HomeMy WebLinkAbout04-3568
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - 3S'1o~ Ci(.)~L I~
LEASECOMM CORPORATION
Plaintiff
ANDREW HORTON, Personal Guarantor and
Trading As, NIKOLI'S PIZZA PARLOR
Defendant( s)
: CIVIL DIVISION - LAW
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take actiou within twenty (20) days after this Complaint and Notice are served, by entering a written
appearance personally or hy attorney tiling in writing with the Court your defeuses or objections to the claims set
froth against you. You are warned that if you fail to do so the case may proceed without you and a judgmeut may be
entered against you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief reqnested by the Plaintiff. Yon may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
LEASECOMM CORPORATION
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. 61.J-llhP C0~tT~
CIVIL DIVISION - LAW
ANDREW HORTON, Personal Guarantor and
Trading As, NIKOLl'S PIZZA PARLOR
Defendant(s)
COMPLAINT
The Plaintiff, LEASECOMM CORPORATION by its attorneys, KNUPP, KODAK & IMBLUM, P.c., brings this
action of Assumpsit against the Defendant to recover the sum of THREE THOUSAND, ONE HUNDRED THIRTY -FOUR
DOLLARS AND NINETY -EIGHT CENTS ($3,134.98) together with interest thereon from January 7, 2004, upon a cause
of action of which the following is a statement:
I. The Plaintiff, LEASECOMM CORPORA nON, is a corporation organized and existing under the laws of
the Commonwealth of Massachusetts, having its principal office and place of business at 10 M Commerce Way, Woburn,
Massachusetts 01801.
2. The Defendant, ANDREW HORTON, Personal Guarantor, is an adult individual trading and doing business
as NIKOLI'S PIZZA PARLOR, with an address of 52 Market Street #3, Rear, Lemoyne, Cumberland County, Pennsylvania
17043.
3. On or about November 19,2001, Defendant did enter into a written commercial Non Cancellable Commercial
Lease Agreement for the lease and future purchase of certain business equipment. A true and correct copy of said Non-
Cancellable Equipment Lease Agreement is attached hereto, marked as Exhibit "A" and made a part hereof.
4. The leased equipment was delivered to the Defendant and installed at Defendant's place of business.
IUSERIST ACYICCP COMPLAINTSI WORKllc30 181.wpd;06JuI04
2
5. The Defendant defaulted on the obligation to make payments, and refused to honor the remaining lease
payments.
6. The balance due and owing by Defendant to Plaintiff is the sum of Two Thousand, Six Hundred Twelve
Dollars and Forty-Nine Cents ($2,612.49) as per Plaintiffs State of Account attached hereto, marked Exhibit "B" and made
a part hereof,
7. Due to the default of Defendant, and pursuant to the terms and conditions ofthe Non Cancellable Commercial
Lease Agreement, along with a Personal Guaranty, executed by Defendant, attorney's fees in the total amount of Five Hundred
Twenty-Two Dollars and Forty-Nine Cents ($522.49) have been added to said account.
8. Plaintiff frequently demanded payment from Defendm1t of said amount due and owing as aforesaid, but
Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND, ONE
HUNDRED THIRTY -FOUR DOLLARS AND NINETY -EIGHT CENTS ($3,] 34.98) together with interest thereon from
January 7, 2004.
Respectfully submitted,
'/
IMBLUM,P.C.
Robert D. Kodak
407 North Front Street
Post Office Box # 1 ] 848
Harrisburg, P A 17108-1848
(717) 238-7151
Attorney lD No. 18041
Attorney for Plaintiff
\USER\ST ACY\CCP COMPLAINTS\ WORK\lc30ISI.wpd:06JuI04
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.~r.2:
NON CANCELLABLE COMMERCIAL lEASE AGREEMENT
ACCOUNT NUMBER ~ LEASE AUTHORlZAfiON NUMeeR I
11 JlI.;:> 101, 1"11 L./l"al 1~1,,1i':1')
L."1] "11i:......tL I d-iCf &) "",'1 IO~ ,0'- '''->It
IEASECOMMCOflPQRAnoN, 950 WINTER SiREn
WALTHAM, MASSACIlUSEm 02'6' _,5327 LEGAt. NAME OF LESSEE (If C9RPORAT)iiN, LIST FULL CDJlPORATI NAME)- I g~
This is a Lease Agreement between LEASECOMM rV I U 0 L I J }II 'VI.. A f.l:l1It Lo A. r!l\\JlTNERSIIiP
Corporation, ("Lessor") whose address is shown BIWNGADllflESS I
above and the Lessee indicated at rigllt. ') q 0 l{ <H 0 lr clJ5 t3 \.t ~~ ~ () "lLJ
This is a legallv binding contract. "lbe terms and condhions CITt IIA "^ 0 l\ I I J. S"l;, I liP / 7 D 1 )
are nollullv understood, legaladvlce should besought. I,.", .. I r 1'1 Lo <<- P.t.,
I ~~DE\(j II VfC^~~O"SSALESPERSON I rcOMM.?,!.CfJ CE ':.',OIA11' VENDOR Nt"'" LESSEE PliONEND
Pt'X 1> ~ '/ I~L'/ N Ie..- _ ') )1?G3..7nl
EQUIPMENT: '
MANUfIoCT1JL I f' /'f1 A ~ I MOOEl. f\J II ~ '1 d.(:)t r
PLEASE NOTE mAT THE mUIPMENT AND/OR ITS COMPONENTS MAY BE NEW: REMANUfACTURED 0 USED
LOCATION OF I AlJ[)AESS IND. & STREET. CI1Y. STATE. n'llf IliFfERfNT fROM ABOVE
EOUIPMENT
IC8IEGf ~ IJlJ .....IT._..1IllUAII
BASE MONTHLY PAYMENT $ ~Lf,O"" FOR-'1-L-MONTHS DFIRST&LASTTOTALMOKTlilVPAYMENT $
..............-......"'j\..-IlIII'lI\.........II-....-............. ~ARSTTOTAl~YPAYMENT . $ fq,ul>
BANK ~~~ \"l) ),,)'i ~/h"~ DSECURITYDfPOSlT $
ROUTING#i!3/1l3n~/'3~17 ACc:r,# "'OC}OE\'&5"~".'3 D~..:ll.~.........._} $
.... DoTItER_........,rn;.) S
yeU AND yeUR AUTHORIZED AfftLlATES ARE AUTHORIZED TO AUTOMATICALLY DEBIT TOTAl. t f O. (;) ("0,
MY BANK CHECKING AC~T ~MONIES ~U UNDER THE lEASE. 1 '-J
AUTHORllfDSI8HAlUl(.~ C~~~ ---..."'-...""..........---
Should you rind it necessary to statement bill to tile above authorizatioll for direct deM being blank, incomplete, or inaccurate or due to insufficient funds in my checldn(,l
account, or tor any attler reason-beyond you control, you are autnorized to add a $5.00 per month charge to my moorhly payment amount as reimbursement for your added
services: and processing elo:peoses.lll this Lease Agreement. the words "1", "me", "mine", mean the Lessee and Guarantor(sj. The words "you" and "yours" mean the Lessor.
"Equipment~ is the item I am leasing. It encompasses ally combination of tangible assets, rights to access or US8 services, software, documentation and manuals. erc.
I agree to pay you ttle total amount shown above upon signing this Lease Agreement and I agree to pay all additiOnal lease payments when due starting with the
commencement date shown above, and every 30 days th.ereafter for the lease term. It is understood you wiU deblt suGhGharges when they are due SO as to avakl the incurrence of
!ate charges. I also understand and agree that automatic debiting of lease charges is an option under this Program.l acknowledge that I have been informed in writing: by you or the
Equipment Vendors identity, and that I may have rights under the purchase agreement between the Vendor and lessor and I may contact the Vendor for a description of any
such rights.
The Parli.. here.., ~Ire.lhet thl. AlIre....nll. medelo, qonme1llly, 1. b. performed in, and .1Ia1l be ........... In ........... willl the _ of the Commo_alth .1
M....cl1u_. They ftutt1tr _ and ..bmlllD the jurisdfcUon at lI1e Courfl at Ill. ComrnonwoIIfIt '" r" 1'0..... em! ~ _ lD III'" roOlm tar Ill. brI'J/aa of
any suIl,lCtiGa or oflIer PI1lCUdI~. Int 0111 01_ oIIlIlll_ _, alld lIlqIreaIy WlM! any objlcll" to VI'" I. any ..eh C_ aiilwelvo any rflt>llo a ~1.11Iy
jury "lIlat trial she<< be fly .... II the ColIIt, ft illurther qrMd and und........IJ1.1 ~ fteadqoartm a/ l.o......... CdrprIaIion ;.'0_ .itlJInlfta .....
jlf The Ditlrlct Coull IIatlIrtmInl of Trill Corirt, willlln Mlddlesel County.
ISE/ldd774/
I have read and agree to the terms wlllcllapprar DR bath sides 0' Ulls lea.. and understand same. lhj. EclrJ.mtlt 1.1...'d as is tar bUll.... and/or Pro1.1SloD.J
purJlO.81 and this lealt is not I conumer coatract. I acknowledge you are a lessor under a "finance lease", as that term is defined in uce Article 2A, and not a
manufacturer, distributor; agent or roseller. Your only role was to provide lease financing. I acknowledge receipt at a completed copy of t/lis lease Agreemen1, willt 111
lease terms filled in. I undel1l.~d my Obligation under tltls Lease became IrrlVoCiable and tndnendeJrt upon'"! ItC.planee of the EQuipment.
AlERCY DISClAIMER - RE/TIIER SI/PPUER lOll tIlIY SAWPERSDII IS till AGliNT OF LESSOR ROR ARE TIlEY AUTIIDIUlf/J TO WAIVE OR AUD IlIE TERMS
DF THIS LEASE. THEIR REPRESERTATIIIlIS SHAU IN lID WAY AfFECT LElSEE UR LUSlIlI'S RIIIlTS AIID D8L1I1ATlIlIIS AS IIEJIIlIII SET fOlITlf.
=:JB;Jna11J.Q CJ1. =~~)
Pl1ntName AIIIOI2..& V4J~ PrlntName
T"", 'OW"j '6 P- OrE /I (T"", Dal.
PERSONAL GUARANTY: To induce lessor to enter fmo this Lease, the undersigned party unconditionally guaranfees to lessor tile prompl payment when due of a" of Lessee's obligations to
Lessor under the lo98Se. lessor shaa not be reQuired to proceecJ against lessee or the Equipment or to enforce any other remedy befall! proceeding against the undersigned. The
u~rSllJned agrees to pay a~l attorney fees and otllar e~enses incurred by lessor by reason of the Lessee's default. The Undersigned waives notice,ot the ilCCSjUallce hereof and ot all ather
flObces or demands of any kind to which !he unoorsi(,jned may otherwis6 De entitled. Tile Undersigned consents to any extensions of time or modrllCa in the amount of payment granted to
l.es58e and to the release and/or compromise of any obligatrons of Lessee or any other Otl~gors and guarantors without ill any way releasing the unde ned from its OlJljgations hereunder.
This is II continuino Guaranty. TIte Ultdel'lltMd qlwftcally Ullderstaftds ana I1IG IIf'HlwiUt the bold, unurUneG .ntviiian ttated ** _u" and C4ft&8lding to thd lawIand
jurlsdlctlo. oflb. C""mo....tlb or Manacllu_ Ior.ny jcfj", ""lfII1!vtr .mm. out III Ibl. Le.... ... f.... I.,,,L. .
;;a;':)lonatu l' :uarantnrSionature ,,:,,;it~g e
all (W app/-I No IilW allowed ~lytlJ "Ill" r"\ ':Ii
Dale J'1 ~~ I Oate ';;~" ~11,,~(-JJ~ylvvi
Comm lease 2 . lC.m B -Rev '/01
__.. ...~...II"/Ii iutO IIledil Repm1illa: You, your authorized artfiliates, YOIlr. outsidp, counsel ilnd your JUihodzed suppliers are authorized 10 check my credit and employment hiStory 10r the
purposes of determining my credit worthiness at the lime of this application 01 thereafter In connectIOn WIth the_ same trans3cllon or extension of credit and for the further purposes of
reviewing tne, accoun'[, {aklng coWectton actiVity on the account, and skip tracing YOIl [lrr. hJf1her ,wtnorlzed 10 prOViDe hislory Informa1ion to others about my credit stanoino and your cr&ll1
experience With me, Including buf not limited to credit bureaus, other companies. Olrfside collecfion agencIes and outslere counsel.
Commencement ot leue; lease 'ferm: The cammr.m:Cnlerrl I'[lte (the "Commencemenl Dale") shall be the date when the lease is accepted and executed by you. I waive 1lO1ice of 'jour
acceptance of .this lease. ne Lease Term will COfTlmence on Ih€' commencement dale i!r!rJ expire at t/le f1nd of the nllmher at monttTs indicated above.
End ot Ll!8se Tmn: Ai the end of (lie lease Term \ have the follCl'i'ilflg Clpt((jns
1. f can promptly retum the Equipment in good condition, e;(cepf fOf ordmary wear and tear, to Vat! or to the person and place you indicate, or 2. I can extena the lease for the same
terms and cOfldltlons as stated herem on a month-la-month basis unW such t1me as I give you written notice that I eject to terminate the lease at least 30 days prior 10 such termination and
return the EQlJ!pment or 3, Upon my request I can purchase the EquIpment tor the I!lir market value as Quoted by you at that time plus any applicable taxes.
Unless I notify you In writing of wlllcn option I choase 60 days prior 10 fhe cxpm:ltllJll of the lease Term, , shar! be deemed to have chosen option 2 {Month-to-Month Rental). You will
relurn any Security Deposit atter deducting any JmoLlnls I owe you LInder the conditions 0' this agreement if I choose option 11rom above.
Late Payments' and CollecllDn Casts: If I do no! make a payment within 5 days of its due date. I must pay you in additIOn to fhe payment a late charoe of 15% of the amolHlt ~ast aue (but at
leasl $5.00) for each late payment. Each month the past due payment remams unpaid. illl addltionallate fee in the amount defined will be assessetl, I will pay you your collectlon costs
including reasonable attorneys' fees and in-house legill expenses. SUCh collectian costs Include, bOI are not limited fo charges for col/ectiorJ letters and collection phone calls you make,
charQes ~or cG<<actiGn~agencies. courts, st1eritfs, witf\ess. trave1 e~Jlenses, ctt; T1lere will be a processing charge at $20.00 or whatever fee is allowable by law for any returned check or for
any rel'ected credit card charge or for any re;eeted automatic bank <lccount detJif Payments are applied to I<lte fellS and to processlnQ charge firs! and then to Lease obligation.
Datu t A: I will be in default of tillS lease If:
1, I fail to pay any amount due you within to days of the due datiL 2. Tne Equipmenf becomes involved in any civil or criminal actions or suits or is seized by law enforcement aQeflcies
due to mV neglect or mlscond[JcL J,! (01 any guarantor at my oDligatron hereunder) file or Ihere IS tiled against me (or any gUlltimtor of my obligation hereunder) a petltion In U.S.
Bankruptcy Court or I (or any qu.arantor of my obl,gatlon hereunder) have made an assIgnment for the benefit 01 creditors. 4. The EQwpment is 1051, stolen or destroyed, it 1M loss Is not
covered by the loss 01 destructIOn waiver. 5. J fa,l to relurn the fQUlprnent at the end of file feasr,-teml jf I have chosen the option of returmng the EQUipment at the end 01 the lease-term. 6. I
fail to follow any other terms of t1lis Lease.
Def.ull B: If r default you nave the right to exercise any 0' allot tht: lollowing remedies, to tile extent permitted by law:
t. lerminate this lease WIthout giving me r.otiCe. 2. ReqUIre the immedIate paymt>,ot ot alt amaunts then due plus the unpaid balance of the amounts due for the original or extended
lerm of the lease discounted by an allnual discounl rate compounded monthly of at least 4%. 3, Take posSiJsSion or request that I retum the EQUipment to you. You will credit my account
for any amOlmffi received, net of eKpenses, in the d15position of the EQUIpment m excess of the assumed Fair Market Value af the end ot the lease Term. 4. lawfully enfer my property and
take tile Equipment. If you repossess the EQuipment, I will pay you your repossesSion costs. plus a $50 disposition fee. 5. Charge me the fair market retail value of the EQuipmen1 on Il1e date
of its loss, theft, or destructiOR 6. Keep any security deposit I have {lIVen to vou to reduce the amount I owe. 7, Charge me any amount necessary to pm the Equipment In !load condlhon,
ordinary wear and tear excepted. a. Continue to charge me addItional monthly lease-p<:lyments beyond the end 01 the lease-term urrtill have cured the defauh. 9. A\J1omatiCa-lly charge any
or all 01 my credit-cards, other lines-of'credh or bank-accounts for all money amounts I owe you. 10. Obtain, share and use information concerning me. Jncluding but not limited to, social
security number, emplOyment, name, date of birth, cfedit reports, tax identification numbers pnforrnation") to locate all assets. incluaing, but not fimited to, Dank accounts, mutual hmds,
stock brokerage accounts, money market accounts. real property, and persollal property lor the purpose of coiltlct/on Of monoy I owe you and any interest thereon.
D8~lnstaUatlon and Removal CltarolS. I am fully responSible for a~r costs associated with Ihe de-installatiorr and/or removal at the Equipment tor wha1ever reasoo.
Ma'dlenadce af Equipment. I agree to maJOta!n the Equlpmenl In goOd operating and phYSical condition at my expense, Ordinary wear and tear excepted.
Warranties. l understand that the Manufacturer may have provided a warranty on the EQUipment. I will refer to the owner's manual or separate Manutacturer's certificate tor tne actual
terms of the warranty. 1 un'efStand Ibat VOilllave not given l1Ie either express ot 1m tied wa,raDlies tor the E'lIipm8nt: I 1m leuln) or other urvim accllS anG/Dr U$8 wilh ti1e
,EQU'f:ent. You ~Jve apBClfIUlly dlsclaim,d '1\' Imlllied warranties .f merchantablli alldlor fltnest 'or any particdllr I,e. You win have nD Ifabllitv Yo, Indlrec:l. l;GIIHIIIUlntI,1 Of
1Pt I damaGlI. I have chasen thilll1:flcific EG,ulJlf11ent baud lIJI Rly own K! ~.m'Dt a_ tXllfUllv dlSc.lalm Iny f.llance lIIO(llllV "'llun,~tr or reD{.,.lbItloOI mfde by rep.
rquJofRem Servicing; I .nd'l'I1.nd Itlat 110 servIcing ot any kInd is DrGvlded V LlaSlCDmm, ) am to look' 10 lbe vel1dar!supDNII tor lAY Gltlml. ..rvlet.gDI w~""ntl" It I,V. and I
slIaciflcally and unconditionally waive any cfalms, aresenl oJ f.ldu%....m!n~ lea$ec;~I!1J!'1, MY faJ'we of EQUipment semce 01 ml..Jlration 0' IllY ki"kwll.1eve,. Is "' N.lS 'Of
l'Ionfulllllment 0' my obUaallolls under the lease.
Add-an leass.. Upon my request and sublect to your approval, additional leases can De added 10 this lease Agreement uniess I am in default. Such Add-Ons will be bound by the text of this
Agreement and WIll identify ttllS Agreemellt by tIS Account andJortease Number.
loss DI Oestnmtlon of 1111 fqulpment I shall bear the entire risk and he responsible tor, loss, th~, damage or destruction of the EQUipment from any cause whatsoever after I leceive
possession of troe Equipment I wUl IlOtify you immediately, if the EqUipment is. tosl. destroyed, stolen or taken by any oth.er person. If the Eq[Jjpment has only been partially damaged you
may require thaI I have it repaired. If you determine if is not repairable, then It WIll be conSidered destroyed,
Insurance, ( will keep the EQUlpmellt fully insured alJalost {OSS, destruction, theft or damage and will provide an insurance binder namino VOLl as loss pavee.
LoIS or b8S1ruc:lion Waiver. You wl/l waive my responsibility lor loss or destruction of trll! EQuipment and for keeping the EqUipment fully insured during the lease term. After loss or
destruction of the EQuipment. you WIll provide for its replacement wilh Equipment of comparable value 031 that time to tile extent that I took reasonable care in preventing the loss or
destruction ot the Equipment. I will promptly notity you at Ihe loss, I will cooperate with you m making any claim wl1t! respect to the Equipment including- providing Police ant1 Fire re-pm1
documents to substantIate the claim. If I do not provide proof at insurance. I am deemed to have chosen 10 bUY the Loss or Destruction Waiver at current rates, and I will pay YOll tor such
wai~r.
Not~. I wiU send all notices to you in writing by certified mail to your address on the fronf page 01 this lease. You will send all notices to me at the address listed on this lease !JOless I tell you of a
change of address
Ch~n8eS on Terms 01 the lease. This lease explains aU the term5 and condjtions lor the use of the Equipment I am laasiflQ. The terms and condiHQnll may not be changed orally. YO'tl and I
must both give written approval Defore any cnanqes are made.
CoIlaleral. As security for payment oj troiS lease, I give you a security interest in the Refundable Security Deposit fOllnd 011 the other side. If the Equipment is lost stolell, damaged, destroyed, or
11/ 'ail to return fhe Equipment to you at the end of the Lease, you have the .right to apply the Refundable Security DepOSIt to reduce the amounf lowe, in addhion to whatever other rigtits you
ma~ haV1! at law or equity. Nn interest will be paid on tile RefundaWe Seculity OepoSlt.
Assljnm.nl. Without rour prior wl1ft.n constl'lf, J sh'll 801 (I) ,niln. nnrter. pledge. "vporh.C8te 01 oth.rwise disperse ,I Ullllease or any inlelest I1tmil, 11I1 (b) IlIb-leas.. or lend
the Equipment or permtt Ubi be usld byanyon. olbel Ihan me or my empIOYle.. I. aCknOWledge tfJat any assrgnmenf by youOf any ot your mleresf m triis Lease would neither malerlally
change my duty nor matenallv Increase the burden at risk Imposed upon me under thIS lease, Nevertheless, I acknowledge that your assignment is permtned even i1 such assignment would
be deemed to materialfy affect lessee's interest tIlereunder, You may assign !his lease and/or mortgage the EQuipmeot in whole Of ;n part without notice to me, and your assignee ar
mortgagee may reassign tnis Lease a(1<!/or such mOr1gage, Wltt10Ut notice to me. Eacl1 suc/\ assl{jl1ee andfor mortgagee shall have the rights but nOfle of the obligation of you unde( (his
lease. f snail recognize each such aSSignment and/or mortgage and shall nof assert against the assignee andlor mortgagee any defense, counterclaim, or set-off that I may have against
you. Subject to the foregoino. tt\is lease inures to tM benefit and is binding upon the. h.eirs.legatees, personal representatives, survivors and assigned at the parties hereto.
Alterations. I shall not make aneratlons, additions or improvements La the Equipment wrthout your prior written consent. All aaaitions and Improvements made to'the Equiement shall belong to you.
OWnershIp. The Equi~met1t is, and shall at all times remain, YOIl' property: and I shall have no nght. trtle or interest in if except as expressly set forth in this lease, I WIll not directly or b1directly
creare or permit to eXIst. and WilltromptlY and at my own expense discharge, any lien, charge 01 encumbrance on the EQwpmen1. except 1m any hen, charge .or enClImbrance resulting solely
from your acts. You may sign an tHe any documents. inClUding a copy of thiS Lease. ;n the public recortls as necessary to protect your ownership and any secunty ,nterest jn the Equipment. You
have provided me with a label stating that you are the owner 01 the EQulpmem and I agree to allb: it 1.0 and maintain it on the Equipment.
Ule. ! Shall use the Equipment i(l a careful maflnefilnd shall complv with all laws rerating fa its possession, use and maintenance.
Indelnftl!V. To the extent permitted by law, I shallmdemnify you against and hold you harmless from, any and all claims, actions. proceedinQs, expenses, damages and liabilities, inCluding
attorneys tees arlsmg in connection with the EQuipnrenr, including without IlnlllalJon, Its manufacture, selection, purchase, delivery. possession. use, operation or return,
Taus and TaK Processing Fee. I shall pay promp(fy when due any and alllaxes (except income taxes), charges, penalties. interesf, expenses, costs. assessments and fees, whatsoever,
relating to this lease and the product whether local, state, tooeral and otherwise. wIlicl1 now or llereafter are imposed on Lessee or lessor. I agree that you may estima1e 'he property and
safes/use taxes that will be due for the product and agree to pay you the eSlimated taxes In monthly installments together with the monthly processing fee. The monthly processing fee will
riot exceed $3.00 per month, such fee !/Itlll reimburse you fOf your costs of preparing, reviewing. and fiiing the returns and for your overall proceSSing expenses. The taxes and tax procesSIng
fee may vary from month to month and from lease to Lease
Changl af Name, 8i11ing Addreu. Bant Account Change_ I will inform you, within one week, 01 any change in my name, address, billing address, telephone numbers, location of the
Equipment, or the bank checkinq account used tor ACH debit You wm charge me $100 II a skip-trace is necessary. Y.ou are autlloriled to cortect any typographic Of spelfmg errors made on
the front of thIS lease Agreemenf regarding my address, teleplJOl1e numbers. Eqwpment leased or identlficallon numbers of the fQuipment.
Miscellaneous, If any provision in thiS lease is invalid, such mvalidrty shall not affect the validity Of the remaining provisions of this Agreement and .we agree to substitute tor the in\lalld
proviSJon a valid provision which most Closely approximates !he effect and iment 01 tile tnvaha proviSion, Notwithstanding any ProViSion contained herBln the maximum amount charged and
coUected shaUllOt el<ce.ed the maKimum amOUf1t which may be lawfully contracted lor, charged and received in this Lease transaction as determined by final jUdgement of a court of
compelent ItJrlSdictlon, including appeals theretrOf!1
AGENCY DISCLAIMER
NeUber $uppll,r nOl .fly uJel-
p'r80a is 1UI agent Qf Lenor nor
are fhey ilulhOlI18d 10 w,lvet or
alt,r the firms of tbls leale.
1fteir represenbJliOlls shall in 110
w,y aUect leuee or Leuar'l
fit"" and llblilla~illl:oS as "erein
se'follb.
'* fOR VEMDOR~ lJROIIt.'l' *
1.l8ase Is 10 Be filled Out Belore Your Customer
Signs.
2. No Whitt! Out Or Crossouls Allowed.
3. Use lnk Only.
4. N\1 iltie Allowed Ofl PlIrsOJ\al Guarantor line.
5. If You Make A Mistake, START OVER.
6. AIr Shaded Areas Must 8ll Filfed In.
LC-01 B Rev6JDl
VENDOR'S BILL OF SALE
I hereby sa/l. IIIe EIJUIPm''l!..~N't=b9l'8. lree =ar 01 enr l/ens and
ellClll1lbrel\Cll$lcNlhla8tftt. ,It. ClIlUlraUOIl.
v~~.~~~~~;' ;)tH;~ 1+410
7rptA. ~~ ,~. Oil. __~
Comm lease 2 .
STATEMENT OF ACCOUNT
6-Jan-2004
Page 1
ACCOUNT NUMBER: 24480220
Lease Number
Lessee
448022B;LEASE; ACTVE; Credit Card Terminal; Cornmcmnt: 1/02/2002
NIKOLI'S PIZZA PARLOR
3904 OLD GETTYSBURG RD
CAMP HILL, PA 17011-6704
Guarantor
ANDREW HORTON
24 COURTLAND RD
CAMPHILL, PA 17011-
Last Payment Date
25 September,2003
Unbilled Lease Payments (448022B)
$69.49 fer 23 remaining months
discounted by .33% per month
1,541.20
Fair Market Value : (448022B)
Fair Market Value is what Leasecornm charges at the end
of the Lease-Term for the purchase of the Equipment. It
generally runs between 7.5%-15% of the lease-receivable,
but the longer the lease-term and the more obsolete the
equipment is at the end of the term the lower the number.
Rental Equipment is being depreciated over 60 months with
a 5% minimum residual value.
277.30
BILLED AND UNPAID INVOICES ON THE ACCOUNT
Billed and Unpaid Lease Invoices:
(Details on Next Page)
343.45
Billed and Unpaid Fee Invoices
Late-,Bounce-, Collection-, and Legal Fees
incurred and billed to-date and not paid
(Details on Next Page)
450.54
Cash received not applied
0.00
TOTAL AMOUNT DUE TO LEASECOMM CORPORATION:
2,612.49
Corporate Headquarters: 10-M Commerce Way, Wobum, MA 01801 . 781.994.4900 . Toll Free 800.843.5327
Fax 781.994.4710 . Website: WWW.Leasecomm.Com
V E R I FIe A T'I 0 N
I, JAMIE BASALLA, Litigation Coordinator of LEASECOMM CORPOR.-\TION" verify that the
statements made in the afore going document are true and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn falsification to authorities.
~
Dated:, \~~ ~OoJf
?1....
Itigatlon Coordinator
30181
':\USER\ST ACYlCCl' COMPLAINTS\WORK\lc30 1 S I. wpd :061u104
S.d
Jd ~~ao~ ~ ddnN~ Wd90:20 p0, 90 lnr
iD ~ "'Q.
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1-
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03568 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEASECOMM CORPORATION
VS
HORTON ANDREW ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HORTON ANDREW
the
DEFENDANT
, at 1834:00 HOURS, on the 2nd day of August
, 2004
at 16 S 2ND STREET
WORMLEYSBURG, PA 17043
by handing to
MARGARET HORTON, MOTHER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.84
.00
10.00
.00
39.84
So Answers:
r~~
R. Thomas Kline
Sworn and Subscribed to before
By:
I~n
Deputy Sheriff
08/03/2004
KNUPP KODAK
0<:-
rne this 'I ~ day of
~ ;2oo'{ ~ A.D~_
It.< - Cl lvt....l&.v ~,
rothonotary 'V'~I
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03568 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEASECOMM CORPORATION
VS
HORTON ANDREW ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
HORTON ANDREW T/A NIKOLI'S PIZZA PARLOR
was served upon
the
DEFENDANT
, at 1834:00 HOURS, on the 2nd day of August
, 2004
at 16 S 2ND STREET
WORMLEYSBURG, PA 17043
by handing to
MARGARET HORTON, ANDREW'S
MOTHER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
HORTON SAYS THAT HE IS NOT THE OWNER OF NIKOLI'S PIZZA.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
.,~,;;}t:~~'c.c~f'!~~
R. Thomas Kline
08/03/2004
KNUPP KODAK
Sworn and Subscribed to before
By:
IMBLUM
fJ&J~
Deputy Sheriff
be.-
rne this '-l - day of
~ ~1JO't A.D.
Q~ -:
p othonotary )~
LEASECOMM CORPORATION
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-03568
ANDREW HORTON, Personal Guarantor and
Trading As NIKOLI'S PIZZA PARLOR
Defendant(s)
: CML DMSION - LAW
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PRAECIPE fOR DEFAULT JUDGMENT
Enter judgment in fiLVor of Plaintiff and against Defendant(s) ANDREW HORTON, Personal Guarantor and
Trading As NIKOLI'S PIZZA PARLOR, named for failure to file within the required time an Answer to the
Complaint in the above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint
$3,134.98
Interest from Janual)' 7, 2004 at the legal rate of 6% per annum
$ 137.11
Total
$3,272. 09
---
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and his
attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this
Praecipe. See Exhibits A & B attached.
7
By
~ Robert D. Kodak, Attorney for Plaintiff
DATED: 0.. "?- ~udwnent entered and damages assessed as above.
p~I<.~
Robert L. Knupp
Robert D. Klldak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
emall: kki.law@verizon.net
,., r ~"'/'
(','I.
~ r()\ l~obert E' Knupp
~~ l.!. (1 976)
Robert H. Maurer
(1923-1998)
August 30, 2004
ANDREW HORTON
16 SOUTH 2ND STREET
WORMLEYSBURG PA 17043
RE: Leasecomm Corporation
VS: Andrew Horton, Personal Guarantor & tla Nikoli's Pizza Parlor
No. 2004-03568, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 30181
Dear Mr. Horton:
In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDKlkqb
enclosure
cc: A TTN CHRIS MARINO
LEASECOMM CORPORATION
POST OFFICE BOX 4136
WOBURN MA 01888
ANDREW HORTON
52 MARKET STREET - REAR
LEMOYNE PA 17043
#24480220
(l~ .
-.
u
LEASECOMM CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNlY, PENNSYLVANIA
v.
: NO. 2004-03568
ANDREW HORTON, Personal Guarantor and
Trading As, NIKOLI'S PIZZA PARLOR
Defendant(s)
IMPORTANT NOTICE
: CML DMSION - LAW
TO: ANDREW HORTON. PERSONAL GUARANTOR, Defendant(s)
DATE OF NOTICE: AUGUST 30. 2004
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITIllN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SETFORTHBELOW. TIllS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
.POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
em.li: kki.lllW@lver/zon.net
t-::---... ,10.,' '.tV,
~."
,..'\. .'--/ ;
rtli!wing P
(1909-1976)
Robert H, Maurer
(1923-1998)
August 30,2004
NIKOLl'S PIZZA PARLOR
16 SOUTH 2ND STREET
WORMLEYSBURG PA 17043
RE: Leasecomm Corporation
VS: Andrew Horton, Personal Guarantor & lIa Nikoli's Pizza Parlor
No, 2004-03568, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 30181
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attomey entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDKlkqb
enclosure
cc: A TIN CHRIS MARINO
LEASECOMM CORPORATION
POST OFFICE BOX 4136
WOBURN MA 01888
#24480220
NIKOLl'$ PIZZA PARLOR
52 MARKET STREET - REAR #3
LEMOYNE PA 17043
LEASECOMM CORPORATION
plaintiff
(C' rU; ~~.. If
: IN THE COURT OF ~~tEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2004-03568
ANDREW HORTON, Personal Guarantor and
Trading As, NIKOLI'S PIZZA PARLOR
Defendant(s)
IMPORTANT NOTICE
: CIVIL DMSION - LAW
TO: NIKOLI'S PIZZA PARLOR, Defendant(s)
DATE OF NOTICE: AUGUST 30. 2004
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITIllN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
cp(?-'s.
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PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
LEASECOMM CORPORATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Wri t No.
Term 20
Plaintiff
NO. 04-03568 CIVIL TERM Term 20fl.i-
vs
Amount due $ 3,272.09
ANDREW HORTON, PERSONAL
GUARANTOR AND TRADING AS
PIZZA PllRLOR
825 MARKET STREET
MOUNT WOLF PA 17347
Defendant (s)
Interest FROM DATE OF JUDG. 09/28/04
NIKOLI'S
Atty's Comm. $ 163.60
and CostsTO BE DETERMINED$
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of YORK
County, Pennsylvania:
(2) against ANDREW HORTON, PERSONAL GUARANTOR AND TRADING AS NIKOLI'S PIZZA PARLOR
Defendant (s)
(3) and against
Garnishee (5) (
(4) and index this writ
(aJ against ANDREW HORTON, PERSONAL GUARANTOR AND TRADING AS NIKOLI'S PIZZA PARLOR
Defendant(s) and
(b) against Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee's)
as tollows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies tor
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT (S) AT ABOVE-LISTED ADDRESS rN YORK
COUNTY, rNCLUDrNG BUT NOT LIMITED TO EQUIPMENT, ELECTRONICS, INVENTORY, ETC.
Dated 11/07/05
~
~
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s}
~
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3568 Civil
CIVIL ACTION - LA W
TO THE SHERIFF OF YORK COUNTY:
To satisfy the debt, interest and costs due LEASECOMM CORPORATION, Plaintiff (s)
From ANDREW HORTON, PERSONAL GUARANTOR AND TRADING AS NIKOLI'S PIZZA
PARLOR, 825 MARKET STREET, MOUNT WOLF, PA 17347
(I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED
ADDRESS IN YORK COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT,
ELECTRONICS, INVENTORY, ETC. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(5) or otherwise disposing thereof;
(3) If property ofthe defendant(s) not ievied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, yon are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,272.09
Interest FROM DATE OF JUDG 9/28/04
L. L. $.50
Atty's Cornm %
Atty Paid $137.84
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: NOVEMBER 8, 2005
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041