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Home My WebLink About07-4239Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff i v. No. 2007 - ~a3~ BINK PARTNERSHIP, Defendant NOTICE 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 Plaintiffs. You may lose money or property or other rights important to you. 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: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F: \F1LES\ 12156\ 12156.3. com/mah Created: l l/OS/01 09.49:53 AM Revised: 07/06/07 10:08:54 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING 1N THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2007 - y-~ 3 ~ ~=~ T~ BINK PARTNERSHIP, Defendant COMPLAINT AND NOW, comes the Plaintiff, Madden Engineering Services, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Madden Engineering Services, Inc., is a Pennsylvania corporation with a registered address at 10 Irvine Row, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Bink Partnership, is a business with an address of 133 South 32"d Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff is in the business of providing services, mainly engineering, to certain businesses and individuals. 4. Plaintiff has provided services to Defendant at Lot 11, Lower Allen Township, Cumberland County, Pennsylvania, designated as the Westport Project. 5. Plaintiff has provided services to Defendant for a total value of $14,679.50. True and correct copies of Plaintiff's invoices are attached hereto as Exhibit "A." 6. Defendant has failed to pay for such services and therefore are liable to Plaintiff for the amounts owed plus interest and costs. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I -BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $14,679.50, plus interest at the rate of 18% per annum, attorney's fees and costs. COUNT II -QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendants are liable to the Plaintiff and/or has been unjustly enriched in the amount of $14,679.50. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $14,679.50, plus interest at 18% per annum, attorney's fees and costs. MARTSON LAW OFFICES By s /~~____._ Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ~_ ~~ ~ ~ 7 Attorneys for Plaintiff EXHIBIT "A" 06-29-2007 08:23 MADDEN ENGINEERING 717-567-3686 ' Madded Engineering Services, Inc. 24 North Fourth Street Newport, PA 17074 Bill To ~i Bink Pazmerxhip 13~ S. 32nd Strect Camp Hilt, PA I7011 PAGE2 Invoice Date Irnoice # ~nonooa oa.aa2 PAS-r auE REMIT IMMEDIATELY WITH INTEREST ADDED 06-29-2007 08:24 MADDEN ENGINEERING 717-567-3686 Madden Engineering Services, Inc. 24 North fourth Street Nervvport, PA 170'74 gill To Rink Partnership l33 S. 32nd Strcct Camp Hill, PA 17011 PAGE3 Invoice Date invoice # 12/15/2006 04.530 PAST au~ REMIT IMMEDIATELY WITH INTERESY ADDEQ 'terms Due Data Project Net 15 1?J30/2006 R7estport Lot 11 Description Amount protessicynal Services: 6!2512006 through 12/I/2006 Stormwater modifications for 1"ownship And Slate iltSltration reguirrments; extend iopo coverase to Stprim 3,300.00 sewer id lower street Payment is due i~mmediatcly upon receipt of this statement ail"payment is not r<x:civcd within tltlriy (30) days of the date of this statement, interest at li3%per annum will be added lu any tmpaid balance, along with the costs of suit and attorney's fees should the saute be incurred as a result of any action by us W collect any balanCt pest due" TOE ~ X3,300.00 86-29-2087 08:24 MADDEN ENGINEERING 717-567-3686 Madden Engineering Services, Inc. 24 North Fourth Street Newport, PA 17074 Bllt TO l3ink Partnership 133 S. 32nd Street Cmnp Hill, PA 170] I PRGE4 Invoice Date Invoice # 2/16/2007 04.SSG PAST au~ REMIT IMMEDIATELY YIIITI°N INTEREST ADDED Terms Due Date Project Net 15 3/3/2007 Westport Lot I 1 Description Amount Processional services: ~ z/l noon through 2/9/2007 Revise Stormwater Cnncept fur Water Qnality/ReChargc 6,040.00 Isevise I.a»d Devolopmcnt Plans Submit Plans to Lower Allen Township Reimburseancnt far ]'tinting (20 x 8 x $1.20/sheet} !92.00 Payment is duc immediately upon roccipt of this statement. If payment is not rcc;cived within thirty (30) days of the date of tltis statement, interest at 1896 pct annum will be added to any unpaid balance, along with the costs of suit aqd attorney`s fees should the same be incurred as a result of any action by us to eollCCt any balance past duc, TOtB ~ $6,232.00 06-29-2007 08:24 MADDEN ENGINEERING 717-567-3686 • Maddt~ Engineering Services, Inc. 24 North Fourth Street Newport, PA l 7074 PAGES ~11VOIri~ Date Invoice # 5/258007 04.618 Bill 70 Bink Partnership l33 S. 32nd Street Camp Hill. PA 17011 PAST DlJE REMIT IMMEDIATELY WITH INTEREST ADDED Terms Due Data Project Net l5 6/9/2007 Lot 1l Westport Description Amount Professional Scrvices~ ?l10/2007.5/112007 Address Stormwater Comments and Submit Revised Land Development flan 9,]60.00 Printing: 112.50 90 shceu (24 x 36) at 5125 per sheer Payment is dus immediately upon receipt of this ststeunrnt. If payment is not received within thirty (30) days of the date of this Stsiemerrt, interest at ] 8% per a»»uno will be added to any unpaid balance, along with the costs of suit and attorney's fees should the same be incurred as a result of auy action by us to collect any balance past due. TO'~I 53,272.50 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. W. John Ma e ,President Madden E gineering Services, Inc. `~ `\ ~ J <J'~ ~ ^~^` ( 1 \l ~~ .:~ v~ rv c_~ ;"~ ..J Tl L ~-= f i l i %~ l ~~: ~;.^ i'~~ ~) •{ #~..:~ ~ ~ MADDEN ENGINEERING SERVICES,INC., Plaintiff vs. BINK PARTNERSHIP, Defendant TO PLAINTIFF NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-4239 CIVIL TERM NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: ~~ ~ ~S~ ~? 1 S .Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -1- MADDEN ENGINEERING SERVICES,INC., Plaintiff vs. BINK PARTNERSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-4239 CIVIL TERM ANSWER AND NEW MATTER AND NOW comes the above-named Defendant, by its attorney, Samuel L. Andes, and files the following Answer with New Matter in this action: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, Defendant states that Plaintiff provided those services for a project undertaken by the Hollinger Group to construct amulti-story office building on said lot. 5. Admitted. 6. Defendant admits that it has failed to pay Plaintiff for all of its services but denies that payment is due as yet. Defendant incorporates herein, by reference, the averments set out in its New Matter. 7. Admitted. By way of further answer, Defendant incorporates herein the averments set out in its New Matter. COUNT I -BREACH OF CONTRACT 8. Defendant incorporates herein by reference the averments set forth in the foregoing paragraphs of this Answer. -2- • 9. Denied. Although Defendant has not paid Plaintiff the monies Plaintiff demands, Defendant has not violated any agreement between the parries with regard to payment because payment is not, as yet, due. Defendant incorporates herein by reference the averments set out in its New Matter. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Complaint. COUNT II -QUANTUM MERUIT 10. Defendant incorporates herein by reference the averments set forth in the foregoing paragraphs of this Answer. 11. Denied. Defendant has not been unjustly enriched because, to date, Defendant has not received payment itself for the services Plaintiff claims to have rendered. WHEREFORE, Defendant prays this Court to dismiss Plaintiff s Complaint. NEW MATTER By way of further answer, Defendant sets forth the following New Matter: 12. Plaintiff and Defendant have had previous dealings in which they have established, by their course of conduct, an understanding or agreement as to how they will work together and be paid for their services. 13. In their prior dealings, Defendant has frequently engaged Plaintiff to provide engineering services for projects on which Defendant is working for its clients and customers. 14. Pursuant to the understanding or agreement between the parties, as established and evidenced by their prior course of conduct, Plaintiff has been paid for the services it has provided to Defendant's projects when Defendant itself is paid for its work on those projects. 15. The project on which Plaintiffprovided the services which are the basis of this action was a project on which Defendant provided services to its client, the Hollinger Group. Pursuant -3- to the agreement between Plaintiff and Defendant, established by their prior course of dealings, Defendant was not obligated to pay Plaintiff for Plaintiff s services on the project until Defendant itself was paid. 16. To date, Defendant has not been paid for its services on the project or for the services provided by Plaintiff on the project. 17. Defendant has not breached any agreement between the parties by failing to pay Plaintiff for its services on the project. 18. Defendant has not received any unjust enrichment as a result of Plaintiff's work because Defendant itself has not been paid for the work done by Plaintiff or, for that matter, the work done by Defendant. ~~ r Y i S .Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -4- RUG-OS-~O~:~(I~~ED~i 11:15 Samuel Andes, Esq. (=RY,)7'7 ?5' '~'?5 p_^.OBlCO° .. 1 verify that the statements made in this document are true and correct. I understand than any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities)_ DA 1"E:_-~~"~--s v ly H RRISON B1NK -5- CERTIFICATE OF SERVICE I hereby certify that on { 2007 I served a copy of the foregoing document upon counsel for Plainti by U.S. Mail, postage prepaid, addressed as follows: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 u L. e Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 -6- ~~ - - -] _ -., -ri (. ,,, Se J ~~t~ __ ~..,._.. l' _. _ ~ _ _ jv/ - ~~~ ~~a C`i`'I • - . -f ~ .:t3 al ^C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MADDEN ENGINEERING SERVICES VS BINK PARTNERSHIP CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BINK PARTNERSHIP the DEFENDANT at 1507:00 HOURS, on the 25th day of July 2007 at 133 SOUTH 32ND STREET CAMP HILL, PA 17011 SONDRA PLESIC by handing to (ACCOUNTS MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Postage .41 Surcharge 10.00 .00 Y117~0? ~ 42.81 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/26/2007 MATSON LAW OFFICES De ty Sher' f A.D. F: \FII,ES\Clients\ 12156\ i 2156.3, response/mah Created: 11/05/01 09:49:53 AM Revised: 09/04/07 08:18:42 AM ] 0883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff v. BINK PARTNERSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4239 CIVII, TERM RESPONSE TO DEFENDANT'S ANSWER AND NEW MATTER Plaintiff s Complaint is incorporated herein by reference. 12. Denied. Plaintiff has provided invoices to Defendant in the past and requested payment in full in a timely manner. 13. Admitted. 14. Denied. Plaintiff has provided invoices to Defendant in the past and requested payment in full in a timely manner. 15. Admitted in part and denied in part. It is admitted that Plaintiff provided services which are the basis for this action for a project which Defendant was working for the Hollinger Group. It is denied because Plaintiff has provided invoices to Defendant in the past and requested payment in full in a timely manner. 16. Upon reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 17. Denied. Defendant is in breach of the agreement between Defendant and Plaintiff. 18. Denied. Defendant has been unjustly enriched as Plaintiff's work has been completed and Defendant has failed to pay for the same. MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 1?013 (717) 243-3341 Attorneys for Plaintiff Date: ~- 3 - d 7 VERIFICATION The foregoing Response to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. . Johnadden, President adde ngineering Services, Inc. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response to Answer and New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 MARTSON LAW OFFICES By M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/!~/()7 ~-~ r~ , r- - ~=--~ - _ :::~a ~ _ ~-' E~~ y -~- ..,... ~ `- ~-~ r 1 k ~~ t _. `..J i '~..~t MADDEN ENGINEERING SERVICES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BINK PARTNERSHIP, NO 4239 Civil 2~7 Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire ,counsel for the plaintif~K in the above action (or actions), respectfully represents that: 1. The above~aptioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 14 , 6 79.50 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Samuel L. Andes, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON~7LAW~OF~FIC"ES By c ~`~. ~r~' S Christopher E. Rice, Esquire ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY `\ A~. l~ .,~., `C W ~ 1 ty:~ ~ ~ '~ ,-' -: c.... ~,_ ~'~~ ~ ~,,. ~ ~ r-, i ~~ ~ -~;; ~ C7 c:~ --P ,jC"' -^~ "1~ `1 'L~ rW~ D MADDEN ENGINEERING SERVICES, Plaintiff v. BINK PARTNERSHIP, RULE 1312-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 4239 Civil 2~7 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire ,counsel for the plaintiffli38f3i~1~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 14 , 679.50 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disgvialified to sit as arbitrators: Samuel L. Andes, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON LAW OFFICES B~ : ~~~ S Christopher E. Rice, Esquire ORDER OF COURT ANjrD NOW, ~ , 200 ~ , in consideration of the foregoing , petition, 1,~ Esq., and ~~~ Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the o , ~ ..:~ EDG B.BAYLEY ~'\ ~ ~~.~ ~' f- 9~ s_.w -.. f ~./1~ ~,., _ ~ ~ -- ~ ~ ~. t~ = ~ F" "~ ~ a :_ +. ~-~ __ ~ ~ .> N ~~ C~~~ ~,r~,~- E tom' ~~ C~'~ i ~. a,~'o8 ~' OICB ^Wc ~` -,C Q d U p-- 1 ~'.`i -~,~;_^. _''.. u~{. ea c~a ~ "`C1 t,.. ~:a ~.. C7 :.~t° :_-# C.l'! ~7 .~ 'C+z MADDEN ENGINEERING SERVICES, :COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. BINK PARTNERSHIP, DEFENDANT 07-4239 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of April, 2008, the appointment of Andrew Shaw, Esquire, to the Baard of Arbitrators in the above-captioned case, IS VACATED. James Kollas, Esquire, is appointed in his place. By the ~ocfr"t, u Edgar B. Bayley, Charles Rector, Esquire's Chairman James Kollas, Esquire / Court Administrator :sal , )~.~ CoP~ N~ ~13~ og p~8 r~,~ ~ ~ ~~~= . tkl=;- =~ r ~ _ = L1.- _.. fj_ a ~~ y ~- ~~ - s. ~ u.. G`-~ ~~~ N Madden Engineering Services In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 0 7 - 4 2 3 9 Bink Partnership Defendant Civil Action -Law. Oath We do solemnly ear (or affirm) that we will support, obey and defend the Constitution of the United States and the Const< tion of this Commonwealth and that we will dischazge the duties of our office with fidelity. Signature S' tore ignature Charles Rector, Esa. Name (Cbairmaa) Kathleen K. Shaulis, Esq. Name James Kollas, Esq. Name Law Firm 1104 Fernwood Ave. Address Ste . 203 Law Firm 44 S.Hanover Street Address Law Firm 1104 Fernwood Ave. Address Ste . Capp Hi11,PA 17011 Carlisle, ~A 17013 Camp Hill, PA 17011 City, Zip City, ZiP City, Zip ' Award We, the undersigned arbitrators, having been. duly. appointed and sworn (or affirmed), make the following award: (Note: If daanage~ for-delay are awarded, they shall be separately stated:) Tlcfanrlan~. swill ,~-~ p1~~,if~ a total [~f 13,500.00. s f,Q11oWS: $1,500.00, in July 200.&, thereafter $500.00 per month commencing in August 2008 fnr t~at~nty fn ~~(241 consecutive. months. . Arbitrator; dlissents. (Insert name if auulicable, Date of Hearing: 6/1o/os ( ) Date of Award: 6/10/08 NotPice of ~ntrv of Award Now, the ~~day of ~„~,(s,~,g,,,~_, 2(~~ , at Q,~~s , ,~:M., the above ~wacd was entered upon the docket and notice thereof given by mail to the parties or their. attorneys. Arbitrators' compensation to be paid upon appeal: $_~"~ .,~ By: Prothonotary Deputy 'TJ . , . ~~ '~ "d `~~ ~~~ ~~~ ~~~ r d`- -~ ~~-' c- ~_ ~' ~ ~ r tV ~ ~~~+ ~_ ~ ~, _: ~ c ~rn ~ •, u; -~ r F:\FILES\Clirnts\12156 Madden Engineering\12156.3.pra/mah Created: 11/OS/01 09:49:53 AM Revised: 08/07/06 02:46:10 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2007 - 4239 CIVIL TERM BINK PARTNERSHIP, Defendant PRAECIPE Please enter judgment on the Arbitrators' award entered on June 22, 2008, in the above- captioned matter in favor of Plaintiff Madden Engineering Services, Inc., and against Defendant Bink Partnership in the amount of $13,500.00, plus interest and costs of suit. MARTSON LAW OFFICES Date: ~ ~ ~ o Y• Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants 1 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel A. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON LAW OFFICES By: ~ ~ I~,i M rice Ten Ea igh Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~~ ~ ~~ ~-- -~:. '~ ~~ ~~ ~ ~ a ~ 5 ~ ~° J ac. ~~ r~ p ..,1 ~~- ~ ~~~5 ~ ~j ` ~~ 'd , ~. ~ MADDEN ENGINEERING SERVICES, IN THE COURT OF COMMON PLEAS OF INC., :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : V. BINK PARTNERSHIP, DEFENDANT 07-4239 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Charles Rector, Esquire, Chairman, shall be paid the sum of $50.00. ._- -- By the r~r"t, ,C N ~_ EdgarB'"Sayley; /Charles Rector, Esquire Court Administrator sal l.,d r ~.~ ,7-~. t, 1 Q~4/08 ;~ :%"' J ~ ~--- ~ __ -.~`' ;~: cT ~`; ~ ~ s~_ ~, "u`.- -~ ~ s.a. C= ~ ~ ~-a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4239 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MADDEN ENGINEERING SERVICES, INC., Plaintiff (s) From BINK PARTNERSHIP, 133 South 32°d Street, Camp Hill, PA 17011 (1) You are duetted to levy upon the property of the defendant (s)and to sell any and all personal property owned by the defendant . (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 $13,500.00 L.L. $.50 Interest 6% from 6/10/08 Atty's Comm % Due Prothy $2.00 Atty Paid $185.81 Other Costs to be determined Plaintiff Paid Date: 10/20/08 C .Long, Prothono (Seal) By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MATSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DMSION PRAECIPE FOR WRIT OF EXECUTION Caption: ^ Confessed Judgment Madden Engineering Services, Inc. ®O~~ v. Bink Partnership :File No. 2007 - 4239 : Amount Due $13 , 500.00 Interest 6% from June 10, 2008 Atty's Comm ~~ To be determined by Sheriff TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumber 1 and County, for debt, interest and costs, upon the following descnbed property of the defendant (s) Bink Partnership Any and ail personal. property owned by 133 South 32nd Street Bink Partnership Camp Hill, PA 17011 - PRAECIPE FOR ATTACHMIrNT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnlahee(s) for the following property (if real estate, supply six copies of.the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the of dent(s) described in the attached exhibit. /~ ~ ~ S ~~ Date /0 .?o~o ~ Signature: l_~., Print Name: Christopher E. Rice Address: 10 East High Street Carlisle, PA 17013 Attorney for: Plaintiff Madden Engineering Telephone: (717) 243-3341 Supreme Court ID No: 90916 ~# a b pW O v ~ ~ rv ~ ~ 00 ~ "~ ~ .,. ~~ ~ ~C3 Q p ~'~l~ ~ pp c'"3 .,,,~ ~ ~3E7 ~ p , ~ r ~ ~ ~ td.? ~ ~ R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor °~`~t~ pf ~un~~Pr~~ ~r~ OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Madden Engineering Services, Inc. vs Bink Partnership Writ No. 2007-4239 Civil Term Property Claim Determination / Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Phillips Capital, pertaining to Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Phillips Capital, in the above mentioned property claim, is the owner of the property set forth therein. ,,,, C? t` ~ ~.. ~T r-~ r,~t :,.~, .; . ,_ So Answers: ~;_~'- - cft ,,/'r~~ Thomas R. Kline, Shenff ` ~ ~ ~~ By ' cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. Philips Capital, Claimant c/o Harrison Bank ~~ ~`~ ~ '~-~, c~~ _=-;~ '~~~ ~``~ :~ P~tOPE?~..jY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. - ~?OD 7- ~~3 ~ The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE /f7`A~°1~ ! ~x~v1/TDT ~ C'D/YIY.~I' ~l~ld a/~~`1ri7il` ~ ~afii7 THE CLAIMANT OBTAI]~TED TITLE TO Date D ~ ~~G ~~ Claimant ~l1l~~ ~ S C~/Trti~ State. of Pennsylvania: County ofCumberland / ~~'~/~/~i7 ~r ~/hK being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Swo an subscrib to before me Til'1 _ day of bx.l' ~a~ Cla t PL''~'~~1DIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4.2009 Dear Customer: We've writtetrtttis Equipment Agreement in simple and easy-to-read language because we want you to understand its terms. Please read your Agreement carefully, and feel free to ask us any questions you may have about it. Legal Name: Bink Architectural Partnership dlbla: Bink Architectural Partnership 133 South 32nd Street Camp Hill PA 17011-5199 Capital MAR26 B~ E ul ment Provided Model Description Serial # Model Description Serial # KIP 3000 KIP prinUcolorscan/copy-2 roll DIGPDF PDF Key SUP3000108K Start Up Key Monthly Payment Minimum Quarterly Volume Invoicing Advance Payments UNLIMITED Toner andlor Ink I ~s~~~1 700 Inr~' per Monthly in advance Last Payment No Charge Customer Responsible Initial Network for Ali Invoices for Recording Fee .Delivery Installation Connection Previous Agreement through billing period: No Charge No Charge No Charge No Charge 19-Feb-08 Taxable: ~ Technology Consultant: Sales Manager: Tax Exem t: Geraldine Brennan Rick Gohn Terms: ~~ The term of this agreement shall start on `~J1912008 for 48 months. Phillips Upgrade/Downgrade Provision: After inception of the Agreement and upon your request, Phillips may review your copy volume and propose options for upgrading or downgrading to accommodate your needs. - Special instructions: ~ Overages read quarterly to . 03~ ~ iNew Agreement terminates R 3539 r term tJpt equipment. a new program or Authorization -Authorized Signer: the person signing this agreement on behalf of the customer (as indicated above) specifically represents that they have the authority to , ~~ ~7 1 i4uth ze Signer P lnt ///J/Name (A, Title / ~/ J ~ ~P // i hard A. Beittel -Phillips Capita Date Y D.Y 1 PHILLIPS CAPITAL 1. This Agreement is between you and us, and BhaN Inclutle and incorporate by reference any schedules, purchase alders or other instrumenla (`Schedules') now or hereafter signed by you and us, which refer to this agreement. Eapn saheevraenaa e..,,b,.~t to ,a of e,. repres.ntatbns, covenants, terms and contiitrona of this agreement If there IS any conflict between the repres~Itatl0n5, covenants, terms and conditions of this Agreement and any Schedule, this Agreement shall govern. m any provts+w. a rrn° .+e,,.m-,•. += d.=,=,-~ ,,,,-..ro,<--bi- u,a nu.r arevsiens of this Agreement shah remain in ful( force. The words YOU and YOUR refer to the customer. The words WE, US, and OUR refer t0 PNllips Capital and any affiliate or subsidiary tnereor. cos: P., copy (CPC), Cost per Page (CPP), Cost per Print (CPP) or Cost per Impression (CPI) all refer to one image on a 81/2 X 14 "sheet of paper, a smaller, 2. AGREEMENT: We shaft rant to you and you shah rent from us the equipment Usled in 'Equipment Provided' and/or any Schedule attached ('Equipment'). You shall pay to us the rental payment according to the Agreement plus any applicable taxes levied on us. The parties agree this lease is a "financing lease" as that farm is claimed h Article 2A of the Uniform Commercial Coda, which also makes the payment obligation unconditional. 3. TERM AND RENT: The initial term set forth above ahaN commence on the day that any of iha Equipment Is delivered to you (°lhe Commencement Data"). Rant payments shah be payable in advance, at the time and in the amounts provided above, commencing on iha Commencement Date and subsequent payments shall be due on the same date of each successive period thereafter until all rent and any additional rent or expenses chargeable under this Agreement shad have been paid in full. This Agreement will be extended aulomadcaNy for an additional lens unless you send us written notice you do not want to renew at least Ihirty (30) days before the end of any term. 4. ADVANCED RENT: The advanced rent is due and payable at the tkne you sign this Agreement. Tha advanced rent is non-interest bearing and is to secure your performance under this Agreement. Any advanced rent may be applied by us td satisfy any amount owed by you, b whbh event you will prompdy restore the advanced rant to its full amount as set forth above. If ail conditions of the Agreement are complied with antl provided ydu have not ever bean in default of this Agreement, the advanced rent wiN be refunded to you after you return the Equipment to us. 5. BILLING: Our billing agent, The PhiNips Group, wiN biN you. All Equipment wNl be listed along with any applicable copy volume/CPC billing during the period. You shalt pay The phidips Group iha bNling upon invoice receipt. If any payment is made more than tan (10) days late, you wiN pay a penalty of 10°k of payment ar $22.00, whichever is greater, on the past due amount. You wNl pay $50.00 for each check that is returned for insufficient funds or for any other reason. 6. MAINTENANCE AND SUPPLIES: The charges established by this Agreement include payment for the use of the Equipment and accessories, maintenance (during normal business hours); inspectbn, ad(uslment, parts replacement, drums and cleaning material requked for the proper operation, as waN as Inks, loner and developer. You must separately purchase paper products (paper 8 masters), staples and waste toner coNector oodles. At our discretion, services and supply may ha provided by a third party selected by us, should sendce and supplies be requked outside our authorized dealer teMtodes. In reference to our Service Response Commitment 'copier inoperable' is defined as anytime a system is unable to produce a legible document. Il is understood that you wiN provide basic user maintenance and trouble shooting such as, miafead removal, lonerand paper replenahmenl, etc. 7.GOL.D LEVEL PROFESSIONAL SERVICE SUPPORT: AU connected systems (printing, scanning, faxing, eopykrg) wiN ktclude 90 days of support for the Following services: InsfaNation of software and print drivers on ether the client's server or on the individual urorkstatlons in a peer-lo•peer envkonment. We will instaN such software and driwre during the initial InatatlaUon on up to twenty (20) workstations per connected system at no additional charge. Support for Network AdminisUator on installing Printer 1 software to Server !Network 1 Inshuctbns on Web•baaed uU7ities and conflguradon of Printer /Software /Support for scannMg / SHARPdesk or Page Scope scanning utility setup for up to 5 workstations per connectatl device / EstabUsh device as 'default' printer I Technical phone support /Supply patch cable f Network Surge protector. Each workstation M excess of 20 or future network services provided by ua wIU be invobed at a rate of $125.00 per hour. The minimum billable amount iE 502.50 (1/2 hour). In an effort to accommodate customers with a large client base, we recommend you make an R stall member avskahle on-ails during our initial instadatbn, We wdl provide resources (print ddvere a technical buNedns) necessary for addtional installations by your 17 stag. Our 90•day system performance commiUnent applies to your network operating system, desktop envMortmant, applbaUon soflwara and architecture fundbning at the time of initlai installatbn. Additonal Professional Support Services may be acquked at a dfacounted rate by investing in one of our PLATINUM level Support Options. 8. TITLE: We are [he owner of iha Equipment and during the length 0f our agreement you shall keep the Equlpmant free and Gear of all clakna and (fens. We do not have title to any software covered by this Agreement (5citware') and We are not responsible for the Software a the obligations owed by etcher you or the Ncensor under any License Agreement for the Software. 9. DELIVERY AND ACCEPTANCE; You shall accept the Equipment when deNwred. Upon deiNery, you shall inspect the Equipment. You shall be deemed to have accepted the Equipment when you sign this agreement or add-on agreement(s). Et. `1,: 10. WARRANTIES. All warrendes made by suppllare to us ors hereby assigned to you. We make no warrandee, either azprasead or implied, as to any manor whatsoever, Including, without Ilmitatlon, iha eonditlon of the Equipment, Its msrehantablllty or titnsss for any partleular purpo:a, or as to any patent or latent detects In matsrlei, workmanship or otherwise, and no such defect or alleged unfitness of the Equlpmant:hall In any way affect your uneondidonal obligatlon to make all rental and other payments according to this agreement We shall not be responsible for any loss, damage, penalty, alarm, actlon, suit, cost or ezpenss arising from or related to yrwr possession w use of die Equlpmant, including without limitation, any claim alleging latent or other defects whether or not discoverable by us or you, and any claim arfeing out of strict IlabiUly In toA. 11. LOCATION OF EQUIPMENT; You wNl keep and use the Equipment only al your address listed above, You agree not to move the Equipment unless we agree to it. At iha end of the Agreement's term, you will return the Equlpmant to a location we specify, at your expense, and in full working order and incomplete repair 12. LOSS OR DAMAGE: You are responsible for the risk of loss from destructbn ar damage to the Equipment. No such bas or damage reUeves you from the payment obligations under this Agreement. You shall prompdy notify us in writing of any bas or damage. You wIU be respon:tole to repair Ns equipment in satisfactory working order or pay Phifltpa Capkaf the cost to replace the Equipment. 13. INSURANCE: You agree to keep the Equipment fully insured against bsa with us as bas payee in an amount not less than the replacement cost until this Agreement Lt terminated. You also agree to obtain general pubNc NabiUty Insurance and Include us as an addkbnal Insured on iha policy. 1a. INDEMNITY: You assume NabNity for and agree to Indemnify, defend and hold hartnteas us and all of our respective officers, directors, empbyees, agents, assignees and successors from and against any and aN Uabil(ties, losses damages, penalties, claims, actions, suits, costa and expenses, Mcluding court costa and reasonable attorneys' face, arising from or related to your possesabn or use of the Equipment, provkled however, that krdemnily shall not extend to bases or claims arising directly from negligent instaNation or maintenance of the Equipment by us. 15. TAXES AND FEES: You agree to pay when due aN taxes imposed now or in the future (Including personal property lax) relating to this agreement or the Equipment. If you tail to pay Ihese taxes, we may at our option pay these taxes for you. You wiN then be obligated to repay us for these taxes plus Interest charged at iha highest rate slowed by law. 18. ASSIGNMENT: YOU SHALL NOT SELL, ASSIGN, TRANSFER OR SUBLEASE THE EQUIPMENT OR ANY RIGHTS UNDER THIS AGREEMENT. We may assign our nghfs and interests under Ibis Agreement. N we assign any of our rights or Interests under this Agreement, iha new owner will haw the same tights antl benefits that wa have now and wNl not have to perform any of our obligations. The rights of the now owner wIN rwt be subJect to any claims, defenses or setoffs that you may have against us. 17. DEFAULT AND REMEDIES: If you do not pay any rental payment or other sum due to us when due or you break any promises in the Agreement ar any other agreement with us, you wiN he in default. You will also be in defauk if you cease doing business as a going concern, Or if a peUtion')s filed by you or against you under the Bankruptcy Act, or if a receiver h appointed for you Or your property, or It you commit an act of bankruptcy, become insolvent, make an assignment for the benefit of your credkors, or if you (without our poor eonsant) attempt to remove, seN, transfer, encumber, sublet or part with the equipment. If you tlo not pay rent when due or ff you break any promises to this Lease, you will be N default. If you default we can require that you pay the remaining balance of this Lease and return the equipment to us. We can also use any other remedies available to us under Iha Uniform Commeroiat Code or any other taw. If we refer this lease to an attorney for collettion, you agree to pay our reasonable attorneys fees and actual costs, including our travel costs to any deposltbn or court proceeding. If we have to take possessbn of the equipment, you agree to pay Me cost of repossession. Under no circumstances (including a default by us) shall we be liable for any Indtred, consequential, InGdantai, special, ar punltlve damages arising out of er In any way related to the uaa of the Equlpmant. 18. GOVERNING LAW: This Agreement shah ba governed by and construed under iha laws of the Commonwealth of Pennsyvania, except its eonflbls of laws. You agree to personal judsdicUon kt Pennsylvania and that venue on any claim under this Agreement is proper M the Court of Common Pleas of DauphM County or iha Unked States District Court for the Middle Otstdct of Pannsylwnia. If this Agreement as assigned, you agree that any dispute arising under or related b this Agreement wiN be adJudfcated b the lederel or state court where the assignee's wrporete headquarters is located and will ba governed by the law of That state. You waive Jury Mal fn any action between ua. 19. ENTIRE AGREEMENT: This Agreement contains the entire arrangement between you and us and no modifications of this Agreement shall be effective unless in writing and signed by the part+es. v 9.01 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor ~°'~~tp of ~unt~Pr~~ ~a OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Madden Engineering Services, Inc. vs Bink Partnership Writ No. 2007-4239 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Sovereign Bank, pertaining to Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Sovereign Bank, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: Thomas .Kline, Shenff BY Y~J cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. Sovereign Bank, c/o Harrison Bink, Claimant PROPERTY CLAIM r yC VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. ~~~J=z~ The property listed below and levied upon in ties case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY vALUE THE CLA.IlVIANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date ~3 D~G ~ Claimant_~y~r'e/qh ~j~(~ State. of Pennsylvania: . County of Cumberland iT7f~1'-~~~YI ~i ~ /rjsr~ ab~h'st in the property claim aze correct and true. ofi to before CLAUDIA A. BREWBAKER, NOTARY PUBLIC Cariisie Boro. Cumberland County being duly sworn according to law, deposes and says that the Cla' t Commission Expires Apri! 4, 2009 UCC FINANCING STATEMENT Sovereign Bank Z35 N. 2nd Street Harrisburg, PA 17101 G~~~1~~ f ~ ~~ TN[a At501/E SPACE IS ROR FILING OFFICE USE ONLY 1. DEBTOR'S DtACT FULL. t.EGAL NAME • neat Dray cne OeOror name I Ia a 1c> • do e,pt aoottwlate a t am hme names ~ +s ORGANIZATIONS NAME _ _ Y - Bfnk PsRnership, Inc. OR 1b IND11nDt1AL'S LAST Na1AE ,~ tR$T NAME MIDDLE NAME SUFFIX Ic MAII.INGADDRESS CITY ~! STATE POSTAL CODE COUNTRY 133 South 32nd Stroet Camp HIII PA 17011 USA 1d $EEIItSTRUCTItlNS ADO'LINFORE fe TrpEOFCRGANVAT+ON 11 JURISDIC7+ONOFOROANIZAiiON +q ORGANIL4TIONAL+Dr.dally ORCrwlzAnoN Corporation PA OEBTOR N N 2 ADD1710NAL DEBTOR'S EXACT FULL LEGAL NAME - npn only one debtor name (2a or 2N+ • do Trot ablrevlste or wmbnu namx A 3 SECURED PARTY' 3a CRGAN:ZATIOtJS Sowroign Bsnk ,neen only ane pared Dam name Sae a - 235 N. 2nd Street ~ Harrisburg ~ PA ~ 17101 ~ USA 4, TMs F9LINCWG StATE1dENT rovers e+a touo«mp coaateyaf All Inventory, Chattel Paper, Accounts, Equipment and General Intangibies; whether any M the foregoing fa owned now or acquired later, all accessions, additlota, replacements, and substitutions relating to any of the foregoing; aii records of any kind relating to any of the foregoing; all proceeds relating to any of tfie foregoing iincluding insurance, general intangibles and other accounts proceeds). 8 OPTIONAL FILER a;EFEAENCE t7ATA _- Secrotary of Commonwaaith of Pennsyivanta (8623 PILING OFFICE COPY -UCC FINANCING STATEMENT (FORM UCCt) (REV. 05122!02) Harland Financial SoWttons 400 t).W. 8th Avenue, Portland, Oregon 97204 .:. r~ 8 i :~ d ~ - ~~U 800t R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor ~°~`'~tp of ~unt~P~,~~ ~d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Madden Engineering Services, Inc. vs Bink Partnership Writ No. 2007-4239 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Quality D.O.T., pertaining to Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Quality D.O.T., in the above mentioned property claim, is the owner of the property set forth therein. So Answers: ~d~'iryss+ro~K '.~ ~~ Tho s .Kline, Sheriff By cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. Quality D.O.T., c/o Harrison Bink, Claimant Telephone 117/238.7151 Facsimile 717/238-7910 E-mail: robert.knupp@verizon.net KNUPP LAW OFFICES, LLC ROBERT L. KNUPP, ESQUIRE POST OFFICE BOX 630 407 NORTH FRONT STREET HARRISBURG, PA 17108-0630 December 10, 2008 Attn: Claudia Office of Hon. R. Thomas Kline, Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013-3387 Re: Property Claims - Bink Partnership, Inc. Writ No. 2008-4239 Dear Claudia: Robert E. Knupp (1909-1976) Pursuant to your telephone call of December 8, 2008, I am in receipt of property claims filed on behalf of the following lessors and/or secured creditors. 1. Philips Capital 2. Quality D.O.T. 3. M&T Credit Services 4. Stolen Moments Photography 5. Sovereign Bank All of the claims were correctly filed. There is, however, one addition that must be made. The Konica Minolta Copier (the Quality D.O.T. property claim) was assigned from the vendor, Quality, to GE Capital Corporation. I am enclosing copies of the assignment and documents showing GE's interest as assignee. We would request that that be added to the property claim where the claimant is styled as Quality D.O.T. Putting it in other words, it is correct to say that Quality was the original party in interest for the Konica Minolta Copier. In order to make certain, however, that the claim is correct, we are providing you information concerning the assignment of the interest of Quality D.O.T. to GE Capital Corporation. I am enclosing the Equipment Lease Agreement which, if you look at it carefully, you will see that the supplier is listed as Quality Digital Office Technology, i.e. Quality D.O.T. Simply insert the Equipment Lease Agreement with GE Commercial Finance's interest. If anything further is needed, I am certain that you will let me know. Very truly yours, ~--- -~ Robert L. Knup RLK/pm Enclosures troa~:3ink Architectural Partnership 717 737 0442 GE Commertviaf finance iiiiiRfYlr'tff~ Epdpmerq Modet6 Oe9cnpuon 0451 sn:K010007325 Fax FK502 sn:151.64;5652 Send Numtler FS608 sn:07U0W1002498 Punch Kit 12108/2008 17:31 #108 P.0021002 Equipment Lease Agreement Agreement # 758774 001 Aca!ssories DF611 sn:01 HOW0028811 O Sae altactied sciiedvlefa additional f quiprnent 1Accessaies Egtipn~erdtot~6a~(ldlerentlrom8iingAddress) _. Cii~ii7~iii ~ • • ~ • duality taigital Office Technology 1104 Caxlisle Road, Suite 150 ®Fair Market Value Camp Figl PA 17011 YOUNAVESELECTEDTIlEQUFIENi. T-iE7~JPWJERANOtTSREPREREI~RATIYES ARE NOTOURI~GENTSAIR)AREN01AtIr1~R¢EOTOMOOIFYTFETERM60FTFr6 ~easePayment ~ 860.86 Tom, 36 „ f.El-~.YOUAREJgMAREOFTHENAMEOFTNEWIMIfACTUREROFEACHffEMOF ~plut~) "~ EOURMENTAI~YOUYYILLCONTACTEACHINAMIFACTURERFORADESCipPpON Bi1~ngPeriod: Monthy OF YOUR YrAARANrY RIONTS. tNE MAKE NO W~WRANTIES TO YOU, EXPRES8 OR MIPLIED AS TO TFE I~RCHANfA@IUTY, F1fNES8 Fri A P.ARt1CW1R PURP06E, The lolowrir~ arl0i~ionel payments ara ~e on IAe dad ttis Agreement's signed by you: SURAeIRRY, OR O11ERYrIBE. YrE PROVlOE THE EOUIPIasNT TO YOU AS•IS. YVE SNALLNOTBEl.IAeI.EFORCONtiECUENTiAIORSPECIAEDAMAGES. SECURITY(~P091S 1i YOURPAYMENTOBLIGATgNSAREAaSOLUTEAN01NrCONOtitONALANDARENOT SUBJECTTOCANGEWTION,IiE000T10NatSETOFF FORANY REASONWIURSO• ADviWCE PAYMENTe'a ^Appiedb: Ofrst O1a51 EVER BO'rNFRRTE8AGREETOWANE/-tLR1GfRST0AA7RYTRUt TNISLEASE (plus appacade taxer) QNALL@EOOVEMEDBYTFEWMS~IDWA.Y000ONSENTTOTHEJURtSpCTpN ~UMENTFEF $49.50 ti~-asaontrstrrro~e) Ate YENIIE OF FEOERAI. AND STATE COURTS IN 101AU. 9YSKININOTFBl(EASE,YOUACKNOWLE06ERECEIPTOFPAGE40FTNISAOREE• ~ ~ MENT,ANDAttREETOTIETERMSONaOTNPAOES t AND2. ORALAGREEMENTS oRCaNIMrt~+Tsro~oANMatEY,ExTENDCREDrTORTOr~oReEARFROMEN• BinkArchitecturaf Partnership FORCING R~AYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW w i ~,,,~ tiUCNOESTARENOT ENFORCEABLE. TOPROTECTYOU ANDt1S FROMMtSUNDER• STANOMG OR ~, ANY AGREEMENTS WE MACH COVERING 8UCN M"TTERS'vacarrAMEDtNTMS"~Rrt'NC,mNCNtsTNE°°MPtESEANDExau' 133 S. 32nd Street SME STATIEIENT OF TIE AGREEMENT 9ETYYEEN US, EXCEPT AS YVE MAY IATEp AGREENIwaIiINGTOMgOIFYIT. Camp Hill PA 17011 taEl o~dee~Nbb~erly~ti0p 55 Tooratlon ~~~~ ~~t ~ X17 7„~7~140~ ~2-_nkr~y;~ ,riCi- "" ,~,~ e..wAtd«. 8Y By: X ._ . ..._ ............. .. ate ......_....._. --- - Name: .I _-. Name: ~Gt>S~11--~j1~ __.. .._ .. Tie: Tgfe: ,. ; ..f ,.e~~~n~.t~.. ..... . . . Date: . . .. . _. .. Date: '~~ Q,~ Fed Tax f0 Z6r~C~~Q 14~-_.. Unvo1-ditional Personal Guaranty R c`~ Pn*d tame. By. u p~ i ~~ Vitit us at http://St.lsatingsonrce.com PROPERTY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PEl~INSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. T---~~--~ The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE ~4~1<CZ4 /~/NO~TLV Gd n/Pi1" ~i ~~ Date /'3 ,DeC ~g Claimant Q[»~ ~ ~~.7, State. of Pennsylvania: County of ~~C//umb__erland ~C i'~TGV!ff'~1N ~_~/1? ~ being duly sworn according to law, deposes and says that the abov-e iii' st~`m the property claim are correct and true. Swo an subsc ' d to before me day of laimant o ublic ~ CLAUDIA A. BREWBAKER, NQTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 R>vloozoz t~,: QZTL4~LITY • . r~~ .' ~ ~'i' D i g t a!t ~' Office ., 7echnol~~y York • 2699 S. Queen St. • York, PA 17402 • ?17.741.4894 • fax 717.741.9685 Harrisburg • 1104 Carlisle Road • Camp Hill, PA 17011 •717.236.2679 BII.L TO: EQUIPMENT LOCATION: Bink Architectural Partnership HA0948 133 South 2° Street Camp Hill, PA 17011 Contact Narne: Phone # email: Effective Datea ModeUDescr~tion serial Number I.D. # ContradPer~lod Be innin .Me er Readin Program Tvpe Konica Minolta KO1000?325 PH094 04.09.08 to 04.09.09 ~ 1~1 GCC Bizhub C451 `' 49 C Customer has declined the purchase of power filter and understands the terms of decline Bi'lline Period G'uslot+ner Cart Priei?rtg ~ Coveraga Platinum $25.00 Monthly Connectivity Accept Deny Apply connectivity calls to my existing prepay plan Quarterly $ Quarterly which includes a minimum of copies. Overages are billed at _ per excess copy. Customer will be billed for overages quarterly. Original scans not producing a copy will be char ed at .003 er scan. *Monthly xxxxxx Monthly meter reading x .0095 per monochrome copy and x .07 per color copy. Customer will be billed for overa es monthl . Ori final scans not roducin a co will be char ed at .003 er scan. *Adaftnlshatfve C/targe Repaired: QuaYlty Digital Office Technolop- is not responsible for refunds due to less than the minimum number of co ies contracted within an a reement ear. In addition, the customer ma not c co credits from ear to ear. Maintenance Coverare OuNons Description ofMaif+ftef~afl,ce Plans Platinum Connectivity Includes all non- hardware related connectivity service calls performed by QDOT personnel. Covers reloading of drivers when operating systems are u raded, new c's are installed, or new users need added Full Service Includes all Parts, Labor, Drum, Developer and PM Kits except Toner, Paper and Staples. Does not include components associated with applicable printing or faxing systems. Subject to Limitations and Exclusions on followin a es. Full. Service & Supplies xxxxxxxxxxx Includes all Parts, Labor and Consumables except Paper and Staples. Does not include components associated with applicable printing or faxing s stems. Sub'ect to Limitations and Exclusions on followin a es. Network Controller/Printer Board xxxxxxxxxxx Includes print controller, network card, memory, supplied cabling, print driver upgrades, and firmware upgrades. Fax System xxxxxxxxxxx Includes components associated with internally installed fax systems. !~CCE]PTANCE: THIS AGREEMENT IS ACCEPTED BY AND BINDING FOR QUALITY DIGITAL oFPlcfy 1'~ClulvuLVC~Y ulvLY AFTER OFFICE APPROVAL. :ustomer acknowledges that customer has read alt pages of this agreement, understands it, and agrees to be bound by its terms and conditions. It is complete and exclusive tatement of the agreement between parties, which supersedes all proposals or prior agreements, oral or written, and ell other communications between the parties relating to the ubject of this agreement. The terms and conditions of this agrcement shall prevail not with standing any variance with the terms and conditions of any order submitted by the ustomer with respect to the maintenance of equipment. All terms and conditions set forth above (or on following pages) are apart of this agreement; this agreement shall not be codified or amended except in a writing duly signed by the customer and an authorized office of Qaality Digital Office Technology. :e Wei le, Service 517j 2uality D Officer Approval Cu Omer. S gna e & Date 4.10.08 . ~,0,`1~~v S~~l,_.~ rate Name (Print) ,v. l ooz CUSTOMER COPY CONNECTED TERMS AND CONDITIONS This agreement is for maintaining the functionality of the applicable printing. and networking components installed in the copying system. All non connected terms and conditions apply if not covered here. 1) This agreement is for service calls performed during the normal business hours of Monday through Friday 8:00 am to S:OOpm excluding major holidays. Service calls that continue past 5:00 are not subject to charges as long as the call was placed prior to 1:00 on that business day. 2) The term of this agreement is for one year and will follow the contract dates, renewal terms and allowable prints of the base copier contract it is attached to. 3) This agreement is non refundable. Any unused portion of a contract may be applied towards the contract on anew machine purchased from Quality Digital Office Technology if it replaces the machine which held this contract. 4) Special rates are available for service beyond the above mentioned normal business hours. 5) Supplies used in the machine must be original equipment manufacturer or an equivalent supplied by Quality Digital Office Technology. 6) Supplies consumed in the course of service or damaged by the customer are the responsibility of the customer. Cartridges damaged by the end user will be billed at the supply rate. Service calls generated by the above mentioned will result in a billable tabor charge. ~ This agreement is non transferable. Quality Digital Office Technology reserves the right to start a new contract if the machine is moved from one address to another or if a bankruptcy is declared and a business is reopened under another name. 8) Quality Digital Office Technology retains ownership of all consumable supplies unused by the customer if it is an all inclusive contract. 9) Electrical requirements must be met without the use of adaptors and power filters must be in place for AC power and network line. 10) duality Digital Office Technology may withhold service if any of these terms and conditions are not met or if a customers past due balances accumulate 30 days over the invoice date. 11) Accounts will be changed to pay call status if contract renewal is not paid by the renewal date. 12) A supply shipping/handling charge of .0005 per Gick will be assessed on all toner inclusive contracts. This fee will be billed with each service contract billing. 13) Original feeds not.generating a copy will be subject to a separate maintenance fee. This contract includes: ^ Parts and labor to perform necessary maintenance of print controller, network card, memory, software, drivers, hard drives, and cables that are purchased from Quality Digital Office Technology as part of the copier printing system. ^ Firmware upgrades as provided by the manufacturer when necessary. This contract does not Include: ^ Equipment lost or damaged due to accident, abuse, misuse, theft, neglect, fire, water, or any other act of nature. ^ Circuit board failure from lightning or other power surge unless a surge protection device approved by Quality. Digital Office Technology is installed ^ Service required by the use of non original equipment manufacturer supplies or not approved by Quality Digital Office Technology ^ Improper installation of toner or other supplies ^ Moving equipment to new locations ^ Cabling or wiring not supplied by Quality Digftal Office Technology. ^ Service or reinstallation of drivers or software after changes are made or updates made to the operating system unless Platinum Connectivity upgrade is purchased. ^ Printing problems resulting from problems with a customers application. i.e. word, excel, or any custom software unless Platinum Connectivity upgrade is purchased. ^ Adding drivers to pc's after initial connection is made unless Platinum Connectivity upgrade is purchased. ^ Reloading software or drivers to an existing user when new pc's are purchased unless Platinum Connectivity upgrade is purchased. ^ Any memory or add on that is not purchased from Quality Digital Office Technology. 81 ~5 d ~ - ~~~ 8a01 ~-. r: ,~ R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor o~.~tp of ~urt~~Prr~ ~ '~d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Madden Engineering Services, Inc. vs Bink Partnership Writ No. 2007-4239 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Stolen Moments Photography, pertaining to Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Stolen Moments Photography, in the above mentioned property claim, is the owner of the property set forth therein. So Answe s: ~~ ~ Tho Kline, Sheriff ~-. By cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. Stolen Moments Photography, c/o Harrison Bink, Claimant PROPERTY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. aoo7 - ~~3y 4~ The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE ~y0ir © arm w~~ cevt,~ra ~5r~~xilco MaIY~ ~~B~D . ~x~isioz, cord is _~ ~~r~tx !~~"- 5~5' ~cyx ~Nc~G~lirJC' 30~ . f~~ ~car~t i~ ~ sc ar~n ~' J ~~ .T~1~ Cam/ ~r ~l"/Nri~' /~G6}y1NGl" !l N/ ~ 250 THE CLAIMANT OBTAINED TITLE TO THE OPE TY AS FO OWS: Date_ 0 3 G ©g Claimant ~ lP fil / / [~ ~NBK ~ ~~TUG 1~4,0~ GI State. of Pennsylvania: County of Cumberland /'~~1ij ~r ,~/`J being duly sworn according to law, deposes and says that the abo a 1e l-the property claim are correct and true. Swo and subscri d to before me 's day of ~~ Notary Pu NOTARIA! SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 ~. Claimant ' ' f y~ ~ Office Lease This Agreement of Sub Lease made this day June 3, 2008 by and between Bink Partnership (the lessor) and Stolen Moments Photography (the lessee). The lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease to the lessee, the Eastern-most entrance and the rear of the current premises as located at 133 South 32nd Street, Camp Hill, PA 17011, as follows: Full width of the rear building, interior measurement 20'10 3/8" to face of demountable wall, totaling approximately 509 square feet gross. Included are two offices currently demised. Rent shall be apportioned Total Building Rent, no more than the percentage of the total area occupied by the Sub-lessee as a portion of the building gross floor area (including basement), approximately 4000 square feet. Said Total Building Rent is currently the amount of $2,500.00 per month, therefore the sublease area of 500SF divided by 4000SF total equals 12.5%, or $312.50/month, due and payable on or before the first of the month in advance. Renewal shall be automatic and subject to annual increases of the consumer price index as a minimum basis for escalation of the rental amount. Sub-Sublease is not acceptable. The lessee agrees to pay apportioned costs of building and grounds service, maintenance and repairs; taxes; insurances; and utilities (triple net). Inspection of the premises shall be the right of the Lessor. In witness thereof the parties have executed this lease: Lessor: Bink Partnership June 3, 2008 Harrison F. Bink Lessee: Stolen Moments Photography June 3, 2008 Tammy Brinkley _~ C`3' 81 ~S d € - X30 $QOt R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor ~°~`~t~ of ~urr~~~r~~ , ~d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Madden Engineering Services, Inc. vs Bink Partnership Writ No. 2007-4239 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by M & T Credit Services, LLC, pertaining to Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, M & T Credit Services, LLC, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: ~Gr,~d' ,r,~~ ~~ Tho s Kline, She 'ff By cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. M & T Credit Services, c/o Harrison Bink, Claimant PROPERTY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. X007- 439 --~~4~- 'The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE ~vr~i~re ~ see. ~1~~vcl eat ~st~ ~-~lv/e ;4 ' //D. ~ Date O /? 9eC ©8 Claimant /~~T ~r~ ~ ~i'Y//cam , G L ~, State. of Pennsylvania: being duly sworn according to law, deposes and says that the G/ `~- Claimant County of Cumberland '~"3 o ® , l CERT1FICATE OF ACCEPTANCE For Equipment Lease Dated Lessor's Name: M8~T Credit Services, LLC Attn: Phfl Casciano Address: 4925 Main Street, Amherst, NY 14226 Phone: 610-694-8848 Fax: 610-694-8849 Lessee's Name: Bink Partnership, Inc. Attn: Harrison Bink Address: 133 South 32nd St., Camp Hill, PA 17911 Phone: 717-737-0402 Fax: 717-73T-0442 QTY. EQUIPMENT DESCRIPTION (MANUFACTURER, MODEL NO., SERIAL NO., ITEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (d dNrerent firom Lessee's address above): Vendor Name/Address: Knoll, Inc. 8 POSE Commercial Interiors Lessee hereby certifies that as of this date the Equipment described above has been delivered to and accepted by Lessee after complete inspection and testing, is correctly described in the Lease (with the exception of serial numbers which if omitted now may be supplied by Lessee in the future by telephone and insetted in the description by Lessor or Assignee), is in good working order, and is satisfactory to Lessee in all respects. Lessee reaffirms that Lessee's obligation to pay all amounts due and to become due and perform all other obligations under the Lease is absolute and that any recourse Lessee might have in case of any nonperformance, unsuitability or other failure of the Equipment shall lie with the manufacturer or vendor and in no case with Lessor or Assignee. Information Sharing Notification Consent Form Unless I check the box below, 1 authorize you to make available to your affiliates and others any and all of the information, inGuding any credit report, that you have obtained in connection with my application or may obtain in the future. I understand that I do not have to authorize the sharing of information about me to obtain credit. ~, ! do not authorize you to share information, other than information which you are permitted to share bylaw, with others. Date .~~;~-.~J` 20 LESSEE named a e: ay: a ' on F: nk President Idle {If Corporation, President or Vice President should sign and give official Title, if Partnership, General Partner, if Limited Liability Company, Member) ~- EQUIPMENT LEASE Lessor's Name: M8~T Credit Services LLC Attn: E ui ment Leaain Address: 4926 Main Street, Amherst, NY 14226 Phone: 610-694-8848 Fax: 610-694-8849 Lessee's Name: Bink Partnership, Inc. Attn: Harrison Bink Address: 133 South 32nd St., Camp Hill, PA 17011 Tax ID #: 26-0000143 Phone: 717-737-0402 Fax: 717-737-0442 Corporate ID #: 3042914 Lessee is: ®Corporation ^ General Partnership ^ Limited Partnership ® Organized in Pennsylvania ^ DBA ^ Other (Specity) ply. EQUIPMENT DESCRIPTION (MANUFACTURER, YODEL NO., SERIAL NO., ITEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (>f different from lessee s address above): Vendor Name/Address: Knoll, Inc, & POSG Commercial Interiors Tem- & R®ntal Payments: Term 60 mos. Rent Commencement Date: RENT PAYABLE PAYMENT NUMBER i AMOUNTS ADVANCE PAYMENTS RECENED BY LESSOR ® Monthly ^ See Schedule Periodic Rent 60 at $ 189b.98 Plus a Final Payment of $ 1.00 ^ One ®Two at $ 1895.98 tD be applied to: ^ First Periodic Pymt. ®First & Last Periodic Pymt. Sales Tax Status: ®Plus Sales Tax ^ Tax Exempt ^ Sales Tax Has Been Prepaid LEASE. By signing below and tendering advance payments to Lessor, Lessee hereby offers to lease from Lessor pursuant to all the provisions set forth in the following pages, the personal properly described above together with all substitutions, replacements, repairs, upgrades, additions, accessories, attachments, products and proceeds (the "Equipment'? and authorizes Lessor to obtain cred'R reports on Lessee and each proposed Guarantor. Lessor by signing below accepts and hereby leases the Equipment to Lessee. Unless expressly stated otherwise, all references to Lessor shall be deemed to include applicable Assignees of Lessor. Lessee's obligation to pay Rent to Lessor is absolute and unconditional and shall not be subject to any abatement, deferral, reduction, defense, counterclaim, setoff or recoupment for any reason, including without limitation any claim against the manufacturer or loss of possession or use of the Equipment. Lessee agrees to provisions on the following pages. THIS LEASE CAN BE AMENDED OR MODIFIED ONLY IN WRITING. THIS LEASE CANNOT BE CANCELLED. Accepted on 20 _ Date 20 V M8<T CREDIT SERVICES, LLC By: Philip A. Casciano rrt~ LESOE Ha nk President rue (If Corporation, Presid or Vice President should sign and give otffaal Title, if Partnership, General Partner, if Limited Liability Company, Member) GUARANTY. Pursuant to the provisions set forth in the Guaranty set forth at the end of this Lease, each guarantor jointly and severally guarantees payment and performance of all obligations which become due under this lease. f . ~~ Guarantor Signature Date Gua i lure Date Guarantor Name: Guarantor Name: Harrison F. Bink Guarantor Signature Date Guarantor Signature Date Guarantor Name: Guarantor Name: SEND PAYMENTS TO: M&T Credit Services, LLC, Attention: Commercial Loan Operations, P.O. Box 1358, Buffalo, New York 14240-1358 ~ ~ SCHEDULE "A" Equipment List for: Bink Partnership, Inc. 133 South 32"~ St. Camp Hill, PA 17011 Furniture 1-54x24 Work Surface/1-87x24 Work Surface/ 1-Pencil Drawer2-Floor Standing PadestaU 1Calibre Lateral File/1FIat Bracket for 24" Work Surface/ 2-Deask Erd Unitsll Intermediate End Units/5 Galilee Lateral Files/5 side Letter Tray Double/ 5 Bus. Card Holder/ 5 Pencil Cup/ 9Work Surface Support/ 4 Series 2 Steel Front Display/ 1 Series 2 Front Display/ 4 Series 2 Steel Front Displays/ 12 Full Depth Shelf l 5 Self for Propeller Training Table/ S Orchestra Lad Bar/ 10 Stanchion for single Tab1eJ 4 Propeller Privacy/ 5 Wire Mang. Through 32"/ 5 Wire Mang. Through 55"/ 3 Monolithic Panel64x24/ 4 Tiled Pane164x24/ 4 Tiled Panel 64x3611 Tiled Pane164x42/ 3 end trim hook strip/ 2 Wall Starter/ 5 Ceiling ChanneUl Caddy Clip/ 5 Beam Bracket/ 5 Beam Bracket for Stacking Module! 14 Stabilizer Brackets/ 1 Hookstrap Cover/ 5 Rolling Door Floor to Ceiling 79x36/ 5 Threshold for Rolling Door/ 4 Stackable 15x24 Window Panels/ 4 Stackable 15x36 Window Panels! 1 Stackable 15x42 Window PaneU 2 Wall Starters/ 4 Floor to Ceding Window Module 19 '/. x 24' % 9 Floor to Ceiling Window Module 19 '/. x 36 Type A/ 1 Floor to Ceiling Window Module 19 '/.x42/ 2-Floor to Ceiling Straight lip Open Office Exit/ 3-Floor to Ceiling t Post 102 z"/ 5 Work Surface Straight 66/30"/ 4-Worlrsiaface Straight 66/24"/6 Side Letter Tray/ 5 Bus. Card Holder/6 Pencil Cups/ 11 Work surface rein 60"./ 7 Work siaface vein 72"/ 3 Series 2 Steel Single Door/ 3 Series 2 Steel Single Door/ 3 Series 2 Single Door Cab/ 3 Series 2 Single Door Cab 62x24"/ 3 Series 2 Single Door Cab64x24/ 18 Full Depth Shelf 24x22"/ 2 Eero StooU 4 Privacy Screen Clamps! 5 Shelf f~ Propeller Training Table/6 Orchestra Load Bar for 30" Stanchion/ 12 Stanchion for single Table/ 4 Propeller Modesty and Privacy Screen 89x18"/ 6 Wire Mang. Trays32/ 5 Wire Mang. Trays 56" / 6 Wire Mang. Trays 96'Y2 Tiled Panel 64x24/ 2 Tiled Panels 64x24! 8 Tiled Panels64x36/10 Panel hook up Strips/ 8 Wall Starters/ 6 Ceiling Channels/ 6 Beam Brackets/ 10 Beam Brackets fro Stac~ang Module/ 16 Stabilizer Brackets for A or C Window/ 2 Rolling Door Floor to Ceiling 79x36/ 2 Rolling Door Floor to Ceiling 79x36/ 4 Threshold 96"/2 Stackable Window Pane115x24/ 8 Stackable Window Panel 15x36/ 8 Wall Starter 9H/ 2 Floor to Ceiling Window Module 9x24"I 14 Floor to Ceiling Window Module 9x36"/ 4 Floor to Ceiling Straight Line 92"/ 2 Floor to Ceiling Straight Line 92"/ 2 Floor to Ceiling VPost/ 1 Farrel Doar 35'%1 Panel Door 36' % 2 Worksurface Straight 100x 30"/ 4 Wa~rksurface Straight 102x 30"/ 1 Worksurface Straight 66x36"/ l Worksurface P-Top 59x36"/ 2 Worksurface Curvilinear Wave 60x30-36"/ 4 Worksurface Straight 60x2412 Worksurface Straight 66x24"/ 6 Wire Mang. Trays/ 6 Bud Vase) l Series 2 Steel Front Display/ 4 Series 2 Steel Front Display 64x24 with lock/ 3 Full Debth Shelf 24x22"/1 Rectangular Replacement Leg Kit (2~I20 Rectangular Replacement Leg Kit (4y Acc~ted By LESSEE NAME: Bink Partnership, Inc. Lease Number: BY: ~~it~~~~/~/ v arrison F. Bink TITLE; esident DATE: 1~ ~iiuk Partnership, Inc. 133 South 32'°~ St. Camp Hill, PA 17011 Attachment to Equipment Lease Dated Authorization To Pay Pursuant to, the above referenced Equipment Lease Agreement the Lessee, Bink Partnership, Inc. Hereby authorizes and directs the Lessor, M&T Credit Services, LLC to disburse Lease proceeds as follows: Checks Payable /MAIL VIA OVERNIGHT DELIVERY MAIL DIRECTLY TO: 1.) POSG Commercial Interiors 309 South 10u` St. Lemoyne, PA 17043 Attention: Linda Til Phone: 717-763-4793 2.) Knoll, Inc. 1235 Water St. East Greenville, PA 18041 Attention: Erica Wheeler Phone: 215-679-1903 Lessee Name: Bink Partnership, Inc Lease Number: By: rison Title: ~' tom-, President Date• ,> MEMO Date: 3/1/05 From: Philip A. Casciano 610-694-8848 To: Sandra Plesic - Bink Partnership, Inc. Subject: Documents for equipment Lease on New Office Furniture I need you to sign anc~ return thgfolloyying,~,emgvia Overnight Carrier to: Phil Casciano M&T Credit Services, LLC 4175 Walter Rd, Bethlehem, PA 18020 Checklist 1.) Check for: $4,019.48 made out to M&T Credit Services, LLC, this payment Equals First Payment of 51,895.98 + 5113.76 (6% PA Sales Tax) $2,009.74 + One Payment of Equal Amount. / 2.) Signed Lease, (First Page two Places) Sign & Date as Marked ~/ 3.) Signed Certificate of Acceptance, (DO NOT DATE) / 4.) Schedule "A" List of Equipment (Sign and Date) 1/ 5.) Authorization to Pay (Sign and Date) 6.) Legible Photo Copy of your Drivers License or Documents must be signed / in the presence of a Notary and Stamped accordingly. ~/ 7.) ACH Account Letter, (Optional) .1~ d Make sure that you check off each item before you return the package tome. When I receive your documents, I will notify the vendor that payment will be sent when the equipmenrt has been installed and you have accepted it. Please.Check over all Documents for anv errors, any corrections must be initialed. Please make copies of all executed documents for your file. Thanks, Phil up ~ Gt>11.1~ ~ ?~ C3~'Z /U/lJr~-- T?f1-f `7Z~ /7'1/2. lg~/Ul~ ~S'O /~ ~'~ S / ~ E~1.d~I'~ iN ~ ~-O .S 6 ..~' ~ ~ CcT 17" ~- ~'~' ~r~~2~ 7~"s Dot-' ~' ,t.~xT c~.~'rX. ~,~r' ~~ <~y~L6' ~m~~ S~ ' 7~/~ !~E ~rr'TS 7'~h d G/~Z~ LIJT J I~'~I ~ ~ ~- MEMO Date: 3/1/05 From: Philip A. Casciano 610-694-8848 To: Sandra Plesic - Bink Partnership, Inc. Subject: Documents for equipment Lease on New Office Itirniture ~ need,y_ou ~,o~i~,gnd return the followin8 item~,c~~~~~1°~~.~~:a;~;~~, .:K ~~..,,,ie,:,~,g= Phil Casciano MST Credit Services, LLC 4175 Walter Rd, Bethlehem, PA 18020 e ist 1.) Check fore ~ t.,(Ii~.~-~ ~aza!~e ,~eri tc- l~A~tT Crerlsi Sc.~~~icc:c9 l.,I:,C"., this payment Equals First Payment of 51,895.98 +.5113.76 (6% PA Sales Tax) 52,009.74 + One Payment of Equal Amount. ~/ 2.) Signed Lesise, (First Page iwo Places) ~i8~. ~ i~~;~ a~ Iz~iBpl~e . 3.) Signed Certificate of Acceptance, (I)a I~1QT F3r''',TE) 4.) Schedule KA" List of Equipment (Sign and Date) 5.) Authorization to Pay (Sign and Date) 6.) Legible Photo Copy of your Drivers Lfcense or Documeuts must be signed / in the presence of a Notary and Stamped accordingly. / 7.) ACH Account Letter, (Optional) _~ Make sure that you check off each item before you return the package tome. When I receive your documents, I will notify the vendor that payment wi11 be sent when the equipment has been installed and y~ have accepted it. Please.Check over all Documents for anv errors. anv corrections must be initialed glease x,~ke copies of all e~.ewt~t~:d_documents for your file. Thanks, Phil ~ ~ ~ (N t tc-- /`-tz7p '7~ ~(.E~2 IUllntj~- 77 ~?f ?2~ /J'1/2. l~'i~U~~ ~S'D f ~' C/~,3 S/ 6~ ~L6~l~f ~/v ~ ~aD .S ~s -.~' C ~ C,c-7' it ~-- ~~''~' ~rr~2t/ ~7~.~'"5 0~'' Gam- ~'~T c~C. C~r ~I` ~:I'~C~lt ~eC~~Ss ~ ~ , EQUIPMENT LEASE Lessor's Name: M>RT Credit Services LLC Attn: E ui ment Leasin Address: 4926 Main Street, Amhentt, NY 14226 Phone: 810.694-8848 Fax. 610-684-ti848 Lessee's Name: Bink Partnership, Inc. Attn: Harrison Bink Address: 133 South 32nd St., Camp HIII, PA 17011 Tax ID #: 2B-0000143 Phone: 717 737-0402 Fax: 717 737-0442 Corporate ID #: 3042814 Lessee is: ®Corporation ^ General Partnership ^ Limited Partnership ^ DBA ^ Other (SpecKy) ® Organized in Pennsylvania QTY. EQWPM~IT DESCRIPTION (MANUFACTURER, MODEL NO., SERIAL NO., REM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (~fdlAb-enthom Lessees address above): Vendor Name/Address: Knoll, Inc, 8 POSG Commercial Irrterlora Tenn 6 Rental Payments: Tenn 60 mos. Rent Commencement Date: RENT PAYABLE PAYMENT NUMBER i AMOUNTS ADVANCE PAYMENTS RECENED BY LESSOR ® Monthly ^ See Schedule Periodic Rent 60 at S 1886.98 Plus a final Payment of a 1.00 ^ One ®Two at $ 1896.98 to be applied to: ^ First Periodic Pymt. ®First l~ Last Periodic Pymt. Sales Tax Status: ®Plus Sales Tax ^ Tax Exempt ^ Sales Tax Has Bean Prepaid LEASE. By signing below and tendering advance payments to lessor, Lessee hereby offers ~ lease from Lessor pursuant tD all the provisions set forth in the fotiowing Pages, the personal property descrbed above together with all substihltbns, replacements, repairs, upgrades, additions, acx:essories, attachments, products and proceeds (the 'Equipment") and authorizes Lessor to obtain credit reports on Lessee and each propped Guarantor. Lessor by sigNng below accepts and hereby leases the Equipment to Leases. Unless expressly stated otherwise, all references to Lessor shall be deemed to indude applicable Assignees of Lessor. Lessee's obligation to pay Rent to Lessor is absolute and unconditional and shat not be sub~ct to any abatement, deferral, reduction, defense, oourtterdaim, setoff or reooupment for any reason, inducting without limitation any Beim ~ainst the manufacturer or loss of possession or use of the Equipment. Lessee agrees to provisions on the following pages. THIS LEASE CAN BE AMENDED OR MODIFIED ONLY IN WRITING. THIS LEASE CANNOT BE CANCELLED. Accepted on , ZO Md~T CREDIT SERVICES, LLC By: Philip A. Casciano rrtle Date ; ,Pp - .+. LESSEE named above: By: Harrison F. Bink Presklent (lr Corporallon, President or vloe President should sign and ghre , ° ~ ~ _ ' ° • ° . ° lltle, if PaNrerahip, General Partrter; K limited Uadliy Company„ r ~ ° • , .. . GUARANTY. Pursuant to the provisions set forth in tine Guaranty set forth at the end of this Lease, each guarantor jointly and severely guarat ~ . ° ° payment and perfonnanoe of all obligations which become due under this Lease. Guarentor Signature Date Guarantor Signature Data ° °°. Guarerrtor Narrre: Guarantor Name: Hanison F. Bink Guaren~rSignature Date Guarantor Signature pate Guararrtor Name: Guarantor Name: SEND PAYMENTS TO: MB,T Credit Services, LLC, Attention: Commercial Loan Operations, P.O. Box 1358, Buffalo, New York 14240-135t3 1. Term. The base term of thb lease shall begin on the date Lessor accepts this Lease (the Aonepianoe Date ,shah oontlnue for the number of months shed above and end on the last da)r of the month oovaed by the Last Psymerrt shown above (the ~arm~. Lessor is autl~orFaad to fill in any marks above upon reoetpt of the Cerbflc~e of Acceptance. Any interim or renewal tens shah be governed by this lease but duration shall be s(sp~ably 7®r~d upon. 2. Rsrrt; Late Charge. Lessee agrees tD pay directly to lessor the rental payments shown above or on an equipment schedub entered hsreurder bp~eU~r wNh aN other amourts which may beootrre due urxler ihb Lease, vrittwut lirrr'trrtiorr aN coats of trar~rtadon and delivery of the E,uiprrrent, ad fazes, hrterirn rwrt, MMite charges, prerrrkrrrks~ana experaes of any kind irxuned Lessor in documerrtirg or or workout of this lease indudffrng~ but not Nrrriled m coNedion costs and altomeya' lees ( s tees no~eucoeed a maximum of 50% the amount currently due) and disbursements whether for internal or external counsel (the "Re .The first instaNment of periodic (tent shall be due on the later of the Acceptance Date or a later date assigned by Lessor ("Rent Comrrrenoerrrent Dale. AN Rent shah be paid witlwut notice or dsrrrarrd. H any Rent b rrot reoesred vriUdn ten (10) of the date due or demanded, lessor or Assignee may charge and lessee shah be obligated to payable charge equal to the greater of 620.00 or 596 of the deNnquent anwunt or such breor amount pemrNbed by law. 3. Purohase Option. Unbss agreed othenMae in a rider to this Lease, lessee shah have the option to purchase the Equ~ent upon expiration of the Lease upon payment of 31.00 to Lessor. This opton shall be suspended during the extstenoe of any Evert of Default. 4. irrtsreat on AacaMrabed Payrnsrrt. N upon err Event of Default Lessor aooebrales the renrairrirtg IZerrt, Lessee shah pay Uo Lessor, in addilton M the foregoing premixn and aN oflrer amourrta due upon aoosbrafion (the Accelerated P.yment"), interest on the amaurt of the Accebrated Payrnertt aoauirg from the date of accebratlon urdN payrnsrR b received b~- Lessor at the rate of two percent (296) per month. In any event, however, Lessor and lessee do not intend any portion of the t to constitute interest nor for Lessee to pay ir><erest in excess of the maximum rate perrrritled by law, and any amount paid under this Lease which is deemed by a court having proper jurisdk;tiion to lie excxssive interest shall be deemed a mtatake and returned forthwlth to Lessee. 5. DMdalrrrse' of Warrarrtles; Lessee's Oblfaaliprs. (LF~SSEE ACIO~IOYN.EDGES THAT FOR Pl1tiPOSES OF UCC ARTIq.E 2A THIS IS A STATUTORY FSIANCE LEASE AND CiF~R NOR A IS AN AGENT OF THE MANUFACTURER OR VENDOR OF ~P ~~ OF T~ EQUIPMENT; (3)~(.ESSOR DWILL ~ AEQUI~ OR THE ~GHT T E~SSANE OF EQUIPMENT IN CONNECTION WITH ANY LEASE DESCRIBED HEREIN AT THE SPECIFIC REQUEST OF LESSEE; (4) LESSEE HAS SELECTED OR WILL SELECT ALL EQUIPMENT AND ALSO THE MANUFACTURERS AND VENDORS OF ALL EQUIPMENT; (~ LESSEE DIRECTED LESSOR TO ACQURE Ttfl: GOOOS OR THE RIGHT TO PC~SSION AND USE OF T'FE GOODS, OR LESSEE HAS BEBd INFOFtIYED IN WRITING OF THE DENTiTY OF VENDOR; (6~ LESSOR IS NOT AN AGENT OF ANY MANUFACTURER OR VENDOR OF ANY EQUIPMENT; AND ((~~ LESSEE SW1Ll. RECENE AT LESSOR'S OPTION BEFORE LESSEE SIGNS THE APPLICABLE SCHEDULE FOR THE EQUIPMENT EITFIER (a) AN ACCURATE AND COMPLETE SUirNAARY OF THE PROMISES, WARRANTIES, DISCLAIMERS OF WARRANTIES, LIMITATIONS AND MODIFICATIONS OF REMEDIES AND LIQUIDATED DAMAGF~ PROVISIONS PURSUANT TO WHICH THE EQUIPMENT HAS BEEN OR IS BEING MADE AVAILABLE TO LESSOR BY THE MANUFACT1JRBi OR VENDOR SELECTED BY LESSEE OR (b) A COPY OF Tt1E CONTRACT PURSLANT TO VNiICH TFE EQUfPMENT FIRS BEEN OR LS BfJNG MADE AVAILABLE TO LESSOR BY THE MANUFACTURER OR V9~IDOR SELECTED BY LESSEE, LE88EE FUR71i~ ACKNdW1.EDQE8 THAT R E 8ATISFlED 7HAT 7?IE EQIPNENT IS 8UITABL.E AND FiT FOR LESSEE'S PURPOSEl3. LESSOR AND ASSIGNEE MAKE NO WARRAMY EITHER EXPRESS OR IMPLIED, AS TO, WRHOUT t.SAffATION, T'I~ EQUIPMENTS QUALITY, CONDI110N, MERCHANTABILITY, DESIGN, CAPACITY, WORKMANSHIP, PERFORMANCE OR FITNESS FOR ANY PARTICUTAR PURPOSE. No defect or unault~iNly of the Equ~mer>t or delay in delivery shall relieve Lessee of the obNgabon to pay Rsnt or arty atlrer abli~ion under ttds Lease. Lessor haroby assigns bo Lessee ary irMerost it may have rn ~' warranibs, vAriCh Lessee may enforce Tn Lessee's rtarrre and at Lessee's aok eoq~snse. Lessee (mows it may have rigflts under any verxior purchase doamrertts andnncyyan oordac# the venbdo~rlltpa!nay'.efeodriangders~aiip~don of such rigtlts. () peroon 6. LesswD IN AC'COR ~E WITH THE THE L.AW3 OF TFIE STATE OF NEW YORK N(3 VYITHOtiT LIM ON UCC ARTICLE8 2A AND 9 AS APPROPRIATE AND SHALL BE DEEMED AND EXECUTES AND PERFORMED IN T'HE STATES OF NEW YORK AS OF TitE DATE OF 71SS LEASE, (b) waives obJsclion m the bying of venue, (c) vraives personal service of and subpoenas, (d) cror>sarfs b the service of process and subpoenas by registered or tied maN, P~9e i ~ velum reoarequeeted directed to Lessee's last known address, with such service deemed complete flue (5) cwierrdar days after maAir~, (e) wairbs any riDhi: to assert any ccuntercbim or setoff or any defense based upon a statutebroof NgmitaBons or a claimbyof lades, (fl w(agi)ves its right to altadc an final ~'~d~g~~nt b~~benforoed by aey court havin urbdkltion.~L.ESSEE WANES~ANY ANL 1tIGtiTS AND~1tEMEDI S CONFERRED BYI IICC A~RTI(.LE2A SECTIONS 505522 IN(:L~MIG WITi'tOUT L~TATiON M1Y RIGIiT3~_(aZCA1~K:EL OR REPUDIATE Ti~E LFJI.SE, roARRANTY OR FRO ~ OTFfl=R REASON~ (( (xJUME~A 5~~~ c) INTEREST IN ANYC~SREJEC7ED EQU~ENT IN LESSEES POSSESSION OR CONTROL, (e) DELKJCT FRO RENT ALL PART OF ANY CLAIMED DAMAGES RESULTING FROM LESSOR'S t>£FAULT UNf~R THE LI.ASE, (f) ACCEPT PARTWL DELIVERY OF THE EQUIPMENT, (g) COVER BY MAKING ANY PURCHASE OR LEASE OF SUBSTITUTE EQUIPMENT, RECOVER FROM LESSOR ANY GENERAL, SPECIAL INCIDENTAL OR CONSEQUENTW. DAMAGES FOR ANY REASON yyFtq~ AND W SPEgFlC PERFORMANCE, REPLEVIN bit THE L.fl~ FOR ANY OF THE EQUIPMENT. Lessee abo waives any right granted by staLule or aflrerwiae lt may have now or in the future M regrrke Lessor to sell or re-lease the Egtdpment or otl~erwiae ~ mitigelte damages. Lessor (by entsrirrg into a Lease with Lessee)) and~ each Assignee and abo each Lessee signing bslaer (together with each such lessees, successors and psnMttsd assi~s), ~Y (a) waives all right to a trial bl- Jury in any action or proceeding ofmy kind vrfrstirsr di~y or Indlr+eWy arMing on, out ot, under or by reason of or dirscdy or indirscdly rslatl to any Mass rehrnd bo or dsacrWsd Fraeakr orarry traraaetlon dY~tly or irdnctly rslalsd bo any such Mass or this Lease and (b~agress that S sfaR not seek to eanolidats any sr<retr action with any olhsr action M wNch a jury trMl cannot be or fas not i~sen wafwd. The prawafons d tlrM sragre shall bs srrtrJrct bo no exceptlorrs. NsNtrer lessor nor any Lessee Irss agreed with or rspresentsd bo the otlrsr Drat the provbto ~ of thM paragraph will not be fatly enforced in all irrsdirwss. Each Lessee signing balsa acknowledges that this vratver may deprive it of an important fight and that this waiver has been knowkrgly and voltsrrladly agreed to. 7. Risk of I.c~. lessee assurv3s the ergire risk of toss to the Equipment. lessee shah advise l essor in carding prompty of the c~rcxanstanoes and extent of ark damage. If the Equipment b ineparabN damaged, bat, stobn or taken by eminent dome or rwise, lessee shall, at Lessors opton, (a) replace it wlth hke equipment apprroovveead by t.assor and transfer title to the roplaoement item to Lessor, or (b) pay to lessor aN Rent due and to become due, bss the r>at amount of any recovery adusily received by t essor from insurance or othervrise discounted at a rate equal b fire (5) petcerrt. When, in le~ars sob discretion, the can be repaired. Lessee shat at ifs eapawe effect such repairs as Lessor deems necessary for crompiarros wNh this L.,sase. rry~krecrrarroe proceeds lessor reoeires for repair of tlr~e i-~~idprrwrrt shah, at l.essa's option, be paid either directly fp the party oompbting the repairs, or to reirrrburae Lessee for the cyst of such repais; provided, however, that Loaaor shah have no obligation to makpepayrty payment urdN receipt ofyrer~veird~enoa satbtaday to Lessor that such repairs have bean comPleted• and further provided that lessor may oftime or notioep~, or~both, virouaki become an Event of Defau~ Lessee shalancd be continuing an Evert ot~ Default or any event which with IaQSe Po Lessors request, urrdartake, by Ntigation or olfrervrise, b 's rrarrre, the coNecdion of any lain agair>st arty person for such loss or , but lessor shall not be obligated to undertake the coNecltion of arty such claim. B. Repress one and Warranties of Lasses. Lessee represents end warrants to Lessor that: Lessee's bgal name and the address of its chbf ~LceEnn' a ~p~{~;e given on page 1 are complete and correct and Lessee has attached a rider containing any assumed names or other boNons for Ceww's business; this Lease has been executed by Lessee's authorized representative; Lessee is duly organized and in good standing under the laws of the state in which k was fom-ed and duly autlrorized to do Mrsirsss in each jurisdictlon where faiirre to be so authorized might have a material adverse ailed on its financial oonditlon or assets; K has thebgaI ht and power and has taken all necessary corporate, partnership or other action to authorize execution, delivery and perfonnanoe ofNs obNeations under this Lease; this Lease constkutes a valid obligation of Lessee enforceabb in accordance wkh its terms; and execution, del ery and performano of this Lease will not violate the terms or constkute a breach of any law, regulation, court order or agreement to which Lessee is a party or by which k b bound. 9. Busirrew Use: NAahrbrarros. Lessee at its sob expense shill cause the Equipment to be mairlaired in good repek socordirg b the manufacturers ns. t:ewee shah use the Equipment only FOR BUSIN SS rURPOSES, in compNanoe with law, and in the manner for which k was~and irdsrrded. 10. Insurence. Liability insurance coverage for bodily Injury and property damage b not included as part of the Lease. Lessee is responsibb for and shall maintain at aU times property damage, fire, theft and_ comprehensive insurenoe for the full replacement value of the Equipment wkh tinder bas payable provisions in terror of Lessor as ib interest ma appear and mafrrtain public IfabUity insurance naming Lessor w additlonsl insured, ell under poNdes which require ten (10) days' prbr wrNben notiaoe bo Lessor of any drange or canoeNaf3on and otherwbe inform, substernoe arxl amount, i-duding deductibles, and iwued by insurers wtisfactory to Lessor. 11. Taxes and Costs. Lessee shall pay aU appliobb personal property, sales, use and other taxes whether or not stated on the Scl~edub (inducting wthout Nmitotion any amounts due pursuant to increases In rates ettective during the Tenn), license and registration fees, aawwmenta and other government charges, however designated, based on the Equ or the Rent or upon the ownership, rental, operation, rrrdrrtenanoe, repair, rodun or otlrer diapaitlon of the Egrriprrrent, or for fi rrg ar repkierirp~ ME~ or perl~secUrg or reoordirg Awigrree's irrtereet, at the rates in sftect from time to time. indudirrg texas mewwed by flit net it of to the eoderd u,at such taxes are weaved in oonnedion wkh the F..gvipnrent in Neu of other govenrrrrental Lessee shah pay aN shippirp and delvery charges and other expenses incurnad in connection with the Equipment and pay aU I~ul dalms which might become a lien on the Equipment. 12. Corr~Narroa. Leases shah with aM govemnrerMal titre, regulatlars, requiemerrta wd rules, inducting wihout tirrrkadon envirorrrrrsntel laws and aN manufacturers operrg inatructlons recd w~rrar~y requirements for fire Equipment, and with the oondNiorrs and r~equiremerrts of aU polidw of irwun3r-oe with reaped to the Equipment and this Lease. At arty tens during business hours, Lessor may enter the premises where the Equrpment is looted, to inspect the Equipment. 13. Lessor's Right to Cure. Lessor may at its option in Lessors sole diacretbn perform any of Lessee's obligations omitted by Lessee, at Lessee's expense payabb upon demand or by satotf against any advance payrrrerrls made by Lewes under this Lease. 14. Indemnity. Lessee shah defend, indemnity and hold Lessor harmless from and against all define, losses, Ifabiiities, damages, judgments, auks, and all bgal proceedings, and any and all costs and expenses including wthout limitation attorneys' fees and disbursements whether for irrtemal or external counseq, arising in connection with this ass or wkh the manufacture, purchase, ownereh~, delivery, instaNatfon, salon, use, storage, operation, failure, maintenance, repair, return, repossession or other disposkion of the quipmant, inciudit~g ut lirrkation chins for injury to or death of persons and for damage to properly. Lessee ahaq give Lessor prompt notxre of any such chin or liability. Lessor, at Lessors option, may require Lessee to undertake at Lessee's sole cost (subject to periodic consultation with Lessor) the defense of any lain, proceeding or other action which Lessor is entitbd to indemnity herouncbr. Lessee further agrees that k shall not enter into any settlement of arty claim, proceeding or dher adios subject to indemnNy that would in any manner create any obligatbn or duty upon Lessor or IimK arty of Lessor's rights rwithad first obtaining the prior express written of t essor Ureroto. 15. Locekion. Lessee shah not ronwve the Equipment from the equipment,location specified above without Lessor's prior written consent Unbss Lessee purchases the Equipment upon the early tenninabon, expKation, termination or onceliation of this Lease, Lessee shall, at its own expense, delhrer the Equipment in good condition, ordinary wear and tear excepted, at a location wthin the Untied States designated by Lessor. 16. FhtrurciN Staisrrrsrps. Lessee shsN maintain a system of accourks in accordance wr~h generaNy accepted accounting principles corrsiabntly appped, and deNver to Lessor on request a statemert of income and cash flows and a txdwrce sheet w of the end of Ns most reoert fwcal year prepared in aoooni stela c~h gerreraNy accepted soooundng prindpbs and oerNlbd by Lessee's d~ef financial ofNoer, audked and oertiRed by an independent public accountant acx>eptab to Lessor, to be Domed and complete in acxord wkh Lessee's records and to present fairly the resuks of Lessee's operations and cash flows and its flnandal posUion at year end. 17. Preservatlon of Levee's Exbbrroe and Buskrsw. (a) Lessee wry prewrve and keep in fuN tonne and stied Lessee's eudstenoe, rights, titaness and irenchises and those of any sul>sidisrtw rreoessary and material to Lewes's and arrbsidary's operatiorra taken w a whob; and (b) Lessee wUl not make or pemrk b be made arty material grange it the clrarercter of Lewes's busirrew or operatiorra. 18. Tfds; Plc Other' Liens; Security Interest. in the event that this transaction shall be determined to be somelhirg other than a "True Lease", Lessee hereby grants to Lessor and any Assignee of Lessor a oonflnuirg security interest in aU of Lessee's right, title and iMereat in and to the Equ neat, together with arty and ell proceeds of the Equipment or other tangN~le or irrtengible property of Levee resultlng from the sale (autho or unaulhorraed) or other dtlispoeiNon of the Fgrrfpmert. Lewes 5sitrer agrees acrd ooverrarrls not to create or penrrit any Nan or otlrer erxurrbrerrce upon the Equipment or tlr~iss Lease otlrer Uran Lessors interest, and agroes that K Lessee brearires this oov~enarrt I~eseor may canoe) tlris Lease. Lessors ownerstrip interest b !tiled Equipment ahaA not be impaired though Lessee's name may appear on the tUle cerNflcwte. 19. Quiet Enjoyment; Equipmsrrt b Personalty. So bng w no Event of DefauN shah have occurred, Lessor shall not interfere wUh Lessees quiet poswwbn and use of the Egri~pment in aooordance with thra Lease. Lewor and Lessee e~gree that the Equipment ahaU remain personal property. Lessee will obtain, at Lessee's sole cost and expense, and deUver upon Lewors request any landlord and morfQagee Waivers In recordable form, satlsfadory to Lwsor, tram al parsers dainrirg any interest h ttw real properly on which Ure Equipnrerrrt b locatied. 20. Events of Deland! An avant of defauk ("Event of Default? wNl have oocurned if (a) Leases bile to pay any Rent within tan (10) days of the date due whether by acceeretion or othenndse; (b) Lessee or arty Guarantor of thiiss Lease (s "Guarantor") breaches or taiL~ to pertonn when due any obligation under this Lease or any other agreemrent wkh As~nee; (c) any of Lessee's debt b accebreted or an event occurs which after notice or lapse of time or both would permk such acceleration; ( Leases or any Guarantor is diwotved, suspends ks present business, agrees to a rrrergre or atl~er absorption or to transfer or atherwbe dbpose of srrbstar~aNy aN of Us assets, makes ~ sends rx>fioa of a buk sat, becomes itsokrent (however such insolvency is eviderroed), generaNy fait to pay its debts w they beoonre due, faNs tp pay, wNhhold or cdbd arty taut ~ roquied by law, has served or flbd against k or its assets arty lien not pennNted above or has entered agair>st k or Us Guarantor or assets any judgment, order or award; (e) a receiver or similar trustee k appointed fa Lessee or ks Guarantor or assets, or Lessee or any Guarantor makes an asaignmeM for the benefit of crodkore or commences or has caYm~enced against k a proceeding pursuant to any bankruptcy law; (f) any representation or veins made b this Lease or related documerna or financial or other statements provided by Levee or any Guarantor proves to have been " or misleading in any mawhsrial respeut wires made: or (g) any pension Man of l~eseae or Guarantor 1aNs to with a law or has vented unfunded ~ that, in the opinion of Lessor might have a materiel adverse ailed on arty Lessee's or Guars s abNky to repay its debts. 21. Rerrrsdles~, Irtxrrediatey upon the oorxarerroe of any Event of Defauk, Lessor may, wihorrt rrofioa a demand, take any or sN of the foiowirrg s~s~ (" carrost the lease, ratairt ai Rarrt, and requ"a+e Lessee, at Ns expense, promptly to roWm the Equipmsrrt at ouch place ~ Lessi~~~ rye: ro) wNhotrt precast of law, mr6er upon the premises where the EEqquuipment is located arrd take inxnediate possession of the E nt; fine from all chins for loss or damage caused by repossession; (c) declare immediately due and payabb, in ition to all aocmred and unpaid Rent, an amount equal to the present value of all remaining unaccnred Rent, discounted at a rate equal to five (5) percent; (d) sell, re-base or otherwise dispose of the Equ~ment as b or with any cxxmnerdaiy reasonabb preparation, at ppuublic or private sale, in one or more paroNs, upon arty terms, at such place(s) and fine(s) all to such persons, as Lessor deems best, witiwnt demand or notice, Lessee agrees tan (10) brrsiress days writlen notbe if shat be deemed reasonable nofioe: or (e) exercise any other right or in equiy or under appN~le law, ir~rrding wiflrout Yrrt~on~i~ernedies ~ a securod pa~and under 1fie lMiFnrtn Commercial Code. Lessee shay be liable for all -coats and expenses Incurred b~yy Lessor for sob or re-lease, induct r~easonabb broker's oommissfons and attorneys' fees and disbursements, whether for tntemal or ouhrtde counsel. To the extent not prohibited by applicabb law, Leases hereby of ~ ~ny n, inquisition, stay, appraisal or redemption rights which, but for this provision, might be applicable in any sale or rye-base 22. Rerrredies. Lessee agrees that if Lessee should become a debtor,under Tile 11 of the thried States Code, (a) Lessee or its trustee she notify Lessor within no more than sixty (t30) calendar days after the data the petkion is tiled whether Lessee intends to assume or reject this Lease; (b) Lessor shell be entitbd to immediate relbf from the automatic stay to R enforcement of Lessor's rights and remedies under this Lease and applicable law; (c) Lessee consents to the imtmediste termination of the automatk: stay and agrees not to corrtest any motion filed bbyy Lessor for such temr>krafion; (d) lessee agrees that the ezciusive period for it f4 file a plan in barrlvuptctr and sestc aooeptarroes of fire plan w1A tarrrritate on the brat day of the sixtlr month after fire date the pefiion was tied, or such date as spsdfied by the court if d and Lessee shat not seek arty extenson of such , (e) Levee adrris that (f) the Equipment fa not necessary to a plan of roorganizatfon or iquidation, (ii) Lessor has no adequate pro absent foreclosure against the Equipment; (i'ii) the filing of a bankruptcy Petition wiN constiute bad faith if the prinary purpose is to delay a pending foredoaure; (W) Lessee has no defense to Lessor's daim; and (v) any receNsrship pending should be continued. 23. Furfhsr Apraanas. !.setae wiN exerxrte ~ doaxrrsrtts arrd take aN further stiforrs requested by Lessor to protect their interests under this Lease, g wltlrout irniafton Unifurtn Corrrrnendal Code 1ira~taMrrnentssb Lessor b arMhorbed to fib this Lease as a security agroerrrernt in ieu of a fawndng atsterna>t, b tie finanr~ atatem~ the signature of Letaee and to eoaeaite financing staiernents in Lessee's name, lessee wiN p aN costa of filing fins statements with respect to this Lease, int~nrding wkhout Nmitation documentary stamp taxes. Lessee will cause Lessors (Merest in the Equr tpment to be noted on any oertiRcate of file rebtlng to the Equipment. 24. Power of Lessee irnvocebiyr and unoond' appoirris LessarAttomey~ir-Fad to, at any time, in Lessee's name or otlrerwise (a) exenxnta ~ statements r~eNiing Kt the Erprip~r ran (b) execute p~ for oert~cates of tine or notices of ien reletinng to the Equipment, (c) endorse drsdcs, drafts or other irstrurtertts drawn by the i kgsuranoe covering the Egt~pment or (d) erajarte artd delver any writbg and take any other actions either deems necessary or desirable to rfed or protect its interests under this Lease, This power is coupled with an irn~rnst and if Lessee rs a natural person shall not be affected by any sutx;equent disabiliy of L.easee. This Power of not ~gsh~aiabercrytae~d~~trot~L~essop~i~ arP~ ~a~r to ad on Lessee's behalf or in Lessee's interest. lessor Is 25. EnionosabNily. Thb Issas ahai be binding upon L.easee's successors and assigns and shall benefit and be ernfanxabb by Lessors successors and assigns. 26. Lessors NoMNahier; Etc. No course of dealing nor any delay or omission in Lessors exerdse of any right shall cronstitute a waiver of any of is right nor shag a waiver on any are oocresion bar or waive arty right or remedy on arty sr~sequsnt aocasion. No waiver or consent shall be binding unless it b in writing and signed by the party against whom eMorcerrrent is sous 27. TMtAs Ssi LEWITHOIIT LESSOR'S PRIOR UNBITTEN CONSENTS LESSEE SHALL REMAIN PROlM~1RlLY L~i31E ON TNI LEASE. LENSSOR MAY ASSIGN THIS LEASE VVITHOUI' LESSEE'S CONSENT AND LESSEE ADMITS THAT SUCH ASSIGNMENT CONSTITUTES NO MATERIAL. INCREASE MI LESSEES DUTIES OR RISK AtW LESSEE SFWl NOT ASSERT A~GiA1NST THE A ANY DEFENSE, COUNTER CLAiIA OR SET OFF THAT LESSEE MAY HAVE AGAINST LESSOR LESSEE AGREES THAT ANY ASSIGNEE SHALL HAVE ALL LESSOR'S RIGHTS, PRMLEGF~, AND REMEDIESSS(IMiETHER OR NOT EXPRESSLY ASSOCIATED IN THIS LEASE) AND MAY EXERCISE THEM EIT1iER tN ITS OWN NAME OR IN LE 'S NAME. 28. Ctgttel Paper. Lessor and LESSEE ACKNOWLEDGE THAT ONLY LESSOR'S ORIGINAL OF THIS LEASE CONSTITUTES CHATTEL PAPPA FOR PURPOSES OF THE UNIFORM COAAAAERCIAL CODE. No secrsity interest can be perfected by possession of any other 29. Amendments. LESSEE ACKNOWLEDGES THAT THIS LEASE CAN BE AMENDED OR MODIFIED ONLY tN WRITING. 30. Applk:atlon of Pa nrerrts. Payments may be a lied fist to Lessors cxx;ts and expenses pndudinl~ without limftat(on colbcxiorn costa and asudt a~~ inMrnai courts ~)) ~ ~ or errfordrng lessee's obligaborrs under this Lease, next to dtarges rges, next to amourKs aooorurted for Lessor as interest, and ~ to ottner Rent 31. Setoff. Lessor shah have the right to set off against the amounts owing under this Lease any property held in a deposit or other account with Lessor or any of ib affliatea or othenniise owing by l.sssor or arty of ib affiliates in any capacity. Such set-ofF she be deemed to have been exerdsed immediately at the tine Lessor or such affiliates ebd to do so. 32. Notices. Notices shat be deemed delivered upon actual receipt by fax or upon deposit b the Unied States mail postage prepaid directed to Lessor and Lessee at the addre~ea set forth above or in any srrtisequent written notice m the other parties. Lestea shat irxrtediatsiy nobly Lessor and any Assignee as provided for herein of any drange in the bcation of the Equipment or in Lessee's address, name, phone or fax numbers, management, finandal condition or form of organization. 33. Joint and Several. ff more than one al person b Lessee of the Equipment or Guarantor of the Lease, each shall be jointly, aevereUy and prirnaity obigebd to pay si arnora>ts wh becorrre due under ttds l.~ee. 34. ppNs~~riirs~rgs~us. Thb !:ease corms the entire Lessor and Levee tp the Lassa wrd wrd tEpF N aN 1f )RKA MICLUDgd(i YVIT}IOUT LJMIS'TATION UCC~LESAND 8 AS~APPROPRUITE AN~HALL BE~EANDAEXECUT p AND PERFORMED MI THE STATE OF NEW YORK AS OF THE DATE OF Tti13 LEASE ff any provbion b nevertheless determined to be invalid b!- a court of lurisdidiort, the rertrairnirg provisions shat rerrnairn in ailed. The ~plror~s in tlts Lease are for oonvernienoe only. Neuter gender' amd siirr cases shai be wr>strued as spprnpriate to the peH3es. A copy of tltis Lease kept in the course of Lessors twsitasa may be aooapted as Lessors origirnd and may be aooapted as best evklenoe fi any actbn 4ivoMng ibis Lararee. 35. Business Purpose Statement Lessee represents and warrants that the debt evidenced hereby arises out of a corrmerdal obligation and an extension of credi for a corrnmercial purpose. GUARANTY In oonaiderafioaor's fin of the Equipment, each Guarantor hereby unoorrditionaNy, irrevocably end absolutely gusrenbees, Jantiy and severelly, file prompt and ll payment and performance when due, by acx~eleration or otherwise, of all Lessee's oblipatbns under the Lease from time to time (the Lease ,without offset or other deducbn; oonaerkts, Mnthout notice, to all ado and omissbns that would or might otherwise Impair or affed this Guarerr~y or on which this Guaranty might be conditioned Including without limitation exfsnabn or modification of the Lease, replaoernent or rebase of any of the and e>oercee or delay in exerese or waiver of airy r{~rt or ronredy of Lessor; and to pay on demand each cost and expsrrse of in eMoncing this GuararKy bduding without won M6omeys' lbea (hcNrding i rtrel counsel's fees) and disbrnserrrerrts. This is s guaranty of payrrreM, not oo0ek~ion. Lessor need net e~clrarrst its rerrredies agaMat any oti~er obligor or ~uarenMr or resort to the Equ~ment before enforcing this Guaranty. Guarerrtor also waives proseMment, demand for payment protest, and notice of dishonor, protest and non-paymaM. If any amount paid b Lessor under the (-ease must be returned punwant to airryry 6ankniptcy law, this Guaranty shaA be automatkaly reinstated until aN Lessee's obligations to Lessor have been paid In full. Thfa Guaranty ahaN be governed by the inbemad Paws of the State of New York, Guarentor hereby oonser~ to jurisdicion of any court of competent jurisdiction chosen by Lessor wfihin the stabs of New York ACKNOWLEDGMENT STATE OF COUNTY OF ss On the day of in the year 20 _ ,before me personally came to me known and known to me to be the person(s) described in and who executed the above instrurtreM, and ^. he (they joiwtly and aeveraNY) adknowledged to me that _ he (they) eooekxtbed the same. WITNESS my hand and seal the day and y~r aforesaid. Notary Public My Commission Expires: STATE OF COUNTY OF ss On the day of in the year 20 _ ,before me personaly came to me known and known to me to be the person(s) described in and who executed the above instrur-errt, and _ he (they jointly and severely) admowledged to ire that _ he (they) eroecubed the same. WITNESS my hand and seal the day and year aforesaid. Notary Public My Commissbn Expires: STATE OF COUNTY OF ss On the day of in the year 20 _ ,before me personally came to me known and known to me to be the person(s) described in and who executed the above inaburnerrt, and _ he (they joinby and severally) advrowiedged m me that ,_ he (they) exek;u6ed the earns. WITNESS my hand and seal the day and year aforesaid. Notary Public My Commission Expires: STATE OF COUNTY OF ss On the day of in the year 20 _ ,before me personally came to me known and known to me to be the person(s) described in and who executed the above instrument, and _ he (they jokrUy and severally) acknowledged to me that _ he (they) ezecubed the same. WITNESS my hand and seal the day and year aforesaid. FOR MB~T CREDIT SERVICES, LLC USE ONLY Authorization Confirmed: Notary Pubik: My Commission Expires: Signature r ~4 ~~ ~ L a ' CERTIFICATE ~F ACCEPTANCE For Equipment Lease Dated Lessor's Name: MST Credk Services, LLC Attn: Phll Casclano Address: 4926 Main Street, Amherst, NY 14226 Phone: 610-694-8848 Fax: 810-884-8849 Lessee's Name: Bink Partnership, inc. Attn: Harrison Blnk Address: 133 South 32nd St., Camp Hill, PA 17911 Phone: 717-737-0402 Fax: 717-737.0442 pTy, ECU IPM@IT DEHCRIPTION (MANUFACTURER, MODEL NO., SERULL NO., ITEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (1/ditferent rivm Lessee's address above): Vendor Name/Address: Knoll, Inc. S P03G Commercial Interiors Lessee hereby car 'M'iss that as of this date the Equipment described above has been delivered to and accepted by Lessee after complete inspection and testing, is correctly described in the Lease (wkh the exception of serial numbers which if omitted now may be supplied by !.asses in the future by telephone and inserbad in the description by Lessor or Assignee), is ut good working order, and is satisfactory to Lessee in ail respects. Lessee reaf6rrris that Lessee's obNgeition to pay aR amoturts due and to become due and perform all other obligations under the Lease is absolute and that any n3oourse Lessee might have in case of any nonperformance, unsuitability or other failure of the Equipment shall lie with the manufacturer or vendor and in no case with Lessor or Assignee. information Sharing Notification Consent f=orm Unless I diedc the box below, I autlior¢e you to ms~ce available to your affiliates and others any and all of the information, inducting any credit report, chat you have obtained in oonnecdon with my appfireition or may obtain in the future. I understand that I do not have to authorize the sharing of inforriation about me to obtain credit. ^ I do not authorize you to share information, other than information which you are permitted to share by law, with others. Date . a ?S1. . LESSEE named above: °:' ay: Harrison F. Bink Pn'tskknt • ;fie; • (IF Corporetkn, President or Vice PrealdeM should sign end give offici°ai TN1e,.' . if Partnelahip, General Partner, ff Limited LlabiNty Company, Member) • , '' f + . SCHEDULE "A" Equipmerlt List for: Bink Partnership, Inc. 133 South 32~ St. Camp Hill, PA 17011 1 54x24 Work SurfaoeJl-87x24 Work Surface/ 1-Pencil Dravwern-Floor Standing Pedestal/ 1Calibme Lateral File/1Flat Bracket far 24" Work Surface/ 2 Deask End Unita/1 Intermediate End Umts/5 Cah'bre Lateral Files/5 side Letter Tray Double/ 5 Bus. Card Holded 5 Pencil C~J 9Wark Surface Support/ 4 Series 2 Steel Front Display/ 1 Series 2 Front Display/ 4 Series 2 Steel Front Di~lays/ 12 Full Depth Shelf / 5 Self for Propeller Training Tabld 5 Orchestra LadBar/ 10 Stanchion for single Table/ 4 Propeller Privacy/ 5 Wire Mang. Thraagh 32"/ 5 Wue Mang. Through 55"! 3 Monolithic Pane164x24/ 4 Tiled Pane164x24/ 4 Tiled Pane164x36/ 1 Tiled Panel 64x4?) 3 end trim hook strip/ 2 Wall Starter/ 5 Ceiling ChanneUl Caddy Clip) 5 Beam Bracket/ 5 Beam Bracket far stac~ong Module114 StabilizerBrackets/ 1 Hoakstrap Cover/ 5 Rolling Door Floor to Ceiling 79x36/ 5 Threshold far Rolling Doari/ 4 Stackable 15x24 Window Panels! 4 Stackable 15x36 Window Panels/ 1 Stackable 15x42 Window Panel/ 2 Wall Starters/ 4 Floor to Ceding Window Module 19 % x 24"/ 9 Floa~r to Cer'lmg Window Madnle 19 %. x 36 Type A/ 1 Floor to Ceiling Window Module 19'/.x42/ 2-Floor to Ceiling Straight line open Office Exit/ 3-Floor to ceiling t Post l02 X"~ s Wack 3iuface straight 66J3o"~ 4-Wor$s~uface straight6684"/6 Side Letter Tray/ 6 Bus. Card Holder/6 Pencil Cups/ 11 Waalc surface rein 60"J 7 Work s~aface rein 72"/ 3 Series 2 Steel Single Door/ 3 Series 2 Steel Single Door/ 3 Series 2 single Door Cab/ 3 Series 2 Single Dona' Cab 62x24"/ 3 Series 2 Single Door Cab 644/ 18 Full Depth shelf24x22"/ 2 Eero StooU 4 Privacy Screen Clamps/ 6 Shelf far Propeller Training Tablel6 Orchestra Load Bar far 30" Stanchion/ 12 Stanchion fm single Table/ 4 Pmpeller Modesty and Privacy Screen 89x18"/ 6 Wire Mang. Trays32/ 6 Wire Mang. Trays 56" / 6 Wire Mang. Trays 96"2 Tiled Panel 64x24/ 2 T>Yed Panels 64~d4/ 8 Tr1ed Panels 64x36/10 Panel hook up Strips/ 8 Wall Starters/ 6 Ceding Channels/ 6 Beam Brackets/ 10 Beam Brackets fro Stacking Module/ 16 Stabilizer Brackets for A or C Wmdovv/ 2 Rolling Door Floaa~ to Ceiling 79x36/ 2 Rolling Door Floor to Ceiling 79x36/ 4 Threshold 96"/2 staelceble Window Panel 15x24/ 8 Staelcable Window Panel 15x36/ 8 Wall Starter 9H/ 2 Floor to Ceiling Window Module 9x24"/ 14 Floor to Ceiling Window Module 9x36"/ 4 Floor to Ceiling Straight Line 92"/ 2 Floor to Ceiling Straight Lice 92" / 2 Floor to Ceiling VPost/ 1 Panel Doa~r 36"/1 Panel Door 36"/ 2 Warlcstnfaoe Straight 100x 30" / 4 Worksarface Straight 102x 30"/ 1 Worlcsurface straight 66x36"/ 1 Worksurface P-Top 69x36"/ 2 Woa~ksrrrface Curvilinear Wave 60x30-36"/ 4 Wor~ufaoe straight 6(hdAJ Z Workstuface Straigh 66x24"/ 6 Wire Mang. Trays/ 6 Bud Vase! 1 Series 2 Steel FrontDisplay/ 4 Series 2 Steel Front Display 64x24 with lock/ 3 Full Debth Shelf 24x22"/1 Rectangular Replacement Leg Kit (2y 20 Rectangular Replaoement Leg Kit (4~ Ate, Bv_ LESSEE NAME: Bink Partnership, Inc. Lease Number: ~ .,° BY: ~"'~ Hurison F. Bink ° °° TITLE; Preside DATE: Bink Partnership, Inc. 133 South 32°d St. Camp Hill, PA 17011 Attachment to Equipment Lease Dated Authorization To Pay Pursuant to, the above referenced Equipmem Lease Agreement the Lessee, Bink Partnership, Inc. Hereby authorizes and directs the Lessor, M&'I' Credit Services, LLC to disburse Lease proceeds as follows: Checks Payable /MAIL VIA OVERNIGHT DELIVERY MAIL DIRECTLY TO: 1.) POSG Commercial Interiors 309 South l0a` St Lemoyne, PA 17043 Attention: Lmda Til Phone: 717-763-4793 2.) Knoll, Inc. 1235 Water St. East Greenville, PA 18041 Attention: Erica Wheeler Phone: 215-679-1903 Lessee Name: Bink Partnership, Inc Lease Number: By: _ Title: Harrison F. Bink .,E~":. N+ rn~ President Date: ~ 1 :S d ~ - X30 BOOT ~"d `J.ir~i~~u~ : . --~`.' ~ }----~~ YJ R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor of ~unt~prt~ ~r~ c~°'~~t~ OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant 12/19/08 `~'~ % ~ F o r"z`i ~ : Madden Engineering Service, inc. N ny _c~ ~ ~.. ;; ~, Bink Partnership ~ ~~: ~ - P Writ No. 2007-4239 Civil T ~ <:: t-~ i Property Claim Determination::; ~~ `' ch -~ Dear Sir, Reference is made to Property Claim dated December 10, 2008, entered by Phillips Capital, Writ of Execution No. 2007-4239 Civil Term, Madden Engineering Services, Inc. -vs- Bink Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Phillips Capital, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: _~~~,''~ Thomas R. Kline, Sheriff By 4-~_ V cc Christopher Rice, Atty for Pltff Bink Partnership, Deft. Phillips Capital, Claimant PROPERTY CLAIM Madden Engineering Services, Inc. VS Bink Partnership TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4239 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the value thereof are: LIST OF PROPERTY VALUE KIP 300 PlotterJScanner $44,000 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Phillips CaQtal was the owner of the above plotter/scanner and leased the same to Bink Architectural Partnership by lease dated 2/19/2008, a true and correct copy of which is attached hereto. Date ~~~~ /DO Claimant Phillips Capital State of Pennsylvania: County of Cumberland r~ n L . (~a~ being duly sworn according to law, deposes and says that the above list in the property clai are correct and true. Sworn an ubscrib d to beforg me ~~~~ This day of Claimant Phillips Capital Stephen L. Grose, Counsel for Phillips Capital O ONWEALTH OF PENNSYLVANIA r NOTARIAL SEAL KELLY R. HOWELL, Notary Public Lemoyne,f3oro., Cta--berland County Comnl~aaon Expiroa September 2, 2010 12-10-2008 15:31 ~t0~1-KEEFER,WOOD,AILEN_dr_RAHAL '.. Dear custom-r_ we've wrttac this Equipment Apreemeat is staple and a•~-to-tmd laa~uage nesoscse we want you w uade:ratand its ~. Please rand your A~eemern easdully, and feet rye [e ask us tay quercioos you may lunrc about is 7176125805 T-302 P.002/003 F-657 Capital Legal Name: i31nk Architectural Partnership d/b/a: Blnk Architectural Partnership 133 South 32nd Sheet Camo Niil I'A 17011-5199 E uipmenc Provided Model Description Serial # Madel Descripdon Serial # KIP 3000 KIP prinUcoiors®nlcopy-2 roll DIGPDF PDF Key SuP3oooh0e,< Start Up Key Monthly Payment Minimum Quarterly Volurn® Invoicing Advance Payments UNUMffED Toner and/or Ink -!~ ~ ~~ ~ ~°„ "" 7 ~ ~' ~ ~~ Q p e per Monthly In advance Last Payment No Charge ~ ; Customer Responsible Recording Fee Delivery installation Initial Network for All Invoices for Connection Previous Agreement through billing period: No ~~harge No Charge No Charge No Charge 19-Feb-08 Taxable: Q Technology ConsuttanL• Sales Manager. Tax F~cernirt: G®raldine Brennan Rldc Gohn Terms: ~~ The term of thts agreement shall start on ~f1912008 for 48 months. Phillips Upgrade/Downgrade provision: After Incepdon of the Agreement and upon your request; Phillips may review your copy volume and propasE options for upprading or downgrading to accommodate your needs. Special Insnvctiortst ~rj Overages reed quarterly ~ . Q ~J 7~' Authotlzatton -Authorized Signer. the person signing this agreement on behalf of the customer (as indicated New Agre~rnent tennlnates R 9539 above) specitlcslly represents that tl~oy have the • authority to r _ ~ A o d ~gner Da e IS u tze Signer P 'nt f~Name Title ,~/ ~ ~! End ofTer~ Options: Upgrade to a new program or 1, ~ " ~ l `~ return equ~pmant. hard A. 8eittsi - Phillips Capita) Date Preslderrt v 9.01 12-10-2008 15:31 *,fRO1d-KEEFER,'WOOD,ALLEN_&_RAHAt 717s)25eo5 r-aoz P.003/003 F-(j5T t. Tttk Aprum,,w tr Datwaen you end m, end anal nduda~t'd htcorparala DY Itderatwe eny eeneWlDD, purehDw wda- d trdter Nr:elritr„d('Satwdtaeay raw for harmfmr rlgned by ya, seer ue, wDkh rarer w u,W AgnNnDnL F.oolt 8oludde shot bD wtt~ed b el ar du ~, Wvitli8{e, Id<gAG Dlttl f~f14YCit10(Ihl1 ~9flilllllll k IIIRf 0Is ~ Gd1~!! SlMi1D1) Vf1 /iAl~+7t~tru ee.enaaa. usr,w and apidllltats a/ thle AgrwrarN into rY :1artDOHk, ltb Apmarrr.rt shd gawm. K era' Methtm d mt^ ,ao...m....>s d.d,..a .-.-......... ,,...~ p......~- d v,~ Agrosmanl shoo rarrmin M a,1 lets. Tits wads YW end TOUR nfpr a Da tatstanN: The Mgrd6 WE, tJB, and OUR r0(er ro Ptullp6 PapiW and My DBEDle a aubaldlDry AlareaL Coat per Cr$fy (cPq, Cal peg Pape (CPPh Cdel per Pnnl ICPP) ~ Cost per Mtreseort (CPI) al refer b one knees on a e 1f2X ld' dteas d paps, rx atsdetr. 2. AGRlEMENT: Wa sltal revel b you and yar ohel rent horn us dto aqullaaertl Isred h'Eaulpnen! Pravlded' Itlldfar Drty 6ehrrdtrk alDKilod {'EqulpnanC~ Ydt aiwA DDYro w dto rttttlel payntetA acaadktg m fear AgromraM plus .ty aPP1eMMs :exec tsvled on w. The errors agroe 11N feeaa B a •nnenetrKj W a• ore tltel rum w ddktDd h Arddo ?A erne Umfontt Convnarclu Coda wrtkh also rmkea dte eayatant ohigelbn tmmndllonel. 0. TERM AND rZENT: Tna hiUal mrm set IoM anava snag mtrattartaa ore Iha orgy chat mty d tlta Egltlpmant t delvared to ybt, ('the Cemnrrwntant Dattt•). Rine pnymMte ahrl M payable M ttdrnco. at Iha ume end h dto amowrls provided obelus, wnxnendng an ttto Cammamemenl 1ka and suhsegwnt paymmm shell Ds dw en Nw eerrr data d soot etraesahre period Nereedrar unDl aA renl one pY addplotud rant ~ aspeDees dakpeaDle muter thk igreammx sttaA have boon pout N fat TMs Apteemenewl De edended DYlamedCNty bran amllanal teen unlap you send uc arihart roUd: you da nd watt b Avow DL IBeDt thY1y f~l ~ ~~ Ne and d my lame. a. ADVANt:lD RENT: The adwnaao roof h due and payeDkr et Inc Woe yul rlptt rNa AOAenwnL Toe BdvDnaod Hatt b nonarttorest baarinp end Y W crew Yoe' porfortnantte r,rtdar tllb AglDamaD. My edvancDd nrtt Hwy m apptled M w m .edty any amount aw6 ty you, h attldt ewm ya wll PromPQY rmlaa tla eidtrpad rent w Ito nrl entount as set faAh shove. N aM asrtdhloua d R- Agrtamont an mmpAed wtlh and provided you hDVS rat aver Dear h t6faua of thh Agroantant, Re adNrrad rent tv/ IM reNllOtd b 1rw aft Yw taDtm trm Egtdp,netu ro ue. ts. aIWNC: 0•~r h~tg agent, TDe PAEIpe GralD, wfi till yar. N ¢qulpmei+twp tin Be{ed ekap wAh any Bpp6eeDID Copy volumdCPC ttkilrty dlxhg Inc Peeled. Yeu afw pay 1TID PntfipD 6touD Ne aYing open Inv. ran racdpe y soy psytnDm la rmwe IIIdrD Iran Ion nD) days Iwo. you wg pay a penalty of 10X of peymem a S~..Od. wNCttowr Is proem: an he peat due BlndtalL Yw ,,try pry 5800 kr anon ttlteelc Rat is eeextbtl kr Ytaldlalptt hinds or for arty ofner faason. EL MAM~IApL'E AND SUPPLIES: Tho charges OrroDpsltad DY Rm Agroemertt Yrelme peyrtlBltl far qa daD of Dq f&ttrlprmtte and ammmom, talelerunae (dtehg nrrnwl buoktsa9 hawse Yogteppn, y>wtbnanC parts nplaadmmL dtunts and dmdng ngrorfel fegtared ml' NB proper opersllon, ore vwlt er hks, tonne' and aauelopar. Yad mart sapeeDtefrypurdwp Paper pnralrars IDDPer d mewrs), atsotla end wearo Corot oolactarlrodke. At wr dfereeaatL earvkp end supply a16Y De prdaldod py a tltko perry stdecfad by ue, alwld aalviCe end eupplles DD rogtJked oulslde our mrDtatma dsal.atengdnes. 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E~teh wOAtda6 n tt aanasa d m er aqua roevark aeMeer pnsvldatl by w wll m Nvdeod st a roe of it25.o0 per Dar: Toe mntlxtm ItIaDON amount b i6x.so f 1J2 Hour). h an effort ro amm~medde ~ ralongta wkh a lerde dknt two, Mp IDa011mtard you nose en R any nghber avatVhla roses awYq ear N1Y1 ktetDloYen. YW CND pewbe teDetrdes ffxkd dtft,ars t Cadmic) Dttlelrg) rau:ar-say for addtleltd kestaAallors by Yoe ITstaB. Ott 9ddey tyemDt perrormenx 6oromt4nene appaee b Your mewrk oparalbe sysrani, aeeldap etadrvsrgrtL appar,+tlen uftwaro end ad>MaaD+n, roneeenktg Dt orb tbna d kt0at I,alaaetlart. AtldNOnd PrdlpeldrtW Support fietNeae may ore twqukad al a dlst:outtted nfa try lnreadrtg b ana d cur PLA711VUAt IBW18upprsi Optlons. ' d TrILJ£: Wo .ore Ne owner of dra eddWaro arq mrrRg the kingDt d as ograamerd you slgAl Imep ass ~lanrnl. fret rod deer e/ ea eleing PDO qug. WB oo nd heva tllb b arty stxnrare abvered by mb agmm~mrs (•SOltvrarD') and wo are rot rtapmcLb fur are SokweA erNe otllpatlons awes M salter you ar uw Ikanaar tmdar any 1deDnsa AgreDnrsrtt for brs Softar+ro. 9. !)EWERY ,WD AS:CEPTANCE: You ehrt0 aea~pk Re Egdlpmen! wDDn dallwrDd. upon delNary, you BIIDD kgwat IhD EgedRrtDnr. Yw coal bo dtrunad ro haw aetonplad No Eq<,Ipmanewltan you slgn dtk apreengn! a leddon sgtewtmta(al. 0.~+t~ 10. WARRANTIES. AD worratrMea meda by strppflsrt to a ova MfDDy utlgnw b ydtl. We mDke no warrerrua, NftlDr aIWrDDDDd el' mrpitod, A m cry mDmtr wllattoawlr, utdvdktg, wlDtout drrdmuen, lets eentRtlart of a,. EgelPm.oS Ib ommhantatlllq arADtw ter Dry pWeuler puepeDa, er p m wy pwne er 1Dntl! Mfia{D kr nlWrltl, worwDartDnlp or etltawlee, and its ouch dared ar dlDOed YelflmeDS d the E4dPmare shell to any way aAantyaur dnaandltlonal oDllgaden b nrke efl nrndl enf eldest VDlrttmnt• aaerdtno ro Otlt tldrwuhL We MMI dot ba rvapoaslDM let Dtry kw, mmoga, penny, roots, coin, ado met a oe~uutas adatnQ Meet a ndaMd b your po^walen a era of NB Egelprttatt, IndddlnD wlrkoul 14nlvtlen, BnY ~nl dleping IDgM er adw Odaek wheDlar or oat dtsmtraraede Dy w ur you. into say dalm atalrta out of aelct ltahlllq In teat tit. jpCATlt7ll ~ Ciit7ry'N7^NTs Yw vvA Steep and wa the taglgprMrq only a your addroes Qeted abotA. 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INOlMRtR'C Yet aeeume laDleY for and atya mlmAemrrgy, eefeae end odd eentaees w aM et d our wepsraDn atllaa.lStDrooe4 employes, Dpres, atttggnaw rod BuaaaorD Gam one apbwt arty aMl al lsblAY4 base dentrgp, prlrDWp, amktto, aakag, sus.. ems one axpDrrp. Nenldep tour[ sale and epeeneDN etlarheye' fare. BMNg keet er nlDfed b yar peeewlen ar we arRa E.ptptlwr0. prerldad Darer. cwt Indemnkyatml rot mdsnd to Ineea erdrdme aMnp alreeay Rmn aa~lperrc bweoaudn a etekgarurree of are t~ulpment by ua. tq. TaIfES Al.D f'RES: Yoo spoor m pry wkm doe ore Imaa 4tritmod now of h tm (ultw (kmuding penaaatl prr;any earl nladng to u,t agnsettem s Rr Equipment If you Iel to PaY has prc. we mry x etr aDtlon pry th®e laves fa yes. Yau «el own bo aetDpaa b tttpayua krDtoae emra+ p-rs DdoroGt dtQged ore lha highest tale slowed by low. 1d ASSICNIA'NSS YW SNALi NOT SELL, A951t91, TAANSfER OR S!lBIFJ15ETIiH EOUIPMENTOR ANY RIGM9S UNOFR THIS AGRCL•AACNT. 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G1SVEkND:G LAW: Tide Agresnrrt ahoy br gdirtlDd by ur0 eon:lrwd urdorNa law, of des CammatwaaWt of Ptmsylwnh. axcePt Its cotdikir d b+c, Yau agree to pasnnol )udsdlCtloll in Penmylvrnl9 •,nd aWl wines m any delm uftder dtis Aptaasmtt b popx h Nor Carrt d Canavan Plsn or Darplin Canty s Um holed Smtea tylerrkt Court (ar ate Md,Aa OkWa of PonnsyWaroa. r wa AgtleflNro t aalaned, you DDAe atDt any dkprgo arhustg under a tsL'aad b ado Agrmrttortt wg m a~'~ n me lsaret or slant rrowt when Ina amlgnw'a carperala neDdgtralele h gClletl afro Yr~ DB govuned try Nta loo of oat eleb. You walvo j,try old kt any atwon between ua, 'eft. ENTIRE AriREEMRH7'= TMs AraerrtarA oanWkm Nor areko arnngstmrt Debman yet and w std no mo~ksallons d dtle Agraemertt ahse be eReeMe wleas h wdlhp and slroted DY Yea perlNe, rCae F:\FILES\Clients\12156 Madden Engineering\12156.3.pra2/mah Created: 11!05/Ol 09:49:53 AM Revised: 07/24/09 12:34:43 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff v. BINK PARTNERSHIP, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007 - 4239 CIVIL TERM PRAECIPE Please mark the judgment in the above-captioned matter satisfied and the action discontinued. MARTSON LAW OFFICES Y~ Christopher E. Rice, Esquire I.D No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ~- ~ 7 ~' ~ CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William Grove 5751 Union Deposit Road Harrisburg, PA 17111 MARTSON LAW OFFICES ~ ~ , By M .Price 10 Ea High Street Carlisle, PA 17013 (717) 243-3341 Date: ?~~, ?~~ ~ -~t~ ~ `~ y~ `~'"~ ~TAR~ 209 J~l~ 27 P~ 3~ 2 ~• T ~a C~~~ i_ .,~~`,~ ~"'~"i tlf~'~~" ~ ~V~7~'Sll ri+',.. R. Thomas Kline, Sheriff, who being duly sworn according to law states this writ is returned ABANDONDID. No action has been taken in the last six months. Sheriff's Costs: Docketing $18.00 Surcharge 20.00 Mileage 13.50 Advertising 10.00 Postpone Sale 15.00 Mileage 15:C0 Law Library .50 Prothonotary 2.00 Levy 20.00 Poundage 2.28 $116.28 So Answers: R. Thomas Kline, Sheriff BY _ C Sergeant C) a p t ~; -~-~ r =. ..~,_ r; %:; rn t'~'l -n tll _ % _ 1 V ,-, _ .r `` ~~ --Y~ 'j C`.= ~,; r~ -7 ~,n ~'" ~= ~~ ~ ~.~J i ~ .~ d oz ioo soot ... ~~1~3HS ~~fl ~ ~JI~'~J 0 v w ~~ ~. ~,~, Co. ~' . ~~ ~ ~ ~yz, 73 o:s'9 ~`~:,'~ rl~-~, ~ 3v B ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4239 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MADDEN ENGINEERING SERVICES, INC., Plaintiff (s) From BINK PARTNERSHIP, 133 South 32"d Street, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property owned by the defendant . (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 $13,500.00 L.L. $.50 Interest 6% from 6/10/08 Atty's Comm Atty Paid $185.81 Plaintiff Paid Due Prothy $2.00 Other Costs to be determined Date: 10/20/08 (Seal) REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MATSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Curt' R. Long, Prothon By: Deputy Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916