HomeMy WebLinkAbout07-6330Gregory F. Cirillo, Esq. (I.D. No.: 46878) Non-Jury Trial
Eric B. Meyer, Esq. (LD. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200 Attorneys for Plaintiff
ADVANTAGE LEASING CORPORATION Court of Common Pleas
324 East Wisconsin Avenue, Suite 250 Cumberland County
Milwaukee, WI 53202
Action at Law
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
And
JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Defendants.
NOTICE
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 plaintiff. 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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
No. 07-036Civil Term
AVISO
Le ban demandado a usted en la corte. Si usted quie defenderse de estas
demandas expuestas en las pagin siguients, usted tiene veinte (20) dias de plazo
al partir de fecha de la demanda y la notificacion. Hace falta asentar ur
comparencia escrita a en persona o con un abogado y entregar la corte en forma
escrita sus defensas o sus objeciones a demandas en contra de su persona. Sea
avisado que si usted n se defiende, la corte tomara medidas y puede continuar
demanda en contra suya sin previo aviso o notificacion. Adema la corte puede
decidir a favor del demandante y requiere qu usted cumpla con todas las
provisiones de esta demands. Uste puede perder dinero o sus propiedades u otros
derech importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO I MEDIATAMENTE. SI NO
TIENE ABOGADO O SI N TIENE EL DINERO SUFICIENTE DE PAGAR TA
SERVICIO. VAYA EN PERSONA O LLAME POR TELEFON A LA
OFICINA CUYA DIRECCION SE ENCUENTR ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
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I J
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
Non-Jury Trial
Attorneys for Plaintiff
ADVANTAGE LEASING CORPORATION Court of Common Pleas
324 East Wisconsin Avenue, Suite 250 Cumberland County
Milwaukee, WI 53202
Action at Law
Plaintiff,
,A6 Civil Term
V. No. 07-L-7
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
and
JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Defendants.
COMPLAINT
Plaintiff, Advantage Leasing Corporation, by and through its counsel Dilworth Paxson
LLP, by way of Complaint against defendants, VillageCraft Contract Furnishings, L.P.,
VillageCraft Factory Direct, Inc., and Jerry M. Trolinger, Jr., avers as follows:
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A. PARTIES
1. Plaintiff Advantage Leasing Corporation ("Plaintiff' or "Advantage"), is a for-
profit corporation organized and existing under the laws of the State of Wisconsin, with offices
at 324 East Wisconsin Avenue, Suite 250, Milwaukee, WI 53202.
2. At all times relevant hereto, Advantage was in the business of leasing business
equipment to customers across the United States.
3. Defendant VillageCraft Contract Furnishings, L.P., ("VillageCraft LP") is a
limited partnership organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal place of business at 1446 Holly Pike, Carlisle (Cumberland
County), PA 17013.
4. Defendant VillageCraft Factory Direct, Inc, ("VillageCraft Inc.") is a for-profit
corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with
its principal place of business at 1446 Holly Pike, Carlisle (Cumberland County), PA 17013.
VillageCraft Inc. and VillageCraft LP shall hereinafter be referred to collectively as
"VillageCraft."
5. VillageCraft Inc. is a general partner of VillageCraft LP.
6. Defendant Jerry M. Trolinger, Jr., ("Trolinger") is an individual and, on
information and belief, makes his personal residence at 2551 Spring Road, Carlisle (Cumberland
County), PA 17013.
7. On information and belief, Trolinger is a general partner of VillageCraft LP and
the President of VillageCraft Inc.
B. JURISDICTION AND VENUE
8. This Court has jurisdiction pursuant to 42 Pa.C.S. § 931.
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9. Venue is proper under 42 Pa.C.S. § 931(c) and Pa.R.Civ.P. 1006, 2130, 2179
since each of the defendants reside in Cumberland County and the causes of action set forth
herein arose or relate to transactions or occurrences which took place in Cumberland County,
Pennsylvania.
C. EQUIPMENT LEASE AGREEMENT
10. On or about October 11, 2006, VillageCraft LP and Advantage entered into a
financing lease agreement (the "Lease") in order that VillageCraft LP could lease certain
business equipment (the "Equipment") from Advantage. A copy of the Lease is attached hereto
as Exhibit "1." A list of the Equipment is attached to the Lease as Exhibit "A."
11. The terms and conditions of the Lease clearly provide the rights and obligations
of Advantage and VillageCraft LP with respect to the Equipment.
12. By signing the Lease, VillageCraft LP agreed to timely and fully make payments
to Advantage in the manner set forth in the Lease.
13. By signing the Lease, VillageCraft LP agreed that it would not transfer, sell,
sublease, assign, pledge or encumber either the Equipment or any rights under the Lease without
prior written consent from Advantage.
14. In accordance with the terms and conditions of the Lease, and relying upon the
representations of VillageCraft LP made therein, Advantage timely and properly delivered
possession of the Equipment to VillageCraft LP.
15. Although VillageCraft LP is obligated to timely tender full payments to
Advantage for the Equipment, VillageCraft LP is in default under the Lease because, as of the
date of the filing of this Complaint, VillageCraft LP has failed to pay Advantage lease amounts
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due under the Lease in the total amount of $13,997.30, despite multiple oral and written demands
by Advantage upon VillageCraft LP for payment.
16. Although VillageCraft LP agreed that it would not transfer, sell, sublease, assign,
pledge or encumber either the Equipment or any rights under the Lease without prior written
consent from Advantage, on or about June 26, 2007, VillageCraft Inc., the general partner of
VillageCraft LP, executed an Assignment and Assumption Agreement (the "Assignment") with
Morrissmiley, Inc. ("Morrissmiley"). A copy of the Assignment is attached hereto as Exhibit
"2.31
17. In the Assignment, VillageCraft Inc. purportedly assigned both the assets and
liabilities of VillageCraft LP in the Lease to Morrissmiley.
18. In the Assignment, VillageCraft Inc. purportedly further confirmed that it had
agreed to discharge the obligations, debts and liabilities of VillageCraft LP and was primarily
responsible for paying for the obligations, debts and liabilities of VillageCraft LP.
19. VillageCraft Inc. executed the Assignment without VillageCraft either first
seeking or receiving the written consent of Advantage.
20. Based on the facts in Paragraphs 16 through 19 above, VillageCraft LP is in
default under the Lease.
21. By not first seeking or receiving the written consent of Advantage prior to
execution of the Assignment, the Assignment is null and void.
22. As general partners of VillageCraft LP, both VillageCraft Inc. and Trolinger are
now liable to Advantage for all amounts presently due and owing under the Lease.
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D. GUARANTY OF SPECIFIC TRANSACTION
23. On or about October 3, 2006, Trolinger executed a Guaranty of Specific
Transaction ("Guaranty") and thereby conveyed an individual guaranty in favor of Advantage
to secure all then-present and future liabilities, obligations and indebtedness of VillageCraft LP
to Advantage, its successors and assigns. A copy of Guaranty is attached hereto as Exhibit "3."
24. The terms and conditions of Guaranty clearly provide and set forth the rights and
obligations of Trolinger with respect to payments to Advantage in the event VillageCraft LP fails
to satisfy liabilities, obligations and indebtedness that come due to Advantage, its successors and
assigns.
25. Under the terms and conditions of the Guaranty, Trolinger is both personally and
jointly and severally liable with VillageCraft LP to Advantage for all amounts due in the event of
default under the Lease.
COUNT I - BREACH OF CONTRACT
(Advantage v. VillageCraft)
26. The allegations contained in paragraphs 1 through 25 are incorporated herein by
reference as if the same were set forth herein at length.
27. On or about October 11, 2006, VillageCraft LP and Advantage entered into the
Lease, a valid and binding written contract.
28. The clear and unambiguous terms and conditions of the Lease require
VillageCraft LP to make timely payments for the use of the Equipment.
29. Despite multiple oral and written demands by Advantage for payment,
VillageCraft LP has failed, refused and neglected to tender payment in full and presently owes
Advantage past due arrearages of $13,997.30.
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30. VillageCraft Inc. also executed the Assignment without VillageCraft first either
seeking or receiving the written consent of Advantage.
31. Both VillageCraft LP's failure and refusal to tender payment in full, as required
under the Lease, and the execution of the Assignment absent prior written consent from
Advantage constitute a breach of contract.
32. Pursuant to the terms and conditions of the Lease, in the event of a default
thereunder, Advantage is entitled to:
a. Declare the entire balance of unpaid Lease payments for the full Lease
term immediately due and payable;
b. Charge interest at the rate of eighteen percent (18%) per year from the
date of default; and
c. Recover all expenses Advantage incurs in connection with the
enforcement of the Lease, including any reasonable attorneys' fees and
costs.
33. Pursuant to the terms and conditions of the Lease, Advantage is also entitled to
recover late charges of fifteen percent (15%) for each Lease payment not made when due.
34. As a direct and proximate result of VillageCraft LP's breach of contract,
Advantage has suffered substantial losses including, but not limited to:
a. The balance of unpaid Lease payments for the full Lease term of
$64,829.60;
b. Late fees of $1,768.08; and
c. Interest calculated from March 11, 2007 (the date of default) through
September 11, 2007, in the amount of $5,834.64.
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35. The amount set forth in Paragraph 34(c) above shall continue to accrue at the rate
of eighteen percent (18%) yearly through the date of payment.
36. In addition to the amounts set forth in Paragraph 34 above, Advantage has also
incurred attorneys' fees and costs to date of at least $1,000.00. Attorneys' fees and costs will
continue to accrue at the following hourly rates:
Attorney
Hourly Rate
Gregory F. Cirillo, Esq. $200/hr.
Eric B. Meyer, Esq.
$200/hr.
37. As a general partner of VillageCraft LP, VillageCraft, Inc. is jointly and severally
liable for all amounts VillageCraft LP owes Advantage under the Lease.
WHEREFORE, Plaintiff Advantage Leasing Corporation prays for entry of judgment in
its favor and against both VillageCraft Contract Furnishings, L.P. and VillageCraft Factory
Direct, Inc., jointly and severally, for damages in the amount of at least $73,432.32, plus ongoing
contractual interest, prejudgment interest, late charges, delinquency costs, attorneys' fees and
costs, and other such relief as this Honorable Court may deem appropriate.
COUNT II - BREACH OF CONTRACT
(Advantage v. Trolinger)
38. The allegations contained in paragraphs 1 through 37 are incorporated herein by
reference as if the same were set forth herein at length.
39. VillageCraft LP has failed to perform the required obligations under the Lease.
40. VillageCraft LP is in default under the Lease.
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41. Despite demands by Advantage for payment, Defendant VillageCraft LP has
failed, refused and neglected to tender payment in full and presently owes Advantage
$73,432.32, pursuant to the Lease.
42. The terms and conditions of the Guaranty clearly provide and set forth the rights
and obligations of Trolinger with respect to payments to Advantage in the event VillageCraft LP
fails to satisfy liabilities, obligations and indebtedness that come due to Advantage, its
successors and assigns.
43. Under the terms and conditions of the Guaranty, Trolinger is both personally and
jointly and severally liable with VillageCraft LP to Advantage for all amounts due in the event of
default under the Lease.
44. The failure of Trolinger to ensure VillageCraft LP's full and prompt performance
of the Lease constitutes a breach of contract.
45. As a direct and proximate result of VillageCraft LP's breach of contract,
Advantage has suffered substantial losses as set forth in Paragraphs 34 through 36 above.
46. Under the terms and conditions of the Guaranty, Trolinger is both personally and
jointly and severally liable with VillageCraft LP to Advantage for all amounts due in the event of
default under the Lease.
47. Further, as a general partner of VillageCraft LP, Trolinger is both personally and
jointly and severally liable for all amounts VillageCraft LP owes Advantage under the Lease.
WHEREFORE, Plaintiff Advantage Leasing Corporation prays for entry of judgment in
its favor and against Jerry M. Trolinger, Jr., for damages in the amount of at least $73,432.32,
plus ongoing contractual interest, prejudgment interest, late charges, delinquency costs,
attorneys' fees and costs, and other such relief as this Honorable Court may deem appropriate.
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COUNT III - UNJUST ENRICHMENT
(Advantage v. Defendants)
48. The allegations contained in paragraphs 1 through 47 are incorporated herein by
reference as if the same were set forth herein at length.
49. VillageCraft LP has received, and continues to receive, the benefit of the use of
the Equipment.
50. VillageCraft LP has failed to tender full compensation to Advantage for the use of
the Equipment in accordance with the Lease.
51. The provisions in the Lease setting forth the terms and conditions in the event of a
default and the sums for which VillageCraft LP would be liable in the event of a default are fair
and reasonable.
52. VillageCraft LP unjustly has benefited from the continued use of the Equipment
without the rightful payment therefor. Such unfair benefit constitutes unjust enrichment, and
VillageCraft LP is liable thereunder to Advantage, to the extent not otherwise covered under the
Lease, in an amount in excess of $73,432.32, which represents outstanding arrearages owed by
VillageCraft LP for their use of the Equipment and the current net book value of the Equipment.
53. As general partner of VillageCraft LP, VillageCraft, Inc. is jointly and severally
liable for all liabilities and debts of VillageCraft LP.
54. As general partner of VillageCraft LP, Trolinger is both personally and jointly
and severally liable for all liabilities and debts of VillageCraft LP.
WHEREFORE, Plaintiff, Advantage Leasing Corporation, prays for entry of judgment in
its favor and against VillageCraft Contract Furnishings, L.P., VillageCraft Factory Direct, Inc.,
and Jerry M. Trolinger, Jr., jointly and severally, for damages in the amount of at least
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$73,432.32, plus interest, costs, attorneys' fees, and other such relief as this Honorable Court
may deem appropriate.
Dilworth Paxson LLP
Date: 10 61 By: ?.
Gregory F. Cirillo, Esquire
Attorney I.D. #46878
Eric B. Meyer, Esquire
Attorney I.D. #87969
1735 Market Street
3200 Mellon Bank Center
Philadelphia, PA 19103
(215) 575-7000
Attorneys for Plaintiff,
Advantage Leasing Corporation
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VERIFICATION
I, Xristin J. Durik, state that I am the Vice President-Operations, of Plaintiff
Advantage Leasing Corporation, and hereby verify that the facts and statements made in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief,
and I further understand that these statements are made subject to the penalties of 28 U.S.C.
§ 1746 relating to unworn falsification to authorities.
Dated: DC -J 3 ?. , 2007
Xristin J. Duri
IIU
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Advantage Leasing Corporation
324 East Wisconsin Avenue, Milwaukee, WI 53202
(Phone) 414-291-3400 (Fax) 414-291-3406
www.advantageleasing.com
EQUIPMENT LEASE AGREEMENT
LESSEE: VENDOR:
Villanat Mft Contract Fumishin s LP National Auto Centre, Inc.
191 Anaconda Drive
Pennsylvania Fumace, PA 16865
See attached Exhibit A.
(including all attachments, substiiudans, appurtenances and accessions)
Term of No. of Payment Applicable Total Lease No. of Security Doc Fee Total
the Lease Pmnts Amount Sales/Use Tax Payment Adv. Deposit Amount Due
(Months) r/ Lll Pmts - ?
48 48 $1,390.00 83.4 $1,473.40 0 $.00 $195.00 $195.00
OTHER LEASE TERMS:
End of Lease Options: Lessee inay purchase the equipment-for $1
No Prepay Penalty after 12
EQUIPMENT LOCATION: 191 Anaconda Drive, Pennsylvania Furnace, PA, 16865
Terms and Conditions
1. Lease: You (the "Lessee') agree to lease from us (the "Lessor? the Equipment listed above and on any attached schedule (the
'Lease?. The Lease starts on.the day the Equipment is delivered to you (the "Commencement Date's and the Lease payments shall
be payable in advance beginning on the Commencement Date or any later date designated by us and thereafter until all amounts
are fully paid. Your-Lease- obligations are-absolute, unconditional, and are not subject-to-c wmHation; reduction, setoff or
counterclaim. Advance rentals and any related documentation fees are not refundable if the lease term for any reason does not
commence or if this lease is duty terminated by the Lessor. Security deposits are non-interest-bearing and may be applied to cur; a
Lease default If you are not in default, we will return the deposit to you when the Lease is lemitnaW. When a payment is not made.
when due, you agree to pay Lis a late charge of 15% for each payment or $25.00, whichever Is greater. We may charge you a fee of
$30.00 for any check that is returned. We may require a $35.00 fee for any early buyouts requested. YOU ACKNOWLEDGE THAT
NO'ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THE LEASE.
2. Equipment Use, Maintenance and Warranties: We are leasing the Equipment to you "AS-IS" AND MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, and INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
IN CONNECTION WITH THE LEASE. We transfer to you any manufacturer warranties. You are required at your cost to keep the
Equipment in good working condition and to pay for all supplies and repairs. If the Equipment Is attached to real estate. It remains
our personal property and you agree not to pennit a lien to be placed upon the Equipment or to remove it without our prior written
consent If the Lease payment includes the cost of maintenance and/or service provided by a third party, you agree that we are not
responsible to provide the maintenance or service. You will make all claims about maintenance and service to the third party. You
agree that any claims about maintenance or service or breach .of warranty or representation will not impact your obligation to pay all
Lease payments when due.
3. Disclaimer of Liability WE SHALL NOT BE LIA13LE•FOR SPECIAL. INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF
PROFIT ARISING UNDER OR IN CONNECTION WITH THIS LEASE OR THE USE OR PERFORMANCE OF THE EQUIPMENT.
4. Assignment: You agree not to transfer, sell, sublease, assign, pledge or encumber either the Equipment or any rights under this
Lease without our prior written consent. You agree that we may sell, assign or transfer the Lease and the new owner will have the
same rights and benefits we now have and will not have to perform any of our obligations and the rights. of the new owner will not"be
subject to any claims, defenses, or setoffs that you may have against us or any supplier.
"We Give You the Competitive Advantage"
5. Risk of Loss and Insurance: You are responsible for all risks of loss or damage to the Equipment and if any loss occurs you are
required to satisfy all of your Lease obligations. You will keep the Equipment insured against all risks of loss or damage for an
amount equal to its replacement cost. You will list us as the sole Loss payee for the insurance and give us written proof of the
insurance. If you do not give us such proof, we may elect to obtain insurance and you will pay us for any insurance premium and
related costs. You will obtain and maintain comprehensive public liability insurance naming us as an additional insured with
coverages and amounts acceptable to us.
6. Indemnity: You will indemnify us from and against any liabilities, damages, claims, costs, and expenses, including reasonable
attorneys' fees, incurred by or asserted against us in any way relating to or arising out of this Lease or the Equipment. This
indemnity shall survive the termination of this Lease.
7. Taxes: You agree to pay when due, either directly or as reimbursement to us, all taxes (i.e., sales, use and personal property) and
charges in connection with ownership and use of the Equipment. We may charge you a processing fee for administering property
tax filings.
8. End of Lease: You will give us notice before the expiration of the initial lease term (or any renewal term) of your intention to
purchase or return the Equipment. With proper notice you may: a) purchase all the Equipment as indicated above under "End of
Lease Option` (fair market value purchase option amounts will be determined by us based on the Equipment's in place value); or b)
return all the Equipment in good working motion at your cost in a time, manner, and to a location we designate. If you fail to notify
us, or If you don't a) purchase or b) return the Equipment as provided herein, this Lease will automatically renew at the same
payment amount for consecutive 30-day periods.
9. Default and Remedies: You are in default on this Lease if a) you fail to pay any Lease payment or other sum when due; you
breach any warranty or other obligation under this Lease, or any other agreement with us; you, any partner or any guarantor dies;
you become Insolvent or unable to pay your debts when due; you stop doing business as a going concern; you merge, consolidate
or transfer a substantial portion of your assets; more than 49% of your voting common stock or comparable Interest is transferred;
you make an assignment for the benefit of creditors or you undergo a substantial deterioration in your financial condition; or you, any
guarantor or any partner voluntarily Me or have filed against you or it involuntarily, a petition for liquidation, reorganization,
adjustment or debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or
insolvency law, or a trustee, receiver or liquidator is appointed for you or It or a substantial part of your or its assets. If you are in
default on the Lease we may: a) declare the entire balance of unpaid Lease payments for the full Lease term immediately due and
payable to us; b) sue you for and receive the total amount due on the Lease plus the Equipment's anticipated end of Lease fair
market value or fixed price purchase option (the 'Residual") with future Lease payments and the Residual discounted to the date of
default at 6% per year, c) charge you interest on all monies due at the rate of 18% per year from the date of default; d) require that
you immediately return the Equipment to us or we may peaceably repossess it. Any return or repossession w1 i not be considered a
termination or cancellation of the Lease. If the Equipment is returned or repossessed, we will sell or re-rent the Equipment at terms
we determine, at are or more public or private sales, with or without notice to you, and apply the net proceeds (after deducting any
related expenses) to your obligation. You remain liable for any deficiency with any excess being retained by us. You are also
required to pay all expenses incurred by us In connection with the enforcement of any remedies, including our reasonable attorneys'
fees and, if applicable, the expenses of repossessing, storing, shipping, repairing and selling the Equipment.
10. Miscellaneous: You authorize us to sign and file UCC financing statements on your behalf. You agree the Lease Is a Finance
Lease as defined in Article 2A of the Uniform Commercial Code ("UCC'. You acknowledge that you may have rights under this
contract with the supplier and may contact the supplier for a description of these rights. You agree to waive any and all rights and
remedies granted to you under Sections 2A-508 through 2A-522 of the UCC. You agree that the Equipment will only be used for
business purposes and not for personal family or household use. You agree that a facsimile copy of the Lease with facsimile
signature may be treated as an original and will be admissible as evidence of the Lease. This Lease contains the entire agreement
between the parties and may not be amended except by written agreement No delay or failure by either party to exercise any right
under this Lease, and no partial or single exercise of that right, shall constitute a waiver of that or other right.
11. Acceptance: unless you give the Equipment Manufacturer and us written notice of each defect or other objection to the Equipment
promptly after you have had a reasonable opportunity to inspect the equipment (but in any event within five (5) days after it is
delivered), it shall be conclusively presumed, as between you and us that the Equipment was delivered in good repair, put in use, is
satisfactory and acceptable.
12. Other. The undersigned agrees by signature below that this is a non-cancelable lease and that the Equipment is
NEW USED.
LESSEE:
By:
Signature: l?
Title: General Partner
LESSOR:
Advantage
Accepted By:
Date:
Lease Commencement Date:
Lease Number.
Equipment Lease Agreement Page 2 of 2
EXHIBIT A
QTY DESORII'TJON
(1)Yale Fork Lift Model #ERC050FC SIN 41327
(1)Cutoff Saw
(2)Forgiving Furnaces
(1)HVLP Paint system
(I)Paint Shaker-5gal
(2)Pallet stacker-5gal
(1)Sand Blasting System
Signature: X Date:
Less
- r r r
?-
vata zra -
Factory Direct, Inc.
1446 Holly Pike
Carlisle, PA 17015
ASSIGNMENT AND ASSUMPTION AREEMENT
KNOW ALL MEN BY THESE PRESENTS, that Villagecraft Factory Direct, Inc., a Pennsylvania
corporation ("Seller"), in consideration of the assumption and payment of the obligations, debts and
liabilities listed on exhibit "A" attached hereto, by Morrissmiley Inc., a/k/a Marrissmiley Corporation, a
Nevada Corporation ("Buyer"), does hereby assign, sell and transfer to Buyer all of Sellers' right, title and
interest in and to the tangible personal property and intangible property listed on Exhibit "B" (the "Assets to
be sold").
Buyer hereby accepts said assignment of the Assets to be sold and hereby assumes and agrees to
pay, discharge and perform in accordance with their respective terms, all of the obligations, debts and
liabilities of Seller listed on Exhibit "A".
The Seller and Buyer acknowledge that some of the Assets to be sold on Exhibit B and the
obligations, debts or liabilities listed on Exhibit A may be in the name of Villagecraft Contract Furnishings,
LP, all of the listings on exhibit B are owned by the Seller and all of the items on Exhibit A are primary
obligations, debts or liabilities of the Seller. The Seller received some of the assets on Exhibit B as a
distribution from Villagecraft Contract Furnishings, LP, as its sole general partner, while the other assets on
Exhibit B it acquired as owner in its own name. At the same time, the Seller agreed to discharge the
obligations, debts and liabilities on Exhibit A in the name of Villagecraft Contract Furnishings, LP. Thus
the Seller owns all of the listed' property on Exhibit B and had primary responsible to pay the items on
Exhibit A prior to the date of the assumption of those items by Buyer_
The tangible personal property (including inventory and equipment) listed on Exhibit B is, as of
the date of this Assignment and Assumption Agreement, physically located in Carlisle, Pennsylvania. The
Buyer hereby accepts delivery of possession of such property at its present location in Carlisle,
Pennsylvania and agrees to make arrangements for the shipping and pay the cost of shipping to a different
location of the Buyer's choosing.
IN WITNESS WHEREOF, Sellers and Buyer have executed and delivered this Assignment and
Assumption Agreement on the 26 day of June, 2007.
SEL
VILrJM. T FACTO Y DI ECT, INC.
By:
Namolinger, Jr.
Titl eBUYER
MORRISSMILEY INC.
a/k/a Marrissmile Corporation
By:
Name: M.L Palmer
Title: CEO
3
GUARANTY OF SPECIFIC TRANSACTION
Dated October 3, 2006
GUARANTY. For value received, and to induce Advantage Leasing Corporation,
a Wisconsin corporation ("Lessor"), to extend credit to the person or persons identified
below as Lessee under "Identifying Information" (collectively, "Lessee"), the undersigned
jointly and severally guaranties payment of the Obligations, defined below, when due or,
to the extent not prohibited by law, at the time any Lessee becomes the subject of
bankruptcy or other insolvency proceedings. "Obligations" means all indebtedness,
obligations and liabilities evidenced by the master lease agreement, note or other
agreement identified below under "Identifying Information" plus interest, charges, fees
and indemnities provided for in the master lease agreement, note, agreement or any
agreement securing either, and any extensions, renewals, deferrals, modifications or
consolidations of any of the above. Obligations include the amount of payments made
to Lessor or another by or on behalf of Lessee which are recovered from Lessor by a
trustee, receiver, creditor or other parry pursuant to applicable federal or state law, and
to the extent not prohibited by law, all costs, expenses and attorneys' fees at any time
paid or incurred before and after judgment in endeavoring to collect all or part of any of
the above, or to realize upon this Guaranty, or any collateral securing any of the above,
including those incurred in successful defense or settlement of any counterclaim brought
by Lessee or the undersigned or incident to any action or proceeding brought pursuant
to-the United States Bankruptcy Code. This Guaranty is valid and enforceable against
the undersigned even though any Obligation is invalid or unenforceable against Lessee.
WAIVER. To the extent not prohibited by applicable law, the undersigned
expressly waive (a) notice of the acceptance of this Guaranty, the creation of any
present or future Obligation, default under any Obligation, proceedings to collect from
any Lessee or anyone else, (b) all diligence of collection and presentment, demand,
notice and protest, (c) any right to disclosures from Lessor regarding the financial
condition of any Lessee or guarantor of the Obligations or the enforceability of the
Obligations, and. (d) all other legal and equitable surety defenses. No claim, including a
claim for reimbursement, subrogation, contribution or indemnification which any of the
undersigned may, as a guarantor of the Obligations, have against a co-guarantor of any
of the Obligations or against Lessee shall be enforced nor any payment accepted until
the Obligations are paid in full and no payments to or collections by Lessor are subject to
any right of recovery.
PERSONS BOUND. This Guaranty benefits Lessor, its successors and assigns,
and binds the undersigned and its successors and assigns. This Guaranty shall
continue in full force and effect notwithstanding any change in structure or status of
Lessee, whether by merger, consolidation, reorganization or otherwise.
ENTIRE AGREEMENT. This Guaranty is intended by the undersigned and
Lessor as a fins! expression of this Guaranty and as a complete and exclusive statement
of its terms, there being no conditions to the full effectiveness of the Guaranty. This
Guaranty may not be supplemented or modified except in writing.
Personal Guaranty Page 1 of 2 (initial)
CONSENT. To the extent not prohibited by applicable law, with respect to any
of the Obligations, Lessor may from time to time without notice to the undersigned and
without affecting the liability of the undersigned (a) release, impair, sell or otherwise
dispose of any security or collateral, (b) release or agree not to sue any guarantor or
surety, (c) fail to perfect its security interest in or realize upon any security or collateral,
(d) fail to realize upon any of the Obligations or to proceed against the Lessee or any
guarantor or surety, (e) renew or extend the time of payment, (f) increase or decrease
the rate of interest, (g) accept additional security or collateral, (h) determine the
allocation and application of payments and credits and accept partial payments, (i)
determine what, if anything, may at any time be done with reference to any security or
collateral, and 0) settle or compromise the amount due or owing or claimed to be due or
owing from any Lessee, guarantor or surety, which settlement or compromise shall not
affect the undersigned's liability for the full amount of the Obligations. The undersigned
expressly consent to and waive notice of all of the above.
REPRESENTATIONS. The undersigned acknowledges and agrees that Lessor (a) has
not made any representations or warranties with respect to, (b) does not assume any
responsibility to the undersigned for, and (c) has no duty to provide information to the
undersigned regarding, the enforceability of any of the Obligations or the financial
condition of any Lessee or guarantor. The undersigned has independently determined
the credit worthiness of Lessee and the enforceability of the Obligations and until the
Obligations are paid in full will independently and without reliance on Lessor continue to
make such determinations.
NOTICE TO GUARANTOR
You are being asked to guarantee the obligations of Lessee identified below. If Lessee
does not pay, you will have to. You may also have to pay collection/legal costs.
Lessor can collect the obligations from you without first trying to collect from Lessee or
another guarantor.
Jerry Trolinger
Gu ran or Na a (Pr' t)
X
Gua ntor Sig ture` Date
Soc Sec #: ?/ - 6 -
Homy ddress:
x ;s:lr
Home Phone: -?PIQ•
Work Phone: (-717) Mobile Phone:
Other Phone:
Accepted by
Advantage ,
Leasing _,l/_
R' Q
Y l
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
ADVANTAGE LEASING CORPORATION
Non-Jury Trial
Attorneys for Plaintiff
Court of Common Pleas
Cumberland County
Action at Law
Plaintiff,
V.
No. 07-6330 Civil Term
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
And
JERRY M. TROLINGER, JR.
Defendants.
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff, Advantage Leasing Corporation, and against
Defendants, Villagecraft Contract Furnishings, L.P., Villagecraft Factory Direct, Inc. and Jerry
M. Trolinger, Jr. for want of an Answer or Appearance.
( XX ) Assess damages as follows:
Principal Balance $ 64,829.26
Late Fees 1,768.08
Interest @ 18% per year:
$972.44 per month from 3/11/07 = 9 mos. 8,752.00
Attorneys' Fees 2,205.40
TOTAL $ 77,554.74
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A
SUM CERTAIN FROM THE COMPLAINT.
I CERTIFY THAT WRITTEN NOTICE OF THE INTENTION TO FILE THIS PRAECIPE
WAS MAILED OR DELIVERED TO THE PARTIES AGAINST WHOM JUDGMENT IS TO
BE ENTERED AND TO HIS ATTORNEY OF RECORD, IF ANY, AFTER THE DEFAULT
OCCURRED AND AT LEAST TEN DAYS PRIOR TO THE DATE OF THE FILING OF
7154541
THIS PRAECIPE. COPIES OF THE NOTICES ARE ATTACHED. Pa.R.C.P. 237.L
Dilworth Paxson LLP
By:
Gregory F. Cirillo, squire
Eric B. Meyer, Esquire
Attorneys for Plaintiff
7154541
I - r"I
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
ADVANTAGE LEASING CORPORATION
324 East Wisconsin Avenue, Suite 250
Milwaukee, WI 53202
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
And
JERRY M. TROLINGER, JR
2551 Spring Road
Carlisle, PA 17013
Defendants.
IMPORTANT NOTICE
TO: VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
Non-Jury Trial
Attorneys for Plaintiff
Court of Common Pleas
Cumberland County
Action at Law
No. 07-6330 Civil Term
DATE OF NOTICE: November 30, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
7142121
. 0-¦
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
7142121
Dilworth Paxson LLP
By: . L ?b - A=
Gregory F. Cirillo, Esquire
Eric B. Meyer, Esquire
Attorneys for Plaintiff
2
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
ADVANTAGE LEASING CORPORATION
324 East Wisconsin Avenue, Suite 250
Milwaukee, WI 53202
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
And
JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Defendants.
IMPORTANT NOTICE
TO: JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Non-Jury Trial
Attorneys for Plaintiff
Court of Common Pleas
Cumberland County
Action at Law
No. 07-6330 Civil Term
DATE OF NOTICE: November 30, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
7142121
,.%
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990.9108
717-249-3166
7142121
Dilworth Paxson LLP
By: p'- ??' , 0 -, ,
Gregory F. Cirillo, Esqu e
Eric B. Meyer, Esquire
Attorneys for Plaintiff
2
DILWORTH PAXSON LLP
3200 MELLON BANK CENTER
1735 MARKET STREET
PHILADELPHIA, PA 19103-7595
KRISTIN J. DURIK
VICE PRESIDENT-OPERATIONS
ADVANTAGE LEASING CORPORATION
324 EAST WISCONSIN AVENUE
SUITE 250
MILWAUKEE, WI 53202
Invoice Number 202713
Invoice Date 09/12/07
Due Date 10/12/07
Client Number 27317
Matter Number 81662
-----------------------------------------------------------------------------
Re: vs.VILLAGECRAFT CONTRACT FURNISHING, L.P.
FOR PROFESSIONAL SERVICES RENDERED FROM 08/24/07 THROUGH 08/31/07:
Date
-------- Tkpr
---- Hours
08/24/07 GFC REVIEW NEW FILE MATERIALS AND RUN 1.50
CONFLICT CHECKS; REVIEW EMAIL; MEET
WITH ERIC MEYER
08/28/07 GFC MEET WITH ERIC MEYER AND MAP OUT 0.50
STRATEGY
08/31/07 GFC ADVANTAGE V. VILLAGECRAFT: DISCUSS 0.50
DEMAND LETTER
TOTAL HOURS 2.50
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours Value
------------------------- -------
GREGORY F. CIRILLO 2.50 500.00
------------
CURRENT FEES 500.00
TOTAL BALANCE DUE UPON RECEIPT
Value
300.00
100.00
100.00
$500.00
If you have a question regarding this invoice or your account, or if you wish to pay with a credit card, please
contact the Accounts Receivable Dept. at 215-575-7104. For your records, our Taxpayer Identification No. is 23-1398811.
DILWORTH PAXSON LLP
3200 MELLON BANK CENTER
1735 MARKET STREET
PHILADELPHIA, PA 19103-7595
KRISTIN J. DURIK
VICE PRESIDENT-OPERATIONS
ADVANTAGE LEASING CORPORATION
324 EAST WISCONSIN AVENUE
SUITE 250
MILWAUKEE, WI 53202
Invoice Number 203224
Invoice Date 10/05/07
Due Date 11/04/07
Client Number 27317
Matter Number 81662
-----------------------------------------------------------------------------
Re: vs.VILLAGECRAFT CONTRACT FURNISHING, L.P.
FOR PROFESSIONAL SERVICES RENDERED FROM 09/14/07 THROUGH 09/30/07:
Date Tkpr Hours Value
-------- ---- ----- -------
09/14/07 EBM REVIEW AND REVISION OF LETTER TO 0.25 50.00
VILLAGECRAFT; EMAIL FROM K. DURIK RE:
SAME
09/14/07 GFC REVIEW EMAIL AND STATUS WITH ERIC MEYER 0.50 100.00
TOTAL HOURS 0.75
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours Value
------------------------- -------
ERIC B. MEYER 0.25 50.00
GREGORY F. CIRILLO 0.50 100.00
------------
CURRENT FEES 150.00
FOR COSTS ADVANCED AND EXPENSES INCURRED:
POSTAGE/MESSENGER 5.21
------------
CURRENT EXPENSES 5.21
TOTAL BALANCE DUE UPON RECEIPT $155.21
If you have a question regarding this invoice or your account, or if you wish to pay with a credit card, please
contact the Accounts Receivable Dept. at 215-575-7104. For your records, our Taxpayer Identification No. is 23-1398811.
DILWORTH PAXSON LLP
3200 MELLON BANK CENTER
1735 MARKET STREET
PHILADELPHIA, PA 19103-7595
KRISTIN J. DURIK
VICE PRESIDENT-OPERATIONS
ADVANTAGE LEASING CORPORATION
324 EAST WISCONSIN AVENUE
SUITE 250
MILWAUKEE, WI 53202
Invoice Number 204278
Invoice Date 11/12/07
Due Date 12/12/07
Client Number 27317
Matter Number 81662
-------------------------------------------------------------------
Re: vs.VILLAGECRAFT CONTRACT FURNISHING, L.P.
FOR PROFESSIONAL SERVICES RENDERED FROM 10/01/07 THROUGH 10/31/07:
Date
-------- Tkpr
---- Hours Value
10/01/07
GFC
REVIEW EMAILS; CALL TO ERIC MEYER -----
0.50 -------
100.00
10/01/07 EBM PREPARATION OF COMPLAINT; EMAILS TO AND 2.00 400.00
FROM K. DURIK RE: SAME
10/02/07 GFC REVIEW COMPLAINT; MEET WITH ERIC MEYER 1.25 250.00
RE COMPLAINT
10/22/07 EBM PHONE CONVERSATION WITH K. DURIK RE: 0.25 50.00
VILLAGECRAFT PLEADING
10/24/07 EBM REVIEW AND REVISION OF COMPLAINT; FILED 0.25 50.00
SAME
TOTAL HOURS 4.25
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours Value
------------------------- -------
ERIC B. MEYER 2.50 500.00
GREGORY F. CIRILLO 1.75 350.00
------------
CURRENT FEES 850.00
27317 ADVANTAGE LEASING CORPORATION
81662 vs.VILLAGECRAFT CONTRACT FURNISHING, L.
11/12/07
FOR COSTS ADVANCED AND EXPENSES INCURRED:
Invoice Number 204278
Page 2
TELEPHONE (LONG DISTANCE) 3.61
DUPLICATING 11.73
FILINGS/RECORDINGS 157.00
------------
CURRENT EXPENSES 172.34
TOTAL BALANCE DUE UPON RECEIPT $1,022.34
If you have a question regarding this invoice or your account, or if you wish to pay with a credit card, please
contact the Accounts Receivable Dept. at 215-575-7104. For your records, our Taxpayer Identification No. is 23-1398811.
DILWORTH PAXSON LLP
3200 MELLON BANK CENTER
1735 MARKET STREET
PHILADELPHIA, PA 19103-7595
KRISTIN J. DURIK
VICE PRESIDENT-OPERATIONS
ADVANTAGE LEASING CORPORATION
324 EAST WISCONSIN AVENUE
SUITE 250
MILWAUKEE, WI 53202
Invoice Number 204984
Invoice Date 12/05/07
Due Date 01/04/08
Client Number 27317
Matter Number 81662
-----------------------------------------------------------------------------
Re: vs.VILLAGECRAFT CONTRACT FURNISHING, L.P.
FOR PROFESSIONAL SERVICES RENDERED FROM 11/21/07 THROUGH 11/30/07:
Date Tkpr Hours Value
-------- ---- ----- -------
11/21/07 EBM REVIEW OF FILE; EMAIL TO CLIENT RE: 0.25 50.00
COMPLAINT STATUS
11/30/07 CTM REVIEW DOCKET REGARDING STATUS ON 1.85 222.00
COMPLAINT ANSWER; PREPARATION OF
DEFAULT NOTICE AND NOTICE OF MAILING TO
VILLAGE CRAFT AND J. TROLINGER AND
MAILING OF SAME
TOTAL HOURS 2.10
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours value
------------------------- -------
ERIC B. MEYER 0.25 50.00
CATHERINE T. MORTON 1.85 222.00
------------
CURRENT FEES 272.00
27317 ADVANTAGE LEASING CORPORATION
81662 vs.VILLAGECRAFT CONTRACT FURNISHING, L
12/05/07
FOR COSTS ADVANCED AND EXPENSES INCURRED:
TELEPHONE (LONG DISTANCE)
DUPLICATING
SERVICE FEES
UPS
CURRENT EXPENSES
LESS RETAINER/CREDIT
TOTAL EXPENSES
Invoice Number 204984
Page 2
4.51
13.80
100.00
4.20
122.51
-34.62
87.89
TOTAL BALANCE DUE UPON RECEIPT $359.89
If you have a question regarding this invoice or your account, or if you wish to pay with a credit card, please
contact the Accounts Receivable Dept. at 215-575-7104. For your records, our Taxpayer Identification No. is 23-1398811.
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Gregory F. Cirillo, Esq. (I.D. No.: 46878) Non-Jury Trial
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200 Attorneys for Plaintiff
ADVANTAGE LEASING CORPORATION Court of Common Pleas
Cumberland County
Action at Law
Plaintiff,
V. No. 07-6330 Civil Term
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
And
JERRY M. TROLINGER, JR.
Defendants.
AFFIDAVIT OF NON MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF PHILADELPHIA
ERIC B. MEYER, ESQUIRE, being duly sworn according to law, deposes and says that
he is an attorney for Plaintiff named herein; that as such he is authorized to take this Affidavit on
its behalf; that the facts set forth herein are true and correct to the best of his knowledge,
information and belief; that Defendant, Villagecraft Contract Furnishings, L.P., Villagecraft
Factory Direct, Inc. was last known to have an address at 1446 Holly Pike, Carlisle, PA 17013,
that Defendant is a Pennsylvania business and therefore not in the Active Military or Naval
Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its amendments; that Defendant Jerry M.
7154541
Trolinger, Jr. was last known to have an address at 2551 Spring Road, Carlisle, PA 17013, that
Defendant is over eighteen (18) years of age; that Defendant's employment is unknown; and that
the Defendant is not in the Active Military or Naval Service of the United States or its Allies or
otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940
and its amendments.
Dilworth Paxson LLP
By. L
V, ,-
GregoryT Cirillo, E uire
Eric B. Meyer, Esquire
Attorneys for Plaintiff
Sworn to and Subscribed
before me this /"'/' day
of 2007.
Notary Public
WTA1RK BE d.
DEBORAH E, FARRIS, No" P4bk
CIV of Pte, Pwbl
^ AY r
715454_1
2
? a cD
Fn-
-:' r n
c ..
2-1 [v
N `<
ADVANTAGE LEASING CORPORATION Court of Common Pleas
Cumberland County
Action at Law
Plaintiff,
V. No. 07-6330 Civil Term
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
And
JERRY M. TROLINGER, JR.
Defendants.
DEFAULT JUDGMENT
AND NOW, this bea- (q , 2007, judgment is entered in favor
of Plaintiff, Advantage Leasing Corporation, and against Defendants, Villagecraft Contract
Furnishings, L.P., Villagecraft Factory Direct, Inc. and Jerry M. Trolinger, Jr., jointly and
severally, by default, for want of an answer or appearance and damages assessed at the sum of
Seventy Seven Thousand Five Hundred Fifty Four Dollars and Seventy Four Cents
($77,554.74).
Is/ IC . xNa
u is R. Long OCA
Prothonotary
7154541
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
ADVANTAGE LEASING CORPORATION
V.
Plaintiff,
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
And
JERRY M. TROLINGER, JR.
Defendants.
NOTICE
TO: VILLAGECRAFT CONTRACT FURNISHINGS, L.P.
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
Non-Jury Trial
Attorneys for Plaintiff
Court of Common Pleas
Cumberland County
Action at Law
No. 07-6330 Civil Term
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that
a Judgment has been entered against you in the above proceeding as indicated below:
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment of Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEYS: GREGORY F. CIRILLO, ESQUIRE OR ERIC B. MEYER, ESQUIRE
AT THE FOLLOWING TELEPHONE NUMBER: (215) 575-7000.
7154541
jj-// 9A , 7 # a-t? '40- - Lv '0'a
Gregory F. Cirillo, Esq. (I.D. No.: 46878)
Eric B. Meyer, Esq. (I.D. No.: 87969)
DILWORTH PAXSON LLP
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
Tel: 215-575-7000
Fax: 215-575-7200
ADVANTAGE LEASING CORPORATION
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
And
JERRY M. TROLINGER, JR.
Defendants.
NOTICE
TO: JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Non-Jury Trial
Attorneys for Plaintiff
Court of Common Pleas
Cumberland County
Action at Law
No. 07-6330 Civil Term
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that
a Judgment has been entered against you in the above proceeding as indicated below:
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment of Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEYS: GREGORY F. CIRILLO, ESQUIRE OR ERIC B. MEYER, ESQUIRE
AT THE FOLLOWING TELEPHONE NUMBER: (215) 575-7000.
7154541 n
to-iqk" ?? ?u d-c.a )e. )COXT otd
SHERIFF'S RETURN - REGULAR
CASE I\1'O: 2007-06330 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
VILLAGECRAFT CONTRACT FURNISHINGS LP the
DEFENDANT at 0940:00 HOURS, on the 9th day of November , 2007
at 1446 HOLLY PIKE
CARLISLE, PA 17013
by handing to
KEVIN WOODWARD, MANAGER ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
4.80
.58
10.00 R. Thomas Kline
.00
33.38 11/13/2007
DILWORTH PAXSON
By:
day Deputy Sheriff
, A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
VILLAGECRAFT FACTORY DIRECT INC
DEFENDANT
was served upon
the
at 0940:00 HOURS, on the 9th day of November , 2007
at 1446 HOLLY PIKE
CARLISLE, PA 17013 by handing to
KEVIN WOODWARD, MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
1p? .00
16
00
`3 .
Sworn and Subscibed to
before me this day
of ,
So Answers: ?i?i??%w?.?s"?_`?."2.., of ,,.'?'
R. Thomas Kline
11/13/2007
DILWORTH PAXSON
By-
Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NCB: 2007-06330 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TROLINGER JERRY M JR
DEFENDANT
the
at 0940:00 HOURS, on the 9th day of November-, 2007
at 1446 HOLLY PIKE
CARLISLE, PA 17013
by handing to
KEVIN WOODWARD, MANAGER ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 11/13/2007
DILWORTH PAXSON
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of , A.D.
CIVIL DIVISION
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR WRIT OF EXECUTION
Caption:
ADVANTAGE LEASING CORPORATION
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1441, Ne11y Pike
and Choliak. PA 1.1103
0 Confessed Judgment
: I ? Other
File No. 07-6330
Amount Due $77,554.74
Interest $ 4,653.28
Atty's Comm 500.00
Costs 24.50 Prothonotary Fee
JERRY M. TROLINGER, JR., &SSI Spr1..J Rd, Cw4ozk, PA ho 13
Defendants,
CITIZENS BANK, 117A Popku Chv«?' M. Ca%P N'11 PA 1100
SOVEREIGN BANK, and
M&T BANK. Ito s. Sprin3 (men t-4. Carlisle, PA 11013
Garnishees.
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 properly pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt interest and costs upon the following described property of the defendant (s)
Any and all savings accounts checking accounts, including but not limited to account number 6202002135
from Citizens Bank and account number 2891101294 from Sovereign Bank, money market accounts,
certificates of deposit safety de spo it box contents and any and all property of the defendants as named
above singly or_Jointly, in the possession of the Garnishees.
150.00 Sheriff Fee -* see 6=k
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(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 gamishee(s).
7245501
?r
wq t
?e
31 lo$ J0 (ye
"
eei` It
?OW On 4 f p
.4 %
O (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendants) described in the attached exhibit.
Date Z Z? ?0 Signature:.
Print Name: ERIC B. MEYER, ESOUIRE
Address: 3200 MELLON BANK CTR.
1735 MARKET STREET
PMADELPHIA. PA 19106
Attorney for: PLAINTIFF
Telephone: 215-575-7000
Supreme Court ID No: 87969
7245501
_ i* C-- °
tr 9,
(C g, oo Ctt 00 Q s
6' ?? r
CO
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6330 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADVANTAGE LEASING CORPORATION, Plaintiff (s)
From VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,1446 Holly Pike, Carlisle, PA 17013
VILLAGECRAFT FACTORY DIRECT, INC., 1446 Holly Pike, Carlisle, PA 17013
JERRY M. TROLINGER, JR., 2551 Spring Road, Carlisle, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
CITIZENS BANK, 872 Poplar Church Road, Camp Hill, PA 17011
SOVEREIGN BANK,1 Camp Hill Bypass, Camp Hill, PA 17011
M&T BANK, 100 S. Spring Garden Street, Carlisle, PA 17013
Any and all savings accounts, checking accounts, including but not limited to account # 6202002135
from Citizens Bank and account #2891101294 from Sovereign Bank, money market accounts,
certificates of deposit, safety deposit box contents, and any and all property of the defendants as
named above, singly or jointly, in the possession of the Garnishees.
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 $77,554.74
Interest -- $4,653.28
Atty's Comm $500.00 %
Atty Paid $184.88
Plaintiff Paid
Date: 3/10/08
L.L. $.50
Due Prothy $2.00
Other Costs
f
Curti R. Long, Pro Ofary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ERIC B. MEYER, ESQUIRE
Address: 3200 MELLON BANK CTR.
1735 MARKET STREET
.? PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-575-7000
Supreme Court ID No. 87969
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:15 Hours, on the 17th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT CONTRACT FURNISHINGS LP
hands, possession, or control of the within named Garnishee
CITIZENS BANK 665 N EAST ST
CARLISLE, PA 17013
in the
Cumberland County, Pennsylvania, by handing to
MELISSA AUMAN (ADULT IN CHARGE)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs: So
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00 ? 3//Y/i78
03/18/2008
Sworn and Subscribed to
before me this day of By ?.
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:15 Hours, on the 17th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT FACTORY DIRECT INC in the
hands, possession, or control of the within named Garnishee
CITIZENS BANK 665 N EAST ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
MELISSA AUMAN (ADULT IN CHARGE)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answe s•
Docketing .00 Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
0 0
03/18/2008
Sworn and Subscribed to
before me this day of By ??.
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:15 Hours, on the 17th day of March 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
TROLINGER JERRY M JR
, in the
hands, possession, or control of the within named Garnishee
CITIZENS BANK 665 N EAST ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
MELISSA AUMAN (ADULT IN CHARGE)
personally three copies of interogatories together with
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
true
and made
So answer
.00
.00 - .r
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
0.00 3/i8?o ..
03/18/2008
day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:00 Hours, on the 17th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT CONTRACT FURNISHINGS LP in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (ADULT IN CHARGE) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers:
Docketing .00
Service .00 ? ?..0
Affidavit .00 R. Thomas Kline r
Surcharge .00 Sheriff of Cumberland County
.00-
.00 -311YI.DF n
03/18/2008
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:00 Hours, on the 17th day of March 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT FACTORY DIRECT INC in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17-W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (ADULT IN CHARGE)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
true
and made
So answers.-
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00-
? 3ll/0P,,
.00
03/18/2008
before me this day of
A.D
Deputy Sheriff
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CI,TNF
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:00 Hours, on the 17th day of March 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
TROLINGER JERRY M JR
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARILSLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (ADULT IN CHARGE)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
in the
true
and made
So ans r
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00-
.00 3 // F/0 P
03/18/2008
day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:30 Hours, on the 17th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT CONTRACT FURNISHINGS LP in the
hands, possession, or control of the within named Garnishee
M & T BANK 812 1/2 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
SONYA SHAW (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
So answer
.00
.00 e 4
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
0.00 3l1??17? ti
03/18/2008
day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:30 Hours, on the 17th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT FACTORY DIRECT INC in the
hands, possession, or control of the within named Garnishee
M & T BANK 812 1/2 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
SONYA SHAW (TELLER)
Personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service ,00
Affidavit .00
Surcharge .00
^„
Sworn and Subscribed to
.uu
So answers.
R. Thomas Kl inje
Sheriff of Cumberland County
.3//P/d9
03/18/2008
before me this day of
A.D
By I?
Deputy Sheriff
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06330 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ADVANTAGE LEASING CORPORATION
VS
VILLAGECRAFT CONTRACT FURNISH
And now NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:30 Hours, on the 17th day of March', 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
TROLINGER JERRY M JR
hands, possession, or control.of the within named Garnishee
M & T BANK 812 1/2 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
SONYA SHAW (TELLER)
, in the
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
So ansv?
.00
?' ?_???rr+e ?s
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00-
/??/og ?.,
.00
03/18/2008
day of By
Deputy eriff
A.D
-'?' -*.?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ADVANTAGE LEASING CORPORATION
324 East Wisconsin Avenue, Suite 250
Milwaukee, WI 53202 NO. 2007-6330
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,
VILLAGECRAFT FACTORY DIRECT, INC.
1446 Holly Pike
Carlisle, PA 17013
And
JERRY M. TROLINGER, JR.
2551 Spring Road
Carlisle, PA 17013
Defendants.
A-'?SLZ EAs `70
INTERROGATORIES IN ATTACHMENT
TO: Sovereign Bank
I Camp Hill Byp.
Camp Hill, PA 17011
These Interrogatories are to he answered separately and -fully in writing under oath and
signed by the person making the Answers pursuant to the applicable Rules of Civil Procedure. The
Answers to the Interrogatories shall be filed and served upon counsel within twenty (20) days after
service of the Interrogatories.
These Interrogatories are deemed to be continuing and any further information secured
subsequent to the filing of your Answers, which would have been includable in the Answers had this
information been known or available, is to be supplied by Supplemental Answers.
1. At the time you were served or at any subsequent time, did you owe either or both of the
Defendants any money or were you liable to either or both of them on any negotiable or other written
instrument or did either or both of the Defendants claim that you owed either or both of them any
money or were liable to either or both of them for any reason?
No
724596_1, ,
.A,_ _,",
2. At the time you were served or at any subsequent time, was there in your possession,
custody or control or in the joint possession, custody or control of yourself and one or more persons any
property of any nature owned solely or in part by either or both of the Defendants?
No-See Attached
3. At the time you were served or at any subsequent time, did you hold legal title to any
property of any nature owned solely or in part by either or both of the Defendants or in which either or
both of the Defendants held or claimed any interest?
No
4. At the time you were served or at any subsequent time, did you hold as fiduciary any
property in which either or both of the Defendants had any interest?
No
5. At any time before or after you were served, did either or both of the Defendants transfer
or deliver any property to you or to any person or place pursuant to your direction or consent and what
was the consideration therefore?
No
6. At any time after you were served, did you pay, transfer, or deliver any money or
property to either or both of the Defendants or to any person or place pursuant to either or both of the
Defendants' direction or otherwise discharge any claim of either or both of the Defendants against you?
No
DILWORTH PAXSON LLP
BY: Y,1, V, '(11?
ERIC B. MEYER, ESQUIRE
Attorney I.D. # 87969
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
(215) 575-7283 - direct dial
(215) 575-7200 - facsimile
Attorney for Plaintiff
7245961
2
ANSWERS TO INTERROGATORIES
Account # 2891101413 Balance: $0.00
Account Holder: Villagecraft Factory Direct
1446 Holly Pike
Carlisle, PA 17015-9102
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By:
Timothy J. Cooney
C.O.P. Team Leader
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Advantage Leasing Corporation
VS.
Villagecraft Contract Funishings, L.P. and Villiagecraft Factory Direct, Inc. and
Jerry Trolinger
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows.
Eric B. Meyer, Esquire
Dilworth Paxson, LLP
3200 Mellon Bank Center 1735 Market Street
Philadelphia, PA 19103
Service by certified mail addressed as follows:
Villagecraft Factory Direct
1446 Holly Pike
Carlisle, PA 17015-9102
TimotN(y J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 MB3-02-10
2 Morrisey Boulevard
Boston, MA 02125
March 28, 2008
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
ADVANTAGE LEASING
CORPORATION,
No.07-6330
Plaintiff(s),
VS.
VILLAGE CRAFT CONTRACT
FURNISHINGS, LP, VILLAGE CRAFT
FACTORY DIRCT, INC AND JERRY M.
TROLINGER, JR,
Defendant(s),
VS.
Citizens Bank of Pennsylvania,
Garnishee.
Answers to Interrogatories
Code: 200 Execution
Filed on Behalf of Garnishee,
Citizens Bank of Pennsylvania
Counsel of Record for
this Party:
Nicholas Deenis, Esquire
PA I.D. No. 62378
2600 One Commerce Square
Philadelphia, PA 19103 - 7098
(215)-564-8142
W
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
ADVANTAGE LEASING
CORPORATION
Plaintiff(s),
No. 07-6330
VS.
VILLAGE CRAFT CONTRACT
FURNISHINGS, LP, VILLAGE CRAFT
FACTORY DIRCT, INC AND JERRY M.
TROLINGER, JR
Defendant(s),
and
Citizens Bank of Pennsylvania,
Garnishee.
ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK
The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of
the Plaintiff(s):
(NUMBERS 1 to 9) At the time of service of above-captioned Writ of Execution and to the
present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories:
The Garnishee, Citizens Bank of PA, states that it maintains no record of any attachable
accounts in the name of the Defendant(s); VillageCraft Contract Furnisheings, LP,
Villagecraft Factory Direct, Inc. or Jerry Trolinger, Jr., accordingly, no funds are being held
subject to this Writ of Execution.
Certificate of Service
I, Laura Noel, hereby certify that a true and correct copy of the Answers to
Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage
prepaid, this N day of 41 12008.
ERIC B. MEYER, ESQ
DILWORTH PAXSON LLP
3200 MELLON BANK CTR
PHILADELPHIA, PA 19103
Laura N tel
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for said
Commonwealth and County, personally appeared Laura Noel who being duly sworn
according to the law deposes and says that she is the an Operations Clerk, and that the
statements set forth in foregoing Answers to Interrogatories are true and correct to the best of
her knowledge, information, and belief.
1"-z- //'/?/
aura Noel
Sworn and subscribed before
me this day of
Xn t '2008.
11141--
tary P c
COMMONVv EEL i r+ OF
Notarial Sea,
Bruce D. Mountjoy Nota:y ku.;:c. j
City Of Pittsburgh.. A;iraryF-
My Commission Expr(?., rn ,i
M ?thr. _ ;r
VO
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ADVANTAGE LEASING CORPORATION
Plaintiff,
V.
VILLAGECRAFT CONTRACT FURNISHINGS, L.P., Action at Law
VILLAGECRAFT FACTORY DIRECT, INC.
and No. 07-6330 Civil Term
JERRY M. TROLINGER, JR
Defendants,
CITIZENS BANK,
SOVEREIGN BANK, and
M&T BANK
Garnishees.
PRAECIPE TO DISSOLVE ATTACHMENT AGAINST GARNISHEES
CITIZENS BANK. SOVEREIGN BANK AND M&T BANK
TO THE PROTHONOTARY:
Kindly mark the attachment against Garnishees, Citizens Bank, Sovereign Bank and M&T
Bank, "Dissolved" upon payment of your costs.
DILWORTH PAXSON LLP
BY:
ERIC B. MEYER, Esq. (I.D. # 87969)
GREGORY F. CIRILLO, Esq. (I.D. # 46878)
3200 Mellon Bank Center
1735 Market Street
Philadelphia, PA 19103
(215) 575-7283 - direct dial
(215) 575-7200 - facsimile
Attorneys for Plaintiffs
7294281
,= T-1
cil
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
JERRY M. TROLINGER, JR.,
Debtor
JERRY M. TROLINGER, JR.,
Movant
V.
ADVANTAGE LEASING
CORPORATION,
Respondent
CHAPTER 7
SSN: xxx-xx-0673
CASE NO: 1-08-bk-01425-RNO
(LIEN AVOIDANCE)
RTIF jRROMM THE RECORD this??
day , 20
Clerk, S. kruptcy CLE
Po A
ORDER AVOIDING A JUDICIAL LIEN
The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this
day before the Court, it is:
HEREBY ORDERED that the judgment entered by Advantage Leasing Corporation, in
the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-6330 is avoided
and declared void as to all of the real property located at 2551 Spring Road, Carlisle,
Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County,
Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such
real properties to which the Debtor would otherwise be entitled
By the Court,
Robert N. Ope A BwAmap#cy Judge
Mis domm&u is ekcftn caay signed filed on the == date.
Dated: August 15, 2008
Case 1:08-bk-01425-RNO Doc 46 Filed 08/15/08 Entered 08/15/08 07:49:32 Desc
Main Document Page 1 of 1
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R. Thanas Kline, Sheriff, who being duly sworn
according to law, states this writ is returned
ABANDONDED. No action has been taken in the last six
months.
Sheriff's Costs:
Docketing
Law Library
Prothonotary
Mileage
Garnishee
Surcharge
Levy
$18.00
.50
2.00
14.40
27.00
60.00
60.00
So Answers:
R. Thcmas Kline, Sheriff
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BY G
Serg ant
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PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-575-7000
Supreme Court ID No. 87969
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6330 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADVANTAGE LEASING CORPORATION, Plaintiff (s)
From VILLAGECRAFT CONTRACT FURNISHINGS, L.P.,1446 Holly Pike, Carlisle, PA 17013
VILLAGECRAFT FACTORY DIRECT, INC., 1446 Holly Pike, Carlisle, PA 17013
JERRY M. TROLINGER, JR., 2551 Spring Road, Carlisle, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
CITIZENS BANK, 872 Poplar Church Road, Camp Hill, PA 17011
SOVEREIGN BANK, 1 Camp Hill Bypass, Camp Hill, PA 17011
M&T BANK, 100 S. Spring Garden Street, Carlisle, PA 17013
Any and all savings accounts, checking accounts, including but not limited to account # 6202002135
from Citizens Bank and account #2891101294 from Sovereign Bank, money market accounts,
certificates of deposit, safety deposit box contents, and any and all property of the defendants as
named above, singly or jointly, in the possession of the Garnishees.
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 $77,554.74
L.L. $.50
Interest -- $4,653.28
Atty's Comm $500.00 %
Atty Paid $184.88
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 3/10/08
(Seal)
r
Curti. Long, Pr otaryBy:
Deputy
REQUESTING PARTY:
Name ERIC B. MEYER, ESQUIRE
Address: 3200 MELLON BANK CTR.
1735 MARKET STREET
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