HomeMy WebLinkAbout11-4132Larry S. Eisman, Esquire
ID #19738
705 Montgomery Ave., 2nd Floor
Narberth, PA 19072
610 660 5009
610 668 3625 [fax]
Larry@Eisman.us
Attorney for Plaintiff
Non-Jury Matter
U t_.
'ND COUNTY
'EN NSYLVANIA
U.S. Bancorp Equipment Finance, Inc.
successor by merger with Lyon Financial
Services, Inc., dba U.S. Bancorp Business
Equipment Finance Group
1310 Madrid Street
Marshall, MN 56258
V.
Robert Noro, aka Robert J. Noro
432 Mercury Drive
Mechanicsburg, PA 17050
Court of Common Pleas
Cumberland County
?L 1??1? 3? Cis ?
CIVIL ACTION
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Count y Bar Association
32 S. Bedford Street
Carlisle, PA 17013
5
7x57
1. Plaintiff is a corporation, organized and existing under the laws of the State of Oregon with a
principal place of business as indicated.
2. Plaintiff is authorized to do business in the Commonwealth of Pennsylvania, and conducted business
with the defendant as U.S. Bancorp Business Equipment Finance Group.
3. Defendant Robert Noro, aka Robert J. Noro ["Noro"] is an individual with a last known residence
address of 432 Mercury Drive, Mechanicsburg, PA 17050.
4. Noro personally guaranteed the obligations on the Agreements at issue in this litigation.
5. Defendant was President of Capital Automotive Enterprises, Inc., ["Capital"], an obligor on the
Agreements at issue in this litigation.
6. Capital filed a Voluntary Chapter 7 in the Middle District of Pennsylvania at 09-03248 on April 29,
2009.
7. The Trustee issued a Report of No-Distribution on June 18, 2009.
8. The case was terminated on September 1, 2010.
COUNT I
U.S. BANCORP EQUIPMENT FINANCE INC ET AL V ROBERT NORO AKA ROBERT J NORO
LEASE AGREEMENT 746874 [#500 0123617 0001
9. ¶¶ 1-8 are incorporated by reference as if fully set forth herein.
10. On or about September 6, 2007, Capital entered into a Lease Agreement ("Agreement") with plaintiff
for equipment to be used in its business. A copy of the Agreement, including terms and conditions and
Schedule "A" is attached hereto, made a part hereof and is marked Exhibit "A" [3 pages].
11 . Noro personally guaranteed Capital's obligations as evidenced by Exhibit "A".
12. The equipment listed in Exhibit "A" was selected by those charged with that responsibility within
Capital, including but not limited to Noro.
13. Capital accepted and used the equipment in its business operations.
14. The Agreement required Capital and Noro, the personal obligor, to make sixty [60] payments of
$512.07 plus applicable taxes.
15. Capital and Noro made only seventeen [ 171 payments on account.
16. Despite repeated requests and demands for payment, Capital and, after the termination of
Capital's no-asset bankruptcy, Noro, failed and refused and continue to refuse to make additional
payments.
17. All payments received by plaintiff have been credited to Noro's account.
18. As a result of the default by Capital and Noro, the payments have been accelerated.
19. Plaintiff was unable to locate and repossess the equipment.
20. Capital and Noro acknowledged the debt on numerous occasions and promised to make payments.
21. As result of these defaults, plaintiff is entitled to enforce the terms of the Agreement against defendant
and personal guarantor Noro.
22. As of March 11, 2011, Noro owes the following on Agreement 746874 [#500 0123617 000]:
Payments [25 @ $542.79) $13,569.75
Late charges [5 @ $81.221 407.10
Future payments [17 @ 542.79 discounted @ 6%] 8,821.42
Present payment due [March 20, 20111 542.79
Attorney fees to date 125.00
Interest [$5.12 per day from 7.28.09 - 3. 11.111 3,025.92
Total due $25,733.72
WHEREFORE plaintiff prays this Honorable Court to enter a judgment against defendant Robert Noro, aka
Robert J. Noro on Count I of this Complaint in the amount of $25,733.72 plus interest, continuing costs,
attorney fees and such other relief as this Court may deem just and proper.
COUNT II
U.S. BANCORP EQUIPMENT FINANCE INC ET AL V ROBERT NORO AKA ROBERT J NORO
LEASE AGREEMENT 808499 [#500 0128409 009J
23. ¶¶ 1-22 are incorporated by reference as if fully set forth herein.
24. On or about November 7, 2007, Capital entered into a Finance Lease Agreement ("FLA") with plaintiff to
finance the purchase of a customized message board and sign to be used in its business. A copy of the
FLA, including terms and conditions and the Delivery Guaranty is attached hereto, made a part hereof
and is marked Exhibit "A" [3 pages].
25. Noro personally guaranteed Capital's obligations as evidenced by Exhibit "A".
26. The equipment listed in Exhibit "A" was selected by those charged with that responsibility within
Capital, including but not limited to Noro.
27. Capital accepted and used the equipment in its business operations.
28. The FLA required Capital and Noro, the personal obligor, to make sixty [60] payments of
$555.76 plus applicable taxes.
29. Capital and Noro made only sixteen [ 16] payments on account.
30. Despite repeated requests and demands for payment, Capital, and, after the termination of
Capital's no-asset bankruptcy, Noro, failed and refused and continue to refuse to make additional
payments.
31. All payments received by plaintiff have been credited to Noro's account.
32. As a result of the default by Capital and Noro, the payments have been accelerated.
33. Because the signage was specific to Capital's business and had little or no value to anyone else, it was
not repossessed.
34. Capital and Noro acknowledged the debt on numerous occasions and promised to make payments.
35. As result of these defaults, plaintiff is entitled to enforce the terms of the FLA against defendant
Noro.
36. As of March 11, 2011, Noro owes the following on FLA 808499 [#500 0128409 0001:
Payments [25 @ $555.76) $13,894.00
Late charges [4 @ $83.36] 333.44
Future payments [18 @ 555.76 discounted @ 6%] 9,543.51
Present payment due [April 5, 2011] 555.76
Attorney fees to date 125.00
Interest [$5.33 per day from 7.28.09 - 3.11.111 3,150.03
Total due $27,601.74
WHEREFORE plaintiff prays this Honorable Court to enter a judgment against defendant Robert Noro, aka
Robert J. Noro on Count II of this Complaint in the amount of $27,601.74 plus interest, continuing costs,
attorney fees and such other relief as this Court may deem just and proper.
Respectful fitted
Larry S. Eisman
Attorney for Plaintiff
U.S. Bancorp Equipment Finance, Inc. et al v. Robert Noro
VERIFICATION
I am a Senior Recovery Specialist with the plaintiff and I am authorized to make this Verification.
I verify the statements made in the foregoing Civil Action are true and correct to the best of
my knowledge, information and belief.
I further understand that the statements therein are made subject to the penalties of 18 Pa C.S.
§4904 relating to unsworn falsification to authorities.
Mary Reif
Senior Recovery Specialist
EXHIBIT "A"
[3 PAGES]
PRECISION TUNE AUTO caRE INC
748 MILLER DR BE
bank: LEESBURG, VA 2017s
Jnasursn.i. c5ua<oar LEASE AGREEMENT
AGREEMENT #
746874
t)/,
This doo~ is swlaen In "Pldn ErVW. The words you and your refer to the customer, The Horde Lesser, we, us and our refer to L.S, snaere Buatnaae Pqutemanl Finance
AEO& Every attempt has been made to efimb*o confusing Imouspe and coach a simple, essyW+•ad document
FULL LEGAL NA11E AND ODA
CAPITAL AUTOMOTIVE ENTERPRISES INC OBA
PRECISION TUNE AUTO CARE 55.EISENHOWER DR
CIT178TATECIP PHONE
HANOVER, PA 17331 (717) 630-2387
W-LING NAME BILLING STREET ADDRESS
CAPITAL AUTOMOTIVE ENTERPRISES INC 55 EISENHOWER OR
CRY/STATEW EMAIL
HANOVER, PA 1733.1
EOUPkIIENTLOCATION
55 EISENHOWER DR, HANOVER, PA 17331
s • •
See Schedule A
•
Tam In Month
60 9Il Payments oias+z.°7
(Plus Applicable Ton)
$1
024
13
(JIWS:) U+d?onONePeriod Is rwbei Monthly ,
.
(Plus Applicable Tun)
END OF LFASE OPT10N: 1) Purchase the EOtdpmerl for $1.00, or 2) Rohn the equipment as provided in paragraph 6.
THIS IS A NONCANCELABLE ! IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
U.S. Bancorp Bhainms Equipment Finance Group
CAPITAL AUTOMOTMe ENTERPRISES INC DBA
CUSTOMER
TITLE
-0
As OWN" IrskmameNfar tN N wits Into inaAgmmerL the undaslgned ('you') uncardGonlly Jolncy and aevaally. persanNy gnraksn that the ornstenor Will mNa d payments sad meet
all oblip bona required alder We Agmvrar* and any aupplanne to fully and promptly. You agree Ihetwe may make atarstrenpemerds lndufirq comp amiss or ntlem entwlN the customer and
you welve all defenses and sauce of Ihote c arVes and x11 remain responsble for the psymnMwrd obligations or 10s Agraenant. We de nol have to notify you U tie custwwb M daNL NUN
customer c alougs, you will Immediately pay In amordawa Win the default provision or the Agreement al sums due under the Nrtms of the Agreement and will parlonn so the allptms of the
Agmnent. IN to necessary for us to proceed legally to enforce this guaranty, you expressly consent to the JurisSrcgon of the court got out In paragraph 13 and agree to pay al costs,
Including
ds guarenly, you auUwrtm ua a
etlomoys faes hhcuned M arbr=megd NFL gwrenty. It Is not nocimery for w to proceed first agslrat the K a gJelore anford ng W t guaranty. Dyslgrdng t NO TITLES
oftin credit bureau repots for corgi and eollxtion ptupoan. J _ROBOBERT NORO ',/? 1.A?
PRIM NAME OF GUARANTOR SIGNATURE A
s
You vmdenund and spree that M the evert you are not absrad wRh the doIN y and katalalbn CO the eWlpmeM that you gall only look to persons other ban U.S. BMW BlXMU Equipment
Finance Grcup such as the manufacturer, Invader, or center, srA shall not assort against US. Bancorp Business Equipment Finance Group any Balm ordefense that you may have with reference
to Ins squ I ment crlbr Installation. Further. Yvu authorize U.S. Bancorp "nus Equipment
ome date N
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• nce group to psysup brier the aghdpmwA arhdrvMmalond that payments she$ begin on the
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CAPITAL AUTOMOTP4ENTERPRISES INC__. 'X ternen `/G7 ?erC
CUSTOMI-R ShGmru E TITLE
10140 R_V04I07
4
t. AGRWMbrr: You agree to lease fen W the personal property dossbad uufar•IIEM DEswurnow and a modal by supplements to Shia Msaer Apeetnad Nam the to tlme signed by
rd of referred to a'Egdptdenf7 for bugneu putpmet: orgy. You egtee to II dthe testa eter mM4bm contained in
you and a (PN and pany ony Pand anip ;g PSbre replacements. mph red additions
one our Agreelttmt reperdhp on 00ad equipment ('Agreatard) and atupsrsNw any pashas =W or wiststdlnp
Involve. DO APeana k rxY be moftw cry bywMon Agreement and not byoauta OrPwbn sum. You /uOroLu a Ib hwt or oanxt rdaaknp Ndamtlon b this Agmanent Nakrdr -yaw.
PoPw legal 1 t Ii Nam Me titan day of the fabwvNtp month for ? the nas was n umber corwwg?ie months shown. T o term YA be earandW ammo dy seacullon for aasaWe12 month
1M data tana
unions, you sand W wagon nallea Yse do not want t mnawad at leant nleoty 190) days Mae the and of any lens You else ages to pay to us bristles payments, In as wro tat watt! a lafeh of
ft rtnoMy Pays" euWpled by in mmtw of dip lapsing bNwean On data an which pays" is made to On supplier and the Wood upon Met Privat s date. THE RASE LEASE PAYMENT
SW ALL ADANTED PROPORTIONATELY UPWARD OR DOWNWARD, IF THE ACTUAL COST OF THE 80U PPAW EMEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO
CUSTOMM t any pmAWm dthls Agreement b dsdaed unenI We In ony)udaddion, see other prodelau harsh snap remain In MI fora and aged in dffi)ubdldton and all olhers.
2 RANT: RIMws the payable In traktnlNiL each In M/ amount afore basic leap parnontshowrn pus any appscabNSNtq. use, and/or property tax Awe way any Ux on your WIN you pros
to reasons us promptly akp with a mucaft fee. You vA pay Me seewlly deposit on to door you sign this Agreement. Subsequent ivbenaneg wit be pay" an to Met, day of each meal
payment pabd efnsYPn bepMng atterta IretrenW paynornt paled r as eiMerWtea agreed We will have Me right to apply all suer, rscelved Fran you, to eryemanata due and lewd to us under
the brine of ride AgreesaeL In the, event ftAgreao of U not fully ow pletad. Me seaHty daponk will be returned by us to =rVenaata us for our doeunareasen. p acgoo ng end osrer expermse.
Iffy sryreaoa yaw dwelt Is returned for nowsymaR a S20.01) bad cheek vtn be esseaed.
i COMPUTER SOFTWARE: Not WfllrhnAng any clher tamer and conditions of go AgraemafL you elm Met a b solbesn only: aMe have not hod do not have, non IS have any Site b
such agaWare. b) You taw asserted or WK axasae a separate saSwre eanee Agreement and we an not a poly b and have M Pop, rnabSklas Wa sewnsr In regards b suds ion"
Agrwnwk c) You have, selected such salmon and as per Agrearient paragraph S, WE MAKE NO WARRANTIES OF MIRCNANTABe1TY, DATA ACCURACY. SYSTEM INTEGRATION OR
Ff MM FOR USE AND TAKE ABSOLUTELY NO RESM SIBWTY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE, SYSiEMS INTEGRATION. YEAR 2000
COM41MCE OR OTHi36 SE IN REGARDS TO SUCH SOFTWARE CUSTOMERS LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE AWMhIENT SHALL IN NO
WAY BE 016NO&fED ON ACCOUNf,OF OR )NANY WAY RELATED TO THE ABOVE SAID SOFTWARE LICENSE AGREEJAENP OFFAB.URE IN MY WAY OFTK SOFTWARE
4. OWNERSHIP OF EQIPMENT: We are'Me Lessor of Um aqulproari and hove sde SMe b the eatpntmt (wcWing antlers). You agree to keep the equipment free and der of at tars and
do=.
S, WARRANTY DISCLA,BAER: WE MAKE NO-WARRANTY EXPRESS OR IMPUSCy INCLUDING THAT-THE EQUIPMENT IS PIT FOR A PARTICULAR PURPOSE OR THAT THE
EMWAENT IS MERCWWTABLE YOU.AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH REM OF EQURPMENT BASED UPON YOUR OWN JUDGMENT AND
DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US OR ANY SUPPLIER. WE 00 NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR
PERFORMANCE OF THE EM WUENT. THE SUPPLSSt IS NOT AN AGENT OF OURS AND NOTHING THE SUPPLIER STATES CAN AFFECT YOUR OBLIGATION UNDER THE
AGREeI M. YOU VALLCOtMralE TO MADE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST SUPPLER.
S. LOCATION OF EQUIPMENT: You rA keep and use the squlpment Cody N youraddrees Dam above and you ages not to mow it unions Va agree b IL At the and oflhe Agreements term,
you %M return the Equipment to skis W sus spedy, at your expense. In Intel Iasgleeble condIUM NS waking order. odd In complete repair.
T. LOSS OR DAMIAtNH:.. You we responsible for the Air of lam. or for any decbuclon'of or damage to Me squlpme nt. No such to= or damage relieves you from Site payment obligafbas under
this AgeemaLL You agree to promptly nobly us in wling of s my low or damage and you wR then pay In us Me present value of the total of aI WOW Was psysrtna for the AS Mme tam plus
'Me estimated 9* ffmdat taus of to BoUlpment at the and of Me originally scheduled tenth all discounted at six paced 10%) per yea. Any praoeeds of m x vil ba psid b us snd mdeod.
etas opgon, @AM any lose or damage. You ardhafm rs io.sign on yon behalf and appoint us as your aomey In lad to exseuu In your names any Insranoe draft or chooka Weed due b
last or damage b to equipment
8. COLLAIWAL PROTECTION AND INSURANCE . You agree to keep to agtiprnent My I Strad against tea wIM us a loss psyse In an amowd not leas Man replacement a* unit Mks
Agreement Y laminated.. You do pas b obtain a Senegal public Sabltly Iguanas POLY from anyala who is lueepbble b us and b Include w as an insured on On policy. You egnw to
pmke.m mUlWs r oaar wltlerca al kannve eovepabor b w.Ina11 tic ACIM a nl MIIm a, NaUd you wMh us to waM this repulnmau, we va an yw err yw WI pay A popery
danger sra anps alup to DOHS of flee aqulpme t pat as am" afar admdnislor" cob, orefpt Ibk and Ober ooMa. Vb may make d prdlt an RNs program Asa g as you an shrewd st Me
tme eit o bona Ikea fray Intentional WA am adudsd), Me nmoln!4 balance amid an the AWOMI ri wB be "von You must tie o minit to Mask tom Mid progam. NOTHING IN THIS
PARAGRAPH WILL RELIEVE YOU OF YOUR RESPONSIBILIr YFOR LIABILITY INSURANCE COVERAGE ON THIS EQUIPIAcNT.
t. MEM NrrY, • Won am not raperlble for any Was or fn)urtea caused by go frulablon or we of the equipment. You agree to hold us hmmless and retmburaa, us for Neu end to dead us
again any dsim for Iman rinfury aused bythe Equipment
10. TADS i PEE6 You agree to pay %t= Imdved all laws (Including personal property IM Snag and penseles) and few relMng to We Agreement or On Equipment. You allow b'(a)
rokshurse us aarrMytor-al pewml property Win W*h we en nquYed to pry acumard Oa Equipment rm eo it to us Inch month curealban of the mowNy satulwortof live annual
property IV= to be tanotec ; Wevm final Personal prepay, we r OtW Wt NM and you agma to pay use 0 owolno in for making such Slings. You We ageea to pwyrs wry kkg lave
proaorI by Me UnNomi Cremedai Code or *w low and reimburse usfrall cots Iwdved in completing this tanndkn, You further area to pay In an amount up to 1 H%of the equiprterA
wdwkh a rnWmum of H 50,00 on the dale the.Irst havee peyrnsrd Is due b cover tin expense sl eriobding.ta Agmmenl.
11. 4SI3NMENT: YOU HAVE'NO RIOHT TO BELL. TRANSPER, ABSITN OR SUSLEASE TO RQAAPIENT OR THS.AGREENENT. We may ale. assign, or transfer INS Agreement
wtdhoul nollw' You Wit ihat t lea see, stop, or transfer this AgrsemenL Me new Laver we have Me :ions rights and benetb that we now now ad WS not hove b perform any of or
obfpatrs. You ages Matlha,tlghb of the new lessor will nObe subjedlo any dtkas: defenses. or set offs Mad you may hover so" us,..
12 DEFAULT AND REMEDIES: I you do not pay any lase payment or otter eum due to us or chef party when due or 5 you break any of your pmr a eas in lea Agraelsrd or any afar
Agreemeal weh us,, you wI ea indefault. S eay part seta psyme t ls late. you agrse b pays lags large of 15% alder pWmwnt wldch is lastr U iss, go motorman large dbwed by Taw. K you
.
ere eve h derata hers mYndn ywr sanely depoalt and view dptm we can lerataate or earhatl thisAgraatrrt and rwhi tat you pay (1) the unpaid bounce of aria Agreement (disputed
at t%Y. M to wrtount of any purchase option and I rime b specked; 20% of Me original 9WOmard coal which fopnsmb ow adk#WAd redduai value In tla equipment; (3) and return She
wdprnad b us Is a button designated by w. We mey recover horreat an any uhpald balance at the no of t% per annum. We may also use ay of der nmia available to us underAtUde
2A orris Unlrm Corral - l Code age wucW b Me Slags of hannegam r try char taw. You agree to pay err mosonstie afterrWs less end scud Cwt costs. I've Ave to We possession
of me pitpmaa, you Was b pry the cost of r powesalon. The net proceeds of the sae of any wpcaeeased Eadpmant nritl be credited against whet you we as totaling to any dakw srlsbg
wider 06 Ayraaraat.kduting. but not IVndled to. r rafertsI for cWK kn. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES.POR.AW DEFAt LT RY US UNOERTHIS AGRESAINT. You tone tut any delay r future to erdarce our rights under lets Apmemam dos not prove t us, from cilrdn;, any ARM
at a latrsms. Sls futlhornow tnal your highs and monsdes am tovenrd eadustaybyMh Apmmml and you wgM customer's rights under Arlde?A ISOM) of tin UCC.
13. UCC FL NGS: You gad Ilea Beady barest h the wopmwd M this AgrewroW ls dewod o semvW trersaetlorn am you susxdze An; to record a UCtr1 Enancing statement r shrilar
Instrument and appoint is youraaoaneyarn 4cl to "=As and dakvrsuch instrument a order toshow or interest In Me equipmml
14. SECURITY DEPOSIT: The seaady deposit is non eorrat beadrag and is to souse your performance under Ads Agreement Any security deposit made may be appied by us to saV* any
amass owed by you, in Wft lewd you wtl prornpily mstow the sanity deposit In its tau0 amount as sal food above. M erg co dlMar hernin we futy compiled with and provided you have not
eve been In def$W of this Agreement per paragraph 12. Me security depoalt wR be refunded to you after Me return of the eaApment In aaardanve vAM paagwpf L
IL LAW: Thls Agreement vA be damed RAY exctrbd-and pedamed In Me Sale of Winne vole, upon signing by Me Lessor and wI be governed by end maned in acoordance wit
tameeou uw. You expressly rinsed to jhNlsddtorn and vahue of any sorb or f Waal court In Me stets, of Mdmaols and waive tyhi to Vial by)wy for any ddhn at action waft out of wrolAv
ICINs Agearml or the Eadpment. You waive tight of defense crlrconvanlentfran,
1S, CUSTOMER GUARANTY: You agree to stbmk the adglnal master Mme documents Wilt Me seoudy deposit to the Lear via overnight eotxfer Me same dry of the balmke tranmdecbn of
der bas dgmw" Shoe we fall b receive Mean algirelc, you am b bound by Me feed copy of this Agreement with appropriate signatures on both aides ofthe document Customer
waives the ASK to ddtartgs in cam the auManuciy of a fund copy of this Agreement and the lead copy shot be: considered the edgind and shat bit On binding Agreement for to pApoess of
any enlata rent deem urWrparagraph 12.
1C138 REV0107
embank
rsKs?s?aca.cai
SCl"IEDULE "A"
AGREEMENT#
746874
This Schadule "A" is to be attached to and become part of the Item Description for the Agreement dated
by and between tho undersigned end iJ„q. an _er uaineQo r-ggdpq7 t Finance &%p.
0
SUPPLIER: PRECISION TUNE AUTO CARE INC
748 MILLER DR SE
LEESBURG,VA 20175
OTC 3881ATL
ROB 347002 AC MACHINE
BC CT2 COOLANT
BG PPS TRANSMISSION
CURTiS SVTBUP AIR COMPRESSOR
RELS 2000PR BRAKE LATHE
RELS 802% WHEEL BALANCER
RELS 120OX TIRE CHANGER
OTC SABRE4168KIT BATTERY TESTER
BRNG•300 BRAKE BLEEDER
OTC PG FUEL INTAKE CLEANER
AM 8525 20 PARTS WASHER
SYMBCA4 HEADLIGHT ALIGNMENT SYSTEM
2 - JC1120OCE UStb OIL DRAIN TANK 20 GAL
SCHA REV0007 2
EXHIBIT "B"
[3 PAGES]
PRECISION TUNE AUTO CARE INC EQUIPMENT FINANCE
748 MILLER DR SE AGREEMENT
=,,,bank.-
LEESBURG, VA 20175
AGREEMENT #
JDn G/, 102-,00(-r 808499
This dddanem is written In `Plain English", The words you and your rater to the customer. The words Sedured Party, we, us and our r -r to
FEIN= j W0• Ew attempt has bean made to eliminate coNudny language and crate a simple, easydo read document
n f? eas®®w?..
FULL LEGAL NAME AND MA
CAPITAL AUTOMOTIVE ENTERPRISES INC DBA
PRECISION TUNE AUTO CARE ! •Z? '/_ ^? I
CITY/STATMP i PMCNE ERAL TA)(t0 i
p? 17y?? (7»)?ae-?a??
13ILLING NAM_ BILLING STREET ADDRESS A
CAPITAL AUTOMOTIVE ENTERPRISES INC a f Z? ,.?N? f{ ?j_ ?, /
CITY/STATE21P
E L Ww
Pr 17V21"
"OUIPMENT LOCATION
56 r-,SrNkQVrER DR. 1110lika-RA-Ual
SUPPLIER NAME - STREET, ADDRESS
PRECISION TUNE AUTO CARE Pb Box 5000
i erne m monors -
IQ Payments of $555.76 '
60 (Plus Applicable Taxes)
(mos.) Payment Period Is Monthly 51,111.53
t (Plus Applicable Texas)
THIS IS A NONCANCELABLE /'IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
e
U.S. Bsncarp Business Equip mem-Finance Groua )1 lw e A s -1
CAPITAL AUTOMOTIVE ENTERPRISES INC
CUSTOMER
..- viw t yfu r unwndruonstry,lomoy and severalty, personally guarantees that the walomerwill make all psymente and meal
as otilipNbna required under Ihls Agreement and any supplements fuly and promptly. You agree that we may retake Ate arrangements Including compromise or semtment with tlta customer and
you waive as defames and mike of those changes and vAp remain responsible for the payment and obligations of this Agreement. We do not have to nodyyou If the customer kin defoult a the
watomer defauha. you VAN inxmdiatdy pay in accordance with the default provision of the Agreement all sums due wider the torma of the All emenl and will perfomt all Inc obligations of
the
Agreement.' If it Is necessary for us to proceed legally to enforce this guarermy, you expressly conseni to ate jurisdiction of the coot set out In are ro 15 and
attorneys leas Immured In lrtroreeaent or this guaranty. [tit not recces p p tin agree to pay ee vests, atduding
suryforus to proceed Brat ageinat the cua? a baton enforcing this guaranty. By signing this puarenry, you autrtoAZe us to
obtain credit bureau moons for coedit and collection purposes.
ROBERT NORO ?' P
~
PRIIJT NAME Of GUARANTOR Y ! r ((h/0
IGN . NO TITLES r, c0
You oentq that all the equ priers listed abaft has been furls
been reviewed and seknoveedged Upon yauragning below.
equipment from site supplier, and you may Contact fns show
purchase of the equipment from ft supplier is a eondition.pre
CAPITAL AUTOMOTIVE ENTERPRISES INC
CUSTOMER.
10095 REV04/07
n uaxvory and insmauon has been kdly completed end satisfactory. Further. ae conWabns and terms of bail Agreemartltave
loss; herein wtil be Irrevocable and unconditional In all respects. You understand and agree thatvre have pure ased the
foryour tvansnty r1gh1x.;iI1hIdM9 transfer to you I rme term of the agreeT?t
Your approval as indicated bsiow of our
to the effectiveness of a eme? - - -- ^? n
x f g
?U (r'U??Jr' 11)710
TITLE
2
1. FINANCE AG REWdENT: Subpc to the one of dds Equbmem Firm= Agreement signed by you end us, rather Ulan pay ft cash price, you have chosen to request we limaci la you en ourdase pace
of
Psrswnal palmy daeDtbed .onasr ITEM DESCRIPTION' In gds Agreement (rich personal Propikly 6rq any bppaddS.'npitieemenN, repoks and addkia s offerrso 1d as 'Equipment") whim you will
use for
01-M purposes only. You h&W gFtgtl to &S lira) pngr[ly, p aMOD maws &NOW merest Inbe EW*Mwd will As Proceeds b tapeo your obhgaUons trrairtder and rawer al oawr ogreaslenu won us,
and yuu again b all Of bhe rum's and dondisorss axlaned In bas Agreement, which mpetha ere a mmgaM "AMfMI Of our'§Of"M$nl MgWO p Vie EfFAId M phi Agram"') This A"Wara may be
modal alt by %"n agretunMd and rid by coupe d paftonnasoe. This Agreement becomes vapd upon esac111Mn by us W4 wE begs Oh to cammedicemeM dale and for to raunbar d tDnseagve months
shown above or on Ue sp cable Supplement: You also spree to pay to us nwgn payments in Via anoint MW W 1IS0m of me row" DoymwN. fees gad by M rJusibeir of days hipatrng between IM date
on
wMeh paymsmbs made tots supedw and die egraed upon trot payment dew. It airy provislon at Ins Agreement h dedariQ lemhleraasbha, the other provisions wide remain in lull fora and ehetS
2. RENT: Rags will Ps potable in Igsialknedite; esch.n Du amount d all bask tears paymnnt shown tilde any gppicaMO ales, we, a dbr bropeny, ax. II we way Sny'aC ion vale behalf. you
agree.la rebOuree us
wompey S" lea A proeas" IN You will Pay Ube node Deposit an toe data yoq?sign ttae A9reem0nL Sabaequem (nelailmeDID wA be payable al the fpal day of each rental payment period shawn
beginning
&Ner90 teas West P"MM POWd Or OS Op1MNea &VOW. We WE bays per fight to Apply OR Surfs, received tram you, to ally amounts due and Owed to us, under The terms of this Agreement, In the
event Iho
AgrePmem Is ail"comokMd, the leanly deposit will be, returned by us to eompensma Us for our documentallon, processing end other expenses. If for any reason, your check is rehned is napsyment,
a
S20.00 bad dmrid"be asnosed
5. NONCANCEI.LABLE: This It s riCrlcMCeldUls mawdable agreement and may not be canceled cry you for any reason Maiscaver
4, WARRANTY DISCO RNIft. WE MAKE NO WARRANTYrf=XPRESB OR ildPUED, OR THAT THE EQUIPMENT 13 FIT FOR A PARTICULAR PURPOSE OR THAT THE 5QUIPMENT16 kIERCHIWTAW,.E.'
YOU AGREE THAT YOU HAVE SELECTW THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DU)CLAIM ANY RELIANCE UPON ANY STATEMENTS. OR
REPRESENTATIONS MADE BY US. WE DO NOT TAKE IMPONSIEl1J7Y FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER 18 NOT AN AGENT OF OURS AND
NOTHING THE SUPPLIER.StATEt CAN APFILCTYOUR OBUGATIQN UNDER THE AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF.'
ANY CLAIM GR COMPLAINTAGAINSTSUPPUER N Agreement fnrekedes tvrnaq for software licamissis), Van you Was that solo such sohware: )e) we have not W, alb rwt rave, nor and haw, wiry file
to surh tohware, but Naiad at all. providnU lniapppg for de hcwna. (b) You have executed or wall Naeule a depends sohtvera lianas Westmont and mew not a party to, not have any Mspmdb
kNfes
vde)eaavw, sip:. has or other psyrasms, In repaid W such Name agreement and suppler'la to" MMMIbla W as support, bMn W d tallecbbn of which may be dens by us. (e) You have seMcled such.
.
soMnwe, (d) Your psymefd and did oblgaWhs Under het Agreement shah nn no way be dkdn oW an accent d at in any wayrdsted to. show said siobwwe license agrenasm argwr ne Suppliers
dbhgai nL WE MAKE ABSCILLITELY NO WARRANTY OF ANY WND.IIA REGARDS TO SUCH SOFTWARE? AND HAVE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR PERFORMMCE'Or-
SUCH SOFTWARE.
q. LOCATION OF EOUIP#AAWIINSPECTIDN. You we the owner of lie Equpmehi and agree to Veep be Equipment free and riser at all lions and encumbrances and tae only at your address chovm sbM
and.
you agree net to moos It unless we agree to 11 M advents,, We may Inspect Via Equipmereal any time during normal business hotus
S. LASS OR DAMAGE: You as ON owner at the Equipment and are responsible for the ask d lost a. for any destruction of or damage tome Equipment' No such to" or uamege felieves you from
the payment
obligation under ft AgresmaM. You $give to pnarghlly nollty us M yenning of arty loss or damage and yob will pan pay to us the prosdts wakrld the total of ag unpaid payments for Iho
full loan in descanted e(
six percent Q%). Any proceeds of M&dailce wlfl be aald to us, and crs lked against me outstanding balance.
7, COLLATERAL PROTECTION 4 INSURANCE: You apron 10.1uwp each Rem of Equiphanh rdy insured against lost, naaen(I us so lost payee. In an amour not less mall not replacement lea ufM ass
Agre asst t'Mrs in sod ei v such tem. You iiW'agree w obtain S general PubnckebNly If uranw posr.Y. from anyont vino is ecceptebir to is and Include us es Nit Insured on Utd Pogq. You
ogres W povde
us carvicatae or other evidence d Idwlkance eccepuble to us. before oft Agawam belflns of, should you with us to waive We rtatdnmeiY, we will bill you and yo i'vhg Day, a property'dolnsye
aura nafge'b( alb
Iv .0035 d Vie equipment doat as a fasukdour adnkRarttkye costs. fire it disk and Cher cosL4 m shay make a pfofrt qt tars frbgram. As )ono as you ere asrent al the time dine lams (loath
irom nendonel
aas arr sodded), Pe remaining balance awed on me Agieemanf wail he srgnwn You room Do nPa•ad to benefit from this pm0iam
9. INDEMNITY: We are not responsible for any loo at ayudes cowed ay fts ketaladMr or use of ew Egdiproom You agree w hold us harmless and reimburse us for lose and lo defend us i0airut
any claim (or
costa, Idiom or Injury coding by has Equipment or Pis Usti or relalso-tai Inv Agrssmam. Your indemnity obligation nwaes any cost, expense or Ilabldy we Pntle; ndump crhurt coos attxney
list. Inuwal and
pa(w1hes..
0 TA)(ES a FEES: You agree to pay when Pnvoad all Miles (Including personal propany law, lines and padWs) and sots rdabng to IN* Agreement or the Egnepoaa t. You agora to (a) ritmgaao
up wa col for
all pereehd t rop uy taxes V"M we and required b pay as'owhwr of the Equipment or to remit IS ice each month our askmaM at the manly equivalent of the annual proud tares to be easesed
We VS file a9
pokwar property, use & oaiNfix odic, and you ogres to pay us a proraesing fee for me" such filings. You oleo ogres, to pey w any filing feel prescribed by the Uniform Cawoer` id Code
or after law Paid
'
reMnarree us for sip teals InwlYSld in tioa Oohrg We morraedion. You Nether agree to pay us an amfiunt up to 1 %% of 11e oqulpmsat cost with a minimum of 51S(ADD an ft dale the arse
lease payment Is der to
lover On expends of a11phWUng the Agraemwd: .
10. ASSIGNMENT: YOU HAVE NO RIGHTTO SELL; TRANSPER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, YdU dndsraMiid that we, wItW poor node, have ft ngltl tq,wign
Pals Agreement to nWttw enauyng srutad wknogr yourcateent. You wwetstand Mu ft ssalprese will have fie Items mOnt and benefl l but twy do not have to pdrfopn any of our obligations.
You A" trldt
the d" of assigroa will not be sub)ect to Shy claims, defenses, or sewfis that you may have against tie.
If, DEPAULTAND REMEDIES: U you do nolpay Sty payment or other sum due to Deer pony-or us when due air If you break any d your pranxim In Its Agreement of Shy MW blybi inkul with us,
you will be '
In ddadl. N any part of a paymarl is late, you apse b pays hie aefps Of 15%d Ve psymem which it We ail ins, sot maxlmtM dwrps allowed by two. N you pie aver in default, we may ratan
your berme
deposh add at our option. we can enathale or m*W dos Agreement and alleft mil you (I I Pay in uripoW balance 4M Agresdoom Ir"ng sco u id but unpaid paymens, d 6cpvMpd lb oresent vyJusas
esi
pe roan par 0 -Xint and f21 unless yotr. Move paw pro rrfAouhl In (1), natural the Equipment w us W e WAIN designated by us. We may nIL Lase or othendee duoon of am or any am of fie
Equipment III O A6
air prMSM dele, aNh a w hobt dWVice acid may Idd raid purdwde the EadpmMl or any d l n spun web. TM proceeds of ado, tons or other disposition a1MD lest be applied to id cbns and axpeneSa
mwfreo in
le)anp, woiovlnp, nsihh , repa'snp aria rdNip a rieiw 4Neg dtopaNp d the Equpman, sUomsya h'as std coon cods, and am law obligations h~oo (suox" repayraenter then to par ad Gains rameimy
toipaN 1MME . rhth arty relmaVhttp awplve bebnpkq b you. Yau INN le oblgaMd b grey airy delfcamfy remainMg Offer such application at proceeds. We may recover mere st on any unpaid balance
at she
rele d uy ommordaf Cads u erected m Pis SMS d Minnesota qr ary other low U we Mar tas Agreement b
an albeep pb Idle possession d Ve equiprgwe, you agree to pay tr cab d repooniali a, YOU AGREE THAT
WE WILL REEPOdl818LET0 PAY YOl1 ANY CONSEl2UENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You spots that airy d" or fabure to Salome
ale d¢hM are tots Agreement doe not prevent a /ram anksrdng any agile a a lelw brae, mud to exencisr of
any mostly shag not preens the eisidse of any other remedy it is further agreed but your nghe
and rented g aregave d ,Pcddvdy by Mir Agrearetrq.
12. UCC FILINGS: You adthodse unto ieo6rd in UCC•1 dnandng statement or stalker Instrument oledrealuly at oeMnvin to ahow our Interest in Vie EgdpmenL You spree to iake arty other sdMn
we fequsal
M Pmled our Apits under On Agetun ink from type 1o tee and flat we may report a copy of Ibis Aoresmare Sit a Madhemg shilsment You will provide any tanglowl or mongsgs warver we request
to juolect our
Interest M the Equipre ft. You sueWne us to sndoise your name to any notes, riacks, or other Ins[nrnents for the paymemof money rdshng to the Equipment f6ieudno insurance).
13. GOWN PAYMENT: You undeiseno ad slinks that all DOWN PAYMENT IS NON-REFUNDABLE and DOES IhOT spot' b any other psyme i or obligation due by You ceder the Agreement with U.S.
Bancorp Business Equpmewe Fetsncu Group You Disc understand trill prone is no ncunty deposit for this Agreement
Is, LAW a JURI;DICTION: 71* Agiltitionl will be doomed rAy oxatut+d and F Frio nled•in lak ifife or mo ha iq state of ri r designed a{ It mat be assigMd from time to tale par Pamgrspril0.
This
AW Mnexl aha be governed by and mnslived In s oordana whin see hers cr Mnnesota w Sur laws of Ve tams, ones p assigned' You expressly led unadvcuonasy mruard to to lunsaWen aW vmda 0
any
celel In via Mae of Minnesota or stsipiioe's hope state and waive r#d to Still by pay for any cam at gotten aaang Dui at or retailng b the Agreement or tho Equirpmant. FuM6rpore. you
wets mo delonse d .
kf nV&IWN faun. In no event w8 tit Agreement be erdorad in any wsy that permits to to collect exetWve MiHAtL If My folwael paydasnl heretrider exc" Ve highest account dilated by law.
It am to
reduced 10 ehx:h'idq and Ve axoaa Vasnat MIWW*d to you. - In sucn event, you agree we wife not be 50*01 to My pinNVis odwlWd by law for alloelaq or chwpMg inledast In exceed of la diul
rents. You apes
w edam[ ft odpmd mNSW agreemenl SAM Iho Security Vepost to us we avemipht courier, ins Dame day at Vie faaxnhs tranNidwion of the agrelaent. Should via half to receive 1heso ompknsis,
you prat to be , .
brae by in largo copy of alas AEyasmsal with s apdopnale ngnduMS on both aides of tie docu ital. Customer a Guarantor waive ft fight to rhallengq In dote the aumwntily of s faxed copy
of On Agreement
and des faxed copy shall be aruhdued go algoiel L chap be Ihs biding Agreement 8 Supplement IM the Disposed of any enforcement action under parsigreph 11.
-
I& CUSTOWA GUARANTY: You apnea to slgrmk the'odghnal matleriease doornwito with Iho secuky deposit to the Flnancer via overniohl raixier the game ay of tr loaenbd tnuarnasl n d the lase
do horns. Should we fail to receive ft.* efigMMs, you soft* b bound by On faxed copy a I* Agreement with dpproprear atgoabret an both sides of the document Customer wapin lie doll to
challenge in
court the atMenddy d n taxed ropy of this Agreement and 06 faxed COPY Shelf De considered the 6fginal and shall be the binding Agreement for did purposes of any eatofcement acaop under
paregrabh 12.
16. SECURITY DEPOSIT: The security deposit is non Irsereat hewing Said Is Io secure your padonnance under ft Agreement. Any setxmy deposk macs may as spoked by us o solely any Amo nig"I
oy
you, in which event you wR prwedly realom to gawky deposit to its full amount all set forth above. It all comdtbon neisin w Idly compiled wkn and ofovided you have not ever been in default
of this
AgradrtaAI pa paragrean 12, the seemly depash will be refunded to you altar trio rectum a: the aquipmern M accordance with paragrepn B
10072 REV0107
Business Equipment
Finance GrauO
DELIVERY GUARANTY
AGREEMENT ? 808499-
Y ou understand and ag
gree.that in the event you are not satisfied with the delivery and
installation.of the eggipment.Ehat you -shall only look to persons other than U.S. Bancorp
Business:Equipmerq Finance Group such as the manufacturer; installer, or carrier.. and.
shat! nbt,assert azainst U. S. Bancorp Busnn6s EquipmentF.inance.Group any claim or
defense.that you m?ty'•liave)A ith reference to the'equipment grits in talhition. Further.
You 'authorize U... S. Bancorp Business Equipment Finance Group to pay suppl'ier,for the.
equipment and understand that payments shall begin•oii the same date that vo execute
. Li this Alreernenf..and shall be continuous thereafterper die. terms.of thz A_reement.
DATE
CAPITAL AUTOMOTIVE ENTERPRISES INC ABA
°RECISJON TIFNE AUTO CARE
CUS OM R
-+ 4
X
Title
4-C
Larry S. Eisman, Esquire
ID #19738
705 Montgomery Ave., 2nd Floor
Narberth, PA 19072
610 660 5009
610 668 3625 [fax]
LarrW&Eisman. u s
U.S. Bancorp Equipment Finance, Inc.
successor by merger with Lyon Financial
Services, Inc., dba U.S. Bancorp Business
Equipment Finance Group
1310 Madrid Street
Marshall, MN 56258
v.
Robert Noro, aka Robert J. Noro
432 Mercury Drive
Mechanicsburg, PA 17050
Attorney for Plaintiff
Non-Jury Matter
r ?? y X'65'
11 ``U Ojjw?•?
y -- ? ATA
Court of Common Pleas
Cumberland County
ENTRY OF APPEARANCE
To the Prothonotary:
Enter my appearance for the plaintiff.
? fr?
Larry S. Eisman
Attorney for Plaintiff
Davila). Buell
Prothonotary
Office of the Prothonotary
Cum6erfand County, cennsy[vania
xirkS. Sofionage, ESQ
Solicitor
II/30Z, CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 ® CarCisCe, TA 0 (Phone 717 240-6195 0 'Fax 71 7 240-6573