HomeMy WebLinkAbout08-2102IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Case No. DS - xlli); Civ11 !e -m
Civil Action
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU.
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 ST.
CARLISLE, PA 17013
(800) 990-9108
(717) 249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A., )
successor-in-interest by merger to )
Commerce Bank/Central, N.A., )
Plaintiff )
VS. )
SMITH AUTO BODY SHOP, INC., d\b\a )
SMITH'S AUTO, )
Defendant )
COMPLAINT
Case No. D F- a to ;?--
Civil Action
Plaintiff, Commerce Bank, N.A., by and through its legal counsel, Lesavoy Butz & Seitz
LLC, states the following complaint:
Plaintiff, Commerce Bank, N.A., is a federally chartered banking institution with
offices at One Royal Road, Flemington, NJ 08822.
2. Plaintiff is the successor-in-interest by merger to Commerce Bank/Central, N.A.,
by reason of a merger that took effect on April 1, 2001.
3. Defendant is a Pennsylvania business corporation operating an automotive repair
business at 5215 Simpson Ferry Road, Mechanicsburg, PA 17055.
4. In order to document a commercial loan from Plaintiff to Defendant, Defendant
executed a U.S. Small Business Administration Note in Plaintiff's favor dated July 27, 2001, in
the amount of $228,000 (the "Note"). A true and correct copy of the Note is attached hereto,
made a part hereof, and marked as Exhibit A.
5. The $228,000 loan is also documented by a Business Loan Agreement dated
July 27, 2001 (the "Loan Agreement"). A true and correct copy of the Loan Agreement is
attached hereto, made a part hereof and marked as Exhibit B.
6. Defendant is in default under the Note and the Loan Agreement by reason of its
failure to make payments due under the Note.
7. As a result of the foregoing defaults, all amounts under the Note are due and
owing in full.
8. The Note contains a waiver of demand.
9. Section 7(B) of the Note permits Plaintiff to collect its expenses, including
reasonable attorneys' fees and costs.
10. The sum of $15,000, which is less than ten percent of the unpaid principal due
under the Note, is a reasonable figure for attorneys' fees to be incurred in this matter and in
liquidating Plaintiff's collateral.
11. After credit for all partial payments made, the amount due to Plaintiff as of
March 20, 2008 under the Note and the Loan Agreement is as follows, plus accruing interest
from and including March 21, 2008, at the rate stated in the Note:
Principal due
Interest through 3/20/08
Attorneys' fees
TOTAL
*per diem = $41.09
$ 155,727.41
$ 18,870.20*
$ 15,000.00
$ 189,597.61
12. Plaintiff has not assigned its interests in the Note, the Loan Agreement, or the
obligation they secure.
WHEREFORE, Plaintiff demands the entry of judgment against Defendant, in the
amount of $189,597.61 (which includes interest through March 20, 2008), plus (A) additional
interest at the rate stated in the Note from and including March 21,2008, and (B) costs.
LESAVOY BUTZ & SEITZ LLC
Jack M.
Attorne N6
Zacharyohen, Esq.
Attorney No. 91119
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
VERIFICATION
I, Louis P. Chiarlanza, hereby state and verify that I am a Vice President of Commerce
Bank, N.A., that I am authorized to take this verification on behalf of said organization; and that
the facts set forth in the foregoing Complaint 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.
§4904 relating to unsworn falsification to authorities.
Date
2008
Name! ouis Y Chiarlanza
Title: ice President
?5x4,b,c+
M i d .oc MPOAaaa
s31a3s 00006
U.S. SMALL BUSINESS ADMINISTRATION
. U.S. Small Business Administration
NOTE
SBA Loan PILP 443-3854007
SBA Loan Name Smith Auto Body Shop, Inc. WWII Smith's Auto
Date July 27, 2001
Loan Amount $228,000.00
Interest Rate Variable
Borrower Smith Auto Body Shop, Inc. &Wa Smith's Auto
Operating
Company
Lender Commerce Bank, N.A.
f. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of Two Hundred Twenty-eight Thousand &
OW100 Dollars, interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
'Guarantor' means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges
collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
The Interest rate on this Note will fluctuate. The initial interest rate Is 10.25% per year. This initial rate is the prime rate on the date
SBA received the loan application, plus 2.25%0. The initial interest rate must remain in effect until the first change period begins.
Interest on this note is computed on a 30/360 simple interest basis; that is, with the exception of odd days in the first payment period,
monthly interest is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding
principal balance, multiplied by a month of 30 days. Interest for the odd days Is calculated on the basis of the actual days to the next
full month and a 360-day year
Borrower must pay principal and interest payments of S3.044.69 every month, beginning on the 1st day of the month after the
1st full month from date of note; payments must be made on the first calendar day in the months they are due.
SBA FORM 147 (10122/98) Previous editions obsolete
PROMISSORY NOTE
Loan No: 1361505642 (Continued)
Page 2
Lender will apply each Installment payment first to pay interest accrued to the day Lender receives the payment, then to bring
principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted on the first day of every calendar quarter (the "change period").
The 'Prime Rate' is the prime rate in effect on the first business day of the month in which an interest rate change occurs,
as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate on the first calendar day
of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of
the change. The initial interest rate must remain in effect until the first change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the
note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect
at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the
rate in effect at the time of purchase.
All remaining principal and accrued interest is due and payable 10 years from date of Note.
Late Charge: If a payment on this Note is more than 15 days late, Lender may charge Borrower a late fee of up to 5% of the
unpaid portion of the regularly scheduled payment.
4. RIGHT TO PREPAY:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time without
notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market, Borrower must:
A. Give Lender written notice;
B. Pay all accrued interest; and
C. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21
days' interest from the date Lender receives the notice, less any interest accrued during the 21 days and paid under
subparagraph B.
If Borrower does not prepay within 60 days from the date Lender receives the notice, Borrower must give Lender a new
notice.
5. DEFAULT:
Borrower is in default under this Note If Borrower does not make a payment when due under this Note, or if Borrower or
Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
1. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay
this Note.
SBA FORM 147 (10/22/98) Previous editions obsolete
PROMISSORY NOTE
Loan No: 1361505642 (Continued)
6. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgement;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
7. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
Page 3
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document,
and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property
taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs.
If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the
principal balance;
C. Release anyone obligated to pay this Note,
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
8. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or
SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other
purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or
liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat
any claim of SBA, or preempt federal law.
9. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and
assigns.
10. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to
acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may
delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, ail other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that
Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or
did not obtain the fair market value of Collateral at a sale.
11. STATE-SPECIFIC PROVISIONS:
SBA FORM 147 (10/22/913) Previous editions obsolete
PROMISSORY NOTE
Loan No: 1361505642 (Continued) Page 4
12. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
BORROWER:
SMITH AUTO BODY SHOP, INC. DB/A SMITH'S AUTO
By: G, .1le- (Seal)
Bri n L Johns , President Smith Auto Body
Shop, Inc. d/b/a Smith's Auto
ATTEST:
Secretary or Assis nt Secretary
By: / Aluin (Seal)
Kathil-W S Wii Vice President o Smitift Auto Body
Shop, Inc. d/b/a Smith's Auto
( Corporate Seal )
ev 1411,1
SBA FORM 147 (10122198) Previous editions obsolete
rxkr-?),4 6
03i0A33H
111111111111111111111111111111
BUSINESS LOAN AGREEMENT
Principal Loan C1ate M4fiuiity pan N4 Call rCbfl` Ilccatstit. Officer "Initials
$228 000.00 07.27.2001 08-01 201 `.: t381$b42 O9NA. ' B.Ri1SBA3: TEI.::
References in the shaded area are for Landers use only and do not limit the applicability, of this doeurthenl to any particular ban or item.
Any Itm above containing •'•'" hits been omftled due la text fandh limumn t
ii-
B0rr0Wer: Smith Auto Body Shop, Inc, d/b/a Smith's Auto Lender: Commerce Bank, N.A.
25-1689623)
5215 1701 Route 70 East
5215 Simpson Ferry Road Cherry Hill, NJ 06034
Mechanicsburg, PA 17055
THIS BUSINESS LOAN AGREEMENT dated July 27, 2001, Is made and executed between Smith Auto Body Shop, Inc. WWII Smith's Auto
("Borrower") and Commerce Bank, N.A. ("Lender') on the following terms and conditions. Borrower has received prior commercial loans
from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, Including those which may be
described on any exhibit or schedule attached to this Agreement (`Loan"). Borrower understands and agrees that: (A) In granting, renewing,
or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth In this Agreement, and (B)
all such Loans shall be and remain subject to the terms and conditions of this Agreement.
TERM. This Agreement shall be effective as of July 27, 2001, and shall continue In full force and effect until such time as all of Borrowers Loans In
favor of Lender have been paid in furl, Including principal, interest. costs, expenses, attorneys' fees, and other fees and charges, or unit] such time as
the parties may agree in writing to terminate this Agreement.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this
Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents.
Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to
Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence
of insurance as required below; (5) guaranties; (6) together with all such Related Documents as Lender may require for the Loan; all in form and
substance satisfactory to Lender and Lender's counsel.
Borrower's Authorization. Borrower shall have provided in form and substance satisfactory to Lender property certified resolutions, duly
authorizing the execution and delivery of this Agreement, the Note and the Related Documents. In addition, Borrower shall have provided such
other resolutions, authorizalions, documents and Instruments as Lander or its counsel, may require.
Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as
specified in this Agreement or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Agreement, in the Related Documenis, and in any
document or certificate delivered to Lender under "a Agreement are true and correct
No Event of DefaulL There shag not exist at the time of any Advance a condition which would constitute an Event of Default under this
Agreement or under any Related Document.
REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to LerKler, as of the date of this Agreement, as of the date of each
disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and at sit times any Indebtedness exists:
Organization. Borrower is a corporation for profit which is, and at all limes shag be, duty organized, validly existing, and in good standing under
and by virtue of the laws of the Commonwealth of Pennsylvania. Borrower is duly authorized to transact business In all other states in which
Borrower is doing business, having obtained all necessary filings, governmental licenses and approvals for each stale in which Borrower Is doing
business. Specifically, Borrower is, and at all limes shag be, duly qualified as a foreign corporation in an states in which the failure to so qualify
would have a material adverse effect on its business or financial condition. Borrower has the full power and authority to own its properties and to
transact the business in which it is presently engaged or presently proposes to engage. Borrower maintains an office at 5215 Simpson Ferry
Road, Mechanicsburg, PA 17055. Unless Borrower has designated otherwise in writing, the principal office Is the office at which Borrower keeps
its books and records including as records concerning the Collateral. Borrower will notify Lender prior to any change In the location of Borrower's
state of organization or any change in Borrowers name. Borrower shag do all things necessary to preserve and to keep in full force and effect its
existence, rights and privileges, and shag comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or
quasi-governmental authority or court applicable to Borrower and Borrower's business sclivilles.
Assumed Business Names. Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used
by Borrower. Excluding the name of Porrower, the following is a complete list of all assumed business names under which Borrower does
business: Smith's Auto
Authorization. Borrower's execution, delivery, and performance of this Agreement and all the Related Documents have been duly authorized by
all necessary action by Borrower and do not conflict with, result in a violation of, or constitute a default under (1) any provision of Borrower's
articles of incorporation or organization, or bylaws, or any agreement or other instrument binding upon Borrower or (2) any low, govemmerNet
regulation, court decree, or order applicable to Borrower or to Borrower's properties.
as of the
Financial Information. Each of Borrower's financial statements suppled to Lender truly and completely disclosed Borrower's financial condition tatem most recentttfl ancialsstat meent supplied to Lender. material has adverse no mater'ial in Sommer's financial
statements.
contingent I obligations ceecept as disclosedtnlsuchtlinenaa
Legal Effect. This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will
constitute legal, valid, and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms.
Properties. Except as contemplated by Ihis Agreement or as previously disclosed in Borrower's financial statements or in writing to Lander and as
accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good tale to all of
Borrower's properties free and clear of ail Security Interests, and has not executed any security documents or financing statements relating to such
properties. All of Borrower's properties are tilled in Borrower's legal name, and Borrower has not used, or filed a linancig statement under, any
other name for at least the last five (5) years.
Hazardous Substances. Except as disclosed to and acknowledged by Lender In writing, Borrower represents and warrants that: (1) During the
period of Borrower's ownership of Borrower's Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral. (2) Borrower has no knowledge of,
or reason to believe that there has been (a) any breach or violation of any Environmental Laws; (b) any use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any prior owners or
occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters. (3)
Neither Borrower nor any tenant, contractor, agent or other authorized user of arty of the Collateral shag use, generate, manufacture, store, treat,
dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and any such activity shall be conducted in
compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation all Environmental Laws.
Borrower authorizes Lender and Its agents to enter upon the Collateral to make such inspections and tests as Lender may deem appropriate to
determine compliance of thrl Collateral with this section of the Agreement. Any inspections or tests made by Lender shall be at Borrower's
expense and for Lender's purposes only and shall not be construed to create any responsibility or liability on the pert of Lender to Borrower or to
any other person. The representations and warranties contained herein are based on Borrower's due iffi igence in investigating the Collateral for
hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or
contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold
harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or
suffer resulting from a breach of this section of the Agreement or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, Including the
obligation to indemnity, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall
not be atiecled by Lender's acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise.
_oan No: 1361505642 VvL •?v(Continued)• ?r.r"•. Page 2
Taxes. To the best of Borrower's knowledge, all of Borrower's tax returns and reports that are or were required to be filed, have been filed, and all
taxes, assessments and other governmental charges have been paid in full, except those presently being or to be contested by Borrower in good
laiti in the ordinary course of business and for which adequate reserves have been provided.
Lien Priority. Unless otherwise previously disclosed to Lender in writing, Borrower has not entered Into or granted any Security Agreements, or
permitted the D ng or attachment of any Security Interests on or affecting any of the Collateral directly or Indirectly securing repayment of
Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such
Collateral.
Binding Effect. This Agreement, the Note, all Security Agreements (if any), and all Related Documents are binding upon the signers thereof, as
well as upon their successors, representatives and assigns, and are legally enforceable in accordance with their respective terms.
%FFiRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, so long as [his Agreement remains in effect, Borrower wilt:
Notices of Claims and Litigation. Promptly inform Lender in writing of (1) all material adverse changes in Borrower's financial condition, and
(2) all existing and all threatened litigation, clarrns, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor
which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.
Financial Records. Maintain its books and records in accordance with GAAP, applied on a consistent basis, and permit Lender to examine and
audit Borrower's books and records at all reasonable times.
Financial Statements. Furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (12o) days after the end of each fiscal year,
Borrower's balance sheet and income statement for the year ended, reviewed by a certified pudic accountant satisfactory to Lender.
Tax Retums. As soon as available, bud in no event later than one-hundred-twenty (120) days after the applicable filing dale for the tax
reporting period ended. Federal and other governmental tax returns, prepared by a certified pudic accountant satisfactory to Lender.
All financial reports required to be provided under this Agreement shaft be prepared in accordance with GAAP, applied on a consistent basis, and
candied by Borrower as being true and correct.
Additional Information. Fumish such additional information and statements, as Lender may request from,tNrte to time.
Insurance. Maintain Are and other risk insurance, pudic liability insurance, and such other insurance as Lender may require with respect to
Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender. Borrower, upon request
of Lender, will deliver to Lender from time to time, the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act omission or default of Borrower or
any other person. In connection with all policies covering assets In which Lender holds or is offered a security Interest for the Loans, Borrower will
provide Lender with such lender's loss payable or other endorsements as Lender may require.
Insurance Reports. Furnish to Lender, upon request of Lender, reports on each existing insurance policy stowing such information as Lender
may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks insured; (3) the arnount of the
policy: (a) the properties insured: (5) the then current property values on the basis of which insurance has been obtained, and the manner of
determining those values; and (6) the expiration date of the policy. In addition, upon request of Lender (however not more often then annually),
Borrower will have an independent appraiser satisfactory to Lender determine, as applicable, the actual cash value or replacement cost of any
Collateral. The cost of such appraisal shall be paid by Borrower.
Guaranties. Prior to disbursement of any Loan proceeds, lurnish executed guaranties of the Loans in favor of Lender, executed by the guarantors
named below, on Lender's forms, and in the amounts and under the conditions set forth in those guaranties.
Names of Guarantors Amounts
Brian L Johnson Unlimited
Kathryn S wiles Unlimited
Other Agreements. Comply with all terms and conditions of all other agreements, whether now or hereafter existing, between Borrower and any
other party and notify Lender immediately in writing of any default in connection with any other such agreements.
Loan Proceeds. Use all Loan proceeds solely for the following specific purposes: Purchase business known as Smith Auto and working
capital.
Taxes, Charges and Liens. Pay and discharge when due all of its Indebtedness and obligations, including without limitation all assessments,
taxes, governmental charges, levies and liens, of every kind and nature, Imposed upon Borrower or its properties, income, or profits, prior to the
date on which penalties would attach, and all lawful claims that, it unpaid, might become s lien or charge upon any of Borrower's properties,
income, or profits.
Performance. Perform and compty, in a timely manner, with all terms, conditions, and provisions set forth in this Agreement, in the Related
Documents, and in all other instrurrie nts and agreements between Borrower and Lender. Borrower shall notify Lender immediately in writing of
any defaut in connection with any agreement.
Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive
and management personnel; provide written notice to Lender of any change in executive and management personnel; conduct its business affairs
in a reasonable and prudent manner.
Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may
be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or
a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility
owned, leased or used by Borrower.
Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter In effect, of all
governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the
Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest In good faith any such taw, ordinance, or
regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior
to doing so and so long as, in Lender's We opinion, Lenders interests in the Collateral are not jeopardized. Lender may require Borrower to post
adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's
other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books,
accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records
and computer software programs for the generation of such records) in the possession of a third parry, Borrower, upon request of Lender, shall
notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may
request, all at Borrower's expense.
Compliance Certificates. Unless waived in writing by Lender, provide Lender at least annually, with a certificate executed by Borrower's chief
financial officer, or other officer or person acceptable to Lender, certifying that the representations and warranties set forth In this Agreement are
true and correct as of the date of the certificate and further certifying that, as of the date of the certificate, no Event of Default exists under this
Agreement.
Environmental Compliance and Reports. Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to
exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third parry, on property owned and/or
occupied by Borrower, arty environmental activity where damage may result to the environment, unless such environmental activity Is pursuant to
and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender
promptly and In any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other
communication from any governmental agency or instrumentality concerning any Intentional or unintentional action or omission on Borrower's part
in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources.
Additional Assurances. Make, execute and deliver to Lender such promissory notes. mortgages, deeds of trust, security agreements,
assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence
and secure the Loans and to perfect all Security Interests.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower
fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when
due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but
shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security
BUSINESS LOAN AGREEMENT
Loan No: 1361505642 (Continued) Page 3
interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving
any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the
date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lenders
option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any instalknenl
balloon is to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a
payment which will be due and payable at the Note's maturity.
NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement is in effect, Borrower shall not, without the prior
written consent of Lender:
indebtedness and Liens. (1) Except for trade debt Incurred in the normal course of business and Indebtedness to Lender contemplated by this
Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (2) sell, transfer, mortgage, assign, pledge,
lease, grant a security interest in, or encumber any of Borrower's assets (except as allowed as Permitted Liens), or (3) sell with recourse any of
Borrower's accounts, except to Lender.
Continuity of Operations. (1) Engage in any business activities substantially different then those M which Borrower is presently engaged, (2)
cease operations, liquidate, merge, transfer, acquire or consolidate with any other artily, change its name, dissolve or transfer or sell Collateral out
of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however
that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of
dividends, if Borrower is a "Subchapter S Corporation' (as defined in the Internal Revenue Code of 19813, as amended), Borrower may pay cash
dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make
estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a
Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or
alter or amend Borrower's capital structure.
Loans, Acquisitions and Guaranties. (1) Loan, invest in or advance money or assets, (2) purchase, create or acquire any interest in any other
enterprise or entity, or (3) incur any obligation as surety or guarantor other than in the ordinary course of business.
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other
agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds it: (A) Borrower or any Guarantor is in default
under the terms of this Agreemenl or arty of the Related Documents or any other agreement that Borrowet or any Guarantor has with Lender; (B)
Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition In bankruptcy or similar proceedings, or is adjudged a
bankrupt; (C) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of
any Collateral securing any Loan; or (D) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the
Loan or any other loan with Lender; or (E) Lender in good faith deems itself Insecure, even though no Event of Default shall have occurred.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts,
arid, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
DEFAULT. Each of the following shall constitute an Event of Defaull under this Agreement:
Payment Default. Borrower falls to make any payment when due under the Loan.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in
any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Borrower.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, converant or condition contained In any
environmental agreement executed in coninection with any Loan.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially effect any of Borrower's or any Grantor's properly
or Borrower's or any Grantor's ability to repay the Loans or perform their respective obligations under this Agreement or any of the Related
Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any lime thereafter.
Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appoinlment of a receiver
for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the cornmercemeM of any
proceeding under any bankruptcy or insolvency laws by or against Borrower.
Detective Colloterallzation. This Agreement or any of the Related Documents ceases to be In full force and effect (including failure of any
collateral document to create a valid and perfected security Interest or lien) at any time and for any reason.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and it Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
of becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death,
Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the
guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Change In Ownership. Any change in ownership of twentydfve percent (25%) or more of the common stock of Borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of the Loan is impaired,
Insecurity. Lender In good faith believes Itself insecure.
Right to Cure. If any default, other than a delault on Indebtedness, Is curable and if Borrower or Grantor, as the case may be, has not been given
a notice of a similar default within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) it Borrower or
Grantor, as the case may be, after receiving written notice from Lender demanding cure of such default: (1) cure the default within ten (10) days;
or (2) if the cure requires more than ten (10) days, immediately initiate steps which Lender deems In Lender's sole discretion to be sufficient to
cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
practical.
EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related
Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will
terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will
become due and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default of the type described in the
'Insolvency' subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies
provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights
arid remedies shall be cumulative and may be exercised singularly or concurrently, Election by Lender to pursue any remedy shall not exclude pursuit
of any other remedy, and an election to make expenditures or to lake action to perform an obligation of Borrower or of any Grantor shall not affect
Lenders right to declare a default and to exercise its rights and remedies.
COMMITMENT LETTER COMPLIANCE. This loan Is contingent upon Borrower's compliance with all of the terms and conditions contained in the
commitment letter Issued by Lender to Borrower on or about March 23, 2001 upon breach of any farm or condition contained therein. Lender she" have
the right to declare this ban in default and demand payment in lull of the principal balance remaining unpakf, together with all interest which shall have
accrued thereon.
tSU5lNtbb LOAN AUtitzLMtN i
.oan No: 1361505642 (Continued) Page 4
onnection with the Loan which was incorrectly drafted andlor signed, as well as any document or Instrument which should have been signed a( or
rior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten
10) days after receipt by Borrower of such request. Failure by Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute
n event of default under the Loan.
EASES. All teases pursuant to which Borrower shall lease to third parties portions of any property lies) pledged as security for the repayment of this
)an shall be subject to prior written approval by Lender (1) as to form and content and (ii) as to the identity and financial condition of the lessees.
:E-APPRAISAL. In the event that during the term of this loan or any extension thereof, Lender shall deem it necessary to obtain a current appraisal of
ny property(ies) pledged as security for the repayment of this loan, Lender shall engage the services of an appraiser acceptable to it and Borrower
greys to pay the fee charge by such appraiser in providing the current appraisal.
I.S. SMALL BUSINESS ADMINISTRATION CONDITIONS. The United States Small Business Administration (SBA) has authorized a Guarantee of a
han from Lender to Borrower. In consideration of the promises on this Agreement and far other good and valuable consideration, Borrower and
ender shall comply with the terms and conditions of the Small Business Authorization issued on April 10, 2001, and SBA's Participating Lender Rules
s defined in the Guarantee Agreement between Lender and SBA. Borrower agrees to do everything necessary for Lender to comply with the terms
nd conditions of said Authorization. Failure to abide by any of the Borrower requlrements will constitute an additional event of default under the Note
no other loan documents.
IOTICE. Any request notices for Accounting and Collateral Release must be diected to the Vice President of Loan Servicing at Commerce Bank, N.A.
oan Servicing Center, 1006 Astoria Boulevard, Cherry Hill, New Jersey 08034.
IISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
maters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the
parry or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and
Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce
this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and
legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post•judgmeni collection services. Borrower also shall pay all
court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one of more participation
interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any limitation whatsoever,
to any one or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter
relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such maters. Borrower additionally
waives any and all notices of sale of participation interests, as well as all notices of any repurchase of such participation interests. Borrower also
agrees that the purchasers of any such participation interests will be considered as the absolute owners of such interests in the Loan and will have
all the fights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives
all rights of offset or counterclaim that t may have now or later against Lender or against any purchaser of such a participation interest and
unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation tinder the Loan Irrespective of the failure or
insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation Interests may enforce Its
interests irrespective of any personal claims or defenses that Borrower may have against Lender.
Applicable Law. The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program
which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA
regulations: (a) When SBA Is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed
In accordance with federal law. (b) Lander or SBA may use local or state procedures for purposes such as filing papas, recording
documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity
from local or state control, penalty, fox or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to
deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause In this document requiring arbitration
Is not enforceable when SBA Is the holder of the Note secured by this Instrument.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right of any other right. A
waiver by Lender of a provision of this Agreement shat not prejudice or constitute a waiver of Lender's right otherwise to demand strict
compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender
and Borrower, a between Lender and any Grantor, shat constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's
obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by
Lender in any instance shag not constitute continuing consent to subsequent instances where such consent is required and in all cases such
consent may be granted or withheld in the sole discretion of Lender.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shag be given in writing, and shall
be effective when actually delivered, when actually received by lelelacsimis (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered maif postage prepaid,
directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by
giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
Borrower agrees to keep Lender Informed at all times of Borrower's current address. Unless otherwise provided by applicable law, if there is more
than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers.
Severabillty. If a court of competent jurisdiction finds any provision of this Agreement to be Illegal. Invalid, or unenforceable as to any
circumstance, that finding shag not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. N feasible, the
offending provision shall be considered modified so that t becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, Invalidity, or unenforceabifity of any provision
of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without
limitation any representation, warranty or covenant, the word 'Borrower' as used in this Agreement shall include all of Borrower's subsidiaries and
affiliates. Notwithstanding the loregoing however, wrier no circumstances shall this Agreement be construed to require Lender to make any Loan
or other financial accommodation to any of Borrower's subsidiaries or affiliates.
Successors and Assigns. All covenants and agreements contained by of on behalf of Borrower shall bind Borrower's successors and assigns
and shall inure to the benefit of Lender and its successors and assigns. Borrower shat not, however, have the right to assign Borrower's rights
under this Agreement or any Interest therein, without the prior written consent of Lender.
Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender is relying on all
representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to
Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such
representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shag be
continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shag be paid in full, or until this
Agreement shall be terminated in the manner provided above, whichever Is the fast to occur.
Time Is of the Essence. Time is of the essence in the performance of this Agreement.
Waive Jury. All parties to this Agreement hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by
any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically staled
to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Agreement shall have the meanings attributed to such terms In the Uniform Commercial Code. Accounting words and terms not otherwise defined in
this Agreement shall have the meanings assigned Io them in accordance with generally accepted accounting principles as in effect on the date of this
Agreement:
Advance. The word "Advance' means a disbursement of Loan funds made, or to be made, to Borrower or on Borrower's behalf on a line of credit
or. multiple advance basis under the terms and conditions of this Agreement
• BUSINESS LOAN AGREEMENT
Loan No: 1361505642
(Continued) Page 5
Agreement The word `Agreement
time to time, , together with ' means this Business Loan Agreement, as this Business Loan Agreement may be amended or modified from
all exhibits and schedules attached to this Business Loan Agreement Borrower. The word 'Borrower' means Smith Auto Body Shop,
whatever capacity. Inc. tUWe Auto , and f all other end entities signing the Note in
Collateral. The word 'Collateral" means all property and assets granted as collateral security for a Loan, whether reel or personal
whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, wort
collateral mortgage, deed of trust, assignment. pled tie'
equipment trust, conditional sale, trust receipt , Non, c aergerop oed? retention contract, collateral
consignment nt a gage,
any other security or lien interest whatsoever, whether created by few, contract, or otherwise. g ?' chattel trust, (actor's lien,
ignnhant intended as a security device, or
Environmental Laws. The words 'Environmental Laws* mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human heath or the environment, Including without limitation the Comprehensive Environmental Response,
Compensation Liability Act of 1980, as amended, 42 U.S.C. Section 9601, of seq. ('CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA'), the Hazardous Materials Trans , and ation Act, 49 U.S.C. Section 11, Act, 42 U.S.C. Section 6901, at seq., or other applicable state a or federal a s, rules or rregula?tionstad seq.,
pursuant eCeto onservati. and Recovery
Agreement.
Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Agreement in the default section of this
GAAP. The word'GAAP' means generally accepted accounting principles.
Grantor. The word 'Grantor' means each and all of the persons or entities granting a Security Interest in any Collateral for the Loan, including
without limitation all Borrowers granting such a Security Interest.
Guarantor. The word "Guarantor' means any guarantor, surety, or accommodation party of arty or all of the Loan.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of as or part of the Note.
Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their
or infectious characteristics, may cause or pose a present or
stored, disposed ol, quantity, concentration or physical, chemical
generated, manufactured, transported or ottlnelrwisezharoi Bled. uman health or the The words 'Hazardous S bt Substances* are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as dwhen efined opens used treated,
Environmental Las. The term "Hazardous Substances' also iroludes without limitation, petroleum end
thereof and asbestos-
indebtedness. listed any The word 'Indebtedness" means the Indebtedness evidenced by the Note or Related Documents including at
interest together with all other indebtedness and costs and expenses for which Borrower Is responsible under this Agreement or
the Related Documents. Principal and
Lender. The word 'Lender' means Commerce Bank, N.A., Na successors and assigns,
Loan. The word 'Loan" means any and all bans and financial accommodations from Lender to Borrower
however evidenced, Including without limitation time loans and financial accommhodatlans described
schedule attached to this Agreement from time to time. whether now or hereafter existing, and
herein or described on any exhibit or
Note. The word 'Note' means the Note executed by Borrower in the principal amount of §228,000.00 dated July 27, 2001, together with all
renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement.
Permitted Liens. The words "Permitted Liens" mean {1) liens and security interests securing Indebtedness owed by Borrower to Lender; (2)
liens for taxes, assessments, or similar charges either not yet due or being contested in warehousemen or carriers, or other like liens arising in the ordinary course of business and securing obligations which are not et purchase money liens or purcha good faith; (3) Mons of materahhen mechanics
business b secure indebtedness a moeysecurt y interests upon or in arty property acquired or held by Borrower in the ordinary delinquent:(4
"Indebtedness trued ess to secure and Liens' ; outstanding the date of this Agreement or permitted to be Incurred
{
this Agreem
(5) liens and security Interests winch as of the date of this Agreerrhenl have been disclosed of a approved by
ant
the Lender in writing; and (6) those liens and security interests which in the aggregate constitute an Immaterial and ins'
with respect to the net value of Borrower's assets.
Related grtlioant monetary amount
Documents. The words 'Related Documents' mean aN promissory notes, credit agreements, loan agreements, agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mom
agreements and documents, whether now or hereafter exist' environmental
Securely Agreement. The words "Security q ?' execuled'n connector with the Loan ??' and all other halruments,
understandings or other agreements, whethergi eatedtby law, contract, ar otwithout limitation herwise, evidencing, agreements,
Interest. promises, covenants, arrangements,
ng, governing, represenakhg, or creating a Security
Security Interest. The words 'Security Interest" mean, without limitation, any and all types of collateral secure
form of a lien, charge, encumbrance, mortgage, dead of trust, security deed, assignrnenl, pledge, crop
the
mortgage, chattel trust, factor's lien, equipment Irus1, conditional sale, trust receipt, lien or title retention contract, security,
lease or present and consignment future, whether whether in
a Security device, or any other security or lien interest whatsoever whether created by law, contract, othpledge, erwise?tt? mortgage, collateral chattel
intended as
3ORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT AND BORROWER AGREES TO
TS TERMS. THIS BUSINESS LOAN AGREEMENT IS DATED JULY 27, 2081, THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED
'HAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW,
IORROWER:
MITH A BODY SHO 'INC. D/B/A SbpTH'S AUTO
Y?
an L Jofhnso (dent of mlth Auto Body (Seal)
Sho
P, Inc, d1W. Sme 's Auto
:NDER:
By:
AK Ice resi?tt.A.I. Seal)
a Smith's Auto Po
o
s
JMMERCE ANK, N.A.
IonnaorL Marino, Closing Coordinator (Seal) ®.i_•
uca .wa h.r. .. run
w nn ,??,?y
?.M K .rq
p
C)
r Y') 4 7
* 01 y Ti
O ..fl Ul
?
t
? f7
?{
r ,
n
?I ?j r
r
D rv
W x.
F-5 '
GJ <
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02102 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK NA
VS
SMITH AUTO BODY SHOP INC D/B/A
NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SMITH AUTO BODY SHOP INC D/B/A SMITH'S AUTO the
DEFENDANT at 1350:00 HOURS, on the 9th day of April 2008
at 5215 SIMPSON FERRY ROAD Y.
MECHANICSBURG, PA 17055 by handing to
KATHY WILES, CO-OWNER, ADULT IN CHARGE
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
Service
Affidavit
Surcharge
4f 1.
So Answers:
18.00 i
10 .00 00
r•'?'
10.00 R. Thomas Kline
.00
38.00 04/10/2008
LESAVOY BUTZ SEITZ
Sworn and Subscibed to
before me this
of
day Deputy Sheriff
A.D.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Case No. 2008-02102
Civil Action
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendant for want of an answer to
Plaintiff s Complaint.
Judgment should be entered for $191,775.38, as set forth below, plus interest at the rate
stated in the Note attached to Plaintiffs Complaint:
Amount sought in Complaint (to 3/20/08):
Principal due
Interest through 3/20/08
Attorneys' fees
Subtotal
*per diem = $41.09
Plus interest on $155,727.41 from
3/21/08 to 5/12/08 (53 days @ $41.09)
TOTAL
$ 155,727.41
$ 18,870.20*
$ 15,000.00
$ 189,597.61
$ 2,177.77
$ 191,775.38
X I certify that the foregoing assessment of damages is for specified amounts averred to be
due in the Complaint and is calculable as a sum certain from the Complaint.
X Pursuant to Pa.R.Civ.P. 237 (Notice of Praecipe for Final Judgment or Decree), I certify
that a copy of this Praecipe has been mailed to each other party who has appeared in this action
or to his/her attorney of record.
PAGE 1 OF 2
X Pursuant to Pa.R.Civ.P. 237.1, I certify that written notice of the intention to file this
Praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the
date of the filing of this Praecipe and copies of the Notices and associated Certificates of Mailing
are attached as Exhibit A.
Dated: ) jbl$ LESAVOY BLITZ & SEITZ LLC
Jack M36eitz,IEAnuire
One indso Iaza
7535 W4mVor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
NOW, ?9 , 2008, JUDGMENT IS ENTERED AS ABOVE.
Pr thonot , Civil Division
BY:
Deputy
PAGE 2 OF 2
?xti,6;, N
m.
Y
m
0
T;
- A
?} T
f
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
Case No. 2008-02102
Civil Action
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
IMPORTANT NOTICE
TO: SMITH AUTO BODY SHOP, INC.
5215 Simpson Ferry Road
Mechanicsburg, PA 17055
DATE OF NOTICE: May 1, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, PA 17013
(800) 990-9108 / (717) 249-3166
LESAVOY BUTZ & SEITZ LLC
Jack
No. 3
Allentown, PA 18195
(610) 530-2700
Attorneys for Commerce Bank, N.A.
7535 WhwlserOf., Suite 200
U.S. POSTAL SERVICE CERTIFICATE OF MAILING ,.:,..;
--NOT
Fl, Illlllllllillllllt'IIIIIIIIIIIIIIIIIIIIIIIIIII?I?IIIIII ??`?..
JACK M SEITZ ESQ
LESAVOY BUTZ & SEITZ LLC
ONE WINDSOR PLAZA
7535 WINDSOR DR SUITE 200
One iece of ordinaryI addressed tn'
?-
sa ?S OD
f,? 2c
PS Form 3817, January 2001 i,I?€
LESAVOY BUTZ & SEITZ LLC
ATTORNEYS AT LAW
Jack M. Seitz, Esq.
Phone: (610) 530-2700
Facsimile: (610) 530-2727
jseitz@iesavoybutz.com
May 1, 2008
Smith Auto Body Shop, Inc.
5215 Simpson Ferry Road
Mechanicsburg, PA 17055
Re: Commerce Bank, N.A. v. Smith Auto Body Shop, Inc., d/b/a Smith's Auto
Case No. 2008-02102 (Cumberland Count,)
Dear Madam/Sir:
I enclose a Notice pursuant to Pa.R.C.P. 237.1.
V yours,
3 ei
JMS/srb
Enclosure
cc (w/enc.): Louis P. Chiarlanza, V.P.
7535 Windsor Drive, Suite 200, Allentown, Pennsylvania 18195-1034
www.LesavoyButz.com
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Jack
CERTIFICATION OF PARTIES' ADDRESSES
I, Jack M. Seitz, Esquire, hereby certify as follows:
1. Plaintiff's address is:
Commerce Bank, N.A.
One Royal Road
Flemington, NJ 08822
2. Defendant's last known address is:
Smith Auto Body Shop, Inc.
5215 Simpson Ferry Road
Mechanicsburg, PA 17055
Dated: -,?, 1 -:? - 60o'
Sworn and subscribed to before me this
day of 52008
Notary ublic
f'YMMUMV.-E+.ALTH OF PENNSYLVANIA
Notarial Seal
Stella Blake, Notary Public
U r Macungie Twp., Lehigh County
Commission Expires Jan. 13, 2009
Member, Pennsylvania Association of Notaries
Case No. 2008-02102
Civil Action
OY BU Z & SEIT-Z LLC
ne , sor Plaza
Indsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Case No. 2008-02102
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
I hereby certify that, to the best of my knowledge, information and belief, Defendant is
not a member of the military of the. United States of America or its allies and are not entitled to
relief under the provisions of the Solders and Sailors Relief Act of 1940, 50 U.S.C. § 520.
Dated: 5-'k ?? - 0 %
LESAVOY BU Z & SEITZ LLC
Jac . S itz, squire
Atto o. 37026
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
Sworn and subscribed to before me this
day of 12008
Not Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Stella Blake, Notary Public
Upper Macungie Up., Lehigh County
My Commission Expires Jan. 13, 2009
Member, Pennsylvania Association of Notaries
91.
? Ln 7 ?
v _.
C? C ;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
Case No. 2008-02102
Civil Action
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment has been entered against you in the amount of
$191,775.38 on _ M/1,U 1!1 , 2008.
Copies of all documents filed with the Prothonotary/Clerk of Courts, Civil Division, in
support of the within judgment are enclosed.
Pro onotary/ Civil Division
BY:
If you have any questions regarding this Notice, please contact the filing party:
Jack M. Seitz, Esquire
Attorney No. 37026
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
(This Notice is given in accordance with Pa.R.Civ.P. 236)
/ . ,L
r ?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Case No. 2008-02102
Civil Action
PRAECIPE FOR WRIT OF EXECUTION
(Money Judgment)
TO THE PROTHONOTARY:
Issue writ of execution upon a judgment entered by confession in the above matter,
(1) directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against SMITH AUTO BODY SHOP, INC., d\b\a SMITH'S AUTO, Defendant;
and
(3) against N/A , Garnishee;
(4) and index this writ
(a) against , Defendant; and
(b) against N/A , as Garnishee,
as a lis pendeihs against real property of the Defendant in the name of Garnishees as
+ follows: (Specifically describe property)
r
(Page 1 of 2)
20080519exep_cmresmthauto writ dflt.DOC
4
•
PROPERTY TO BE LEVIED ON:
ALL PERSONAL PROPERTY OF ANY DESCRIPTION BELONGING TO DEFENDANT
AT 5215 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055, INCLUDING
BUT NOT LIMITED TO: (A) ALL MACHINERY, EQUIPMENT, TOOLS,
ELECTRONICS, FIXTURES, AND FURNITURE; (B) COMPUTERSAND RELATED
EQUIPMENT, (C) INVENTORIES, SUPPLIES, AND PARTS, (D) JEWELRY, CASH,
RECIEVABLES AND ACOCUNTS; COLLECTIONS; RECREATIONAL EQUIPMENT;
CURRENCY; COINS; (E) ALL MOTORIZED VEHICLES TITLED IN DEFENDANT'S
NAME.
(5) Amount Due:
Principal due $ 155,727.41*
Interest through 3/20/08 $ 18,870.20*
Attorneys' fees $ 15,000.00*
Interest on $155,727.41 from
3/21/08 to 5/12/08 (53 days @ $41.09) $ 2,177.77
TOTAL $ 191,775.38
*as per judgment
LESAV,PIY'BTTZ & SEITZ LLC
Dated: Mayl-, 2008
By:
JacyWSeitz,
Chfe Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
(Page 2 of 2)
20080519exep_cmnsmthauto writ dflt. DOC
I R4
00 ?
O
0
J
?
v OOV O ?
y
O Lo
L
DD a
D D C
ra
rs?
a
:-G
O
low
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK, N.A.,
successor-in-interest by merger to
Commerce Bank/Central, N.A.,
Plaintiff
VS.
SMITH AUTO BODY SHOP, INC., d\b\a
SMITH'S AUTO,
Defendant
Case No. 2008-02102
Civil Action
AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT(S)
Upon information and belief, Defendant's last known address is as follows:
5215 Simpson Ferry Road
Mechanicsburg, PA 17055
& SEITZ LLC
Dated: MayA, 2008 By: _
J
3
753,E hdsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
Sworn and subscribed to before me this
day of Aadl?: '2008
Notary Public
MMONWEALTH OF PENNSYLVANIA
Notarial Seal
Stella Blake, Notary Public
Upper Macungie Twp., Lehigh County
My Commission Expires Jan. 13, 2009
Member, Pennsylvania Association of des
20080519exep_cmresmftuto writ dflt.DOC
C7 0
m 0
?
t...
'
CA
t Ft,
.
F
3
?
C-
.. ?
•
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-02102
COMMERCE BANK, N.A., successor-in-interest
by merger to Commerce Bank/Central, N.A.,
Plaintiff
VS.
By:
SMITH AUTO BODY SHOP, INC.,
d\b\a SMITH'S AUTO,
Defendant
WRIT OF EXECUTION
(MONEY JUDGMENT)
Esquire
VOY & SEITZ LLC
.'Windsor Plaza, Suite 200
7535 Windsor Drive
Allentown, PA 18195
(610) 530-2700 / (610) 530-2727 (fax)
Attorneys for Plaintiff
ADDRESS FOR SERVICE:
5215 Simpson Ferry Road
Mechanicsburg, PA 17055
20080519exep_cmresmthauto writ dflt,DOC
v
75
WRIT OF EXECUTION and/or ATTACHMENT
N?
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2102 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK, N.A., Plaintiff (s)
From SMITH AUTO BODY SHOP, INC., d/b/a SMITH'S AUTO, 5215 Simpson Ferry Road,
Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
any description belonging to defendant at 5215 Simpson Ferry Road, Mechanicsburg, PA
17055, including but not limited to: (A) all machinery, equipment, tools, electronics, fixtures,
and furniture; (B) computers and related equipment; (C) inventories, supplies and parts; (D)
jewelry, cash recievables and accounts, collections, recreational equipment, currency, coins; (E)
all motorized vehicles titled in defendant's name..
(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 $155,727.41
Interest through 3/20/08 - $18,870.20
Atty's Comm $15,000.00 %
Atty Paid $157.00
Plaintiff Paid
Date: 6/05/08
(Seal)
REQUESTING PARTY:
Name JACK M. SEITZ, ESQUIRE
Address: LESAVOY BUTZ & SEITZ LLC
ONE WINDSOR PLAZA
7535 WINDSOR DRIVE, SUITE 200
L.L. $.50
Due Prothy $2.00
Other Costs-interest on $155,727.41 from
3/21/08 to 5/12/08 (53 days @ $41.09) - $2,177.77
Curtis X. Long, Pro ary
By:
Deputy
ALLENTOWN, PA 18195
N Attorney for: PLAINTIFF
Telephone: 610-530-2700
Supreme Court ID No. 37026
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a
Sheriffs Sale of personal property was held on Thursday October 23, 2008, at
which time the personal property of Smith Auto Body Shop, Inc., D/B/A Smith's Auto,
was sold to, Commerce Bank, N.A., of, 7535 Windsor Drive, Ste 200, Allentown, PA
18195, for the sum of $1.00, it being the highest bid and best price quoted for the same.
Date and Time of Sale, Thursday October 23, 2008 at, 3:00 P.M.E.D.S.T., at, 5215
Simpson Ferry Road, Mechanicsburg, PA 17055.
Sheriff s Costs:
Docketing $ 18.00
Poundage 3.51
Advertising 30.00
Law Library .50
Prothonotary 2.00
Milage 59.00
Surcharge 20.00
Levy 20.00
Post Pone Sale 30.00
Garnishee
P
ossession
TOTAL $ 183.01 ./ 111016 Y
So Answers;
R. Thomas Kline, Shenff
'i ?0,?Ct?t
0
b
0
N
C,Y2-, ? L L °? o
a/,7 j3(•
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2102 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK, N.A., Plaintiff (s)
From SMITH AUTO BODY SHOP, INC., d/b/a SMITH'S AUTO, 5215 Simpson Ferry Road,
Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
any description belonging to defendant at 5215 Simpson Ferry Road, Mechanicsburg, PA
17055, including but not limited to: (A) all machinery, equipment, tools, electronics, fixtures,
and furniture; (B) computers and related equipment; (C) inventories, supplies and parts; (D)
jewelry, cash recievables and accounts, collections, recreational equipment, currency, coins; (E)
all motorized vehicles titled in defendant's name..
(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 $155,727.41
Interest through 3/20/08 - $18,870.20
Atty's Comm $15,000.00 %
Atty Paid $157.00
Plaintiff Paid
Date: 6/05/08
(Seal)
REQUESTING PARTY:
Name JACK M. SEITZ, ESQUIRE
Address: LESAVOY BUTZ & SEITZ LLC
ONE WINDSOR PLAZA
7535 WINDSOR DRIVE, SUITE 200
L.L. $.50
Due Prothy $2.00
Other Costs-interest on $155,727.41 from
3/21/08 to 5/12/08 (53 days @ $41.09) - $2,177.77
Curtis R. g, Protho
By:
Deputy
st,
0
L.
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2008-2102 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON THURSDAY THE
23RD DAY OF OCTOBER 2008 AT 3:00 P.M., THE PROPERTY SMITH AUTO
BODY SHOP, INC., DB/A SMITH'S AUTO, AT, 5215 SIMPSON FERRY ROAD,
MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
7,000 LB FORWARD LIFT CRANE
PARTS WASHER 36" PAPER DISPENSER
TRISK HEAT LAMP LAMP EXTENSION CORD
CURTAIN WALL PAINT BOOTH INSTALLED
TIRE MACHINE TIRE BALANCER (SNAP ON)
TIRE WEIGHT, REPAIR & VALVE STEM CABINET
BENCH GRINDER
MAC PULL ACCESSSORY CABINET & CLAMPS
SNAP ON FLOOR JACKS LARGE JACK STANDS (4)
SMALL JACK STANDS (4)
SNAP-ON MIG 140 AMP 100% DUTY CYCLE
DEVILBLISS AIR COMPRESSOR AIR STATIONS (6)
BATTER BUMP BOX WITH CHARGER
FRAME POTTS INSTALLED (24)
10 LB FIRE EXTINGUISHERS (40 LIFT DRAIN FOR OIL
PARTS STANDS (12) BUMPER PAN STAND
SMALL HEAT LAMP AIR HOSES (10)
MAC BENCH VISE PPG WALL CABINETS (2)
EXPLOSION PROOF CABINET W/L RAY NEW
BRONCO GUN WASHER
HOPPY HEADLIGHT AIMING TOOL
DOUBLE METAL SHELF UNIT REFRIGERATOR/FREEZER
MICROWAVE OVEN FIRST AID CENTER
DRUM DOLLY CLEAN UP CART
BUFFING T? SHOP VAC 3.0 HP/16 GALLON
A/C LEAK DETECTOR
TALL 6-DRAWER HORIZONTAL FILE CABINET
2 DRAWER VERTICAL FILE CABINETS
2 DRAWER HORIZONTAL FILE CABINET
CANON COPIER FAX MACHINE
TALL WOOD OFFICE SUPPLY CABINET
NEW OFFICE MODULAR SUITE
LEATHER CHAIR UPHOLSTERY CHAIRS
CUSTOMER COUNTER (CUSTOM BUILT)
SUPPLY COUNTER (CUSTOM BUILT)
PHONE SYSTEM 2 LINE) TAI. L OFFICE CHAIRS (2)
AIR SYSTEM, HARD-LINE, INSTALLED
AIR DRYER SYSTEM INSTALLED
INGERSOLL RAND 15HP, 120 GALLON AIR COMPRESSOR, 3 PHASE
BEAER R-12 A/C RECOVERY CENTER
CANISTER SAND BLASTER ENGINE HOIS
?r?
ENGINE LEVELER O JACKS (2) - ?o-? l
ENGINE SUPPORT TRIPOD SH BENCHES (2 LARGE, 1 SMALL)
LARGE METAL STAND-UP CABINETS, LOCKING (4)
WALL CABINET (ORANGE KENT) BACK-UP BATTERY CHARGER
SLEDGE HAMMER CALCULTORS (2)
COMPUTER SYSTEM SOFTWARE PROGRAMS
BACK-UP MODINE 250,000 GAS HEATER
SET JUMPER CABLES
CLEAN UP SUPPLIES OFFICE SUPPLIES
PAINT SUPPLIES (PAINT, LAQUER THINNER, ETC)
BODY SUPPLIES (GLUE, EPOXY, SPREADERS, POP RIVETS, ETC)
LAMPS IN BINS ALL BODY PARTS
TIRES BROOMS
SQUEEGES PEG BOARDS
PIN STRIPES (APPROX. VALUE, $1,800.00)
HOSE CLAMP CENTER
FUSE CENTER LIGHT BULB CENTER
BRAKE LINE CENTER CREDIT CARD MACHINE
EXTRA CHAINS VACUUM
GAS HEATER HOSE CABINET & STOCK
(A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 28' DAY OF OCTOBER 2008 NOT LATER THAN FIVE
(5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF SMITH
AUTO BODY SHOP, INC., DB/A SMITH'S AUTO, AT, 5215 SIMPSON FERRY
ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
POSTED I? ?7 T'
CUMBERLAN COUNTY
SHERIFF'S OFFICE
CARLISLE, PA 17013
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due
and legal notice having been given according to law, he sold the personal property
of, Smith Auto Body Shop, Inc., D/B/A Smith's Auto, to Commerce Bank, N.A.
of, 7535 Windsor Drive, Suite 200, Allentown, Pennsylvania 18195 for the sum
of $1.00, it being the highest bid and price quoted for the same. Date and Time of
sale, Thursday, October 23, 2008, at, 3:00 P.M.E.D.S.T., at, 5215 Simpson Ferry
Road, Mechanicsburg, Cumberland County Pennsylvania.
So Answe
R. Thomas line, Sheriff
B,0 &V d io.: 5rn and Subsc ib d to before me his
-day of
J 2008 A.D.
Notary Public
WTARWL SEAL
1?4 BREWBAKOR, tVOTAi Y PUBLIC
.%4W
CadIsTelkNo. Cumbertand County
My Commission Expires April 4, 2^'?'