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Home My WebLink About04-3034 () ELLIOTT REIHNER & SIEDZIKOWSKI, P.c. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No.Oy- JD"3tt ~ SHREEJI, INC. 1070 Trindle Road Carlisle, PA 17013, and SHILPA PATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle,PA 17013, Garnishee. TO: SHREEJI, INC. 1070 Trindle Road Carlisle, P A 17013 SHILPAPATEL 5 Greenwich Drive Carlisle, P A 17013-4396 NOTICE Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a MONEY JUDGMENT has been entered against you in the above proceeding. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BRIAN R. ELIAS, Esquire, at this telephone number: (215) 977-1000. -,--~_.._'. '-"'-~-""-'--._-""'-'~-' . -""'~~,-- ...~ ELLIOTT RElHNER & SIEDZIKOWSKI, P.e. Brian R. Elias LD. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977-1000 FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 Attorneys for Plaintiff, Frontier Leasing Corporation COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. 0<./- 3034 r.lv-.I SHREEJI, INe. 1070 Trindle Road Carlisle, PAl 7013, and SHILP A PATEL 5 Greenwich Drive Carlisle, P A 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. /I'75uYr5 -1.0 INTERROGATORIES IN AID OF EXECUTION DIRECTED TO GARNISHEE To: COMMERCE BANK (Garnishee) You must file with the Court answers to the following interrogatories within twenty (20) days after service upon you. If you fail to file an answer to these interrogatOlies within twenty (20) days, judgment may be entered against you. A copy of said answers must be served on the undersigned. If vour answer to any of the foree:oine: interroe:atories is affirmative. specify the amount. value and/or nature of the subiect property. 1. At the time you were served with the Writ of Execution or these Interrogatories or at any subsequent time, did you owe any of the Defendants any money or were you liable to any of the Defendants on any negotiable or other written instrument, or did any of the Defendants claim that you owed any money or were liable to any of the Defendants for any reason? "'ot-J I ' I , Q I. n 1/ R:cLC /~A~p~. ~, 'Q~'--~L~,~_~ Q.-Q.0-u-CL1Ue. :::;3&,,'9. ~c;l{ I Cf b~Q.-e.....- dl ~q, q y~, '7 c; 2 2. At the time you were served with the Writ of Execution or these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by any of the Defendants? ~Lz-. Q..~LA_':-LA-'4D ,;:t)"1h ~'- ./ 3 3. At any time you were served with the Writ of Execution or these Interrogatories or any subsequent time, did you hold legal title to any property of any nature owned solely or in part by any of the Defendants or in which any of the Defendants held or claimed any interest? Lc.L ./ CGv'-...<L l.A-'-€....'--- Ii .~ 'i-u 1:)L-~L~L".~ 4 4. At the time you were served with the Writ of Execution or these Interrogatories or at any subsequent time, did you hold as a fiduciary any property in which any of the Defendants had an interest? ~\"'- 0 5 5. At any time before or after you were served with the Writ of Execution or these Interrogatories, did any of the Defendants transfer or deliver any property to you or to any person or place? ~cL(L.jL~ ()'ULd", cLC?<9~ clS:' "I\::t 0 -CL- QbvLL-<.... /\...9:)~ ~,,-c;L c,- c. CDLWct 'l,.lA--'-tk...L O1L.\"'o"'..c.L\ C'..-CLvL/)....l... r.~ G L . ~ I~__LL L! ,C,,-- VlOIL<.. ut--... LC,k...,L"Q..k L.l.X..,LJl- (LT- c~ ck~Lc:h~ ~,c.:v(l...\"-U..Ae...,_ 'fu".Jc. 6 6. At any time before or after you were served with the Writ of Execution or these Interrogatories, did any of the Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? NO 7 7. At the time you were served with the Writ of Execution or these Interrogatories or at any subsequent time, did you pay, transfer or deliver any money or property to the Defendants or to any person or place pursuant to the direction of any of the Defendants? NO 8 8. At the time you were served with the Writ of Execution or these Interrogatories or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by any of the Defendants? I::) ~ ClQ yOS LL \0C)L e\..L'Y\..~ Cl S~p<A.J~., PCL-LC( b,-\ 9 9. Identify every account, titled in the name of any of the Defendants in which any of the Defendants have or had an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. II , " ~~ O-AAJ;:H..-LJ...Q...~ "to ~~c'lh 6-1/'--' "'-. [J,c~ /~?::s~ l - ~ C; - OLf ELLIOTT RElHNER SIEDZIKOWSKI & SIEDZIKOWSKI, P.c. ~J gt{ B'RIAN R ELIAS Union Meeting Corporate Ctr V 925 Harve:st Drive, Suite 300 Blue Bell, P A 19422 (215) 977-1000 OF COUNSEL: Attorneys for Plaintiff Frontier Leasing Corporation June 7, 2004 10 () "--c:; '2?, ,~") -""" <-" C'.,~ .. cr' :3 :;,.-... ~ .-1 ~~ f 1.::\ 7(jo 1:5() ~:1~ tlq, 12\\ - ~ ~~ ELLIOTT REIHNER & SIEDZIKOWSKI, P.e. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. lJ'I- 303'f Ch.;J SHREEJI, INC. 1070 Trindle Road Carlisle, PA 17013, and SHILPAPATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against Defendants SHREEJI, INC. and SHILPA PATEL, individually, for seventeen thousand, five hundred twelve dollars and ninety-two cents ($17,512.92) based upon the certified copy of the judgment entered in District Court of the State of Iowa, attached hereto as Exhibit "A". OF COUNSEL: ELLIOTT REIHNER & SIEDZIKOWSKI, P.C. ~~ BRIAN R. ELIAS Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PAl 9402 (215) 977-1000 Attorneys for Plaintiff 2 , ._~ L Exhibit A STATE OF IOWA, POLK COUNTY, ss. I, Lois Leary, Clerk of the District Court of the State ofIowa, in and for said county, do hereby certify that the attached is a true and correct copy of: LA CL 94882 FRONTIER LEASING CORPORATION, PLAINTIFF VS SHREEJI INC and SHILPA PATEL, DEFENDANTS as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6 t h day of MAY ,Zili1.4_' ist~9 STATE OF IOWA, POLK COUNTY, 5S. I, MICHAEL D HUPPERT , Judge of the District Court of the State of Iowa, in and for the 5th Judicial District of said State, including the County of Polk do hereby certify that Lois Leary, who has given the preceding certificate, was at the time of so doing the Clerk of the District Court of the State of Iowa, in and for Polk County, in said District, duly qualified as such, that she is the keeper of the records of said Court, and the proper officer to give such certificate and that the same is in due form of law. Given under my hand this 6th day of MAY \. STATE OF IOWA, POLK COUNTY, ss. I, Lois Leary, Clerk of the District Court of the State of Iowa, in and for said county, do hereby certify that the Honorable MICHAEL HUPPER'Who has given the preceding certificate, was at the time of so doing, one of the Judges of the District Court of the 5th Judicial District of the State of Iowa, duly commissioned and sworn, to all whose official acts as such, full faith and credit are and ought be given. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6th day of MAY , 2004 H:\rous77\docs\STATE OF lOW A (double header).doc ~-/ ~~ C-4~ctv " IN THE IOWA DISTRICT COURT FOR POLK COUNTY FRONTIER LEASING CORPORATION, ) ) Plaintiff, ) ) vs. ) ) SHREEJI, INC. and SHILPA PATEL, ) Individually, ) ) Defendants. ) CL NO. 94882 ORDER OF DEFAULT AND DEF AUL T JUDGMENT ENTRY NOW, the Court having before it Plaintiffs Motion for Default against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually and having before it Plaintiff's request for an Order of Default and Default Judgment Entry; and the Court, having reviewed the file, heard the statements of counsel, heard the evidence adduced, and being otherwise fully advised in the premises, FINDS: 1. c. . That the Court has jurisdiction over Defendants, Shreeji, Inc. and Shil~ A~ate&: ?: :0:'" r-'- individually. -\~) c. ~:o 0': r-< '--' :<r 2. That an Original Notice and Petition were filed on or about February lJOif004. ,.~:; "'-1 .< 3. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually were ~rs~allyc:; :xi . -I - served with the Original Notice and Petition on or about March 3, 2004 with said Affidavits of Service being filed with the court on March 12,2004. 4. On march 26, 2004 a Notice of Intent to File a Written Application for Default was filed and sent to the Defendants pursuant to Iowa Rules of Civil Procedure, Rule 1.972. (See attached) 5. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually have not answered 1 Plaintiff's Petition within the time provided for by Iowa Rules of Civil Procedure. 6. That as a result of the failure of Defendants, Shreeji, Inc. and Shilpa A. Patel, individually to appear either in person or through an attorney, Plaintiff's counsel certifies that he has examined the docket and the court file and no attorney for the Defendants has entered an appearance, nor have the parties entered an appearance, and the return of service is on file as to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually. Further, Plaintiff certifies that the Defendants are not under any physical or legal disability nor are they in the military service of the Untied States of America. (See attached affidavits) 7. That Plaintiffhas presented to the court the Affidavit of Suzanne Schoofs, a corporate representative of Frontier Leasing, as to the actual contractual damages and costs, as well as attorney fees which the court has incorporated in this Order. IT IS THE ORDER OF THE COURT that Default is hereby entered in favor ofthe Plaintiff and against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually on the Petition. IT IS THEREFORE ORDERED that judgment is hereby entered against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually in the amount of$17,512.92 plus interest accruing at the statutory rate at 3.19 % per annum from February 13, 2004, for which let execution issue. IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel are to return all equipment which is the subject matter of the lease and personal guaranties. IT IS FURTHER ORDERED that if Frontier Leasing receives proceeds from a commercially reasonabk sale of the equipment which is the subject matter of this action, a credit representing the net proceeds of the sale will be given to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually, as a partial satisfaction of judgment. 2 IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel shall pay unto the Plaintiff$521.00 as attorney fees and judgment is hereby entered against the Defendants in the amount of$521.00 for said attorney fees, for which let execution issue. Any future attorney fees and costs of collection in any future proceeding involving the domestication of this judgment shall be assessed against Defendants, Shreeji, Inc. and Shilpa A. Patel, as those attorney fees and costs are incurred as provided by the Equipment Lease Agreement and Personal Guaranty. IT IS FURTHER ORDERED that the collection and court costs (including Filing Fee $100.00; Process Service Fee $90.00; and Certified Mail charges of $9.30 and Double Barrel Transcript Fee $20.00 and Certified Copy charges of $10.00) of these proceedings are hereby assessed to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually for which let execution issue. IT IS FURTHER ORDERED that service shall be made on Defendants by ordinary U.S. mail at Defendants last known address. Dated this J 0 day of ~ Copy to: I, Lois Leary CI CERTIFICATE of IOwa in' elf< of the District Co Ihat !l>i!;' is a ~d for POlk COUnty d U~ of !he State in tru ,<l!J€ 2nd COm ,0 "8reby . :N'rE~~;;;'~~~in this offieePlele eopy Of the ~~ hand and OO"'<l(j :;:!'EREOF, I have he D Mol "",se~,,_. rilllrllo..tmy nes. Iowa this, VCJUrt st my Offi s _ day 01 ce in ~dward N. McConnell .uP J, Edward N. McConnell, P.L.e. ll';r"l PMB 271, 3775 E. P. True Parkway Ll' West Des Moines, IA 50265 /Shreeji, Inc. 1070 Trindle Road Carlisle, PA 17013 /Shilpa Patel 5 Greenwich Dr. Carlisle, PA 17013-4396 3 ELLIOTT REIHNER & SIEDZIKOWSKI, P.C. Brian R Elias LD. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. 6~- 303</ SHREEJI, INe. 1070 Trindle Road Carlisle, PA 17013, and SHILPAPATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. AFFIDAVIT OF LAST KNOWN ADDRESSES BRIAN R ELIAS, ESQUIRE, being duly sworn according to law, deposes and says that he is counsel for Plaintiff in the above captioned action, and based on his knowledge, information and belief, the last known addresses of Defendants are as follows: SHREEJI, INe. 1070 Trindle Road Carlisle, P A 17013 SHILPAPATEL 5 Greenwich Drive Carlisle, P A 17013-4396 Sworn to and subscribed Before lTIe this 8th day of June, 2004 Not~~~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LISA A BURNS Notary Public Whitpain Twp Montgomery County My Commission Expires Aplil 5, 2008 (~-IfL B~atR ELIAS 2 ELLIOTT REIHNER & SIEDZIKOWSKI, p.e. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977.1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURTOFCO~ONPLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. tJ 0/- .10.3'/ SHREEJI, INe. 1070 Trindle Road Carlisle, PA 17013, and SHILPA PATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. AFFIDAVIT OF VALID. ENFORCEABLE AND UNSATISFIED JUDGMENTS BRIAN R. ELIAS, ESQUlRE, being duly sworn according to law, deposes and says that he is counsel for Plaintiff in the above captioned action, and based on his knowledge, information and belief, the judgments entered in the District Court of the State of Iowa against the above captioned Defendants which are attached to the Praecipe to Enter Judgment are valid, enforceable and unsatisfied. Attached hereto as Exhibit "A" is a certified copy of the docket entries from the District Court of the State ofIowa. Sworn to and subscribed B or'-e t IS day of June, 2004 rI~t BRIAN R. ELIAS IlOAlflfONWCAl.m OF' P1ENNSYLVANJA NOTARIAL SEAL LISA A. BURNS Notary Public Whllptln Twp MontgolTltly County M~ Commlttl,," EJcplrtf April 5, 2008 2 Exhibit A Rpt ID Rj,ilt Date: Rpt Time: Rpt Beg Rpt End : CPW200 10-JUN-04 12:53 PM 13-FEB-04 10-JUN-04 Iowa Court Information System POLK Clerk of Court - LEARY, LOIS Combined General Docket Page: 1 -------------------------------- Case Name ----------------------------------- Case 05-77-1- -LA-CL094882 Title FRONTIER LEASING CORP VS SHREEJI INC ET AL -------------------------------- Case Header --------------------------------- Sub-Type CONTRACT - DEBT COLLECTION Nature Initiated 13-FEB-04 Milestone DISPOSED Judge Tp DISTRICT COURT JUDGE Agency Name Mil Dt 20-APR-04 Jud Dt 13-FEB-04 Agency Pin -------------------------------- Case Disposition GUILTY PLEA/DEFAULT Reopened Dt Judge Tp DISTRICT COURT JUDGE Judge Name JOEL D NOVAK Closing -------------------------------- Disp Dt 20-APR-04 Microfilm Reference Judge Pin PK2154996 -------------------------------- Litigants ----------------------------------- Role PROPERTY CO-OWNER Name SHREEJI INC/SHILPA A PATEL Litigant Pin PK3080498 PLAINTIFF FRONTIER LEASING CORPORATION Litigant pin 421487226 Attorney(s) PK0009108 MCCONNELL, EDWARD N JUDGE NOVAK, JOEL D Litigant pin PK2154996 DEFENDANT SHREEJI INC Litigant pin 223467526 DEFENDANT PATEL, SHILPA Litigant pin PK3061946 Filed Date / Time Seg Event Papers Filed -------------------------------- Reference St 13-FEB-04 11:08 AM 0 PFLD C Description PETITION FILED Filed By PK0009108 MCCONNELL, EDWARD N Comment(s) DEBT COLLECTION 12-MAR-04 08:06 AM 1 RSON C Description RETURN OF SERVICE OF ORIGINAL NOTICE Comment(s) SHREEJI CUMBERLAND PA DELIVER COPY TO SHILPA PATEL/PRESIDENT $45 PRIVATE 3/3/04 12-MAR-04 08:06 AM 2 RSON C Description RETURN OF SERVICE OF ORIGINAL NOTICE Comment(s) SHIPLA PATEL PERSONAL 3/3/04 $45 PRIVATE . CUMBERLAND PA 26-MAR-04 01:09 PM 0 NOOT C Description NOTICE Filed By PK0009108 MCCONNELL, EDWARD N Comment(s) OF INTENT TO FILE WRITTEN APP FOR DEFAULT Rpt ID RIJt Date: Rpt Time: Rpt Beg Rpt End : CPW200 10-JUN-04 12:53 PM 13-FEB-04 10-JUN-04 Iowa Court Information System POLK Clerk of Court - LEARY, LOIS Combined General Docket Page: 2 -------------------------------- Case Name ----------------------------------- Case 05-77-1- -LA-CL094882 Title FRONTIER LEASING CORP VS SHREEJI INC ET AL Filed Date / Time Seq Event Papers Filed -------------------------------- Reference St 26-MAR-04 01:09 PM 0 NOOT C Description NOTICE Filed By PK0009108 MCCONNELL, EDWARD N Comment(s) TO SHREEJI INC AND SHILPA PATEL 19-APR-04 08:16 AM 1 MTDE C Description MOTION FOR DEFAULT ENTRY Filed By PK0009108 MCCONNELL, EDWARD N Comment(s) FILED BY PLAFF 19-APR-04 08:16 AM 2 FOOT C Description OTHER AFFIDAVIT Comment(s) OF SUZANNE SCHOOPS 20-APR-04 02:51 PM 0 JDEF Description JUDGEMENT DEFAULT Filed By PK2154996 NOVAK, JOEL D Comment(s) SHREEJI INC & SHILPA FR 2/13/04 $521/ATTY C $17512.92/3.19 INT FEES $39.30/FEES & CC ----------------------------- Judgment/Lien Detail ----------------------------- Date Time Sq St Date St Judgment Status 04/20/04 02:51 PM 3 04/23/04 N NONE Create Dt JUdgment/Lien Entry 23-APR-04 SHREEJI INC & SHILPA A PATEL CC Against Sat Status Sta Date Code Sat Date 223467526 SHREEJI INC NONE 04/23/04 USAT 04/23/04 PK3061946 PATEL,SHILPA, NONE 04/23/04 USAT 04/23/04 For 421487226 FRONTIER LEASING CORPORATION Date Time Sq St Date St Judgment Status 04/20/04 02:51 PM 2 04/23/04 N NONE Create Dt JUdgment/Lien Entry 23-APR-04 SHREEJI INC & SHILPA A PATEL 39.30/FEES Against Sat Status Sta Date Code Sat Date 223467526 SHREEJI INC NONE 04/23/04 USAT 04/23/04 PK3061946 PATEL,SHILPA, NONE 04/23/04 USAT 04/23/04 For 421487226 FRONTIER LEASING CORPORATION Date Time Sq St Date St Judgment Status 04/20/04 _.._~--_.._~-..._-~---> 02:51 PM 1 04/23/04 N NONE Rpt ID Rpt Date: Rpt Time: Rpt Beg Rpt End : CPW200 10-JUN-04 12:53 PM 13-FEB-04 10-JUN-04 Iowa Court Information System POLK Clerk of Court - LEARY, LOIS Combined General Docket Page: 3 Case Name ----------------------------------- Case 05-77-1- -LA-CL094882 Title FRONTIER LEASING CORP VS SHREEJI INC ET AL ----------------------------- Judgment/Lien Detail ----------------------------- Create Dt Judgment/Lien Entry 23-APR-04 SHREEJI INC & SHILPA A PATEL Against 223467526 SHREEJI INC PK3061946 PATEL,SHILPA, For 421487226 FRONTIER LEASING CORPORATION Date Time Sq 04/20/04 02:51 PM 0 Create Dt JUdgment/Lien Entry 23-APR-04 SHREEJI INC & SHILPA A PATEL Against 223467526 SHREEJI INC PK3061946 PATEL,SHILPA, For 421487226 FRONTIER LEASING CORPORATION 521/ATTY FEES Sat Status Sta Date Code Sat Date NONE 04/23/04 USAT 04/23/04 NONE 04/23/04 USAT 04/23/04 St Date St Judgment Status 04/23/04 N NONE 17512.92/3.19 INT Sat Status Sta Date Code Sat Date NONE NONE 04/23/04 USAT 04/23/04 04/23/04 USAT 04/23/04 . CERTIFICATE I, LOIs Lea/)', Clerk of the District Coort of the State of low~,./n a,nd for Polf< County, do hereby certify that thfS IS ~ ,rue ancl Gompre~ copy of the Original fnstr~rn8nt faf~'~; in thi:.: ofti,:~Q If.') !f:t.;')l.!.Vlr:,\!'". ',r,i")-=Ff.I-\~ I 'l~".o h-reuN- t " ' " ....:.. '. ....-.\.-'..." '~-'::"I"" rnuOO my , D~~~~~~i~(:.~,-~'~;.:.'-'/'. ..'<08' Lf said vw! at my office in ~":'''dS_ ./~ day of , ! ~--- .&d:f LOIS I EARY . ... ByJ;;::'^:!: ;t~urt B_~ul)' "---...-.---.- Rpt ID FM8070 Page: 4 Rpt Date: 10-JUN-04 Rpt Time: 12:53 PM Rpt Beg 13-FEB-04 Rpt End 10-JUN-04 Iowa Court Information System POLK Clerk of Court - LOIS LEARY Case Financial Management Financial Summary Case ID 05-77-1- -LA-CL094882 C ET AL Obligor PIN: Obligee PIN: Payor PIN Payee PIN Title: FRONTIER LEASING CORP VS SHREEJI IN Name Name Name Name 1------------------------------------------- -------------------------1 Filed Dt Filed Tm Sq F-Cd C Description t Due Amount Financial Summary ----------------- Owed Amount Paid Amoun -------- -------- - - - ------------------------ --------------- ---------- ----- --------------- 13-FEB-04 11:08 AM 0 C160 C CIVIL FILING FEES, CH OF $100.00 $1 00.00 $.00 20-APR-04 02:51 PM 0 C010 J ATTORNEY FEES - JUDGEMEN $521. 00 $.00 $521.00 20-APR- 04 02:51 PM 0 MCOO J JUDGEMENTS: $17,512.92 $.00 $17,512.92 12-MAR-04 08:06 AM 1 MK20 C REFUNDABLES DUE TO PREPA $45.00 $.00 $45.00 12-MAR-04 08:06 AM 2 MK20 C REFUNDABLES DUE TO PREPA $45.00 $.00 $45.00 20-APR- 04 02:51 PM 0 MK20 C REFUNDABLES DUE TO PREPA $100.00 $.00 $100.00 20-APR-04 02:51 PM 0 MK20 C REFUNDABLES DUE TO PREPA $39.30 $.00 $39.30 --------------------1 1------------------------------ Description Financial Totals --------- Owed Amount Paid Amoun t Due Amount Court Costs $329.30 $1 00.00 $229.30 All Other $18,033.92 $.00 $18,033.92 --------------- ---------- ----- --------------- ** Grand Totals $18,363.22 $1 00.00 $18,263.22 Rpt ID s Rpt Date: Rpt Time: Rpt Beg Rpt End : FM8080 Iowa Court Information System Page: 5 10-JUN-04 12:54 PM 13-FEB-04 10-JUN-04 POLK Clerk of Court - LEARY, LOIS Case Financial Management Financial Detail Case Id ET 05-77-1- -LA-CL094882 Title: FRONTIER LEASING CORP VS SHREEJI INC Receipt Nbr: 901916 1-------- Fin ---------1 1--------------------- Receipt --------------------1 1- ------------------ Disbursement -----------------1 AR-F C Fin Cd Desc Date No Oblgr PIN Oblgr Name Amount Da te No Oblge PIN Oblge Name Amount AP-F C Fin Cd Desc F-T T-C Batch Payor PIN Payor Name T T-C Batch Payee PIN Payee Name F- Cl61 C CIVIL FILING FEES 17-FEB-04 901916 -MAR-04 234595 STATE IOWA STATE OF I C162 C CIVIL FILING FEES CHK STD GILS77 K STD GILS77 STATE IOWA STATE OF I 421487226 FRONTIER L $100.00 PK0009108 MCCONNELL, $100.00 01 CH ** Receipt Totals $100.00 $100.00 ** Grand Total $100.00 $100.00 Exhibit A c). ELLIOTT REIHNER & SIEDZIKOWSKI, P.C. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. DCf- 'l.Jo~f ~ SHREEJI, INe. 1070 Trindle Road Carlisle, PA 17013, and SHILP A PATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. PRAECIPE FOR WRIT OF EXECUTION MONEY JUDGMENT TO THE PROTHONOTARY: Issue a Writ of Execution upon a judgment entered in the above-matter, directed to the Sheriff of Cumberland County, Pennsylvania: (1) Against SHREEJI, INe. and SHILP A PATEL, Defendants, and; (2) Against COMMERCE BANK, Garnishee. (3) Amount due from SHREEJI, INC. and SHILP A PATEL, Defendants: $ I 7.5 12.92 [Plus interest and attorney fees and costs from the date this Praecipe is filed until the date of payment] (4) And index this Writ against SHREEJI, INe. and SHILPA PATEL, Defendants. i"f"::l;W4 BkIAN R ELIAS Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19402 (215)977-1000 Attorneys for Plaintiff 2 ELLIOTT REIHNER & SIEDZIKOWSKI, P.C. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION 11180 Aurora Avenue Urbandale, Iowa 50322 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. SHREEJI, INC. t 070 Trindle Road Carlisle, PA 17013, and SHILPA PATEL 5 Greenwich Drive Carlisle, PA 17013-4396, Defendants, and COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013, Garnishee. WRIT OF EXECUTION Commonwealth of Pennsylvania ) ) County of Cumberland ) To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against Defendants SHREEJI, INe. and SHILP A PATEL: I (1) you directed to attach the property of Defendants not levied upon in the possession of COMMERCE BANK as garnishee; (2) notify the garnishee that: (a) an attachment has been issued; (b) the garnishee is enjoined from paying any debt to or for the account of the Defendants and from delivering any property of the Defendants or otherwise disposing thereof; (3) if property of the Defendants not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated; (4) Amount due from SHREEJI, INC. and SHILPA PATEL: $17.512.92 [Plus interest and attorney fees and costs from the date this Praecipe is tiled until the date of payment] , Prothonotary By: Clerk Date: Seal of the Court 2 ~~\I :;; C>\I ~. ........... u- e' K, Cj '^ c, ~. ~\.J r'o) ~, r-::: u' ~""'j \J'::' ~ f" d >lJ ---- 0 0\ <J- ~r c :' ,~. , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3034 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FRONTIER LEASING CORPORATION Plaintiff(s) From SHREEJI, INC., 1070 TRINDLE ROAD, CARLISLE PA 17013 AND SHILPA PATEL, 5 GREENWICH DRIVE, CARLISLE P A 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attacb the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND A VENUE, CARLISLE P A 17013 GARNISHEE(S) as follows: ATTACH ANY ACCOUNTS AND SERVE INTERROGATORIES UPON ABOVE GARNISHEE. 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) Ifproperty 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 himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $17,512.92 Interest FROM JUNE 29, 2004 Atty's Comm % Atty Paid $138.00 Plaintiff Paid Date: JUNE 29, 2004 1.1. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ProJh tary . I ! By: / ~ (J , . , ( De'puty REQUESTING PARTY: Name BRIAN R. ELIAS, ESQ. Address: UNION MEETING CORPORATE CENTER V 925 HARVEST DR., BLUE BELL PA 19422 Attorney for: PLAINTIFF Telephone: (215) 977-1000 Supreme Court ill No. 82938 F: \FILES\DA T AFlLEIGeneraJ\Current\ I 1229-2_stay_wpdlemm Created 7/13/045:35PM Revised: 7/15/04 9:28AM 1122921ermn FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CNIL ACTION - LAW v. COMMERCE BANK, Garnishee MOTION FOR STAY OF EXECUTION OF' SHILPA PATEL AND NOW, comes the Defendant, Shilpa Patel, by and through her attorneys, MARTS ON, DEARDORFF, WILLIAMS, & OTTO, and respectfully repres'~nts as follows: I. The Plaintiff, Frontier Leasing Corporation, is an Iowa business, with an address of 11180 Aurora Avenue, Urbandale, Iowa 50322. 2. The Defendant, Shreeji, Inc., is an entity unknown to Defendant Shilpa Patel. According to the Pennsylvania Department of State, there is a corporation by this narne with a registered address of 4240 N. Broad Street, Philadelphia, Permsylvania 19140. However, this corporation is not associated with the Defendant. Defendant is the owner of a limited liability company called Shriji, L.L.c., which has not been made a party to this action. 3. The Defendant, Shilpa Patel, is an individual, with an address of 5 Greenwich Drive, Carlisle, Pennsylvania 17013. 4. The Garnishee, Commerce Bank, has a business address of 65 Ashland Avenue, Carlisle, Pennsylvania 17013. 5. On or about February 13, 2004, the Plaintiff filed an Original Notice and Petition against Defendant in the District Court ofthe State ofIowa, Polk County. 6. On or about April 20, 2004, a Default Judgment was entered in the District Court of the State ofIowa, Polk County, in the amount of seventeen thousand five hundred twelve dollars and ninety-two cents ($17,512.92) against Defendants and in favor of Plaintiff. 7. On or about June 29, 2004, pursuant to the Uniform Enforcement of Foreign Judgment Act, 42 Pa. Cons. Stat. 94306, the judgment entered in the amount of seventeen thousand five hundred twelve dollars and ninety-two cents ($17,512.92) in the District Court of the State of Iowa, Polk County, was filed and indexed as a foreign judgment in Cumberland County, Pennsylvania. 8. On or about July 15, 2004, Defendant, Patel, filed a Petition to Vacate Judgment in the above-captioned matter, based on Iowa's lack of personal jurisdiction. 9. Pending this Court's decision on the Defendant's Petition to Vacate Judgment, the Writ of Execution should be stayed pursuant to Pa. RC.P. 312il(b)(2). WHEREFORE, the Defendant, Shilpa Patel, respectfully request that this Honorable Court grant its request for a Stay of Execution pursuant to the Writ of Execution dated June 29, 2004, pending a decision on the Defendant's Petition to Vacate Judgnlent. MART~mORFF WILLIAMS & OTTO By: ~ ~ Carl C. Risch Attorney ill No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: July 15, 2004 Attorneys for Shilpa Patel, Defendant CERTIFICATE OF SERVICE I, Carl e. Risch, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Motion was served this date by de:positing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as foUows: ELLIOTT REIHNER & SIEDZIKOWSKl, P.e. Brian R. Elias Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 COMMERCE BANK 65 Ashland Avenue Carlisle, P A 17013 SHERIFF OF CUMBERLAND COUNTY 1 Courthouse Square Carlisle, PA 17013 MART~ONDEO WlLUAMS & OTTO ByJJl)~} Carl C. Risch Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 15, 2004 C) ...., 0 = ~~,~ C:;.:J 'TI ...- L. --I .,.. c.: m :D r-- , "D l,.:r~ :1"':1 ......... UI C) (1. '- ----I...J --;- -YI ~ ~? ~n ....1. n ,-..,\ (.n ~.::j -' 1'0 ::.0 ~.< F:\FlLES\DA T AFlLE\General\Current\ 11229-2 pet I. vacale. wpdIenun Crealed: 7/13/04 535PM Revised: 7/15/04 9:49AM 1I229.2/enun FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee PETITION OF SHILPA PATEL TO VACATE JUDGMENT AND NOW, comes the DefendantlPetitioner, Shilpa Patel, by and through her attorneys, MARTS ON, DEARDORFF, WILLIAMS, & OTTO, and respectfully represents as follows: I. The Plaintiffi'Respondent, Frontier Leasing Corporation, is an Iowa business, with an address of 11180 Aurora Avenue, Urbandale, Iowa 50322. 2. The Defendant/Petitioner, Shilpa Patel, is an individual, with an address of 5 Greenwich Drive, Carlisle, Pennsylvania 17013. 3. The DefendantlPetitioner, Shreeji, Inc., is an entity unknown to DefendantlPetitioner Shilpa Patel. According to the Pennsylvania Department of State, there is a corporation by this name with a registered address of 4240 N. Broad Street, Philadelphia, Pennsylvania 19140. However, this corporation is not associated with the DefendantlPetitioner Patel. DefendantlPetitioner Patel is the owner of a limited liability company called Shriji, L.L.C., which has not been made a party to this action. 4. The Garnishee, Commerce Bank, has a business address of 65 Ashland Avenue, Carlisle, Pennsylvania 17013. 5. On or about February 13, 2004, the Plaintiff/Respondent filed an Original Notice and Petition against DefendantlPetitioner, and Shreeji, Inc., in the District Court of the State ofIowa, Polk County. 6. DefendantlPetitioner Patel never received notice ofthis Petition. 7. On or about April 20, 2004, a Default Judgment was entered in the District Court of the State ofIowa, Polk County, in the amount of seventeen thousand five hundred twelve dollars and ninety-two cents ($17,512.92) against Defendants/Petitioners and in favor ofPlaintiffiRespondent. 8. DefendantlPetitioner Patel received notice of the entry of default judgment by U.S. Mail. 9. On or about June 29, 2004, pursuant to the Uniform Enforcement of Foreign Judgment Act, 42 Pa. Cons. Stat. 94306, the judgment entered in the amount of seventeen thousand five hundred twelve dollars and ninety-two cents ($17,512.92) in the District Court of the State of Iowa, Polk County, was filed and indexed as a foreign judgment in Cumberland County, Pennsylvania. 10. Under the Pennsylvania Uniform Enforcement of Foreign Judgments Act, 42 Pa. C.S.^- 94306, foreign judgments that are properly filed in Pennsylvania will be accorded full faith and credit unless there is a lack of personal jurisdiction by the court who originally awarded the judgment or a lack or due process. 11. Iowa Courts have jurisdiction over a non-resident when the non-resident has sufficient contacts with Iowa and the exercise of personal jurisdiction ove:r the non-resident does not extend beyond the boundaries established by the United States and Iowa Constitution as interpreted by the courts. 12. The District Court of the State ofIowa, Polk County, did not have proper personal jurisdiction over DefendantlPetitioner pursuant to the law ofIowa because the exercise of personal jurisdiction over the DefendantlPetitionerviolates the Due Process Clause and offends the traditional notions of fair play and substantial justice. 13. The State ofIowa does not have personal jurisdiction over DefendantlPetitioner Patel, individually. DefendantlPetitionerPatel did not and does not havt) sufficient minimum contacts with the State ofIowa. The Defendant/Petitioner is a resident of Pennsylvania, does not conduct business in Iowa, does not advertise in Iowa, and has never been to Iowa. 14. The State ofIowa does not have personal jurisdiction over DefendantlPetitioner Patel, as a Guarantor of the obligations of the Lessee in the lease agreement giving rise to the underlying action. As the Guarantor of the agreement, DefendantlPetitioner Patel did not agree to a forum selection clause. The Lessee initialed the reverse side of the agreement containing the clause .', allowing for suit in Iowa. The Guarantor did not initial the reverse side. The Guarantor's clause on the contract made no reference to the reverse side of the contract or of a forum selection clause. A true and correct copy of the agreement is attached hereto and marked as Exhibit "A" 15. The State of Iowa does not have personal jurisdiction over Defendant Patel, individually or as Guarantor, because she never received notic(: of the Petition filed in Iowa. 16. Unless the DefendantlPetitioner is allowed to vacate the Judgment, a great injustice will result in as much as the Defendant/Petitioner did not have an opportunity to respond on the merits of Plaintiff /Respondent's Orginial Notice and Petition. 17. Furthermore, it would be a great burden on Defendant/Petitioner Patel and a violation of due process ifDefendant/Petitioner Patel were required to go to Iowa to defend against this action when she does not have minimum contacts with Iowa and never contractually agreed to subject herself to the jurisdiction of Iowa courts. 18. Finally, it would be inappropriate for Defendant/Petitioner Patel to defend this action in Iowa since there is a pending class action lawsuit in Franklin County, Pennsylvania, concerning this exact dispute. West Loudon, Inc., t/dIb/a Dilly's, et al. v. Advanta Leasing Services, et aI., 2001- 2945. DefendantlPetitioner Patel will likely be part of this class once certified, by the court. WHEREFORE, the Petitioner/Defendant, Shilpa Patel, prays this Court to grant a rule upon the Plaintiff to show cause why the Judgment entered on the 20'h day of April, 2004, by the District Court of the State ofIowa, Polk County, and filed on 29'h day ofJune, 2004, in Cumberland County, Pennsylvania, should not be vacated. :ART 1)F WilllAMS & =0 Carl C. Risch Attorney ill No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 15, 2004 Attorneys for Shilpa Patel, Defendant QUIPMENT LEASE AGREEMENT G Liberty Leasing .. ~~?!~~!al Federal Bank ESSEE: ilSole Proprietorship LJPartnership IXlCorporation VENDOR: 17379 m, Name I hreeii, Inc. Credit Card Center dr~ss Address 070 Trindle Road 4850 Rhawn St. , County Stale Zip GiN Count... Slal~ Zip :arlisle PA 17013 Philadelohia PA 19136 inlacl Te/No Contact Te/No. Sue Carnation 888-276-0300 ear Customer: We ve wntten this EqUipment Lease In simple and easy.to-read language because we want you to understand Its terms. Please read. your lreement carefully and feel' free to ask questions you may have about it. We use .the words you ano' your to mean the Lessee indicated below. The words we, s and our refer to Uberty Leasing Company. LEASE AGREEMENT We agree to Lease to you and you agree to Lease from us the equipment listed below. You promise to pay us the Lease payments lawn below accordina to the oayment schedule shown below. Quantity Description of Equipment Leased 1 ATM Machine .. o recondItioned 'qwpment to oe new unless othelWlse noted as: 0 used :quipment location, if other than customer's address above. GO"" t c:ty COlJnty L' I Z;p Cocr. LEASE TERM 3. PA YMENT SCHEDULE 0 Doc. Fee S 50.00 o Monthly Amount of Payment 0 Adv. Pymt Amt S 306.34 o Other S 2S9.00 0 Total s 356.34 (applical'Jle taxes to ee eli/eel) 1- & Last # Piiyments in Advance 'au agree to all the terms and conditions shown above and on the reverse SIde of thiS Lease, that thi'Jse terms and conditions are a complete and exclusive :tatement of our agreement and that they may be modified only by written agreement and not by course of performance. You agree that this Lease cannot be erminated except as provided for in this Lease. You also agree that the equipment will not be used lor personal, family or household purposes. Equipment '3ased shall be used for its intended purpose and in compliance with all applicable Jaws, rules and regUlations. You agree that payments are to be made at our lddress in West Des Moines. rowa. You acknowledge receipt of a copy of this Lease. This Lease is not binding on us until we accept it by signing below. By ;igning below you agree that this is a finance Lease as defined by Article 2A of the Uniform Commercial Code. You authorize us to record a UCC-1 financing itatement or similar instrument and appoint us as your attorney-in-fact to execute and deliver such instrument or any other instrument, in order to protect our nterest in the equipment. This is a non-cancelable Lease and cannot be cancelled by you during thEl Lease Term. 49 months 4. PURCHASE OPTION: ~ S1.00 To be negotiated by you and us 100/0 LESSEE SIGNS BELOW Date 2-8-00 LESSEE SI xK Shilpa its Preside t (if corporation, give official title. A '~jUSINESS ENTITY) 'atel 3y <S: J/,!: & 5€! , Title If owner or partner, state which) 5. GUARANTY In the guaranty, ''r means the person making the guaranty, and "you" means the Lessor indicated 8lJove. I guarantee that the Lessee/Customer wiJi make all payments and pay all other charges required under the Equipment Lease Agreement when they are due and will perform all other obligations under the Equipment Lease Agreement fully and promptly. If the Ls!ssee/Customer defaults, I agree to be bound by, and wiJ/ immediately pay, in accordance with the provisions of the Equipment Lease Agreement all sums dUE~ under the original terms of the Equipment Lease Agreement. ! wiff reimburse you for all expenses you incur in enforcing any of your n"ghts against tht~ Lessee/Customer or myself, including attorney's fees. This guaranty is unconditional and will not be affected by your renewing, extending, or modifying the' underlying lease with the Lessee, nor do you need to sue the lessee first. and we waive notice of acceptance. presentment. demand, protest and notice of nonpayment by Lessee. Dated ~ - 2. <='<>'0 . 19 Dated Signature X X ' An individual Signature Shilp. el Witness XXI t!d i CvL7 ,19 , An individual X Witness ~ 7. No warranties: We are leasing the equipment to you "AS IS". WE MAKE NO WARRANTIES. EXPRESS OR IMPLIED. INCLUDING WARRANTIES OR MERCHANTABILlTYOR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT We transfer to you for the term of thIs Lease all warrantIes. If any, made by manufacturer or supplier to us. We are not liable to you for any modificdtion or recision of supplier or manufacturer warranties. Ow.ner~hjp ~f Equipment: We are the owner of the ,equipment and have title to the equipment. at the end of the lease lenn, to exercise the purchase option, If available, and become the owner of the eqUipment you must make payment within ten days of the end of the lease term. Automatic Renewal: This Lease will automatically renew for successive thirty (30) day terms unless you send us wn'tten notice that you don't want it to renew at least thirty (30) days before the end of any term. We may cancel the automatic renewal terms by sending you written notice that we don't want this Lease to renew, at least fifteen (15) days before the end of term. Late Charge: If any part of the payment is more that 5 days fate, you agree to pay a late charge of 6% of the payment which ,is late or, if less, the maximum late charge allowed by applicable faw. All late payments shall be applied first to past due balances, taxes and fate charges, and then to the current amount due. Insurance: You agree to keep the equipment insured for its full insurable replacement value against loss until this Lease is paid in full and to have us named as loss payee. You also agree to obtain a general public liability insurance policy of $500,000 from anyone who is acceptable to us and to include us as named insured on the policy. You agree to provide us certificates or other evidence of insurance acceptable to us, before this Lease term begins. If you do not provide us with acceptable evidence of insurance, we may, but will not be required to, buy such insurance for you and add a charge to your monthly payments which will include the premium cost, or the highest rate allowed by applicable law, whichever is lower. All insurance will provide that it will not be canceled without thirty days written notice to us. Unconditional Obligation: YOU MAY NOT CANCEL OR TERMINA TE THIS LEASE. You agree that you are unconditionally obligated to pay all Lease payments and other amounts due for the entire Lease term no matter what happens, even if the equipment is damaged or destroyed, if it is defective or if you can no longer u,se it. Location of Equipment: You will keep and use the equipment only at your address shown above. You agree that the equipment will not be removed from that address unless you get our written permission in advance to move it. Taxes and Fees: You agree to pay when due a/l taxes, fines and penalties relating to this Lease, including all taxes imposed us or you. except our federal or state net income tax (with respect to rental payments hereunder or the equipment. If we pay any of the above for you, you agree to reimburse us on demand and to pay us on demand a processing fee for each payment we make on your behalf. You also agree to pay us on demand any filing and releasing fees prescribed by the Uniform Commercial Code or other law, or at our option, a non-filing protection fee. Maintenance and Instal/ation: You are responsible for instafling and keeping the equipment in good working order, protecting the equipment from damage except for ordinary wear and tear and from any other kind of loss while you have the equipment. If the equipment is damaged or lost. the equipment shall be replaced by you with similar equipment or you shall pay the remaining balance (as defined in 18) in a lump sum. Assignment: YOU HA VE NO RIGHT TO SELL. TRANSFER. ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS LEASE. We may sell. assign. or transfer this Lease. You agree that if we sell, assign, or transfer this Lease, the new owner will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new owner will not be subject to any claims, defenses, or set off that you may have against us. Financial Statements: You agree upon request to furnish promptly to us your annual Financial Statement, and any interim Financial Statements and tax returns as we may require. Default: You will be in default under this Lease if any of the following happen: (a) we do not receive any Lease Payment or other payment within five (5) days after its due date; (b) you or any of your guarantors break any promises in this Lease or any guaranty; (c) you or any of your guarantors become insolvent, liquidate or dissolve, merge, transfer substantially all of your stock or assets, stop doing business or assign your rights or property for the benefit of creditors; (d) a petition is filed by or against you or any of your guarantors under any bankruptcy or insolvency law; (e) you or any of your guarantors die or have a guardian appointed; or (f) without our written permission in advance, you try to move, sell. transfer, pledge, part with possession, sublet or put a lien on any Equipment. Remedies: If you are in default, we can require that you pay the remaining balance of this Lease, which is the present value of all future rents due under this lease discounted at a rate equal to discount rate of Federal Reserve Bank of Kansas City as of the date of the judgment plus 1 %, and return the equipment to us. We can also use any of the remedies available to us under the Uniform Commercial Code or any other law. You agree that this Lease shaJl be performed by lessee in Des Moines, Polk County, Iowa, and any suit on this Lease shall be proper if filed in Des Moines, Polk County, Iowa. If we refer this Lease to an attorney for collection, you agree to pay our reasonable attorney's fees and actual costs. If we have to take possession of the equipment, you agree to pay the cost of repossession and storage. You agree that we will not be responsible to pay you any consequential or incidental damages for any breach by us under this Lease. No Waiver: Yo,u agree that any delay or failure to enforce our rights under this Lease does not prevent us fforo' enforcing any rights at a later time. Security Deposit: We may keep any security deposit you gave us to cover any costs or losses we may suffer because of your breach of any of your promises under this Lease. Return of Equipment: At the end of this Lease's term, if you do not exercise a purchase option, if available, you will immediately return the equipment to us in a condition as good as received {ess normal wear and tear to any place in the United States we designate. You will prepay all expenses of crating and shipping by means we designate and you will properly insure the shipment. You also agree to pay us an administration fee for processing the return of the equipment. Adjustments: You authorize us to adjust the amount of your payments to reflect the amount of any increase between the actual cost to us of the equipment and the cost shown on this Lease, as long as the increase is no greater than 15%. Adjustments of more than 15% will be made by your signature on an amendment to this Lease that will reflect the change in the total cost and the payment schedule. Indemnity: We are not responsible for any injuries. damages, penalties. claims or losses, including legal expenses, incurred by you or an~ .other person caused by the installation, manufacture, selection, purchase, Lease, ownership, possession, maintenance, condition, use, return or dispoSition of the Equipment. On notice from us you will defend and hold us harmless from any and a/l claims. If you fail to defend us and hold us harmless from all . liabilities, costs, or expenses (including legal fees), incurred by us in connection with this Lease, and if you fail to defend us and hold us harmless you WIll remain liable to reimburse us for such amounts. This indemnity continues even after the Lease has expired. Miscellaneous: This Lease contains our entire agreement and supersedes any conflicting provision of equipment purchase orders. TIME /S OF THE ESSENCe fN THIS LEASE. If a court finds any provision of this Lease to be unenforceable, the remaining terms of the Lease remain in effect. If yo~ ar/ an entity, and not an individual, the person(s) signing this is authorized to enter into this agreement on behalf of us, and this lease is binding on s. X Applicable Law: YOU AGREE THAT THE LAWS OF IOWA WILL APPL Y TO THIS LEASE. . Lessee Inilials: 6. 8. g. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24 25. CERTIFICATE OF SERVICE I, Carl C. Risch, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: ELLIOTT RElliNER & SIEDZIKOWSKl, P.C. Brian R Elias Union Meeting Corporate Cente:r V 925 Harvest Drive Blue Bell, P A 19422 COMMERCE BANK 65 Ashland Avenue Carlisle, PA 17013 ~TSO~UAMS&OTTO Carl C. Risch Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 15, 2004 VERIFICATION I, Carl C. Risch, have prepared the foregoing Petition to Vacate Judgment. The factual statements contained therein are true and correct to the best of my knowledge and belief. I am authorized to make this verification on behalf of my client, Shilpa Patel, who is currently outside the jurisdiction of this Court. The facts set forth in the pleading ar(: known to me and are also based upon my review of the documents and information furnished by my client. This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities, which provides that if! knowingly make false averments, I may be subject to criminal penalties. Dated: July 15, 2004 () ("- -<.. ,...., c;:;, <= .:- o -'1 --j i{~ ;TI -orn ;q(? ~_J, (...., '~I', ~ ') --~.' >;..C) c")rn :-.j ~ ,TJ -< <- c::: r- (J1 ~ _l;~ N SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-03034 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FRONTIER LEASING CORPORAION VS SHREEJI INC ET AL And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:44 Hours, on the 8th day of July , 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT SHREEJI INC , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CARLA WALTZ (CUSTOMER SERVICE REPRESENTATIVE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So an~? r~1j1; '~".c~~ R. Thomas Kline Sheriff of Cumberland County 07/12/2004 Sworn and subscribed to before me this 15~ day Of~ ;).ft) <{ A.D. el. _ Q.~, pro~ry ,~ By -A-,,~ i-<)~-~.-k:- DeputY'Sh~f - F:\FILESIDATAFILE\GeneralICurrcmll 1229-2.petl. vw;ate_wpdlemm Created: 2/25/04 4:39PM Revised: 7/15/04 9:49AM 1 1 229_2/emm ~ JUL 1 6 2004 V FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. SHREEJI, INC. and SHILPA PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee RULE TO SHOW CAUSE AND NOW, on this 2. c.. day of 7- L ,2004, upon consideration of the I Defendants' Petition to Vacate Judgment, a Rule is issued upon the Plaintiff, Frontier Leasing Corporation, to show cause, if any it has, why the Foreign Judgment filed on June 29, 2004, in Cumberland County, Pennsylvania should not be vacated. Rule returnable in :::iI? days. J. 07 -1~ -()y SZ :8 92 -innODZ ':.:J;('~d 3Hl :!o CJ:n\.:l t'.1J.'(LI;!;:IDA T AJlILE\GencraJ\currenl\11229-2.stay.wpd Created: 7/]5104 IO:36AM Revised: 7/15104 IO:4SAM FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee ORDER AND NOW, on this Z/, - day of q~ ,2:004, upon consideration of the Defendants' Motion For Stay of Execution, this Honorable Court hereby orders and decrees that the Writ of Execution filed in Cumberland County be stayed, p~:nding the decision of the Defendant's Petition to Vacate Judgment. BYTHE COURT, J ~ AVo J. ~~ 01.:;..~~o1 .. }'J.[\ln(~f ,'.. ;,:'~.~::/,,!nJ 92 :8 HI! 9Z -:rnDOZ Ab',:/lU><O: 'L'_DCld 3Hl jQ :'('\).JJn,_(]::Jl!~ 'M,\.i".,J",',-.," \..J.J I".. To Defendant: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment may be entered ~g;~nstyou. Sit ~ Elliott Greenleaf & Siedzikowski, P .C. Attorney for Plaintiff ELLIOTT GREENLEAF & SIEDZIKOWSKI, P.C. Brian R. Elias I.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. 04-3034 SHREEJI, INC., and SHILP A PATEL, Defendants, and COMMERCE BANK, Garnishee. PLAINTIFF'S OPPOSITION AND NEW MATTER IN RESPONSE TO THE PETITION OF SHILPA PATEL TO VACATE JUDGMENT Plaintiff Frontier Leasing Corporation, by and through its undersigned counsel, hereby opposes the Petition of Shilpa Patel to Vacate Judgment as follows: 1. Admitted. 2. Admitted. 3. Denied. Plaintiff specifically denies that Defendant Shreeji, Inc. ("Shreeji") is an entity unknown to Defendant Shilpa Patel ("Patel"). Pate:! executed a February 8, 2000 Equipment Lease Agreement (the "Lease") as "President" of Shreeji. See 2/8/00 Lease attached hereto as Exhibit "A". Additionally, on November 9,1999, Patel executed an Acknowledgement and Acceptance of Delivery of Equipment (the "Acknowledgement") as "President" of Shreeji. See 11/9/99 Acknowledgement attached hereto as Exhibit "B". Further, in September 1999, Patel executed a Lease Application (the "Application") on behalf of Shreeji, Inc. See 9/99 Application attached hereto as Exhibit "C". 4. Admitted. 5. Admitted. 6. Denied. Pursuant to the March 3, 2004 Notices of Return of Service, which were filed with the Iowa court on March 12, 2004, Patel and Shreeji were served with the Original Notice Petition on March 3, 2004. See 3/3/04 Notices of Return of Service, time-stamped by the Iowa court on 3/12/04, attached hereto as Exhibit "D". 7. Admitted in part; denied in part. It is admitted that on April 20, 2004 the Iowa court entered a judgment against Defendants. The judgment was in the amount of $17,512.92 plus, inter alia, interest and an order for Defendants' to pay all of Plaintiff s fees and costs, including attorney fees. See 4/20/04 Judgment attached hereto as Exhibit "E". 8. Admitted. Further, Patel received notice of this judgment in April 2004. 9. Admitted. The judgment was in the amount of $17,512.92 plus, inter alia, interest and an order for Defendants' to pay all of Plaintiff s fees and costs, including attorney fees. See Exhibit "E". 10. Denied. The allegations contained in paragraph 1 0 constitute conclusions of law which require no response. 2 11. Denied. The allegations contained in paragraph 11 constitute conclusions of law which require no response. 12. Denied. The allegations contained in paragraph 12 constitute conclusions oflaw which require no response. To the extent a response is required, Plaintiff specifically denies that the Iowa court did not have personal jurisdiction over Patel. 13. Denied. The allegations contained in paragraph] 3 constitute conclusions of law which require no response. To the extent a response is required, Plaintiff specifically denies that the Iowa court did not have personal jurisdiction over Patel. 14. Denied. The allegations contained in paragraph 14 constitute conclusions of law which require no response. To the extent a response is required, Plaintiff specifically denies that the Iowa court did not have personal jurisdiction over Patel and Patel did not agree to the forum selection clause in the Lease. 15. Denied. The allegations contained in paragraph 15 constitute conclusions oflaw which require no response. To the extent a response is required, Patel and Shreeji were served with the Original Notice Petition on March 3, 2004. See Exhibit "D". 16. Denied. The allegations contained in paragraph 16 constitute conclusions of law which require no response. To the extent a response is required, Plaintiff specifically denies that a great injustice would result if this Court denies Patel's Petition and that Patel did not have an opportunity to respond to the Original Notice Petition and/or the notice of judgment that Patel admits to receiving from the Iowa court in April 2004. 17. Denied. The allegations contained in paragraph 17 constitute conclusions of law which require no response. To the extent a response is required, Plaintiff specifically denies that 3 it would have been a great burden on Patel to defend the litigation brought in Iowa and that Patel never contractually agreed to subject herself to the jurisdiction of Iowa courts. 18. Denied. The allegations contained in paragraph 18 constitute conclusions oflaw which require no response. To the extent a response is required, Plaintiff specifically denies that the purported class action pending in Franklin County concerns this exact dispute. Further, Patel is not a named plaintiff in that action, the plaintiffs' counsel in the class action has not identified Patel as potential class member and no class has been certified in the Franklin County action. WHEREFORE, Plaintiff respectfully requests that this Court deny the Petition of Shilpa Patel to Vacate Judgment, award Plaintiff all costs and fees, inclluding attorneys' fees, and grant such other relief in Plaintiff s favor that the Court deems appropriate. NEW MATTER I. Plaintiff incorporates by reference the foregoing paragraphs as fully set forth below at length. 2. Patel's Petition must be denied because Patel submitted to the jurisdiction of the Iowa court via the Lease. 3. Patel's Petition must be denied because Patel was properly served with the Iowa petition. 4. Patel's Petition must be denied pursuant to the express language of the Lease. 5. Pursuant to the Lease and Judgment entered by the Iowa court, Patel is required to pay Plaintiff all costs, including, inter alia, attorney's fees, incurred by Plaintiff in collecting on the Lease. 4 6. Specifically, the Guaranty section of Lease, which Patel admits to executing, states "I will reimburse you for all expenses you incur in enforcing any of your rights against the Lessee/Customer or myself, including attorney's fees." See Exhibit "A" at ~ 5. 7. Additionally, paragraph 18 of the Lease states "[i]f we refer this Lease to an attorney for collection, you agree to pay our reasonable attorney's fees and actual costs." Id. at ~ 18. 8. Indeed, the Iowa court issued a judgment against Patel in favor of Frontier in the amount of$17,512.92 plus interest at the rate of 3.19% per annum beginning February 13,2004. See Exhibit "E" at p. 2. 9. The judgment also included attorney fees in the specific amount of $521.00 and stated that "[a]ny future attorney fees and costs of collection in any future proceeding involving the domestication of this judgment shall be assessed against Deiendants, Shreeji, Inc. and Shilpa A. Patel, as those attorney fees and costs are incurred as provided by the Equipment Lease Agreement and Personal Guaranty." Id. at p. 3. 10. Finally, the Iowa court issued a judgment against Patel for costs incurred in connection with the Iowa action in the amount of $229.30. Id. 11. Since the Iowa court entered the Iowa judgment, Frontier has incurred $2,127.50 in attorneys' fees in domesticating the Iowa judgment in this Court, executing on same and as a result of Patel's motion to stay execution and instant motion to strike.! 12. Additionally, Frontier has incurred $185.00 in Court costs in domesticating and executing on the Iowa judgment in this Court. ! The judgment entered by the Court specifically includes all interest and attorney fees and costs from the date the judgment was entered until the date ofpaymellt of the judgment. 5 13. Based on the foregoing, and pursuant to the Iowa judgment and the Lease, this Court should increase the $17,512.92 judgment already entered by this Court to include: Interest [from 2/13/04 @ 3.19% / annum]: $295.40 Iowa attorneys' fees and costs: $750.30 Pennsylvania attorneys' fees and costs: $2,312.50 for a total judgment of $20,871.12. 12. Additionally, this Court should issue a judgment against Defendants for all costs and fees incurred by Frontier in enforcing its rights under the Lease from the date this Opposition is filed until the date of satisfaction of the judgment. WHEREFORE, Plaintiff respectfully requests that this Court deny the Petition of Shilpa Patel to Vacate Judgment, order Defendants to pay Plaintiff all of the fees and costs incurred by Plaintiff as set forth above and grant such other relief in favor of Plaintiff that this Court deems proper. OF COUNSEL: 7r(riZtt~ BRIAN R. ELIAS Union Meeting Corporate Ctr V 925 Harvest Drive, Suite 300 Blue Bell, P'A 19422 (215) 977-1000 ELLIOTT GREENLEAF & SIEDZIKOWSKI, P.C. Counsel for Plaintiff Frontier Leasing Corporation 6 VERIFICATION I, Brian R. Elias, hereby state that I am an attorney for Plaintiff in the foregoing action; I have been authorized to make this Verification on its behalf; and the statements set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Plaintiff intends to substitute this Verification with a Verifi(:ation executed by Plaintiff. I understand that false statements made herein are mad,: subject to the penalties of 18 Pa.C.s.A. Section 4904, relating to unsworn falsifications to authorities. 1?t6iL Brian R. Elias CERTIFICATE OF SERVICE I certify that a true and correct copy of the forging PLAINTIFF'S OPPOSITION AND NEW MATTER IN RESPONSE TO THE PETITION OF SlIILPA PATEL TO VACATE JUDGMENT is being served upon the following individual vila first class mail, postage pre- paid: Carl C. Risch, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Counsel for Defendants Timothy A. Hoy, Esquire METTE, EVENS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 Counsel for Garnishee Commerce Bank ~ib~w~ Counsel for Plaintiff Dated: August 24, 2004 QUIPMENT LEASE AGREEMENT ::SSEE: OSole Proprietorship OPartnership (g]Corporation ,.,e Name I i1reeji. Inc. Credit Card Center :ress ,J,aaress )70 Trindle Road -1850 Rhawn St. Cwl.lnt'I Stare lie ';ilv Countv Slate Zie arlisle PA 17013 Philadelnhia PA 19136 ncact rei No. ;.::Int3C! relNa Sue Carnation 888-276-0300 G Liberty Leasing r ~~?:'~~'!e!al Federal Bank VENDOR: 17379 ~ar Customer: We ve wntten {hiS Equipment Lease in simple and easy-to-read language because we want you to understand Its terms. Please read. your 'reement carefully and feel free to ask questions you may have about it. We use the words you and your to mean the Lessee indicated below. The words we. and our refer to Uberty Leasing Company. LEASE AGREEMENT We agree to Lease to you and you agree to Lease from us the equipment fisted below. You promise to pay us the Lease payments own below accordino to the QBVment schedule shown below. Quantity Description of Equipment Leased 1 A TM Machine I .. o reconditIoned 1wpment to be new unless otherwise noted as: 0 used Juioment focarion, if other than customer's address above. r c:ty Qr~ss Caunry L I Zip Cod. 4. PURCHASE OPTION: ~ St.o. To be negotlated by you and us 10% LEASE TERM 3. PA YMENT SCHEDULE I2J Doc. Fee 5 50.00 I2J Monthly Amount of Payment I2J Adv. Pymt Amt S 306.34 o Other S 289.00 I2J Total 5 356.34 (a~;JlicalJl& taxes to Of! a/Ileal i- & L3St # _ Payments in Advance ,U agree to all the terms and condlt/ons shown above and on the reverse Side or thIS Lease, that those terms and conditIons are a complete and exclUSIVe atement of our agreement and that they may be modified only by written agreement and not by cours,~ of performance. You agree that this Lease cannot be rminated except as provided for in this Lease. You also agree rhat the equioment wilt not be used for personal, family or household purposes. Equipment ased shall be used for its intended purpose and in compliance with all applicaole raws, roles and regulations. You agree that payments are to be made at our ;dress in West Des Moines, towa. You acknowledge receipt of a copy of this Lease. This Lease is not binding on us until we accept it by signing below. By gning below you agree that this is a finance Lease as defined by Article 2A. of the Uniform Commerci~11 Code. You authorize us to record a UCC-1 financing atement or similar instrument and appoint us as your attorney-in-fact to execute and deliver such instrument or any other instrument, in order to protect our tarest in the equipment. This is a non-cance/able Lease and cannot be cancelled by you during the Lease Term. ...::!2...- months itle S. Y:/; ~ ij! LESSEE SIGNS Bc:LOW UrjUSINESS ENTITY) o.tel CCEPTED BY LlBE,c,TY LE SING CaMP NY, LESSOR y LESSEE SI xx. Shilpo ate 2-8-00 its Preside t (if corporation, givl~ official title. If owner or partner, state which) GUARANTY the guaranty, "r means the person making the guaranty, and ~you" means the Lessor indicaced above. luaranree that the Lessee/Ci.Jsromer will make all payments and pay all other c,':arges required under the Equipment Lease Agreement when they are due and ill perform ail other obligations under the Equipment Lease Agreement fully and promptly. If the Less,ee/Customer defaults, I agree to be bound by, and will 1mediate/y pay, in accordance with the provisions of the Equipment Lease Agreement all sums due under the original terms of the Equipment Lease greement. I will reimourse you {or all expenses you incur in enforcing any of your rights against the Lessee/Customer or myself, including attomey's fees. 1is guar~mty is unconditional and will not be affected by your renewing, extending, Jr modifying the underlying lease with the Lessee, nor do you need to sue 'e lessee first. and we waive notice of acceptance. presentment. demand. protest and notice of nonpa'Yment by Lessee. Dated ~ , 19 Dated ' 19 Signature X X Shilp' el Witness XV i:!.d- i ~/ , An individual Signature _ , An individual X Witness ~ 6. No wa;ranties: We are leasing the equipment to you "AS IS". WE MAKE NO WARRANTIES. EXPRESS OR fMPLlED, INCLUDING WARRANTIES OR MERCHANTABILlTYOR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WIT/-I THIS AGREEMENT We transfer to you for the t~rm of this L~ase af! warrant/.es. If any, made by manufacturer or supplier to us. We are not lIable to you for any modificdtion or recision of supplier or manufacturer warranties 7. Ow.ner~hip ~f Equipment: We are the owner of the equipment and have title to the equipment. at the end of the 'ease term, to exercise the purchase option. If available. and become the owner of the equipment you must make payment within ten days of the end of the lease term. a. Automatic Ren~wal: This Lease will automatically renew for successive thirty (30) day terms unless you send us written notice that you don't want it to renew at least thirty (30) days before the end of any term. We may cancel the automatic renewal terms by sending you written notice that we don't want this Lease to renew, at feast fifteen (15) days before the end of term. 9. Late Charge: If any part of the payment is more that 5 days late, you agree to pay a fate charue of 6%-of the payment which is late or, if tess, the maximum fate charge allowed by applicable law. All {ate payments shall be applied first to pas!" due balances. taxes and late charges, and then to the current amount due. 10. Insurance: You agree to keep the equipment insured for its full insurable replacement value aqainst loss until this Lease is paid in full and to have us named as loss payee. You also agree to obtain a general public liability insurance policy of 5500, 000 from anyone who is acceptable to us and to includr= us as named insu:ed on the policy. You agree to provide us certificates or other evidence of insurance acceptable to us, before this Lease term begins. If you do not proVide us With acceptable evidence of insurance, we may, but will not be requirecl to, buy such insurance for you and add a charge to your monthly payments which will include the premium cost, or the highest rate allowed by applicabh'! law, whichever is lower. All insurance will provide that it will not be canceled without thirty days wrnten notice to us. 11. Unconditional Obligation: YOU MA Y NOT CANCEL OR TERMINA TE THIS LEASE. You agree that you are unconditionally obligated to pay all Lease payments and other amounts due for the entire Lease term no matter what happens, even if the. equipment is damaged or destroyed, if it is defective or if you can no longer use it. 12. Location of Equipment: You will keep and use the equipment only at your address shown above. You agree that the equipment will not be removed from that address unfess you get our written pennission in advance to move it. 13. Taxes and Fees: You agree to pay when due all taxes, fines and penalties relating to this Lea~:e, including all taxes imposed us or you, except our federal or state net income tax (wifh respect to rental payments hereunder or the equipment. If we pay any of the above for you, you agree to reimburse us on demand and to pay us on demand a processing fee for each payment we make on your behalf. You also agree to pay us on demand any filing and releasing fees prescribed by the Unifonn Commercial Code or other law, or at our option, a non-filing protection fee. 14. Maintenance and Installation: You are responSible for installing and keeping the equipment ir: good working order, protecting the equipment from damage except for ordinary wear and tear and from any other kind of loss while you have the equipment. If the equipment is damaged or lost, the equipment shall be replaced by you with similar equipment or you shall pay the remaining balance (as defined in 18) in a lump sum. 15. Assignment: YOU HA VE NO RIGHT TO SELL. TRANSFER. ASSIGN OR SUBLEASE THE ECJUtPMENT OR THIS LEASE. Wa may sail. assign, or transfer this Lease. Ycu agree that if we sell, assign, or transfer this Lease, the new owner wiJIl1ave the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new owner will mJt be subject to any claims, defenses, or set off that you may have against us. 16. Financial Statements: You agree upon request to furnish promptly to us your annual Financial Statement, and any interim Financial Statements and tax returns as we may require. 17. Default: You will be in default under this Lease if any of the following happen: (a) we do not receive any Lease Payment or other payment within five (5) days after its due date: (b) you or any of your guarantors break any promises in this Lease or any guaranty; (c) you or any of your guarantors become insolvent, liquidate or dissolve, merge, transfer substantially all of your stock or assets, stop doing business or assign your rights or property for the benefit of creditors: (d) a petition is filed by or against you or any of your guarantors under any c'ankruptcy or insolvency law; (e) you or any of your guarantors die or have a guardian appointed: or (f) without our written permission in advance, you try to move, sell, transfer. pledge, part with possession, sublet or put a lien on any Equipment. 18. Remedies: If you are in default. we can require that you pay the remaining balance of this Leasl~, which is the present value of all future rents due under this lease discounted at a rate equal to discount rate of Federal Reserve Bank of Kansas City as of the date of the judgment plus 1%, and return the equipment to us, We can also use any of the remedies avaHable to us under the Uniform Commercial Code or any other law. You agree that this Lease shall be performed by lessee in Des Moines, Polk County, Iowa, and any suit on this Lease shall be proper if filed in Des Moines, Polk County, Iowa. If we refer this Lease to an arromey for collection, you agree to pay our reasonable attorney's fees and actual costs. If we have to take possession of the equipment. you agree to pay the cost of repossession and storage. You agree that we will not b~~ responsible to pay you any consequential or incidental damages for any breach by us under this Lease. 19. No Waiver: You agree that any delay or failure to enforce our rights under this Lease does not prevent us from" enforcing any n'ghts at a later time. 20. Security Deposit: We may keep any security deposit you gave us to cover any costs or losses Ne may sutter because of your breac., of any of your promises under this Lease. 21. Return of Equipment: At the end of this Lease's term. if you do not exercise a purchase option, if available. you will immediately return the equipment to us in a condition as geed as received less normal wear and tear to any place in the United States we designate. You wl// prepay al/ expenses of crating and shipping by means we designate and you wi/I properly insure the shipment. You also agree 1'0 pay us an administration fee for processing the retum of the equipment. 22. Adjustments: You authorize us to adjust the amount of your payments to reflect the amount of ,;,ny increase befv.leen the actual cost to us of the equipment and the case shown on this Lease. as long as the increase is no greater than 15%. AC1ustments of more than 15% will be made by your signature on an ameflcment to this Lease that will reflect the change in the total cost and the payment schedule. 23. Indemnity: We are net responsible for any injuries, damages. penalties. claims or losses, including legal expenses, incurred by you or any other person caused by the installarton, manufacture, selection. purchase, Lease. ownership, possession, maintenance, condition, use, retum or disposition of the Equioment. On notice .from us you will defend and hold us harmless from any and all claims. If you fail to defend us and hold us harmless from all liabilities, costs. or excenses (including legal fees). incurred by us in connection with this Lease, ,;Ind if you tail to defend us and hold us harmless you wilf remain liable to reimDurse us for sueh amounts. This indemnity continues even after the Lease h.3S expired. 24. Miscellaneous: This !....ease contains our entire agreement and supersedes any conflicting proviSion of equipment purchase orders. TfME IS OF THE ESSENCE IN THIS L=ASE. If a coun finds any provision of this Lease to be unenforceable. the remaining terms of the Lease remain in effect, If you are an entity, and not an individual. the person(s) signing this is authon"zed to enter into this agreement on behaif of us, and this lease is binding on s. / 25. Applicable Law: YOU AGREE. THA T THE LA WS OF IOWA WILL APPL Y TO THIS LEASE. Lessee Initials: ~ Liberty Leasing ,. ~~~~~~!aJ Feder~ Bank ~EASE NUMBER 99100431 CL;STOMER NUMBER 17379 18786 l WESTOWNP.~WAY, SUlTE 320. WEST DES MOINES, lA 50266 .(515)226-8828 ULL LEGAL NAME AND ADDRESS OF LESSEE Shreeji, Inc. I 1070 Trindle Road Carlisle, PA 17013 ..J SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) I Credit Card Center I 4850 Rhawn St. Philadelphia,PA 19136-2935 L ..J DESCRIPTION OF EQUIPMENT OWNED BY LESSOR One A TM Machine ACKNOWLEDGEMENT AND ACCEPTANCE OF DELIVERY OF EQUIPMENT .lBERTY LEASING COMPANY (Lessor): III of the items of equipment described above or on the attached Schedule(s) subject to the above Lease shown between s Lessee, and Liberty Leasing Company as of the date below, have been received by us and have been installed. .essee acknowledges that: (1) Lessee has selected both the Equipment that has heretofore been delivered to Lessee by llier(s); (3) the Equipment is in full compliance with the tenns of the above Lease (4) the Equipment has not been ered to Lessee nor installed on a trial basis; (5) the Equipment is in good condition (operating and otherwise) and repair; essee accepts the Equipment as is and where is; \Tl Lessor is neither the manufacturer distributor, nor supplier of the pment, has not selected it, and has no control over or knowledge of or familiarity with the condition, capacity, functions or ~ characteristics of the EqUipment; (8) all payments by Lessee will be made to LesslJr or its order; (9) any rights Lessee have against the Supplier or manufacturer of the Equipment will be asserted only, if at all, against either or both of them Nill not be asserted against Lessor or its order as an abatement set-off, counterctaim, crossclaim, defense, or deduction; Lessor shall not be responsibie for perfonnance of service contracts or other agreements or for default in perfonnance of ;uch agreements; (11) Lessee may not, without Lessor's prior written approval, adcl to, or delete from, or substitute other , of equipment for, the above items, or make adjustments with the Supplier or relocate the equipment; (12) Lessor has ired the Equipment in connection with this lease. Lessee is aware that Lessee may have rights under the contract by h Lessor has acquired the Equipment and that Lessee has the right to contact and should contact the Supplies for a ription of any such rights. ly signature below, Lessee authorizes and directs Lessor to pay the Supplier for th,e Equipment described above. t I I I t. I 'f-..--- !/-q-17 'f.. Shilp ITE OF ACCEPTANCE: LESSEE: ACCEPTANCE FRa1 : FRX NO. : Oct. 28 1999 08:40RM P3 ';'1(' , L e,4-s e. A.5.5 I.-(...........f liD",v L; bu.!'l L-e~/~ (,!.. J.e~;- 5~!t,,+,. -r:~' c.,,*~ L~e<l.. LEASE APPLICATION 15 FFeCTtv.a. )0-/-// . ,,,!.. ~';.i'~r-,.~-~~~~~-:';~.:;;.~~:':':':' IITM Salqs and S<nvkq I BUSINESS i INFORMA TION Sl' . c a , iVSNDOIl/ EQUIP/ofFNT INFORMATION I BANK REFERENCE TRADE REFERENCES BUSINESS i PURPOtE !RELEA E i I i (O~Of(llq Ol'fl<,?: 48S0lhllwn Slrq~t PhUC~Q~hi(l, P'ti 191Jb ?I'10rlQ: ~IS'lJS'li7J Fl];(: 1I5.JJ5-J001 Ql8/A c;eft; jTaX 1.0. Numbe1' ~-jT~- -~ J I Full1.egeH !\Ierne 15h IfES.TT . T~ I Bllllng.AQ4fws . ' U...t.2.2C Tb.....l Ie. ~ IClty/CountylStilWZlp !CJCl}-I{~Je- C.l.A.!1'f<<1-.",I(LA/l-tl ~.. lEqo;pn'lent l.oetJItion (if difteAnl from abaWllfSlreet Ad(:lreUlCityl tale/Zip I . Iconl9Ct , I [ J Proprietorship . I I GenC!ltal i='artnership [ I LImited F'artnership I I Not for Proli1 It..-f"Corporation ...... ~"$,.... of Ine. f),.g D iPh~ No. Date of Inc. rJ9.+e. ( 7, ) )f'l-i). 7..<. [ J Limited Liabiilty Y~;lU~ No. of Employees' ._..-.- [J State or Local Government Ir~vl~""t:€- S/C,.<e, 'T~~- 3._._.... ~~lutnMlOffia!r 'If e 1% or owne"hlp Social Security No. I2-.A.'.!;.f..1:LK. PI9~L.. _~~IJ-4'J l..b'c:;1 HO_'Ph_-.N7o.r-5"4~~ Home AddreSSlCity/SllltelZiA J" "_...,, ~l~:v:~~~~ ~~::_~~#Y F~!:i; A .. ~::.~~~:-9~/O_'1 Hamil! Addl'@5siCity/Stat@lZip Home Phone ~_..J Prl~PatIP.,,"."otfic... .l~~. ...!"oiOwn....hIO ~"'''.,S~.~ Heme AddresslClly/SliIItclZlP Home Phon" No. ( ) J 701~' V!!ndorNan'PI!l CREDiT CARD CENTER EndJP-Lease Purchase Option: {vf 10% of Ca!!C" Funding Qulpm!!flt Oescrlption .. r;"J",L 1$ 1000 Estimaf@d Eczuiomenl Cosl Estimated O~r CO$fS Esl!mat\!ld Total Cal!lhPri~ Pl'1ane No. iYO" ) 93 .).~ Checking/Loan Account No. S/ :::.t.1'1 ;2~Y5" J.er,,:.J,.o IV . . 1~~;~Oi7(;7 -'f>yr CllylStale -,_.." ..._._--n-'Phone No. - _____" .. P-<u,,-"IVlil-e f/1'7 (m) ),-2:2-1/ cc'::"'- 10,19- ~7Y;i7'1-/I/o at you are applying for credO a tlusines!5 purpose, and not for personal, Bank Nam~ Co t Addr8S&!Clty/Slate.lZip a( 5 NlIIme c> G..g++-Y. f.g,,:f::.io-l e Name f. C=D-{,F /boo/;-h Name L~"...Ke. bn...}( / lyou, the credit applicant. certify to us \ family or household purposes. I To Whom It May Concern: This will be your authority and I my request to you to release any Information requested [concerning personal or business cr@ditstandlng. $OIC!lOftl(Qli iJroQftiyn, l'll:lW Yerl:: Lonq IIWld.l'lqwYorll LlIlllJlon, NQw H<Jlnpstltr~ Akron. Ohio LQurQI Morylqnd ~lJNl,'1\l, CalilorniQ '--- NOTICE OF RETURN OF SERVICE In the Iowa District Court Polk Case Name: Frontier Leasing Corporation vs, Individually Case Nnmber: CL94882 State of Pennsylvania, & /t1(Jbet.A,lRJCoonty ShreeJi, fne. and Shllpa Pa,f'el, m :>J ;>; CJ ':,') ..j ~) I, the undersigned, being first duly sworn on olllh, and over the age of 18 yelll'S, do ~ del!lile .< and state that I received and served the following documents: g 00 (.": ,. ~. h ..-j Original Notice Petition On thev.r....o day of II'1qUH .2004, at /:-10 ....c;;"il served IIhe same on the within oamed defendant(s) ShUpa Patel at .5' ';"'Il)IIU/eN 1M In the City of f!Ab I.Ifi.Il" in (uAlJJhtIAUJ County, Pennsylvania, by delivering a true and identical copy of each su~n item in the following III8lIner: 181 1 served the same by delivering a copy thereof to the above pcrs<1I\ personally. o I served the same at the above person's dweJling house or usual 'place ofabode (which place was not a rooming boose, hotel, club, or apartment building) by subsl~tute service, delivering a copy to the individual named below, which is a person residing therein who was then at least 18 years old. o I served the same at the above person's dwelling house or usuall~1ace of abode (which place was a rooming house, hotel, club, or apartment building) by substitute :lCI'Vice, delivering a copy to a family member, manager, clerk, proprietor, or custodian named IUld described below, which is a person who was then at least 18 years old. o 1 served the same on the above person by sub-serving the spouse of the above person at the address listed above after determining that the spouse lives at the, above person's dwelllng house or usual place of abode. o I served the same on the above company, corporation, govemmentlofftclal, etc, by delivering a copy to the person named and described helow at the address shown above. NAME AND TITLE/RE1..A TlONSHIP OF PERSON SERVED (IF NOT SHOWN ABOVE) Fee: Mileage: Add'\ Fee: $ fS:'" Olr $- $- s-l$: o~ -, . Dat~~~ ht~~ Server Total: Subs~bed 8Dd S~ to before me this c:J~ day of 'AI,J"" 2004 v:~ '7/l&~ Notary P ic in and for the state of Pennsylvania ' N~oI s.. Tuya M. _, l~auay PabIlc _ Duro. Cu,nbarlapd c-ty ....a;~7~.:.iftn 'R1r:ntMI Dec. 4.. 2006 C> .s::- --:J _-::- C) > t- ::.:l3 -x ~2J (:)r- ~2 rr: --l C':; N N en ..-~- '---. NOTICE OF RETURN OF SERVICE In the Iowa District Court Polk Case .Name: Frontier Leasing Corporation VS. Sbreeji, Ine. and Shilpa Patel, Individually Case Number. CL94882 t', I"'~ <=> State of Pennsylvania, &mU.itAAJlJCounty ~ .;:- ~ .::::: ,=;. 1, the undersigned, being first duly sworn on oath, and over the age .of 1 8 years, do ~ebY d~ ;><: ..,., and state that I received and served the following documents: ::::J ;;::; ~ r= ~7; rn - '_'_~.' r-; ;~= ...- .-.,... --< ..... 9? N C) Onthe,j,q" dayof /J1"'It!1f , 2004, at/:IO ~servedtbesameOlltbewithinnamed defendanl(s) Shreejl. Inc. atS &8HMv/e.H Dill in the City of ~iSLtF in ('um.8HlM;() County, Pennsylvania, by delivering a true and identical copy of each such item in the following manner: Original Notice Petition --i C-:. CJ <: ~;:o ...-. ~..-.: o I served the same by delivering a copy thereof to the above person personally. o I served the same at the above person's dwelling house or usual place of abode (which place was nol a rooming house, hOlel, club, or apartment building) by substitute service, delivering a copy 10 the individual named below, which is a person residing therein who was then at least 18 years old. o I served the same at the above person's dwellingbouse or usual place of abode (which place was a rooming bouse, holel, club, or apartment building) by substitute service, delivering a copy to a family member, manager, clerk, proprietor, or custodian named anel described below, which is a person who was then at least 18 years old. o I served the same on the above person by sub-serving the spouse of the above person at the address listed above after detennining that the spouse lives at the above person's dwelling house or usual place of abode. ~ I served the same on the above company, corporation, government/official, etc. by delivering a copy to the person nlllTled and described below at the address shown above. Shilpa Patel I PresIdent NAME AND TITLE/RELATIONSHIP OF PERSON SERVED (IF NOT SHOWN ABOVE) Total: $ J/r 00 $ $- 5 f'S'- O() Date*~~~ Server Fee: Mileage: Add'l Fee: Subscribed and S~I" me this Jof~ day of 2004 ~~ '7?l dd~L:7~ Notary ublic in and for the state of Pennsylvania NOIa1'iaI Seal Tanya M. Heckman, Ncury Public WonnI!Ytb"1'lI Bore, CumberWul C""nly ~ ~ . __.__ ",,-l_~ n....... A ~ STATE OF IOWA, POLK COUNTY, ss. I, Lois Leary, Clerk of the District Court of the State ofIowa, in and for said county, do hereby certify that the attached is a true and correct copy of: LA CL 94882 FRONTIER LEASING CORPORATION, PLAINTIFF VS SHREEJI INC and SHILPA PATEL, DEFENDANTS as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6th day of MAY ,:wlliI_. -~ '------cI6-~r STATE OF IOWA, POLK COUNTY, ss. I, MICHAEL D HUPPERT , Judge of the District Court of the State of Iowa, in and for the 5th Judicial District of said State, including the County of Polk do hereby certify that Lois Leary, who has given the preceding certificate, was at the time of so doing the Clerk of the District Court of the State of Iowa, in and for Polk County, in said District, duly qualified as such, that she is the keeper of the records of said Court, and the proper officer to give such certificate and that the same is in due form oflaw. Given under my hand this 6th day of MAY \ ~'JUdicialDiS STATE OF IOWA, POLK COUNTY, 55. I, Lois Leary, Clerk of the District Court of the State of Iowa, in ,rod for said county, do hereby certify that the Honorable MICHAEL HUPPER'Who has given the preceding certificate, was at the time of so doing, one of the Judges of the District Court of the 5th Judicial District of the State of Iowa, duly commissioned and sworn, to all whose official acts as such, full faith and credit are and ought be given. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6th day of MAY , 2004 H:\rous77\docs\STATE OF IOWA (double header).doc _.=-/ v;T; (~l~i-k ofD1Strict ~ ' --~ ./ {/ IN THE IOWA DlSTRlCT COURT FOR POLK COUNTY FRONTIER LEASING CORPORATION, ) ) Plaintif~ ) ) vs. ) ) SHREEJI, INC. and SHILP A PATEL, ) Individually, ) ) Defendants. ) CL NO. 94882 ORDER OF DEFAULT AND DEFAULT JUDGMENT ENTRY NOW, the Court having before it Plaintiff s Motion for Default against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually and having before it Plaintiffs request for an Order of Default and Default Judgment Entry; and the Court, having reviewed the file, heard the statements of counsel, heard the evidence adduced, and being otherwise fully advised in the premises, FINDS: I. .(' ~, That the Court has jurisdiction over Defendants, Shreeji, Inc. and Shil~ A~at~~ /'.. - 1- ..< 3. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually were ~rs~ally,: :;0 . , - served with the Original Notice and Petition on or about March 3, 2004 with said Affidavits of C. :.ZJ 0'"; "'- <=.J That an Original Notice and Petition were filed on or about February l3:p2004. . individually. 2. ."':' >~~;. _...1,- Service being filed with the court on March 12,2004. 4. On march 26,2004 a Notice ofIntent to File a Written Application for Default was filed and sent to the Defendants pursuant to Iowa Rules of Civil Procedure, Rule 1.972. (See attached) 5. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually have not answered Plaintiffs Petition within the time provided for by Iowa Rules of Civil Procedure. 6. That as a result of the failure of Defendants, Shreeji, Inc. and Shilpa A. Patel, individually to appear either in person or through an attorney, Plaintiffs counsel certifies that he has examined the docket and the court file and no attorney for the Defendants has entered an appearance, nor have the parties entered an appearance, and the return of service is on file as to Defendants, Shreeji, Inc. and ShilpaA. Patel, individually. Further, Plaintiff certifies that the Defendants are not under any physical or legal disability nor are they in the military service of the Untied States of America. (See attached affidavits) 7. That Plaintiffhas presented to the court the Affidavit of Suzanne Schoofs, a corporate representative of Frontier Leasing, as to the actual contractual damages and costs, as well as attorney fees which the court has incorporated in this Order. IT IS THE ORDER OF THE COURT that Default is hereby entered in favor of the Plaintiff and against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually on the Petition. IT IS THEREFORE ORDERED that judgment is hereby entered against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually in the amount of$17 ,512.92 plus interest accruing at the statutory rate at 3.19 % per annum from February 13,2004, for which let execution issue. IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel are to return all equipment which is the subject matter of the lease and personal guaranties. IT IS FURTHER ORDERED that if Frontier Leasing receives proceeds from a commercially reasonable sale of the equipment which is the subject matter of this action, a credit representing the net proceeds of the sale will be given to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually, as a partial satisfaction of judgment. 2 IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel shall pay unto the Plaintiff$521.00 as attorney fees and judgment is hereby entered against the Defendants in the amount of$521.00 for said attorney fees, for which let execution issue. Any future attorney fees and costs of collection in any future proceeding involving the domestication of this judgment shall be assessed against Defendants, Shreeji, Inc. and Shilpa A. Patel, as those attorney fees and costs are incurred as provided by the Equipment Lease Agreement and Personal Guaranty. IT IS FURTHER ORDERED that the collection and court costs (including Filing Fee $100.00; Process Service Fee $90.00; and Certified Mail charges of $9.30 and Double Barrel Transcript Fee $20.00 and Certified Copy charges of $10.00) of these proceedings are hereby assessed to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually for which let execution issue. IT IS FURTHER ORDERED that service shall be made on Defendants by ordinary U.S. mail at Defendants last known address. Dated this J 0 day of ~ Copy to: /Shreeji, Inc. 1070 Trindle Road Carlisle, PA 17013 ~ Lois leai')\ ~:CERTlFtCArE I of IOwa In ~E" , of the District -, ,lhat tb,'s'is a Y~~G f~r :olk COUnty ~~uZ of the State .;nstn.1m~mf riled i tanG Complete c~py fereby certify rN TES'rtt'lOt/y,n hls.Offlce_ 0 the Original If' ., ' V/'j--- ~2!1d _ar:G C1'11f/l<ifJoij :'h~ ~t"'\~OF, I.have /1.ereutNtl S Momes low" '"h' ea! fif:salg,C'..ourt et !elt my , C<I IS ~ my office in 2 _dE/Yof f~-I VDl ..< L . lEAFlY CTI4.!..:..., ;~7~~ ,..,.Edward N. McConnell .p.,cP J, Edward N. McConnell, P.L.e. P'iO.01 PMB 271, 3775 E. P. True Parkway ~/ West Des Moines, IA 50265 /Shilpa Patel 5 Greenwich Dr. Carlisle, PA 17013-4396 3 . ....., C. ,-) C.::::l , -ll .-< i , C r'~:' c , C.-', F:\F1LESIDA T AHLEIGenerallCllrrentll1229_2reply to new rnatter\ernrn Created: 2/25/04 4:39PM Revised 9/6104944AM IJ229,2/elllrn FRONTIER LEASING CORPORATION, Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA SHREEJI, INC. and SHILP A PATEL, Defendants :NO. 04-3034 :CIVIL ACTION - LA W v. COMMERCE BANK, Garnishee AND NOW, comes the Defendant/Petitioner, Shilpa Patel, by and through her attorneys, MARTSON, DEARDORFF, WILLIAMS, & OTTO, and respectfully replies as follows: I. Petitioner incorporates by reference her allegations in the Petition to Vacate Judgment. 2. Denied as a conclusion oflaw. To the extend an answer is required, Petitioner did not submit to the jurisdiction of the Iowa court in the lease becaus(~ the forum selection clause does not apply to the guarantor. 3. Denied for those reasons stated in the Petition. 4. Denied. The lease speaks for itself. To the extend an answer is required, Petitioner did not submit to the jUrisdiction of the Iowa court in the lease because the forum selection clause does not apply to the guarantor. S. Denied. The lease speaks for itself and any attempt to characterize or paraphrase the tenus of the lease are denied. 6. Admitted in part, denied in part. It is admitted that Petitioner admits initialing the guaranty section of the lease. The remaining allegations are denied as an inappropriate attempt to characterize or paraphrase the tenus of the lease. 7. Denied. The lease speaks for itself and any attempt to characterize or paraphrase the REPLY OF SHILPA PATEL TO NEW MATTER FILED IN RESPONSE TO PETITION TO V ACA TE JUDGMENT terms of the lease are denied. 8. Denied. Plaintiff's Exhibit E speaks for itself. 9. Denied. Plaintiff's Exhibit E speaks for itself. 10. Denied. Plaintiff's Exhibit E speaks for itself. II. Denied. After reasonable investigation, Pe:titioner is unable to admit or deny the allegations in ~ II; therefore, those allegations are denied. 12. Denied. After reasonable investigation, Petitioner is unable to admit or deny the allegations in ~ 12; therefore, those allegations are denied. 13. Denied. After reasonable investigation, Petitioner is unable to admit or deny the allegations in ~ 13; therefore, those allegations are denied. 14. Denied as a conclusion oflaw. WHEREFORE, the PetitionerlDefendant, Shilpa Patel, prays this Court to vacate the judgment. Date: September 7, 2004 MARTSm~O?\ WILLIAMS & OTTO By: \ll:A dV Carl C. Risch Attorney ID No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Shilpa Patel, Defendant CERTIFICATE OF SERVICE I, Carl C. Risch, an authorized agent for Martson n,~ardorff Williams & Otto, hereby certifY that a copy of the foregoing Reply was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: ELLIOTT REIHNER & SIEDZIKOWSKI, P.C. Brian R. Elias Union Meeting Corporate C~nter V 925 Harvest Drive Blue Bell, PA 19422 COMMERCE BANK 65 Ashland A venue Carlisle, PA 17013 Dated: September 7, 2004 MARTS ON DEARDORFF WILLIAMS & OTTO Hy_llliQ) Carl C. Risch Ten East High Street Carlisle, }'A 17013 (717) 243.3341 I, Carl C. Risch, have prepared the foregoing Reply to Response to Petition to Vacate Judgment. The factual statements contained therein are true and correct to the best of my knowledge and belief. I am authorized to make this verification on behalf of my client, Shilpa Patel, who is currently outside the jurisdiction of this Court. The facts Sl~t forth in the pleading are known to me and are also based upon my review of the documents and information furnished by my client. This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities, which provides that if! knowingly make false averments, I may be subject to criminal penalties. Dated: September 7, 2004 VERIFICATlm~ ~o Car] C. Risch () ~~ ?~?:i -...:>" f{;~- ~-:;: c.~. j;~ ~:: ~ ,...., c-" c'"' ...- (/, f"':\ --0 I --' --0 ::>: ":'? () ..., 1. --n, rnr::::. -1:}11"1 ,'OJ C-J gtJ ~ c. :~l:-\ ~~t:) (~\~n ~ ;...,: - - To Defendants: You are hereby notified to file a written response to the enclosed within twenty (20) days of service hereoflW ~wnent may be entered against you. BY:~ Elliott Greenleaf & Siedzikowski, P.C. Attorney for Plaintiff ELLIOTT GREENLEAF & SIEDZIKOWSKI, P.C. Brian R. Elias J.D. No. 82938 Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 (215) 977-1000 Attorneys for Plaintiff, Frontier Leasing Corporation FRONTIER LEASING CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. No. 04-3034 SHREEJI, INC., and SHILP A PATEL, Defendants, and COMMERCE BANK, Garnishee. PLAINTIFF'S MOTION FOR A PROTECTllVE ORDER Defendants admittedly ignored a lawsuit commenced a.gainst them in Iowa and the resulting default judgment. Indeed, Defendants chose not to defe:nd that action in any way until Plaintiff domesticated the judgment from Iowa in this Court and wmmenced execution practice. Only now do Defendants allege that the court in Iowa lacked personal jurisdiction over them by filing the instant Petition to Vacate Judgment (the "Petition"). In an effort to support their Petition, Defendants noticed the deposition of a designee of Plaintiff who resides in Iowa. This is not a video deposition, trial deposition or the deposition of a witness that will subsequently testify at a hearing or trial. Rather, this is a deposition, which Defendants admit will only last less than two (2) hours, pursuant to Cumberland County Local Rule 209-1. Unfortunately, Defendants refused Plaintiff s reasonable request that this less than two (2) hour deposition take place over the telephone, choosing instead to require Plaintiff's designee to travel almost 1000 miles and incur all of the inconveniences, burden, costs and expenses appurtenant thereto. Based on the foregoing and for all of the reasons set forth below, Plaintiff Frontier Leasing Corporation, by and through its undersigned counsel, hereby files this Motion for Protective a Order requesting that this Court allow Plaintiff's witness to testify telephonically, and avers as follows: 1. This action arises out of a April 20, 2004 default judgment Plaintiff obtained against Defendants in the Iowa District Court for Polk County (the "Iowa Court") as a result of Defendants' breach of a February 8, 2000 Equipment Lease Agreement (the "Lease"). See 4/20/04 judgment from the Iowa Court, attached hereto as Exhibit "A". 2. Prior to the entry of default in the Iowa Court, Plaintiff properly served Defendants with the Original Notice and Petition filed in the Iowa Court. See A at ~ 3. 3. On June 29, 2004, Plaintiff caused the judgment from the Iowa Court to be docketed with this Court and commenced execution practice. 4. On July 15, 2004, Defendants filed their instant Petition to Vacate Judgment ("Defendants' Petition"). 5. Importantly, Defendants admit to receiving notice ofthe default judgment in April 2004. See Defendants' Petition at ~ 8. 2 6. Defendants chose to ignore the original and the en.try of judgment by the Iowa Court for over six (6) months, and did not take any action until Plaintiff caused the Iowa judgment to be docketed in this Court and commenced execution practice. 7. In an effort to support their Petition, Defendants noticed the deposition of a designee of Plaintiff pursuant to Pennsylvania Rule of Civil Procedure 4007 .1 (e). See Notice to Take Deposition, attached hereto as Exhibit "B". 8. Plaintiff is an Iowa corporation with its principal place of business, and virtually all - if not all- operations and employees located, in Iowa. 9. Indeed, Plaintiff s designee is resides in Iowa. 10. Further, Defendants admit that the deposition will last less than two (2) hours as they have scheduled the deposition of Defendant Shilpa Patel to ()ommence two (2) hours after Plaintiff's deposition begins. 11. Moreover, this is not a video deposition, trial deposition or the deposition of a witness that will subsequently testify at a hearing or trial. 12. Accordingly, Plaintiff asked Defendants for the courtesy of agreeing to allow Plaintiffs designee testify via telephone from Iowa. 13. To this end, Plaintiff's counsel assured Defendants' counsel that all of the documents requested in the deposition notice will be produced to Defendants well in advance of the deposition. 14. Without offering any legitimate reason, Defendants refused Plaintiff's reasonable request. 15. The only excuse offered by Defendants' counsel is that it is his "preference" to conduct the deposition in person. 3 16. Defendants' baseless refusal to conduct Plaintiff's designee deposition telephonically will cause Plaintiff unreasonable annoyance, oppression, burden and expense. 17. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4012, this Court must order that Plaintiff's designee shall be permitted to provide the deposition testimony telephonically. 18. Additionally, because of Defendants' unreasonable refusal to allow the deposition to proceed telephonically, Plaintiff requests that this Court order Defendants to reimburse Plaintiff for all costs and fees, including attorneys' fees, associated with this Motion. 19. As set forth above, Plaintiff sought the concurrence of Defendants' counsel in this Motion but same was refused. WHEREFORE, Plaintiffrespectfully requests that this Court grant Plaintiff's Motion for a Protective Order, order that Plaintiff's designee shall be permitted to testify telephonically, order Defendants to reimburse Plaintiff for all costs and fees, including attorneys' fees, associated with this Motion and grant such other relief in Plaintiff's favor that the Court deems appropriate. OF COUNSEL: R'it7["bffii"'" BRIAN R. ELIAS Union Meeting Corporate Ctr V 925 Harvest Drive, Suite 300 Blue Bell, PA 19422 (215) 977-1000 ELLIOTT GREENLEAF & SIEDZIKOWSKI, P.C. Counsel for Pla~ntiff Frontier Leasing Corporation 4 VERIFICATION I, Brian R. Elias, hereby state that I am an attorney for Plaintiff in the foregoing action; I have been authorized to make this Verification on its behalf; and the statements set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Plaintiff intends to substitute this Verification with a Verification executed by Plaintiff. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifications to authoriti~:s. .. Brian R. Elias STATE OF IOWA, POLK COUNTY, 55. I, Lois Leary, Clerk of the District Court of the State of Iowa, in and for said county, do hereby certify that the attached is a true and correct copy of: LA CL 94882 FRONTIER LEASING CORPORATION, PLAINTIFF VS SHREEJI INC and SHILPA PATEL, DEFENDANTS as~the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6th day of MAY ,Wilif_' ST ATE OF IOWA, POLK COUNTY, S5. I, MICP.AEL D HUPPERT , Judge of the District Court of the State of Iowa, in and for the 5th Judicial District of said State, including the County of PoL, do hereby certify that Lois Leary, who has given the preceding certificate, was at the time of so doing the Clerk of the District Court of the State of Iowa, in and for Polk County, in said District, duly qualified as such, that she is the keeper of the records of said Court, and the proper officer to give such certificate and that the same is in due form of law. Given under my hand this 6th day of MAY \ ~UdiCiaIDis of Iowa STATE OF IOWA, POLK COUNTY, 55. I, Lois Leary, Clerk of the District Court of the State of Iowa, in and for said county, do hereby certify that the Honorable MICHAEL HUPPER'lNho has given the preceding certificate, was at the time of so doing, one of the Judges of the District Court of the 5th Judicial District of the State of Iowa, duly commissioned and sworn, to all whose official acts as such, full faith and credit are and ought be given. IN TESTIMONY WHEREOF, I have hereunto set my hanel and affixed the seal of said Court, at my office in Des Moines, Iowa, this 6th day of MAY , 2004 H:\rous77\docs\ST ATE Of lOW A (double header).doc ;/0 ~// ._ .~ "/ -/ ..-J-- ( ~-C.l~rk (if DfSt.r.jct C,nilt -_/ . --------- .; t/ " IN THE IOWA DISTRICT COURT FOR POLK COUNTY FRONTIER LEASING CORPORATION, ) ) Plaintiff, ) ) vs. ) ) SHREEJI, INC. and SHILPA PATEL, ) Individually, ) ) Defendants. ) CL NO. 94882 ORDER OF DEFAULT AND DEFAULT JUDGMENT ENTRY NOW, the Court having before it Plaintiffs Motion for Default against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually and having before it Plaintiffs request for an Order of Default and Default Judgment Entry; and the Court, having reviewed the file, heard the statements of counsel, heard the evidence adduced, and being otherwise fully advised in the premises, FINDS: 1. C". ~-' That the Court has jurisdiction over Defendants, Shreeji, Inc. and Shil~ A~ate~ .. ..,-- ' individually. C. ::"::J (,..C; 1'- ,-.--, '-',- r. ~ 1 .--:;r-: 2. That an Original Notice and Petition were filed on or about February 130;2004. ,,;--. _J,'-' j -', 3. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually were ~rs~~all);: ~; =..: . served with the Original Notice and Petition on or about March 3., 2004 with said Affidavits of Service being filed with the court on March 12, 2004. 4. On march 26,2004 a Notice of Intent to File a Written Application for Default was filed and sent to the Defendants pursuant to Iowa Rules of Civil Procedure, Rule 1.972. (See attached) 5. That Defendants, Shreeji, Inc. and Shilpa A. Patel, individually have not answered Plaintiffs Petition within the time provided for by Iowa Rules of Civil Procedure. 6. That as a result of the failure of Defendants, Shreeji, Inc. and Shilpa A. Patel, individually to appear either in person or through an attorney, Plaintiffs counsel certifies that he has examined the docket and the court file and no attorney for the Defendants has entered an appearance, nor have the parties entered an appearance, and the return of service is on file as to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually. Further, Plaintiff certifies that the Defendants are not under any physical or legal disability nor are they in the military service of the Untied States of America. (See attached affidavits) 7. That Plaintiffhas presented to the court the Affidavit of Suzanne Schoofs, a corporate representative of Frontier Leasing, as to the actual contractual damages and costs, as well as attorney fees which the court has incorporated in this Order. IT IS THE ORDER OF THE COURT that Default is hereby entered in favor of the Plaintiff and against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually on the Petition. IT IS THEREFORE ORDERED that judgment is hereby entered against Defendants, Shreeji, Inc. and Shilpa A. Patel, individually in the arnount of$17,512.92 plus interest accruing at the statutory rate at 3.19 % per annum from February 13, 2004, for which let execution issue. IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel are to return all equipment which is the subject matter of the lease and personal guaranties. IT IS FURTHER ORDERED that if Frontier Leasing receives proceeds from a commercially reasonable sale of the equipment which is the subject matter of this action, a credit representing the net proceeds of the sale will be given to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually, as a partial satisfaction of judgment. 2 IT IS FURTHER ORDERED that Defendants, Shreeji, Inc. and Shilpa A. Patel shall pay unto the Plaintiff$521.00 as attorney fees and judgment is hereby entered against the Defendants in the amount of$521.00 for said attorney fees, for which let execution issue. Any future attorney fees and costs of collection in any future proceeding involving the domestication ofthisjudgrnent shall be assessed against Defendants, Shreeji, Inc. and Shilpa A. Patel, as those attorney fees and costs are incurred as provided by the Equipment Lease Agreement and Personal Guaranty. IT IS FURTHER ORDERED that the collection and court costs (including Filing Fee $100.00; Process Service Fee $90.00; and Certified Mail charges of $9.30 and Double Barrel Transcript Fee $20.00 and Certified Copy charges of $10.00) of these proceedings are hereby assessed to Defendants, Shreeji, Inc. and Shilpa A. Patel, individually for which let execution issue. IT IS FURTHER ORDERED that.service shall be made on Defendants by ordinary U.S. mail at Defendants last known address. Dated this J 0 day of ~ o.Jl~ R THE FIFTH JUorCIAL DISTRICT OF IOWA , 2004. Copy to: -- ...--Edward N. McConnell .~rP f Edward N. McConnell, P.L.e. 1Y10'O P.MB 271, 3775 E. P. True Parkway j/ West Des Moines, IA 50265 /Shreeji, Inc. 1070 Trindle Road Carlisle, PA 17013 /Shilpa Patel 5 Greenwich Dr. Carlisle, P A 17013-4396 3 F:\FILESIDATAFILE\General\CulTent\11229-2.noLlfnim Created: 10/14103 11:07AM Revised: 9/17/04 U4AM 8369.4 FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee NOTICE TO TAKE DEPOSITlO~ TO: FRONTIER LEASING CORPORATION, Plaintiff, and its attorney, BRIAN R. ELIAS, ESQUIRE PLEASE TAKE NOTICE that pursuantto Pa. R.C.P., 4007.1, the undersigned will take the deposition of Frontier Leasing Corporation, in the above captioned action, upon oral exarnination, for the purpose. of discovery or for use at trial in the above action, before a person authorized to render an oath or before some other person so authorized, at the Law Offices of MARTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street, Carlisle, PA 17013, on Monday, November 8, 2004, beginning at 10:30 a.m., rather than the previously scheduled date of October 25, 2004, on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above named is requested to appear at the aforesaid time at the above address to submit to exarnination under oath. Pursuant to Pa.R.C.P. 4007.1 (e), Defendant will inquire into matters concerning (l) the documents attached as Exhibits A, B, and C to Plaintiffs Opposition and New Matter in Response to the Petition of Shipla Patel to Vacate Judgment; and (2) the business relationship between Plaintiff and Shilpa Patel, Shriji, LLC, and Shreeji, Inc.; and (3) the lawsuit and judgment filed in the State ofIowa captioned at CL NO. 94882. Plaintiff is directed to designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf at the deposition. Pursuant to Pa.R. C.P. 4009.1 and 4007.1 (d)( 1), Plaintiff shall produce at the deposition all documents in its position concerning those matters itemized abov(:. Dated: September 17, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By CJZ.4L c:. a- CarI C. Risch, Esquire J.D. Number 75901 Christopher E. Rice, Esquire J.d. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plail1tiff CERTIFICATE OF SERVICE I certify that a true and correct copy of the forging PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER is being served upon the following individual via first class mail, postage pre-paid: Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Counsel for Defendants Timothy A. Hoy, Esquire METTE, EVENS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Counsel for Garnishee Commerce Bank url~ Brian R. Elias, Esquire Counsel for Plaintiff Dated: October 7, 2004 CERTIFICATE OF SERVICE I certify that a true and correct copy of the forging PLAIl'iITIFF'S MOTION FOR A PROTECTIVE ORDER is being served upon the following individual via first class mail, postage pre-paid: Carl C. Risch, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 Counsel for Defendants Timothy A. Hoy, Esquire METTE, EVENS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Counsel for Garnishee Commerce Bank JilL Brian R. Elias., Esquire Counsel for Plaintiff Dated: October 7, 2004 n ~:~ (~ (':,:,":'!. (~ l I 0:> ~~: (...1 c....:,' F: \FILESIDA T AFlLElGeneraIlCWTeJ1tII1229.2.Pralnlm Created: 10/14/03 1l:07AM Revised: 10114104 lL56AM FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PRAECIPE TO ATTACH VERIFICATION You are hereby directed to file and substitute the attached Verification with Defendants' Petition to Vacate Judgment that was previously filed on July 15, 2004, in the above captioned matter. MARTS ON DEARDORFF WILLIAMS & OTTO Dated: October 14, 2004 BYCk~? ~ Carl C. Risch, Esquire J.D. Number 7590] Christopher E. Rice, Esquire J.D. Number 90916 Ten East High Stre'~t Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants F:\FILES\DATAFlLEIGeneral\Current\11229.2.verifiC<ltion Created: 9/29/04 3:33PM Revised: 9/29/04 3:35PM ]]229.2 VERIFICATION The foregoing Petition ofShilpa Patel to Vacate Judgment is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 7 / (/ JJ Shilpa Patel,,) I / i CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe to Attach Verification was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Brian R. Elias, Esquire ELLIOTT RElHNER & SIEDZIKOWSKI, P.C. Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 Timothy A. Hoy, Esquire METTE, EVANS & WOODSJDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 MARTSON DEARDORFF WlLLIAMS & OTTO B(Jv~Ja~ .~ Decker Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 14,2004 ): --"', ~~ () c:? ~-IJ -~~- C:':) c:' --.j -':", ~..? c.) en FRONTIER LEASING CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 0'-1- 303'1 SHREEJI, INC. and SHILPA PATEL, Defendants, and COMMERCE BANK, Garnishee IN RE: PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this J!;' day of October, 2004, a ]Ule is issued on the defendants to show cause why the motion of the plaintiff for a protectiv~: order ought not to be granted. This ]Ule returnable fifteen (15) days after service. BY THE COURT, fJl.L'~,_ ," ',_ C'" T; '-"'-!.J-ll'-,.;~,{. , 1'/: i-';U. ;ci~:'?'17iie!' 2F~/r,.h UU~v'CI Iv'-: r", rr,; ? "?-. V, i \) F:\FlLES\DA T AFILE\GeneraI\Current\1 I 229.2.res lmlrn Created: 10114103 11 :07 AM Revised: ,\: 1104 3:29PM FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LA W v. COMMERCE BANK, Garnishee DEFENDANT SHILPA PATEL'S Rl~SPONSE_ TO PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER AND NOW, comes DEFENDANT SHILPA PATEL, by and through her counsel, MARTSON DEARDORFF WILLIAMS & 0 TTO, and responds toP LAINTIFF FRONTIER LEASING CORPORATION'S motion, and in support thereof, avers as follows: 1. On or about June 29, 2004, Plaintiffbrought an aJ~tion in Cumberland County under this Court's jurisdiction against and among others, Responding Defendant, Shipa Patel. 2. On or about July 15,2004, Responding Defendant filed a timely response in the form of a Petition to Vacate Judgment. 3. Responding Defendant has noticed the deposition of Plaintiff. Plaintiff is an Iowa corporation doing business in Cumberland County, Pennsylvania. 4. Responding Defendant, in accordance with Pa.R.C.P. Rule 4007.1 ( e), named within the notice of deposition a general designee of Plaintiff consisting of an officer, director, managing agent, or other person who consents to testify on its behalf, either located in Pennsylvania or Iowa, or any other area of the country, to attend a deposition on November 8, 2004. A true and correct copy of the Notice to take Deposition is attached to Plaintiffs Motion for a Protective Order as Exhibit "A" and is incorporated herein by reference. 5. In response, Plaintiff has filed a Motion for a Protective Order, demanding that Responding Defendant permit a telephonic deposition. 6. Responding Defendant adamantly objects to a telephonic deposition, and insists that Plaintiff submit to an in-person deposition, for three primary reasons: a. Responding Defendant is attempting to build a factual record under P a.R. C.P. Rule 206.7. There will be no trial later for Responding Defendant to examine and/or question Plaintiffs designee making it imperative that Responding Defendant be granted the right to question and take testimony of the designee m-person. This will be Defendant's only chance, and the threat of irregularities in a telephonic deposition (coaching by unseen helpers, etc.) is sufficiently prejudicial to Defendant as to warrant an in-person deposition. b. Plaintiffs counsel wrongly insists that Responding Defendant's notice is directed at an Iowa designee and that it violates Pa.R.C.P. Rule 4012. However, it is Plaintiff who is creating the annoyance, burden, or expense, under Pa.R.C.P. Rule 4012, by its baseless argument that an Iowa designee must be present at the deposition. Plaintiff may send any officer, director, managing agent, or other person who conslents to testify on its behalf, either located in Pennsylvania or Iowa, or any other area of the country. c. Plaintiff not only brought the action in Cumberland County, but Responding Defendant is located in Cumberland County, Plaintiff conducts business in Cumberland County, and the cause of action arose in Cumberland County. Since Plaintiff has chosen to litigate this matter in Cumberland County, it must be willing to participate in the Rule 206.7 Petition/Rule process. 7. The purpose of a protective order is to shield parties from gross inconvenience, not their lawyers. Dettinger v. Fry Communications, 49 Pa. D. & C.3d 106, 110 (Pa.Com.PI. 1988). Responding Defendant believes that Plaintiffs counsel filed the Motion because counsel is more inconvenienced than Plaintiff. Plaintiffs counsel is located in Philadelphia. Plaintiff, on the other hand, does business in Cumberland County. 8. "It is incumbent upon the party requesting the relief to show the necessity of a protective order." EconMarketing Inc. v. Side II Associates Ltd., 17 Pa. D. & C. 4th 341, 344 (1992). Plaintiffs counsel has failed to establish a valid reason why a represe:ntative not from Iowa is unable to attend the deposition. Regardless, given the procedural process of the case and the fact that Plaintiff is seeking relief from a Cumberland County Court, an Iowa plaintiff should be compelled to attend the deposition even if no Pennsylvania representative is available to testify. 9. Responding Defendant believes that this lawsuit is unwarranted and part of an elaborate scheme to defraud itself and other individuals. Therefi)re, Responding Defendant requests that an in person deposition be permitted. Otherwise, Plaintiffs designee would be able to review records or notes during the deposition that have not been revealed to Responding Defendant's counsel. Further, Plaintiffs designee would have the opportunity to be counseled during the deposition without Responding Defendant's knowledge. See Knisley v. Commonwealth of PA, Unemployment Compo Rd. of Review, 93 Pa.Commw. 519,523 (l985). 10. It is imperative that Defendant be permitted to conduct an in person deposition and take testimony because of its belief that Plaintiff is fraudulently pursuing monies allegedly owed by Responding Defendant. WHEREFORE, Responding Defendant demands that Plaintiffs Motion be denied and that Plaintiff be ordered to send a designee to attend the November 8, 2004, deposition in person. Dated: November 1, 2004 MA~'fm~~ORFF WILLIAMS & OTTO ByJ.J.UsiL Carl C. Risch, Esquire LD. Number 75901 Christopher E. Rice, Esquire LD. Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Shipa Patel CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addJressed as follows: Brian R. Elias, Esquire ELLIOTT GREENLEAF & SIEDZIKOW"SKI, P .C. Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 Timothy A. Hoy, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 MARTSON DEARDORFF WILLIAMS & OTTO B . (2~ DJaJ ine A. Decker Ten ast High Stn~et Carlisle, P A 17013 (717) 243-3341 Dated: November 1, 2004 -- C:?' 6 \..lJ-r ,... ..,., '--' c.) 0:: :r.: 95 @8: ~L1J a:::r: ...... LL o N o .::;. .."r- 0: I ZiI'" o :;l: ..;:r c::::::l = c:--4 (.:: -;.."!" ~~5 .-c[ g'~~~ !',~~! '.:~,{;~ ..':: ~'<... ,.q~ ::s u FRONTIER LEASING CORP., Plaintiff vs. SHREEJI, INC. and SHILPA PATEL, Defendants, and COMMERCE BANK, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01.( - ?;tJ3lf ;,,;/ IN RE: PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND NOW, this ORDER ,. day of November, 2004" a brief argument on the within motion for protective order is set for Thursday, December 30, 2004, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~an R. Elias, Esquire For the Plaintiff vtarl C. Risch, Esquire < VChristopher Rice, Esquire For the Defendants ~mothy A. Roy, Esquire F or Garnishee :rlm BY THE COURT, ./" ,L /1/1 Kevin l. Hess, J. / ~ ~ On .04 \\' ., \;';\~\//\~ .'~.sr\ H~F:~j ,:J "t' 'n.~..' ,,-,'- I\.i.. \i J _:, i -'I'l""JJ ;, ,~1 I _' H 6 i"' 'II' "I :J. :.~\ 6 - AON ~(]Jl IU' "0' 'r,' .'0.' I I ""1H' j..... i\bll.l 'Nvrll 'Co] :J, 1 ~LI 3:Ji:!:lO-o31l:J. FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. COMMERCE BANK, Garnishee CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy ofthe subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTS ON DEARDORFF WILLIAMS & OTTO By CeLr1 ? d-- Christopher E. Rice Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendants Date: November 23, 2004 F: IFILESIDA T AFILEIGenerallCurrentl 11229.2.sub I/sjs Created: 12/22/9710.1424 AM ReVIsed, 11/02/0403 40 42 PM FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAM)COUNTY,PENNSYLVANlA v. SHREEJI, INC. and SHILP A PATEL, Defendants NO. 04-3034 CIVIL ACTION - LAW v. .,,~, '......._, COMMERCE BANK, Garnishee NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to :file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made, the subpoena may be served. MARTSON DEARDORFF WILLIAMS & OTTO B/~ ;,'(2 Carl C. Risch, Esquire LD. No. 75901 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendants Date: November 2, 2004 CXM-f)NWEM.TH OF PENNSYLVANIA COUNI'Y OF CUMBERLAND FRONTIER LEASIN:; CORPORATION, Plaintiff v. SHREEJI, INC., and SHILPA PATEL, Defendants File No. 04-3034 CIVIL v. COMMERCE BANK, Garnishee SUBPOENA TO PRODUCE DOC::Lt'ENTS OR lli I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 TO: Liberty Leasing Company, c/o Bob Culbert, agent, 5500 Westown Pkwy, Ste 120, W. Des Moines, (N<me of Person or Entity) Iowa 50266 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce ,the following docunents or things: any and all documents related to Shriiji, LLC, Shreeji, Inc., and Shilpa Patel at the law offices of Martson Deardorff Williams & Otto, 10 E. High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the doctments or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address 1 isted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. 1 f you fai 1 to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena Il'aY seek a court order cx::n:t-e 11 ir;g you to COOl> ly with it. lH 1 S SUBPOENA WAS 1 SSUED AT THE REQUEST OF THE FOLLON 1 NG PERSON: NAfwE: Christopher E. Rice, Esquire ADDRESS: 10 E. High Street Carlisle, PA 17013 TELEPHONE: 717-243-3341 SUPREME COURT 10 # 90916 ATTORNEY FOR: Defendant Shilpa Patel DATE: .A)oo J., ;LQ::.)'1 Seal of the Court' BY (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice Of Intent To Serve A Subpoena To Produce Documents And Things For Discovery Pursuant To Rule 4009.21 was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Brian R. Elias, Esquire ELLIOTT GREENLEAF & SIEDZIKOWSKI, P.C. Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 Timothy A. Hoy, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 MARTS ON DEARDORFF WILLIAMS & OTTO By. /L ~-. t2 Christopher. Rice, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Certificate Prerequisite to Service of a Subpoena Pursuant To Rule 4009.21 was served this date by depositing samt;: in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Brian R. Elias, Esquire ELLIOTT GREENLEAF & SIEDZIKO\VSKI, P.e. Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, P A 19422 Timothy A. Hoy, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 MARTSON DEARDORFF WILLIAMS & OTTO By CeJ~ S 12- Christopher E. Rice, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: November 23,2004 (') r--> 0 = c: = -n Z .z::- vp- % ~:n rn n C> Z:'""1'~ -< j3~ ~~~: N ) >lI'~~.,... W -' . ~C") 20 -0 :I!-H 40 :x 9~ >c: .s:- O ~ ~~ CJ) ~ FRONTlER LEASING CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SHREEJI, INC. and SHlLP A PATEL, Defendants, and NO. 04-3034 CIVIL COMMERCE BANK, Garnishee IN RE: PLAINTlFF'S MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this z. 'f" day of January, 2005, following argument thereon, the plaintiff s motion for protective order is granted and the parties are directed to conduct the deposition of the plaintiff s corporate designee in Iowa by telephone. This order is entered without prejudice to the defendants to schedule a deposition by video conferencing at the cost of the defendants and, should the plaintiff fail to cooperate in attending said video conference deposition, this protective order, upon subsequent motion, may be deemed vacated. BY THE COURT, / /Jd ~ian R. Elias, Esquire For the Plaintiff P'i\rl C. Risch, Esquire For the Defendants ;timothy Hoy, Esquire For the Garnishee RLED-OfECE Oc TP:;: pT)nT[)0~Jn~ll.QV I ""'_' ,,'~'-,,'~~"""" r~" 20DS JAIl 28 {h 10: 2 '3 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 3.33 .50 1.00 3.70 30.00 20.00 9.00 85.53 Sworn and Subscribed to before me this jL day of 7Y?~ 2005 A.D. ~',.P:.' ~~ 7 .~ othonotary ~ I~-J --... .~> :~:::.:::-~' ,:.,,'qASH.~13d ,-- ',...f', ~ ',.! !/' 11 [0 ,.. GS HDf A..Lhll :l;lIU3i1i' , '.\0 .,:,j.J Advance Costs: 150.00 Sheriffs Costs: 85.53 64.47 Refunded to Atty on 03111/05 ~~;.. R. Tho as Kline, Sheriff ~<--~ah- By f~"'; '''JnJ '''1., "~ !f. .~""" ~ /'iTJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3034 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FRONTIER LEASING CORPORATION Plaintiff(s) From SHREEJI, INC., 1070 TRINDLE ROAD, CARLISLE PA 17013 AND SHILPA PATEL, 5 GREENWICH DRIVE, CARLISLE P A 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND A VENUE, CARLISLE P A 17013 GARNISHEE(S) as follows: ATTACH ANY ACCOUNTS AND SERVE INTERROGATORIES UPON ABOVE GARNISHEE. 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 tbereof; (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $17,512.92 Interest FROM JUNE 29, 2004 Atty's Corom % L.L. $.50 Atty Paid $138.00 Plaintiff Paid Date: JUNE 29, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG ^ (Seal) By: REQUESTING PARTY: Name BRIAN R. ELIAS, ESQ. Address: UNION MEETING CORPORATE CENTER V 925 HARVEST DR., BLUE BELL PA 19422 Attorney for: PLAINTIFF Telephone: (215) 977-1000 Supreme Court lD No. 82938 p ~ ~ \' I\q\1 OJ..' ", \(gJ... (()J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONJTARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) for JURY trial at the next term of civil court. ( X for trial without a jury, pursuan,t to Loca~ Rul,e 215-1 ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) FRONTIER LEASING CORPOAATION, Civil Action - Law Appeal from Arbitration (X ) petition to vacate il'udgment (other) . (Plaintiff) vs. SHREEJI, INC. and SHILPA PATEG, The trial list will be called on and Trials commence on ( DefendaniS Pretrials will be held on (Briefs are due 5 days before pretrials. ) vs. COMMERCE BANK, (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 3034 Civil XI$ 2004 Indicate the attorney who will try case for the party who files this praecipe: Carl C. Risch, Esq., for the Defendants Indicate trial counsel for other parties if known: Brian R. Elias, Esq., for the Plaintiffs; Timothy A. Hoy, Esq., for Ccmnerce Bank This case is ready for trial. Signed: ~(tQQ Print Narre: Carl C. Risch Date: April 20, 2005 Attorney for: Plaintiffs .~, ' ,~, ~. C:.' <:~" FRONTIER LEASING CORPORATION,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHREEJI, INC. and SHILPA PATEL, DEFENDANTS V. COMMERCE BANK, GARNISHEE 04-3034 CIVIL TERM ORDER OF COURT AND NOW, this Z-- '\-- day of April, 2005, a bench trial on the within matter shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 9:00 a.m., Friday, June 3, 2005. ._---- By the Court, ./ / ( Edgar B. Bayley, J. ~an R. Elias, Esquire For Plaintiff ~rl C. Risch, Esquire For Defendants ~othY A. Hoy, Esquire For Garnishee \ ) ':\ lLll ~ o '-/ -22 -0.5 :sal .N ---" (""..1 N ~.>,~ ,",." , - \--\~ ....... ,_. u_ (.:: ------~------~-_._-- ---------- FRONTIER LEASING CORPORATION,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHREEJI, INC. and SHILPA PATEL, DEFENDANTS V. COMMERCE BANK, GARNISHEE 04-3034 CIVIL TERM AND NOW, this ORDER OF COURT l,{~ - day of May, 2005, the bench trial currently schedule for Friday, June 3, 2005, IS CANCELLED and rescheduled for Friday, June 17,2005, at 9:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. / By the.e6urt, / Edgar B. Bayley, J. ~ vfuian R. Elias, Esquire Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 For Plaintiff imothy A. Hoy, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 For Garnishee /~~ ~OS 05-0 ve;;;.1 C. Risch, Esquire Ten East High Street Carlisle, PA 17013 For Defendants :sal -',i i. AiJ,Y O I ' "I t - ; !.1l1 ~I{Hn : (1 ',:",\r '1 /,'~ ;.'~ SUti~ !,.::>-;:i 3Hl :IO ~:; ~~': :'~ :.! (}--CJ.jll:1 FRONTIER LEASING CORPORATION,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SHREEJI, INC. and SHILPA PATEL, DEFENDANTS V. COMMERCE BANK, GARNISHEE 04-3034 CIVIL TERM IN RE: PETITION TO VACATE FOREIGN JUDGMENT AND NOW, this BEFORE BAYLEY, J. ORDER OF COURT ~l)~ day of June, 20m), the judgment entered against Brian R. Elias, Esquire Union Meeting Corporate 925 Harvest Drive Blue Bell, PA 19422 For Plaintiff nter V ~, -.)1-af- / >0- 0:' !2.; ~s: rce) !.I..... -I'~ 2;- F , c) 0.:: :::iC- u:lU IE u_ o ...:;f' N ~'- "'" r-- N '":':- :.5 ...., '-"> = = '''''' - 04-3034 CIVIL TERM Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 For Shilpa Patel Timothy A. Hoy, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 For Garnishee :sal -2- FRONTIER LEASING CORPORATION,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHREEJI, INC. and SHILPA PATEL, DEFENDANTS V. COMMERCE BANK, GARNISHEE 04-3034 CIVIL TERM IN RE: PETITION TO VACATE FOREIGN JUDGMENT BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., June 27, 2005:-- On September 8, 2000, defendant, Shilpa K. Patel, signed a lease as President of defendant, Shreeji, Inc., for an ATM machine from Liberty Leasing Company, a division of Commercial Federal Bank. The lease, which walS assigned by Liberty Leasing to plaintiff, Frontier Leasing Corporation, is for $289 a month for 49 months. Paragraph 8 of the lease provides: Remedies: If you are in default, we can require that you pay the remaining balance of this Lease, which is the present value of aI/ future rents due under this lease discounted at a rat,e equal to discount rate of Federal ReseNe Bank of Kansas City as of the date of the judgment plus 1 %, and retum the equipment to us. We can also use any of the remedies available to us under the Uniform Commercial Code or any other law. You agree that this Lease shall be performed by lessee in Des Moines, Polk County, Iowa, and any suit on this lease shall be proper if filed in Des Moines, Polk County, Iowa. If we refer this Lease to an attomey for col/ection, you agree to pay our reasonable attomey's fees and actual costs. If we have to take possession of the equipment, 04-3034 CIVIL TERM you agree to pay the cost of repossession and storage. You agree that we will not be responsible to pay you any consequential or incidental damages for any breach by us under the Leclse. (Emphasis added.) Paragraph 5 of the lease provides: Applicable Law: YOU AGREE THAT THE LAWS OF IOWA WILL APPL Y TO THIS LEASE. On the same document, Shilpa K. Patel signed the following individual Guaranty: I guarantee that the Lessee/Customer will make all payments and pay all other charges required under the Equipment Lease Agreement when they are due and will perform all other obligations under the Equipment Lease Agreement fully and promptly. If the Lessee/Customer defaults, I agree to be bound by, and will immediately pay, in accordance with the provisions of the Equipment Lease Agreement all sums due under the original terms of the Equipment Lease Agreement. I will reimburse you for all expenses you incur in enforcing any of your rights against the Lessee/Customer or myself, including attorney's fees. This guaranty is unconditional and will not be affected by your renewing, extending, or modifying the underlying lease with the Lessee, nor do you need to SUl9 the lessee first, and we waive notice of acceptance, presentment, demand, protest and notice of nonpayment by Lessee. Shilpa Patel executed the lease and guaranty in Pennsylvania in the presence of a Philadelphia representative of the lessor. Pursuant to thE! lease, the A TM machine was delivered and utilized in Pennsylvania. Shilpa Patel has never been to Iowa and has had no contact with anyone in Iowa. On April 20, 2004, Frontier Leasing Corporation obtatined a default judgment against Shreeji, Inc., and Shilpa Patel in the Iowa District CQurt for Polk County. A judicial order was entered stating that the court had jurisdiction over Shreeji, Inc., and Shilpa Patel, and that the lessee was in default of its obligallions under to the lease. A default judgment in the amount of $17,512.92, plus interest, was entered against -2- 04-3034 CIVIL TERM Shreeji, Inc., and Shilpa Patel as guarantor. On June 29, :2004, the judgment from Iowa was entered in Cumberland County against Shreeji, Inc., sind Shilpa Patel. Plaintiff garnished a personal account of Shilpa Patel in Commerc(~ Bank in Carlisle. On July 15, 2004, Shilpa Patel filed a petition to vacate the judgme,nt, claiming that it should not be accorded full faith and credit in Pennsylvania because the court in Iowa lacked personal jurisdiction over her. A Rule to show cause was entered which was answered by plaintiff with new matter. Patel replied to the new matter and a hearing was conducted on June 17, 2005. Whether the court in Iowa had personal jurisdiction over Shilpa Patel requires due process under the 14th Amendment. Due process requires that the defendant have sufficient contacts with the forum such that granting jurisdiction would not offend traditional notions of fair play and substantial justice. See International Shoe Co. v. Washington, 326 U.S. 310 (1945). The Superior Court of Pennsylvania set forth in J.C. Snavely & Sons, Inc. v. Springland Associates, Inc., 411 Pa. Super 1 (1991): Random, fortuitous or attenuated contacts dCI not constitute the requisite minimum contacts. Nor will the existence o,f a contract with an out of state party, alone, suffice to establish juri!ldiction. The court must consider whether the defendant should reasonably anticipate being haled into court as a result of conduct and connections with the forum state. It is critical that the defendant avail himself of the privilege of conducting activities in the forum state and that it is not merely the result of unilateral activity on the part of a third person or another party. (Emphasis added.) (Citations omitted.) The evidence in this case clearly shows that the court in Iowa did not have the requisite minimum contact with Shilpa Patel to exercise general personal jurisdiction over her. -3- 04-3034 CIVIL TERM Alternatively, plaintiff maintains that the terms of the Guaranty conferred specific personal jurisdiction of the Iowa Court over Shilpa Patel. In J.e. Snavely & Sons, Inc., a Pennsylvania Corporation with its principal place of business in Landisville, Pennsylvania, entered into an agreement to supply buildinll materials to Springland Associates, Inc., a Delaware Corporation with its principal place of business in New York. The Vice President of Springland Associates, Inc., Charles Knapp, a resident of New York, signed as personal guarantor to a credit agreement between the companies. Knapp visited the Snavely & Sons factory in Pennsylvania lwo or three times to evaluate the product for his employer. There were no further contacts between Knapp and Pennsylvania. After concluding that there were insuffi<:ient minimum contacts to exercise general personal jurisdiction over Charles Knapp, the Superior Court stated: Additionally, there exits no support for a finding of specific jurisdiction. The guaranty between Mr. Knapp and appellant constitutes a separate and independent contract. (Citation omitted.) In the case sub judice, the Guaranty, unlike the lease, does not contain a consent to be sued in Iowa. Notwithstanding, plaintiff argues that the following provision in the separate Guaranty that Patel signed constitutes her agreement to subject herself to a suit in Iowa: If the Lessee/Customer defaults, I agree to be, bound by, and will immediately pay, in accordance with the provisions of the Equipment Lease Agreement all sums due under the original terms of the Equipment Lease Agreement. While the Guaranty provides that Patel pay all sums due in accordance with the provisions of the equipment lease, it does not incorporate the Remedies provision in -4- 04-3034 CIVIL TERM Paragraph 8 of the lease. Accordingly, there being no provision in the Guaranty whereby Patel consented to personal jurisdiction in Iowa, there was no specific personal jurisdiction over her. For the foregoing reasons, the judgment entered against Shilpa Patel in Iowa will not be afforded full faith and credit in Pennsylvania.' ORDER OF COURT AND NOW, this ~ day of June, 2001;, the judgment entered against defendant, Shilpa Patel, at No. 04-3034, IS STRICKEN. ~ ,/ By theyoGrt, ~ Brian R. Elias, Esquire Union Meeting Corporate Center V 925 Harvest Drive Blue Bell, PA 19422 For Plaintiff I Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 For Shilpa Patel Timothy A. Hoy, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 For Garnishee :sal , This resolution makes it unnecessary to decide plaintiffs claim for attorney fees and expenses. -5- FRONTIER LEASING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHREEJI, INC., and SHILPA PATEL, Defendants CIVIL ACTION - LAW V. COMMERCE BANK, Garnishee NO. 04-3034 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on June 17, 2005, at 9:35 a.m. in Courtroom Number Two. APPEARANCES: BRIAN R. ELIAS, Esquire For the Plaintiff CHRISTOPHER E. RICE, Esquire For the Defendants FOR THE DEFENDANTS I. Shilpa Patel FOR THE PLAINTIFF I. Suzanne Schoofs INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 6 12 25 31 35 2 INDEX TO EXHIBITS FOR THE DEFENDANTS MARKED ADMITTED 1. Liberty Leasing agreement 6 6 FOR THE PLAINTIFF 1. Lease application 24 25 2 . November 1, 1999, letter to 24 25 Shilpa Patel 3. February 9, 2000, letter to 24 25 Shilpa Patel 4. Acknowledgment and acceptance 24 25 of equipment 5. Response to interrogatories 24 25 6. Invoices 35 35 3 1 June 17, 2005, 9:35 a.m. 2 Carlisle, Pennsylvania 3 (Whereupon, the following proceedings 4 were held:) 5 THE COURT: Sorry to hold you up, folks, but 6 now we can get rolling here. Just tell me briefly what this 7 is about. 8 MR. RICE: Well, Your Honor, we filed a 9 petition to vacate a judgment from Iowa. Right now we have 10 the defendant, Shilpa Patel, and she will testify as to -- II she signed as guarantor. The judgment is against her as 12 well. We believe there was no personal jurisdiction over 13 her. 14 THE COURT: All right. 15 MR. ELIAS: Good morning, Your Honor, Brian 16 Elias for the plaintiff. A couple issues. In addition to 17 claiming she lacks jurisdiction, Ms. Patel also asserts that 18 although she signed the lease as president of the corporate 19 defendant Shreeji, Inc., she has no idea who that party is. 20 She signed numerous documents as president of 21 that entity. That's the reason Frontier got a judgment 22 against that entity, but she has no idea who that entity is. 23 We would like this Court to enter judgment 24 against the proper corporate defendant that used the ATM 25 that generated $30,000.00 in profits from the ATM. 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Additionally, we also contest the legal argument that the guarantor is not subject to Iowa jurisdiction because the lease specifically contains a consent to jurisdiction in Iowa. Finally, Your Honor, Frontier has filed new matter asking for the judgment that is already entered in this court to include the fees and costs incurred by Frontier in collecting on the judgment. The judgment in Iowa specifically provides for that and included Iowa costs which are very minimal. And it also specifically states the judgment should in the future include any fees and costs going forward in the enforcement of the judgment. THE COURT: Okay. MR. ELIAS: Thank you, Your Honor. THE COURT: Let's take the evidence. MR. RICE: If I may, a preliminary matter, I first have a pretrial memorandum. THE COURT: Sure. MR. RICE: And then also counsel and myself have stipulated to the agreement at issue. If I could just enter that now THE COURT: MR. RICE: You may. -- as an exhibit. 5 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, Defendant Patel's Exhibit No. I was marked for identification.) THE COURT: Do you agree that it be admitted? MR. ELIAS: No objection, Your Honor. THE COURT: The Defense Patel Exhibit No.1, the Liberty Leasing Company document, is admitted. MR. RICE: I would like to call my first witness, Mrs. Shilpa Patel, please. Whereupon, SHILPA PATEL, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. RICE: Q Good morning. A Good morning. Q Could you please state your name for the record. A My name is Shilpa Patel. Q And could you spell that. A S-h-i-I-p-a, last name P-a-t-e-l. Q And where do you currently reside? A 5 Greenwich Drive, Carlisle, PA. Q Are you currently working? A Yes. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And where are you working? A I'm a manager at Getty Mart. Q And do you own a business? A Yes. Q And what is the name of that business? A Shriji, LLC. Q Could you spell it, please. A S-h-r-i-j-i. MR. RICE: May I approach the witness at this time, Your Honor? THE COURT: Yes. BY MR. RICE: Q What I'm handing to the witness is Defendant Patel's Exhibit I. Could you please tell me, do you recognize this document? A Yes. Q And what is it? A It's a lease agreement. Q And did you draft this document? A No. Q Did you type any of the words on either side of this document? A No. Q Did you type your name -- A No. 7 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q document? A Q -- on this document? No. Did you sign this document? Yes. And how many times did you sign this Two times. And could you point out for the record where you signed the document. If you can just describe what it's under. A Under guaranty. Q And where else did you sign? A Under lessee. Q And under the lessee, can you please tell me in what capacity did you sign? A Making agreement of the ATM machine. lease for ATM. BY MR. RICE: Q the president? A Q THE COURT: THE WITNESS: I'm sorry. In what capacity? In the lease --- signing the THE COURT: For an ATM. And were you signing as an individual or as As the president. And the president -- excuse me, strike that. 8 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 And then the second signature, where again did you sign? A As an individual. Q And where is that located? A On the bottom, left-hand side on the bottom. Q Is that underneath the guaranty? A Yes. Q And as signing as the guarantor, what terms did you agree to? A To the terms for the application of the Equipment Lease Agreement. Q And is that limited to those within the guaranty? A Yes. MR. RICE: And at this time, Your Honor, if we could stipulate, this is the only copy I had, but the guaranty paragraph itself, where it lists guaranty, that's paragraph 5. Is that 5? MR. ELIAS: Yes. BY MR. RICE: Q So under paragraph 5, which is the guaranty, is there anything else that you read as the guarantor when you signed that? A No. Q At anytime did you believe you were agreeing to any of the terms above paragraph 5 on the front? 9 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Now, if you could turn the page over. When you signed as a guarantor, were there any terms on the back that you were agreeing to? No. Did you initial on the back of the lease? Yes. And where did you initial? On the bottom where it says lessee initials. And in what capacity did you initial this A Q A Q A Q document? A Q As lessee. And, again, just to confirm what you had told us, so you're basically saying that as the guarantor the only thing that you were representing you agreed to was paragraph 5? foul. MR. ELIAS: THE WITNESS: THE COURT: Objection, Your Honor, leading. Yes. She answered yes. No harm, no MR. ELIAS: Thank you, Your Honor. THE COURT: She signed what she signed. MR. ELIAS: Thank you, Your Honor. BY MR. RICE: Q Have you ever been to Iowa? 10 I 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 A No. Q Have you ever contacted Liberty Leasing in your individual capacity? A No. Q Have you ever had any transactions in Iowa? A No. Q Do you have any connections to Iowa? A No. Q Currently, as an individual, do you maintain a bank account? A Yes. Q And where is that bank account? A In Commerce Bank. Q And where is that branch located? A Carlisle. Q And what is the status of your account? A It's on hold. Q And why is your account on hold? A Because they said I signed as individual. Because I signed as an individual, and my account is individual also. It's not on business. Q Mrs. Patel, could you please tell me, did you reasonably expect to be haled into an Iowa Court by signing as the guarantor? A No. 11 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RICE: I have nothing further, Your Honor. THE COURT: Cross-examine. MR. ELIAS: Thank you, Your Honor. CROSS EXAMINATION BY MR. ELIAS: Q Do you know what the entity Shreeji, S-h-r-e-e-j-i, Inc., is? A No. Q I believe you already testified that you signed this lease document D-I in the capacity as the president? A Yes. Q The president of Shreeji, Inc.? A Yes. MR. RICE: Your Honor, I would like to object to this line of questioning. We're here based on the guarantors whether there's personal jurisdiction over her. THE COURT: I will allow it. MR. ELIAS: Well, if I may respond, Your Honor. We're also here on new matter and to get the judgment against the entity that used the machine. THE COURT: I will allow it. BY MR. ELIAS: Q So you signed as president of Shreeji, Inc., 12 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 is that correct? A For S-h-r-i-j-i and when I signed it THE COURT: Wait. Wait. You signed for Shreeji, Inc., right? THE WITNESS: Shriji, LLC. BY MR. ELIAS: Q That's who you believed you were entering the lease on behalf of? A Yes. Q So you thought your entity that you owned, S-h-r-i-j-i, LLC, was the entity that was actually leasing the ATM? A Yes. It is from day one Shriji, LLC, S-h-r-i-j-i. Q And that entity was responsibile for paying for the lease? A Yes. Q Paying for the ATM? A Yes. MR. ELIAS: May I approach, Your Honor? THE COURT: Sure. 22 MR. RICE: Your Honor, I'm going to object to 23 any other documents based on the Parole Evidence Rule. We 24 have the document at issue, the contract which this whole 25 lawsuit is based off of. I believe everything else would be 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 excluded. The document speaks for itself. THE COURT: I need an offer then. MR. ELIAS: Well, Your Honor, we're just trying -- I have a stack of documents, Your Honor. THE COURT: Okay. Go ahead. MR. ELIAS: Through which this witness signed as president of S-h-r-e-e-j-i, Inc. I have two letters that were sent to Ms. Patel as president of S-h-r-e-e-j-i, Inc. THE COURT: What is the purpose for admitting them? MR. ELIAS: She testified that she thought she was signing on behalf of S-h-r-i-j-i, but she received letters. I mean, I anticipate she might say, well, I didn't put this up there. THE COURT: The objection is overruled. You may proceed. MR. ELIAS: Thank you, Your Honor. Let me get a copy for the Court. May I approach the witness, Your Honor? THE COURT: Yes. MR. ELIAS: Would you like a copy, Your Honor? THE COURT: No. Go ahead. BY MR. ELIAS: Q I've placed before you, Ms. Patel, a lease 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application. Do you recognize this document? A Yes. Q Is that your signature down on the right-hand bottom corner? A Yes. THE COURT: What is it marked? Have you marked it? MR. ELIAS: I haven't marked it yet. THE COURT: Okay. MR. ELIAS: I could do it now or wait until the end. THE COURT: The lease application? MR. ELIAS: Lease application. BY MR. ELIAS: Q That is your signature? A Yes. Q Do you see the top left-hand corner where it says S-h-r-e-e-j-i, Inc.? A Yes. Q So you are signing this on behalf of Shreeji, S-h-r-e-e-j-i? A That's what I need to tell. Day one when Bob Citro (phonetic) was the credit card -- the Liberty, Inc., salesperson, I mention him so many times that this is not the right word, you need to change it, and he said I'll get 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back to you. He never got back to me. I have mentioned him several several times. MR. RICE: Your Honor, if I can object again. I think it's already made clear that she signed, and it's the lease stated Shreeji, e-e. This documentation, if it confirms or denies that, it doesn't matter. She's already admitted to signing the lease agreement. THE COURT: It may not, but I am going to allow it. MR. RICE: THE COURT: MR. ELIAS: Thank you. Go ahead. Thank you, Your Honor. BY MR. ELIAS: Q I'm going to show you two more documents which are in that packet. It's a November 1st, 1999, letter and a February 9th, 2000, letter from Liberty Leasing. Do you recall receiving these documents? A Yes. Q Do you see the top where it's addressed? Is that your name, Shilpa Patel? A Right. Q Underneath is Shreeji, Inc., S-h-r-e-e-j-i, Inc.? A Right. Q Do you recall receiving these? 16 I 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 A Yes. Q Did you ever call Liberty Leasing Company, any sum or substance, tell them, hey, you got the wrong corporation here? A But I never have to call the leasing company because the salesperson of the leasing company was dealing with me, and he was coming there all the time and I mention him -- THE COURT: So the answer is you didn't? THE WITNESS: THE COURT: MR. ELIAS: No. Next question. Thank you, Your Honor. BY MR. ELIAS: Q You read the entire lease agreement before you signed it, correct? A Not really. Q No. I want to show you what I'll represent to you are your responses to interrogatories in this case. Please turn back to that question. Do you see interrogatory number 7? A Yes. Q Do you see where it says, Did you read the Equipment Lease Agreement before you admittedly executed the guaranty, question mark? A Yes. 17 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 Q Do you see the answer? A Yes. Q If you could turn to the very back of that document, the second to last page, Ms. Patel. Do see verification signed by you? A Yes. Q So did you read the entire lease agreement before you signed it? A Just the front page, not really the whole thing, not really the whole agreement, but I read the front page, yes. It was regarding the Liberty Leasing, and I was leasing ATM machine. But I didn't go through the whole agreement Q So your answer to interrogatory A each and every line. THE COURT: Go ahead. Finish your answer. THE WITNESS: Each and every line I didn't read that. I just read the front page, and that's why I answered yes, that I read agreement, but not the whole thing, the front top page. BY MR. ELIAS: Q Well, that doesn't say that in your answer to interrogatory, does it? THE COURT: That speaks for itself. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. ELIAS: Q Ms. Patel, you agree the Equipment Lease Agreement is two pages, correct? A Yes. Q I'm going to show you another document, Ms. Patel. That document says acknowledgment and acceptance of the Liberty equipment. Do you see that? MR. RICE: What document are you looking at? MR. ELIAS: It's in the packet of documents I gave you. BY MR. ELIAS: Q Do you see where it says acknowledgment and acceptance of delivery of equipment? A Urn-hum. Q Is that your signature at the bottom right-hand corner of that page? A Yes. But someplaces it says Shilpa V. Patel. Some places it THE COURT: Wait. Ma'am, you have just got to answer the questions. That is your signature, right? THE WITNESS: Yes. THE COURT: Next question. BY MR. ELIAS: Q Do you own a hundred percent of Shriji, LLC, S-h-r-i-j-i, LLC? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Fifty percent. Q Did you ever own one hundred percent? A A long time ago, yes. Q When you signed that lease were -- A Well, from the day one the LLC corporation has 50 percent I own. Q When you signed that lease application which is A Fifty percent it was. THE COURT: Ma'am, hold on. You have got to let him finish the question and then you answer. Ask that question again so I know what the question was. MR. ELIAS: Sure, Your Honor. BY MR. ELIAS: Q When you signed the lease application, which I've just put in front of you, and it's dated September 24th, 1999, what percentage of S-h-r-i-j-i, LLC, did you own? A Fifty. Q Can you look at that document. A Urn-hum. Q Do you see where it says your name handwritten Shilpa K. Patel? A Urn-hum. Q And then two lines down the title is 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 president? A Yes. Q And when you wrote president, you meant president of Shriji, S-h-r-i-j-i, correct? A Yes. Q And there it says percent ownership one hundred percent. That's not correct? A I didn't write that. Q But that's incorrect? A Yeah, that's correct, but I didn't write that. Q But you signed this document? A Yes. Q Where is the ATM -- strike that. When you enter the when you first took possession of the ATM, who took possession of it? A The company. Q And that company is? A Shriji, S-h-r-i-j-i. Q The LLC? A LLC. Q Are they in possession of the ATM right now? A Yes. Q Who is the other 50 percent owner of that entity? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Shantilal Patel. Q Is that your husband? A No. Q Who is that? A He's a brother-in-law. THE COURT: THE WITNESS: THE COURT: MR. ELIAS: I'm sorry, what? He's my brother-in-law. Your brother-in-law. Thank you. BY MR. ELIAS: Q And that ATM generates $500.00 a month in profit, correct? A I never got the commissions. The company never paid commissions, eight months worth of commissions to me. Q If I could direct your attention, Ms. Patel, to your interrogatory number 11. See where it says, Identify by month and year the amount of revenues generated by the ATM that is the subject of the Equipment Lease Agreement. Do you see that? A I got -- yes. Q Do you see that? Do you see where the answer says approximately $500.00 each month? A Yes, I was getting it. Q If you could turn to the next page, 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interrogatory number 12. It says, Identify by month and year the amount of profits generated by the ATM that is the subject of the Equipment Lease Agreement. Do you see that? A Yes. Q And you see where the answer says, See answer to number 11, which was the previous answer? A Yes. Q Do you recall being served with the complaint or the petition from Iowa? A Pardon me? Q Do you recall being served with the petition from the Iowa Court? A Yes. Q You do? A Yes. Q Do you recall receiving notice of that? A Yes. Q Do you recall receiving notice of that before learning of the judgment? A Yes. Q I'm going to show you the first page of your petition filed with this Court to vacate judgment, referring to paragraph 6. Do you see that at the very bottom? A Yes. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can you read that? A Defendant or Petitioner Patel never received the notice of this petition. Q And if you read above it, that's referring to the petition from Iowa, isn't it? A Yes. Q That's false, correct, paragraph 6 is false, you received notice? A Yeah, I received notice. Q So that paragraph is false? A Yes. MR. ELIAS: No further questions, Your Honor, other than moving in the exhibits. THE COURT: Well, you are going to have to mark them. MR. ELIAS: I will, Your Honor. THE COURT: Let's mark them now so I know which one is which. Get them all marked, and then we will go over them. (Whereupon, Plaintiff's Exhibits 1 to 5 were marked for identification.) MR. ELIAS: Plaintiff's 1, Your Honor, is the lease application. Plaintiff's 2 is the November 1st, 1999, letter to Ms. Patel. THE COURT: 11/1/99? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ELIAS: Is number two, correct, Your Honor. Three is the February 9th, 2000, letter. Four is the acknowledgment and acceptance of delivery of equipment. THE COURT: Hold on. Okay. MR. ELIAS: And five, Your Honor, would be the witness' response to interrogatories. THE COURT: Did you move for their admission? MR. ELIAS: I move their admission, Your Honor. THE COURT: You still object? MR. RICE: Yes, I do, Your Honor. THE COURT: They are admitted. Any redirect? MR. RICE: Yes, Your Honor, briefly. THE COURT: Sure. REDIRECT EXAMINATION BY MR. RICE: Q Ms. Patel, can you tell me, did you draft any of the documents that counsel has just shown you? A No. Q Did you have any input into those documents other than communications with the salesman? A No. Q So your only role in creation of these documents or I guess you took no role in the creation of these documents? 25 1 A 2 3 4 No. Q The only role you did take was signing A Yes. ~ , Q -~ where you were told to sign in accordance 5 with the salesperson's instructions? 6 7 A Yes. Q Ms. Patel, at the time you received notice of 8 the judgment, did you understand what you were receiving? 9 10 A No. Q Was it only after you spoke with counsel that 11 you understood what you were receiving? 12 13 14 BY MR. RICE: 15 MR. ELIAS: Objection, Your Honor, leading. THE COURT: Sustained. Next question. Q Ms. Patel, who explained to you the 16 Defendant's Patel's Exhibit 1, the lease? Who explained 17 that to you before you signed it? Did anyone go over it 18 with you? 19 20 21 it? 22 23 24 25 A No. Q Was the salesperson present when you signed A Yes. Q Did he instruct you where to sign? A Yes. Q Ms. Patel, I just have one more question. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You stated that you didn't receive any commissions. Could you explain that, please? A I received a commission. I never said no. I received the commissions but the last month -- the last eight months when the credit card company was going to go bankrupt. I have made several trips to their company, where Liberty Leasing office was, in the same office where credit card company was, and they never wanted to respond to us or they never paid eight months worth of commissions to us. Q Can you explain that you said somebody was going to go bankrupt? A Yes. Q And who was that? A Credit card company. Q And what was their role? A And maybe the leasing company also because they were affiliated in the same office. And I had went there to Philadelphia, made several trips regarding to talking to somebody, and nobody was wanting to talk to you, and they would take you outside of the building and just explain to you, you'll receive your checks. Q So there were two separate companies? A Yes. Q So Liberty Leasing leased you the ATM? A Yes. And the credit card service was 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to provide us the services, but it was the same salesperson. Q But the credit card company you said filed bankruptcy? A Yes. And they never paid eight months of commissions to us. Q And Liberty Leasing still tried to collect -- A Yes. Q -- for rental fees? A Yes. Q Even after their -- MR. ELIAS: THE COURT: MR. RICE: Objection, Your Honor, leading. Sustained. Strike that. I have nothing further. THE COURT: Anything else? MR. ELIAS: No, Your Honor. THE COURT: Ma'am, you may step down. MR. RICE: Your Honor, at this time plaintiff rests, and as you would like, I believe that they have proved their case and that the petition should be -- the judgment should be vacated based on the facts presented before this Court. THE COURT: Okay. MR. ELIAS: Well, Your Honor, we obviously 28 1 disagree. The motion should be denied. The guaranty -- 2 THE COURT: The motion is denied. I will 3 take all of the evidence here. Do you have evidence? 4 MR. ELIAS: I have evidence for new matter, 5 Your Honor, as far as the legal fees and costs. 6 THE COURT: I am not going to rule on the 7 merits at this point. So you have completed your case, and 8 as far as the defense of that case on a petition to open, 9 you rest? 10 MR. ELIAS: That's correct, Your Honor. 11 THE COURT: I am not going to rule on it at 12 this point. Let's take care of the -- is there a 13 counterclaim? 14 MR. ELIAS: New matter in the form of a 15 counterclaim, if you will, Your Honor, for the fees and 16 costs incurred in Pennsylvania in enforcing the judgment. 17 THE COURT: Okay. 18 MR. ELIAS: And that is where we have a 19 witness in Iowa who is waiting by the phone. 20 THE COURT: All right. Get him on. 21 MR. RICE: Your Honor, I'm going to object to 22 this. 23 THE COURT: Hold on. Go ahead. 24 MR. RICE: I'm just objecting based on 25 relevance. The point of this hearing is whether there's 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 personal jurisdiction over the guarantor or not. That is the only issue before the Court. MR. ELIAS: I disagree, Your Honor. Our new matter is very clear. THE COURT: They have combined this claim. I am going to hear it. Whether you are right or not, I will have to decide, but I am going to get the evidence in and go from there. MR. RICE: Thank you, Your Honor. (Whereupon, the following testimony was taken via speakerphone:) MR. ELIAS: Susie, it's Brian. Can you hear me? THE WITNESS: MR. ELIAS: I can hear you. You are on live in open court in front of Judge Bayley. THE WITNESS: THE COURT: Good morning, Judge. Good morning. Is this your witness? MR. ELIAS: This is my witness, Your Honor. This is Suzanne Schoofs from Frontier Leasing Corporation. THE COURT: How do you spell your last name, ma'am? THE WITNESS: THE COURT: I'm sorry, that I did not hear. How do you spell your last name? 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 How do you spell your last name? THE WITNESS: S, as in Sam, c-h-o-o-f, as in Frank, S, as in Sam. THE COURT: If you will raise your right hand, my stenographer will swear you in. Whereupon, SUZANNE SCHOOFS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. ELIAS: Q Good morning, Susie, this is Brian. A Hi, Brian. MR. ELIAS: May I approach and place my documents over here? THE COURT: Yes. THE WITNESS: I'm sorry? MR. ELIAS: One second, Susie. THE WITNESS: Okay. BY MR. ELIAS: Q Ms. Schoofs, could you describe for the Court your position at Frontier Leasing? A I'm the accounts manager and the director of litigation, and in that capacity I'm responsible for all of the leases once they fall on the books. This would include, you know, overseeing proper postings of collections, to 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 default, to litigation. It also includes early terminations, anything to do with leases once they're on the book. Q So for the purposes of having it clear on the record, I'm going to try to recap what you said, Susie. Once the lease is signed and on Frontier Leasing's books, if you will, you take control over it? A I oversee it, correct. Q You oversee it. Okay. You previously -- did you previously work for Liberty Leasing Company? A Yes, I did. I had the same job there that I have here. Q Did Liberty assign the lease at issue in this case to Frontier Leasing? A Yes, it did. Q Are you the individual at Frontier most familiar with the lease at issue in this case? A Yes, I am. Q Did the lessee on this lease default prior to commencing an action against defendants in Iowa State Court? A Yes, they did. Q Subsequent to Frontier obtaining the judgment in Iowa, what if anything did Frontier do to enforce its right under the lease and to collect the amounts due and owing on the lease? 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A We took an Iowa judgment, and then we sent it to your firm, Brian, for domestication and execution. Q And my firm Elliott, Reihner and Siedzikowski? A Yes. Q Do you have in front of you, Susie, a packet of invoices? A Yes, I do. Q The first invoice is dated June 8th, 2004? A That's correct. Q And there's a number of invoices in this packet, correct? A Yes, there are. Q Had Frontier received all of these invoices in the normal course of business individually as they were sent to my law firm? A Yes, they did. Q Did you personally receive the invoices? A Yes, I did. Q Did you personally review all of the invoices? A Yes, I did. Q Did Frontier pay these invoices? A Yes, we have. Q And to the extent any invoices are not 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 satisfied because maybe it's not due yet, does Frontier acknowledge the invoices as an accounts payable? A Yes. Actually, any invoices we received are in line right now. Q What services, Ms. Schoofs, did Frontier receive from Elliott, Reihner and Siedzikowski? A We received your legal services for the domestication and execution of the judgment. Q You're also familiar with why we're in court today, Ms. Schoofs, and that's because the defendant's trying to vacate the judgment, correct? A That's correct. Q And part of the services that Elliott, Reihner and Siedzikowski performed for Frontier is opposing that, correct? A That's correct. Q And that includes -- do you recall, Ms. Schoofs, that the defendants tried to get you to come to Pennsylvania for a deposition? A Yes. Q And MR. RICE: THE COURT: we got you squared away. MR. ELIAS: I object, Your Honor. If you tried to get a deposition, We are taking it right here. Thank you, Your Honor. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. ELIAS: Q Susie, did Frontier incur all of the costs and fees that's represented on these invoices? A Yes, we did. Q And they were all incurred in enforcing Frontier's rights under the lease, correct? A That's correct. MR. ELIAS: We move for the admittance of the invoices, Your Honor. THE COURT: Admitted. Are they marked? MR. ELIAS: Not yet, and I forget the number. THE COURT: Let's mark them. Six I think. MR. ELIAS: I think six, Your Honor. (Whereupon, Plaintiff's Exhibit No.6 was marked for identification.) THE COURT: Cross examination. THE WITNESS: I'm sorry, was there something further? MR. RICE: Yes. CROSS EXAMINATION BY MR. RICE: Q My name is Chris Rice. I'm counsel for Defendant Shilpa Patel. I have a couple of questions for you, okay. A Okay. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can you just tell me what have you paid your counsel up to this point? A Just a moment here. To this point probably between my Iowa counsel and my -- Q No, just your counsel in Pennsylvania, please. A I don't have that breakdown. If you can hold one moment, I can get that for you. Q Sure. A Okay. I apologize. I have them together. As of today, $9,800.28. Q Who approves these bills? A I'm sorry? Q Who approves payment of these invoices? A I did and then the owner of the company. Q Okay. Thank you. MR. ELIAS: I have no redirect, Your Honor. THE COURT: All right. Ma'am, you are excused. Thank you. MR. ELIAS: Thanks, Susie. THE WITNESS: Is that it? MR. ELIAS: That's it. I'll call you in a little bit. THE WITNESS: Thank you. THE COURT: Anything further? 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ELIAS: No, Your Honor. Thank you very much for allowing us to have the witness by telephone. We really appreciate that, Your Honor. MR. RICE: Your Honor, I just want to put an objection on the record to the reasonableness of these fees and also the lack of information as to what legal services were actually provided. THE COURT: Your objection is noted. Exhibit No. 6 has already been admitted. Anything further? MR. ELIAS: Real quickly, Your Honor. The invoices have all been produced in advance of this to THE COURT: I overruled the objection. MR. ELIAS: I have another point. THE COURT: Wait a minute. Any further evidence? MR. ELIAS: THE COURT: MR. RICE: THE COURT: No further evidence, Your Honor. Anything further from you? Just closing, Your Honor. The record is closed. Now, we are going to take a break. We are going to come back and have argument, and you can pull it all together for me. Let's take a ten minute break. (Whereupon, a brief recess was taken.) THE COURT: Argument off the record. 37 1 (Whereupon, argument was held off the 2 record.) 3 THE COURT: Thank you, gentlemen. I will 4 have something down shortly. Adjourn. 5 (Whereupon, the hearing was concluded 6 at 10:35 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 1 2 3 4 5 6 7 8 9 10 11 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~.. Pamela R. Sheaffer Official Court Reporte 12 The foregoing record of the proceedings on 13 the hearing of the within matter is hereby 14 directed to be filed. 15 16 17 18 19 20 21 22 23 24 25 I 39 - ~ '" 7 -, "I L I I no ",Z '-j,:( he' , ,H :';;'IJ ..-''J " ,'.'._ ,;._" _"