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HomeMy WebLinkAbout08-3477Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I.D.# 75897 Attorney for Plaintiff 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0$ - 3477 Oiv!L [PX" NOTICE TO PLEAD 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 is 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I.D.# 75897 Attorney for Plaintiff 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O k- 3V77 C.c. 4 7t t.«, COMPLAINT Plaintiff, Johnson Imaging Systems, Inc., t/d/b/a Johnson Imaging, by and through its counsel, Goldberg Katzman, P.C., alleges the following in support of this Complaint: 1. Plaintiff is Johnson Imaging Systems, Inc., t/d/b/a Johnson Imaging ("JIS" ), a Pennsylvania business corporation with an address of 8 South 18`h Street, Camp Hill, PA 17011. 2. Defendant is Bink Partnership, Inc., t/d/b/a Bink Architectural Partnership (`Kink"), a Pennsylvania business corporation with an address of 133 South 32nd Street, Camp Hill, PA 17011. 3. JIS is in the business of reproduction services, including copying, binding, and specializing in enlargement and reproduction of blueprint documents. 1 4. Beginning in October of 2007, and continuing through April 30, 2008, JIS provided goods and services to Bink, as described on the invoices which are attached hereto as Exhibit A and which are incorporated by reference. 5. In return for the goods and services provided by JIS, Bink agreed to pay the amounts, as invoiced. 6. The terms of JIS' services are contained on the invoices submitted to Bink which Bink accepted. 7. As part of the terms of JIS' services, Bink agreed to pay all costs of collection, including reasonable attorneys' fees and finance charges at 1.5% per month. 8. JIS performed all services indicated on the attached invoices in a proper, timely and workmanlike manner. 9. Bink has not objected or raised concerns regarding any of JIS' work and has acknowledged its satisfaction with JIS's work on several occasions after the work was completed. 10. Bink has failed to pay the attached invoices with the exception of a payment in the amount of $3,509.87 that was delivered on April 30, 2008. 11. Based on the terms under which JIS provided its goods and services, finance charges have accrued and been invoiced to Bink for January, February, March and April of 2008. The invoices indicating the finance charges are attached hereto as Exhibit B. 12. Finance charges continue to accrue. 13. The total amount which has not been paid, including finance charges through April of 2008, amounts to $14,169.17. 2 14. Despite demand, Bink has failed to pay the amounts due and owing. 15. Bink has no justification for its failure to pay the amounts due and owing. 16. JIS has provided all goods and services, as detailed on the invoices. 17. Bink has breached its contractual obligation to pay for the goods and services rendered by JIS by failing to pay for those goods and services. 18. Demand is made for all costs and attorneys' fees expended by JIS in collecting these amounts which are due and owing. WHEREFORE, due to the breach of contract of Bink Architectural Partnership, demand is made for judgment in favor of Plaintiff Johnson Imaging Systems in an amount not in excess of the arbitration limit in Cumberland County, Pennsylvania, together with costs of Court, attorneys' fees, interest, finance charges, and whatever remedy this Court deems just and proper. Respectfully Submitted, GOLD G TZMAN P By: _ Steven E. Grubb, squire (I.D. #75897) 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: June 5, 2008 158565.1 3 `? ??? y b nsonoimaging 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 (717) 737-3428 INVOICE Bill To: BINK PARTNERSHIP 1,33 SOUTH 32ND STREET CAMP HILL PA 17011 BINK001 I COUNTER COUNTER PRDPPC PLAIN PAPER COPY PRDPPC PLAIN PAPER COPY (35) SETS FULL SIZE (10) SETS HALF SIZE PRDSDCOPY SMALL FORMAT B/W COPIES PRDSIDCOPY SMALL FORMAT BM COPIES (42) SETS SPECIFICATIONS PRDGBC GBC BINDING PRDGBC GBC BINDING JOB: 5032 COUDERSPORT ELEMENTARY SCHOOL CUSTOMER AGREES TO REMIT ANY SALES TAX CHARGES ON THIS INVOICE UNLESS A VALID PA SALES TAX EXEMPTION CERTIFICATE IS RECEIVED BY DATE WORK IS COMPLETED. SIGNATURE The customer agrees to pay all cost of collections, including reasonable attomey's fees and interest charges of 1.5% per month. l INV0000000086466 10/29/2007 w 1 1 -111 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 I Net 30 10/29/2007 0 22,995 SQFT 2,190 SQFT 28,728 EA 20,580 EA 42 EA 42 EA $0.0700 0.00% $0.0700 0.00% 0.00% 0.00% $0.0500 0.00% $0.0500 0.00% 0.00% $2.2500 0.00% $2.0000 0.00% 0.00% 0.00% (I 'A ce. 40-NNGL\ Y\ \'AA $1,609.65 $153.30 $1,436.40 $1,029.00 $94.50 $84.00 $4,671.26 ?ohAnoimaging 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 (717) 737-3428 ^.' INV000000O088076 12/28/2007 'Fia 1 INVOICE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 BINK001 I COUNTER I COUNTER I Net 30 1 12/28/2007 1 0 PRDPPC PLAIN PAPER COPY 10,998 SQFT $0.0700 0.00% $769.86 PRDPPC PLAIN PAPER COPY 780 SQFT $0.0700 0.00% $54.60 (37) SETS FULL SIZE DWGS 0.00% (10) SETS HALF SIZE DWGS 0.00% PRDSDCOPY SMALL FORMAT B/W COPIES 42,958 EA $0.0500 0.00% $2,147.90 PRDGBC GBC BINDING 47 EA $2.0000 0.00% $94.00 PRDGBC GBC BINDING 47 EA $1.5000 0.00% $70.50 (47) SETS VOL I & VOL II 0.00% SPECS 0.00% SHIPPING UPS CHARGES 1.00 Each $133.96 0.00% $133.96 PAR4-1 BAG #4 8 X 5 X 44 PLAN MAILING BAG 36 EA $1.0695 0.00% $38.50 BID DOCUMENTS FOR JOB: 6035 0.00% SHIPPED 10/31/07-10/31/07-12/07 0.00% PRDPPC PLAIN PAPER COPY 1,998 SQFT $0.0700 0.00% $139.86 PRDSDCOPY SMALL FORMAT B/W COPIES 4,980 EA $0.0500 0.00% $249.00 PRDGBC GBC BINDING 6 EA $2.0000 0.00% $12.00 PRDGBC GBC BINDING 6 EA $1.5000 0.00% $9.00 (6) SETS BID DOCUMENTS - JOB 0.00% 06034 0.00% 0.00% PRDPPC PLAIN PAPER COPY 2,628 SQFT $0.0700 0.00% $183.96 PRDSDCOPY SMALL FORMAT B/W COPIES 4,696 EA $0.0500 0.00% $234.80 PRDGBC GBC BINDING 4 EA $2.2500 0.00% $9.00 PRDGBC GBC BINDING 4 EA $2.0000 0.00% $8.00 (4) SETS BID DOCUMENTS - JOB 05032 0.00% BOXES SHIPPING CARTONS 4.00 Each $3.50 0.00% $14.00 PAR4-1 BAG #4 8 X 5 X 44 PLAN MAILING BAG 6 EA $1.0695 0.00% $6.42 PRDPPC PLAIN PAPER COPY 1,314 SQFT $0.0700 0.00% $91.98 PRDSDCOPY SMALL FORMAT B/W COPIES 2,348 EA $0.0500 0.00% $117.40 PRDGBC GBC BINDING 2 EA $2.2500 0.00% $4.50 PRDGBC GBC BINDING 2 EA $2.0000 0.00% $4.00 (2) SETS JOB 05032 0.00% 11/16/07 0.00% PRDPPC PLAIN PAPER COPY 666 SQFT $0.0700 0.00% $46.62 PRDSDCOPY SMALL FORMAT B/W COPIES 1,660 EA $0.0500 0.00% $83.00 PRDGBC GBC BINDING 2 EA $2.0000 0.00% $4.00 jl®hAgn 0imaging 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 (717) 737-3428 INVOICE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 W I" INV000000O088076 12/28/2007 t` 3 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 COUNTER Net 30 1.00 Each 13.00 Each 0.00% 0.00% 0.00% CUSTOMER AGREES TO REMIT ANY SALES TAX CHARGES ON THIS INVOICE UNLESS A VALID PA SALES TAX EXEMPTION CERTIFICATE IS RECEIVED BY DATE WORK IS COMPLETED. SIGNATURE The customer agrees to pay all cost of collections, including reasonable attorneys fees and interest charges of 1.5% per month. 0 $190.56 $45.50 0.00 t 598.22 FT6 e $0.00 $10,568.42 $0.00 * , $10,568.42 Johnson imaging 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 (717) 737-3428 INVOICE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 Invoice INV000000O089918 Date 2/29/2008 Pane ' 1 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 Purchase:Order'Nb. Custbotor ID ` 9t; tD Stiff" ' ]n od Pa bent Teams N-Mues'w Date Master No. B11 K001 COUNTER COUNTER Net 30 218/2008 0 rrl Number fi :wig?i2gg n _W, twaiwo o Price PRDPPC PLAIN PAPER COPY 1,460 SOFT $0.0700 0.00% $102.20 JOB: 05032 (2/1108) 0.00% PRDPPC PLAIN PAPER COPY 74 SOFT $0.0700 0.00% $5.18 JOB: 06034 (2/1/08) 0.00% PRDPPC PLAIN PAPER COPY 52 SOFT $0.0700 0.00% $3.64 JOB: 06035 (2/1/08) 0.00% PRDPPC PLAIN PAPER COPY 2,448 SOFT $0.0700 0.00% $171.36 PRDSDCOPY SMALL FORMAT B/W COPIES 3,054 EA $0.0600 0.00% $183.24 PRDGBC GBC BINDING 1 EA $2.2500 0.00% $2.25 PRDGBC GBC BINDING 3 EA $2.0000 0.00% $6.00 PRDGBC GBC BINDING 2 EA $1.5000 0.00% $3.00 JOB: COUDERSPORT (2/21/08) 0.00% (FREIGHT = $18.70) 0.00% PRDPPC PLAIN PAPER COPY 576 SOFT $0.0700 0.00% $40.32 PRDSDCOPY SMALL FORMAT B/W COPIES 280 EA $0.0800 0.00% $22.40 PRDGBC GBC BINDING 4 EA $1.2500 0.00% $5.00 JOB: ST. MATTHEWS-YORK (2/21/08) 0.00% CUSTOMER AGRE Line-ttern,Total $544.59 ES TO REMIT ANY SALES TAX CHARGES ON THIS INVOICE UNLESS A VALID ' PA SALES TAX EXEMPTION CERTIFICATE IS RECEIVED BY DATE WOR ? $0.00 K IS COMPLETED. Tax $33.79 Frog ht $18.70 SutiEpatal $597.08 SIGNATURE P $0.00 The customer agrees to pay all cost of collections, including Tal l`'bue $597 08 reasonable attornev's fees and interest charnes of 1 501 nor mnnth . Johnson imaging -0 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 (717) 737-3428 IRY009 INV000000O090876 we-1 3/31/2008 P e 1 INVOICE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL PA 17011 11311 K001 COUNTER COUNTER Net 30 3/31!2008 0 1, i sc,?.e PRDSDCOPY SMALL FORMAT B/W COPIES 4,050 EA $0.0600 0.00% $243.00 PRDSDCC SMALL DOCUMENT COLOR COPY 666 EA $0.6500 0.00% $432.90 CHT11-6061 8.5X11 CLEAR COVERS 18 EA $0.8186 0.00% $14.73 JOB: 07003 0.00% l $690.63 CUSTOMER AGREES TO REMIT ANY SALES TAX CHARGES ON THIS INVOICE UNLESS A VALID PA SALES TAX EXEMPTION CERTI C - 00 $0. 00 FI ATE IS RECEIVED BY DATE WORK IS COMPLETED. $41 . $0.00 ,. $732.06 SIGNATURE 0.00 The customer agrees to pay all cost of collections, including $732.06 reasonable attorney's fees and interest charges of 1.5% per month. johnson0imaging Irwvcljci' INV000000O091852 ' 4/30/2008 P 1 8 SOUTH 18TH STREET CAMP HILL, PA 17011-0215 INVOICE (717) 737-3428 Bill To: Ship To: BINK PARTNERSHIP BINK PARTNERSHIP 133 SOUTH 32ND STREET 133 SOUTH 32ND STREET CAMP HILL PA 17011 CAMP HILL PA 17011 Purct>a?se?Qr? .r: ?- , 00sw No. B I NK001 COUNTER COUNTER Net 30 4/912008 0 . ...: Y, ., Y ....-.. PRDPPC PLAIN PAPER COPY 4/1/08, 07007 1,350 SQFT $0.0700 0.00%, 0.00% $94.50 CUSTOMER AGREES TO REMIT ANY SALES T $94.50 AX CHARGES ON THIS INVOICE UNLESS A VALID PA SALES TAX EXEMPTION CERTIFICATE IS RECEIVED BY DATE WORK IS COMPLETE 0.00 D. 5.67 Pry{ ,: .. $0.00 $100.17 SIGNATURE $0.00 The customer agrees to pay all cost of collections, including reasonable attorney's fees and interest charoes of 1.5% oer month TotAl-fte $100.17 E?jl??t f) JOHNSON IMAGING SYSTEMS, INC. 8 S. 18TH STREET CAMP HILL, PA17011-0215 (717) 737-3428 InVOICe FCHRG000000000034 Date 1/31/2008 age 1 FINANCE CHARGE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL, PA 17011 5nlp I o: 133 SOUTH 32ND STREET CAMP HILL, PA 17011 P 7- i =IDf fi FCHRG B BINK001 January 2008 finance charge Net due 30 day s $ 169.26 bne4eM',t -1 r , $169.26 15C ; Tax $0.00 _ rr _ .. 0.00 69.26 a 0. 0 . tits ua 169.2 JOHNSON IMAGING SYSTEMS, INC. 8 S. 18TH STREET CAMP HILL, PA17011-0215 (717) 737-3428 Invoice FCHRG000000O00036 Date 2/29/2008 age 1 FINANCE CHARGE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL, PA 17011 10: 1133 SOUTH 32ND STREET CAMP HILL, PA 17011 Purehaae_ordOr No., CuEtp rrAr1D ' , I"wFi6nID ' . 1; P '_%r»is B NK 1 Net due 30 days tt WOO ibFt°. ,. ,- , Q ar?t57 t? P. FCHRG February 2008 finance charge $ 328.54 Line item tota' 328.54 0.00 328.54 symOri $0.00 ota Due 328.54 JOHNSON IMAGING SYSTEMS, INC. 8 S. 18TH STREET CAMP HILL, PA17011-0215 (717) 737-3428 Invoice FCHRG000000000038 Date 31 008 age 1 FINANCE CHARGE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL, PA 17011 *mp i o: 33 SOUTH 32ND STREET AMP HILL, PA 17011 Purchase order Nd. Customer ID, "person ID Paymentterms BINK001 Net due , days 77010m, w-". Wpl%e FCHRG March 2008 finance charge $ 274.70 tem. t¢ta ' 274.70 c ?a 0.00 $0.00 274.7 .00 ota ' e ` 74.70 JOHNSON IMAGING SYSTEMS, INC. 8 S. 18TH STREET CAMP HILL, PA17011-0215 (717) 737-3428 nvoiCe jFCHRG000000000041 Date 4/30/2008 age FINANCE CHARGE Bill To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL, PA 17011 Ship To: BINK PARTNERSHIP 133 SOUTH 32ND STREET CAMP HILL, PA 17011 NJ fe . : N6? eue er-ID , _ - rY tD - ,. r ----- BINK001 Net due 30 days ?y.? "' FCHRG April 2008 finance charge $ 237.55 1rtt tbta :: ; . , -. 237.55 aG , Tax .00 fer t 0.00 al, , 37.55 0.00 TO tile, 237.55 VERIFICATION I hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. JOHNSON IMAGING SYSTEMS, INC. t/d/b/a JOHNSON IMAGING Date: ?) Z O8 By; Kim Clemen is Authorized Representative Rs vl -6A- 04 B C') ? Q l,J `"C SH8RIFF'S RETURN - REGULAR CASE NO: 2008-03477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON IMAGING SYSTEMS JINC VS BINK PARTNERSHIP INC ET L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Penns lvania, who being duly sworn according to law, says, the within COMPLA NT & NOTICE was served upon BINK PARTNERSHIP INC T/ /B/A BINK ARCHITECTURAL PARTNERSHIP the DEFENDANT , at 0012:58 HOURS, on the 23rd day of June 2008 at 133 S 32ND ST CAMP HILL, PA 17011 by handing to GRETCHEN WEAVER INTERN a true and attested cop of COMPLAINT & NOTICE together with and at the same time di ecting Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 8.00 Service 4.00 Affidavit .00 Surcharge 0.00 R. mamas Kline Postage .42 "11b3/0 2.42 0,6/24/2008 GOLDBERG KATZ Sworn and Subscibed to By: before me this ay epu She of A.D. JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3477 BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant. CE Notice is hereby given that the Partnership, t/d/b/a Bink Architectural from May 1, 2008 through collection. Date:$ /I.C. / I hereby certify that the name and DATE: d judgment was entered against Defendant Bink rship in the amount of $14,169.17, plus interest of the proper person to receive this notice is: Bi Partnership 1333 S uth 32"d Street Camp ill, PA 1701 Steven E. Grubb, Esquire Attorney for Plaintiff 161483.1 Goldberg Katzman, P.C. Steven E. Grubb, Esquire (I.D.# 75897) Attorney for Plaintiff 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3477 PRAECIPE TO ENTER JUDGMENT To the Prothonotary, Pursuant to Pa. R.C.P. 237. 1, please enter judgment in favor of Plaintiff, Johnson Imaging Systems, Inc.. and against Defendant, Bink Partnership, t/d/b/a Bink Architectural Partnership, in the amount of $14,169.17, plus interest from May 1, 2008 through collection, for failure to file a pleading in response to the Complaint. I certify that written notice of intention to file this praecipe was mailed to Defendant on July 22, 2008. The notice is attached to this praecipe. Date: August 15, 2008 GOLD ZMAN, P By: Ste 4 E. Grubb, sq. (I .D. #75897) 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff i Goldberg Katzman, P.C. Steven E. Grubb, Esquire (I.D.# 75897) Attorney for Plaintiff 320 Market Street, Strawberry Square P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3477 IMPORTANT NOTICE TO: Bink Partnership 1333 South 32° Street Camp Hill, PA 17011 DATE OF NOTICE: July 22, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO RESPOND TO THE COMPLAINT 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 RIGHT TO SUE THE DEFENDANT(S) AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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. v PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 Respectfully submitted, GOLDBERG KATZMAN, P.C. Date: July 22, 2008 By: Jv e 6nWir (ID No. 75897} 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing Praecipe to Enter Judgment on the person or persons listed below by U.S. Mail, as follows: Bink Partnership 1333 South 32nd Street Camp Hill, PA 17011 GOLDBERG KATZMAN, P.C. DATE: August 15, 2008 By: hf, squire teven E. Gru 161483.1 p , 8 w C3 cw -r r? moo C c,rti t. ? 0 TI -n x` rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIM DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JOHNSON IMAGING SYSTEMS, INC., t/d/b/a JOHNSON IMAGING, Plaintiff V. BINK PARTNERSHIP, INC., t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant TO THE PROTHONOTARY OF THE SAID COURT: []Confessed Judgment Epther File No. 2008-3477 Amountvue$141169.17 Interest from May 1. 2008 (continuing to accrue until collection) Atty's Comm $ 1.196.50 (continuing to accrue until collection) Costs 366.50 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All Bink Partnership, Inc.'s business property located at 1333 South 32nd Street. Camp Hill, PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the sheriff of C U m be rl and 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 garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 11/11/08 Signature: k* Attorney for. Print Name: S. Baker Kensinger Address: 320 Market Street Harrisburg PA, 17108 Plaintiff 717 234-4161 Supreme Court ID No: 208305 Telephone: -r- m F -lk nvv ,6a. r xz) 1?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3477 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHNSON IMAGING SYSTEMS, INC., T/DB/A JOHNSON IMAGING, Plaintiff (s) From BINK PARTNERSHIP, INC. T/DB/A BINK ARCHITECTURAL PARTNERSHIP, 1333 SOUTH 32ND STREET, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL BINK PARTNERSHIP, INC'S BUSINESS PROPERTY LOCATED AT 1333 SOUTH 32ND STREET, CAMP HILL, PA 17011. (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 $14,169.17 L.L. $.50 Interest FROM 5/1/08 (CONTINUING TO ACCRUE UNTIL COLLECTION) Atty's Comm % $1,196.50 (CONTINUING TO ACCRUE UNTIL COLLECTION) Due Prothy $2.00 Atty Paid $119.00 Plaintiff Paid Other Costs $366.50 Date: NOVEMBER 13, 2008 (Seal) REQUESTING PARTY: Name S. BAKER KENSINGER, ESQUIRE Address: 320 MARKET STREET HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-2344161 Curlis R. Long, Prothonotary By: '02 00 Deputy Supreme Court ID No. 208305 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor VOW of (Cumber, d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Johnson Imaging Systems vs Bink Partnership, Inc., T/DB/A Bink Architectural Partnership Writ No. 2008-3477 Civil Tegh Property Claim Determinatiwi C U1 Dear Sir, -v Reference is made to Property Claim dated December 3, 2008, entered by PlAips%-0 Capital, pertaining to Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al.-vs- Bink Partnership, Inc., T/DB/A Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Phillips Capital, in the above mentioned property claim, is the owner of the property set forth therein. Q a rn? °a ,ice rat So Answers: '000, 00e Tho s . Kline, Sheriff By cc S.B. Kensinger, Atty for Pltff Bink Partnership, Inc., T/DB/A Bink Architectural Partnership, Deft. Phillips Capital, Claimant c/o Harrison Bink PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No.? - 3¢77 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE , 1012 300(0- P/0-/-X--``Z14'1 ycawwe' S!4. 1"o Pell eromXv1er 5D?. THE CLAIMANT OBT D TITLE TO THE PROPS TY AS FOLLOWS: 49 m,-,M6 Date D DCG ?? Claimant State of Pennsylvania: County of Cumberland /?/`= Yl 25 being duly sworn according to law, deposes and says that the a ove list in the property claim are correct and true. Sw me y of a , i E i UBU N u161iclisie Boro. Cumberland County My Commission - lres APN 4, 2009 -lam cilirnhnf Dear Customer: W e'Le writtra this Eqdipment Agreement in simple and easy-to-read !!pjguage because we want you to understand its terms. Please readoyour Agreement carefully, and feel free to ask us any questions you may have about it. Legal Name: Bink Architectural Partnership d/b/a: Bink Architectural Partnership 133 South 32nd Street Camp Hill PA 17011-5199 Capital MAR26 BWx Equipment Provided Model Description Serial # Model Description Serial # KIP 3000 KIP print/colorscan/copy-2 roll DIGPDF PDF Key SUP3000108K Start Up Key Monthly Payment Minimum Quarterly Invoicing Advance Payments UNLIMITED Volume Toner and/or Ink i uu o 70©0 ?k,° >eWper Monthl y in advance Last Payment No Charge Customer Responsible Recording Fee Delivery Installation Initial Network for All Invoices for Connection Previous Agreement through billing period: No Charge No Charge No Charge No Charge 19-Feb-08 Taxable: Technology Consultant: Sales Manager: Tax Exempt: Geraldine Brennan Rick Gohn Terms: 06 The term of this agreement shall start on ?t/l912008 for 48 months. Phillips Upgrade/Downgrade Provision: After inception of the Agreement and upon your request, Phillips may review your copy volume and propose options for upgrading or downgrading to accommodate your needs. Special Instructions: co, Overages read quarterly to . 0151 Authorization - Authorized Signer the person signing this agreement on behalf of the customer (as indicated New Agreement terminates R 3539 above) specifically represents that they have the authority to A ri d finer Date Onview- 1 7 Signer P inte Name Title / V- "7/ ? ) End of Term Options: Upgrade to a new program or Y' l 1/ _ return equipment. i hard A. Beittel - Phillips Capita Date President- 08 V 9.01 PHILLIPS CAPITAL 1. This Agreement is between you and us, and shail include and incorporate by reference any schedules, purchase orders or other instruments ("Schedules') now or hereafter signed by you and us, which refer to this.,greement. Etch Scheduia shag be subject to all of the representations, covenants, terms and conditions of this agreement If there is any conflict between the representations, covenant, terns and conditions of this Agreement and any Schedule, this Agreement shall govern. If any provision of this Agreement is declared unenforceable the other provisions of this Agreement shag rec. ain in full tocce. The words YOU and YOUR refer to the customer. The words WE, US, and OUR refer to Phillips Capital and any affiliate or subsidiary thereof. Cost per Copy (CPC), Cost per Par,6 (CPP), Cost per Print (CPP) or Cost per Impression (CPI) all refer to one image on a 8 1/2 X 14' sheet of paper, or smaller. 2. AGREEMENT: We shall rent to you and you shall rent from us the equipment listed in 'Equipment Provided' and/or any Schedule attached ('Equipment'). You shall pay to us the rental payment according to the Agreement plus any applicable taxes levied on us. The parties agree this lease is a 'financing lease' as that term is defined in Article 2A of the Uniform Commercial Code, which also makes the payment obligation uncondifional. 3. TERM AND RENT: The initial term set forth above shall commence on the day that any of the Equipment is delivered to you ("the Commencement Date'). Rent payments shall be payable in advance, at the time and in the amounts provided above, commencing on the Commencement Date and subsequent payments shall be due on the same date of each successive period thereafter until all rent and any additional rent or expenses chargeable under this Agreement shag have been paid in fug. This Agreement will be extended automatically for an additional term unless you send us written notice you do not want to renew at least thirty (30) days before the end of any term. 4. ADVANCED RENT: The advanced rent is due and payable at the time you sign this Agreement. The advanced rent is non4nterest bearing and is to secure your performance under this Agreement. Any advanced rent may be applied by us to satisfy any amount owed by you, in which event you will promptly restore the advanced rent to its full amount as set forth above. If all conditions of the Agreement are complied with and provided you have not ever been in default of this Agreement, the advanced rent will be refunded to you after you return the Equipment to us. 5. BILLING: Our billing agent, The Phillips Group, will bill you. All Equipment will be listed along with any applicable copy volume/CPC billing during the period. You shall pay The Phillips Group the billing upon invoice receipt. If any payment is made more than ten (10) days late, you wig pay a penalty of 10% of payment or $22.00, whichever is greater, on the past due amount. You will pay $50.00 for each check that is returned for insufficient funds or for any other reason. 6. MAINTENANCE AND SUPPLIES: The charges established by this Agreement include payment for the use of the Equipment and accessories, maintenance (during normal business hours); inspection, adjustment, parts replacement, drums and cleaning material required for the proper operation, as well as Inks, toner and developer. You must separately purchase paper products (paper & masters), staples and waste toner collector bottles. At our discretion, services and supply may be provided by a third party selected by us, should service and supplies be required outside our authorized dealer territories. in reference to our Service Response Commitment "copier inoperable" is defined as anytime a system is unable to produce a legible document It is understood that you %oi l provide basic user maintenance and trouble shooting such as, misfeed removal, toner and paper replenishment, etc. 7.GOLD LEVEL PROFESSIONAL SERVICE SUPPORT: All connected systems (printing, scanning, faxing, copying) will include 90 days of support for the following services: Installation of software and prim drivers on either the client's server or on the ind'widuat workstations in a peer-to-peer environment. We will install such software and drivers during the initial installation on up to twenty (20) workstations per connected system at no additional charge. Support for Network Administrator on Installing Printer / software to Server / Network / Instructions on Web-based utilities and configuration of Printer / Software / Support for scanning / SHARPdesk or Page Scope scanning utility setup for up to 5 workstations per connected device / Establish device as 'default' printer / Technical phone support / Supply patch cable / Network Surge protector. Each workstation in excess of 20 or future network services provided by us will be irmiced at a rate of $125.00 per hour. The minimum billable amount is $62.50 (112 hour). In an effort to accommodate customers with a large client base, we recommend you make an IT staff member available on-site during our initial installation. We will provide resources (print drivers & technical bulletins) necessary for additional installations by your IT staff. Our 90-day system performance commitment applies to your network operating system, desktop environment, application software and architecture functioning at the time of initial installation. Additional Professional Support Services may be acquired at a discounted rate by Investing in one of our PLATINUM level Support Options. 8. TITLE: We are the owner of the Equipment and during the length of our agreement you shag keep the Equipment free and clear of all claims and liens. We do not have title to any software covered by this Agreement ('Software') and We are not responsible for the Software or the obligations owed by either you or the licensor under any License Agreement for the Software. 9. DELIVERY AND ACCEPTANCE: You shall accept the Equipment when delivered. Upon delivery, you shall inspect the Equipment. You shall be deemed to have accepted the Equipment when you sign this agreement or add-on agreement(s). .-~ 10. WARRANTIES. All warranties made by suppliers to us are hereby assigned to you. We make no warranties, either expressed or implied, as to any matter whatsoever, including, without limitation, the condition of rite Equipment, Its merchantability or fitness for any particular purpose, or as to any patent or latent defects in material, workmanship or otherwise, and no such defect or alleged unfitness of the Equipment shall in any way affect your unconditional obligation to make all rental and other payments according to this agreement. We shall not be responsible for any loss, damage, penalty, claim, action, suit, cost or expense arising from or related to your possession or use of the Equipment, including without limitation, any claim alleging latent or other defects whether or not discoverable by us or you, and any claim arising out of strict liability In tort. 11. LOCATION OF EQUIPMENT: You wit keep and use the Equipment only at your address listed above. You agree not to move the Equipment unless we agree to it. At the end of the Agreement's term, you will return the Equipment to a location we specify. at your expense, and in fug working order and in complete repair. 12. LOSS OR DAMAGE: You are responsible for the risk of loss from destruction or damage to the Equipment No such loss or damage relieves you from the payment obligations under this Agreement. You shall promptly notify us in writing of any loss or damage. You will be responsible to repair the equipment in satisfactory working order or pay Phillips Capital the cost to replace the Equipment. 13. INSURANCE: You agree to keep the Equipment fully insured against loss with us as loss payee in an amount not less than the replacement cost until this Agreement is terminated. You also agree to obtain general public liability insurance and include us as an additional Insured on the policy. 14. INDEMNITY: You assume liability for and agree to indemnity, defend and hold harmless us and all of our respective officers, directors, employees, agents, assignees and successors from and against any and all liabilities, losses damages, penalties, claims, actions, suits, costs and expenses, including court costs and reasonable attorneys' fees, arising from or related to your possession or use of the Equipment, provided however, that indemnity shall not extend to losses or claims arising directly from negligent installation or maintenance of the Equipment by us. 15. TAXES AND FEES: You agree to pay when due all taxes imposed now or in the future (including personal property tax) relating to this agreement or the Equipment. If you fail to pay these taxes, we may at our option pay these taxes for you. You will then be obligated to repay us for these taxes plus interest charged at the highest rate allowed by law. 16. ASSIGNMENT: YOU SHALL NOT SELL, ASSIGN, TRANSFER OR SUBLEASE THE EQUIPMENT OR ANY RIGHTS UNDER THIS AGREEMENT. We may assign our rights and interests under this Agreement. If we assign any of our rights or interests under this Agreement, the new owner will have the same rights and benefits that we have now and will not have to perform any of our obligations. The rights of the new owner will not be subject to any claims, defenses or set-offs that you may have against us. 17. DEFAULT AND REMEDIES: N you do not pay any rental payment or other sum due to us when due or you break any promises in the Agreement or any other agreement with us, you will be in default. You will also be in default if you cease doing business as a gang concern, or if a petition' is filed by you or against you under the Bankruptcy Act or g a receiver Is appointed for you or your property, or if you commit an act of bankruptcy, become insolvent, make an assignment for the benefit of your creditors, or if you (without our prior consent) attempt to remove, sell, transfer, encumber, sublet or part with the equipment If you do not pay rent when due or if you break any promises to this Lease, you will be in default. If you default we can require that you pay the remaining balance of this Lease and return the equipment to us. We can also use any other remedies available to us under the Uniform Commercial Code or any other law. If we refer this Lease to an attorney for collection, you agree to pay our reasonable attorneys teas and actual costs, including our travel costs to any deposition or court proceeding. If we have to take possession of the equipment, you agree to pay the cost of repossession. Under no circumstances (Including a default by us) shall we be liable for any Indirect, consequential, incidental, special, or punitive damages arising out of or in any way related to the use of the Equipment. 18. GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, except its conflicts of laws. You agree to personal jurisdiction in Pennsylvania and that venue on any claim under this Agreement is proper in the Court of Common Pleas of Dauphin County or the United States District Court for the Middle District of Pennsylvania. If this Agreement is assigned, you agree that any dispute arising under or related to this Agreement will be adjudicated In the federal or state court where the assignee's corporate headquarters is located and will be governed by the law of that state. You waive jury trial in any action between us. 19. ENTIRE AGREEMENT: This Agreement contains the entire arrangement between you and us and no modifications of this Agreement shall be effective unless In writing and signed by the parties. v 9.01 1 L I G d - 330 8001 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor V10ty of ?Cun??,Prt? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Johnson Imaging Systems vs Bink Partnership, Inc., T/DB/A Bink Architectural Partnership Writ No. 2008-3477 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Sovereign Bank, pertaining to Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al.-vs- Bink Partnership, Inc., T/DB/A Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Sovereign Bank, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: Tho s R. Kline, Sheriff By cc S.B. Kensinger, Atty for Pltff Bink Partnership, Inc., T/DB/A Bink Architectural Partnership, Deft. Sovereign Bank, Claimant c/o Harrison Bink In the Court of Common Pleas of Cumberland County, Pennsylvania TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. X008 - 347 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date 0-F V e,- 09P Claimant v tg h ?$?t State of Pennsylvania: County of Cumberland above list in the property claim are correct and true. to before being duly sworn according to law, deposes and says that the Claimant IA A. REWB Tai RY PUBLIC Carlisle Boro. Cumberland County Commission Expires April 4, 2009 VS UCC FINANCING STATEMENT FOLLOW INSTRUC-"IONS (front and baClt) CAREFULLY A. NAME b PHONE OF CONTACT AT FILER (optional] Sovereign Bank 235 N. 2nd Street Harrisburg, PA 17101 Address) L... ?? THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME • mart ony one debtor name I I a Ix It') • do not aebravlate Or eolnfr,ne names za ORGANIZATIINYS NAME Sink Partnership, Inc. OR III INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX Ic MAILINGADORESS CITY STATE POSIALCODE COUNTRY 133 South 32nd Street Camp H01 PA 17011 USA Id sE8ntaMC1)ON3 1AODIINFORE lie TYPEOFORGANIZATION it JURISDICtIONOFORGANIZAPON 19 ORGAN(ZATIDNALIDs deny ORGANIZATION Corporation PA OEBTOR 235 N. 2nd Street I Harrisburg PA 117101 USA 4, Tiva FINANCWG STATEMENT covers are foltoomig asslims' All Inventory, Chattel Paper, Accounts, Equipment and General intangibles; whether any of the foregoing is owned now or acquired later, all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing ]including insurance, general intangibles and other accounts proceeds). 5 ALTERNA g pEatGNATI g aapvaWei EE ssm dKNOR AILOR LLERfat1YER I 14G LIEN N•UCC FtLING a e Oa Moral for (ecormm) m , Ia Aoki rt10oNAL EE M REFLIKIF(b) OtoTlet tDebton Upwor I LJDM lw ? 9 OPTKV AL FILER REFERENCE DATA Secretary of Commonwealth of Pennsylvania IIt5623 Harland Financial Solutions FILING OFFICE COPY - UCC FINANCING STATEMENT (FORM UCC1) (REV. 05122102) 400 S.W. 8th Avenue, Portland, Oragan 97204 3 SECURED PARTY'S NAME (o, NAME of TOTAL ASSIGNEE of ASSIGNOR SIP) • Vn Wn only one aearad pony name (32 or 3b) 1a ORGANIZATIONS NAME Sovereign Sank OR .... mocT Netlc UITIrL F NAMF St1FFtX 3 30 0001 Vd `?,lt+iivv . R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor °0tv I "144rta ?a OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Johnson Imaging Systems vs Bink Partnership, Inc., T/DB/A Bink Architectural Partnership Writ No. 2008-3477 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Stolen Moments Photography, pertaining to Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al.-vs- Bink Partnership, Inc., T/D/B/A Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Stolen Moments Photography, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: fi Thomas R. Kline, Sheriff By cc S.B. Kensinger, Atty for Pltff Bink Partnership, Inc., T/DB/A Bink Architectural Partnership, Deft. Stolen Moments Photography, c/o Harrison Bink, Claimant PROPERTY CLAIM i C VS JI- ff7 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. a?o? - 3477 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE y cal! 0 alb cap e'ra ?S? co Nue) ?xr?er7sio.,-, cold is . fawx 6?F- 505- -Fax M?G??h r 3d? fig Jeanne 7' sc aHhenr 300 . .?'7? Gm??ier/t"?rirr?er ??cros?r?Gr utiif 25D . THE CLAIMANT OBTAINED TITLE TO THE Date 03 V& e ©g Claimant , eti/ AW 76 IPIVZ?q ftO GJ State of Pennsylvania: County of Cumberland abo fist in the property claim are correct and true. of to before NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County being duly sworn according to law, deposes and says that the laima t Commission Expires April 4, 2009 Office Lease This Agreement of Sub Lease made this day June 3, 2008 by and between Bink Partnership (the lessor) and Stolen Moments Photography (the lessee). The lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease to the lessee, the Eastern-most entrance and the rear of the current premises as located at 133 South 32nd Street, Camp Hill, PA 17011, as follows: Full width of the rear building, interior measurement 20'10 3/8" to face of demountable wall, totaling approximately 509 square feet gross. Included are two offices currently demised. Rent shall be apportioned Total Building Rent, no more than the percentage of the total area occupied by the Sub-lessee as a portion of the building gross floor area (including basement), approximately 4000 square feet. Said Total Building Rent is currently the amount of $2,500.00 per month, therefore the sublease area of 500SF divided by 4000SF total equals 12.5%, or $312.50/month, due and payable on or before the first of the month in advance. Renewal shall be automatic and subject to annual increases of the consumer price index as a minimum basis for escalation of the rental amount. Sub-Sublease is not acceptable. The lessee agrees to pay apportioned costs of building and grounds service, maintenance and repairs; taxes; insurances; and utilities (triple net). Inspection of the premises shall be the right of the Lessor. In witness thereof the parties have executed this lease: Lessor: Bink Partnership Harrison F. Bink June 3, 2008 Lessee: Stolen Moments Photography June 3, 2008 Tammy Brinkley 333 8001 ?d '!\ -1 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor °0tv of ?untbPrt? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Johnson Imaging Systems vs Bink Partnership, Inc., T/DB/A Bink Architectural Partnership Writ No. 2008-3477 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by Quality D.O.T., pertaining to Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al.-vs- Bink Partnership, Inc., T/DB/A Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Quality D.O.T., in the above mentioned property claim, is the owner of the property set forth therein. So Answer Tho R. Kline, Sheriff By cc S.B. Kensinger, Atty for Pltff Bink Partnership, Inc., T/DB/A Bink Architectural Partnership, Deft. Quality D.O.T., Claimant c/o Harrison Bink Telephone 717/238-7151 Facsimile 717/238-7910 E-mail: robert.knupp@verizon.not KNUPP LAW OFFICES, LLC ROBERT L. KNUPP, ESQUIRE POST OFFICE BOX 630 407 NORTH FRONT STREET HARRISBURG, PA 17108-0630 December 10, 2008 Attn: Claudia Office of Hon. R. Thomas Kline, Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013-3387 Re: Property Claims - Bink Partnership, Inc. Writ No. 2008-3477 Dear Claudia: Robert E. Knupp (1909-1976) Pursuant to your telephone call of December 8, 2008,1 am in receipt of property claims filed on behalf of the following lessors and/or secured creditors. 1. Philips Capital 2. Quality D.O.T. 3. M&T Credit Services 4. Stolen Moments Photography 5. Sovereign Bank All of the claims were correctly filed. There is, however, one addition that must be made. The Konica Minolta Copier (the Quality D.O.T. property claim) was assigned from the vendor, Quality, to GE Capital Corporation. I am enclosing copies of the assignment and documents showing GE's interest as assignee. We would request that that be added to the property claim where the claimant is styled as Quality D.O.T. Putting it in other words, it is correct to say that Quality was the original party in interest for the Konica Minolta Copier. In order to make certain, however, that the claim is correct, we are providing you information concerning the assignment of the interest of Quality D.O.T. to GE Capital Corporation. I am enclosing the Equipment Lease Agreement which, if you look at it carefully, you will see that the supplier is listed as Quality Digital Office Technology, i.e. Quality D.O.T. Simply insert the Equipment Lease Agreement with GE Commercial Finance's interest. If anything further is needed, I am certain that you will let me know. Very truly yours, Robert L. Knupp RLK/pm Enclosures Froa:Bink Architectural Partnership 717 737 0442 GE Commercial Finance EQuWall Model& Demptim 0451 sn:K010007325 Fax FK502 sn:15LB45652 Serial Number FS608 snO7UOW1002498 Punch Kit 12/08/2008 17:31 #108 P.002/002 Equipment Lease Agreement Agreement # MjS77a51 nr]1 AcoeSsWies DF611 sn:01 HOW0028911 O See attached schedule for additional Equipment /Accessories EqugrnenlLoceW(ddl8WfMMB"Address) _ ' •• • •• Quality Digital Office Technology 1104 Carlisle Road, Suite 150 fair Market Value Camp Wl PA 17011 CWf so T* YW MVESELECTEDTMOZWMBNT. THESUPPI MANDIISREFRESENTATWES ARE 007 OURAGENTSANDARENOT AUTHOWEOTOMOMYTHE TERNISOF THIS LEASE YOUAREAWAREOFTHINK OF THE MANUFACTURER OF EACHREMOF WWMENTANDYOU WRLCONTACT EACHMANUFACTURERFORA DESCRIPnON OF YOUR WARRANTY RBNTS. WE MANE NO WARRANTIES TO YOU. EXPRESS OR AWED. AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUNTAIILRY, OR OIHERML WE PROVIDE THE EWJPMENT TO YOU AS•IS. WE SHALL NOT BE LIABLE FOR OONSEMNTIAL OR SPECIAL DAMAGES. YOUR PAYMENT OBIMTK)NSAREABSOLUTEANDUNCONDfTN)MALANDARE NOT SUBJECT TOCANIXI.ATIOK NEDUCTIONOR SETOFF FORANY REASON WHATSO• EM BOTH FRRTESAGREETOWANEALLWOWS TOAAIRY TRIAL THISLEASE iNIALLKOOVWWBYTtELAWSOFIDWA. YOUCONSENTTOTHEJURISDICTION AND VENUE OF FEDERAL AND STATE COURTS IN IOWA. BY SOW THIS LEASE. YOUACNNOWLEDGE RECEIPT OF PAGE 2OF THIS AGREE - MENT. AND AGREE TO THE TERMS ON BOTH PAGES 1 AND 2. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREWT OR TO FORBEAR FROM EN- FORCING REPAYMENT OF A QUIT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DESTARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROMNISUNOER- STAtOItti OR OMA"*Wn ENi, ANY AGREEMENTS WE REACH COVERING SUCH 1NTTERSARECONTAIEOwTNSit 90G,WHICHISTHEOOM?LETEANDEXCLU- SIVE $TATUM OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. • GWWA SOW Capital t oT Omdot? 1861 Hilt Oda. Moberly. MO 65270 By. Name: Title: Dale: Billing Period: Monthly The Wowing additional payments are due on the daft this Agreementie signed by you: .SECURITY DEPOSIT $ ADVANCE PAYMENT "$ "Applied to: 0 fimt 0 to (plus applicable taxes) Lease Payment S 880.86 Term 36 males (plus applicable tines) DOCUMENT FEE $49.50 ( rmwed on rrst twice) Bink Architectural Partnership dt a" 133 S. 32nd Street AO M Camp Hill ' I PA 17011 '$jt? yaT n -117117 VOZ t:Akebin .m - Canh4 wanw a FwahAdews By: x ._ d ...... .._...........Name: GGi?O?7-i 10 ._.. ..._ .. Title:l'Pid Dale: 0& Fed Tax ID m sir. AO N Pner• NM BY. III Pop I of 2 Visit us at http-llgt.lusinpotlrce.com PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. ao 8 - 3477 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE 46flCGo /NO?TB Gc9 p/?iT' ' °?i 01170 Date ?L°L g Claimant Qya /tf State of Pennsylvania: County of Cumberland being duly sworn according to law, deposes and says that the above st in the property claim are correct and true. and subscribed to before me day of C 05 Public NOTARIAi CLAUDIA A. BREWBAKER AL E Carlisle Boro. 'NOTARY PUBLIC Cumberland County My Commission Expires April 4, 2009 Cla' REV100202 { r QUT.A.LITY Digta;l Office Technology York e 2699 S. Queen St. * York, PA 17402 * 717.741.4894 * fax 717.741.9685 Harrisburg * 1104 Carlisle Road e Camp Hill, PA 17011 * 717.236.2679 BILL TO: EQUIPMENT LOCATION: Bink Architectural Partnership HAO948 133 South 2 Street Camp Hill, PA 17011 Contact Name: Phone # email: Effective Dates Model/Description Serial Number I.D. # Contract Period Beginning. Meter Readin Pram Type Konica Minolta K010007325 PH094 04.09.08 to 04.09.09 'g l-#t) 1,6 GCC Bizhub C451 C 41 C Customer has declined the purchase of power filter and understands the terms of decline B UHL, Period Customer Care Peieing & Coverage Platinum $25.00 Monthly Connectivity Accept Deny Apply connectivity calls to my existing prepay plan Quarterly $ Quarterly which includes a minimum of copies. Overages are billed at per excess copy. Customer will be billed for overages quarterly. Original scans not producing a copy will be charged at .003 per scan. *Monthly xxxxxx Monthly meter reading x.0095 per monochrome copy and x.07 per color copy. Customer will be billed for overages monthly. Original scans not producing a co will be charged at .003 per scan. *Adxshds&adve Charge Required. Qnallty Digital Office Technology is not responsible for refunds due to less than the minimum number of copies contracted within an agreement year. In addition, the customer may not carry copy credits from year to Year. Maintenance Coverage Orions Dacrb&n ofMaintenanee Plans Platinum Connectivity Includes all non- hardware related connectivity service calls performed by QDOT personnel. Covers reloading of drivers when operating systems are upgraded, new 's are installed, or new users need added Full Service Includes all Parts, Labor, Drum, Developer and PM Kits except Toner, Paper and Staples. Does not include components associated with applicable printing or faxing systems. Subject to Limitations and Exclusions on following es. Full Service & Supplies xxxxxxxxxxx Includes all Parts, Labor and Consumables except Paper and Staples. Does not include components associated with applicable printing or faxing systems . Subject to Limitations and Exclusions on followin pages. Network Controller/Printer Board xxxxxxxxxxx Includes print controller, network card, memory, supplied cabling, print driver upgrades, and firmware upgrades. Fax System xxxxxxxxxxx Includes components associated with internally installed fax systems. ACCEPTANCE: THIS AGREEMENT IS ACCEPTED BY AND BINDING FOR QUALITY DIGITAL OFFICE TECHNOLOGY ONLY AFTER OFFICE APPROVAL. Customer acknowledges that customer has read all pages of this agreement, understands it, and agrees to be bound by its terms and conditions. It is complete and exclusive statement of the agreement between parties, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject of this agreement. The terms and conditions of this agreement shall prevail not with standing any variance with the terms and conditions of any order submitted by the customer with respect to the maintenance of equipment. All terms and conditions set forth above (or on following pages) are apart of this agreement; this agreement shall not be modified or amended except in a writing duly signed by the customer and an authorized office of Quality Digital Offlce Technology. Ke Wei le, Service VI O Quality Officer Approval Cu omer S gnu e & Date 04.10.08 1.VA &IbrJVF Date Name (Print) Rev. 1002 CUSTOMER COPY NON CONNECTED TERMS AND CONDITIONS This agreement is for maintaining the functionality of the base copier. Quality Digital Office Technology will perform maintenance with the following terms and conditions. 1) The agreement is for service calls performed during the normal business hours of Monday thru Friday 8:00 am to 5:00 pm excluding major holidays. Service calls that continue past 5:00 are not subject to charges as long as the call was placed prior to 1:00 pm on that business day. 2) This agreement is for a minimum of one calendar year from the date of inception and will renew automatically each year thereafter at the current rates unless cancelled by either party in writing 30 days prior to the expiration date. 3) This agreement is non refundable. Any unused portion of a contract may be applied towards the contract on a new machine purchased from Quality Digital Office Technology K it replaces the machine which held this contract 4) Special rates are available for service beyond the above mentioned normal business hours. 5) Supplies used in the machine must be original equipment manufacturer or an equivalent supplied by Quality Digital Office Technology 6) Supplies consumed during the course of service or damaged by the customer are the responsibility of the customer. Cartridges damaged by the end user will be billed at the supply rate. Service calls generated by the above mentioned will result in a bill" labor charge. 7) This agreement is not transferable. Quality Digital Office Technology reserves the right to start a new contract if the machine is moved from one address to another or a bankruptcy is declared and a business is reopened under another name. 8) Quality Digital Office Technology retains ownership of all consumable supplies unused by the customer if it is an all inclusive contract. 9) Internally or externally installed print systems and the components thereof are not included in the base copier agreement. This includes: print boards, network cards, cabling, software; drivers, modems, and firmware updates 10) Electrical requirements must be met without the use of adaptors, and pourer fitters must be in place 11) Quality Digital Office Technology may withhold service if any of these terms and conditions are not met or if a customers past due balances accumulate 30 days over the invoice date 12) Accounts will automatically be changed to pay per call status if contract renewal is not paid by the renewal date. 13) A supply shipping/handling charge of .0005 per click will be assessed to all toner inclusive contracts. A fuel surcharge will also be assessed as the market requires. This fee will be billed with each contract billing. 14) Quality DOT is not responsible for unavailability of parts (7) years after end of production 15) Customer agrees to pay meter readings which may be based upon average monthly usage as generated by our computer system and to pay a nominal yearly contract increase. 16) Original feeds not generating a copy will be subject to a separate maintenance fee. 17) Cost per copy contract rates are based upon manufacturers yields of toner on 5% page coverage per color. Page coverages greater than 5% on each color or black will automatically increase contract rate over and above the normal yearly increase. This contract does not include: ¦ Equipment lost or damaged due to accident, abuse, misuse, theft, neglect, moving companies, fire, water, or any other force of nature. • Circuit board failure from lightning or other power surge unless a surge protection device approved by Quality Digital Offloe Technology is installed • Service required by the use of non original equipment manufacturer supplies or not supplied by Quality Digital Office Technology • Improper installation of toner or other supplies ¦ Exterior hardware, Le. doors, covers, operation panels, stands, trays, stapler, and manuals which may become broken, lost , or damaged. ¦ Exterior monitoring or counting equipment ¦ Moving machines to new locations ¦ In shop rebuilds on equipment over (5) five years of age or that have surpassed the manufacturers recommended copy tile. ¦ Calls pertaining to applicable print or faxing systems or their components. Coverage for these items are available through cpc raise or a separate contract. CUSTOMER BS.! OF NNJW$ QuatltY Qlgftal Office Technology wRt: ¦ Provide factory trained technicians with original equipment parts and supplies or an approved compatible supply. • Provide a loaner if inoperable, equipment cannot be repaired within 24 hours to service contract customers only. ¦ Provide (3) three business hour or Ion response tine on WApsrabls equipment. ¦ Provide service.that exceeds your expectations. • Provide fair and competitive rates. a CONNECTED TERMS AND CONDITIONS This agreement is for maintaining the functionality of the applicable printing and networking components installed the copying system. All non connected terms and conditions apply if not covered here. 1) This agreement is for service calls performed during the normal business hours of Monday through Friday 8:00 am to 5:00pm excluding major holidays. Service calls that continue past 5:00 are not subject to charges as long as the call was placed prior to 1:00 on that business day. 2) The term of this agreement is for one year and will follow the contract dates, renewal terms and allowable prints of the base copier contract it is attached to. 3) This agreement is non refundable. Any unused portion of a contract may be applied towards the contract on a new machine purchased from Quality Digital Office Technology if it replaces the machine which held this contract. 4) Special rates are available for service beyond the above mentioned normal business hours. 5) Supplies used in the machine must be original equipment manufacturer or an equivalent supplied by Quality Digital Office Technology. 6) Supplies consumed in the course of service or damaged by the customer are the responsibility of the customer. Cartridges damaged by the end user will be billed at the supply rate. Service calls generated by the above mentioned will result in a billable labor charge. 7) This agreement is non transferable. Quality Digital Office Technology reserves the right to start a new contract if the machine is moved from one address to another or if a bankruptcy is declared and a business is reopened under another name. 8) Quality Digital Office Technology retains ownership of all consumable supplies unused by the customer if it is an all inclusive contract. 9) Electrical requirements must be met without the use of adaptors and power fitters must be in place for AC power and network line. 10) Quality Digital Office Technology may withhold service if any of these terms and conditions are not met or if a customers past due balances accumulate 30 days over the invoice date. 11) Accounts will be changed to pay call status if contract renewal is not paid by the renewal date. 12) A supply shipping/handling charge of .0005 per click will be assessed on all toner inclusive contracts. This fee will be billed with each service contract billing. 13) Original feeds not generating a copy will be subject to a separate maintenance fee. This contract Includes: Parts and labor to perform necessary maintenance of print controller, network card, memory, software, drivers, hard drives, and cables that are purchased from Quality Digital Office Technology as part of the copier printing system. Firmware upgrades as provided by the manufacturer when necessary. This contract doss not include: • Equipment lost or damaged due to accident, abuse, misuse, theft, neglect, fire, water, or any other act of nature. ¦ Circuit board failure from lightning or other power surge unless a surge protection device approved by Quality Digital Office Technology is installed • Service required by the use of non original equipment manufacturer supplies or not approved by Quality Digital Office Technology ¦ Improper installation of toner or other supplies ¦ Moving equipment to new locations • Cabling or wiring not supplied by Quality Digital Office Technology. ¦ Service or reinstallation of drivers or software after changes are made or updates made to the operating system unless Platinum Connectivity upgrade is purchased. ¦ Printing problems resulting from problems with a customers application. i.e. word, excel, or any custom software unless Platinum Connectivity upgrade is purchased. • Adding drivers to pc's after initial connection is made unless Platinum Connectivity upgrade is purchased. ¦ Reloading software or drivers town existing user when new pc's are purchased unless Platinum Connectivity upgrade is purchased. ¦ Any memory or add on that is not purchased from Quality Digital Office Technology. INTERNAL FAX SYSTEM TE MS-AND AGREEMENTS This agreement is for maintaining the functionality of the internally installed faxing system sold as part of the basic copier. All non connected terms apply If not mentioned here. 1) This agreement is for service calls performed during the normal business hours of Monday through Friday 8:00 am to 5:00 pm excluding major holidays. Service .calls that continue past 5:00 are not subject to charges as long as the call was placed prior to 1:00 on that business day. 2) The term of this agreement is for one year and will follow the contract dates, renewal terms and allowable prints of the base copier contract it is attached to. 3) The agreement is non refundable. Any unused portion of a contract may be applied towards the contract on a new machine purchased from Quality Digital Office Technology if it replaces the machine which held this contract. 4) Special rates are available for service beyond the above mentioned normal business hours. 5) Supplies used in the machine must be original equipment manufacturer or an equivalent supplied by Quality Digital Office Technology. 6) Supplies consumed in the course of service or damaged by the customer are the responsibility of the customer. Cartridges damaged by the end user will be billed at the supply rate. Service calls generated by the above mentioned will result in a billable labor charge. 7) This agreement is non transferable. Quality Digital Office Technology reserves the right to start a new contract if the machine is moved from one address to another. 8) Quality Digital Office Technology retains ownership of all consumable supplies unused by the customer if it is an all inclusive contract. 9) Electrical requirements must be met without the use of adaptors and power filters must be in place for AC power and fax line. 10.) Quality Digital Office Technology may withhold service if any of these terms and conditions are not met or if a customers past due balances accumulate 30 days over the invoice date. 11) Accounts will be changed to pay call status if contract renewal is not paid by the renewal date. 12) Original feeds not generating a copy will be subject to a separate maintenance fee. This contract includes: ¦ Parts and labor to perform necessary maintenance of electrical components purchased with the accompanying fax system. ¦ Phone cord from wall to copier provided a fax/copier surge protector is used and the phone cord is run through the surge unit. Firmware updates as required. This contract does not include: • Equipment lost or damaged due to accident, abuse, misuse, theft, neglect, fire , water, or any other act of nature. ¦ Circuit board failure from lightning or other power surge unless a surge protection device approved by Quality Digital Office Technology is installed ¦ Service required by the use of non original equipment manufacturer supplies or supplies not approved by Quality Digital Office Technology. • Improper installation of toner or other supplies. • Moving equipment to new locations. ¦ Cabling or wiring not supplied by Quality Digital Office Technology. • Calls generated by a problem with the customers phone line from wag jack and beyond. • Calls generated by a problem with the receivin wW fax. 81 --S d E - 330 8001 Val 'n 1; i 11 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor °0tv of 01114 pq OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 12/12/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Johnson Imaging Systems vs Bink Partnership, Inc., T/DB/A Bink Architectural Partnership Writ No. 2008-3477 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 3, 2008, entered by M & T Credit Services, LLC, pertaining to Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al.-vs- Bink Partnership, Inc., T/D/B/A Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, M & T Credit Services, LLC, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: ??.., Tho s R. Kline, Shen' ff By cc S.B. Kensinger, Atty for Pltff Bink Partnership, Inc., T/DB/A Bink Architectural Partnership, Deft. M & T Credit Services, LLC, Claimant c/o Harrison Bink PROPERTY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. c ??S - 3g7 7 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE i?Drgikre - see otlockea? l s? - line ' //? t7 Date O3 Sec ©8 Claimant Grp zz 5enzlcn,, 21G, State. of Pennsylvania: County of Cumberland abo a list mi the property claim are correct and true. to before me ARIA._ CLAUDIA A. B WBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 being duly swom according to law, deposes and says that the Claimant 0 ./ CERTIFICATE OF ACCEPTANCE For Equipment Lease Dated Lessor's Name: M&T Credit Services, LLC Attn: Phil Casciano Address: 4926 Main Street, Amherst, NY 14226 Phone: 610-694-8848 Fax: 610-694-8849 Lessee's Name: Bink Partnership, Inc. Attn: Harrison Blink Address: 133 South 32id St., Camp Hill, PA 17911 Phone: 717-737-0402 Fax: 717-737-0442 QTY. EQUIPMENT DESCRIPTION (MANUFACTURER, MODEL NO., SERIAL NO., ITEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (ifdMerent from Lessee's address above): Vendor Name/Address: Knoll, Inc. & POSG Commercial Interiors Lessee hereby certifies that as of this date the Equipment described above has been delivered to and accepted by Lessee after complete inspection and testing, is correctly described in the Lease (with the exception of serial numbers which if omitted now may be supplied by Lessee in the future by telephone and inserted in the description by Lessor or Assignee), is in good working order, and is satisfactory to Lessee in all respects. Lessee reaffirms that Lessee's obligation to pay all amounts due and to become due and perform all other obligations under the Lease is absolute and that any recourse Lessee might have in case of any nonperformance, unsuitability or other failure of the Equipment shall lie with the manufacturer or vendor and in no case with Lessor or Assignee. Information Sharing Notification Consent Form Unless I check the box below, I authorize you to make available to your affiliates and others any and all of the information, induding any credit report, that you have obtained in connection with my application or may obtain in the future. I understand that I do not have to authorize the sharing of information about me to obtain credit. X I do not authorize you to share information, other than information which you are permitted to share by law, with others. Date 20 66- LESSEE named above: By: , a on F, nk President Tile (If Corporation, President or Vice President should sign and give official T(de, V Partnership, General Partner, if Limited Liability Company, Member) M M&T Credit Sm4ce,% LL C. J & EQUIPMENT LEASE f Lessor's Name: M&T Credit Services LLC Attn: E ui ment Leasin Address: 4926 Main Street, Amherst, NY 14226 Phone: 610-694-8848 Fax: 610-694-8849 Lessee's Name: Sink Partnership, Inc. Attn: Harrison Bink Address: 133 South 32nd St., Camp Hill, PA 17011 Tax ID #: 26-0000143 Phone: 717-737-0402 Fax: 717-737-0442 Corporate ID #: 3042914 Lessee is: ® Corporation ? General Partnership ? Limited Partnership ® Organized in Pennsylvania j] DBA ? Other (specify) QTY, EQUIPMENT DESCRIPTION (MANUFACTURER, MODEL NO., SERIAL NO., rrEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (if different from Lessees address above): Vendor Name/Address: Knoll, Inc, & POSG Commercial Interiors Term & Rental Payments: Term 60 mos. Rent Commencement Date: RENT PAYABLE PAYMENT NUMBER & AMOUNTS ADVANCE PAYMENTS RECEIVED BY LESSOR ® Monthly ? See Schedule Periodic Rent 60 at $ 1895.98 Plus a Final Payment of $ 1.00 O One ® Two at $ 1895.98 to be applied to: ? First Periodic Pymt. ® First & Last Periodic Pymt. Sales Tax Status: ® Plus Sales Tax ? Tax Exempt ? Sales Tax Has Been Prepaid LEASE. By signing below and tendering advance payments to Lessor, Lessee hereby offers to lease from Lessor pursuant to all the provisions set forth in the following pages, the personal property described above together with all substitutions, replacements, repairs, upgrades, additions, accessories, attachments, products and proceeds (the "Equipment") and authorizes Lessor to obtain credit reports on Lessee and each proposed Guarantor. Lessor by signing below accepts and hereby leases the Equipment to Lessee. Unless expressly stated otherwise, all references to Lessor shall be deemed to include applicable Assignees of Lessor. Lessee's obligation to pay Rent to Lessor is absolute and unconditional and shall not be subject to any abatement, deferral, reduction, defense, counterclaim, setoff or reeoupment for any reason, including without limitation any claim against the manufacturer or loss of possession or use of the Equipment. Lessee agrees to provisions on the following pages. THIS LEASE CAN BE AMENDED OR MODIFIED ONLY IN WRITING. THIS LEASE CANNOT BE CANCELLED. Accepted on , 20_ Date M&T CREDIT SERVICES, LLC By: Philip A. Casciano Title , 20 L;SE_ He Ink President Title (N Corporation, President or Vice President should sign and give official Title, if Partnership, General Partner, if Limited Liability Company, Member) GUARANTY. Pursuant to the provisions set forth in the Guaranty set forth at the end of this Lease, each guarantor jointly and severally guarantees payment and performance of all obligations which become due under this Lease. -' Guarantor Signature Date Guy ' ature Date Guarantor Name: Guarantor Name: -Harrison F. Bink Guarantor Signature Date Guarantor Signature Date Guarantor Name: Guarantor Name: SEND PAYMENTS TO: M&T Credit Services, LLC, Attention: Commercial Loan Operations, P.O. Box 1358, Buffalo, New York 14240-1358 i ` SCHEDULE "A" Equipment List for: Bink Partnership, Inc. 133 South 32'' St. Camp Hill, PA 17011 Furniture 1-54x24 Work Surface/1-87x24 Work Surface/ 1 Pencil Drawer/2-Floor Standing Pedestal 1Calibre Lateral File/] Flat Bracket for 24 'Work Surface! 2-Deask End Unddl Intemediate End Umts/5 Calibre Lateral Files/5 side Letter Tray Double/ 5 Bus. Card Holder/ 5 Pencil Cup/ 9Work Surface Support/ 4 Series 2 Steel Front Display/ 1 Series 2 Front Display/ 4 Series 2 Steel Front Displays/ 12 Full Depth Shelf / 5 Self for Propeller Training Table/ 5 Orchestra Lad Bar/ 10 Stanchion for single Table! 4 Propeller Privacy/ 5 Wire Mang. Through 32"/ 5 Wire Mang. Through 55"7 3 Monolithic Panel 64x24/ 4 Tiled Panel 64x24/ 4 Tiled Panel 64x36/ 1 Tiled Panel 64x42( 3 end trim hook strip/ 2 Wall Starter! 5 Ceiling Chermel/I Caddy Clip/ 5 Beam Bracket/ 5 Beam Bracket for Stacking Module/ 14 Stabilizer Brackets/ 1 Hookstrap Cover/ 5 Rolling Door Floor to Ceiling 79x36/ 5 Threshold for Rolling Door/ 4 Stackable 15x24 Window Panels/ 4 Stackable 15x 36 Window Pads! I Stackable 15x42 Window Purnell 2 Wall Starters/ 4 Floor to Ceiling Window Module 19 %. x 247/ 9 Floor to Ceiling Window Module 19 '/. x 36 Type A/ 1 Floor to Ceiling Window Module 19 '/. x 42/ 2- Floor to Ceiling Straight line Open Office Exit/ 3-Floor to Ceiling t-Post 102 WY 5 Work Surface Straight 66/30"/ 4-Worksiaface Straight 66/24"/6 Side Letter Tray/ 6 Bus. Card Holder/6 Pencil Cups/ 11 Walk surface rein 60".17 Work surface rein 72"/ 3 Series 2 Steel Single Door/ 3 Series 2 Steel Single Door/ 3 Series 2 Single Door Cab/ 3 Series 2 Single Door Cab 62x24"7 3 Series 2 Single Door Cab 64x24/ 18 Full Depth Shelf 24x22"/ 2 Eero Stool/ 4 Privacy Screen Clamps! 6 Shelf for Propeller Training Table/6 Orchestra Load Bar for 30" Stanchion/ 12 Stanchion for single Table/ 4 Propeller Modesty and Privacy Scan 89x18"/ 6 Wire Mang. Trays32/ 6 Wire Mang. Trays 56-16 Wire Mang. Trays 96'72 Tiled Panel 64x24/ 2 Tiled Panels 64x24! 8 Tiled Panels 64x36/10 Panel hook up Strips/ 8 Wall Starters/ 6 Ceiling Channels/ 6 Beam Brackets/ 10 Beam Brackets fro Stacking Module/ 16 Stabilizer Brackets for A or C Window/ 2 Rolling Door Floor to Ceiling 79x36/ 2 Rolling Door Floor to Ceiling 79x36/ 4 Threshold 96'%2 Stackable Window Pane115x24/ 8 Stackable Window Panel 15x36/ 8 Wall Starter 91V 2 Floor to Ceiling Window Module 9x24"/ 14 Floor to Ceiling Window Module 9x36"/ 4 Floor to Ceiling Straight Line 92"/ 2 Floor to Ceiling Straight Line 92"/ 2 Floor to Ceiling V Post/ I Panel Door 367/1 Panel Door 36'7 2 Worksurface Straight 100x 30"7 4 Workmdace Straight 102x 30'71 Wmksurface Straight 66x36"/ 1 Worksurface P-Top 69x36"/ 2 Worksurface Curvilinear Wave 6000-367 4 Worksurface Straight 604412 Worksurface Straight 66x24"/ 6 Wire Mang. Trays/ 6 Bud Vase/ 1 Series 2 Steel Front Display/ 4 Series 2 Steel Front Display 6424 with lock/ 3 Full Debth Shelf 24x227/1 Rectangular Replacement Leg Kit (2y 20 Rectangular Replacement Leg Kit (4)/ Acc gted By LESSEE NAME: Bink Partnership, Inc. Lease Number: BY: arrisc n F. Bink TITLE; President DATE: Bifik Partne whip, Inc. 133 South 32 St. Camp Hill, PA 17011 Attachment to Equipment Lease Dated Authorization To Pay Pursuant to, the above referenced Equipment Lease Agreement the Lessee, Bink Partnership, Inc. Hereby authorizes and directs the Lessor, M&T Credit Services, LLC to disburse Lease proceeds as follows: Checks Pavable /MAIL VIA OVERNIGHT DELIVERY MAIL DIRECTLY TO: 1.) POSG Commercial Interiors 309 South 10u` St. Lemoyne, PA 17043 Attention: Linda Til Phone: 717-763-4793 2.) Knoll, Inc. 1235 Water St. East Greenville, PA 18041 Attention: Erica Wheeler Phone: 215-679-1903 Lessee Name: Bink Partnership, Inc Lease Number: By: Aahison Title: f rc--? President Date: i , r . MEMO Date: 3/1/05 From: Philip A. Casciano 610-694-8848 To: Sandra Plesic - Bink Partnership, Inc. Subject: Documents for equipment Lease on New Office Furniture I need you to sign and return the following items via Overnight Carrier to: Phil Casciano M&T Credit Services, LLC 4175 Walter Rd, . Bethlehem, PA 18020 Checklist 1.) Check for: $4,019.48 made out to M&T Credit Services, LLC, this payment Equals First Payment of $1,895.98 + $113.76 (6% PA Sales Tax) = $2,009.74 + One Payment of Equal Amount. / 2.) Signed Lease, (First Page two Places) Sign & Date as Marked V 3.) Signed Certificate of Acceptance, (DO NOT DATE) / 4.) Schedule "A" List of Equipment (Sign and Date) 'V 5.) Authorization to Pay (Sign and Date) v 6.) Legible Photo Copy of your Drivers License or Documents must be signed / in the presence of a Notary and Stamped accordingly. 7.) ACH Account Letter, ( Optional ) (l d Make sure that you check off each item before you return the package to me. When I receive your documents, I will notify the vendor that payment will be sent when the equipment has been installed and you have accepted it. Please.Check over all Documents for anv errors. anv corrections must be initialed. Please make copies of all executed documents for your file. Thanks, Phil v, kt:vo 7b 41161t7- 7171-1 7,", M12, if /AJI< '50 1141- (111"N o,4__-mWi M /I- 44-e-ll -77b 1465' It" 6 -nrn'g? S'7 vwr <&F d&73 Ph J G? uJT J A/ *. d MEMO Date: 3/1/05 From: Philip A. Casciano 610-694-8848 To: Sandra Plesic - Bink Partnership, Inc. Subject: Documents for equipment Lease on New Office Furniture I, n lou to sign and return the following ftM vi,&Q?!eLx1. i s a_ ir to: Phil Casciano M&T Credit Services, LLC 4175 Walter Rd, Bethlehem, PA 18020 Checklist 1.) Check fore S4,0 i.9AT made wit to NUT Credh Services, LT C, this payment Equals First Payment of $1,895.98 + $113.76 (6% PA Sales Tax) / $2,009.74 + One Payment of Equal Amount. ? 2.) Signed Lease, (First Page two Places)ign & D&ie as ie/iarl_e K 3.) Signed Certificate of Acceptance, (DO NOT DATE) 4.) Schedule "A" List of Equipment (Sign and Date) 5.) Authorization to Pay (Sign and Date) 6.) Legible Photo Copy of your Drivers License or Documents must be signed / in the presence of a Notary and Stamped accordingly. 7.) ACH Account Letter, ( Optional ) _ Make sure that you check off each item before you return the package to me. When I receive your documents, I will notify the vendor that payment will be sent when the equipment has been installed and you have accepted it. Please.Check over all Documents for any errors, anv corrections must be initialed. Please wake copies of all executs? documents for your file. Thanks, Phil a n. 7) h -r 7b M12 /A J f C S?(r? 6u;-Y P1110G-- f1r-D sd -7 ?P%J CST .50 '77 174 C 7 dr.(=?W/l1?lf %T t?)ntRxy 44'r-& - /?2 6; %f?" 7V*" liJ4.41- / 66"3 phi a12z&.ujrJ Mff Credit Services, LLC EQUIPMENT LEASE Lessor's Name: M&T Credit Services LLC Attn: Equipment Lonsina Address: 4926 Main Street; Amherst, NY 14226 Phone: 610-694-8848 Fax. 610-694-8649 Losses's Name: Sink Partnership, inc. Attn: Harrison Sink Address: 133 South 32"0 St., Camp Hill, PA 17011 Tax ID #: 26-0000143 Phone: 717-737-0402 Fax: 717-737-0442 Corporate ID #: 3042914 Lessee Is: ® Corporation ? General Partnership ? Limited Partnership ® Organized in Pennsylvania ? DBA ? Other (Specify) QTY. EQUIPMENT DESCRIPTION (MANUFACTURER, MODEL NO., SERVAL NO.. ITEM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (if dd mnf from Lessees address above): Vendor Name/Address: Knoll, Inc, & POSG Commercial IntsMors Tenn & Rental Payments: Tenn "_ mos. Rent Commencement Date: RENT PAYABLE PAYMENT NUMBER & AMOUNTS ADVANCE PAYMENTS RECEIVED BY LESSOR ® Monthly ? See Schedule Periodic Rent 60 st $ 1896.98 Plus a Final Payment of $ 1.00 ? One ® Two at $ 1896.98 to be applied to: ? First Periodic Pymt. ® First & Last Periodic Pymt Sales Tax Status: ® Plus Sales Tax El Tax Exempt ? Sales Tax Has Been Prepaid LEASE. By signing below and tendering advance payments to Lessor, Lessee hereby offers to lessee from Lessor pursuant to all the provisions set forth in the following pages, the personal property described above together With all substitutions, replacements, repairs, upgrades, additions, accessories, attachments, products and proceeds (the 'Equipment's and authorizes Lessor to obtain credit reports on Lessee and each proposed Guarantor. Lessor by signing below accepts and hereby bases the Equipment to Lessee. Unless expressly stated otherwise, all references to Lessor shall be deemed to include applicable Assignees of Lessor. Lessee's obligation to pay Rent to lessor is absolute and unconditional and shall not be subject to any abatement, deferral, reduction, defense, counterclaim, setoff or recoupment for any reason, including without limitation any claim against the manufacturer or loss of possession or use of the Equipment. Lessee agrees to provisions on the following pages. THIS LEASE CAN BE AMENDED OR MODIFIED ONLY IN WRITING. THIS LEASE CANNOT BE CANCELLED. Accepted on . 20_ M&T CREDIT SERVICES, LLC By: Philip A. Cosclano Titre Date .'D LESSEE named above: By: • ' Harrison F. Sink President ' (N Corporation, President or Vloe President should sign and give otllci9l • • . ° ; ; , ; . , .' .. Title, M Partnership, General Partner, if limited liability Company,041"I er . . ° .' . ° GUARANTY. Pursuant to the provisions set forth in the Guaranty set forth at the and of this Lease, each guarantor jointly and severally guarahteE ' . ° . ° ° . ° . payment and performance of all obligations which becorne due under this Lease. DabQ • , , , Guarantor Signature Date Guarantor Signature Guarantor Name: Guarantor Name: Harrison F. Sink Guarentor Signature Data Guarantor Name: Guarantor Signature Date Guarantor Name: SEND PAYMENTS TO: Ml£T Credit Services, LLC, Attention: Commercial Loan Operations, P.O. Box 1358, Buffaio, New York 14240-1358 1. Tenn. The base berm of this Lease shah in on the date Lessor accepts this Lease (the Aaospmnce Dab's, shah continue for the number of months staled above and and on the last(the month coffered by the Last Payment shown above (the'Term ). Lessor is authorized to fill in:V =rag upon receipt of the Ceday rtificate of Acceptance. Any interim or renewal term shall be governed by tits Lease but duration shall be ?d upon. 2. Rent; Late Charge. Lessee agrees to pay directly to Lessor the rental payments shown above or on an equipment schedule entered Esucha gether with ah other al?ch may become due under this e aseerg without Mrnitaft all costs oftransputation and the Equipment, ant fazes, irtarirn rent, labs chargesprerniu ns rdr eperwes of arty kind Inca rr d by Lin documenting or enfoorkout of this Lease krdudinB but not Bnited to collection costs and attomeys' fees (attorneys fees d a maximum of 50ount currently due) and disbursements whether for internal or external counsel (the "Re t"). The erut of periodic Rent ue on the later of the Acceptance Date or a later date assigned by Lessor ("Rent Commencement ent strait be paid wite or demand. I any Rent b not received within tan (10) days of the dab due or demanded, Lessor may drarge and I?be obligated b pay a late charge equal to the greater of 520.00 or 5% of the ddinqueM amount or amount permktod by 3. Purchase Option. Unless agreed otherwise in a rider to this Lease, Le ssee shall have the option to purchase the Equipment upon expiration of the Lease upon payment of $1.00 to Lessor. This option shah be suspended during the existanoe of any Event of Default. 4. lritared on Accelerated Payment If upon an Event of Default Lessor aocebrabes the remaining Rent, Lessee shah pay to Lessor. in addition to the foregoing premium and all other amounts due upon acceleration (the'Acoekreled Paymero, irwerest on the amount of the Accelerated Payment accruing from the dab of acceleration until payment is actually received ?? Loom at the retie of two percent (2%) per month. In any event, however, Lessor and Losses do not Intend any portion of the Rent to t(hr<e interest nor for Lesses to pay Interest in exam of the maximum rate permitted by law, and any amount paid under this Lease which is deemed by a court having proper jurisdiction to be excessive interest shah be deemed a mistake and returned forthwith to Losses. 5. DNdWmer at WsurantNa; Lsatees ObNnWons. (1) _LESSEE ACKN MJEDGES THAT FOR PLIRPOSM OF UCC ARTICLE 7A THIS IS A STATUTORY FINANCE LEASE AND t ETHER LESSOR NOR ASSIGNEE lS AN AGENT OF THE MAMIFACTURER OR VENDOR OF THEE EQUIPMENT; LESSOR HAS NOT SELECTED, MANUFACTURED OR SUPPLIED AND WILL NOT SELECT MANUFACTURE OR SUPPLY ANY OF A EQUIPMENT; (3) LESSOR WILL ONLY ACQUIRE EQUIPMENT OR THE RIGHT TO FOSS&W6N AND USE OF EQUIPMENT IN CONNECTION WITH ANY LEASE DESCRIBED HEREIN AT THE SPECIFIC REQUEST OF LESSEE; (4) LESSEE HAS SELECTED OR WILL SELECT ALL EQUIPMENT AND ALSO THE MANUFACTURERS AND VENDORS OF ALL EQUIPMENT; ( LESSEE DIRECTED LESSOR TO ACQUIRE THE GOODS OR THE RKW TO POSSESSION AND USE OF THE GOODS, OR ISSEE HAS BEEN INFORMED IN WRTTNG OF THE IDENTITY OF VENDOR; (6) LESSOR IS NOT AN AGENT OF ANY MANUFACTURER OR VENDOR OF ANY EQUIPMENT; AND (7) LESSEE SHALL RECEIVE AT LESSORS OPTION BEFORE LESSEE SIGNS THE APPLICABLE SCHEDULE FOR THE EQUIPMENT EITHER (s) AN ACCURATE AND COMPLETE SUMMARY OF THE PROMISES, WARRANTIES, DISCLAIMERS OF WARRANTIES, LIMITATIONS AND MODIFICATIONS OF REMEDIES AND LIQUIDATED DAMAGES PROVISIONS PURSUANT TO WHICH THE EQUIPMENT HAS BEEN OR IS BEING MADE AVAILABLE TO LESSOR BY THE LW"ACTURER OR VENDOR SELECTED BY LESSEE OR (bA COPY OF THE CONTRACT PURSUANT TO WHICH THE EQUIPMENT HAS BEEN OR IS BEING MADE AVAILABLE TO LESSOR BY THE MANUFACTURER OR VENDOR SELECTED BY LESSEE, LESSEE FUIMIER ACKNOWLEDGES THAT R 1$ SATISFIED THAT THE EQUIPMENT IS SUITABLE AND FR FOR LESSEE'S PURPOSES. LESSOR AND ASSIGNEE MAKE NO WARRANTY EITHER EXPRESS OR IMPLIED, AS TO, WITHOUT LIMITATION, THE EQUIPMENTS QUALITY, CONDITION, MERCHANTABILITY, DESIGN, CAPACITY, WORKMANSHIP, PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE. No defect or unsultability of the Equipment or delay in delivery shah relieve Lessee of the obligation to pay Rent or any other obligation under this Lesse. Lessor hasty assigns to Lessee any I lereat it may have in miumfackmars' warranties, which Lessee may enforce in Lessee s narne and at Lessees sole expense . lessee knows it may have rights tender any vendor purchase documents and can contact the vendor if any for a description of such rights. ` 6. I.+asse YTED i. arry adios or other legal proceeding LAWS OF 3 to this Lome STATE OF NEW (YOR ) K, consents to the INCLUDING W personal LIMITATION UCCD INTERPRETED IN ACCORDANCE WITH THE THE W8 ARTICLES 2A AND 9 AS APPROPRIATE AND SHALL BE DEEMED AND EXECUTED AND PERFORMED IN THE STATE OF NEW YORK AS OF THE DATE OF THIS LEASE, (b) waives objection to the NOV of venue. (c) waives personal service of process and subpoenas, (d) consents to the service of process and subpoenas by registered or csrtMled mall, Postage prepaid and fahrn recw requested directed to Lessee's last known address, with such service deemed complete live (5) calendar days alter rru k (s) waives any rgM to assert any counterclaim or setoff or any defense based upon a statute of limitations or a claim of (aches, (f) waives Tta right to site& any final ?udgment that is obtaited as a direct or itdiect result of any action brought against Lessee Lessor and (g) consents to each such final rudgment bei rry cxH rrt ha?kltion. LESSEE WAIVES ANY AND ALL }2(a) CA REMEDIES CONFERRED I BY , UCC p? 505b22 WfiliOlJT LI?MfTAT10N ANY RfCHRSCANCEL CANCEL O OR REPUDIATE E THIS THE LEASE (b) REJECT OR REVOt? ACCEPTANCE OF THE EQUIPMENT, c) RECOVER FROM LESSOR FOR BREAGH OF ARRANIY OR FOR ANY 07HER REA90N CLAIM A SE INTEREST IN ANY REJECTED EQUIPMENT IN LESSEE'S POSSESSION OR CONTROL, (e) DEDUCT FitO RENT ALL OR ANY PART OF ANY CLAIMED DAMAGES RESULTING FROM LESSOR'S DEFAULT UNDER E (.EASE, (? ACCEPT PARTIAL DELIVERY OF THE EQUIPMENT, (g) COVER BY MAKING ANY PURCHASE OR LEASE OF SUBSTIME EQUIPMENT, RECOVER FROM LESSOR ANY GENERAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHA AND 14 SPECIFIC PERFORMANCE, RenEVInI 6R THE LIE FOR ANY OF THE EQUIPMENT. Lessee also waives any right guarded by statute or otherwise it may have now or In the future to require Lessor to sell or re-levee the Equipment or otherwise to mitigate damages. Lessor (by entering Into a Lease with Lessee and each Assignee and also each Lssase signing below (together with each such lessees, successors and permitted assigns), (a) waives all right to a trial by jury in any action or proceeding of any kind winstinsr directly or tridlu+sctiy arM[ng on, out of, or by reason of or directly or indirectly relafto to any lease referred to or datrribsd rrerskr or trarrsactlon dkiadhi irrdlnetiy rnalatsd b any such Maas or this Lease auw tW apew tlrat It shit not saMc to consolidate any such action with awry o011?} a cbm In stride a jury trial carrot be or has not been waived. The provislons of this paragraph shall be subject to no exceptions. Ndtlna Leew nor any Lessee has agreed with or represented to the other that the provisions of this paragraph will not be fully enforced in all Instances. Each Losses signing below acknowledges that this waterer may deprive It of an Important right and that this waiver has been knowingly and vohrrdrily agreed to 7. Risk of Love. Lessee assumes the entire rink of loss to the Equipment Leases shall advise Lessor M writing promptly of the ncea and e*mt of an damage. If the Equipment is Irreparably damaged, lost, stolen or taken by eminent domain or nubs, Lessee shall, at Lassoes option, (a) replace it with We equipment approved by Lessor and transfer this to the replacement Item to Lessor, or (b) pay to Lessor all Rent due and to become due, less the net amount of any recovery actually received by Lessor from Insurance or otherwise discounted at a rate equal to five (5) percent. Mitres, in Lessor's sob discxation, the Equipment can be repaired, Lessee shah at Its eogrerrsa pra - m eiMd such repairs as Lessor deems necessary for compliance with this Dees. Any insurance proceeds Lessor mosives for repalir of the EquiprneM shah, at Lessor's option, be paid either directly, to the party completing the repels, or to reinburss Lessee for the cost of such repairs; provided' however, that Lessor shall have no obligation to make any payment until receipt of "once satisfactory to Lessor that such repairs have been completed; and further provided that Lessor may appy such proceeds to the payment of Rent If there shall have occurred and be continuing an Event of Default or any event which with lapse N* time or notice, or both, would become an Event of Default. Lessee shah, upon Lessor's request, undertake, by litigation or otherwise, in Lessee's name, the collection of any claim against any person for such loss or felting, but lessor shall not be obligated to undertake the collection of any such claim. 8. Representations and Warranties of Lessee. Lessee represents and warrants to Lessor that: Lessee's legal name and the address of Its chief ex*xOw offi®e Riven on page 1 are complete and correct and Lessee has attached a rider containing an assumed names or other locations for lessee s business; this Lease has been executed by Lessee's authorized representative; Lessee is duly organized and in good standing under the laws of the state in which it was formed and duty authorized to do business In each jurisdiction where failure to be so authorized might have a material adverse sited on its financial condition or assets; it has the It Mi. and power and has taken all necessary corporate, partnership or other action to authorize execution, delivery and performance of is under this Lease; this Lease constitutes a valid obligation of Lessee enforceable In accordance with its terms; and execution, dei ry and performance of this Lease will not violate the terms or constitute a breach of any law, regulation, court order or agreement to which Lessee is a party or by which it is bound. 9. Btrsirnsss Use; Wkntsrrarnce. Leases at its sole asperse shall cause the 2Wpmt to be maintained in good repair according to the manufactu uses specifications. Lessee shall use the Equipment only FOR BUSIN a& n1 RPOSES, In compliance with law, and in the manner for which it was designed and intended. 10. Insurance. Liability insurance coverage for bodily Injury and property damage Is not Included as pmt of the Lease. Lessee is responsible for and shall maintain at all times property damage, fire, the and_ comprehensive insurance for the full replacement value of the Equipment with lender loss pay Mable provisions in favor of Lessor as Its interest appear and maintain public liability insurance naming Liessor as ) days' prior otherwise In additional bstance,and amounpolicies which t Including deductibles, and0ssuedd by y Insurers y to Loo UNOWet any change or cancellation and form, 11. Taxes and Comb. Lessee shall pay all applicable personal property, sales, use and other taxes whether or not stated on the Schedule (including without Irritation any amounts due pursuant to Increases in rates effective during the Term), license and registration fees, assessments and other government charges, however designated, based on the Equipment or the Rent or upon the ownership, rental, operation, mainbnanoe, repak, retrxn or other disposition of the Equtprtnarnt, or for t? ?Egrtiprner or perf?irg or recording Aaignee's interest, at the retes in etliact from tine to time. incirdirg taxes rnsasured by net d Leuor to the e?aerit that such texas are ar?ssed h connection wIth the Equipment in lieu of often goverrnrrnental charges Lasses sheIt pay all shipping and delivery charges and other expenses incurred in connection with the Equtpmentt and pay all lawful chins which might become a lien on the Equipment. 12. Compliance. I eases shall np1y with all govemmentsl Jaws, regulations. and rubs, incirding without limitation resrironmerdal lows and all mamufactunsra peraikng instructions and warrarrequiremeMss merit, and with the conditions and irernernts of all policies of insurance with reaped to the Equipment and this Lease. At any time during business hours, Lessor may enter premises where the Equipment is located, to inspect the Equipment. 13. Lessor's tight to Cure. Lessor may at its option In Lessors sob discretion perform any of Lessee's obligations omitted by Lessee, at Lessee's expense payable upon demand or by setoff against any advance payments made by Lessee under this Leese. 14. Indemnity. Lessee shall defend, indemnify and hold Lessor harnless from and against all claims, losses, U eys me, damages, judgments, suits, and all legal proceedings, and any and all costs and expenses (including without limitation attorneys' fees and disbursements whether for internal or external counsel), arising in connection with this Lease or with the manufacture, purchase, ownership, delivery, Installation, possession, use, storage, operation, failure, maintenance, repair, return, repossession or other disposition of the Equipment, inducting wthout limitation dairw fior injury to or death of persons and for damage to property. Lessee shall give Lessor prompt notice of any such claim or IWAky. Lessor, at Lessor's option, may require Lessee to undertake at Lessee's sob cost (subject to periodic consultation with Lessor) the defense of an claim, proceeding or other action which Lessor is entitled to Indemnity hereunder. Lessee further agrees that it shall not enter into any settlement of any claim, proceeding or other action subject to Indemnity that would in any manner create any obligation or duty upon lessor or limit any of Lessors rights without fast obtaining the prior express written corneeM of Lessor thereto. 15. Location. Lessee shall not remove the Equipment from the equipment location specified above without Lessors prior written consent Unless Lessee purchases the Equipment upon the early termination, expiration, termination or cancellation of this Lease, Lessee shall, at its own expense, deliver the Equipment in good condition, ordinary wear and tear excepted, at a location within the United States designated by Lessor. 16. FimncW Stallemeni s. Lessee shall maintain a system of accounts in accordannce wIth generally accepted accounting principles wrns?ently applied, and dslhrer to Lessorprorr?y on request a etaternetnt Of irncorne and cads Vows and a balance sheet as of the end of its most recent fnscal year prepared in aocbrdwnssw tlliw n generally acoepmd accounting principles and oerifAed by tessse's citJsf firwnctN officer, audited and certiUed by an independent public acxouMant aoceptabb to lessor, to be oorect and complete in accord wIth Lessee's records and to presets fairy the results of Lessee's operators and cash flows and its financial position at year end. 17. Pnssrvatlon of Losses" s Exisbrnos and Bushrew. (a) Lessee will preserve and keep In full tree and aired Lessee's existence, rights, licernwa and frarnchises and those of any subsidiaries necessary and material to Lessee's and subsidiaries operations taken as a whole; and (b) L asses will not make or permit to be made any material change In the character of Lessee's business or operations. 18. Title, No Other Liens; Security Interest in the event that this transaction shall be determined to be something other than a "True Lease", Lessee hereby grents to Lessor and arty Assignee of Lessor a oartinuing aecxurity interest rn all of lessee's rigfnt, file and irderoat in and to the Equipmentntt togefhsr with arty and ell proceeds ot the Equipment or other tangible or intangible property of Lessee resulting from the sale (authorized or unautinormed) or otiner disposition of the 6gtdgnenL lessee flurihner agrees and ooverrarnts not loo aeab or pemnit any Dien or otlner enaurrnbrarnoe upon the Egndprrnernt or Ws Lease altbr than L.esson's inbrest, and agrees tlnat tf Lessee breadbs Ws oovenarrt Lessor may carnoel ibis Lseee. Lessors awnersf? interest h titled Equipment ahotl not be trrrpaied though Lessee's name may appear on the titre certlticate. 19. Quiet Enjoyment; Equipment Is Personalty. So king as no Event of Default shall have occurred, Lessor shall not Interfere with Lessees quiet possession and use of the Equipment in accordance with this Lease. Lessor and Lessee agree that the Equipment shall remain personal property. Lessee will obtain, at Lessee's sob cost and expense, and deliver upon Lessors request any landlord and mortgagee Waivers In recordable form, satisfactory to Lessor, from all persons claming any Wrest in the real property on which the Equipment is loc clod. 20. Event of Default. An event of default ("Event of Defaulr) will have occurred If (a) Lessee falls to pay fieM within ten (10) days of the date due whether by acceleration or otherwise; (b) Lessee or any Guarantor of this Lease (a "Guarantor" )ches or fails to perform when due any obligation under this Lease or any other agreement with Ass nee; (c) any of Lessee's debts Is accelerated or an event occurs which after notice or lapse of time or both would permit such acceleration; (c$ Lessee or any Guarantor is dissolved, suspends Its present business, agrees to a merger or other absorption or to trarnsier or otherwise dispose of substantially all of its assets, makes or sends notice of a bulk sale, becomes insohrent (however such Insolvency is evidenced), generally fails to pay Its debts as they become due, falls to pay, withhold or coned any tax as required by law, has served or tiled against it or its assets any lien not permitted above or has entered agairwt It or Its Guarantor or assets any judgment, order or award; (e) a receiver or similar trustee Is appointed for Lessee or Its Guarantor or assets, or Lessee or any Guarantor makes an assignment for the benefit ot creditors or commences or has corxnenoed against It a proceeding pursuant to arty bankruptcy law; (f) any representation or wawa made in this Lease or related documents or financial or other statements provided by teases or any Guarantor proves ts have been or mis?Jn am rrmaterial reaped xrhern made; or (g) any pension plan of Lessee or Guarantor rya to contpy wMh reuplicable law or has vested that, in the opinion of Lessor might have a material adverse effect on arty Lessee's or Guare s abItity to repay its debts. 21. Rernedies. Immediately upon the oaxmwm of any Event of Default, Lessor may, without notice or demand, We any or all of the following sus: (a) immediately cancel the Lease, retain all RoK and require Lessee. at its expense, promptly tD return the Equiprnsnt at such place as L es:or aye ro) witiwut process of dew. enter upon the premises whore the Equipment is located and take Yrrriediete posse?fon of the Equnehfrea trorn all claims for less or damage caused by repossession; (c) declare hnediatey due and payable, In addition to all accrued and ur?aid Rent, an amount equal to the present value of all remaining unaccrued Rent, discounted at a rate equal to five (5) percent; (d) sell, re-lease or otherwise dispose of the Equipment as is or w?h any comrnerelaly reasonable preparetbn, at publ? or private eels, le are or more peruxale, upon arty terms, at such place(s) and tine(s) acrd b such persons, as Lessor deems best, wiliaut demand or notice, Lessee agrees ten (10) business days written notice if oo shah be deemed reasonable notice: or (e) exercise any other right or?in equity or under law, iackrdinp widrout Nrrn(tetion?rerrredies of a warred pa and under the Uniform Corrrrrerdal Code. Lessee shall be liable for a costs and expenses harmed by Lessor for sale or re-lease, indud?ng reasonable brokers commissions and attorneys' fees and disburaernents, whether for internal or outside counsel. To the extent not prohibited by applicable law, Lessee hereby wolves aation, Inquisition, stay, appraisal or redemption rights which, but for this provision, might be applkable ?n any sale or ne-lease Equipmett 22. Batrptcy Remodli s. I sssee agrees that ff Lessee should became a debtor under Tile 11 of the Uniied States Code, (a) Lessee or its trustee shah notify Lessor within no more than sixty (60) calendar days after the date the petition Is flied whether Lessee Intends to assume or reject this Lease; (b) Lessor shall be entitled to immediate relief from the automatic May to permit enforcement of Lessors rights and remedies under this Lem and applicable law; (c) Losses consents to the Immediate termination of the automatic stay and agrees not to contest any motion pf led by L:emor for such termination; (d) Lewes agrees that the exclusive period for it to fie a plan in badmocy and ------------- w?l 6erminsta on Ute first day of the sbdh rrwnthh slier the date the pethion was Pied. or such dale as apsc?lfed by the court i` d Nferonrt; and Lessee shah mat seek arty extension of such pfd, (e) Lessee adrt that m the le not neoeesary to a pin of reorganization or liquidation, (i) Lesson has no adequate pn?clbO' n absent torecbsure against the Eq? ((Ni) the filing of a ban nk ipteY petition will oonstitte bad faith ff the primary purpose is to delay a pending foredoaure; (tv) Lessee has no defense to lessors claim; and (v) any receivership pending should be continued. 23. Ftodw Apurano m Lewes will execute all documents and We ON MOW actions requested by Lessor to protect their kftm is under this Lease, Including without limitation Uniform Commercial algCode financing stalame?. Lessor is authorized to file this Lease as a security nameofL a financing staternent, to will pay a of it financing without the signature of Lessee and to errocxrts financing stelemerb in statements agreement In ku Lessee's respe Lease stamp Was. Lessee will cause Lessors Interest In thnesnEgquipmen ? ? noted on any certificate oft relatiinng g to then Eqlimitation uipment. documentary 24. Power of lasses irrevocably and unoond appoints Leaaar Attorney-In.-Fad to, atoarlu ftine, in Lessee's name or otherwise a) execute ??9 statements relating to the Equi?ppmmentally (b) e---Ae U for of title or notion of lien relating to the Equipment, (c) anclorse checks, drafts or other iwtrumerb drawn t>y th-o iss Insurance covering the Equipment or (d) execute and deliver any writing and take any other actions either deems necxsaary or desirable to perfect or protest its intieresta under this Lease. This power is coupled with an interest and ff Lessee is a natural person shah not be affected by any su uar?t dleabiliy of Lessee. This Power of 9 h?alabe?exerd?dfoprr>t p r nandnootfa?r to ad on Lessee's alF or in Lessee's interest. Lessor is not 25. Enforceabililty. This Lem shall be binding upon Lessee's successors and assigns and shall benefit and be enforceable by Lassoes successors and assigns. 26. Lessor's Non-Waiver Etc. No course of dealing nor any delay or omission in Lessors exercise of any right shall constitute a waiver of any of its r. nor shah a waiver on anyone occasion bar or waive any right or remedy on any subsequent occasion. No waiver or oonsentshall be binding unless it Is in writing and signed by the party against whom enforcement is sought. 27. Assignment LESSEE MAY NOT ASSIGN, SUBLEASE, TRANSFER OR DISPOSE OF ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THIS LEASE WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. LESSEE SHALL REMAIN PRIMARILY LIABLE ON THIS LEASE. LESSOR MAY ASSIGN THIS LEASE WITHOUT LESSEE'S CONSENT AND LESSEE ADMITS THAT SUCH ASSIGNMENT CONSTITUTES NO MATERIAL INCREASE IN LESSEE'S DUTIES OR RISK AND LESSEE SKALL NOT ASSERT AGANW THE ASSIGNEE ANY DEFENSE, COUNTER CLAIM OR SET OFF THAT LESSEE MAY HAVE AGAINST LESSOR LESSEE AGREES THAT ANY ASSIGNEE SHALL HAVE ALL LESSOR'S RIGHTS, PRMLEGES, AND REMEDIES WIETHER OR NOT EXPRESSLY ASSOCIATED IN THIS LEASE) AND MAY EXERCISE THEM EITHER IN ITS OWN NAME OR IN LESSORS 28. Chattel Paper. Lessor and LESSEE ACKNOWLEDGE THAT ONLY LESSOR'S ORIGINAL OF THIS LEASE CONSTITUTES CHATTEL PAPER FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE. No security Interest can be perfected by possession of any other counterpart 29. Amendments. LESSEE ACKNOWLEDGES THAT THIS LEASE CAN BE AMENDED OR MODIFIED ONLY IN WRITING. 30. Application of Par manta. Payments may be appfleed first to Lessors costs and expenses (includi without limitation collection costs and loss sufees ch as diarges, next to amounts nts )anted for Lessor as itareat, and ? 's under this Lease, next to drarges other Rent. a 31. Setoff. Lessor shah have the right to set off against the amounts owing under this Lease any property held In a deceit or other account with Lessor or any of Its aifllates or otherwise owing by Lessor or any of its affiliates in any capacity. Such set-off shall be deemed to have been exercised immediately at the time Lessor or such affiliates elect to do so. shall dekwW deposit the mail age 32. LeNotices. Notion ssor and Leases at tt a addowned dresses set forth upon n a rec any ? written noffoe to theUotl? parties. lessee irP rlrredi direcled yt shah notif Lessor and any Assignee as provided for herein of any change In the location of the Equipment or in Lessee's address, name, Phone or fax numbers, management, financial condition or form of organization. 33. Joint and Several. If more than one legal person is Lessee of the Equipment or Guarantor of the Lease, each shall be jointly, severally and primarily obligated tD pay all amounts which become due under this Lease. r1p 34. prior i Miscellaneous. as. THIS SHALL BE GOVERNED D INTERPRETED IN ACCORDANCE Wthe ITH ?THE and LAI? E and all YORK, INCLUDING WITHOUT LIMRATION UCC ARTICLES 2A AND 9 AS APPROPRIATE AND SHALL BE DEED AND EXECUTED AND PERFORMED IN THE STATE OF NEW YORK AS OF THE DATE OF THIS LEASE If any provision Is nevertheless determined tD be iuvaild by a court of Jurisdiction, the remaining provisions shall remain In aged. The in this Lease are for convenience only. Netter gender and singular cases shall be constr ued as appropriate to the pats. A copy of this leapt in the course of Lessor's business may be sooepted Le?or's origirel acrd rosy be accepted as best evidence in arty action Inv iV_ this Lase. 35. Business Purpose Statement. Lessee represents and warrants that the debt evidenced hereby arises out of a commercial obligation and an extension of credit for a commercial purpose. GUARANTY in oorrside?atioMbf LsA?sopr fx dII payme of the Equipment each Guarantor hereby unconditionally, Irrevocably and absolutely guarantees, olntly and severally, the prompt annt and performance when due, by acceleration or otherwise, of all Lessee's obligations under the from time to tune (the Lease', without offset or other deduction; consents, without notice, to all acts and omissions that would or might otherwise Impair or atFect this Guaranty or on which this Guaranty might be conditioned including without limitation attention or modification of the Lease, replacement or release of any of the Equomwrt, and exercise or delay in exercise or waiver of any right or remedy of Lessor, and agrees to pay on demand each cost and expense of Lessor In enforcing this Guaranty Includinii without limbbon attorneys' fees (krckWft Internal counsel's fees) and disbursements. This is a gtreranty of payment, not ooNediorn. Lessor need not exhaust he remedies against any other obligor or guarantor or resort to the Equipment before enforcing this Guaranty. Guarantor also waives presentment, demand for payment protest, and notice of dishonor, protest and non-payment. N any amount paid to Lessor under the Lease must be returned pursuant to any bankruptcy law, this Guaranty shah be automatically reinstated until all Lessee's obligations to Lessor have been paid in full. This Guaranty shall be governed by the intemal laws of the State of Now York Guarantor hereby consents to jurisdiction of any court of competent jurisdiction chosen by Lessor within the stale of New York ACKNOWLEDGMENT STATE OF COUNTY OF as On the day of in the year 20 _ , before me personally came to me known and known to me to be the person(s) described in and who executed the above instrurnent, and _, he (they jointly and sever) aclaw wledged to me that _ he (they) executed the same. WITNESS my hand and seal the day and year aforesaid. Notary Public My Commission Expires: STATE OF COUNTY OF as On the day of in the year 20 _, before me personally came to me known and known to me to be the person(s) described in and who executed the above instrument and ,_ he (they jointly and severally) acknowledged to me that _ he (they) executed the ewe. WITNESS my hand and seal the day and year aforesaid. STATE OF COUNTY OF On the Notary Public My Commission Expires: : 35 day of In the year 20 _, before me personally came to me known and known to me to be the person(s) described In and who executed the above instrument, and _ he (they jointly and severely) acknowledged to me that _ he (they) executed the serve. WITNESS my hand and seal the day and year aforesaid. STATE OF COUNTY OF Notary Public My Commission Expires: : as On the day of in the year 20 _, before me personally came to me known and known to me to be the person(s) described in and who executed the above Instmurnerrt, and _ he (they jointly and severely) acknowledged to me that _ he (they) executed the same. WITNESS my hand and seal the day and year aforesaid. FOR M&T CREDIT SERVICES, LLC USE ONLY Authorization Confimned: Notary Public My Commission Expires: Signature X&T ft Semices, LLC .N _: , 41 CERTIFICATE OF ACCEPTANCE For Equipment Lease Dated Lessor's Name: MST Credit Services, LLC Attn: Phil Casclano Address: 4926 Main Street, Amherst, NY 14226 Phone: 610-694-6848 Fax 610-69441849 Lessee's Name: Sink Partnership, Inc. Attn: Harrison Sink Address: 133 South 32nd St., Camp Hill, PA 17911 Phone: 717-737-0402 For. 717-737-0442 QTY. EQUIPMENT DEWJWT M (MANUFACTURER, MODEL No., SERIAL No., n'EM) SEE ATTACHED SCHEDULE "A" Initial Equipment Location (if dMarent from Lessees address above): Vendor Name/Address: Knoll, Inc. S POSG Commercial Interiors Lessee hereby certifies that as of this date the Equipment described above has been delivered to and accepted by Lessee after complete inspection and testing, is correctly described in the Lease (with the exception of serial numbers which if omitted now may be supplied by Lessee in the future by telephone and inserted in the description by Lessor or Assignee), is in good working order, and is satisfactory lo Lessee in all respects. Lessee reaffirms that Lessee's obligation to pay all amounts due and to become due and perform all other obligations under the Lease is absolute and that any recourse Lessee might have in case of any nonperformance, unsuitability or other failure of the Equipment shall lie with the manufacturer or vendor and in no case with Lessor or Assignee. Information Sharing Notification Consent Form Unless I check the box below, 1 authorize you to make available to your affiliates and others any and all of the inforrivMM, including any credit report, that you have obtained In connectlon with my application or may obtain in the future. I understand that I do not have to authorize the sharing of information about me to obtain credit. ? 1 do not authorize you to share information, other than information which you are permitted to share by law, with others. Date ?A LESSEE named above: •°'> • '•'•'•:•:°:°: By, Harrison F. Birk President ° ; • 7d?e°, • : • ` ° • • ° ° • (B Corporation, Preaiderlt or Vice President should sign and glve o" tide," ° • ° N Partnership, General Partner. If Umiled Liabilfty Company, Member) A " 4 n Equipment List for: Bink Partnership, Inc. 133 South 32°d St. Camp Hill, PA 17011 SCHEDULE W Furniture 1-54x24 Work Surface/1-87x24 Work Surface/ 1 Pencil Drawer/2-Floor Standing Pedestal/ 1Calibre Lateral FWlFlat Bracket for 24" Work Surface/ 2-Deask End Units/1 Intermediate End Umts/5 Calibre Lateral F&d5 side Letter Tray Double/ 5 Bus. Card Holder/ 5 Pencil Cup/ 9Work Surface Support/ 4 Series 2 Steel Front Display/ 1 Series 2 From Display/ 4 Series 2 Steel Front Displays/ 12 Full Depth Shelf 15 Self for Propeller Training Table/ 5 Orchestra Lad Bar/ 10 Stanchion for single Tablet 4 Propeller Privacy/ 5 Wire Mang. Through 32"/ 5 Wire Mang. Through 55"7 3 Monolithic Panel 64x24/ 4 Tiled Panel 6424/ 4 Tiled Panel 64x3611 Tiled Panel 64x42/ 3 end trim hook ship/ 2 Wall Starter/ 5 Ceiling Channel/l Caddy Clip/ 5 Beam Bracket/ 5 Beam Bracket for Stwking Module/ 14 Stabiliizer Brackets/ 1 Hockstrap Cover/ 5 Rolling Door Floor to Ceiling 79x36/ 5 Threshold for Rolling Door/ 4 Stackable 15x14 Window Pm W 4 SUckable 15x 36 Window Panels/ 1 Stackable 15lx?42 Window Panel/ 2 Wall Starters/ 4 Floor to Ceding Window Module 19 % x 24"/ 9 Floor to Ceiling Window Module 19 74 x 36 Type A/ 1 Floor to Ceiling Window Module 19 %. x 4212- Floor to Ceiling Straight line Open Office Exit/ 3-Floor to Ceiling t-Post 102 W"15 Work Surface Straight 66130"14-Worksurface Shaight 66W/6 Side Letter Tray/ 6 Bus. Card Holder/6 Pencil Cups/ 11 Work surface rein 60"./ 7 Wank surface rein 72"13 Series 2 Steel Single Door/ 3 Series 2 Steel Single Door/ 3 Series 2 Single Door Cab/ 3 Series 2 Single Door Cab 62x24"/ 3 Series 2 Single Door Cab 64x24118 Full Depth Shelf 24x22"/ 2 Fero Stool/ 4 Privacy Screen Clamps/ 6 Shelf for Propeller Training Table/6 Orchestra Load Bar for 30" Stanchion/ 12 Stanchion for single Table/ 4 Propeller Modesty and Privacy Screen 89x18"/ 6 Wire Mang. Trays32/ 6 Wire Mang. Trays 56"16 Wire Mang. Trays 96"2 Tiled Panel 64x24/ 2 Tiled Panels 64x24/ 8 Tiled Panels 64x36110 Panel hook up Strips/ 8 Wall Startarst 6 Ceding Channels/ 6 Beam Brackets/ 10 Beam Brackets fro Stacking Module/ 16 Stabilizer Brackets for A or C Window/ 2 Rolling Door Floor to Ceiling 79x36/ 2 Rolling Door Floor to Ceiling 79x3614 Threshold 9612 Stackable Window Panel I5x24/ 8 Stackable Window Panel 150618 Wall Starter 91Y 2 Floor to Ceiling Window Module 9x24"/ 14 Floor to Ceiling Window Module 9x36"/ 4 Floor to Coiling Straight Line 92"/ 2 Floor to Ceiling Straight Line 9r/ 2 Floor to Ceiling V Post/ 1 Panel Door 36"11 Panel Door 36"7 2 Worksurface Straight 100x 30"t 4 Worksurface Straight 102x 30"/ 1 Worksurfaoe Straight 66x36"/ 1 Wwksurface P-Top 69067 2 Wodmurface Curvilinear Wave 6000-3614 Warksmface Strei& 60x24/ 2 Worksurface Straight 66x24"/ 6 Wire Mang. Traya/ 6 Bud Vase/ 1 Series 2 Steel Front Di splayt 4 Seam 2 Steel Front Display 64x24 with lock/ 3 Frill Debth Shelf 24x22"/l Rectangular Replacement Leg Kit (2y 20 Rectangular Replaceuent Leg Kit (4y AoWjvd By LESSEE NAME: Bink Partnership, Inc. Lease Number: BY: Harrison F. Bink TITLE; President DATE: f . l l? h Bink Partnership, Inc. 133 South 32 ' St. Camp Hill, PA 17011 Attachment to Equipment Lease Dated Authorization To Pay Pursuant to, the above referenced Equipment Lease Agreement the Lessee, Bink Partnership, Inc. Hereby authorizes and directs the Lessor, M&T Credit Services, LLC to disburse Lease proceeds as follows: Checks Payable !MAIL VIA OVERNIGHT DELIVERY MAIL DIRECTLY TO: 1.) POSG Commercial Interiors 309 South le St. Lemoyne, PA 17043 Attention: Linda TO Phone: 717-763-4793 2.) Knoll, Inc. 1235 Water St. East Greenville, PA 18041 Attention: Erica Wheeler Phone: 215-679-1903 Lessee Name: Bink Partnership, Inc Lease Number: By: Harrison F. Bink ra ISO- Title: President Date: b I :S d E - 330 8001 JAPJ3HS H J 1 -:4 - R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor CQ0ty of (Cun1bprl ?d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant 0 r... 12/19/08v Johnson Imaging Systems, ln(, et. al. vs `r . Bink Partnership, Inc., t/d/b/a Biak :Z a F- y c-) N ?l Architectural Partnership --I W Writ No. 2008-3477 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 10, 2008, entered by Phillips Capital, Writ of Execution No. 2008-3477 Civil Term, Johnson Imaging Systems, Inc., et. al. -vs- Bink Partnership, Inc., t/d/b/a Bink Architectural Partnership. R. Thomas Kline, Sheriff, has determined that the claimant, Phillips Capital, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: homas in , By LA cc S. B. Kensinger, Atty for Pltff Bink Partnership, Inc., t/d/b/a Bink Architectural Partnership, Deft. Phillips Capital, Claimant <? _.n 46 PROPERTY CLAIM Johnson Imaging Systems Inc. VS Bink Architectural Partnership TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3477 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the value thereof are: LIST OF PROPERTY VALUE KIP 300 Plotter/Scanner $44,000 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Phillips Capital was the owner of the above plotter/scanner and leased the same to Bink Architectural Partnership by lease dated 2/19/2008 a true and correct copy of which is attached hereto. Date /6g State of Pennsylvania: County of Cumberland Claimant Phillips Capital Sa i n L com being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn an subscribed to before me This day of Claimant Phillips Capital Stephen L. Grose, Counsel for Phillips Capital CAMMUNWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY R. HOWELL, Notary pubAc Lemoyne Sm., Cumberland County Conaion Expires September 2, 2010 TP S:i 1' 12-10-the 15:31 FROM-KEEFER,WOOD,ALLEN_rsi_RANAL Dear cmom-r_ We've wrium this EgWpmmt Agreement is simple and ea-ty-to-rand hagwge becouse we went yoti to vadentmd its terms. P4=e rmd your Aga'eemeot eordufty, oed fed Exec to ask us say querd s you may Curve A= i'C 7178125805 T-302 P-002/003 F-857 Capital (Legal Name: Sink Architectural Partnership d/b/a: Sink Architectural Partnership 133 South 32nd Street Camp Hill I'A 17011-5199 Equipment Provided Model Description Serial # Model Description Serial # KIP 3000 KIP prirNcolorscanloopy-2 roll DIGPDF PDF Key SUP3ao010e,< Start Up Key Monthly Payment Minimum Quarterly Volume Invoicing' Advance Payments UNLIMITED Toner and/or Ink "I ? ? ?°? ?" CO I I i 0c O per Monthly In advance Last Payment No Charge Customer ftesponalble Recording Fee Delivery Installation Initial Network Connection for All Invoices for Previous Agreement through billing period: No %'oharge No Charge No Charge No Charge 19-Feb-08 Taxable: Q Technology Consultant: Sales Manager, Tax Exemik Geraldine Brennan Ride Gohn Terms: LA The term of this agreement shall start on11912008 for 48 months. Phillips Upgrsde/Downgrade Provision: After Incepdon of the Agreement and upon your request, Phillips may review your copy volume and propose options for upgrading or downgrading to accommodate your needs. Special Instructions; Authorization - Authorized Signer the person signing Overages read quarterly @ . this agreement on behalf of the customer (as indicated New Agreement terminates R 3539 above) specifically represents that they have the authority to A o d Tia-her L_,/ Date uth a Signer P 'nt id Name Title End of Term Options; Upgrade to a new program or 9 ?,? return equipment I hard A 8eittsl - Phillips Capita) Date - President v 9.01 12=10- 908 15:31 FROM-KEEFERA00D,ALLEN_8t_RAHAL 7176125805 T-302 P.003/003 F-857 t. mm Apramnru between yes mom mid aul ndYdi? i Incepmzlm by m1waae any saneduMa, purchase orders r atmr hdemuil., ,!(Twimedtnal'1 rawnxlmrmfter slpnad by you and us, v hkn refer m l.s greadleHL EmM Schedule sholl to sub(ad to all of Ina roprlemudona. wurenents, tames and tmmdlaY of WM agmmmrL y Omer )a any cmft behmen the represent mime, aevem". lames and condllam of ft Agreement and Any 9eneduM, date Apaman! shal govarn. N any pMVM M of Ind Agreement is declared ursdaMe" The opar provisions of Ahm and OLIR refer to lapillim OWN . Cat pen P ?? Coat per Nnl (CPP) or Coat per WOUSot (CPQ al mW to The one m"e on A ti p V2 X 144 1 slum of paper. or ordahand any ~a or aubatdlary IhereaL Con per Copy CPC) 2. A611 : v anal rent end and you IMI rant flare us Wed oon?TDe parties ages ale In" Is a'Ilnenaft 60ea as dW term b dofnod In Aldo PA or Ire Unllam mmiardol Code, vddatni aceoraltli g to m t 0%it Agwaront plus any eppiaebts tamer mum: makes the aDymant abige110n unean0ltionel. 8, TERM AND RIDIT. 11e Mist mom sat larch daces mee dormmnoe on the day to eery of the Eyuipmatt Is delvered to you ('he Commencement Dow). Rant payr" mu thek be payable In Adugneo. at No no and In the mmou is povided above. coMMMON an Me Gan onamnaM Dew and itbseguaK payrroras aide be due am IM Harm data of each suQaeslva pried IMersah.r um aft roe ant, any addekahak rent or ehpanaes daefgeabM tither Ilea Agmamont anal have been paid In full. MM Agreemem vM 0e ohdended sutmotical f far an marmlonal tent M" yet sand ue wefken rgld: you do tat went b mmew at lama luny (801 days before ha end of any lean a. ADVANC90 RENT: The advanced rant Is due and payable at t fi lee you Alpo Oft AomenemL The Advmcod rant Is Poreharesi baatng and Y 10 saaae yen pafermaree undor tom Asmarnam Any advanced rant eery be applied by is m mdtly air/ NWA awed W boil, In width mm you wE pro nmmhf rmtore do advamed rent to to Mg mtmAtt is set forth above. N as mr4waa of h- Agreement ad, =npled vAh and provided you have M over boon In debut of Ins A ramnnt the advanced rent wo be reaming to yaw after you nature tins 6rylpermnt in all. S. BILLING 0•a bill % again The Phi lps &m. wA bill yaw All 6wptnentud be bled akm with any a%scabls copy vmuni fGPO blimp dt61g he poled You ma pay Ttu PrAk a Gmup the taMng upon kw. lam melpt I MY PEPI R Is made we then Ian (11)) days had. you wA pay a penalty of 10% of peyinan or SBSAti. whtabeyr is greeter. on he peat due WMA YOU wry pry Soo Far sect check but is manmd for kmdkWd (W1da or for any Older roman. A. mAvT9"4CE. AND SUPPLIES: The chmim ambished by hM Agreement Nakids p*=W for ft we of pea EWbmmt and ==maim, ndalNenlae (dwM normal buoi ama hours} nspeem, ai snr.nt. pate mpllpOmwt. drums and dmang umte(AI mgdmd forma proper opmam. as won inks, tmor and dovaspor. Yau nlua eepAMtaiyptdnw p IW prdauaa (paper a mMMr.-I Scales and vmm tonr oalecmr boali a. At our 6ec I r, k aw%mm and supply mBy be praMdad oy a pdrd pony =Wchd by m, ohmM aesvme Add euppMA be requin d culalde our aubmmod deahrlenfiGdes. In otal nag to car Sw as RdWom Gpne*n nd -applier laponhblo• I, detlrwl a mnytWn a sym en M unsold Io pr0aws a "Ibis document it Is understood due you will pn"Ide bale usr meintmw= m,d Icubm ehttogng Vim as, mbkaoo remove, ww and paprraplwrlarrm old. 7.GOLD Lb'VEo. PROFESSIONAL SERVICE SUPPORT1. Al co me ad oyatam (pnfng, a=v* g, kAmg, dapynp) will bEade 19 do" of AtaopOrt for the (01owing saovkaw Installation of software And a we Nvam on eltmr the dbmfa serve or on tee nth kkW wddolmhom in s poanla-mo r awlamnenL We VA bow Audh Adbvam Bnd dikNm duryW Are MW Installation on up to no" (2D) wwm; omm per aomattsd uyaae a no adaaegt atwge. ,tippet tQ N*Awt Ad minimpator oe h"" PPWI BaMWare to Sawn I Notmork / InabvO for m an Wobbmad a0 m and mKltprA m cf Patter 1 Se1hwe 1 SUAWrt for v anning I SNARPomk or Pepe Scope rcamdrq Why mAo for up Is 5 wrdlkaMftm parete nscmd dv4m I Eslableh dmta am %%M A I p raw I Tadmiol plaaw support l Supply Pam cabin I Nadvak Surge pletsuar. Gam wneAuleb.m in Adam of 2D or Mm mNwalk IN-AM WrMdsd by w A be kmlred at a raw of S12s.00 per hot The mtrMM bllaOM ampunf is SVLW 114 Imm4 In an effort m acaaMladae ; ttsloertwa WDb a bw donee bow, we'twwm W you .dw anITreel a mhm avabb6 on4b a uhg auf hWal ' m -1-.tt We we pa,lde mocur es Wirt dAwas L me n(ol butelAm) nova say ter AMINO Inulfassimno by yar frstaa. Obe 004W 444 pemlerminas aommiltamem apples to your nolemok operating spasm decidap arwhvarmnt. appaestim eahware utd arghimmmau nnclaft at the Sms of WN ka middian Ad ON11 ProfesleW support Services may be acqubed al a descounted ram by nvasing In one of OUr PLATWl1M Wet auppat Options. IL TITLE; We .are toe owner of IN EGAMANM and dalag Ina lomgrn at our agnammud you shell Iasep he Egdlpnan Ire. And dear of ale d W= and lnm. We do not have ¦le to any $Mesre e0wefad by a Apr-mad ('Sclevam•) Ana Vie are pmt rhnspremnble for sit Satfeyw ar the eblgmlone aver- by eAler yea or the Iktenar umer any Umem Agmwmnt for ate Sdtvaca. 2. beLNERY MD ACCEPTANCE- You" accept the 4"and when M AM. Upon 4*Wa y, you OEM tropad:t gn FAvip mm You 00 be downed to have accepted the Gqulparnt when yap sign 0* epramem a add-on ngrawnee(s)• ? +d 111, WARRANT M. AN weRarrdm made by wpp(kare to us em Marshy NWOnsd 19 yea. We ill" dap wWranga, alglef elrpreeeeat er IMPDed, am Is Buy Amur whetwvwr, Mdadkng, Wm wt dmltauas, the mrdlow at ate Lequlpmsot. Ile aemlvanu v orrahae IN Amy wtiffidar Purpose, ar Aar many pedant r wmt defiers In mBYNal, worwameakp or ovolmolse, mat ne sum defeat Or 61111111100 Un l=ea of do Ngdpnehsmu Shill In any wry dfaatymr moaodltienlal abilgatlen to maned rrldal and color pwimene separating to =ate vV%NwnL We eMeg not be rvapuub% far sty Awe, Ownmpa, PwtieY, claim, mcdm, wdQ cost or expense wining Fat or related to your possession or am of the Equipment, Including Mduhut lical atan, any slalm alleging Iddent er detgf defaces wheamr or Pat discoverable by are or you. and any calm arising cart of safat Il Mlk r in tom 11. LOCATtold OF EQUIPMENT; Yea *4 keep and use Ana eq ipreem any in ymr address tiled atww. Yrri "Is eat to mows Ina EQAprnmt vebss we agree to It At Ina and of Me Agra mottos te,rN you war rmaan lm Equpmaet lad boom we ape ft at your asparm, and In full working atarond In rawwm a repair. 12. LO59 OR 11AIRAGB: You are responsible, for bra ntak of lass from nokumon or damage to the Equipment. No such I®r donegs mbvas you Ism ghe thsymeM tlbllgaieeB manta tits Agreanwm Ym shed prompiy no* m In wdeng at any Leas or denmge. You wail be ampmeba to repair the &VIN nl in ealMfedery, working Order or pry Phmpe cap" No cast Iq replace the roquIpment 12. wSURAMLE: You agree to keep the Squ4m t; hely insured against bee with IN m Ides psyse in in anowt not bas than the idpleeaxtam seat unm Rm wasmant is Mm mused. You also agree to obtain gwwM public IBM IWnance arts enGuda us as an saaWnd MAIM on the PdW. 14. fspoWn'r You Brume kW* for and ague to ndwnnly, defend And hold homeless m and so of aurmpsom otgdaa, afmc orR sepielpow Bprts, aeageea and a elm loan and aptleet any mi al NOW. here dommin. Penalties, Minn. aaalorm, suk dead And OPMU. nehift rent dale and reasonable Atbmsp' be. a" Yoeh or retitled to your possession arm taw L2.lal arm pmAded Emmmnw. feet k darrmkys not eadand b ream erdelnm aArkq adreetiy tam aDlpertt ILSteledon a etehnetomes of em GOtDsotu by ua 18. TAXES Al.D Mile: You agree to pay when due all have; knpa mod now or In the ituro (ncinming parzord pgmry ms) tabling to Ihs ograwn we or dam lk penant t you fall b pay Paso tam, Y c tray x our option pay time imam for you. You van than by ablip q is repay ai krmm ram Pits nmract dmnged at the highest vale ohawad by law. 1a ASSIGNmt n YOU S ALL NOT SELL, ASSIGN. TRANSFER OR SUBLEASSTNE EWIPt16NTOR ANY R)GNTS UNDER TPHS AGREEMENT. We may eselpt aver dgnla end nlerests umr hM Age NwIL d we BONO' any 01 air rlgltls ter nm asm under tidr Armorer, the new m~mAl have are Imhe tWo And benefm dart we trva new and vAl not hew to oararm my of out awWwns The dgMs of bm new vworwil tat be suk4a to sty liana, dNenea rel-0ds hat you may have apnea tar. 17. DEPAULT AND RBMBOIlS: tf yet do ant pry illy namal Payment r allw rum arc tout" des ryou Waco any pradden In the Apaemant or any adwe a8reenent with &a. you war as in ddmlL You wa am be In dafml f you cove daft buskma as a gong mncam, r Va paldom'ls filed by yap r ebdrot you under the llmkruptoy Ac, rifa as fiver I: eppdrded far year ryosr preteAny, Or It Ian smnuenL h at d eraraotnprey, tnacmw Yaabete, mekA An daepntaso forgo benaa of your aedlmra, or t you (wlnvA our prbr eamemi attempt to remove, are, Ira/r, ercunbr. Alert rperr vah the aaubnmrlL If you do not Por rent wawn Ana or N you heck any promises to pie Isms, you war be In defaatt, IF y0Y OahuR w.e tar fe0lNfe tier you Pay tine remaking bear m of Mid Leese and return do mApr nt to ors. We can vise tie wy ~ mmeolds avallige to us under ttm Ungwm Ganuawdel Ceder any other lees. own refsr die Lam ban aAomey (r oolim . you dome In pry our remoonabb aaomel/a fees and aaml map, kmludng cur rovi rate beery deposition or muq paeseai il. It we hays In male, ponalam of gee equipment, you apaa to pay hit cost of mpomeesfoa Under no cimumeanee: (Including a default by us) shat we be liable for any Indirect, cons-Wengel, Incldantal, &pedal, or punitive damages arising cut of or In wry way related no the ass of the Equipment I& GgmrgM*JG LAW: IM Agreemmnt anal be 10wWW d by all danshuoa undraa laws of tine Cmemarwmmh of Pennsylvania. ohrcepl IM a0nflkt d nws Yau agora to peonmat y dsdielMn In PwnroylwNe -end nit venue of any claim under hie Apmeesat Is proper In the Coon of Carmnon Island, of Daq*dn Canty or em LWmd Smaes Dbvkt Court for he I.Addk Otadct d Pwmasyljw*L V this AgmemeM Is 2264na4 You tome gut Any dispute ifMkig uldsr or taldlaa b Brit Agemmm t wB be m*x8m cat n Ina faeardl r stem aetrrt wtwv Ina r?egLta'a twnpetata hsBCqualeo h mooned ono wet be gavwned by she 4w of ummum. Yau wow )cry trial b any mtbn between gA, it. Elf= AUARMERr: This Atreenwtt eaniskm he and a man gwout tatween you and w and no mo>dficalbns of die Agreement abed be eNeallm owns kt wwfing anti algned ty vu "Mies. Ye.M 1--f F11 ED-,-DFFIOF ;ri-<r?tit GARY OF THF F"-'- 2009 SrE' 21 PH 1: 41 cuf U Nom. ? ?LJfidJi?rr? ?i! ' _ R. Thomas being duly sworn Kline, Sheriff, who according to law, states this writ is returned ADANDONDED. No action ha been taken in the last six months. Sheriff's Cost s: Docketing $18.00 ?'?.. Surcharge 20.00 Mileage 28.50 Levy 20.00 PRothonotary 2.00 Postage .84 Advertising 10.00 Postpone Sale 15.00 Law Library .50 Poundage 2.30 ? ??a.??49 ?, $117.14 So Answers: -'36- vo --0 R Thomas Kline, Sheriff BY _ f Ser eant 80 `01 V L i AON 8001 a X , ?- t 7,;? 08d -7 36F13 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3477 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHNSON IMAGING SYSTEMS, INC., T/DB/A JOHNSON IMAGING, Plaintiff (s) From BINK PARTNERSHIP, INC. T/DB/A BINK ARCHITECTURAL PARTNERSHIP, 1333 SOUTH 32ND STREET, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL BINK PARTNERSHIP, INC'S BUSINESS PROPERTY LOCATED AT 1333 SOUTH 32ND STREET, CAMP HILL, PA 17011. (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 $14,169.17 L.L. $.50 Interest FROM 5/1/08 (CONTINUING TO ACCRUE UNTIL COLLECTION) Atty's Comm % $1,196.50 (CONTINUING TO ACCRUE UNTIL C' MCTIQN) l ue*4Y $2 Atty Paid $119.00 Other Costs $366.50 Plaintiff Paid Date: NOVEMBER 13, 2008 (Seal) REQUESTING PARTY: Name S. BAKER KENSINGER, ESQUIRE Address: 320 MARKET STREET HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-2344161 Supreme Court ID No. 208305 Deputy