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Home My WebLink About03-1832 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. Cy3 /¢3 / : CIVIL DIVISION - LAW : CONFESSED JUDGMENT TO: L. B. SMITH, INC., Defendant You are hereby notified that one/'/ ~2~ in the above-captioned case. ,2003, Judgment by confession was entered against you in the sum of $27,498.60 / P"rotffonotary -- - - 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 DRIV~ Robert D. Kodak, Attorney for Plaint~,,~ de 2003, un fallo por admision fue registrado contra usted por la cantidad A L. B. SMITH, INC., Demandado(s) Por este medio sea avisado queen el dia de $27,498.60 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 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 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 ........................................... $ 21,539.15 .......................................... $ 1,376.35 ......................................... $ 4,583.10 TOTAL ....................................................... $ 27,498.60 Judgment entered as above. Pr°3l~°n°tary ~ 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 Plaintifffiles 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 30, 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. 900833, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNIEJO\P~SB\CONFJUDG\LB SMITI-hls900833.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 Twenty-Two Thousand, Nine Hundred Fifteen Dollars and Fifty Cents ($22,915.50) 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~SB\CONFJUDG\LBSMITH\Is900833.wpd: 16Apr03 2 Principal Amount Due State Tax and Costs Due Attorney Collection Fees TOTAL ........................................... $ 21,539.15 .......................................... $ 1,376.35 ......................................... $ 4,583.10 ....................................................... $ 27,498.60 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-Seven Thousand, Four Hundred Ninety-Eight Dollars and Sixty Cents ($27,498.60). WHEREFORE, Plaintiff demands Judgment in the sum of TWENTY-SEVEN THOUSAND, FOUR HUNDRED NINETY-EIGHT DOLLARS AND SIXTY CENTS ($27,498.60), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, KNUPP, KOD IMBLUM, P.C. 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~Is900833.wpd: 16Apr03 3 PENN .2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 (7175 731-727Z ~LVANIA STATE BANK LsASING LEASE AGREEMENT Tills LEASE CANNOT BE CANCELLED Lease No. 900833 LESSEE: STREET CITY, STATE, ZIP PHONE NUMBER CONTACT L.B. Smith, Inc. 6375 Mercury Drive Mechanicsburg, PA 17050 JeffSavard SCHEDULE OF RENTAL PAYMENTS INITIAL TEIOd OF LEASE (MONTI IS) 36 Months 36 $ 724.18 43.45 $ 767.63 C ~,. iI, l~lll~,l~T~ NUMBER OF RENTAL TAX TOTAL PAYMENT PREPAID RENTALS # 2 ~ $ 767.63 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 1535.26 I S CHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached. IEQUIPMENT LOCATION: 6375 Mercury Drive STREET Mechanicsburg Cumberland PA 17050 CITY COUNTY STATE ZIP GUARANTY OF LEASE This Guaranly Agreement made and entered as of the date writleu below by thc 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 thereinafter collectively "Lease") with the above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or otherwise, io Lessee, aud it is to the benefit of Guarantor that Lessor enter into the Lease with Lessee, and Guarantor has read the proposed Lease in fidl and finds the lerms 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 tlre Guaranty in enlering 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 Ihe terms or conditions required of Lessee under the Lease, or in the event of failure of Lessee to make any or all payments of mouey required of it uuder the Lease, Guaranlor uncondilionally 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 obligalions of Guarantor hereunder are joint and several and are indepeudent 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. Guaraotor hereby waives the benefit of any suretyship defenses affecling its liability hereunder or the enforcement be~of. Guarantor aulhorizes Lessor, without notice or demaud, and without atlbctiug Guarautor's liability hereunder, from time Io time to renew, extend, accelerate, or otherwise change the payment termg or other terms of the Lease or ally part thereof., Lessor may without notice, assign this Guaranly in whole or in part. Guarantor hereby waives any righl lo require Lessor to: (a) proceed against Lessee; {b) proceed against or exhaust any security held by Lessor; or (c} pursue any other remedy in Lessor's power. Gua~anlor waives any defense arising by ~eason of any defense of Lessee, or by reason of the cessation, from any cause whatsoever, of the liability of Lessee under Ihe lea~ e and hereby waives any right Io Irial by jury iu any claim, action, proceeding or counterclaim by eilher lessor or guarantor against each other on any matter arising out of or in any way connected with Ibis guaranty, the sale of Ihe equipment or use of the equipment. Guarantor waives any and all demands for performance, notices of uoupcr/brmauce or detitull, and notices ofcancellation er forfeiture. Lessor may apply all proceeds received from Lessee or others to such part of Lessee's indebtedness as Lessor nmy decm appropriate without consulting Guarantor and with prejudice to or in any way limiting or lessening the liability of Guarantor uuder this Guaranty. This Guaranty shall not be affected or discharged by the death of the undersigned, aud shall inure to tile benefit of any successors or assigns of Lessor. This inslmment conslilutes the entire agreement between Lessor and Guaraotor. No oral or written representation not conlained herein shall in any way affect this Guaranty, which shall not be notified except by the parilies in writing. Waiver by Lessor of any provision herenfin one instance shall not constitute a waiver as to any other instance. Confession of Jndgment, Guarantor hereby authorizes and empowels the Prothonotary, Clerk or any attorney of the court of record within the United States 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 declaration filed. Guarantor [eleases and waives all righls to appeal, appraisement, stay of execulion, inquisition and exemplion tinder any law now or hereafter enforced, and Guarantor hereby agrees the real estate may be sold under 'axil of execution and voltmtarily coudemus Ihe same and authorizes the Prothonotary or Clerk to enter said condemnation on such writ. Guarantor, having specifically read and uuderstood tile Submission ut' Personal Jurisdiction; Choice of Law, hereby agrees to be bound by its terms which are incorporated hcrcin 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 WilEREOF, tile undersigned Gnarantnr(s) has/have execnted tills Guaranty this day of. 2002. GUARANTOR GUARANTOR PRINT NAME PRINT NAME HOME ADDRESS CITY/STATE/ZIP Please attach copy of valid driv copy of valid driver's license. TERMS AND CONDITIONS P, ASE READ CAREFULLY BEFORE SIGN. rl~01 ....... Ii ............... d assigl~s (su~ect eeveflhdess Io rgstrlct ~ons p~'o~ded bt Section APPLICABLE LAW; JURISDICTION AND VENUE I 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 wi{h the onderstanding that any action or proceeding regarding th s Lease or the Equipment sha 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 bus ness in any such action. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwealth &Pennsylvania app ied w thout giving effect to conflict-of-laws principle% except that UCC Article 2A shall apply whether or not adopled by sueh 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 I. ease on behalf of Lessee (or I am the sole proprietor doing business as the Lessee). I have read this Lease and discussed it with counse, Io the exlent I believe necessat3, and on behalf of Lessee, I acknowledge that THIS LEASE CONTAINS THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND '/V~AY NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY LESSOR. Agreed to by Lessee on \7~"~/'~ ~ ~ 2002 Lessee L.B/:~mi3h, Iric. LESSOR: BY: Please attach a copy ora valid drivers license for the individual(s) signing documentation. TtlIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR ITS President~Leasing DATE DESCRIPTION OF EQUIPMENT Lease No. 900833 "Exhibit A" 25 SYs.CONF~"~-'-~[~$TOM PC P6179AV HP E-PC 42 BASE-MODEm 3 YEAR P5937AV HP PENTIUM P~ 1 7GHZ P5942AV HP HDD 2QGB (UA~A!00 P6069AV HP 512MB/133MHZ P5949AV 24X SLIM COD P6070AV USB FDD P5952AV PS2 KEYBOARD US P6054AV PS2 SCROLLING MOUSE P6172AV STANDARD PACKAGING P606!AV WINDOWS XP PRO US P6174AV WINDOWS XP LOGO 7200RPM) D8904A HP 72 i7IN COLOR MONITOR 15.9- V.I. Mfq Part a : D8904A~ABA SN's : CN2I!35048" CN2!!35055 CN2t135642 D890~_A HP 72 !7iN COLOR MONITOR 15.9 V.I. Mfq Part ~ ~, : D8904A,'=,'ABA SN's : CN20937799 CN20937807 CN20937813 LOCATION: SIGNATURJE: D890%A HP 72 !7IN COLOR MONITOR 15.9 V.i. Mfc Part ,~ : D890~.A~ABA SN's : CN2±o~0615 CN2!~306t6 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 ~ FOREGOING; ALL PROCEEDS R.ELATING TO ANY OF THE FOREGOING (INCLUDING INSURANCE, GENERAL INTANGIBLES AND ACCOUNTS PROCEEDS). 6375 Mercury Drive, Mechanicsburg, PA 17050 DESCRIPTION OF EQUIPMENT Lease No. 900833 "Exhibit A" - ~(1qe_ ~ 2 D8~04A EP 72 17IN COLOR MONITOR 15.9 V.I. Mfg Part3# : D8904A#ABA SN's : CN2z1350~_ CN21135049 2 Dsg0~_A HP 72 17f~ dOLOR MONITOR 15.9 V.I. NM~ Part" D8904A~A~A SN's : C 937795'~ : CN2~937~'08 2 D8904A HP 72 !7IN COLOR MONITOR 15.9 V.!. _M_~q Part % : D890~_A~ABA SN's : CN2Ii35041 CN21135051 2 D8904A MP 72 17iN COLOR MONITOR 15.9 V.I. Mfg 'mart -~ : D8904A~ABA SN's : ~N2_1~5042" CN21135639 1 D8904A HP 72 17IN COLOR MONITOR !~.9 V.I. Mfg. P~rt ~ : D89~ U Serial No. : CN20937794 2 D8S04A MP 72 17iN COLOR MONITOR 15.9 V.I. ~.i~[ Part" D890~aA.~ SN s : C 032~98 CN2_032502 WHETHER ANY OF ~E FO~GO~G IS O~-ED NOW OR ACQ~D ~TER; ~L ACCESSIONS, ~DITIONS, ~PLACE~S A~ S~S~TIONS ~LAT~G TO ~ OF THE FO~GO~G; ,~L ~CO~S OF ~Y ~ ~LAT~G TO A~ OF ~ FO~GO~G; ALL PROCEEDS ~LAT~G TO ~ OF ~E FO~GO~G (~CL~G ~S~CE, GE~ ~TANG~LES A~ ACCOSTS PROCEEDS). LOCATION: SIGNATUR/~: 6375 Mercury Drive, Mechanicsburg, PA 17050 717-?~6-3165 PA STATE BANK OPE~AT 6~D P06 APR 16 '0~ 16:1~ Pennsylvania State Bank L I~ A $ I N G April 16, 2003 Mr. Jeffrey A Savard L.B. Smith, Inc. 6375 Mercury Drive Mechanicsburg, PA 17055 Dear Mr. Savard: As you arc 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. 900833 in the amount of $2'2,915.50 which includes PA Sales/Use Tax of $1,292.35 and UCC termination fee of $84.00. To avoid legal action paymems should be I Jade no later than April 18, 2003. If payment is not received by the above date immedial:,, repossession efforts of the equipmem shall begin, You nmy contact my office at 717-796-2650 or contact our counsel, Robert Kodak at 717-238-7151. D~,ncerely President-Leasing Perm. sylvania State Bank Leasing Corporatc Hcadquarto5 · 2148 Market Strert · ?.(~ Box 4§7 · I amp Hill, PA 17001-4:)487 · 717.731.7272 · 717.731.8107 Pax · paststebank, com 2800 Mt. Rose Avenue · P,O. :%x 3597 · York, PA 17402 · 717.600,0364 · 717.600.0565 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 tmderstand 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 .~, l/. President Dated: 3030154 F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMITH~Is900833.wpd: 16Apr03 PENNSYLVANIA SATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff L.B. SMITH, INC. TO THE PROTHONOTARY: In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 03-1832 CIVIL DIVISION - LAW Defendant(s) PRAECIPE 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