Loading...
HomeMy WebLinkAbout07-3431LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 V. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0? ' 3?{.3 Ctu 1.?? Plaintiff, VILLAGECRAFT CONTRACT FURNISHINGS, LP 1446 Holly Pike Carlisle, PA 17013 JERRY M. TROLINGER, JR. 2551 Spring Road Carlisle, PA 17013 Defendants. 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 a 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 important to you." 365079-1 "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Sete advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABODAGO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 365079-1 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 Plaintiff, V. VILLAGECRAFT CONTRACT FURNISHINGS, LP 1446 Holly Pike Carlisle, PA 17013 JERRY M. TROLINGER, JR. 2551 Spring Road Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ZL'7ie-j''1 NO. 67 3'?3 I 1. tc? COMPLAINT Plaintiff, Puget Sound Leasing Co., Inc., by and through its undersigned attorneys, Lamm Rubenstone Lesavoy Butz & David LLC, brings this action against the above-named Defendants, Villagecraft Contract Furnishings, LP and Jerry M. Trolinger, Jr., and in support thereof avers as follows: 365079-1 1. Plaintiff, Puget Sound Leasing Co., Inc. ("Puget"), is a corporation organized and existing under the laws of State of Washington with a place of business located at 5150 Village Park Dr., SE, Bellevue, WA 98006. 2. Defendant, Villagecraft Contract Furnishings, LP ("Villagecraft") is, upon information and belief, a Limited Partnership whose last known address to Puget is 1446 Holly Pike, Carlisle, PA 17013. 3. Defendant, Jerry M. Trolinger, Jr., ("Trolinger") is, upon information and belief, an adult individual and General Partner of Villagecraft, whose last known address to Puget is 2551 Spring Road, Carlisle, PA 17013 4. On or about October 12, 2006, Villagecraft and Puget entered into a certain Equipment Lease ("Lease"), which provided for the lease and hire of certain items of equipment as more particularly described therein ("Equipment"). A true and correct copy of the Lease is attached hereto, incorporated herein, and marked as Exhibit "A." 5. The Lease requires Villagecraft to, inter alia, pay a security deposit of $2,450.76, a documentation fee of $340.00 and sixty (60) consecutive monthly payments of $1,225.38 each commencing November 15, 2006 and on the 15th day of each month thereafter, until the entire obligation of the Lease is paid in full. 6. On or about October 3, 2006, Trolinger made, executed and delivered to Puget an Unconditional Guaranty of Lease ("Guaranty") wherein he guaranteed to Puget, and any assignee of Puget, the prompt payment of all rent to be paid by Villagecraft and the performance by Villagecraft of all terms, conditions, covenants and agreements of Villagecraft, irrespective of any invalidity or unenforceability thereof for the security therefore. A true and correct copy of the Guaranty is attached hereto, incorporated herein and marked as Exhibit "B." 365079-1 herein. COUNT I - BREACH OF CONTRACT PUGET V. VILLAGECRAFT AND TROLINGER 7. Puget incorporates by reference Paragraphs 1 through 6 as though fully set forth 8. Villagecraft breached the terms and conditions of the Lease and Trolinger breached the terms and conditions of the Guaranty, and became in default thereof, by reason of their failure to make the monthly payments due under the Lease for March 15, 2007, and all subsequent monthly payments thereafter. 9. As a result of the aforementioned defaults, Puget exercised its right to declare the entire balance of the unpaid lease payments immediately due and payable. 10. Despite demand for payment, Villagecraft and Trolinger have failed and refused to pay Puget the accelerated balance due, or any portion thereof, in accordance with the terms and provisions of the Lease and Guaranty. 11. In accordance with the terms and conditions of the Lease and Guaranty, Villagecraft and Trolinger are obligated and liable to Puget for the following: Lease Payments $66,170.52 Personal Property Tax 1,010.00 Late Charges 367.62 Collection Fees 20.00 Total $67,568.14 12. In accordance with the terms and conditions of the Lease and Guaranty, Villagecraft and Trolinger are liable to Puget for reasonable attorney's fees, costs and expenses presently in the amount of $2,000.00. WHEREFORE, Plaintiff, Puget Sound Leasing Co., Inc. demands judgment in its favor and against Defendants, Villagecraft Contract Furnishings, LP and Jerry M. Trolinger, Jr. in the 365079-1 amount of $69,568.14, plus additional attorneys' fees as they accrue, costs of suit, interest, and such other relief as the Court deems just and proper. COUNT II - REPLEVIN PUGET V. VILLAGECRAFT AND TROLINGER 13. Puget incorporates by reference Paragraphs 1 through 12 as though fully set forth herein. 14. Pursuant to the terms and conditions of the Lease and the Uniform Commercial Code as enacted in Pennsylvania and by virtue of the default of Villagecraft, Puget is entitled to immediate possession of the Equipment consisting of: Hyster Forklift E-65-XM-40 (Serial No. 112467) Hyster Forklift E-65-XM-40 (Serial No. 117105) Appliance attachment Marble and granite attachment. 15. Villagecraft and/or Trolinger remain in possession of the Equipment to the exclusion of Puget. 16. The estimated value of the Equipment is less than the amount due and owing to Puget. 17. Although demand has been made, Villagecraft and/or Trolinger has failed, refused and neglected to deliver possession of the Equipment to Puget. WHEREFORE, Plaintiff, Puget Sound Leasing Co., Inc. demands Judgment in its favor and against Defendants, Villagecraft Contract Furnishings, LP and Jerry M. Trolinger, Jr. for possession of the Equipment, or its equivalent value, plus additional attorney's fees, costs, expenses, interest and such other relief as this Court deems just and proper. 365079-1 VERIFICATION Patrick K. Burke, Collections Manager of Puget Sound Leasing Co., Inc., being duly sworn according to law, verifies that he is a duly authorized representative of Plaintiff, Puget Sound Leasing Co., Inc., and that he is authorized to make this Verification on behalf of Plaintiff; that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that he understands that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A. §4904 related to unsworn falsifications to authorities. PUGET SOUND LEASING CO., INC. By: Patrick K. Burke, Collections Manager 365079-1 -4A • • cnl1I*UFMT LEASE Inc i C d L LEASE NO. . ng o., eas Puget Soun 1 PO Box 1295 1,60611-3-R9ft Issaquah, WA 98027 FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) Villogeeraft Contract Fumishings, LP National Auto Centro, Inc. 4801 South Eagle Valley Rd., Julian, PA 16844 1446 Holy Pike Carlisle PA 17013 EQUIPMENT DESCRIPTION See Exhibit A LOCATION OF EQUIPMENT G,u fiA /6pgy County: Cumberland TERMS OF LEASE AMOUNT OF EACH PAYMEM PAYMENTS WILL BE MADE INITIAL TERM OF LEASE RENTAL ESTOMTED SALES TAX TOTAL MONTHS NO.OF PAYMENTS PAYNI NTS $1,225.38 $0.00 $1,225.38 Monthly Go 60 SECURRY DEPOSIT DOCUMEN'?ATIOWOTHER FEES ADVANCE PAYMENT T0T INITIAL PAYMENT MONTHLY P YMENT DATE $2,45o.T6 340.00 jC aMOnrm Interne Restate Interim Rental will be billed and calculated as follows: (Monthly Rental Payment 130 days x -rourac ? non rnnmlTTnNC 01P T.TAXI Number of Days Between Acceptance Date and First Payment Due Date)-Total Interim Renal 1. LEASE. lessee hereby leases from Laver, and Lessor leases to Lessor, the personal property descdbcd above, together with any rcpiaoenent pans, additions, re*rs or aeceaories now or keraiw ineotporsted in or affixed to it (haanafler referred to as 'Equipment"). I. SELECTION OF EQUIPMENT. (A) Lesser has selected both (1) the Equipment, and (2) the supplier (rote whom I esmr is to purchase the Equipment. t- acknowledge thin Losor has not participawd in anyway in Lessees selection of the Equipment or of the supplier. (B) lesser agrees to inspect the Equipment and to execute an Acceptance notice, as provided by lessor, after Equipment has been received and alter the lessee is satisfied that the Equipment is satisfactory ni every respect. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. 3, tetKt aehaewledges and warrants by his wiczature below as follows: (a) He undeatands that LESSOR MAKES NO WARRANTIES EITHER EXPRESSED OR IMPLIED AS TO THE CONDITION OF THE EQUIPMENT, ITS MERCHANTIBILd1Y, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS. (b) He has fully inspected the Equipment which he has requested Lessor to acquire and lease to him, and it is in good condition and to L.essee's complete satisfaction; (c) He lanes the Equipment 'as is' and with ali faults; (d) The Equipment is leased solely for commercial or business purposes. (c) if Equipment is rat property installed, does r.4 operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence. Lasoes only randy, if at-y, shall be against the supplier or manufacturer of the Equipment and not against Lessor. (fl Lessor assigns to leases any warramie made by the supplier or the manufacturer of the Equipment. NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHi.4OBLIGATION UNDER THIS LEASE. THE PARTIES HAVE SPECIFLCALL .' NEGOTIATED AND AGREED TO THE FOREGOING PARAGRAPH. 4. COMMENCEMENT AND TEP-MINATION. The lase tam shall commerce upon Lessee's acceptance of the Equipment. The lease term shall terminate upon expiration of the number of months (folk .wing the date of acceptance) ad forth in 'Terms" above. S. RENTAL PAYMENTS. Lessor agree to pay the total rent equal to the "Amount of Each Payment' multiplied by the number of payments specified in "No. of Payments.' Payments will be made in advance and periodically as specified in "Tams" above Payments shall be made by Lessee at Lessor's address sec forth herein, or as otherwise directed by Lessor. Lessee shall not orb: tc, so off, deduct any amount or induce any payment for any reason without prior written consent of lessor. The first payment shall be due on the date of acceptance by Lessee, and remaining payments are due on the day indicated under'Monthiy Payment Date" above and shall be due on the same day of each succeeding month throughout the teen of the lase. THIS LEASE IS NONCANCELABLE. SEE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THE LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER THE SUPPLIER NOR ANY SALESMAN OR AGENT OF THE SUPPLIER S AN AGENT OF LESSOR, NO SALESMAN OR AGEK OF THE SUPPLIER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRES ATION TO THE EQUIPIv.F..NT OR ANY OTHER MATTER BY THE SUPPLIER OR ANY SALESMAN OR AGENT OF THE SUPPLIER SHALL IN ANY LE EDUTY 10 PAY THE RENTALS AND TO PERFORM LESSEES OBLIGATION AS SET FORTH IN THIS LEASE. VI[la . aft Contract Fu ishings P LESSOR: *Wft**?? LESSEE: Tide By X Dale. / Jury M TmUW Geamt a c, By. X _ CONTINUED ON FOLLOWING PAGES Villagecraft Contract Furnishings, LP Lease #: 4898H091"it 1446 Holly Pike Carlisle, PA 17013 6. INTERIM RENTAL. (.epee acknowledges and agrees to pay Interim Renal which b calculated by dividing the monthly payment by 30 days which equals a daily tale. The daily rate is multiplied by the number of days between the lease acceptance date and the first lease payment due date 7. SECURITY. As security for the prompt and full payment of rem, and the faithful will timely performance of all provisions of this Lease, and any extension or renewal thereof. Lassos has pledged and deposited with Lessor the security amount set forth in the section shown u TERMS'. In the event any default shall be made in the performance of any of Lessecs obligations under this Lease, Lessor shall have the right, but shall not be obligated to apply said security to the curing of such default. Upon notice the Lessor has applied any portion of the security to the curing of any default Len= shall, within ter! (10) days, restom said security to the full amount set forth above. On the expiratie. or earlier lamination of this Lease, or any extension or renewal heroof, provided Lmuu has paid all of the rent herein called for and fully performed all of the odor provisions of this Loan, Iassor will town to Lessee any then remaining balance of sa(d security. Lessor shall not he required to keep the security deposit separate from its general finds and Lases shall not be entitled to any interest thereon. 8. LIMITED PRE-ARRANGED AMENDMENTS. In the event it is necessary to arrie d the terms of this I== to reflect a change in one or more of the following conditions: (1) Lassoes actual cost of procuring the Equipment; or (2) Lassoes actual cost of providing Equipment to lessee; or (3) A change in lease payments as a result of(!) and/or (2) above; or (4) Description of the leased Equipment. Lessee agree that any such amendment shall be described in a letter from Lessor 101 came, will unless lessee objects thado in a writing delivered to Lessor within frfieen (IS) days of (nailing of such Idler from Lase to Lessee, this Lease shall be deemed amended and such amendments shall be incorporated herein as it originally ere forth herein. Funber, Itsaee hereby authorizes I esaor to insert in this Lax the serial number and other identification of the Equipment when determined by L.tsscr. % LOCATION. The equipment shall be kept at the location specified above or, if rune is specified, at Lesseds address asset forth above, and shall not be rdnoved therefrom without Lessors prior written consent. 10. USE. Lessee warrants that it is wing the equipment for commercial use only. L.essac shall use the equipment in a careful manner, make all necessary repairs at Lessee's expense, and shall comply with all laws relating to its possession, use or maintenance and shall mot male any alterations, addition or improvements to the oquipnett without Lessors prior written consent. All additions, repairs or improvements made to the equipment shall belong to the Lessor. 11.OWNERSHIP; PERSONALTY. The Equipment is and shall tcruain, the property of Lester, and Laos= shall have no right, title or interest therein or thereto except as expressly ad forth in this Lease. The Equipment shall rennin personal property even though installed in or attached to real property. 12. SURRENDER By this Lcasc, Lcsscc acquires no ownership rights in the Equipment, and has no option to purchase sang. Upon the expiration or earlier lamination of this Lease, Laser, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from prgm use thereof alone excepted, by delivering it. packed and ready for shipment, to such place or carrier as Lasser may stecify t3. LOSS AND DAMAGE. I== shall bear the entire risk of loss, then damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or comply with any other obligation under this Lease In the event of damage to any item of Equipment, hAMM shall immediately place the sine in good repair at Lassoes expense. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Laasa shall, at Lassoe's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to L emor, or (b) Pay Lcor in cash the following: (i) all amounts due by I== to Lessor CONTINUED ON FOLLOWING PAGE under this here up to the date of the lass; ((() the unpaid balance of the told rem for the remaining term of this Lase attributable to said item, reduced to prawn value Upon L ernes receipt of payment as act forth above, leas shall be entitled to the salvage value of the Equipment, if any; and (iii) an amount equal to era pecan if (10X) of On original cot of said item, which the parties agree shall represent a liquidated value of the Lassoes reversionary imotst in the Equipmau. If insurance proceeds are used to comply with this subparagraph. the balance of any such pocesds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the Lease. 14. INSURANCE: LIENS: TAXES. Laasee shall provide and maintain insurance against loss, theft, damage at destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Laser. Lasmmalso shall provide and maintain comprehensive general all-risk liability inarmce to include but not limited to product liability coverage, insuring Lessor and Lessee, with a seversbility of interest endorsement or its equivalent, against any and all less or liability for all damages, either to persons or property or mhcrwisc, which might result from or happen in connection with the condition, use or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to lessor and its assigns Shull not be invalidated by any act, omission or neglect of L esece and canna be canceled without thirty (30) days written notice to Lessor. As to each policy, Lessee shall furnish to Lessor a certificate of insuraree from the insures. which certificate shall evidence the insurance coverage required by this paragraph. I shall keep the Equipment five and clear of all icvics. liens and Encumbrartcet l ears shall pay all charges and tests (local, state and federal), including Personal Property Tax and service fns associated with same, which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase possession or use of the Equipment, excluding however, all taxes on or measured by lessors Net income If Lessee fails to procure or maintain said insurance as required by this Icaac. Lessor shall have the right, but shall not be obligated, to socurc insurance on the Equipment in such form and amount as Lessor deans reasonable to protect Lassoes interaL Lessee understands that, if Lessor xcun8 insurance on the Equipment the insurance may not llama Lessee as an Insured and may not fully protect Lesseds interest. Lass agrees that. if lessor secures insurance on the Equipment, Lessee will pay an insurance charge that maybe substantially higher than the premium that Lessee would pay if Lessee placed said insurance independently. Lessee aaLees Sat. in addltlon to the premiums. the Insurance charge Lessee Is mauired to well Inclode ¦n Interest charge. administrative and anKesslar asy Lime feet whkh will ratra t to oroRt to 1AH9. r - - 15. INDEMNITY. Lessee shall indemnify L.esso against any claims, actions, damages or liabilities, including all attorney fees, arising out of or connected with the Equipment, without limitation. Lessee waives any immunity Lassie may have under any industrial insurance act, with regard to indemnification of Lessor. IC ASSIGNMENT. Without Lassoes prior written consent, Lessee shall not assign this Lase or sublesse the Equipment covered hereby. or pledge or otherwise dispose of this lase or the Equipment covered hereby, or any interest therein. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor undo Lease. Lass shall recognize and consent to any assignment of this Lease by Lessor, and shalt not asset against the assignee any defense, txwnterclaim of se-o(T dart Lassa may have against Lessor. Subject to the foregoing, this Lease inures to the benefits of and is binding upon the heirs, hXatees, devisees, personal representatives, survivors, successors in interest and assigns of the parties herao. 17. SERVICE CHARGES AND INTEREST. If Lassa shall fail to make any payment required by this I== within ten (10) days of the due dale thereof, Lessee shall pay to Lessor a service charge often percent (10%) of the amount due or $10.00 whichever is grater, provided however, that not more than one such service charge shall be made on any delinquent payment, mgndlcss of the length of the delinquency. in addition, L easoc shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long distance telephone charges and travel expanses. Further, Lessee shall pay to Lessor interest on any such delinquent payment from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or eighteen percent (18%) per annum. Initial Here: /?a6.?--3aaa ? Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 It. TIME OF ESSENCE. Time is of the asmce of this Lease, and this provision shall tint be impliedly waived by the acceptance on occasion of late or defective performance. 19. DEFAULT. Losee shall be in default If (1) Loeser shall fail to make any payment due under the tams of this [rase for a period of ten (10) days from the doe thereof; or (2) Lessee shall fail to observe, keep or perform any provision of this leave, and such faikme shall continue for a period often (10) days; or (3) Leaner has made any misleading or false statements in connection with application for or performance of this Lease; or (4) The Equipment or any pan thereof shall be subject to any levy seiwre, assignment, transfer, aicumbrutce, application, attachment, execution, sublease or sale without prior written consent of lessor, or if lessee shall abandon the property or permit any other ardity or person to use the Equipment without the prior written consent of ass. 20. REMEDIES. If Lessor is in default, Lessor, with or without notice to Lessor, shall have the right to exercise anyone nr more of the following- ies, concurrently or separately. and without any election of remedies being deemed to have boa made (a) Lamm may enter upon Lesseeds premises and without any court order or other process of law, rosy repossess and remove the Equipment, either with or without notice to Lessor I== hereby waives any trespass or right of action for damages by reason of such entry or temoval. Any such repossession shall not constitute a termination of this lase unless Lessor so notifies Lessee in writing; (b) Lessor may tenninste this Lease and retain as damages any and all rents paid by Lance; (c) laver may see for and recover erg rents and other payments then accrued or thereafter accruing as same shall accrue with respect to any or all items of Equipment; (d) Lessor may declare the entire amount of rent hereunder immediately due and payable as to any or all Items of Equipment without notice or demand to Lessee; (c) Lessor may tale the Equipment to any thud party, upon such tams and conditions as Lessor shall determine. or may sell the Equipment at private or public site, at which ale Lessor maybe the purchase. In eitherof such events, there Shall be due from Iesen and shall immediately pay to Lessor the total unpaid renal provided to be paid herein less the net proceeds of the sale or re- lase, not proceeds being defned as follows; (1) The total of renab to be received from any third proton or the purchase price at said sale as the case may be, leas all costs and txpensa of Lessor in repossessing, re-Irving, transporting, repairing, selling or otherwise handling the Equipment, and if Lessor sells the Equipment less an amount equal to ten percent (10•br) of the original can of Said Equipment, which the parties agree shall represent a liquidated value of the Lessors reversionary interest in the Equipment. (f) To pursue any other ra. y ovafiable at law or inequity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, of by tau of by equity provided or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or othawise, and may be enforced concurrently therewith or from time to timer. No single or partial exercise by Lessor of any right or remedy hereunder shalt preclude any other or further exercise of any other right or remedy. Luca is also entitled to such remedies as set forth in article 2A of the uniform commercial code. I.ease #:a4 21. MULTIPLE LESSEES. Lessor may, with the consent of anyone of the Lesson hereunder, modify, extend or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving or impairing any right granted to Lessor against the others. ZL JURISDICTION/VENUE. This lase shall not be fully executed and effective until signed by Lessor at its principal place of-business in Issaquah, King County, Washington, and shall be interpreted in accordance with the laws of the State of Washington. Lessor agrees and consents to judisdiction in far district or superior courts in Lvagnah, wWor King County, Washington. Lessee ages that venue may be laid in Issaquah, and/or King County, WatbingtoA in the use of any action, suit or proceeding arising out of this lame, and concedes that in, and each of them, transacted business in said sate by snaring into this knee. Z3. EXPENSE OF ENFORCEMENT. If enforcer ent or collection action is talcm by Lessor to enforce any tam of this Lease, the prevailing party in any such action shall be entitled to a reasonable attorney fee, including allamey fan incurred at trial, on appeal and review, or incurred without actions, suits, or proceedings, together with alt costs and expenses incurred in pursuit thereof, 24. REPRESENTATIONS OF LESSEE. Le ssec hereby represents and warrants to Lessor and its successors and assigns that (a) If Lessm is a corporation, (i) Laser has all requisite power and authority to execute this Lash: and to perform its obligations hereunder, (ii) the execution of this Lease and the performance of Lessees obligations hereunder have been duly authorized by all requisite action of the Lessee and (iii) this lease has been properly executed by a duly authorized representative of the Lescee, (b) ibis Lease is a valid and binding obligation of the Lessee and (e) the Equipment will be used for business or commercial purposes and not for pereo aL family or boosehold purposes. If Lessor supplies lesser with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels and keep than in a prominent place on the Equipment. 25. SPECIAL POWER OF ATTORNEY, Lessor is hereby authorized by Lessee, at Lessee's expense, to cause this leave, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code Financing Satemirns, to be filed or recorded and mrsi d and re-recorded and grants to lessor the right to execute Lessees name thereto. lessee agrees to execeae and deliver any statement or instrument requested by Lessor for such purpose and agrees to pay or reimburse Lessor its reasonable cxpaua for any searches, filings, recordings or stamp foes or taxes arising from the filing or recording of airy Such instrument or salmwr. HONCM. Ire filing of a fuaacing suuanrnt shall be deemed evidence of any intention to crave a senrily interest under the Uniform Commerical Code. if being the intention of the parties hereto that this Irate be construed as a lease and not as a security agrearient. 26. FINANCIAL STATEMENT. The Lessor may require from time to time, and Leum agrees to furnish, statements setting forth the current financial condition and operations of lessee. 27. ENTIRE AGREEMENT: WAIVER This instrument constitutes the entire agreement between Lessor and Lessee. Except as provided in Paragraph 8 hereof, no provision of this Lase shall be modified unless in writing signed by an authorized mpract ative of lessor. Waiver by lessor of any provision bereof in one instance shall not constitute a waiver as to any other instance. it is further agreed that the rights and remedies of the parties are governed by this Agreement and Lessee waives any and all rights and remedies granted by Sections 2A•508 through 2A-522 of the Uniform Commercial Code. Initial Here: • Puget Sound Leasing Co., Inc. PO Box 1295 Issaquah, WA 98027 11 S Quantity Description Serial Number s 1 Appliance Attachment - -, . _ .. .... .. . . ..._-- ---- __-- ... Marble a Granite Attachment ------ ---------- - -- - 1 Hyster Fork Lift E-65-XM40 O?GOG 112467 Hyster Fork Lift. E-65-XM-40 / 49?? 117105 This exhibit "A" is attached to and made a part of the equipment lease and constitutes a true and accurate description of the equipment. Lessee: Viillagecraft Contract Furnishings, LP 1 t f By: n' . Je}iy M. Troting ' Title: General Partner Date: rv - 3 -0 (o Equipment Description: Forklifts • Puget Sound Leasing Co., Inc. PO Box 1295 Issaquah, WA 98027 • Lease #:AS9 LESSEE'S ACCEPTANCE OF PROPERTY We hereby acknowledge that on the date indicated below the equipment described in the Equipment Lease referred to above has been received in good condition and repair, has been properly installed, and is operating satisfactorily. We hereby accept said equipment as satisfactory in all respects for the purpose of said Lease. We will make all payments to Lessor or their order. We agree that any rights we may have against the supplier or manufacturer of said equipment will not be asserted as an abatement, set-off, counterclaim, defense or any deduction whatsoever against Lessor. We confirm that Puget Sound Leasing Co., Inc. has made no warranty or representation, express or implied, of merchantability, fitness for a particular purpose, design, condition, workmanship or otherwise of the equipment, and accept said equipment as is, where is. By signature below I authorize Puget Sound Leasing Co., Inc. to make payment to the supplier of the equipment described in the above referenced Equipment Lease. Lessee agrees that said equipment has not been delivered to the undersigned, installed, or accepted on trial basis. Date of tance: BY: X ury M. BY: X signature Lessee: Villagecraft Contract Furnishings, LP General Partner Tick Tide / k:b1 ?,& -Z'? 161)6A4 Lease 0: - 6808D41294 Puget Sound Leasing Co., Inc. PO Box 1295 Issaquah, WA 98027 UNCONDITIONAL GUARANTY OF LEASE In consideration of the making of the above lease agreement by lessor with lessee, at the request of the undersigned and in reliance on this guaranty, the undersigned (if more than one, then jointly and severally) as a direct and primary obligation, guarantees to lessor and any assignee of lessor (hereinafter called "holder") the prompt payment of all rent to be paid by the lessee and the performance by the lessee of all terms, conditions, covenants and agreements of lessee, irrespective of any invalidity or unenforceabifity thereof or the security therefore. The undersigned promises to pay all of the holder's expenses, including attomeys' fees and costs incurred by or in enforcing this guaranty. The undersigned waive notice of acceptance hereof, presentment, demand, protest, notice of protest or any defaults and consents that the holder may, without affecting the obligation hereunder, grant the lessee any extension or indulgence under the lease, and may proceed directly against the undersigned without first proceeding against lessee or liquidating or otherwise disposing of any security afforded holder under the lease. Accounts settled or stated between holder and lessee shall bind the undersigned. This guaranty agreement shall be governed by and constructed in accordance with the laws of the State of Washington. Guarantors hereby consent and submit to the jurisdiction of the respective courts of Issaquah, and/or King County, State of Washington for purposes of enforcement of the guaranty agreement. Any married person who signs this guaranty agrees that recourse may be had against his or her separate property for all his or her obligations hereunder and against community property as allowed by the community property laws of the State of Washington. This guaranty shall bind the respective heirs, adminstrators, representatives, successors and assigns of the undersigned. Dated at This day of a?0/L . ?GOIo ?? ?4 _-., X , Individually X , Individually Jer M. TroUn X , Individually X , Individually V ^ T T ( ? i l 1 ? ?j SHERIFF'S RETURN - REGULAR CXSE NO: 2007-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VILLAGECRAFT CONTRACT FURNISHINGS LP the DEFENDANT , at 0910:00 HOURS, on the 14th day of June 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 JERRY TROLINGER, OWNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/14/2007 LAMM RUBENSTONE L VOY BUTZ By: Aeputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROLINGER JERRY M JR the DEFENDANT , at 0910:00 HOURS, on the 14th day of June 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 by handing to JERRY TROLINGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 01 C?, ? 16.00 Sworn and Subscibed to before me this of R. Thomas Kline 06/14/2007 LAMM RUBENSTONE S OY BUTZ By: So Answers: // Deputy Sheri A.D. i' day LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. PRAECIPE FOR DEFAULT JUDGMENT AGAINST DEFENDANTS Please enter a judgment by default in favor of Plaintiff, Puget Sound Leasing Co., Inc. ("Puget") and against Defendants, Villagecraft Contract Furnishings, LP and Jerry M. Trolinger, Jr. ("Defendants") Defendants were served with the Complaint and Notice to Defend on June 14, 2007. Defendants' Answers were due to be filed on July 5, 2007, and to date they have not filed any responsive pleading to the Complaint. True and correct copies of the Affidavits of Service are attached hereto collectively as Exhibit "A." I certify that Puget's written Notices of Intention to File Praecipe for Entry of Default Judgment were mailed by First Class Mail, postage prepaid, addressed to Defendants at their last known address on July 16, 2007, which is at least ten (10) days prior to the filing of this Praecipe. True and correct copies of said Notices of Intention to File Praecipe for Entry of Default Judgment are attached hereto collectively as Exhibit "B." 368555-1 Please enter Judgment in favor of Plaintiff, Puget Sound Leasing Co., Inc., and against Defendants, Villagecraft Contract Furnishings, LP and Jerry M. Trolinger, Jr., for imm6diate possession of the Equipment consisting of. Hyster Forklift E-65-XM-40 (Serial No. 117105), Appliance attachment, and Marble and granite attachment, or their equivalent value, pursuant to Counts II and III of the Complaint and assess damages pursuant to Count I of the Complaint in the amount of $69,568.14, plus additional attorneys' fees, costs and interest as follows: Lease Payments $ 66,170.52 Personal Property Tax 1,010.00 Late Charges 367.62 Collection Fees 20.00 Attorneys' Fees and Costs 2,000.00 Total $69,568.14 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Respectfully submitted, LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Jennif ies, quire r Plain i 368555-1 0 f%%3 k Ea o * M33 00 w cn =< LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-3431 VILLAGECRAFT CONTRACT : FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS I, Jennifer M. Davies Esquire, of full age, being duly sworn according to law, upon my oath, depose and say ;that I am the attorney for Plaintiff, that I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, information and belief, the last known addresses of the above named Defendants are: Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 Jerry M. Trolinger, Jr. c/o Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 LAMM RUBENSTONE LESAVOY BUTZ & VID LLC . By: Je . Da v' squire A orneys o Plaintiff Sworn to and Subscribed before me ti ;th 7day of 007. Public COMMONyye OF ENE NN LYNNE M. S ARKMAN, SEAL Notary Public 368555-1 M Bensalem TWp•, Bucks County My Commission Expires July 14, 2010 ?? ?.? ?> -< ?:. ?? -; C e`.> c? ca r" ?? w ? O s? ?? ?_ ?? t1i LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC 5150 Village Park Drive, SE Bellevue, WA 98006 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. AFFIDAVIT OF NON-MILITARY SERVICE I, Jennifer M. Davies, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say that I am the attorney for Plaintiff, that I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, information and belief, the above named individual Defendant, Jerry M. Trolinger, Jr., is not in the military service of the United States, or any state or territory thereof or its allies, as defined in the Soldiers and Sailors Relief Act of 1940, as amended. LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC Sworn to and Subscribed before me thi day o 2007. o Public COMMONWEALTH OF PENNSYLVANIA By: Je s, squire or tiff NOTARIAL SEAL LYNNE M. STARKMAN, Notary Public Bensalem Twp., Bucks County M Commission Expires July 14, 2010 368555-1 c? CJ7 -? Ex A Si 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the VILLAGECRAFT CONTRACT FURNISHINGS LP was served upon DEFENDANT at 0910:00 HOURS, on the 14th day of June , 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 JERRY TROLINGER, OWNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscibed to before me this day of - , So Answers: R. Thomas Kline 06/14/2007 LAMM RUBENSTONE L VOY BUTZ By: eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROLINGER JERRY M JR the DEFENDANT , at 0910:00 HOURS, on the 14th day of June , 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 JERRY TROLINGER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: 6` R. Thomas Kline 06/14/2007 LAMM RUBENSTONE ASAiYOY BUTZ By: Deputy S A. D. LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants To: Jerry M. Trolinger, Jr. Date: July 16, 2007 c/o Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 NOTICE - RULE 237.1 IMPORTANT NOTICE YOU 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 (10) DAYS FROM THE DATE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVI DE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: . Jenni a , quue Alfo";m Plai 367755-1 )E7x A B (-I LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. NO. 2007-3431 To: Villagecraft Contract Furnishings, LP Date: July 16, 2007 1446 Holly Pike Carlisle, PA 17013 NOTICE - RULE 237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITI$ THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVI DE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 LAMM RUBENSTO SAVOY BUTZ & DAVID LLC By: , q uire Jenni :Am 367755-1 .It U.S. POSTAL SERVICE CERTIFICATE OF MUM& MAY BL-QOSED FORWMESTIC AND INTERNATIONAL MAIL, DOES OT PROVIDE FOR I RANCE-POSTMASTER Race From: ?.r a place of ordinary maLaddres std to: 1L 16 Y ao oioy fl) 4 05 v Oa vi ? m PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF M MAY 8E USED Flat DOMESTIC AND INTERNATIONAL MAIL, DOES OT .r PROVIDE FOR INSURANCE-POSTMASTER L A 1 6 R From: u3 0 Dzn- a One "ece of ordinary mail addressed ° 00 f C, --4 3 co '.! co °iu-1y el 4( !?P m o O r -? n y 01 rn PS Form 3817, January 2001 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC 5150 Village Park Drive, SE Bellevue, WA 98006 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. To: Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING AS INDICATED BELOW. PROTHONOTARY X Judgment by Default X Money Judgment Judgment in Replevin X Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY JENNIFER M. DAVIES, ESQUIRE AT THE FOLLOWING TELEPHONE NUMBER: (215) 638-9330. o?c 30, 9007 f s? G - A`3 328822-1 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. 5150 Village Park Drive, SE Bellevue, WA 98006 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants. To: Jerry M. Trolinger, Jr. c/o Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, PA 17013 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING AS INDICATED BELOW. PROTHONOTARY X Judgment by Default X Money Judgment Judgment in Replevin X Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY JENNIFER M. DAVIES, ESQUIRE AT THE FOLLOWING TELEPHONE NUMBER: (215) 638-9330. JUt 4 30, a007 8OUX31ti R. d?u W 368555-1 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT PRAECIPE FOR FURNISHINGS, LP and WRIT OF EXECUTION JERRY M. TROLINGER, JR. Defendants and CITIZENS BANK Garnishee. TO THE PROTHONOTARY: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County (2) Against Villagecraft Contract Furnishings, LP and Jerry M. Trolin eg r, Jr., Defendants; and (3) Against Citizens Bank, Garnishee (4) and index this writ (a) against Villagecraft Contract Furnishings, LP and Jerry M. Trolin er, Jr., Defendants and (b) against Citizens Bank, Garnishee 61j5 V . fa---T& , Carlisle. Pa 17013 GARNISH: Any and all deposits, securities, checking savings, money market, and/or other accounts of any kind or sort in the name of or with retard to Defendants located at Citizens Bank. LEVY: Upon any and all business and personal assets of anv kind or sort, includine but not limited to CASH, automobiles, tools, equipment, furniture, inventory, office equipment, telephones, computers, radio/stereo equipment, tables, chairs, bedroom furniture, televisions, desks, electronic equipment, VCRs/DVDs, or any other business and personal property of any kind or sort located at 1446 Holly Pike, Carlisle, Pennsylvania 17013, to include, but not be limited to, one Hester Forklift E-65-XM-40 (Serial No. 117105). Appliance attachment, and Marble and granite attachment. 369070-1 (5) Amount due Interest from July 30, 2007 Costs to be added $ 69,568.14 $ LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Jenn' a 'es, squire orneys for Plaintiff 369070-1 ?t) ?.? trj o o p° 000 f ' Fr, -19 o o Q o 00 Cz 78 00 O D ?.? 'r' S t11 0 ?y F l"I 14 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PUGET SOUND LEASING CO., INC. Plaintiff (s) From VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR., 1446 HOLLY PIKE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all business and personal assets of any kind or sort, including but not limited to CASH, automobiles, tools, equipment, furniture, inventory, office equipment, telephones, computers, radio/stereo equipment, tables, chairs, bedroom furniture, televisions, desks, electronic equipment, VCRs/DVDs, or any other business and personal property of any kind or sort located at 1446 Holly Pike, Carlisle, PA 17013, to include, but not be limited to, one Hyster Forklift E-65-XM- 40 (Serial No. 117105), Appliance attachment, and Marble and granite attachment. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CITIZENS BANK, 665 North East Street, Carlisle, PA 17013 Any and all deposits, securities, checking, savings, money market, and/or other accounts of any kind or sort in the name of or with regard to Defendants located at Citizens Bank. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(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$69,568.14 Interest L.L. $.50 Atty's Comm % Atty Paid $184.30 Plaintiff Paid Date: 8/08/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs C is R. Long, Prothonota By: Deputy Name JENNIFER M. DAVIES, ESQUIRE ' Address: LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-638-9330 Supreme Court ID No. 80988 *" I. ` ..,* LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants and CITIZENS BANK Garnishee. PRAECIPE TO DISSOLVE GARNISHMENT AGAINST GARNISHEE, CITIZENS BANK TO THE PROTHNOTARY: Please mark the Garnishment filed on August 8, 2007, against Garnishee, Citizens Bank, DISSOLVED with regard to the above-captioned matter. Respectfully Submitted, LAMM RUBENSTONE LESAVOY BUTZ & AVID LLC By: . L quire P nifer s, Esquire Attorneys for Plaintiff Dated: August 31, 2007 347125-1 } fk a `* LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff PUGET SOUND LEASING CO., INC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants and CITIZENS BANK Garnishee. CERTIFICATE OF SERVICE I, Monique D. Denton, Paralegal to Lamm Rubenstone Lesavoy Butz & David LLC, do hereby certify that I caused a true and correct copy of the Praecipe to Dissolve Garnishment Against Garnishee, Citizens Bank, to be served this date by first-class mail, postage prepaid, as follows: Toni Zaradich Operations Services 525 William Penn Place Suite 153-2618 Pittsburgh, PA 15219 (Garnishee Bank) LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: hib28? Monique D. Denton Date: August 31, 2007 Paralegal to Sherry D. Lowe, Esquire 347125-1 : .,?- , ? +? (, ? _ ? ? ? ? ` ? o ?? N . ? '? a <? SHERIFF'S RETURN - GARNISHEE Oft CASE NO: 2007-03431 P t COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT VILLAGECRAFT CONTRACT FURNISHINGS LP hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KAREN DEITZ (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge . in the true and made So answers:.. .00 ?a .?? .00 .00 R. Thomas Kline .00 u? Sheriff of Cumberland County .00 .00 08/13/2 Sworn and Subscribed to before me this day of By A.D SHERIFF'S RETURN - GARNISHEE w CASE NO: 2007-03431 P V COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT TROLINGER JERRY M JR hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the KAREN DEITZ (CUSTOMER SERVICE REP) , personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made Soa?ns .00 ?'iII1+M? t .00 .00 R. Thomas Kline .0001 Sheriff of Cumberland County .00 .00 08/13/2007 day of By Dep y Sheriff A.D V . 1i SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-03431 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , VILLAGECRAFT CONTRACT FURNISHINGS LP hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KAREN DEITZ (CUSTOMER SERVICE REP) , personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 An , in the true and made So answers: R. Thomas Kline Sheriff of Cumberland County . 0 0 ??/?f/ -7 ?- 08/13/2007 Sworn and Subscribed to before me this day of A.D By Deputy Sheriff ,_ '% SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-03431 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , TROLINGER JERRY M JR in the hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KAREN DEITZ (CUSTOMER SERVICE REP) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So ans s Docketing .00 Service .00 100? Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 08/13/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE r" CASE NO: 2007-03431 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , VILLAGECRAFT CONTRACT FURNISHINGS LP hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KAREN DEITZ (CSR personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: So: Q Docketing .00 Service Affidavit Surcharge Sworn and Subscribed to before me this .00 .00 .00 , in the true and made R. Thomas Kline Sheriff of Cumberland County 00 09/20/2007 day of A.D By /i-I&C1 S-11 rtt -% SHERIFF'S RETURN - GARNISHEE V, CASE NO: 2007-03431 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PUGET SOUND LEASING CO INC VS VILLAGECRAFT CONTRACT ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:25 Hours, on the 13th day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , TROLINGER JERRY M JR hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KAREN DEITZ (CSR) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: s: Docketing .00 Service .00 9 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 ? Q??161 . a- 00 09/20/2007 Sworn and Subscribed to before me this day of By ,?/ADepu Sheriff` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PUGET SOUND LEASING CO., INC. Plaintiff, V. NO. 2007-3431 VILLAGECRAFT CONTRACT PRAECIPE FOR FURNISHINGS, LP and WRIT OF POSSESSION JERRY M. TROLINGER, JR. (Money/Replevin Judgment) Defendants TO THE PROTHONOTARY PLEASE ISSUE WRIT OF POSSESSION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County (2) Against VillagLecraft Contract Furnishings, LP , Defendant and (3) Against Jerry M. Trolinger, Jr. , Defendant and (4) Index this writ in the judgment index (a) against Villag_ecraft Contract Furnishings, LP , Defendant and (b) against Jerry M. Trolinger, Jr. , Defendant. (5) Amount due $NSER - Interest from date of Judgment 7/30/2007 $ Costs to be added $ 375103-1 f •,0 (6) And direct the Sheriff to deliver possession of the following described property to Plaintiff: One Hyster Forklift E-65-XM-40 (Serial No. 117105), Appliance attachment, and Marble and granite attachment. One Hyster Forklift E-65-XM-40 (Serial No. 112467), Appliance attachment, and Marble and granite attachment. LAMM RUBENSTONE LLC a By: Sh D. o , Esquire i avies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile Attorneys for Plaintiff 375103-1 r Iri t V a w ?i a -y? in 0 w 1 ..• ?`' .. .?.a. N .? Oh 4 0 ?p? O c??C C ?co d 1 r r-ll Q N O a r , M r ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PUGET SOUND LEASING CO., INC. V. Plaintiff, NO. 2007-3431 VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Defendants To the Sheriff of Cumberland County WRIT OF POSSESSION (Money/Replevin Judgment) (1) To satisfy the Judgment for Possession against Villagecraft Contract Furnishings, LP and Jerry M. Trolin ear, Jr., Defendants, you are directed to deliver possession of the following described property to Plaintiff. One Hyster Forklift E-65-XM-40 (Serial No. 117105), Appliance attachment, and Marble and granite attachment. One Hyster Forklift E-65-XM-40 (Serial No. 112467), Appliance attachment, and Marble and granite attachment. (2) To satisfy the Judgment for Money, Interest and Costs, against Villa ecraft Contract Furnishings, LP and Jerry M. Trolin er, Jr., Defendants, you are directed to levy upon any personal property of both Defendants and sell their interest therein, as follows: 375103-1 ? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-3431 PUGET SOUND LEASING CO., INC. Plaintiff, V. VILLAGECRAFT CONTRACT FURNISHINGS, LP Defendant, AND JERRY M. TROLINGER, JR. Defendant. WRIT OF POSSESSION (MONEY/REPLEVIN JUDGMENT) LAMM RUBENSTONE LLC By: e D vies, Esquire 0 Hori n oulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 ADDRESSES FOR SERVICE: Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, Pennsylvania 17013 Jerry M. Trolinger, Jr. c/o Villagecraft Contract Furnishings, LP 1446 Holly Pike Carlisle, Pennsylvania 17013 375103-1 J ? EXHIBIT "A" Quantity Description Serial Number(s) 1 Appliance Attachment 1 Marble b Granite Attachment 1 Hyster Fork Lift E-65-XM-40 ?(?06 112467 1 Hyster Fork Uft E-65-XM-40 117105 This exhibit "A" is attached to and made a part of the equipment lease and constitutes a true and accurate description of the equipment. Lessee: Villagecraft Contract Farnisbings, LP By: n -? Je?-y M. Troling ` Title: General Partner Date: /a " 3 -0 (o E Puget Sound L.easmg Co., Inc. PO Box 1295 Issaquah, WA 98027 0 Equipment Description: Forklift 1of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PUGET SOUND LEASING CO., INC. VS. No. 07-3431 Civil Term VILLAGECRAFT CONTRACT FURNISHINGS, LP AND JERRY M. TROLINGER, JR. 1446 HOLLY PIKE CARLISLE, PA 17013 Costs Attorney's $ 229.80 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) PUGET SOUND LEASING CO., INC. being: (Premises as follows): ONE HYSTER FORKLIFT E-65-XM-40 (SERIAL NO. 117105), APPLIANCE ATTACHMENT, AND MARBLE AND GRANITE ATTACHMENT --- ONE HYSTER FORKLIFT E-65-XM-40 (SERIAL NO. 112467), APPLIANCE ATTACHMENT, AND MARBLE AND GRANITE ATTACHMENT (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. u is R. Long, Prothonotary, .? Common Pleas Court of Cumberlan ounty, PA Date DECEMBER 4. 2007 2of2 No 07-3431 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PUGET SOUND LEASING CO., INC. VS. VILLGECRAFT CONTRACT FURNISHINGS, LP AND JERRY M. TROLINGER, JR. 1446 HOLLY PIKE CARLISLE, PA 17013 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 229.80 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JENNIFER M. DAVIES, ESQUIRE LAMM RUBENSTONE LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 215-638-9330 I.D. # 80988 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , So Answers, Sheriff By Prothonotary Deputy LAMM RUBENSTONE LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330; (215) 638-2867 - Facsimile PUGET SOUND LEASING CO., INC. Plaintiff, V. VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-3431 AMENDED PRAECIPE FOR WRIT OF EXECUTION Defendants TO THE PROTHONOTARY: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County (2) Against Villagecraft Contract Furnishings LP and Jerry M Trolin eg r Jr., Defendants; and (3) Against _, Garnishee (4) and index this writ (a) against Villagecraft Contract Furnishings LP and Jerry M Trolinger Jr., Defendants and (b) against _, Garnishee GARNISH: Any and all deposits securities checking savings money market and/or other accounts of any kind or sort in the name of or with regard to Defendants located at LEVY: Upon any and all business and personal assets of any kind or sort, including but not limited to CASH, automobiles tools equipment furniture inventory, office equipment telephones, computers radio/stereo equipment, tables chairs bedroom furniture televisions desks, electronic equipment VCRs/DVDs or any other business and personal property of any kind or sort located at 1446 Holly Pike, Carlisle, Pennsylvania 17013 375856-1 (5) Amount due $ 69,568.14 Interest from July 30, 2007 $ Costs to be added $ LAMM RUBENSTONE LLC By: ?JenniWsa ire 375856-1 C'? c C. ._. ?? t >?_ ??? ?--- a_.? t,-? -rt ?? t.__, ._,? ?, r,'_> -". y? ?,?a ????; .?: 10 , . WRIT OF EXECUTION and/or ATTACHMENT f'ul'l @ nke' cL COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PUGET SOUND LEASING CO., INC. Plaintiff (s) From VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR., 1446 HOLLY PIKE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all business and personal assets of any kind or sort, including but not limited to CASH, automobiles, tools, equipment, furniture, inventory, office equipment, telephones, computers, radio/stereo equipment, tables, chairs, bedroom furniture, televisions, desks, electronic equipment, VCRs/DVDs, or any other business and personal property of any kind or sort located at 1446 Holly Pike, Carlisle, PA 17013, (2) You are also directed 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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(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$69,568.14 Interest Atty's Comm % Atty Paid $18430 Plaintiff Paid Date: 8/08/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs & ./a, ,J.-. 'D C"'- s R. Long, Prothono By: Deputy REQUESTING PARTY: Name JENNIFER M. DAVIES, ESQUIRE . ,? .?. ,? ?? 4? Address: LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-638-9330 Supreme Court ID No. 80988 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 400.00 Sheriff's Costs: 121.49 Docketing 18.00 278.51 Poundage 2.39 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 02/20/08 Mileage 9.60 Surcharge 40.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage TOTAL $ 121.49 io"Answers; ,,. R. Thomas Kline, Sheri ff o y Claudia A. rewbaker "- b/o " X053.13 a 3 WRIT OF EXECUTION and/or ATTACHMENT Arn e.nkec - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PUGET SOUND LEASING CO., INC. Plaintiff (s) From VILLAGECRAFT CONTRACT FURNISHINGS, LP and JERRY M. TROLINGER, JR., 1446 HOLLY PIKE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all business and personal assets of any kind or sort, including but not limited to CASH, automobiles, tools, equipment, furniture, inventory, office equipment, telephones, computers, radio/stereo equipment, tables, chairs, bedroom furniture, televisions, desks, electronic equipment, VCRs/DVDs, or any other business and personal property of any kind or sort located at 1446 Holly Pike, Carlisle, PA 17013, (2) You are also directed 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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(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$69,568.14 Interest Atty's Comm % Atty Paid $184.30 Plaintiff Paid Date: 8/08/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Cirtis R. Long, Prothonot By: ??O- CA --D I Deputy REQUESTING PARTY: Name JENNIFER M. DAVIES, ESQUIRE IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) CER 7n OM THE RECORD this,L,a? day of , 2069 Clerk, kr t6 tcv C PUGET SOUND LEASING, CO., INC., P - Respondent eputy e ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Puget Sound Leasing, Co., Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-3431 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled By the Court, Robert N. OP94 Bankruptcy Judge c«? Vas d? is et an catty s fined and filed on the sama dote. Dated: August 15, 2008 Case 1:08-bk-01425-RNO Doc 43 Filed 08/15/08 Entered 08115/08 07:46:10 Desc Main Document Page 1 of 1 ;' .F ?- o ? ? ?? --. ? ? ?, ? ?- ,..- v v ?.r, '? ? Q ?„' ? e-? ?? ?, =?. ?t