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Home My WebLink About03-3360PENNSYLVANIA STATE BANK Doing Business: IN THE COURT OF COMMON PLEAS as PENNSYLVANIA STATE BANK LEASING Plaintiff N1NO'S BISTRO, 1NC. and CINDY FREET, as Personal Guarantor Defendants 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 Complaim filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and against Defendants as follows: Principal Amount Due .............................................. $ 536.49 Late Fees Due ..................................................... $ 18.96 Taxes Due ........................................................ $ 32.23 Processing Fee ..................................................... $ 1.00 Repair Fees ........................................................ $ 30.00 Attorney Collection Fees ........................................... $ 123.74 TOTAL .......................................................... $ 742.52 Judgment entered as above. Prothonotary ~J Robert D. Kodak, Esquire Attorney for Defendants Supreme Court I.D. No. 18041 PENNSYLVANIA STATE BANK Doing Business: IN THE COURT OF COMMON PLEAS as PENNSYLVANIA STATE BANK LEASING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NINO'S BISTRO, INC. and CINDY FREET, as Personal Guarantor Defendants : NO. 03 -- : 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. Plaintiff is PENNSYLVANIA STATE BANK, a financial institution duly organized and existing under the laws 0fthe Commonwealth of Pennsylvania, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, and is doing business as PENNSYLVANIA STATE BANK LEAS1-NG. 2. Defendant is NINO'S BISTRO, INC., a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1801 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant is CINDY FREET, an adult individual, whose last known residence was at 403 South Enola Drive, E~Jola, Cumberland County, Pennsylvania 17025. F:\USER\BONNIEJO\PSBXCONF/U DG\freet-nim~.wpd:09Jul03 COUNT 1 - PENNSYLVANIA STATE BANK d/b/a PENNSYLVANIA STATE BANK LEASING vs. NINO'S BISTRO, INC. Plaintiff incorporates Paragraphs 1 through 3 inclusive herein as if fully and at length set forth. 5. On or about August 21, 2001, Defendant, Nino's Bistro, Inc. (hereinafter "Defendant Nino's") by its agent, did enter into a non-cancelable Lease Agreement with Plaintiff. A true and correct copy of said Lease Agreement is attached hereto, marked as Exhibit "A" and made a part hereof. 6. The attached instrument has not been assigned. 7. Judgment has not been entered on the attached instrument in any jurisdiction. 8. Defendant Nino's is indebted to Plaintiff in the amount of Six Hundred Eighteen Dollars and Sixty- Eight Cents for the deficiency balance on the non-cancelable Lease Agreement for which no payment has been received when due and payable, all of which constitutes a default thereunder whereby Plaintiff exercises its option to declare the entire balance covered by the within instrument immediately due and payable. 9. In spite of Plaintiff's frequent demands, Defendant Nino's continues in default under the aforesaid obligations. 10. By virtue of the foregoing, Defendant Nino's is indebted to the Plaintiff as follows: F:\US ER\BONNIEJO\PSB\CONFJUDG/freet-nino.wpd:09Ju[03 Principal Amount Due .............................................. $ 536.49 Late Fees Due ..................................................... $ 18.96 Taxes Due ........................................................ $ 32.23 Processing Fee ..................................................... $ 1.00 Repair Fees ........................................................ $ 30.00 Attorney Collection Fees ........................................... $123.74 TOTAL .......................................................... $ 742.52 11. By reason of the Confession of Judgment attached hereto at Exhibit "A" and made a part hereof, said indebtedness to Plaintiff; by reference to the attached instrument, and by reason of Defendant Nino's default, Plaintiff is entitled to Judgment against the Defendant Nino's in the sum of Seven Hundred Forty-Two Dollars and Fifty-Two Cents ($742.52). WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Nino's Bistro, Inc., in the sum of Seven Hundred Forty-Two Dollars and Fifty-Two Cents ($742.52), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. 12. COUNT II - PENNSYLVANIA STATE BANK d/b/a PENNSYLVANIA STATE BANK LEASING vs. CINDY FREET as Personal Guarantor Plaintiff incorporates Paragraphs 1 through 11 inclusive as if fully and at length set forth herein. 13. In an effort to induce Plaintiffto enter into a non-cancelable Lease Agreement with a business known and operating as Nino's Bistro, Inc., on or about August 2 l, 2001, Defendant, Cindy Freet (hereinafter "Defendant Freer') did execute a Guaranty of Lease thereby guaranteeing payment in full of any default amounts by the said Nino's Bistro, Inc. F:\USER\BONN IEJO\PSB~CON FJUDG\freet-nino.wpd:09Jul03 14. Attached hereto at Exhibit "A" and made a part hereof is a true and correct copy of the original Guaranty of Lease duly executed by Defendant Freet. 15. The attached instrument has not been assigned. 16. Judgment has not been entered on the attached instrument in any jurisdiction. 17. The Defendant, Nino's Bistro, Inc., is indebted to Plaintiffin the amount of Six Hundred Eighteen Dollars and Sixty-Eight Cents ($618.68) for the deficiency balance due and owing to Plaintiff on the Lease Agreement for which no payment has been received when due and payable, all of which constitutes a default thereunder whereby Plaintiff exercises its option to declare the entire balance covered by the Personal Guaranty immediately due and payable. 18. In spite of Plaintiffs frequent demands, Defendant Freet continues in default under the aforesaid obligations. 19. By virtue of the foregoing, Defendant Freet is indebted to the Plaintiff as follows: Principal Amount Due .............................................. $ 536.49 Late Fees Due ..................................................... $ 18.96 Taxes Due ........................................................ $ 32.23 Processing Fee ..................................................... $ 1.00 Repair Fees ........................................................ $ 30.00 Attorney Collection Fees ........................................... $ 123.74 TOTAL .......................................................... _$.742.52 ':\USER\BONNIEJO\PSB\CONFJUDG\~i-eet-nino,wpd:O9Jt~I03 4 20. By reason of Defendant Freet's guarantee to Plaintiff in the full amount of the indebtedness to Plaintiff; all of which appears by reference to the attached instrument, and by reason of Defendant, Nino's Bistro, Inc.'s default, Plaintiff is entitled to Judgment against Defendant Freer in the sum of Seven Hundred Forty-Two Dollars and Fifty-Two Cents ($742.52). WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Nino's Bistro, Inc., and Defendant, Cindy Freet, in the sum of Seven Hundred Forty-Two Dollars and Fifty-Two Cents ($742.52), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, Robert D. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108~1848 (717) 238-7151 Fax: (717) 238-7158 Attorney I.D. No. 18041 F:\USER\BONN1EJO\PSB\CONFJUDG\~?eet-nino.wpd:09Jul03 ?17-796-3165 PA STATE BANK OPERAT ?2? P08 JUL 09 '05 16:09 VERIFICATION of PE~SYLVAN~ STA~ B~K d&/a P~SY~V~ STATE s~ment~ ~e in ~ ffo~go~g doest ~e ~ ~ cor~ct, I sabj=ct to t~ pe-~lt~s of 18 Pa. C. S. ~4904, relating to ~wora PENNSYLVAN~ STATE B~K d~ PENNSYLV~ ~TATE B~K L~G .... /o5 3030222 F :~USF.*~ONNIE~'O~P SI~\C ON F2~.~D {~i?ce~-nm o.wpd :O~J ul{}~ PENNSYLVANIA' STA:TE BANK LEASING 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 LEASE AGREEMENT (717) 731-7272 THIS LEASE CANNOr BE CANCELLED Lease No. 900720 LESSEE: Nino's Bistro, Inc. SCHEDULE DE RENTAL PAYMENTS STREET CITY, STATE, ZIP PHONE NUMBER CONTACT 1801 Market Street Camp Hill, ISA 1701l 717-612-9536 Cindy Freet INITIAL TERM OF LEASE (MONTHS) 24 Months TOTAL NUMBER OF RENTAL 24 PAYMENTS RENT $ 59.61 TAX 3.58 'rOT^L PAYMENT $ 63.19 PREPAID RENTALS # 2~ $63.19 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 126.38 SCHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) Valiant Laptop Computer 63701PT P3-700 106B EQUIPMENT LOCATION: 1801 Market Street Camp Hill Cumberland PA 17011 STREET CITY COUNTY STATE ZIP GUARANTY OF LEASE This Guaranty Agreement made and entered as of the date wriaen below by tile undersigned Guarantor(s) (hereitlafter 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 (hereinafter collectively "Lease") with the above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or othe~vise, in Lessee, and it is to tile henefit of Guarautor that Lessor enter into the Lease with Lessee, and Guarantor has read the proposed Lease n full and finds the terms of said Lease accep able, and in recogmt~on tha Lesso,' would be unw ng to enter nto the Lease without the Guaranty hereinafter set forth, and in recognition of Lessor's reliance 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 th~ 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 terms, or conditions requlred 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 the United States, all sums at any time due and unpaid uuder the Lease, plus costs of collection, including reasonably attorneys' fees with or without trial, and upon appeal and review. The obligations of Guaraotor hereuudcr are joint and several and are independen[ of the obligations of Lessee under tile 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 agtions, the liability of Guarantor hereunder being primary. Guarantor hereby waives the benefit of any suretyship defenses affecting its liability hereunder or the eoforcement hereof. Guarantor hereby waives any right to require Lessor to: (a) proceed against Lessee; (b) proceed agathst or exhaust any security held by Lessor; or (¢) pursue any other remedy in Lessor's power. Guarautor waives any defense arising by reason of any delEnse or' Lessee, or by reason of the cessation, from any cause whatsoever, of the liability of Lessee under the lease and hereby waives any right to trial by jury in any claim, action, proceeding or counterclaim by either lessor or guaran~r against each other on any matter arising out of or in any way connected with this guaranty, thc sale of the equipment or use of the gquipment. Guarantor waives any and all demands for pertbrmauce, notices of noupertbrmance or delhult, and notices of cancellation or forfeiture. Lessor may apply all proceeds received fi · · rom Lessee or others to such part of Lessee s ndebtedness as Lessor may deem appropr a e w thout consul ng Guaran or and w~th prejud ce to or in any way limiting or lessening the liability of Guarantor under this Guarauty. This Guaranty shall not be affected or discharged by thc death of the undersigncd, aud shall inure to the bcuefit of any successors or assigns of Lessor. This instrument constitutes the entire agreement between Lessor and Guarautor. No oral or written representation not contained herein shall in any way affect this Guaranty, which shall not be notified except by the parities in writing. Waiver by Lessor of any provision hereof iii one. thstance shall not constitute a waiver as to any other instance. Guarantor, baying specifically read and understood the Submission of I'ersoual Ju~isdictiou; Choice of Law, hereby agrees to be bound by its terms which are incorporated herein by reference. IMPORTANT: THIS AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU HAVE FULLY READ IT. BY SIGNING, YOU COMPLETELY AGREE TO 1TS TERMS. HOME ADDRESS HOME ADDRESS 403 S. Enoltt~E~rive CITY/STATE/ZIP CITY/STATE/ZIP Enola, PA 17025 Please attach copy of valid drivers license. Please attach, copy of valid driver's license. TERMS AND CONDITIONS PLEASE READ CAREFULLY BEFORE SIGNING APPLICABLE LAW; JUI>,ISDICTION AND VENUE Lessee hereby acknowledges that this Lease was entered into in the Commonwealth of Pennsylvania, County of Cumberland, and that the parties have agreed to the terms of this Lease with the understanding that any aclion or proceeding regarding this Lease or the Equipment shall be maintained in the state or federal courts in said state and county ami Lessee hereby submits to jurisdiction and venue, waiving any claim of improper .jurisdiction or venue or forum non convenience and agreeing to accept service al Lessce's place of business in any such action. This Agreement shall be interpreted, construed and enfomed in accordance with the laws of the Commonweallh of Pennsylvania, applied without giving effect to conflict-of-laws principles, except thai UCC Article 2A shah 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 IMPL1ED WARRANTY OF MEI/CHANTABIL/TY OR FITNESS FOR LESSEE'S PARTICULAR PURPOSE. I am authorized to sign this Lease on behalf of Lessee (or I am the sole proprietor doing business as the Lessee). I have read this Lease and discussed it with counsel to the extent I believe necessary and, on behalf of Lessee, I acknowledge that THIS LEASE CONTAINS THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND MAY NOT BE ALTERED EXCEPT IN A WRITING Agreed to by Lessee on _ 2[ ? Q~ / 2001 Please.attach a copy ora valid drivers license Iht lhe individual(s) signing documentation THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR LESSOR: PEN~~IA STATE BANK LEASING PENNSYLVANIA STATE BANK LEASING 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 LEASE AGREEMENT (717) 731-7272 'Ires LElY, SE CANNOI' lie CANCELLED Lease No. 900720 LESSEE: Nino's Bislro, Inc. SCHEDULE OE RENTAL PAYMENTS STREET 180 [ Market Street INITIAL TERM OF LEASE {MONTIIS) 24 Months 'l O'l AL NUMI3ER OF RENTAL 24 CITY, STATE, ZIP Camp Hill, PA 1701 I RENT $ 59.6 I q^x 3.58 PHONE NUMBER 717-612-9536 IOqAL I'AYMEN F $63.19 # 2~ $63[9 SCI1EDULE OF EQUIPMENT LEASED (Quantity, Fyi,c, Make. Model Number. Serial Numl,c0 Valiant Laptop Computer 63701PF 1'3-700 I O6B EQUIPMENT LOCATION: GUArG'kNTY OF [,EASE IIOME ADDRESS HOME ADDle. ESS 403 Si Enofa~lrive CITY/STATE/ZIP CFI'Y/STATE/ZIp Enola, PA 17025 Please al[ach copy of valid drivers license. Please altach~ copy of valid driver's license. TERMS ~,NI) CONDITIONS PLEASE READ'CAREFU'LLY REFORE SIGNING PARTICULAR PURPOSE. II am authorized to sign Ibis Lease on behalf of Lessee (or I am the sole proprietor doing business as tile Lessee). [ have read this Agreed to by Lessee on k 0 / 2001 TItlS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR STATE BANK LEASING PENNSYLVANIA STAiFE BANK LEASING 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 LEASE AGREEMENT (717) 731-7272 Tills LE/t-SI'; CANNO F lie CANCELLED Lease No. 900720 LESSEE: Nino's Bis(ro, Inc. SCHEDULE OF RENTAL PAYMENTS PIIONE NUMBER 717-612-9536 IOI'AL PAYMENr $63.19 SCIIEDULE OF EQUII'MENT LEASED (Qua,,lily, '~ ypc, Make, Model Number, ScriaI Numbcr) Valiant Laptop Computer 63701PF P3-700 I06B IEQUIPMENT LOCAq ION: GUARANTY OF LEASE I'PdNT INAME ' I'RINT NAME C)~1}:¢~ \~.fl ' J-.J'4'~.~ ItOME ADDRESS tlOME ADDP, ESS 403 S. Eno~]Drive CII-Y/STATE/ZIP CII'Y/STATE/ZIP Enola, PA 17025 Please atlach copy of valid drivers license. Please attach, copy of valid driver's license. TERMS AND CONDITIONS PLEASE READ'CAREFIlf,LY I~EFORE SIGNING PARTICULAR PURPOSE. I am atlthorized to sign this Lease on behalf or- Lessee (or [ anl tile sote ~roprietor doing business as tile Lessee). I have read this I Tills AGREEMENT IS NOT IIlNIIING UNTIL ACCEPTED BY LESSOR l,~css(~: I'ENN~NIA STATE BANK LEASING PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUOGkIENT$) P.R.C.P. 3101 to 3149 PENNSYLVANIA STATE BANK Doing Business As PENNSYLVANIA STATE BANK LEASING :Plafnti?f VS NINO'S BISTRQ, INC and CINDY FREET, as Personal Guarantor 403 S. ENOLA DRIVE ENOLA, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLANO COUNTY, PENNSYLVANIA Writ No Term 20 No. 05-3560 CIVIL TERM Term 2003_3__._ Amount due $ 742 52 InterestEROM DATE OF JUDG (07/Izl/03) Atty' s Camm, $.37.i2 and CostsTO BE DETERMINED$ TO THE PROTHONOT~RY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABO~E MATTER, {1) Directed to ~he Sheriff of C~!.~D County, Pennsylvania; against NINO'S BISTRO, INC. and CINDY FREET, as Personal Guarantor Defendant and against Garnishee and index this writ (a) against NINO'S BISTRO, INC. and CINDY FREET, as Personal Guarantor Defendant(s) and {b) against Garnishee(s), as a lis pendens against the real property of the defendantls) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate iSvy) LEVY UPON~J~ PERSONAL PROPERTY OF ABOVE~LISTED DEFENDANT, CINDy F~ET AT 403 BOUTM ENOLADRIV~, ENOLA, CUMBERLAND COUNTY, pENNSYLVANIA A~DNINO'S BISTRO, INC. AT 1801~A%RKET STP~ET, CAM~ HILL, CUMBERLAND COUNTY, PENNSYLVANIA. (5) Exemption has {not) been waived. ~ Robert D, Eodak, Esquire i PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 07/22/03 Attorney For Plaintiff(s/ NOTE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA STATE BANK DOING BUSINESS AS PENNSYLVANIA STATE BANK LEASING, Plaintiff (s) From NINO'S BISTOR, INC AND CINDY FREET AS PERSONAL GUARANTOR, 403 S. ENOLA DRIVE, ENOLA, PA 1702S (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, CINDY FREET AT 403 SOUTH ENOLA DRIVE, ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA AND NINO'S BISTRO AT 1801 MARKET STREET, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. (2) You are also dkected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi'om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If properly of the defandant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $742.52 Interest FROM DATE OF JUDG (7/14/03) Atty's Comm % $37.12 Atty Paid $37.00 Plaintiff Paid Date: JULY 23, 2003 (SeaD REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 L.L. $.S0 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy PENNSYLVANIA STATE BANK Doing Business As PENNSYLVANIA STATE BANK LEASING Plaintiff : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania : NO. 03-3360 NINO'S BISTRO, INC. And CINDY FREET, Personal Guarantor Defendant(s) : CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO CUMBERLAND County Prothonotary Dated: September 17, 2003 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is tetra'ned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 14.85 Advertising' Law Library .50 Prothonotary 1.00 Mileage 21.75 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee TOTAL $ 136.10 Pd by Defendant Sworn and Subscribed to before me this //, t~day of 2003 ^.D. ~N6T~Y R, Thomas Kline, Sheriff By, Claudia A. Brewb~ker ' DISTRIBUTION ATTORNEY Robert Kodak WRIT NO. 200]-3360 Civil Pennsylvania State Bank, d/b/a Pennsylvania State Bank Leasing VS Nino's Bistro, Inc and Cindy Freet as Personal Guarantor Real Debt $ 742.52 Interest 4.55 Attorney's Comm. 37.12 Writ Costs, Atty 37.00 Writ Costs, Pltff.. Miscellaneous Attorneys Fees Sheriff's Costs: Docketing $ 18.00 Poundage 14.85 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 21.75 Misc. Bad Check Charge Advertising Postpone Sale Surcharge 40.00 Garnishee L~vy 40.00 TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary 821.19 150.00 1.50 $ 821.19 $ 136.10 $ 957.29 150.00 $ 1107.29 R. Thomas Kline, gheriff