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HomeMy WebLinkAbout09-7433SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW No. O 9- 7y 33 ' - f '7;:- CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is contained in the Lease and which is attached to the Complaint filed in this action, I appear for the Plaintiff, and confess judgment in favor of the Plaintiff and against the Defendant JOHN R. MULLEN FDBA MULBIL TRUCKING as follows: Principal Balance as of 10/27/09 $7,951.00 (Plus post judgment interest) rian C. Engelhardt, Esquire Attorney for Defendant SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW CONFESSION OF JUDGMENT No. o q- 7 y 33 Cu,,.r;! 7 COMPLAINT FOR CONFESSION OF JUDGMENT 1. Plaintiff is Susquehanna Commercial Finance, Inc., a corporation in good standing under the Laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1566 Medical Drive, Suite 201, Pottstown, PA 19464 2. Defendant, John R. Mullen, fdba Mu1Bil Trucking is an adult individual residing at 10 Bloserville Road, Carlisle, PA 17013. 3. On or about June 14, 2004 Defendant, as lessee, executed an Equipment Lease with Plaintiff, as lessor, as amended by Addendum thereto (said Equipment Lease and Addendum being collectively referred to herein as the "Lease"), with the equipment subject of the Lease being a 1999 Volvo Truck ("Equipment") with a true and correct copy of the Lease being attached hereto and made a part hereof, marked Exhibit "A". 4. In accordance with the terms of the Lease as amended by the Addendum, Defendant, among other obligations thereunder, was to make 42 monthly payments of $390.87 each on account of the Lease, commencing on May 2, 2008. 5. Defendant defaulted under the Lease by failing to make the payment due May 2, 2008, and as a result of that default, Plaintiff repossessed the Equipment. 6. At the time of the repossession, 42 monthly payments of $390.87 each were due to Plaintiff for a total gross balance due being the sum of $16,416.54. 7. Plaintiff caused the Equipment to be sold for a total sum of $6,370.00, with the total gross deficiency due being the sum of $10,046.54, which reduced to present value as of the date hereof in accordance with the terms of the Lease and under law is, as of the date hereof, the sum of $7,951.00. 7. Although demanded, Defendant has failed to pay the $7,951.00 deficiency which is currently due under the Lease. 8. The Lease has not been assigned. 9. No prior judgment has been entered on the Lease. 10. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. Plaintiff is authorized and empowered to confess judgment against the Defendant under the Lease which provides at Paragraph 20, that upon the occurrence of an event of a default, Plaintiff is authorized to confess judgment against Defendant. 12. Based upon the foregoing, as of October 27, 2009, Defendant is liable to Plaintiff in the following amount of $7,951.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the total amount of $7,951.00 as authorized by the warrant appearing in the attached instruments and post judgment interest. Dated: October 27, 2009 Respectfully submitted, ATTORNEY FOR PLAINTIFF By: 4L ' Brian C. Engelhardt, Esquire 1566 Medical Drive, Suite 201 / Pottstown, PA 19464 800-786-0004 Ext 136 Fax 610-819-0136 brian.enaelhardtnsusauehanna.net 4t.)-3-2011 .03/26/2008 10:03 FAX 7172434254 OFFICEKAX QD002 ADDENDUM TO EQUIPMENT LEASE AGREEMENT (CORRECTION FORM) Lemon. S?- A C0MSF C" FDMNCE. INC. Y.Oasee; JOHN R. M ILLEN DBA MUTA L MV9WQ Reference No. 24265001 Equipment. I -120 Y=O n ACTOR.jjMZ QE=6 Tina Addendum to Equipment Lease Agreement ("Addendum") stall amend the Equipment Lease Agreement by and between the above Lessor C'Lessor") and the above Lessee ("Lessee'l with reference to the above lam tmasaetion C'Lease'j. All tears and conditions of the Lease not inconsistent with this Addendum shall be and remain in full force turd effect. 'Lessee hereby authorized Lessor to correct the: ® Payment Amounts ® Terms The lease and all other documents given in conjunction therewith shall now read: Effective 5AY21o8 the lease is restructured to reflect the following payment schedule: TERM AND PAYIvUNT AMOUNT. 42 MONTHS AT A MON I[LY PAY 7 OF $390.87 STARnNO WITH THE 5/02/08 PAYMENT Ttds Addendum to Equipment Lcom Agrataaent shall be binftg and effective when accepted by an officer of Lessor at its home office in Pottstown, Montgomery County, Pennsylvania, shall, be deemed to Bove been made in Pennsylvania and, except for local fling raquiretueats, shall be governed by and construed is accordmw with the laws of the Commonwealth of rcunsAvauia. Law laaowingly and voluntarily conocnu and submits to the jurisdiction of the Montgomery County, Pennsylvania Court of Common Pleas and the tinned SUM District Court for the BOWn Di:ttriat of Pennsylvania for purposes of adjudicating the rigbm sad liabilities of tea parses pursuant to the Addw dum to Equipment Lease Agreement. Lent also lawwirtgly and vaknnu4y waives the right to trial by jury In any matter orprocoedinS brought undcr his Addendum to Equipawat Lease Agreement. The parties iatand and agree that a carbon copy, photocopy, or facsimile of this document with their signature thereon shall be treated as an original, and shall be deemed to be as binding, valid, gaauine, and authentic as an original-signature document and writing for all purposes, inchrding all matters of evidence and die "best evidence" roles. IN WITNESS WHEREOF, the patties heroW have to sot their bands and seals to this Addendum and acknowledge receipt of a true copy hereof on the date(e) indicated below, J WN et 01U,1 jeJ Zw11'- Witness; LESSEE: jQHN R. MULLEN DBA MULBIL TRUCKING t ?? j/??, ?Yt J?? (Print name of company) (Signature) ACCEPTED BY LESSOR: (Print name) (Tltle)O ( (Date) .r EQUIPMENT LEASE Raiot Commercial Leasing Patriot Commercial Leasing 1566 Medical Drive TEL: (610) 705-4999 FAX: (610) 705-4088 Pottstown, PA 19464 (800) 786-0004 (800) 7860023 Lease No. LESSEE TYPE OR PRINT VENDOR TYPE OR PRINT D Nam.) T R• ( ??Ly??)a A ('r u-16.1 K Name Truck Discount Mart Inc. Con ct 1'Rt?lter. Telephone Salespe n T le honek r?? 7? -6900 Bitting Addre cg", 11 e. Address 26 Truck Tech Way City / State / Zi q rl'? r?E' P? 1"13 City / State / Zip Shi P 17257 TERMS AND CONDITIONS - PLEAS E READ CAREFULLY BEFORE SIGNING Va\V,f V1,4L!gl-?,n? 4Vc'I''7t. E ,ATION Complete only if dquipment will not be loca Address City Stato County SCHEDULE OF RENTAL PAYMENTS Tenn of Total Number of AMO UNT OF EACH PAYMENT FIRST PAY ENT AMOUNT Lease (In months) Rental Payments Rent Sales Tax Total First Period Paylpent + Last PMT(s) = Tg I P?YSnggI End. ; $11 a. 35 + $ RA2-3-S e 7it b d`f 79 $ $ $ PAYMENT FREQUENCY ?, GJ 6d $ 81 a• 3 $ _ $ ?S ?? . 3 Monthly ? Quarterly Semi-annual Other 1. NON-CANCELABLE LEASE. The lessor named below ('Lessor'). hereby unconditionally leases to Lessee and Lessee hereby unconditionally leases from Lessor the equipment described above ("Equipment") upon the terms and Conditions sal forth in this Equipment Lease Agreement ("Lease"). The term "Lessee" shall include ail Lessees who have signed this Lease, each and all of whom shall be jointly and severally liable. This Lease cannot be cancelled or terminated except as expressly provided herein. Lessee authorized lessor to correct obvious errors within lease and to insert the lease number, serial numbers and other data identifying the equipment and other missing terms following lessee's execution of lease. 2. TERM, RENT AND SECURITY DEPOSIT. The Security Deposit is due and payable at the time Lessee signs this Lease. The lessor may apply any advance payments as a security deposit. The security deposit may be applied at the and of the lease to satisfy any outstanding late charges or miscellaneous fees. Lessee shall pay Lessor rent for the use of the Equipment, at such place as Lessor may designate. The aggregate rent over the Lease Term shall equal the Total Number of Rental Payments multiplied by the Amount of Each Payment plus applicable salesiuse taxes. The lessor may charge a partial or interim rental payment for the time between the date funded and the date the first regular payment is due. The due date of the first Rental Payment is the date upon which the Equipment is delivered to and accepted by Lessee, or any later date designated by Lessor. Lessee agrees that Lessee's obligation to pay all rent and perform all other obligations under this Lease shall be absolute, Irrevocable, unconditional, and independent and shall be paid and performed wilhoul abatement, deduction, or offset of any kind or nature whatsoever. Advance rentals and security deposits are not refundable if Lease does not commence for any reason. 3. CHOICE OF EQUIPMENT. This is a "finance lease" as defined in Article 2(A) of the Uniform Commercial Code. Lessee has chosen the manufacturer and type of Equipment listed above and the Equipment Is of the type, design and manufacturer designated by Lessee and is suitable for Lessee's purposes. Lessor has acquired or will acquire the Equipment in connection with this Lease, Lessee acknowledges either (a) the Lessee has reviewed and approved any written purchase order, supply contract or purchase agreement ("Supply Contract"), covering the Equipment purchased from the vendor or caller thereof ("Vendor') for lease to Lessee; or (b) that Lessor has informed or advised Lessee, in writing, either previously or by this Lease of the following: (i) the identity of the Vendor; (ii) that the Lessee may have rights under the Supply Contract; and (Iii) that the Lessee may contact the Vendor for a description of such rights that Lessee may have under the Supply Contract. Lessor shall not be liable for damages for any reason, for any act or omission of the Vendor. If within thirty (30) days from the data Lessee or Lessor orders the Equipment, the same has not been delivored, installed and accepted by the Lessee in form satisfactory to Lessor, Lessor may upon 'notice terminate the Lease and its obligations to Lessee. Lessee shall accept the Equipment in accordance with the terms of the Supply Contract, and hereby authorizes Lessor to add to the Lease and/or any financing statement, the serial number of each item of Equipment so delivered. Lessor shall not be liable for any terms or conditions of Lessee's purchase order except for tho payment of the actual cost to the Vendor once Lessen has accepted the Equipment under this Lease and executed all documentation required by Lessor. Lessor agrees, to the extent they are assignable, to assign to Lessee, without recourse to Lessor, any warranties provided to Lessor with respect to the Equipment. Upon delivery of the equipment, Lessee shall inspect the Equipment and, if acceptable, shall sign a Certificate of Acceptance in the form provided by Lessor. ONCE THE CERTIFICATE OF ACCEPTANCE HAS BEEN SIGNED BY THE LESSEE, THIS LEASE SHALL BE NON-CANCELABLE FOR THE FULL LEASE TERM. If Lessee cancels this Lease after signing this Lease but prior to delivery of the Equipment, or if Lessee refuses to sign the CW..ificate of Acceptance aver the Equipment has been delivered to Lessee, Lessee agrees to indemnify and hold hamsess Lessor from any claims or losses, including court costs and attorneys fees, arising out of Lessor's purchase of the Equipment at Lessae s.request. 4. ACCEPTANCE OF LEASE. LESSEE ACKNOWLEDGES THAT LESSOR SHALL NOT BECOME CONTRACTUALLY BOUND BY THIS LEASE UNTIL IT 13 ACCEPTED BY LESSOR. Lessor has no connection whatsoever with the Vendor, and no representation as to the Equipment or any other matter by the Vendor shall relieve Lessee of any obligation under this Lease. 5. DISCLAIMER OF WARRANTIES. Lessee acknowledges that Lessor is not the manufacturer of the Equipment, nor the manufacturers or Vendor's agent. Nor is the Vendor an agent of Lessor. Lessee has selected the Equipment based upon Lessee's own judgment. Less" disclaims any reliance upon any statements or representations made by Lessor and acknowledges that representations made by Vendor, unless specifically contained in this Lease, shall not be binding upon Lessor, LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUITABILITY, MATERIALS, DURABILITY, DESIGN, WORKMANSHIP, OPERATION OR CONDITION OF THE EQUIPMENT OR ANY PART THEREOF, ITS MERCHANTABILITY, FITNESS FOR USE FOR THE PARTICULAR PURPOSES AND USES OF LESSEE, OR OF LESSOR'S TITLE TO THE EQUIPMENT, OR OTHERWISE. Lessor shall not be liable to Less" for any lose, damage or expense of any kind or nature caused directly or indirectly by the Equipment or for any damages based on strict or absolute tort liability or Lessor's or Vendors negligence, or due to the repaU, service or adjustment of the Equipment, or by any delay or failure to provide arty maintenance, repair, service or adjustment, or by an interruption of service, or for any loss of business however caused. NO DEFECT OR UNFITNESS OF THE EQUIPMENT OR THE FACT THAT THE EQUIPMENT SHALL NOT OPERATE OR THAT IT SHALL OPERATE IMPROPERLY SHALL RELIEVE LESSEE OF ANY OBLIGATION UNDER THE LEASE. LESSEE UNDERSTANDS THE RISK THAT COMPUTER APPLICATIONS MAY NOT BE ABLE TO PROPERLY PERFORM DATE-SENSITIVE FUNCTIONS AFTER DECEMBER 31, 1999 AND LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE) WARRANTIES EXPRESSED OR IMPLIED, AS TO THE ABILITY Of THE EQUIPMENT UNDER LEASE TO PERFORM SAID FUNCTIONS. 5a. REPRESENTATION AND WARRANTIES OF LESSEE UNDER LARGE LEASES. Lessee has conducted a comprehensive review and assessment of the Lessee's computer applications and made inquiry of the Lessee's key suppliers, vendors and customers with respect to the "year 2000 problem" (that is, the risk that computer applications may not be able to property perform date- sensitive functions after December 31, 1999) and based on that review and inquiry, the Lessee does not believe the year 2000 problem will result in a material adverse change in the Lessee's business condition (financial or otherwise), operations, properties or prospects, or ability to perform the obligations of Lessee under this Lease. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS This LEASE IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ABOVE AND ON THE REVERSE SIDE, WHICH ARE MADE A PART HEREOF AND WHICH LE5SEE ACKNOWLEDGES HAVING READ. THIS LEASE IS NOT BANDING UNTIL ACCEPTED BY LESSOR. Lessee Name : At-, R. M41 I h :1-LOA nl(t.1 b; 1 - CA:+ Lessor: PAT T COMMERCIAL LEASING S6 ICAL DRIVE, POTTSTOWN. PA 19464 By: ( furs) Date By: r P, 0? (Signature) (Title) ate Signer Name: Tide: SURETY AGREEMENT In consideration for and to Induce Lessor to enter into the above Equipment Leans Agreement Surety waives notice of acceptance, presentment, demand, protest, notice of protest or ("Lease") with Lessee at the request or the undersigned (whether one or more persons), jointly notice of default and. consents that Holder may grant Lessee any extension or Indulgence and severally obligated and called CSuraty") in reliance upon thit $urely, Agreement, and under the Lease, anal may proceed dlrQptly,agaippt $y;ety without,am 2=, o against Intending to be* legally bound hereby, Surety agrees to be bound by the provisions of the Lessee or disposing of any security afforded Holder under the Lease, without In any way 1 ....r., ,.,kink ...11 k., r.:..A:_.. -- C....,.,......, -- ..A _.,m"n...kl:w....?.. _..J .,.......... - - -ff-1- -1-0. r,.,krr -4- .4.:_ .-- /, .,..,.,..,.,... A ............. -1-A k.6-- WMA.. 0. TITLE; PERSONAL PROPERTY. The Equipment is and shall remain the sole personal property of Lessor. NO right, title or interest In the Equipment shall pass to Lessee other then the right to maintain possession and use of the Equipment during and for the full Lease Term. 7. LOCATION; INSPECTION; LANDLORD'S WAIVER. Lessee shall obtain from airy, landlord(s) of the promises where the Equipment will be located a Landlord's Waiver, in form and content satisfactory to Lessor, prior to the delivery of the Equipment to such location. Lessee shall not move the Equipment from the location noted in this Lease without the prior written Consent of Lessor, Lessor, or any employee or agent of Lessor, shell have the right, at any reasonable time of times and without notice to Lessee, to enter upon the promises whom the Equipment is located for the purpose of confirming the existence, condition and proper maintenance of the Equipment, Lessor stall have the right to affix labels to the Equipment In a prominent place to Identify Lessor's ownership thereof. 8. USE, MAINTENANCE AND REPAIR. Lessee shall use the Equipment In the manner for which it was Intended, solely for Lessee's business purposes, in accordance with all applicable manuals and instructions end in compliance with all opptl able laws and regulations, and in conformity with the terms and conditions of any Insurance policy obtained thereon. Lessee, at Lause's own cost and expense, shall keep the Equipment In good repair, condition and working order, ordinary wear and tsar only excepted, and shell furnish ell parts, maintenance and servicing required. All replacement parts and repairs made to or placed upon the Equipment shall become the property of Lessor, Lessee may, with Lessor's prior written consent, make such modNlcations to the Equipment as Lessee may deem deslrabte In the conduct of its business; provided such modifkretions shall not diminish the value of utility of the Equipment, or cause the loss of any warranty or insurance thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor of Equipment as to Such modifications which have been made, Lessee stall remove the Same and restore the Equipment to Its original condition, reasonable wear and tear only being excepted, and If rat so removed, title thereto shall automatically vest In Lessor. 9. ENTIRE AGREEMENT. This Leese contains the anNn agreement and understanding between Lessee and Lessor. No amendment, modification or waiver of the provisions of this Lease shall be binding on the parties hereto unless set forth in writing and signed by the parties. 10. TAXES. Lessee stall pay directly, or to Lessor, as Lessor directs, all license and registration fees, Was and use taxes, and personal property taxes and charges, which during the Lease Term may be imposed by arty, governmental entity upon this Lease or the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, whether assessed to Lessor or Leases and whether due before, during or after termination of this Lease. All required personal property tax returns relating to the Equipment shall be filed by Lessor, unless otherwise agreed in writing, Lessor shell not be obligated to contest any valuation of or tax Imposed on the Equipment or this Leese, 11. INDEMNITY, Lessee assumes liability for and agrees to Indemnify, defend (if requested by Lessor) and keep harmless Lessor from and against any and all liabilities, leases, damages, penalties, claims, actions, suits, costs and expenses, Including court costs and Lessors attorney's fees, of whatever kind imposed on, Incurred by or asserted against Lessor in any way relating to the manufacture, selection, purchase, ownership, delivery, lease, possession, use. operation, condition, repair, storage, return or disposition of the Equipment, Including without limitation, any claim alleging latent or other defechs whether or noLdiscovereble by Lessor or Lessee, and any claim arising out of strict liability In tort. This Paragraph 11 shall survive expiration or termination of this Lease and repossession or return of the Equipment. 12, LOSS OR DAMAGE. Lessee hereby assumes end shall beer the entire flak of lose or destruction of or damage to the Equipment from any cause whatsoever, whether or not insured, until the Equipment is returned to Lessor, No such loss or damage shall relieve Lessee from any obligation under this Lease. In the event of damage to, loss or destruction of the Equipment, Lessee shell notify Lessor in writing of such fact and shall, at the option of Lessor, (a) place the Equipment In good condition and working order, (b) replace the Equipment with like equipment In good condition and working order and transfer clear title to such replacement equipment to Lessor, whereupon such equipment shell be subject to this Loon end be deemed the Equipment for purposes hereof; or (c) pay to Lessor the total of oil unpaid rents for the entire Lease Term plus the estimated fair market value of the Equipmant at the end of the originally scheduled Lease Taint, reduced to their present values by applying a discount rate of 1% above the than Current Discount Raft of the Federal Reserve Bank of Philadelphia ('Discount Rate"), whereupon INS Lease shall terminate. Any insurance proceeds received with respect to the Equipment shall be applied, in the event option (c) Is elected, in reduction of the then unpaid oblipstiolts of Lessee to Lessor, If not already paid by Lessee, or, in the event option (a) or (b) is elected, to reimburse Lessee for the costa of repairing, restoring or replacing the Equipment upon receipt by lessor of satisfactory evidence that such repair, restoration or replacement has property been completed. 13, INSURANCE, lessee shell keep the Equipment insured against theft and all risks of loss or damage from every cause whatsoever for not lees than the replacement cost of the Equipment and shall carry public liability Insurance, both personal Injury and property damage, covering the Equipment and its use, In minimum amounts of coverage; policy provisions and carriers acceptable to Lessor. Such insurance for theft, loss or damage shall name Lessor as Loss-Payee, and such liability insurance shah flame Lessee as Named Insured and Lessor as Additional Insured. Lessee shall pay the premiums therefor, be responsible for all deductible portions thereof, and Shell deliver to Lessor upon request evidence satisfactory to Lessor of such insurance coverage; however, Lessor shall be under no duty to ascertain the existence of or to examine such insurance policies or to advise Lessee in the event such insurance coverage shall not comply with the requirements thereof, The proceeds of such insurance payable as a result of loss or damage to the Equipment shall be applied as all out In Paragraph 12. Lessee Irrevocably appoints Lessor as Lessee's attorney-In-fact to make claim for, receive payment of, and execute and endorse all documents, checks or drafts in payment for loss or damage under ary said Insurance policies, 14, COLLECTION EXPENSES, INTEREST AND ADVANCES. Should Lessee fail to pay any part of a Rental Payment or any other sum required to be paid by Lessee to lessor hereunder within 5 days of the date such payment comes due, Lessee shall pay Lessor a late charge on such delinquent payment of 10% of the Rental Payment, but not less then $5,00, and the expanses of any collection agency, service or attorney employed by Lessor to collect said payments. AN advances made by Lessor to preserve the Equipment or to pay insurance premiums for insurance thereon or to discharge and pay any taxes, liens or encumbrances thereon shall be added to the unpaid balance of rentals due hereunder and shall be repayable by Lessee to Lessor together with interest thereon at the rate of 19% per annum until paid. 15. DEFAULT, Any of the following events or conditions shall constitute an event of default hereunder: (a) Lassoe's failure to pay any Rental Payment or other sum due Lessor or any affiliate of Lessor within ten (10) days after the duo date thereof; (b) Lessee's failure to observe or perform any otter tern, covenant or condition of this Lease or any other agreement with Lessor or any of hale of Lessor end such failure continues for twenty (20) days following written notice from Lessor, (c) a writ of allach rent or execution is levied upon the Equipment and Is not released or satisfied within ten (10) days: (d) the filing by or against Lessee of a petition under the Bankruptcy Cods or under any other Insolvency law providing for the relief of debtors; (e) the voluntary or involuntary making of an assignment of a substantial portion of its assets by Lessee for the benefit of creditors. the appointment of a receiver or trustee for Lessee or for Lessee's assets, the commencement of arty formal or informal proceeding for dissolution, liquidation, SoMenlant of claim* against or winding up of the affairs Of Lessee, or Lessee Ceases doing business as a going Concern; (I) there is a substantial change in the ownership, control of management of Lessee; (g) any representation, warranty or signature herein or made by Lessee or any Surety or Guarantor of Lessee's obligations in any document delivered to Lessor in connection with this Lease shell be fain or misleading in any material respect when made: (h) Lessee is in default under any other agreement with Lessor any offNiate of Lessor; (t) Lessee engages in any criminal conduct that Subjects the Equipment to seizure and/or confiscation by govemmental authorities; (j) Loam uses or permits use of the Equipment in a fashion not covered by the required insurance policies; (k) without the prior written consent of Lessor, Lessee attempts to remove, sell, transfer, encumber, pan with possession, or sublet any item of Equipment; or (1) Lessee shall suffer an adverse material change in Its financial condition from the date hereof and, as a result, Lessor deems Itself or any of its Equipment to be Insecure. 16. REMEDIES. Upon the occurrence of an event of default, Lessor may exercise, at its sole discretion, any or all of the following remedies, which remedies are cumulative and not alternative and may be exercised singly, together and on one or more occasions: (a) provide written notice to Lessee of the default, declare the entire balance of the unpaid rem for the full Lease term immediately due and payable, and sue for and recover as liquidated damages and not as a penalty all rent and any other payments then accrued or accelerated under this Lease; however, all accelerated rentals shall be discounted to present value at the we of 1% over the Discount Rate; (b) provide written notice to Lessee of the default and require that Lessee return the Equipment to Lessor as provided in Paragraph 18 hereof, and in the event Lessee falls to so return the Equipment, enter upon the premises peoceWly with or without legal process where the Equipment is located and repossess the Equipment free from all claims by Lessee and without liability for trespass or any damages. Such return or repossession of the Equipment shell not constitute a termination of this Lease unless Lessor expressly So notifies Lessee in writing. In the event the Equipment is returned or repossessed by Lessor and unless Lessor has termkusted this Leese, Lessor will sell or re-lease the Equipment to such persons and upon such terms as Lessor may reasonably determine, at one or Mans public or private sales and with or without notice to Lessee, and apply the net proceeds thereof after deducting the costs and expenses of such sale or ns-lease to Lessee's obligations hereunder with Lessee remaining liable for arty deficiency and with any excess being retained by Lessor.'(The proceeds of a rose of Equipment shall be the amount reasonably assigned by Lessor as the value of the Equipment In determining the rent under such ra4as". In the event of a sale, an amount equal to the present value of the estimated fair market value of the Equipment at the expiration of the originally Scheduled Lease Term (discounted at a rate of 1% over the Discourt bate) shall be deducted to arrive et the net proceeds of such sale); and/or (c) pursue any other remedy at law or In equity. Lessee agrees to pay Lessor all costs and expenses, Including court costs and attorneys fees, Insured by Lessor in exercising any of its rights or remedies. If this Leese is doomed at any time to be one intended as security, Lome agrees that the Equipment shall be secure, in addition to the indebtedness set forth herein, Indebtedness at any time owing by Lessee to Lessor or any affiliate of Lessor. 17. ASSIGNMENT. Without the prior written consent of Lessor, Lessee shall not sublet, lend, deliver, assign, or pledge this Leese, the Equipment or any Interest in hither, or permit any lien, charge or encumbrance thereon, Lessee will not abandon or relinquish possession of the Equipment to any party other than Lessor. In the went Lessee sells or assigns Substantially all Its assets without Lessor's prior consort, Lessee will be deemed to have automatically granted Lessor a lien on all the assets so sold or assigned. All rights of Lessor In the Equipment and under this Lease may be assigned, pledged, or otherwise disposed of, on one or more occasions, without notice to Lessee, but always subject to the rights of Losses under this Lease. In the evert of an assignment by Lessor, no breach or default by Lessor hereunder shall excuse performance by Lessee of any provision hereof, it being understood that in the event of such default or breach by Lessor that Lessee shall pursue any lights on account thereof Solely against Lessor and shall not assert against such assignee try tlNonse, counterclaim or set-off which Lessee may have against Lessor. If Less" Is given notice of any such assignment, Lessee agrees to acknowledge receipt thereof in writing and, N so directed thereln, to pay directly to such assignee all shams payable hereunder. Subject to the foregoing, this Lease insures to the benefit of and Is bindig upon the heirs, logat"a, personal reprossnhtlves, successors, and assigns of the parties hereto. 18. RETURN OF EQUIPMENT; APPLICATION AND RETURN OF SECURITY DEPOSIT. Upon expiration of the Lease Term or other termination, Loans shall Immediately return the Equipment In first-class condition, less ordinary wear and tear, to such place within the continental United Stites as Is designated by Lessor. The Equipment shell, at Lest"'s sole expense, be property crated and shipped, as designated by Lessor, freight prepaid and properly insured, Should Leases not return the Equipment at the end of the Lein Term, Lessee shall continue to pay rent to Lessor in the sum and on the due dates set out In INS Lease as a moMhdo-month lease term urd returned by Less". Should Lessee fall to return the Equipment upon demand by Lessor, Lessor may recover from Lessee the replacement value of the Equipment. Lessee shall, upon demand by Lessor, pay to Lessor all amounts expended by Lessor to bring the Equipment to first clan condition and repair, ordinary wear and tear only from provided use excepted. This obligation of Lessee shall survive the expiration or termination of this Lea", and the repossession or return of the Equipment. Lessor may apply Lessee's Security Deposit to any obbigetlon of Losses hereunder and will not return such Security Deposit, in whole or In part, until all obligations of Losses under this Loose have been paid and performed In full. Upon your purchase or return of the equipment, we may charge you a Inn termjnatlon fee of up to $260,00, 19, LESSOR'S PAYMENT: In the event Lessee falls to pay any, taxes due pursuant to Paragraph 10 hereof, or other amounts due hereunder, or to procure the insurance required pursuant to Paragraph 13 hereof, or to perform any of its obligations under this Lease, Lessor may, but without any obligation to do so, pay such amounts or perform such obligations. Lessee shell reimburse lessor, upon demand, the amount of such paymend or cost of such performance together with Interest thereon at the rate of 18% per annum and Lassoe's failure to do so shall be the same as failure to pay any Rental Payment hereunder. 20. CONFESSION OF JUDGEMENT. Where permitted by law. Lessee authorizes the Prothonotary, Clerk of Court, or any attorney of record of any state, upon the occurrence of an avert of default, to appear for and confess judgement against Lessee in favor of Lessor or Its assignee (I) for the full amount owed under this Lease, together with interest thereon and costs and expenses associated therewith, including without ]Imitation reasonable attorney's feet and (III against Lessee in any action for writ of replevin or possession of the equipment, for which this agreement shall be sufficient warrant, This right shall not be exhausted by one exercise hereof but shall continue until all amounts owed under this Lease, including all charges described herein, are paid in full. 21. NON-WAIVER; SEVERABILITY ACKNOWLEDGED BY LESSEE. TIME IS OF THE ESSENCE IN THIS LEASE. No waiver by Lessor of any broach or default shall constitute a waiver by Lessor of any additional or subsequent breach or default nor stall it be a waiver of any Lessor's right Any provision of this Lease which for any reason may be unenforceable in any jurisdiction shell, as to such jurisdiction, be Ineffective to the extent of such unenforceabibky without invalidating the remaining provisions of this Lease. Any such uneMorc"bility In any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. VERIFICATION Susquehanna Commercial Finance, Inc., by and through Matt Ortiz, who is its Senior Collection Representative, verifies that it is the Plaintiff in the within matter; that the attached Complaint in Confession of Judgment ("Complaint") is based upon information which it has furnished to its counsel and information which has been gathered by its counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of Plaintiff. The undersigned has read the Complaint and to the extent that it is based upon information, which it has given to its counsel, it is true and correct to the best of its knowledge, information and belief. To the extent that the content of the Complaint is that of counsel the undersigned has relied upon counsel in making this Verification. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: October 27, 2009 SUSQUEHANNA COMMERCIAL FINANCE, INC. Nam y. att Orti Title: Senior Collection Representative SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW No. CERTIFICATE OF ADDRESS TO THE PROTHONOTARY: I, Brian C. Engelhardt, Esquire, attorney for Plaintiff in the above-captioned proceeding, do hereby certify that the name and current address of each party's attorney of record or the name and current address of each unrepresented party are as follows: Plaintiff: Brian C. Engelhardt, Esquire Susquehanna Commercial Finance, Inc. 1566 Medical Drive Ste 201 Pottstown, PA 19464 Defendant: JOHN R. MULLEN FDBA MULBIL TRUCKING 10 Bloserville Road Carlisle, PA 17013 Dated: October 27, 2009 By: Bri an . E lhardt, Esquire Attorney for Plaintiff F THc Pt E ' ' TARY 2099 OCT 28 PM 1: 54 ni I SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW . No. AFFIDAVIT OF ANNUAL INCOME Before me, the undersigned authority, personally appeared Brian C. Engelhardt, Esquire, who being duly sworn according to law, doth depose and say that the Defendant's Annual Income is in excess of $10,000.00. Dated: October 27, 2009 ATTO Y FOR PLAINTIFF By: Brian C. Engelhardt, Esquire 1566 Medical Drive, Suite 201 Pottstown, PA 19464 800-786-0004 Ext 136 Fax 610-819-0136 brian.engelhardt@susquehanna.net The above affidavit is made subject to the penalties of 18 Pa. C.S.A. section 4904 relating to unsworn falsification to authorities. Dated: October 27, 2009 By: Brian C. LEnggel.Kdt, E re PLED 70 2G69 OCT 2$ PM t: 54 t?1rt G '.)UNTO"' SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW . No. PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY: Pursuant to Pa. R. C. P. 295 1 (a)(2)(ii), I certify that this Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. Dated: October 27, 2009 ATTORNBY FDR PL By: v Brian C. Engelhardt, Esq ' e 1566 Medical Drive, Suite 201 Pottstown, PA 19464 800-786-0004 Ext 136 Fax 610-819-0136 hardt@susquehanna.net brian.engelhardt@susquehanna.net The above affidavit is made subject to the penalties of 18 Pa. C.S.A. section 4904 relating to unsworn falsification to authorities. Dated: October 27, 2009 By: B6 RLED-,')?FICE CF TNc o ,DT?- 3C,E,1OiARY 2609 OCT 28 Fii 1: 54 SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW N 0. NON-MILITARY AFFIDAVIT Before me, the undersigned authority, personally appeared Brian C. Engelhardt, Esquire, who being duly sworn according to law, doth depose and say that the Defendant, JOHN R. MULLEN fdba MULBIL TRUCKING is not in the Military or Naval Service, based upon the foregoing facts as of the date of this affidavit: Age of Defendants: Present Place of Employment: Present Place of Residence: Sui Juris Unknown 10 Bloserville Road Carlisle, PA 17013 Attorney Plaintiff The above Affidavit is made subject to the penalties of 18 Pa. C.S.A. section 4904 relating to unsworn falsification to authorities. Dated: October 27, 2009 B Brian C. Enge dt, Esquire OF ?HE PROT! IDNOTARY 7009 OCT 28 PM 1: 5 4 rL?s 1P? ? t 1?SJh ti?,,'t V/ , ..1. SUSQUEHANNA COMMERCIAL FINANCE, INC. Plaintiff vs JOHN R. MULLEN fdba MULBIL TRUCKING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : No. NOTICE TO DEFENDANT PURSUANT TO 42 Pa. C.S. SECTION 2731.1 TO: JOHN R. MULLEN fdba MULBIL TRUCKING 10 BLOSERVILLE ROAD CARLISLE, PA 17013 Pursuant to 42 Pa.C.S.A. Section 2737. 1, the following instructions regarding the procedure to follow to strike the judgment in this matter is hereby provided: 1. The procedure to follow to strike a judgment by confession is set forth in Pa.R.C.P. 2959, which provides as follows: (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the country in which the judgment was originally entered, in any country to which the judgment has been transferred or in any other country in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process of rights of notice and hearing was not voluntary, intelligent any knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.19(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition, the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. 2. Under 42 Pa.C.S.A. Section 2737. 1, you are entitled to costs and reasonable attorney fees as determined by the court if you are incorrectly identified and had judgment entered against you. ATTORNEY FOR PLAINTIFF By, v Brian C. Enge ardt, Es ire 1566 Medical Drive, Suite 201 Pottstown, PA 19464 800-786-0004 Ext 136 Fax 610-819-0136 brian.engelhardtnsusquehanna.net OF TK p?-;??1? }TA€?Y 2pg9 OCT 28 PM ! ? 53 CLiiv a iIA;, a C. /'3a 0, a -?, F3 &. .2 31(, 84 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 TO: JOHN R. MULLEN fdba MULBIL TRUCKING 10 Bloserville Road Carlisle, PA 17013 You are notified that Susquehanna Commercial Finance, Inc., has caused a judgment by (X) Confession to be entered against JOHN R. MULLEN fdba MUL BIL TRUCKING with the Prothonotary of Cumberland County. The judgment was entered on October J.? 2009 to No. a ? - 7,1 33 with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $7,951.00, plus post judgment interest. Prothono By: Deputy Prothonotary