HomeMy WebLinkAbout01-03250
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TELMARK LLC,
Plaintiff,
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CIVIL DIVISION
CIVIL ACTION LAW
-vs-
NO.: ()/- 3;t~U ~ Iv-
ROY SALISBURY, JR.
CHRISTINE SALISBURY
Defendants.
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summons in the above-captioned matter.
ALl, PAPPAS & COX, P.C.
BY:~
P. DOUGL S DODD, SQ.
Pa ID 79480
224 Harrison Street
Suite 500
Syracuse, NY 13202
315-472-4481
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TELMARK LLC
P.O. Box 4943
Syracuse, New York 13221
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Plaintiff,
-vs-
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
) ClVILACTION-LAW
ROY SALISBURY, JR.
CHRISTINE SALISBURY
7802 Wertzville Road
Carlisle, PA 17013
)
)
Defendants.
NO: 0 ,- 3). r"o CwJ I.v.-
WRIT OF SUMMONS
TO: ROY SALISBURY, JR. & CHRISTINE SALISBURY
You are hereby notified that Telmark LLC has commenced an action against you.
Dated: ~ J.Jl, ;)D7J (
SEAL OF THE COURT:
BY:
('~dTi" I? -\~l \.,...-
Prothonotary and Clerk f C'ourts
BY: ~ (J i'M-d;,,, ~
ALl, PAPPAS & COX, P.C.
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P. DOUGLAS DODD, ESQ.
Pa ID 79480
Attorneys for Plaintiff
224 Harrison Street
Suite 500
Syracuse, NY 13202
315-472-4481
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IN THE COURT OF C~MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TELMARK LLC
P. O. Box 4943
Syracuse, New York 13221
Defendants.
)
)
)
)
)CIVIL ACTION-LAW
)No. Of- 3.250 c:wJ/~
)
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)
)
)
)
)
)
Plaintiff,
- vs -
ROY SALISBURY, JR.
CHRISTINE SALISBURY
7802 Wertzville Road
Carlisle, PA 17013
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and fIling in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so, the case may proceed without you and judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights import to you.
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 rmd out where you can get legal help.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Ave.
Carlisle, PA 17013
(800) 990-9108
(7~
P. D G DODD, ESQ.
ALl, PAPPAS & COX, P.C.
Attorneys for Plaintiff
500 Syracuse Building
224 Harrison Street
Syracuse, New York 13202
Telephone (315) 472-4481
1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TELMARK LLC
P. O. Box 4943
Syracuse, New York 13221
Plaintiff,
)
)
)
)
)CIVIL ACTION-LAW
)No. 01_ 3.1 50 CWd I.u.-
)
)
)
)
)
)
)
)
)
- vs -
ROY SALISBURY, JR.
CHRISTINE SALISBURY
7802 Wertzville Road
Carlisle, PA 17013
Defendants.
COMPLAINT
The Plaintiff, Telmark LLC (formerly known as Telmark Inc.), by and through its counsel,
Ali, Pappas & Cox, P.C., A Professional Corporation, files this Complaint, averring in support
thereof as follows:
1. That at all times mentioned herein, the Plaintiff, Telmark LLC, is a Delaware Limited
Liability Company with its principal place of business located in the State of New York, organized
and existing by virtue of the laws of the State of Delaware with its principal place of business located
at P,O. Box 4943, Syracuse, New York 13221-4943. Telmark is authorized to do business in the
Common pleas of Pennsylvania pursuant to Certificate of Authority obtained on or about December
12, 1965 from the office of the Pennsylvania Secretary of State.
2
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2. That upon information and belief, and at all times mentioned herein, Roy Salisbury, Jr.
and Christine Salisbury 'Yere and still are residents of the County of Cumberland residing at 7802
Wertzville Road, Carlisle, PA 17013.
3 . Venue is proper pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure
because the Lease hereinafter described was executed in Cumberland County, Pennsylvania.
COUNT ONE
BREACH OF CONTRACT --LEASE
(Against Roy SaliSbury, Jr.)
4. Telmark repeats and rea1leges paragraphs 1 through 3 herein above as though fully set
forth herein.
5. Heretofore and on or about the 16th day of April, 1999 the Defendant entered into a
Lease Agreement with Telmark, as Lessor, designated as Lease Number T6996, pursuant to which
the Defendant leased one 1991 Reitnouer Flat Bed, $1.00 due at signing and $430.00 due monthly
for fifty three remaining payments. A true and correct copy of the Lease is attached hereto as
Exhibit "A" and is incorporated herein by reference.
6. Subsequent to the execution of the Lease, Roy Salisbury, Jr. failed to make all monthly
rental payments in a timely manner.
7. As the result of his failure to make lease payments when due Mr. Salisbury is in
default of the Lease.
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8. Paragraph 13 of the Lease authorized Telmark, upon any default, to declare the entire
amount of all rental immediately due and payable plus the residual value of the equipment, to
repossess and sell the leased equipment and credit lessee with the net proceeds of sale, and to collect
this amount along with the late charges, attorneys' fees and other expenses.
9. In accordance with the provisions of Paragraph 13 and as the result of Mr. Salisbury's
breach of the Lease, Telmark has suffered damages totaling the deficiency amount of $11,789.86.
WHEREFORE, Plaintiff demands Judgment against Roy Salisbury, Jr. in the amount of
$11,789.86, along with costs and expenses of suit, including reasonable attorneys' fees, and such
other relief as to this Court may seem just and proper.
COUNT TWO
BASED UPON THE EXECUTED CONTINUING INDIVIDUAL
GUARANTY OF PAYMENT
(Against Christine Salisbury)
10. Heretofore and on or about April 19, 1999, and for the purpose of inducing the
Plaintiff to enter into the aforementioned Lease with Roy Salibury, Jr., the Defendant Christine
Salisbury did make, execute and deliver to the Plaintiff a Continuing Individual Guaranty of
Payment. A copy of said Guaranty is annexed hereto and made a part hereof and labeled Exhibit
"B." In reasonable reliance upon said Individual Guaranty, Telmark LLC duly entered into a
Lease Agreement with Roy Salisbury, Jr. as aforesaid.
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11. That the Defendant, Roy Salibury, Jr., has failed to comply with the terms,
covenants and conditions of the Lease Agreement by failing to make all Lease payments in a
timely manner.
12. Based upon the Continuing Individual Guaranty, the Defendant Christine Salisbury
is personally liable for the balance due and owing upon the Lease Agreement in the total sum of
$11,789.86, which sum has been duly demanded and which remains unpaid.
WHEREFORE, Plaintiff demands Judgment against the Defendant Christine Salisbury based
upon the executed Continuing Individual Guaranty of Payment in the sum of $11,789.86 plus interest
thereon, together with reasonable attorneys' fees and such other and further relief as to the Court may
seem just and proper.
COUNT THREE
BREACH OF CONTRACT--LEASE
(Against Roy Salisbury, Jr.)
13. Telmark repeats and realleges paragraphs 1 through 12 herein above as though fully
set forth herein.
14. Heretofore and on or about the l51h day of November, 1999 the Defendant entered into
a Lease Agreement with Telmark, as Lessor, designated as Lease Number T93l9, pursuant to which
the Defendant leased one 1989 American Reefer Trailer with Spread Axle (48 x 96), $460.00 due at
signing and $460.00 due monthly for fifty four remaining payments. A true and correct copy of the
Lease is attached hereto as Exhibit "c" and is incorporated herein by reference.
15. Subsequent to the execution of the Lease, Roy Salisbury, Jr. failed to make all monthly
rental payments in a timely manner.
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16. As the result of his failure to make lease payments when due Mr. Salisbury is in
default of the Lease.
17. Paragraph 13 of the Lease authorized Te1mark, upon any default, to declare the entire
amount of all rental immediately due and payable plus the residual value of the equipment, to
repossess and sell the leased equipment and credit lessee with the net proceeds of sale, and to collect
this amount along with the late charges, attorneys' fees and other expenses.
18. In accordance with the provisions of Paragraph 13 and as the result of Mr. Salisbury's
breach of the Lease, Telmark has suffered damages totaling the deficiency amount of $20,522.31.
WHEREFORE, Plaintiff demands Judgment against Roy Salisbury, Jr. in the amount of
$20,522.31, along with costs and expenses of suit, including reasonable attorneys' fees, and such
other relief as to this Court may seem just and proper.
COUNT FOUR
BASED UPON THE EXECUTED CONTINUING INDIVIDUAL
GUARANTY OF PAYMENT
(Against Christine Salisbury)
19. Heretofore and on or about November 15, 1999, and for the purpose of inducing
the Plaintiff to enter into the aforementioned Lease with Roy Salibury, Jr., the Defendant
Christine Salisbury did make, execute and deliver to the Plaintiff a Continuing Individual
Guaranty of Payment. A copy of said Guaranty is annexed hereto and made a part hereof and
labeled Exhibit "D." In reasonable reliance upon said Individual Guaranty, Telmark LLC duly
entered into a Lease Agreement with Roy Salisbury, Jr. as aforesaid.
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20. That the Defendant, Roy Salibury, Jr., has failed to comply with the terms,
covenants and conditions of the Lease Agreement by failing to make all Lease payments in a
timely manner.
21. Based upon the Continuing Individual Guaranty, the Defendant Christine Salisbury
is personally liable for the balance due and owing upon the Lease Agreement in the total sum of
$20,522.31, which sum has been dilly demanded and which remains unpaid.
WHEREFORE, Plaintiff demands Judgment against the Defendant Christine Salisbury
based upon the executed Continuing Individual Guaranty of Payment in the sum of $20,522.31
plus interest thereon, together with reasonable attorneys' fees and such other and further relief as
to the Court may seem just and proper.
COUNT FIVE
BREACH OF CONTRACT--LEASE
(Against Roy Salisbury, Jr.)
22. Telmark repeats and realleges paragraphs 1 through 21 herein above as though fully
set forth herein.
23. Heretofore and on or about the 251h day of February, 2000 the Defendant entered into
a Lease Agreement with Telmark, as Lessor, designated as Lease Number T9389, pursuant to which
the Defendant leased one 1993 Kenworth Truck Tractor, no payment due at signing and $1,011.00
due monthly for forty seven remaining payments. A true and correct copy of the Lease is attached
hereto as Exhibit "E" and is incorporated herein by reference.
24. Subsequent to the execution of the Lease, Roy Salisbury, Jr. failed to make all monthly
rental payments in a timely manner.
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25. As the result of his failure to make lease payments when due Mr. Salisbury is in
default of the Lease.
26. Paragraph 13 of the Lease authorized Telmark, upon any default, to declare the entire
amount of all rental immediately due and payable plus the residual value of the equipment, to
repossess and sell the leased equipment and credit lessee with the net proceeds of sale, and to collect
this amount along with the late charges, attorneys' fees and other expenses.
27. In accordance with the provisions of Paragraph 13 and as the result of Mr. Salisbury's
breach of the Lease, Telmark has suffered damages totaling the deficiency amount of $46,327.59.
WHEREFORE, Plaintiff demands Judgment against Roy Salisbury, Jr. in the amount of
$46,327.59, along with costs and expenses of suit, including reasonable attorneys' fees, and such
other relief as to this Court may seem just and proper.
COUNT SIX
BASED UPON THE EXECUTED CONTINUING INDIVIDUAL
GUARANTY OF PAYMENT
(Against Christine Salisbury)
28. Heretofore and on or about February 25,2000, and for the purpose of inducing the
Plaintiff to enter into the aforementioned Lease with Roy Salibury, Jr., the Defendant Christine
Salisbury did make, execute and deliver to the Plaintiff a Continuing Individual Guaranty of
Payment. A copy of said Guaranty is annexed hereto and made a part hereof and labeled Exhibit
"F." In reasonable reliance upon said Individual Guaranty, Telmark LLC duly entered into a
Lease Agreement with Roy Salisbury, Jr. as aforesaid.
8
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29. That the Defendant, Roy Salibury, Jr., has failed to comply with the terms,
covenants and conditions of the Lease Agreement by failing to make all Lease payments in a
timely manner.
30. Based upon the Continuing Individual Guaranty, the Defendant Christine Salisbury
is personally liable for the balance due and owing upon the Lease Agreement in the total sum of
$46,327.59, which sum has been duly demanded and which remains unpaid.
WHEREFORE, Plaintiff demands Judgment against the Defendant Christine Salisbury based
upon the executed Continuing Individual Guaranty of Payment in the sum of $46,327.59 plus interest
thereon, together with reasonable attorneys' fees and such other and further relief as to the Court may
seem just and proper.
Dated: 4-.J? , 2001
ALl, PAPPAS & COX, P.C.
A Professional Corporation
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P. DOUGLAS DODD, ESQ.
PAID #79480
500 Syracuse Building
224 Harrison Street
Syracuse, New York 13202
Tel: (315) 472-4481
9
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VERIFICATION
I, JOHN K. DA VIAU, am a Region Collection Manager for Te1mark LLC (formerly
known as Te1mark Inc.), Plaintiff herein, and, as such, I am authorized and do make this verification
on behalf of Plaintiff, and state that the averments of facts set forth in the foregoing Verified
Complaint are true and correct to the best of my knowledge or information and belief.
I understand that the statements therein are made subject to the penalties of 18
Pa.Cons.Stat '4904 relating to unsworn falsification to authorities.
DATED:
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REGION COLLECTION
MANAGER
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7:J. 'ARK LLC (Lessor)
PfBOX 943, SYRACUSE, NEW YORK 13221-4943 PHONE 1-800-451-3322
{ESSEE ROY SALISBURY JR
LEASE No.: T (.. 9 '1 b
VEHICLE lOCA iION:_X _CHECK IF ADDRESS IS
SAME AS LESSEE OR INDICATE ADDRESS B~LOW INCLUOING
CITY,COUNlY AND STATE:
ADDRESS
7802 WERTZVILLE RD.
CITY
COUNTY
CARLISLE STATE PA ZIP 17013
CUMBERLAND
INDIVIDUAL
NAME OF PERSON TO CONTACT ROY SALISBURY JR.
SUPPLIER TRI-STATE TRAILER SALES INC_
ADDRESS 1690 ROHRERSTOWN RD.
LANCASTER PA 17604
SALESPERSON BILL PACACHA
VEHICLE DESCRIPTION (THE "VEHICLE"):
1991 REITNOUER FLAT BED
QUANTITY, MANUFACTURER,ITEM(S), MODEL NO., SERIAL NO., AND/OR OTHER IDENTIFICATION
RENTAL AMOUNT'PER PAYMENTS WILL BE MADE TERM OF LEASE NO. OF LEASE PAYMENTS ADVANCE PAYMENT
PAYMENT PERIOD MO~THL Y U OTHER: (NO. MONTHS) REMAINING
$430.00 54 53 $1.00
PAYMENT SCHEDULE
EACH LEASE PAYMENT IS SUBJECT TO SALES TAX OR PERSONAL PROPERTY TAX AT PERCENTAGES OR AMOUNTS AS MAY FROM TIME TO TIME
BE IN EFFECT, SEE IS RESPONSIBLE TO PROVIDE THE LESSOR AN EXEMPTION CERTIFICATE AS REQUIRED BY LAW.
YES NO; OTHER EXHIBITS (LIST): Exhibit 1 & Exhibit 2
TERMS AND CONDITIONS OF LEASE
1, LEASE. Lessor leases to Lessee the VEHICLE described above. Lessor, at and is not subject to any adjustment by Lessee of any kind or for any reason. All
the request of the Lessee, has ordered the VEHICLE from the supplier(s) in payments shall be made to the office of Telmark LLC, PO Box 4943, Syracuse, NY
accordance with specifications selected by the Lessee. All repiacement parts, 13221 or as direcled by Lessor. Lessee shall pay a late charge of 3% of any rental
additions, improvements and accessories incorporated in or affixed to the payment or $25, whichever is greater, when any payment is made more than ten days
VEHICLE become the properly 01 Lessor. after Ihe due dale (subject to maximum limits imposed by state law). Any security
2. TERM. The term of this LEASE shaH commence on the date the Acceptance deposit may be applied to the payment of late chargesJ expenses, attorney fees and
Notice is executed. At the end of the LEASE term, the LEASE terminates upon the any other payments or expenses related to this LEASE, at Lessor's discretion, and any
payment of all spooifled rentals or other charges and the fulfillment oj ell other remaining balance returned to the Lessee at the termination of this LEASE.
oilli9ations 01 this LEASE. This LEASE is irrevocable and non-cancelable for Ihe fuil 4. VEHICLE. Lessee shail keep the VEHICLE at the location as described above.
term and shan be binding upon the Lessee, the Lessee's heirs, successors, assigns Lessor will have the right of access to the VEHICLE for any lawful purpose subject to
and legal representalives. Lessee's rights under this agreement Lessor may inspect Ihe VEHICLE during
3. RENTALS. The non refundable advance rental payment shail be due upon Ihe reasonable business hours. Lessee agrees (al not to ailow fhe use of the VEHICLE by
execution ot the LEASE or at such other time as agreed to by Lessor and appiied to other than empioyee. of Lessee and (bl not to rent or sublet the VEHiCLE or any part
satisfy Lessee's obligations under the LEASE. Lessee shall pay the remaining rental thereof to others fo'r their own use without the prior written consent of the Lessor-
payments as specified above. The rant due is absolute and uncondit'lonal Lessee shall comply 'with all laws, rules and regula~ions.
NOTICE TO LESSEE: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS "NY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF
THE AGREEMENT YOU SIGNED. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
LESSEE AGREES TO THE LEASE TERMS AND CONDITIONS OF THIS ENTIRE AGREEMENT ALONG WITH ALL SCHEDULES AND EXHIBITS BY SIGNING BELOW
THAT THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTiES. NO SUPPLIER, AGENT, OR LESSEE MAY WAIVE OR MODIFY ANY TERM OF
THIS LEASE AGREEMENT EXCEPT AS AGREED TO BY THE LESSOR IN WRITING BY AN AUTHORIZED OFFICER.
IN WITNESS WHEREOF LESSEE HAS HEREBY EXECUTED THIS NON CANCELABLE LEASE DATED '-l.! {. - (,) '/
IN THE EVENT THAT THIS L~ASE IS EXECUTED BY A CORPORATE OFFICER, MANAGING PARTNER OF AN LLP OR MANAGER OF AN LLC, THAT PERSON
HEREBY CERTIFIES THATHElSHEIS DULY AUTHORlZED TO EXECUTE SAME BY A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION
ANDIOR BY MEMBERS OF THE LLP OR LLC.
b~~SEE REPRESENTS, SWEARS AND AFFIRMS THAT THE VEHICLE IS FOR COMMERCIAL OR ::INUNO N~OR PERSONAL, FAMILY OR HOUSEHOLD
SIGNEDBYX SIGNED~~~~
TITLE TITLE L<_ -"''0 .$JJ...... ~
{INOICATE CORPORATE OFFICElGENERAl PARTNERlPARTNERllESSEElMANAGERj (INDICATE CORPORATE OFFICE/GENERAL PARTNERlPARTNERllESSEElMANAGER)
SIGNED BY X
SIGNED BY X
TITLE TITLE
(INDICATE CORPORATE OFFICE/GENERAL PARTNERlPARTNERJLESSEElMANAGER) (INDICATE CORPORATE OFFICE/GENERAl PARTNERlPAATNERlLE~EEJMANAGER)
THiS AGREEMENT 8HALL N'Or BECOME EFFECTiVE UNTIL ACCEPTED BY THE LESSOR, tTS AGENT OR ASSIGNEES IN ITS COMPANY OFFICE IN THE STATE OF 'NEW YORK. THE
TRANSACT/ON HEREUNDER SHALL BE GOVERNED AND CONSTRUED BY THE LAWS OF THE STATE OF NEW YORK WHERE IT HAS BEEN ACCEPTED BY THE LESSOR.
ACCEPTANCE: TELMARK LLC, LESSOR
1Ja.r ~~
BY
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TITLE
(f!.;z.(J91
DATE
H06 (Rev. 8/98)
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TERMS AND CONDITIONS OF LEASE
'5. ACCEPTANCE AND REPAIRS. lessee shall inspect the VEHICLE lessor,
promptly upon receipt and shall conclusively be presumed to have accepted the lessee shall. if so required by lessor, obtain term life insurance upon
VEHICLE except for defects of which Lessor and the supplier are given written Lessee's life, in an amount required by lessor. lessee agrees to name lessor as
notice upon delivery. The date of acceptance may be inserted in the sole beneficiary and to assign ownership of said policy to lessor.
Acceptance Notice by lessor. Lessee at its own cost and expense shall keep In the event of failure of lessee to provide and maintain any and all
the VEHICLE in good repair and condition and shall not use the VEHICLE beyond insurance required under this Section or to provide acceptable evidence thereof.
its capacities. lessee shall not, without lessor's prior written consent, incur lessor may but is not required to obtain said insurance and shall charge all
any expense for lessor's account. lessor shall not be obligated to make any premiums therefor to lessee as additional rent.
repairs orreplacements to the VEHICLE. 12, TAXES. All taxes, tees and other charges imposed on the VEHICLE shall
-6. TITLE. The lessor and lessee agree that the VEHICLE is personal be paid by the Lessee. If Lessor is required to pay taxes, fees and other
property and that title shall remain in lessor's name exclusively. lessee shall charges, lessor will charge any payments to Lessee as additional rent.
give Lessor immediate notice of any attachment or other judicial process, liens, 13. DEFAULT. If lessee fails to pay any rent or other amount due within ten
or encumbrances affecting the VEHICLE. days; or if Lessee fails to observe, keep or perform any provision of this LEASE;
7. END OF TERM OPTIONS. When the LEASE terminates, the Lessee's or there is the entry of a decree or order for relief. by any court having
oplions are: (i) renew the LEASE at the fair rental value of the VEHICLE for jurisdiction, in respect to Lessee, in any voluntary Or involuntary casaunder the
such term as the parties agree or (ii) purchase the VEHICLE at fair market value federal Bankruptcy laws; or if Lessee, without lessor's prior written consent,
or (iii) return the VEHICLE. During any renewal period, all of the provisions of shall attempt to remove, sell, transfer, encumber, sublet or part with
this LEASE remain in effect except for the new term and rental. The Lessee possession of the VEHICLE, or if Lessor deems itself insecure, such an event
must provide Lessor with 60 days written notice prior to the end of the term will be deemed to be a default of the LEASE and Lessor shall have the right to:
that the lessee will renew the lEASE, purchase the VEHICLE or return the (a) declare the entire amount of all unpaid rental, immediately due and payable,
VEHICLE. which is computed as the sum of any outstanding rentals due and unpaid, other
Should lessee not elect to renew or purchase, lessee will return the unpaid charges including all late charges, attorney fees and other expenses,
VEHICLE to lessor for lessor's sole and exclusive use, at the lessee's expense, plus the present value of the remaining rentals discounted on a monthly basis at
in the same condition as when accepted, reasonable wear and tear excepted. the nominal rate of six 16) percent per annum; and (b) take possession of the
lessee shall cooperate with Lessor in taking possession of the VEHICLE. Until VEHICLE. lessee shall cooperate with lessor in taking possession of the
lessee returns the VEHICLE, current rental shall continue. VEHICLE. Lessor will have access to the VEHfClE after taking posses~ion for
8. WARRANTIES. LESSOR SHALL AUTHORIZE LESSEE TO ENFORCE IN any lawful purpose.
LESSEE'S NAME ALL WARRANTIES. AGREEMENTS. OR REPRESENTATIONS. IF Upon taking possession of the VEHICLE, lessor at its option may Ii) sell
ANY, WHICH MAYBE MADE BY THE SUPPLIER. LESS DR MAKES ND Ihe VEHICLE or any part thereof 10 the highesl bidder al public auction or
EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER private sale. or (ii) engage in any lawful purpose including to re.lease. lessee
WHATSOEVER, INCLUDING WITHOUT LIMITATION. THE CONDITION OF agrees that ten days written notice to Lessee of any public or private sale
THE VEHICLE. ITS MERCHANTABILITY OR ITS FITNESS FOR ANY constitutes reasonable notice. Notice is deemed given on date of mailing.
PARTICULAR PURPOSE. OR ANY WARRANTIES AGAINST lessee hereby waives any and all damages occasioned by such taking of
INFRINGEMENT OR INTERFERENCE. NO DEFECT OR UNFITNESS OF THE possession. Any such taking of possession shall not constitute a termination of
VEHICLE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT AS this lEASE and shall not relieve lessee of its lEASE obligations.
PROVIDED IN THIS LEASE OR OF ANY OTHER OBLIGATION UNDER THIS 14. CROSS.DEFAULT. Any default by Lessee under this LEASE will be
LEASE. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR considered a default under any other agreements between the parties and any
CONSEQUENTIAL DAMAGES TO THE LESSEE OF ANY NATURE EITHER default by Lessee under any other agreements between the parties is a default
CAUSED DIRECTLY OR INDIRECTLY OR FOR ANY DAMAGES DUE TO under this lEASE.
SUPPLIER DELAY IN PROVIDING THE VEHICLE. 15. UCC. The lessee hereby authorizes the lessor to file all necessary
LESSEE HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO financing statements and to produce, obtain, or file notices of lien or ather
SETOFF PAYMENTS OF RENT UNDER THIS LEASE FOR A CLAIM evidences of ownership or security interest of the Lessor without Lessee's
ARISING FROM DEFECT OR UNFITNESS OF THE VEHICLE. signature and appoints lessor as its ATTORNEY.IN.FACT far this purpose.
9. INDEMNITY. lessee shall indemnify and save Lessor harmles~ from any lessee acknowledges and agrees that this lEASE constitutes a finance lease
and all liability, including lessor's attorney fees or expenses, arising in within the meaning of the Uniform Commercial Code Article 2A.
connection with the VEHICLE including without limitations, its manufacture, 16. FfNANCIAL STATEMENTS. lessee shall furnish current financial
selection, purchase, delivery, possession, use, injury to Lessee's employees, statements to lessor if requested. lessee grants permission far Lessor to
operation. maintenance, leasing and return including the acts of the lessee in obtain credit reports of lessee during the term of the lEASE.
failing to maintain the VEHICLE in good repair. 17. ASSIGNMENTS. NEITHER THIS LEASE NOR LESSEE'S RIGHTS
10. RISK OF LOSS. Lessee hereby assumes and shall bear the entire risk of HEREUNDER SHALL BE ASSIGNABLE IN WHOLE DR IN PART BY LESSEE
loss, damage and destruction of VEHICLE from any cause whatsoever and no EXCEPT WITH LESSOR'S PRIOR WRITTEN CONSENT AND THE LEASE
loss, damage or destruction of VEHICLE shall relieve Lessee of the obligation to PROVISIONS SHAll BIND ANY PERMITTED SUCCESSORS AND ASSIGNS OF
pay rental or any other obligation of this lEASE. Lessee shall promptly notify lESSEE. LESSOR SHALL HAVE THE RIGHT TO ASSIGN THIS lEASE OR ANY
lessor in writing of any such loss, damage or destruction of the VEHICLE. In PART THEREOF. If Lessor assigns the rentals or any of lessor's other rights,
the event of damage of any kind whatever to any part of VEHICLE, Lessee shall the right of the Assignee to receive the rentals as well as any other rights of
at lessee's expense place the VEHICLE in good repair, condition and working the Assignee shall not be subject to any defense. setoff, counterclaim, or
order. If the VEHICLE is determined by Lessor to be destroyed or damaged recoupment which may arise out of any breach or obligation of Lessor or by
beyond repair, Lessee shall immediately pay Lessor an amount equal to the reason of any other indebtedness or liability at any time awing by lessor to
entire amount of all unpaid rental discounted at the rale of 6% per annum plus Lessee. All rentals due shall be payable to the Assignee by Lessee whether or
the estimated value of the VEHICLE at the end of the lEASE term, as not this LEASE is terminated by operation of law or otherwise, including
determined by the lessor, in addition to performing all other obligations of this without limitation, termination arising out of bankruptcy, reorganization or
lEASE. Upon such payment this lEASE shall terminate and lessee thereupon similar proceedings involving lessor. On receipt of notification of such
shall become the owner at the VEHICLE. assignment, Lessee, subject to its rights hereunder, shall become the
11. INSURANCE. lessee shall at its own expense keep the VEHICLE insured pledgeholder of the VEHICLE for and on behalf of the Assignee and will follow
tor physical damage and shall maintain auto liability insurance and commercial all of Assignee's written directions. lessee on receiving notice of any such
general liability insurance, all on such forms and in such amounts as requested assignment shall make rental payments as directed.
from time to time by Lessor, and shall provide Lessor with acceptable 18. NON.WAIVER. lessor's failure at any time to require strict performance
certification of insurance and upon request shall provide copies of required by Lessee of any of the LEASE provisions shall not waive or diminish lessor's
policies to Lessor. All requested insurance shall provide that insurance right thereafter to demand strict compliance with the terms of this lEASE.
thereunder is primary with respect to any and all insurance that lessor may Lessor's rights are cumulative and not altemative.
maintain on its own behalf and shall be endorsed to name lessor as an 19. SEVERABILITY. If any provision or any remedy be deemed invalid, the
additional insured. Physical damage insurance shall also name Lessor as loss remaining provisions shall be given effect.
payee under the terms of Lenders Loss Payable Endorsement, or equivalent 20. APPLICABLE LAW. This LEASE shall be deemed to have been made in
coverage acceptable to Lessor. The proceeds of such insurance shall be Onondaga County. New York, and shell be interpreted and the rights and
applied, at the option of Lessor, as set forth in the Risk of loss Section liabilities of the parties hereto determined in accordance with the laws of the
(paragraph 10). In the event the Lessor elects to apply insurance proceeds to State of New York.
items lost, damaged or destroyed, the Lessee's obligation for a portion of the 21. ENTIRE AGREEMENT. This document along with all schedUles and
rent shall cease only with respect to the amount applied toward the items lost, exhibits are a single agreement. This Agreement constitutes the entire
damaged or destroyed in the amount of the insurance settlement received by agreement between the parties.
J406 (8/98) (37-7019)
TRAC LEASE
~ ,< ~'i"IIi~Ill~! ~ ~ _ ,"~m', ',,_ c_,~!If~~WI'l'*~;,~"",j~!?",","r~?"JRlJ3,'f'!U;1l"~~~~~~ (i'_",q,_,?"-,,",, "" " ~'~~__~''i.Jh-_'' ",_,__ ,~~_,~ ,~_ .,
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TSLMARK LLC (Lessor)
P.O. BOX 4943, SYRACUSE, NEW YORK 13221-4943 TELEPHONE: 1.e00-451-3322
LEASE No., -,- q "3 I '1
LES~EE 12-01 J;4I/::>bu~ .:[/L
ADDRESS 7 to 2-. vJ (J..../...+::c V I I Lsz... R. d.
,
CI1Y ~/I..I ie...
STATE (:>q I 7 t) 1.3
COUNTY CJJ b.Q./2....~
(CHECK ONE) l/I^- CORPORATION _ PARTNERSHIP ~PROPRIETORSHIP LLC LLP
NAME OF PERSON TO CONTACT !2-<J b - - -
SUPPLIER FrA1/\.C G l {b ::r-
ADDRESS &S- fV....Ll.JAf .6k.
SALESPERSO~ v/ /~ H / 70 (")L
,
VEHICLE LOCATION:k CHECK IF ADDRESS IS
SAME AS LESSEE OR INDICATE ADDRESS BELOW INCLUDING
CITY, COUNTY AND STATE:
VEHICLE DESCRIPTION (THE "VEHICLE"): QUANTITY, MANUFACTURER,ITEM(Sl, MODEL NO., SERIAL NO., AND/OR OTHER IDENTIFICATION
~ -/!uc- Tr ~i ~ '<J-I (+-h
I q 8 c; ~ I LrJ.--<.-\
ox~
~reA-4')
y. >i -,<: 9 t,.
RENTAL AMOUNT PER
PAYMENT PERIOD
PAYMENTS WILL BE MADE
TERM OF LEASE
(NO. MONTHS)
NO. OF LEASE PAYMENTS
REMAINING
ADVANCE PAYMENT
O OTHER
(OESCR.taE PA.YMENT
SCHEDULE BELOW)
57'-
5Y
'-1-00
EACH LEASE PAYMENT IS SUBJECT TO SALES TAX OR PERSONAL PROPERTY TAX AT PERCENTAGES OR AMOUNTS AS MAY FROM TIME TO TIME BE IN EFFECT.
THE LESSEE IS RESPONSIBLE TO PROVIOE THE LESSOR AN EXEMPTION CERTIFICATE AS REOUIREO BY LAW.
EXHIBIT "TG" K YES _ NO; OTHER EXHIBITS lUST):
TERMS AND CONDITIONS OF LEASE
1. LEASE. lessor leases to lessee the VEHICLE described ahove. lessor. at the subject to any adjustment by lessee of any kind or for any reason. All payments shall
request of the lessee. has ordered th, VEHICLE from the suppller(s) in accordance be mad, to the office of Telmark lLC. PO Box 4943. Syracuse. NY 13221 or as
witb specifications selected by the lessee. All replacement parts. additions. directed by lessor. lessee shall pay a lat' charge of 3% of any rental payment or $25.
improvements and accessories incorporated in Of affixed to the VEHICLE become the whichever is greater, when any payment is made more than ten days after the due date
property of Lessor. {subject to maximum limits imposed by state law}. Any security deposit may be appliBd
2. TERM. Tbe term of this lEASE shall commence on the date the Acceptance to the payment of late charges, expenses. attorney fees and any other payments or
Notice is executed. At the end of the lEASE term. the lEASE terminates upon the expenses related to this lEASE. at lessor's discrelion. and any remaining balance
payment of all specified rentals or other charges and the fulfillment of all other returned to the lessee at the termination of this lEASE.
obligations of this LEASE. This lEASE is irrevocable and non' cancelable for the full 4. VEHICLE. Lessee shall keep Ihe VEHICLE at the location as described above.
term and shall be binding upon the lessee, the lessee's heirs, successors, assigns and lessor will have the right of access to the VEHICLE for any lawful purpose subject to
legal representatives. lessee's rights under this agreement. lessor may inspect the VEHICLE during
3. RENTALS. The non refundable advance rental payment shall be due upon the reasonabl, business hours. lessee agrees (aJ not 10 allow the use of the VEHICLE by
exoculion of Ihe LEASE or " such olher lime as agreed 10 by Lessor and appli,d 10 other than employees 01 Lassee and Ibl not 10 rent or sublet tha VEHICLE or any part
satisfy lessee's obligations under the LEASE. Lessee shall pay the remaining rental thereof to others for their own use without the prior written consent of the lessor.
payments as specified above. The fBnt dire is absolute and ul1conditional and is not lessee s,hall comply with all laws, rules and regulations.
NOTICE TO LESSEE: 00 NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COpy OF THE
AGREEMENT YOU SIGNED. KEEP IT TD PROTECT YDUR LEGAL RIGHTS.
LESSEE AGREES TO THE LEASE TERMS AND CONDITIONS OF THIS ENTIRE AGREEMENT ALONG WITH All SCHEOUlES ANO EXHIBITS BY SIGNING BELOW THAT THIS
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO SUPPLIER. AGENT. OR lESSEE MAY WAIVE OR MOOIFY ANY TERM OF THIS lEASE AGREEMENT EXCEPT AS
AGREED TO BY THE LESSOR IN WRITING BY AN AUTHORIZED OFFICER.
IN WITNESS WHEREOF LESSEE HAS HEREBYEXECUTEO THIS NON CANCELABLELEASE OATEO 11-/ .!7 - - 7"9
IN lKE EVENllKAl THIS LEASE IS EXECUTED BY A CORPORAlE O~~ICER, MANAGING PARTNER O~ AN LLP OR MANAGER Of AN LLC. THAT PERSON HEREBY
CERTIFIES THAT HE/SHE IS DULY AUTHORIZED TO EXECUTE SAME BY A RESOLUTION OF THE BOARD OF DIRECTORS OF rHE CORPORATION AND/OR BY MEMBERS OF
THE LLP OR LLC.
LESSEE REPRESENTS. SWEARS AND AFFIRMS THAT THE VEHICLE IS FOR COMMERCIAL OR BUSINESrOSE A SEHOLD USE.
SIGNED BY X
TITLE
SIGNED
TITLE
{lNOlGAT[ CORPORATE OmC[IGENERAl PARTNERIPARTNERIlESSEEIMANAGER\
SIGNED BY X
TITLE
SIGNED BY X
TITLE
llNOlCA TE CORPORATE OFFlCEIBENERAl PkRTNEA/PAIHNERilESSEEIMANA13ER) llNDlCATE CORPORATE OFFICElotNEAAL PA1HNEAJPAATNEAIlESSEE1MhWAGEAj
THIS AGREEMENT SHAll NOT BECOME EFFECTIVE UNTil ACCEPTEO BY THE lESSOR. tTS AGENT OR ASStGNEES IN ITS COMPANY OFFICE IN THE STATEliF NEW YORK. THE
TRANSACTiON HEREUNOER SHALL BE GOVERNEO ANO CONSTRUEO BY THE LAWS OF THE STATE OF NEW YORK WHERE iT HAS BEEN ACCEPTEO BY THE lESSOR.
ACCEPTANCE: TELMARK ltC, LESSOR
--11 u"..,A" 7'Vv....v... r ~~~ ~"" p<{. '...-If II f J..J.f 99
n ~ m~ ~TE
J-406 (8/98) (37-7019)
ORIGINAL.. TELMARK;
COpy - LESSEE
TERMS AND CDNDlTIDNS DF LEASE
'~. I>.CCIO?H.Il.CIO I>.Il.U lllO? MII\\. lessee snail inspect the VEHICLE Lessor.
promptly upon receipt and shall conclusively be presumed to have accepted the Lessee shall, if so required by Lessor, obtain term lite insurance upon
VEHICLE except for defects of which Lessor and the supplier are given written Lessee's Iile, in an amount required by Lessor. Lessee agrees to name Lessor as
notice upon delivery. The date of acceptance may be inserted in the sole beneficiary and to assign ownership of said policy to Lessor.
Acceptance Notice by Lessor. Lessee at its own cost and e'pense shall keep in the event of failure of Lessee to provide and maintain any and all
the VEHICLE in good repair and condition and shall not use the VEHICLE beyond insurance required under this Section or to provide acceptable evidence thereof,
its capacities. Lessee shall not, without Lessor's prior written consent, incur Lessor may but is not required to obtain said insurance and shall charge all
any expense for Lessor's account. Lessor shall not be obligated to make any premiums therefor to lessee as additional rent.
repairs or repiacements to the VEHiCLE. 12. TAXES. All taxes. fees and other charges imposed on the VEHICLE shall
~6. TITLE. The Lessor and Lessee agree that the VEHICLE is personal be paid by the Lessee. If Lessor is required to pay taxes, fees and other
property and that title shall remain in lessor's name exclusively_ lessee shall charges~ Lessor will charge any payments to Lessee as additional rent.
give lessor immediate notice of any attachment or other judicial process, liens, 13. DEFAULT. If lessee rails to pay any rent or other amount due within ten
or encumbrances affecting the VEHICLE. days; or if Lessee fails to observe, keep or perform any provision of this LEASE;
7. END DF TERM DPTIDNS. When the LEASE terminates, the Lessee's or there is the entry of a decree or order for relief, by any court having
opliODS are: {i} renew the lEASE at the fair rental value of the VEH!CLE for jurisdiction, in respect to LeSS8p., in any voluntary or involuntary case under the
such term as the parties agree or (iil purchase the VEHICLE at fair market value Federal Bankruptcy Laws; Dr if lessee, without Lessor's prior written consent,
or (fii) return the VEHICLE. During any renewal period, all of the provisions of shall attempt to remove, sell, transfer, encumber, sublet or part with
this LEASE remain in effect except for the new term and rental. The Lessee possession of the VEHICLE. or if Lessor deems itselIinsecure, such an event
must provide Lessor-with 60 days written-notice priono th'e'end of the ferm- 'wiil beo-deemed to bea-defauit of the LEASE and Lessor shall have the right to:
that the Lessee will renew the LEASE, purchase the VEHICLE or return the (al declare the entire amount of all unpaid rental, immediately due and payable,
VEHICLE. which is computed as the sum of any outstanding rentals due and unpaid, other
Should lessee not elect to renew or purchase, Lessee will return the unpaid charges including all late charges, attorney fees and other expenses,
VEHICLE to Lessor ror lessor's sole and exclusive use, at the Lessee's expense, plus the present value or the remaining rentals discounted on a monthly basis at
in the same condition as when accepted, reasonable wear and tear excepted. the nominal rate of six (6) percent per annum; and (b) take possession of the
Lessee shall cooperate with Lessor in taking possession of the VEHICLE. Until VEHICLE. Lessee shall cooperate with Lessor in taking possession of the
Lessee returns the VEHICLE. current rental shail continue. VEHICLE. Lessor will have access to the VEHICLE after taking possession for
8. WARRANTIES. LESSDR SHALL AUTHDRIZE LESSEE TD ENFDRCE IN any iawfui purpose.
LESSEE'S NAME All WARRANTIES. AGREEMENTS. DR REPRESENTATIDNS.IF Upon taking possession of the VEHICLE, Lessor at its option may (i) seH
ANY. WHICH MAY BE MADE BY THE SUPPLIER. LESSOR MAKES ND the VEHICLE or any part thereof to the highest bidder at public auction or
EXPRESS DR IMPLIED WARRANTIES AS TD ANY MATTER private sale, or (ii) engage in any lawful purpose including to re.lease. Lessee
WHATSDEVER. INCLUDING WITHDUT L1MITATlDN, THE CONDlTIDN DF agrees that ten days written notice to Lessee of any pubHc or private sale
THE VEHICLE. ITS MERCHANTABILITY DR ITS FITNESS FOR ANY constitutes reasonable notice. Notice is deemed given on date of mailing.
PARTICULAR PURPDSE, DR ANY WARRANTIES AGAtNST Lessee hereby waives any and all damages occasioned by such taking of
INFRINGEMENT DR INTERFERENCE. ND DEFECT DR UNFITNESS DF THE possession. Any such taking of possession shaH not constitute a termination of
VEHICLE SHALL RELIEVE LESSEE DF THE OBLlGATIDN TO PAY RENT AS this LEASE and shaH not relieve Lessee of lts LEASE obligations.
PROVIDED IN THIS LEASE DR OF ANY DTHER DB LIGATION UNDER THIS 14. CRDSS.DEFAULT. Any default by Lessee under this LEASE wiil be
LEASE. LESSDR SHALL NDT BE LIABLE FDR ANY INCIDENTAL DR considered a default under any other agreements between the parties and any
CONSEQUENTIAL DAMAGES TD THE LESSEE DF ANY NATURE EITHER default by Lessee under any other agreements between the parties is a defauit
CAUSED DIRECTlY DR INDIRECTlY DR FDR ANY DAMAGES DUE TD under this LEASE.
SUPPLIER DELAY IN PRDVIDING THE VEHICLE. 15. UCC. The Lessee hereby authorizes the Lessor to file all necessary
LESSEE HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TD financing statements and to produce, obtein, or fiie notices of lien or other
SETDFF PAYMENTS OF RENT UNDER THIS LEASE FOR A CLAIM evidences of ownership or security interest of the Lessor without Lessee's
ARISING FRDM DEFECT DR UNFITNESS DF THE VEHICLE. signature and appoints Lessor as its ATTDRNEY.IN.FACT for this purpose.
9. INDEMNITY. Lessee shall indemnify and save Lessor harmless from any Lessee acknowiedges and agrees that this LEASE constitutes a finance lease
and all liability. including Lessor's attorney fees or expenses, arising in within the meaning of the Uniform Commercial Code Article 2A.
connection with the VEHICLE including without iimitations. its manufacture, 16. FINANCIAL STATEMENTS. Lessee shall furnish current financial
selection, purchase, delivery, possession, use, injury to Lessee's employees, statements to Lessor if requested. Lessee grants permission for lessQr to
operation, maintenance, leasing and return including the acts of the lessee in obtain credit reports of lessee during the term of the lEASE.
failing to maintain the VEHICLE in good repair. 17. ASSIGNMENTS. NEITHER THIS lEASE NOR LESSEE'S RIGHTS
10. RISK DF lUSS. Lessee hereby assumes and shall bear the entire risk of HEREUNDER SHALL BE ASSIGNABLE IN WHOLE OR IN PART BY LESSEE
loss, damage and destruction of VEHICLE from any cause whatsoever and no EXCEPT WiTH LESSOR'S PRIOR WRITTEN CONSENT AND THE LEASE
loss. damage or destruction of VEHICLE shaH reiieve Lessee of the obligation to PROVISIONS SHALL BiND ANY PERMITTED SUCCESSORS AND ASSIGNS OF
pay rental or any other obligation of this LEASE. Lessee shall promptly notify LESSEE. LESSOR SHALL HAVE THE RIGHT TO ASSIGN THiS LEASE OR ANY
Lessor in writing of any such ioss, damage or destruction of the VEHiCLE. In PART THEREOF. If Lessor assigns the rentals or any of Lessor's other rights,
the event of damage of any kind whatever to any part of VEHICLE, Lessee shall the right of the Assignee to receive the rentals as well as any other rights of
at Lessee's expense place the VEHICLE in good repair, condition and working the Assignee shaH not be subject to any defense, setoff. counterclaim, or
order. If the VEHICLE is determined by Lessor to be destroyed or damaged recoupment which may arise out of any breach or obligation of Lessor or by
beyond repair, Lessee shali immediately pay Lessor an amount equal to the reason of any other indebtedness or iiability at any time owing by lessor to
entire amount of all unpaid rental discounted at the rate of 6% per annum plus Lessee. AH rentals due shaH be payabie to the Assignee by Lessee whether or
the estimated vaiue of the VEHICLE at the end of the lEASE term, as not this LEASE is terminated by operation of law or otherwise, including
determined by the lessor, in adaifio-n to performing all other obligations of this without limitation, termination arising out of bankruptcy, reorganization or
LEASE. Upon such payment this LEASE shaH terminate and lessee thereupon similar proceedings involving Lessor. On receipt of notification of such
shaH become the owner of the VEHICLE. assignment, Lessee, subject to its rights hereunder. shall become the
11. INSURANCE. Lessee shall at its own expense keep the VEHICLE insured pledgehoider of the VEHICLE for and on behalf of the Assignee and will follow
for physical damage and shall maintain auto liability insurance and commercial pll of Assignee's written directions. Lessee on receiving notice of .any such
general liability insurance, aH on such forms and in such amounts as requested assignment shall make rentai payments as directed.
from time to time by Lessor, and shaH provide Lessor with acceptable 18. NON.WAIVER. Lessor's failure at any time to require strict performance
certification of insurance and upon request shall provide copies of required by lessee of any of the LEASE provisions shall not waive or diminish lessor's
policies to Lessor. All requested Insurance shall provide that insurance right thereafter to demand strict compiiance with the terms of this LEASE.
thereunder is primary with respect to any and all insurance that Lessor may I.essor's rights are cumulative and not alternative.
maintain on its own behalf and shall be endorsed to name lessor as an 19. SEVERABILITY. if any provision or any remedy be deemed invalid, the
additional insured. Physical damage insurance shall also name lessor as loss remaining provisions shall be given effect.
payee under the terms of lenders Loss Payable Endorsement. or equivalent 20. APPLICABLE LAW. This LEASE shali be deemed to have been made in
coverage acceptable to Lessor. The proceeds of such insurance shall be Onondaga County, New York, and shall be interpreted and the rights and
applied, at the option of lessor, as set forth in the Risk of Loss Section liabilities of the parties hereto 'determined in accordance with the laws of the
(paragraph 10). In the event the Lessor elects to apply insurance proceeds to State of New York.
items lost. damaged or destroyed, the Lessee's obligation for a portion of the 21. ENTIRE AGREEMENT. This document along with ali scheduies and
rent shall cease oniy with respect to the amount applied toward the items lost, exhibits are a single agreement. This Agreement constitutes the entire
damaged or destroyed in the amount of the insurance settlement received by agreement between the parties.
J-406{8J98} (37~7019)
TRAC LEASE
'"
~ [^
". .,"
-~~ ~ '''~''
CONTINUING INDIVIDUAL GUARANTY OF PAYMENT
ARK LLC ("LESSOR") exe uting and entering into a lease(s)
4., bv .
, hereinafter called the Lessee. The
undersigned (if more than one, then jointly and severally) hereby irrevocably, absolutely and
unconditionally guarantees payment to Telmark, its successors and assigns, when due, whether by
acceleration or otherwise, of the .Lease Agreement, together with all other obligations or liabilities due
and to become due to Lessor from Lessee, together with interest and all attorney's fees, costs and
expenses incurred by the Lessor in enforcing this CONTINUING INDIVIDUAL GUARANTY OF
PAYMENT.
In consideration of TEL
and/or other obIigation(s) with
The undersigned agrees that this Guaranty is and shall be an open and CONTINUING
INDIVIDUAL GUARANTY OF PAYMENT and all obligations and liabilities to which it applies or
may apply under terms hereof shan be conclusively presumed to have been created in reliance hereon
and shall continue in full force and effect, not withstanding any (a) change in rentals or other obligations
under Lease Agreement, (b) renewals, modifications, additions or extensions thereto or extensions of
time to perform any of the obligations thereunder; and guarantor waives notice of any such changes,
renewals, modifications, additions, extensions or of any default by the Lessee thereunder.
This is to be a CONTINUING INDIVIDUAL GUARANTY OF PAYMENT, and the
acceptance of any sum or sums on account of the acceptance of notes, drafts or any security from the
Lessee, shall in no way weaken or impair the validity of this CONTINUING INDIVIDUAL
GUARANTY OF PAYMENT, and in the event Lessee defaults on any payment Lessor shall have the
right to proceed against the undersigned at any time without any notice or demand for payment or any
notice of Lessee's default and without any proceeding against the Lessee.
This guaranty shall not be affected in any manner by any change in the form or status of the
Lessee, whether caused by death, by the admission of any new member or members or by the withdrawal
of any member or members or by any change from any cause whatsoever.
This guaranty shall remain in full force and effect until the undersigned shall have given notice
in writing to make no further advances and to cancel this CONTINUING INDIVIDUAL GUARANTY
OF PAYMENT.
This CONTINUING INDIVIDUAL GUARANTY OF PAYMENT shall bind the respective
heirs, executors, administrators, successors and assigns of the undersigned.
Date: The /'J/ dayof /C/dutUy,~
Signature -;z"
Legal Address Street Legt.:'ddress, j Streop 1/ 170/3
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City State Zip Code City State Zip Code
Signature Signature
Legal Address Street Legal Address Street
City State Zip Code City State Zip Code
J-275 (10/98) (37-7054) ORIGINAl- TELMARK LLC: CANARY - LESSEE
~"-" "
/ . ''"''" . TRAC LEASE
I TELMARK LLC (Lessor)
P.O: Box 4943. SYRACUSE, NEW YORK 13221-4943 PHONE 1-800-451-3322
LEASE No.: 19 3l?9_
ROY SALISBURY, JR
D/B/A ROl;\ 52 I; 5bur-~ J\-. T(-ve,l<<nQ
7802 WERTZVILLE ROAD ...J
LESSEE
ADDRESS
CARLISLE STATE PA ZIP 17013
CUMBERLAND
INDIVIDUAL
NAME OF PERSON TO CONTACT ROY SALISBURY. JR
SUPPLIER BRENNER CAR &TRUCK RENTALS INC
ADDRESS 1812-30 PAXTON STREET
HARRISBURG PA 17104
SALESPERSON JUDY CONRAD
CITY
COUNTY
VEt-Ih _E LOCATJON:_X_CHECK If ADDRESS JS
SAME I, S LESSEE OR INDICATE ADDRESS BELOW INCLUDING
C\TY,CI.Jl}NT'{ AND STATE.:
VEHICLE DESCRIPTION (THE "VEHICLE"):
1993 KENWORTH TRUCK TRACTOR
QUANTITY. MANUFACTURER.ITEM(S}. MODEL,~O.. SERIAL NO.. ANDIOR OTHER IDENTIFICATION
RENTAL AMOUNT PER PAYMENTS WILL BE MADE TERM OF LEASE NO. l(lF I.EASE PAYMENTS ADVANCE PAYMENT
PAYMENT PERIOD MO~THL Y U OTHER: (NO. MONTHS) REMAINING
$1.011.00 48 47 $0.00
PAYMENT SCHEDULE
EACH LEASE PAYMENT IS SUBJECT TO SALES TAX OR PERSONAL PROPERTY TAX AT PERCIENTAGES OR AMOUNTS AS MAY FROM TIME TO TIME
BE IN EEFECT. THE LESSEE IS RESPONSIBLE TO PROVIDE THE LESSOR AN EXEMPTION CEHTIFICATE AS REQUIRED BY LAW.
E~HIBIT ''78'' L YES _NO; OTHER EXHIBITS (LIST): Exhibit 1 & Exhibit 2
TERMS AND CONDITIONS OF LEASE
1. LEASE. Lessor leases to Lessee the VEHICLE described above.
Lessor, at the request of the. Lessee, has ordered the VEHICLE from the
supplier(s) in aocordance with specifications selected by the Lessee. All
replacement parts, additions, improvements and accessories incorporated in
or affixed to the VEHICLE become the property of Lessor.
2. TERM. The term of this LEASE shall commence on the date the
Acceptance Notice is executed. At the end of the LEASE term, the LEASE
terminates upon the payment of all specified renlals or other charges and the
fullillment of all other obligations. of this LEASE. This LEASE is irrevocable and
non-cancelable for the full term and shall be binding upon the Lessee, the
Lessee's heirs. successors, assigns and legal representatives.
3. RENT ALS. The non refundable advance renlal payment shall be due upon
the execution of the LEASE or at such other time as agreed to by Lessor and
applied to satisfy Lessee's obligations under the LEASE. Lessee shall pay the
remaining renlal payments as specified above. The rent due is absoiute and
unconditional
and is not subjed to any adjustment by Lessee of any kind or for any reason.
AIi payments shall be made to the office of Telmark LLC, PO Box 4943,
Syracuse. NY 13221 or as directed by Lessor. Lessee shall pay a late charge of
3% of any rental payment or $25, whichever is greater, when any payment is
made more th an ten days after the due date (subject to maximum limits
imposad by sta Ie law). Any security deposit may be applied to the payment of
late charges, eixpenses, alIDrney fees and any other payments or expenses
related to this LEASE, at Lessor's discretion, and any remaining balance
returned to the Lessee at the termination of this LEASE.
4. VEHICLE.. Lessee shall keep lIle VEHICLE at the location as described
above. Lessor will have the light of access to the VEHICLE for any lawful
purpose subject to Lessee's IighlB under this agreement Lessor may inspect
the VEHICLE duling reasonable business hours. Lessee agrees (a) not to aliow
the use of the VEHICLE by other than employees of Lessee and (b) not to rent
or sublet the VEHICLE or any part lIlereof to others for their own use without
the prior wIilten consent of the Lessor. Lessee shall comply with ali laws, 'rules
and regulations.
NOT/CETO LESSEE: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT DR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COpy OF
THE AGREEMENT YOU SIGNED. KEEP IT TO PROTECT YOUR'LEGAL RIGHTS.
LESSEE AGREES TO THE LEASE TERMS AND CONDITIONS OF THIS ENTIRE AGREEMENT ALONG WITH ALL SCHEDULES AND EXHiBITS BY SIGNING BELOW
THAT THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO SUPPLIER, AGENT, OR LESSEE MAY WAIVE OR MODiFY ANY TERM OF THIS
I.EASE AGREEMENT EXCEPT AS AGREED TO BY THE LESSOR IN WRITING BY AN AUTHORIZED OFFICER
IN WITNESS WHEREOF LESSEE HAS HEREBY EXECUTED THIS NON CANCELABLE LEASE DATED ;;L - ;;2, 5 - 0 0
IN THE EVENT THAT THIS LEASE IS EXECUTED BY A CORPORATE OFFICER, MANAGING PARTNER OF AN LLP OR MANAGER OF AN LLC, THAT PERSON
HEREBY CERTIFIES THAT HEISHE IS DULY AUTHORIZED TO EXECUTE SAME BY A RESOLUT/ON OF THE BOARD OF DIRECTORS OF THE CORPORATION
ANDIOR BY MEMBERS OF THE LLP OR LLC.
LESSEE REPRESENTS, SWEARS AND AFFIRMS THAT THE VEHICLE IS FOR COMMERCIAL OR BUSINESS USE
SIGNED BY X
TITLE
(INDICATE CORPORATE OFFICE/GENERAl PARTNERlPARTNERlLESSEElMANAGER)
SIGNED BY X
HOUSEHOLD USE,
SIGNED BY X
iiTlE .. .. .... TITLE
(INDJ,CAT!:_ CORPORAl!: OfFiCE/ul:NERAL t'AR I NE:RlP~RTNt:R/LES,Sl:.t:iMANAGEKl (INDICATE CORPORAfE O~FICE:{GENERAI,. PARINERlPARJNE:~E~~W~Rl
THIS AGREEMENT SHALL NOT'BECOME EFFECTIVE UNTIL ACCEPTED BY THE LESSOR,ITS AGENT OR ASSIGNEES IN ITS .COMPANY OFFICE IN THE STATE OF NEW YORK. THE
TRANSACTION HEREUNDER SHALL BE GOVERNED AND CONSTRUED BY THE LAWS OF THE STArE OF NEW YORK WHERE IT HAS BEEN ACCEPTED BY THE LESSOR
ACCEPTANCE: TELMARKLLC,LESSOR
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BY
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TITLE
DATE
1-406 (8/98)
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TERMS AIND CDNDITIDNS DF LEASE
5. ACCEPTANCE AND REPAIRS. Lessee shall inspect the VEHICLE
promptly upon receipt and shall conclusively be presumed to have accepted the
VEHICLE except for defects of which Lessor and the supplier are given written
notice upon delivery. The date of acceptance may be inserted in the
Acceptance Notice by Lessor. Lessee at its own cost and expense shall keep
the VEHICLE in good repair and condition and shall not use the VEHICLE beyond
its capacities. Lessee shall not, without Lessor's prior written consent, incur
any expense for Lessor's account. Lessor shall not be obligated to make any
repairs or replacements to the VEHICLE.
6. TITLE. The Lessor and Lessee agree that the VEHICLE is personal
property and that title shall remain in Lessor's name exclusively. Lessee shall
give Lessor immediate notice of any attachment or other judicial process, liens,
or encumbrances affecting the VEHICLE.
7. END DF TERM DPTIDNS. When the LEASE terminates, the Lessee's
optiDns are: (I) renew Hie lEASE at the lair fhilia) valuB 01 the VEHICLE fOT
such term as the parties agree or (ii) purchase the VEHICLE at fair market value
or (iii) return the VEHICLE. During any renewal period, all of the provisions of
this LEASE remain in effect except for the new term and rental. The Lessee
must provide Lessor with 6D days written notice prior to the end of the term
that the Lessee will renew the LEASE, purchase the VEHICLE or return the
VEHICLE.
Should Lessee not elect to renew or purchase, Lessee will return the
VEHICLE to Lessor for Lessor's sole and exclusive use, at the Lessee's expense,
in the same condition as when accepted. reasonable wear and tear excepted.
Lessee shall cooperate with Lessor in taking possession of the VEHICLE. Until
Lessee returns the VEHICLE, current rental shall continue.
8. WARRANTIES. LESSDR SHALL AUTHORIZE LESSEE TO ENFORCE IN
LESSEE'S NAME ALL WARRANTIES, AGREEMENTS. DR REPRESENTATIDNS,IF
ANY. WHICH MAY BE MADE BY THE SUPPLIER. LESSOR MAKES NO
EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER
WHATSDEVER, INCLUDING WITHOUT LIMITATION. THE CDNDITIDN OF
THE VEHICLE, ITS MERCHANTABILITY DR ITS FITNESS FOR ANY
PARTICULAR PURPOSE. OR ANY WARRANTIES AGAINST
INFRINGEMENT OR INTERFERENCE. NO DEFECT OR UNFITNESS OF THE
VEHICLE SHAH RELIEVE lESSEE OF THE OBLIGATION TO PAY RENT AS
PROVIDED IN THIS LEASE OR OF ANY OTHER OBLIGATION UNOER THIS
LEASE. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEDUENTIAL DAMAGES TO THE LESSEE OF ANY NATURE EITHER
CAUSED DIRECTLY OR INDIRECTLY OR FOR ANY DAMAGES DUE TO
SUPPLIER DELAY IN PROVIDING THE VEHICLE.
LESSEE HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO
SETOFF PAYMENTS OF RENT UNDER THIS LEASE FOR A CLAIM
ARISING FROM DEFECT OR UNFITNESS OF THE VEHICLE.
9. INDEMNITY. Lessee shall indemnify and save Lessor harmless from any
and all liability, including Lesso,'s attorney fees or expenses, arising in
connection with the VEHICLE including without limitations, its manufacture,
selection. purchase, delivery, possession, use, injury to Lessee's employees,
operation, maintenance, leasing and return including the acts of the Lessee in
failing to maintain the VEHICLE in good repair.
10. RISK OF LOSS. lessee hereby assumes and shall bear the entire risk of
loss, damage and destruction of VEHICLE from any cause whatsoever and no
loss, damage or destruction of VEHICLE shall relieve Lessee of the obligation to
pay rental or any other obligation of this LEASE. Lessee shall promptly notify
Lessor in writing of any such loss, damage or destruction of the VEHICLE. In
the event of damage of any kind whatever to any part of VEHICLE, Lessee shall
at Lessae's axpense placa the VEHICLE in good repair, condition and working
order. If the VEHICLE is determined by Lessor to be destroyed or damagad
beyond repair. Lessee shall immediately pay Lessor an amount equal to the
entire amount of all unpaid rental discounted at the rate of 6% per annum plus
the estimated valua of the VEHICLE at the and of the LEASE tarm, as
datarminad by tha Lessor. in addition to parforming all othar obligations of this
LEASE. Upon such paymantthis LEASE shall tarminate and Lassea thereupon
shall bacoma the ownar of tha VEHICLE.
11. INSURANCE. Lassaa shall at its own expansa kaep tha VEHICI.E insured
for physical damage and shall maintain auto liability insuranca and commarcial
general liability insurance, all on such forms and in such amounts as requested
from time to time by Lessor, and shall provida Lessor with acceptabla
cartification of insuranca and upon requast shall provide copias of raquirad
policias to Lessor. All requasted insuranca shall pro vida that insurance
theraunder is primary with raspact to any and all insuranca that Lass or may
maintain on its own behalf and shall ba endorsad to nama Lessor as an
additional insurad. Physical damaga insurance shall also name Lassor as loss
payae undar tha tarms of Landars Loss Payabla Endorsament, or equivalant
covarage accaptabla to Lassor. Tha procaeds of such insuranca shall be
applied. at the option of Lessor, as sat forth in tha Risk of Loss Section
(paragraph 101. In tha avent the Lessor alects to apply insuranca procaads to
itams lost. damagad or dastroyed, the Lessea's obligation for a portion of tha
rent shall cease only with res'pact to the amount applied toward tha itams lost,
damaged or dastroyad in tha amount of tha insuranca settlement recaivad by
J-406 cei9a) 137;,7019)
Lessor.
Lessaa shall, if so required by Lassor, obtain tarm lifa insurance upon
Lassee's life, in an amount raquirad by Lessor. Lassaa agraes to nama Lessor as
sola beneficiary and to assign ownarship of said policy to Lessor.
In the event of failure of Lessee to provide and maintain any and all
insurance required under this Section or to provide acceptable evidence thereof,
Lass or may but is not raquirad to obtain said insuranca and shall charge all
premiums tharafor to Las see as additional rent.
12. TAXES. All taxes, feas and other charges imposad on tha VEHICLE shall
be paid by the Lessee. If Lessor is required to pay taxes, fees and other
charges, Lass or will charga any payments to Lassae as additional rant.
13. DEFAULT. If Lessaa fails to pay any rant or othar amount due within tan
days; or if Lessea fails to observa, kaap or parform any provision of this lEASE;
or there is tha entry of a decree or ordar for raliaf, by any court having
jUlisdictiDfI, ill respect iO lassee, in any voluntary or involuntary case under the
Federal Bankruptcy Laws; or if Lessae, without Lessor's prior written consent,
shall attampt to ramove, sell, transfer, encumbar, sublet or part with
possession of the VEHICLE, or if Lessor deems itself insecure, such an event
will be deemed to ba a default of the LEASE and Lessor shall have the right to:
la) declare tha antire amount of all unpaid rantal, immediataly due and payable,
which is computed as the sum of any outstanding rentals due and unpaid, othar
unpaid chargas including all late chargas, attornay feas and othar axpanses,
plus tha pres ant value of the remaining rantals discounted on a monthly basis at
tha nominal rate of six (6) parcent per annum; and (b) take possassion of tha
VEHICLE. Lessee shall cooperate with lessor in taking possession of the
VEHICLE. Lassor will hava access to the VEHICLE alter taking possession for
any lawful purposa.
Upon taking possession of the VEHICLE, Lassor at its option may (iJ sail
the VEHICLE or any part thereof to the highest bidder at public auction or
private sala, or (iil engage in any lawful purpose including to re.lease. lessee
agrees that ten days written notice to Lessee of any public or privata sale
constitutes reasonable notica. Notice is deemed givan on date of mailing.
Lessaa heraby waives any and all damages occasioned by such taking of
possession. Any such taking of possession shall not constitute a termination of
this LEASE and shall not relieve Lessee of its LEASE obligations.
14. CROSS.DEFAULT. Any default by lessee under this LEASE will be
considered a dafault ulldar any othar agreements betwean the partias and any
default by Lessea under any other agreaments betwean the partias is a default
under this LEASE.
15. UCC. The Lessee haraby authorizes tha Lessor to fila all nacassary
financing statamants and to produce, obtain. or file notices of Ii,en or other
evidences of ownership or security intarest of the Lessor without Lessae's
signature and appoints Lassor as its ATTORNEY-IN,FACT for this purpose.
Lessae acknowladges and agrees that this LEASE constitutes a finance lease
within the meaning of the Uniform Commercial Code Article 2A.
16. FINANCIAL STATEMENTS. Lassae shall furnish current financial
statemants to Lassor if requastad. Lassae grants permission for Lass.r to
obtain credit raports of Lassee during the term of the LEASE.
17. ASSIGNMENTS" NEITHER THIS lEASE NOR LESSEE'S RIGHTS
HEREUNOER SHALL BE ASSIGNABLE IN WHOLE OR IN PART BY lESSEE
EXCEPT WITH LESSOR'S PRIOR WRITTEN CONSENT AND THE LEASE
PROVISIONS SHALL BINO ANY PERMITTED SUCCESSORS AND ASSIGNS OF
LESSEE. LESSOR SHALL HAVE THE RIGHT TO ASSIGN THIS LEASE OR ANY
PART THEREOF. If Lessor assigns the rentals or any of Lessor's othar rights,
the right of the Assignee to receive the rentals as well as any other rights of
tha Assigna. shall not be subject to any defense, setoff. counterclaim, or
recoupmant which may arisa out of any braach or obligation of Lassor or by
reason of any other indabtedness or liability at any time owing by Lessor to
Lassae. All rantals dua shall ba payabla to the Assignee by Lessae whether or
not this LEASE is terminatad by oparation of law or otherwise, including
without limitation, tarmination arising out of bankruptcy. reorganization or
similar proceadings involving Lessor. On recaipt of notification of such
assignment, Lessea, subjact to its rights heraundar. shall bacoma tha
pladgeholder of tha VEHICLE for and On bahalf of tha Assignaa and will follow
all of Assignaa's writtan diractions. Lessee on raceiving notice of any such
assignment shall make rental payments as directed.
18. NON.WAIVER. Lassor's failura at any time to require strict performanca
by Lessaa of any of the LEASE provisions shall not waive or diminish Lessor's
right tharealtar to damand strict compliance with the terms of this LEASE.
Lessor's rights ara cumulativa and not alternativa.
19. SEVERABILITY. If any provision or any ramady be daemad invalid. the
remaining provisions shall be given effect.
20. APPLICABLE LAW. This LEASE shall ba deamed to hava been made in
Onondaga County, Naw York, and shall be interpratad and tha rights and
liabilities of tha parties harato datermined in accordanca with tha laws of tha
State of New York.
21. ENTIRE, AGREEMENT. This document along with all schadules and
exhibits are a single agreament. This Agraement constitutes the entire
agreamant betwaan the partias.
TRAC LEASE
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CONTINUING INDIVIDUAL GUARANTY OF PAYMENT
In consideration of TELMARK LLC ("LESSOR") with its principal office located at 333 Butternut
Drive, DeWitt, NY 13214, e cuting and ent~rin into a lease{s) and/or other obligation{s) with
l
hereinafter called the Lessee, the igned (if more one, then jointly and severally) hereinafter ~efened to as
Guarantor, hereby irrevocably, absolutely and unconditionally guarantees payment to Lessor, its successors and
assigns, when due, whether by acceleration or otherwise, of the Lease Agreement, together with all other obligations
or liabilities due and to become due to Lessor from Lessee, together with interest and .all attorney's fees, costs and
expenses incurred by the Lessor in enforcing this CONTINUING INDIVIDUAL GUARANTY OF PAYMENT.
The Guarantor agrees that this Guaranty is and shall be an open and CONTINUING INDIVIDUAL
GUARANTY OF PAYMENT .and all obligations and liabilities to which it applies or may apply under tenus
hereof shall be conclusively presumed to have been created in reliance hereon and shall continue in full force and
effect, not withstanding any ( a) change in rentals or other obligations under the Lease Agreement, (b) renewals,
modifications, additions or extensions thereto or extensions of time to perform any of the obligations thereunder;
and Guarantor waives notice of any such changes, renewals, modifications, additions, extensions or of any default
by the Lessee thereunder.
This is to be a CONTINUING INDIVIDUAL GUARANTY OF PAYMENT, and the acceptance of any
sum or sums on account of the acceptance of notes, drafts or any security from the Lessee, shall in no way weaken
or impair the validity of this CONTINUING INDIVIDUAL GUARANTY OF PAYMENT, and in the event
Lessee defaults on any payment Lessor shall have the right to proceed against the Guarantor at any time without any
notice or demand for payment or any notice of Lessee 's default and without any proceeding against the Lessee.
Guarantor waives all claims of any nature whatsoever whether by way of defense, setoff or counterclaim
which the Guarantor may have or hereafter acquire. this guaranty shall not be affected in any manner by any
change in the form or status of the Lessee, whether caused by death or by any change from any cause whatsoever.
This shall be a Continuing Guaranty until such time as it is expressly revoked by the Guarantor by written
notice to the Lessor which revocation shall revoke solely any new obligations, Leases or liabilities of the Lessee.
This CONTINUING INDIVIDUAL GUARANTY OF PAYMENT shall bind the respective heirs,
executors, administrators, successors and assigns of the undersigued.
:zsth dayof
Date:
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Zip Code City State Zip Code
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Signature
Signature
Legal Address
Legal Address
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Street
City
Zip Code City
State
Zip Code
State
J.275 (11199) (37-7054)
OR;GlNAL . TELMARK LLC; CANARY. LESSEE
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IN .THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
f , _)
TELMARK LLC,
CML ACTION LAW
No.: 01-3250
Plaintiff,
vs.
ROY SALISBURY, JR.
CHRISTINE SALISBURY
Defendants.
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
AGAINST ROY SALISBURY, JR.
and CHRISTINE SALISBURY
Filed on behalf of Plaintiff,
TELMARK LLC
Counsel of Record for This Party:
P. Douglas Dodd, Esq.
PAId. #79480
ALl, PAPPAS & COX, P.C.
Attorneys for Plaintiff
500 Syracuse Building
224 Harrison Street
Syracuse, NY 13202
Telephone: 315-472-4481
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TELMARl\: LLC,
IN THE COURT OF
COMMON PLEAS
Plaintiff,
OF CUMBERLAND COUNTY,
PA
-vs-
ROY SALISBURY, JR.
CHRISTINE SALISBURY
CIVIL ACTION - LAW
No.: 01-3250
Defendants.
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
AGAINST ROY SALISBURY, JR. and CHRISTINE SALISBURY
TO: ROY SALISBURY, JR.
CHRISTINE SALISBURY
7802 Wertzville Road
Carlisle, PA 17013
DATE OF NOTICE:
'7/S0
,2001
IMPORTANT NOTICE
YOUR ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF SERVICE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Ave.
Carlisle, PA 17013
(800) 990-9108
Tel: (717) 249-3166
~n<SQ.
PAID #79480
ALl, PAPPAS & COX, P.C.
Attorneys for Plaintiff
500 Syracuse Building
224 Harrison Street
Syracuse, New York 13202
Telephone: 315-472-4481
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CERTIFICATE OF SERVICE
I, p, Douglas Dodd, Esq., hereby certify that a true and correct copy of the foregoing Notice of Praecipe
for Entry of Default Judgment was sent to the Cumberland County Prothonotary's Office on July 30, 2001 for
service on the following:
By Regular Mail:
ROY SALISBURY, JR.
CHRISTINE SALISBURY
7802 Wertzville Road
Carlisle, PA 17013
~c/
P. DOUGLAS DODD, ESQ.
PAID #79480
ALl, PAPPAS & COX, P.C.
Attorneys for Plaintiff
500 Syracuse Building
224 Harrison Street
Syracuse, New York 13202
Telephone: 315-472-4481
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03250 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TELMARK LLC
VS
SALISBURY ROY JR ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
SALISBURY ROY JR
the
DEFENDANT
, at 0016:18 HOURS, on the 5th day of June
, 2001
at 7802 WERTZVILLE ROAD
CARLISLE, PA 17013
by handing to
ROY SALISBURY, JR.
a true and attested copy of WRIT OF SUMMONS
together with
PRAECIPE, NOTICE & COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.36
.00
10.00
.00
32.36
So Answers:
r~~~t:~.,
R. Thomas Kline
Sworn and Subscribed to before
06/06/2001
ALl, PAPPAS & COX
By, L~
~ Deput eriff
me this :/.,'7"1/ day of
C).... ,;l&:J I A. D .
~a, ~')If~,
othonotary .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03250 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TELMARK LLC
VS
SALISBURY ROY JR ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
SALISBURY CHRISTINE
the
DEFENDANT
, at 0016:18 HOURS, on the 5th day of June
2001
at 7802 WERTZVILLE ROAD
CARLISLE, PA 17013
by handing to
CHRISTINE SALISBURY
a true and attested copy of WRIT OF SUMMONS
together with
PRAECIPE, NOTICE & COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
~~~~~~I
R. Thomas Kline
Sworn and Subscribed to before
me this :2 'l'(f:. day of
~ ckv f A.D.
~'- () 1Mj~. ;.u.a4
othonotary 7 I
06/06/2001
'1M, ''I'''"' , COX ~
/
BY:~~
Deputy neriff