HomeMy WebLinkAbout04-3966LEASECOMM CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. DN- 39
BRAD L. WATSON : CIVIL DIVISION -LAW
Defendant(s)
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 action within twenty (20) days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney tiling in writing with the Court your defenses 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 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 TELEPHONE 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 COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
LEASECOMM CORPORATION IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. OLI -394.4(210t,L `
BRAD L. WATSON CIVIL DIVISION -LAW
Defendant(s)
COMPLAINT
The Plaintiff, LEASECOMM CORPORATION by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this
action ofAssumpsit against the Defendant to recover the sum of THREE THOUSAND, TWO HUNDRED SEVENTY-FIVE
DOLLARS AND EIGHTY-NINE CENTS ($3,275.89) together with interest thereon from June 27, 2004, upon a cause of
action of which the following is a statement:
The Plaintiff, LEASECOMM CORPORATION, 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, BRAD L. WATSON, is an adult individual, residing at 109 Poplar Road, New Cumberland,
Cumberland County, Pennsylvania 17070.
On or about April 15, 2000, Defendant did enter into a written Non Cancellable Lease Agreement and
Personal Guaranty for the lease and future purchase of certain business equipment. A true and correct copy of said Non-
Cancellable 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.
The Defendant defaulted on the obligation to make payments, and refused to honor the remaining lease
payments.
F:ALSEMSTACYACCP COMPLAINTSVCCPLEASECOMM\WOPK-SLM\30642 wpd26Ju104
6. The balance due and owing by Defendant to Plaintiff is the sum o f Two Thousand, Seven Hundred Twenty-
Nine Dollars and Ninety-One Cents ($2,729.91) as per Plaintiff's 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 of the Non Cancellable Lease
Agreement, along with a Personal Guaranty, executed by Defendant, attorney's fees in the total amount of Five Hundred
Forty-Five Dollars and Ninety-Eight Cents ($545.98) have been added to said account.
8. Plaintiff frequently demanded payment from Defendant 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, TWO
HUNDRED SEVENTY-FIVE DOLLARS AND EIGHTY-NINE CENTS ($3,275.89) together with interest thereon from
June 27, 2004.
Respectfully submitted,
KNUPP, KODA IMBLUM, P.C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:AUSERVSTACYVCCP COMPLAINTS\CCPLEASECOMM\WORK-SLM\30642.wpd:26Ju104
NON CANCELLABLE LEASE AGREEMENT
ACCOUNT NUMBER
, 1 1 I^ I -7I
it OI1 I-7
LEASECOMMCORPORATION, 950 WINTER STREET
WALTHAM.MASSACHUSETTS02451 7BI-U&0369
This is a Lease Agreement between LEASECOMM
Corporation, ("Lessor") whose address is shown
above and the Lessee indicated at right.
This is a legally binding contract. II the terms and conditions
are not fully underrstood, legal advice should be so ght.
IGZe o I I COD DER6BALE6PER6DH I I Tr ?7 ?AT?-?I
EOUIPMENT• U 1_.711
MANUFACTURER MODEL
LEASEAUTHORIZATION NUMBER
LEGAL NAME (OOFFLLESSEE (IF CORPORATION. LIST FULL CORPORATE NAME) ? (] CORPORATION
PROPRIETORS
?/'- ?- t^'"•Ar x? IUFPARTNERSHIP HIP
BILLING ADDRESS
led C,. rxtAlrJ
CITY Ma?- STAR I ZIP /"755?-
LESSEE P ONE NO.
<17 i-7;> (Is3 - 113 r
h 0
Tri n a• pn i vi
PLEASE NOTE THAT THE EQUIPMENT ANO/OR ITS COMPONENTS MAY BE NEW REMANUFACTURED OR USED.
LOCATION OF 1 ADDRESS IRO, a STREET, CITY, STATE, ZIP) IF DIFFERENT FROM ABOVE
EQUIPMENT
SCNEDUIE OF PAYMENTS
SERIALNO. A CCtC M 7 q5
ZA q9 0120r,
PAYABLE AT THE SONMO OF ThE LEASE
BASE MONTHLY PAYMENT $ e. Oil FOR -45- MONTHS
PLUS TAXES AND LOSS OR DESTRUCTION WAIVER, IF APPLICABLE
BANK WOE t 09-10NAL
ROUTING# o0Il 1.5101 Id6IS ACCTif 2a&z-r 5
YOU AND YOUR AUTHORIZED AFFILIATES ARE AUTHORIZED TO AUTOMATICALLY DEBIT
MY BANK CHECKING ACCOUNT FOR ALL MONIES DUE TO YOU UNDER THE LEASE.
AUTHORIZED SIGNATURE '
DIRST & LAST TOTAL MONTHLY PAYMENT $ 00
?J
IV FIRST TOTAL MONTHLY PAYMENT S 441.
? SECURITY DEPOSIT $
? OTHER (DOWN PAYMENT, ETC.) $ a o
TOTAL s 4(9"
^03 APPLICABLE TARES To BE MLLED WITH LUX-MGNfNLY pN01CE)
Should you find it necessary to switch to statement billing due to the above authorization for direct debit being blank, incomplete, or inaccurate or due to Insuf ipent funds in my dating mount, you
are authorized to add a $5.00 per month charge to my monthly payment amount as neimbureement tot your added services and processing expenses. In this Lease Agreement, the words "I", *me',
"mbre", mean the Lessee and Guarantor(s). The words you" and "yours" mean the Lessor "Equipment" Is the Hem I am leasing, N encompasses any combination of tangible users, rights to access or
use service, software, documentation and manuals, etc.
The total of Lease obligations required In addition to the above are excessive wear well tear charges, applicable taxes and increased charges per the loss or destruction waiver, such Increase not to
exceed the Increased cost to you of proelding such waiver. If the Loss or destruction IAfalver is included In the Basic FAenmN Lease Payment, such increase will be m0ected in that payment.
I agree to pay you the total amount shown above upon signing this Lease Agreement and I agree to pay all additional Lease payments when due sterling with the commencement dale shown above,
and every 30 days thereafter fa the lease term.
It is understood you wa debit such charges when may are due so as to sold the inarremst of late chartem I also understand and agree that automatic deMNrg of lease charge Is an option under this Program.
I agree You and your authoriaM affiliates are authorized to check my credit and employment history and to provide credit history Information to others about your cmdft experbmsWith me.
I acknowledge that I hate been informed in writing by you of the Equipment Dealers Ntmiry, and that I may have rights ender the purchase agreement between the Dealer and Lessor and I may contact
the Dealer for a description of any such rights.
The Forges bombv *P U Ott Ors AweoMW IS i till in. omromed let6 M be r '2 a"d IN, and Shalt be eMu emd lot ateotdeute wall the ]ERNS M Ut C9lnmgmNfaltp of Mapachig ells.
venal
TERMS CONTINUED OR BACK PAGE
Ias
Or
t
anl
AGENCY DMCLAIMER - NEITHER SUPPLIER NOR ANY SALESPERSONS IS AN AGENT OF LESSOR NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER THE TERMS
OF THIS LEASE. THEIR REPRESENTATIONS SHALL IN NO WAY AFFECT LESSEE OR LESSON'S RIGHTS AND OBLIGATIONS AS HEREIN SET FORTH.
LESSEE y1 LESSEE #2& nature
AiMgrhM Signatum 4 -Authorized Sknature
Print Name z W'- .90" Print Name
Tore Date Y-'5-- Title
PERSONAL GUARANTY, To Induce Lessor to enter into this Lease, the
Lessor under the Lease. Lessor shall not be required to proceed a
undersigned agrees to pay all attorney fees and other expenses tncurn
notices or demands of any kind to which the understaffed may Olher eAl
Guarantor Signature
f1 v?
Nolte aEo
Date
Comm Lease 2
By:
Date Date
EASE IT Corpore0aa
'mom
l?ytllorizfd Sere
Guarantor Signature WN 811gnabil
n x
(9appikoble) No title allowed a natur ?.
Date 1? o0
MF - 01 REV I M9
LEASE 7EtI^1S COHIINUED FROM OTHER SIDE OF THIS LEASE
COVOInceme.Cof'ease; Lease Term: The Lease will become i
date the Equlpmenl is mceived (the *m,
End of Lease Term: At to end of the Lx
1.1 can promptly rclurodhe Equipme
stated herein on a momh-to-month bas
request I can purchase the equipment h
Unless I MAY, you In writing of whi,
Deposit after deducting any amounts I c
Late Payment and Collection Costs: f
late payment. Each month the past due
house legal expenses. Such collection i
expenses, etc. There will be a processh
Payments are applied to late lees and to
Default A: I will be in delauff of this leas
1. 1 fail to pay env amount due you
1. Terminate
discounted by an
expenses, in the it
retail value of the
if you repossess the
De-Installation and 1
Maintenance of Equi
Repayment Toms. I
Warranties. I undo
I uedenland that n
on
. oramory water ano
-cards, other Imes-c
date of birth, credit
property. and Persoi
andplace you indicate, or 2.1 can extend the Nase for the same terns and conditions as
eat least 30 days prior to such termination and return the equipment, or 3. Upon my
deemed b lave chosen option 2 (Month-to-Month Rental). You will return any Secury
and In-
or for any
of the due date. 2. The Equipment becomes involved many civil or criminal actions of suits or is seized bylaw enforcement agencies doe to my neglect
hereunder) file or them is filed against me (or any isc ruaor of my obligation hereunder) a petition in U.S. Bankruptcy Court or I (or any guarantor of my
e benefit of cfeddorm 4. The Equipment Is lost stolen ar destroyed, N the loss Is not covered by the loss or destruction waiver 5.1 fail to rslum the
he Option of returning the equipment at the end of the easeierm. 6.1 nn b follow arty alter terms at this Lease.
or all of the following remedies, to me Mat permitted bylaw:
2. Require the immedam payment of all amounts then Use plus the unpaid balance of the amounts do for the original or extended term of the Lease
onthy of at Mast 4%. 3. Take possession or request tlal I return Ver Equipment to you. You will credit my account for any amounts received, net of
r of the assumed Fair Markel Value al the end of the Lease Term. a. LawhAy enter my props rry and take the Equipment. 5. Charge mo the fair market
let, or deMmcbon. 6. Keep any security deposit I hate given to you to reduce the animation. ewe. 7. Charge me any amount necessary to pm the
aapted. S. Continue to charge me additional monthly esmpaymene beyond the end of the lease-term until I haw cured the default. II. Amomatiwly
Nor bank-accounts for as money amounts I owe you. fill. Obtain, sham dell use information concemtng me. Including but not limited to, social securiy
Is, tax identification numbers ('Information-) to louts A assets, Ineludinp, but not limited to, bank accounts, mutual funds, stock brokerage accounts,
mperty for the purpose of collection of money I on you aed any interest thereon.
tssession costs, olus a $50 disoosilion In.
for any costs associated with the de-installation andM removal of fee equipment for whale
I In good operating and physical codilion it my erWerse, ordinary wear and fear excepted.
.land that the Manufacturer may hen provided a wernnly on the Equipment 1 will refer to fba owner's maaal or separate Manufacturer's certificate for the actual terms of the warranty.
u ham not given me either fig ss al 'ied r-Taptea )car the aolam m i n I ' -car amm sent- access and/or use with the egPhr ' Yes Yes gpseM+•hy, disclaimed
lea at meapanegflity andlar Maw lot Say martim•h•-b•. You dg ham in liability ter Ydlmet oer-.L - "al or apsdal dm V.- I ham el--•n aM• useWe squamem based on
and ea•re•-y disclaim any tap°-- moon an statements of repro---taan•• made by was.
u agent to correct any Inaccurately descried Identification numbers of the Equipment.
I: 1 Underm•ntl HIM no aerviclny of m Wad w orevi ld by Lpaas-- I am to leak ¦ the deahrhw las for any claim- seralNnp M warantin If any. and I mselNcellr and
u any claims, present or lature. s••hew La -- -- . Anv fsltsm mf -- ' -r. service Ad mhoosntlan d any kind. whatever. Is no hams lm nonlWellmnt of m shlh••rlen- ender
Lease. Upon my request and subject to your approval, additional eases can be added to this Lease Interwar unless I am in default Such Add-Ons wit be bound by the text of MIS Agreement and will
this Agreement by its Account and/or Lease Number.
Deshection of The Equipment. I shall bear the entire risk and be responsible for, Mss, theft, damage or destruction of the Equipment from any cause Malsoever alter I receive possession of the
am. I will notify you immediately, if the Equipment is lost, destroyed, stolen or taken by any Wbar person. M the Equipment has only been partially damaged you may require that 1 ban it repalred. If you
to it is not repairable, then it will be considered destroyed.
M. I will keep the equipment fully Insured against loss destruction, then or damage and will provide an emotions binder darning you as loss payee.
Destruction Water. You TAN waive my responsibility for joss or destruction of the Equipment and for keeping the Equpment fully insured during the ease term. Ater loss or destruction of the
ens, you will provide fa its replacement with equipment of comparable value at that hne to the oxford that 1 took reasonable care to prompting the loss or destucten of the equipment. I will promptly
to of the loss. I will cooperate with you in making any daim with respect tome Equipment, including prredding Police and Fire report documents to substantiate Me claim. It I do not prawks proof of
V. I am deemed to haw chosen to buy the Loss or Destruction Wnar at tuned rates, and 1 will pay you for such waiver.
I van send all notices to you in writing by cradled area to youraddras on the Mat page W this Lease You van send all rwlices io meat tie address listed on this Lease unless i tell you W a change Wadclaw.
a on Terms of Me Lease. This Lease explains all the Mmes and conditions for the use of the Equipment f am easing. The terms and conditions may not be changed orally. You and I most both give
win
in connection with it
Taxes. Lessee shall
Lease transaction as
I DEALERS SALESPERSON
em of this Lease. I gin you a securiy In%rni In the Refundable Security Deposit (send on the other side. If the Equipment M 10t stolen, damaged, destroyed, or A I fail to return
t of the Lease, you haw the right to apply the Refundable Security Deposit to reduce the amount 1 owe. In adtlhbn to whatever other rights you may have at law or equity. No
ridable Security Deposit.
r wily. e•••^^- I shot pat pal s•-rnn tar-,-- p.-IV. humheeau or mem,vsd-- tlMpose of N' Inge or any Inamt Msreln. or lyl L-• tem, or and The equipment or
olher than r- arm emotions. I acknowledge that any assignment by you of ay of your Informs! In this lase would neither materaiy change my duty car mMeraly Increase
t me under this Lease. Nevertheless, I acknowledge that your assignment is permikd even d such Assignment would be Oeemd to materially affect teams interest thereunder.
or mortgage the Equipment in whoa or in part without riches to me, and your assikmes or mortgagee may reassign this Lase and%or such mortgage, without notice to me. Each
;e shall ban the rights but none of the obligation of you under this Lase. I shag recognize each such assignment and/or mortgage and shall not and against the ainalynee
counterclaim, or set-off that I may have against you. Subject to the foregoing. Itfn tease lures a the benefit and is biding upon the balm, legatees, personal repmeentatc,
also hereto.
stations, additions or improvements to the Equipment without your prior written ueseat. AN addtikns and improvements made to the Equipment shall belong to you.
no shall at all homes remain, your properly: and I shall ban no right, file or interest in it wept as expressly, set forth in Ibis Lase. I won not directly or indirectly castle or Penn to
ry on expense discharge. any lien, charge or enCumbamm an the Equipment, exempt for any lon, charge or encumbrance resulting solely item your acts. You may sign and file
f of this Law, In the public a" as necessary to praised your ownership and any secumy intemed In Me Equipment. You ban provided me with a label stating that you are the
Tme to affix it to and maintain It on the Equlpmem.
is a careful mummer and shall comply with all laws metric to its possession, use and maintenance.
ad by law. I shag Indemnify you against, and hold you harmless tan, my and all claims, actions, proceedings, expenses, damages and liabilities, Including aftornys' Les ansmg
I. Including without limitation, its manufacture, selection, purchase, delivery, possession, use, operation of refute.
ty when due any and all taxes, charges, perames, interests. expenses, costs, assessments and fees, whatsoever, relating to Me equipment, whether local. state, federal. or
crate imposed on Lessee or Lesser.
roc, Vehicle Equipment Is Ialalle l In (if vehicle Installed), Bank Account Chafe. I will inform you, within one week, of any change In my name, address, billing address,
the equipment or the bank checking account used for ACH debt. You will charge me 5100 N I fail to do so. You am authorized to correct any typographic or spelling errors made
vent regarding my address, telephone numbers or the equipment leased.
In this Lease Is invalid, such IINaldlty shall not affect the welly of the mmaiwm provisions of ML Agreement and we agree to substitute for the invalid provision a valid
proximales the effect and stain of the invalid provision.
invasion contained herein the maximum amosit charged and colleded shall not seemed the marksman amount which may be lawfully contracted for, charged end received in this
If by final judgement of a court of competent jurisdiction, Including appeals therefrom.
DEALER'S Blu. OF SALE
1 homey sell, the Equipment Identified above, free and clear of any lien and
encumbrances to L COMM Corporation, a MassachusetttsCorporaflon.
Dealer Name 4141 ?svvitP 0-d- `4t
hnrlred slnnafum and Rlle ?- aln
credit is approved and the Equipment Is reeehred at the location Identified shove. The Lease Term will commence on the
is at the end of the number of months indicated effort.
AGENCY MSCIAMER
Neither soppeer nor any sslee-
perbn Is n ape at Labor mar
are they authorized to waive or
Ater the erns d this Lam. Their
nprneadea sYlf in no way
anbl Lowe ma Lowe's fights
and diffusion as herein set font.
i
or for any
f Fm enter saleagerea on Only w
1. Lease Is To Be Filed Out Before Your Customer
Spa.
2. No White Out Or Crossouls Allowed.
3. Use Ink Only.
4. No TWe Allowed On Personal Guarantor Line.
5. ff You Make A Mistake, START OVER.
6. All Shaded Areas Musf Be third In.
10-M Commerce Way
Woburn, MA 01801
STATEMENT OF ACCOUNT 26-Jun-2004
Page 1
ACCOUNT NUMBER: 20577714
Lease Number : 057771C;LEASE; INACTVE; Credit Card Terminal; Commcmnt: 5/02/2000
Lessee : BRAD L. WATSON
535 N FRONT ST
STEELTON, PA 17113-2126
Guarantor BRAD L WATSON
109 POPLAR RD
NEW CUMBERLAND, PA 17070-
Last Payment Date : 12 April,2001
Unbilled Lease Payments : (057771C)
Inactive Lease - All Payments billed
BILLED AND UNPAID INVOICES ON THE ACCOUNT
Billed and Unpaid Lease invoices: (incl. 230.30 Equipm. Value)
(Details on Next Page)
Billed and Unpaid Fee Invoices .
Late-,Bounce-, Collection-, and Legal Fees
incurred and billed to-date and not paid
(Details on Next Page)
Cash received not applied
Present Value Discount on Remaining Payments
TOTAL AMOUNT DUE TO LEASECOMM CORPORATION:
0.00
2,194.50
625.29
-49.64
40.24
2,729.91
Corporate Headquarters: 10-M Commerce Way, Woburn, MA 01801 • 781.994.4900 ' Toll Free 800.843.5327
Fax 781.994.4710 ' Website: WWW.Leasecomm.Com
.,v" cc 'N4 11:54AM KNUPP & KODAK PC
VERIFICA-TION
P.11
I, CHRIS MARINO, Litigation CoordinatorofLEASECOMM CORPORATION., verifythatthe statements
made in the aforegoing 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.
LEASECOMM CORPORATION
Chris Marino, Litigation Coordinator
Dated: -? /Z?/o I
30642
7:\USE143TAMCCP COMPLAINTS\CCPLEASECOMMIWORK•SLM\30642. Wpd:26hd04 4
,,QL
?' Q w y '
' SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-03966 I?
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEASECOMM CORPORATION
VS
WATSON BRAD L
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
WATSON BRAD L
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On September 17th , 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 35.00
.00
72.00
09/]"7/2004
KNUPP KODAK IMBLUM
So answers
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 1dw .L day of ,,1ofZN1 P?
.Lft L( A. D.
C?yP.. n yk-lj , +
rothonotary
COUNTY OF YORK
OFFICE OF THE SHERIFF S(R)ICE 9601E
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE WOTRUIDTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE Y.?LW } 1 TWU 12
DO WETT' Y .
1. PLAINTIFF/S/ Leasecomn Corporation 2.?MLT RCivil TeE*R-
3. DEFENDANT/S/ Brad L. Watson
4. TYPE OF WRIT OR COMPLAINT
Complaint & Notice
SERE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
Brad L. Watson
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
AT 109 Poplar Road, New Ctunberland, PA 17070
7. INDICATE SERVICE: U PERSONAL a PERSON IN CHARGE )(DEPUTIZE CER . MAU, U 1ST CLASS MAIL U POSTED U OTHER
CtmL ?Tcr and
NOW AUri 16 , 2004- I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute tj s?? hake return th cording
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF;;jd(COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cunberland
l Cob. ?c l rye U
v.
Please mail return of service to Ctmberland County 1,t.?1 Sheriff. Lnk ydl?
NOTE: O LY APPLI ON WRIT GFEXaEON: N.B. WAIVER OF WATCHMAN -Any deputy sheriN levying upon or attaching any property under within wnt may leave same
without a atchman, in s y of whomever i possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destr ion, or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER
Robert 1;odak 407 N. FRONT ST. PO 1M 11345 113G) PA 1710 234-7151
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO is a st be completed if notice is to be mailed).
SPACE BELOW FOR USE THE?9 ERFF -4
WRITE BELOW "a LM
13. 1 acknowledge receipt of the writ 14. GTE RECEIVED, /
or complaint as indicated above. I - I -7? /
11. DATE FILED
91 I -OV
15. ESphafo /Hearin I
16. HOW SERVED: PERSONAL( ) RESIDENCE (,A POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELO'
17. ? I hero 'fy and return a NOT FOUND because I am unable to locale the individual, company, etc. named above. (See remarks below.)
18. NAM ND F NDVDU SDRESS HERE IF NO SHOWN ABOVE (Relationship to Defendant) 119. D@te of Siervice 20. Time of Service
f. tJ I //. A/ iiva ile t. Date Time Miles I Int. I ate Time Miles I Int. Date I Time Miles Int. I Int. Date I Time Miles I Int
n3C'
22. REMARKS:
23'? Advance ?Costs 24 Service Costs 25. M/F V6. _Mileage 127. Posta9el ?28 '3 Sub 129. Pound 130U0 ry 131. Surch9. 32 T . C9gISI 33. Cos?Du/ea efuntl Chet
34. Forolgn County Costs ayJrl 35. Advance Costs 136. SService-e Costs 137. Notary CeRL.+J 138. Mileage/Poslbtaltge/Not Found 139. Total Costs 40. Costs Due or Refund
47. AFFIRMED and subscribed to befor this l-A0 SO, WERS 00, ignalum of 45?lyTEu
Yl1H YIvYi
42. tlay of (r,L1G - • ? 1 _ W /NARY Deg sheriff 47. DATE
I Notarial Seal - 48. Signature off
James V. Vangreen, Notary Publio County Sheriff
City of York, YorK.,ounty, Pq 17ILLIAM M. NOSE, 4-30-04
My Commission r->s- s nfar. 21, 2005 48, Signature of Foreign 49. DATE
Courtly Sheriff
50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Issuing Authority 2. PINK - Attorney, 3. CANARY - ShedRs Office 4. BLUE - Sheriffs Office
October 6, 2004
Lease Comm Corporation
Plaintitt
Brad L. Watson
File No. 30642
Defendant
In the court of common pleae
Cumberland County, Pennsylvania
No.04-3966 Civil Term
Civil Division law
Poliminary objestion
The defendant-Bradley L. Watson, wishes tooenter a poliminary
objection Pre se. Claim not files in proper county (Venue).
1. The defendant Bradley L. Watson, resides at 109 Poplar Rd.
New Cumberland, Pa., 17070, In york county since April
1988.
2. The plaintiff 1Leasecomm Corporation and its attorneys Knupp,
Kodak and Imblum, P.C. exicuted the agreement at Yingst Auto
Sales - owner Bradley L. Watson, It 124 West Main Street,
Mount Joy, Pennsylvania,17552 located in Lancaster County.
3 The defendant Bradley L. Watson contests this action of
assumpsit. The agreement was not cancelled, but was trans-
ferable. Leasecomm Corporation was given.a transferee which
they neglected to complete the transfer.
4. Due to the defalt of Leasecomm to follow through with the
transfer to the transferee and filing in the wrong county
(venue) I Bradley L. Watson request an appeal and chance
to defend myself.
Respectfully submitted
cc Knupp, Kodak & Imblum, P.C
Cameron mansion
407 North Front Street
Post Office Box 11848
Harrisburg, Pa., 17108-1848
Bradley L. Watson
Work Phone: 717-766-8422
Home Phone 717-774-5029
Cell Phone 717-991-8031
109 Poplar Road
New Cumberland, Pa., 17070
?T??? SEAL
NANCY A. MET2EL Notary pubic
Me pdM'T+W Cumperland
Y 9
G?
r?
t NON CANCELLABLE LEASE AGREEMENT
ACCOUNT NUMBER
LEASECOMArCORPOMTI0N, 950 WINTEp STREO t
onoommed You wt. debit such charges when they are due so as to avid IN inCUMP¢ of late charges, l aim understand and agree that automatic debiting of lease charges is an option under this Program,
I some you and your authorized affiliates are authorized to check my credit and employment history and to provide credit history Information to others about your credit uNnence with me.
I ackmowladg
fh e Deafer ra e tat I have been informed in writing by you of the Equipment Dealers identity, and that 1 may have rights under the purchase agreement between the Dealer and Lesser and I may contact
ah desenWbn of any such dghts
Th. P.Alr A ? u ....
TERMS CONTINUED ON BACK PAGE
AGENCY DISCLAIMER - NEITHER SUPPLIER NOR ANY SALESPERSON IS AN AGENT OF LESSOR NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER THE TERMS
OF THIS LEASE, THEIR REPRESENTATIONS SHALL IN NO WAY AFFECT LESSEE OR LESSOR'S RIGHTS AND OBLIGATIONS AS HEREIN SET FORTH.
LESSEE IT LESSEE #24H
Authorized Signature Authorized applicable)
aurae EASECOMM Corporagdn
Print Name a-
Print Name By:
This De_+ ?_cr--- Date `(-/S^u•' pC a-Signature
Title Dale Date . 7' ! I ???}
PERSONAL GUARANTY: To induce Lessor to enter into this Lease. the undersigrfed part Unconditionally guarantees to Lessor the prompt payment when due of all of Lessee's obligations to
Lessor under the Lease. Lessor shall not be required to proceed against Lessee or the Equroment or to enforce any other remedy before proceeding against the undersigned. The
undersigned agrees to pay as attorney fees and other expenses incurred by Lessor t reason or the Lessee's default. The Undersigned waives notice of me acceptance hereof and or all ether undersigned LaLame or mtahee rreeleeaas anndoTM rbomise of an may Laotherwise be mtlty; The blgors agned nd ooanorffon u,l arry extensions: extensions: of time or madifilatforrs in me amount of payment granted to
any obligations s of of Lesue or anl?er
Guarantor Signature Guarantor Signature ,
Witn 6s Signature
tt n
Date y / c,ap°t1 as ow (ap e) o16F xl es natur
Date a0
Comm Lease 2 Co
EXHIBITy" MF • 01 REV 10/99
a
LEASE AUTHORIZATION NUMBER
I? 1? I? I r I / 1? I I
LEASE TtiwS COInINUEO FROM OTHER SIDE OF THIS LEASE
Commence me..: of Lease; Lease Term: The Lease will become effective only slier my credit is approved and rise Equipment is received At the location Iderralied
date me Equipment Is moeived (the tommenament data') In above 1=1100 and expires at the end Of If. number of months indicated above. above. The Lease Term will commence on the
End of Lease Term: At the end of the lards Term I have the fallowing options:
1. I an promptly return the Equipment in good condition, except for ordinary wear and lear, to you "to the Anson aM Dina you indicate, or 2.1 an extend the lease for the same Gms and conditions as
sated herein on a month-mytdafh basis until such Ame as 1 give you written nods that I elect to terminate time kale at lout 30 days prior to such Rumination and return the equipment at 3. Upon my
request 1 as purUfnA ma equipment tar the lair market value as quotetl by you At that time plus any applicable Lams.
Unless I notify you In writing o wAkJh option i chocse fad days odor to the expiration of the Lase Term, I shah be deemed to have chosen option 2 (MOnlh-Oo Month Rental). You win return any Security
Deposit amen dduotkq any amount 1 owe you under the Has ions of tht agreement it l choose option 11rom above,
d Collactlanw ee t Oni remainspun
La 'IM enta an eat within 5 days of Its due date, I must pay you n addtion to the payment a tale charge o115%ottie amaum pal due (btda(kart 55.00) for each
lase payment Each Cq the du pry ma
ude huh paid, an AcQ G itional late ice in the amount defined wit be insisted 1 wdl pay you your colleaon costs including reasonable anornays' lees and in.
legal expenses. Such cast incl, ro not limited charges for collection loners and mllectlon phone ass you make, Charges for collection-agenda, courts, sharing. witness travel
expenses, etc. The re oval be A processing cage of 520.00 ar whatever I
boum se Is allowable by taw for any returned check or for any rejected credit am charge or for any rejected automatic bank account debit
Payments are aPpted G his G coel aMllection to Orocesan " Churn` e a arsI and Oren to Lease obligation.
Default A:1 will be m de faun W tht lease ib
1. I fail to pay atry amount duo you wAlhin 10 days of the due dais. 2. The Equipment becomes involved in any civil or aimitit actions or suits or is seized by law enforcement agencies due to my neglect
orfio.t Fa I (or any guarantor my obligation hereunder) Ole or there Is filed against me (o any guamavGr of my obligation hereunder) a petition In U.S. Bankruptcy Court or I far any Guarantor of my
abligaen und der) love roof an aseignment Gr IAe basin of credito
he rers. 4. The Equipment is lost, stolen ar destroyed, If the loss Is not covered by the loss or destruction waiver. 5.1 fail to mlum the
equipment at me end of time lose-Gam it I Ran Goan me option of reWmhq the equipment At [he end of Me leas"Fin. 6. 1 fail to follow arty other terms of this Lane.
ou have the right to exercise any or all of time following remadles, to the exent Dennltled M taw:
. Terminate this Lase without giving me notice. 2. Requke the
Default B: If I default Elm
immedhh prymem ot all amounts then due Dice the unpaid balance of the amounts due for the original or extended term of the Lease
nled by an annul discount rate compounded monthly of at least 9%, 3. Take possession or request Out I return Oro Equipment to you. You will credit my Account for any amounts received, net of
ses, k uM mspalllon ot Ole Equipment in ezcas of the aswmM Fair Market Value al the end al the lease Term. 4. awlufly enter my propsrry anti take the Equipment. 5. Charge me the fair market
lue of the EgmDmem on IAe dais of its loss, mem, o destruciion 6. Keep any Seeuriy tleposk 1 have given to you to reduce the amount I owe. 7. Charge me any amount necessary to put the
ent W good condition, ordinary wear and Wr excepted. e. Continue to charge me additional monlAyreas-payment heyprd the eM of the Iawterm unit I bow cured the default. 9. AutomatiWty
arty ar all of my eredff-ara,other Iinst-ofaedfl orconk-account for an money amounts I owe you. le. Obtain, snare aM use inforrtation concerning me, Including huh not limited to, social security
r, employment come, cola of bWh, credit reports, tan lderttillcalbn numbers ('Inkrmatipn? to taste ad users, including, but not limited to, bank accounts, mutual funds, stack brokerage accounts,
market accounts, met property, and personal properly Gr the purpaE al collecion of money I Owe you and am/Interest (hereon.
RDOSsess the Equpment. I wig pry you your repossession cast, plus a 550 OisposiHan Ir..
tallatan and Remanl Charges. I am fogy msponsibk kr any cost associated with VN de-installation aM/d removal of the equipment for whatever reason.
nance Ai Equipment. I agree to maintain IAe Equpmem in good oparatmq and physial conWlion at
ment Terms. LTWly reeanize d Mt tad t I are em d t tie my extaense, artlinary weer and lareacepled.
nlias. I undemtnd that the ,...nuhmurer may haw proWded a warranty on the Egmpment I wig mien to Me owners marvel or separate Manufacturer's Certifate far the actual terms of the vrarrante
rstane that n A e n f of nth rmreas ar Implied remldhee w rn....h.m.r 1 __ ,___,__ _. _..__ _
ma-On Leases. Upon my request and subject to your approval, additional lean an be added to this Lease Agreement unless I Am in default. Such Add-Ons will be bound by the text of this Agreement and will
denliy this Agreement by its Account an//or Lena Number.
,on or Onlrection of Ills Equipment. I Shan hear the entire risk and be responsible for, lass, thM, damage an destruction of the Equipment from any cause whatsoever aver I receive possession of the
:gUipmenl. I will notify you immediately, it the Equipment is lost destroyed, stolen or taken by any other person. It the Equipment IDs onhl been partially damaged you may require Ihat t haw it repaired. If you
lelermine it is not repairable, then it wNl be considered desuoyed.
nsurance. I will keep the equipment fully insured against IaS dntmctiun. then or damage and will Provide an iamence binder naming you as lass payee.
:eau or Destruction Walvef. You will wain my responsibility lot less or destruction of the Equipment and for keeping the Eguipmenl fully insured during the lease term. After loss or dntmction of the
:quipmenl, you will provide for its replacement with equipment of comparable value at gat tame to the extent that I took reasonable are in preventing the loss or destruction of the equipment. I will promptly
)miry You Of the lass. I will cooperate with you In making any claim with respect to the Equipment, including providing Police and Fire report documents to substantiate the claim. If I do not provide proof of
uurance, I am domed to have chosen to buy the Loss or Destruction Waiver at cument rates , and 1 will pay you for such waiver.
lance. I will send all MUM to you lnwriting by cerG6ed mail to youradchmm on the from page ot tide Leau You wee sendall polkas iome al th address listed on ttds Lease unlns I GII you ot a change al address.
:hanges an Terms of the Lease. This Lone explains an the terns and condtions for the use or the Equipment 1 am leasing. The Gms and condmons may not be chengd oany. You and I must both giro
amen approval before any changes are made.
:ollalenl. As security for payment of this Lease, I give you a security Interest In the Refundable Security Deposit mud an the other side. If the Equipment Is lost, stolen, damaged, destroyed, ar 01 tall to return
he Equipment to you at the and of Me Lase, you have the right to apply the Refundable Security Deposit to reduce the amount I owe, In addition to whatever other rights you may have at taw or equity. No
serest will be paid on the Refundable Security Deposit.
--.r.?„„•,u.rnrpxteuupon under MIS sue - --- ---•,-• --,,,,,,,m•.,,.,ra mue,uum Fenner marermry, cringe my duty nor Fasterially insrase
'au
may assign this Lase anger mortgage the . e Equipment w in rthaku, I Ackawwledge that Yom assignment is permatad Ann O such Assignment would be deemed to materially affect kssa's Interest thereunder.
:ucn assignee ad/or mortgagee shall ban the rich whale or in Dart without notice to me, and your assignee or mortgagee may reassign this Lane and/or such mortgage, without notice to me. Each
is but none of the obligation of you under this lease. 1 shad recognise each Such Assignment Marc, mortgage and sham notlepatas,ssurtagaalknl the a to1p a
Adfut mortgages any defense, counterclaim, or set-on Mat I may have agaktt you. Subject to the foregoing, this Lease inures M the bereft and is binding upon the help, person mpnssntethes.
ur, ivurs and assigned of the patio hereto.
Neratlon. I shag not make aRersdons, additions at improvement to the Equipment without your prior written consent. Alt additions and improvement made to the Equipment shall belong to you.
Nmership• The Equipment is. and shall at all lima remain, your Drapery: and I Shan ban no right tide of interest in it except as a Dandy set Grin in this Lase. I win not directly or Indirectly create or permit to
Gist, and will promptly and at my own expense discharge. any ban, charge or encumbrance on the Equipment, except for any YAM charge or encumbrance mulling solely from your acts. You may sign and file
ry documents, Including a copy of We Lane, in the public mcores a necassary to protect your Ownership and cry security interest in the Equipment. You have provided me with a label stating that you we the
wner of the Equipment and 1 agree to affix it to and maintain It an the Equipment.
'se. I Stoll use the Equlpmem In a careful manner and shall comply with all laws relating to it possession, use a ad maintenance.
+demmfty. To the extent permitted by law, I Shan indemnity you against, and hold you harmless from, Any and all Claims. Actions, proceedings, expenses, damages and liabilities, including attorneys' uses arising
I connection with the Equipment including without limitation, its manufacture, sekchon. purchase, delivery. Possession, use, operation or vetum.
BAGS. Lessee stall pas Dmmptly when due any and all taxes, charges, pewties, Wternit, exPen5a5, cost, asessmenh and 1as, whatceven relating to the equipment whether lout. errs, (coast. or
,hlaw 9 seal Mahme, If tiny ?dr?atsr ?ry hkie Equipment G IrM?alled In (If ""CIO IaGlled), San' AAwanl CA
aephone numbers, tocatian of time equipment. o the bank chaeldnp account used foACH able You wig charge aerie 570014 I fa I to do so.'raa are one authonaetl to C°cr'recfe In my name. adOraA billing addnss,
n the from of tnis LeasA Aprenamm I A Ing my Address , I ephone numbers a a agulpment leased . any yPOgnpMC or spelling errors made
Iiscellaneaua. II any provision W this Leau is inralld , such Irmgdly snail nMM aneot the wptlly of time mad" vp provisions d rat Aprament and we agree to substiluG tear the imRlid provtion a valid
mwi um which most closely apprexnmahn tw stem aM Intent of the urn I proviska
Nelwilhsfanding amy Inane an contained henna the an Ms. amount charged And calledad shah mat aceed ins msdmum amount which may be lawfully contracted for, charged and received in this
ease tran5actfOn as Oete mine tl by final judgement of a court W comDatent)urisdiction, Including appeals Iheenirom.
u?n u DILL ur apLt
I hereby sell, the Equipment Identified aboare
free and
l
f AGENCY MCLAlbtER
rNli
m
lie + Far dealer selespe raoe use tiny *
,
c
ear o
any lions and
encumbrances to LEA^
COMM Corpmation, a Massachusafls Cor
oration
an
an
say
r tar Lester Islas-
ire th
y Au
ori
ed to wai
e of
1. Lease Is To Be FlAed Out Before Your Customs
S
ne
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p
, e
th
z
v ti
Dealer Name aller the letmsof this Leaw. Their 2. NoWhteOutOrCrossomsNlowed.
sei fesenlart ans shall Iris no way 3. Use Ink Only,
r,? affect Leasers er Leasar'S rights
sad obligations as herein set forth. q. No Tits Allowed On Personal Guarantor Line.
I ho Ix d glnnablm anti T'itlr gale
I S. ff You Make A Mistake. START OVER.
6. NI Shaved Arses Must Ile Filed In.
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Curtis R. Long
Prothonotary
office of the protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
n y " 2%ja CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square * Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573