The URL can be used to link to this page

Home My WebLink About06-2738 SUSQUEHANNA PATRIOT COMMERCIAL LEASING CO : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. O/.,. - :211/ c{~)~ '-r~ DAVID L. ELLIS individually and as personal guarantor for DAVID L. ELLIS AGENCY, INC. Defendant CIVIL DIVISION - LAW REPLEVIN COMPLAINT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend againstthe claim setforth 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 an attomey 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 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 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 105 proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DE BE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO T1ENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 SUSQUEHANNA PATRIOT COMMERCIAL LEASING CO : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 0(" - :2.~ Jt G,'u~L ~( DAVID L. ELLIS individually and as personal guarantor for DAVID L. ELLIS AGENCY, INC. Defendant CIVIL DIVISION - LAW REPLEVIN COMPLAINT COMPLAINT The Plaintiff, SUSQHEHANNA PATRIOT COMMERCIAL LEASING COMPANY, by its attorneys, KNUPP, KODAK & 1M BLUM, P.C., brings this action against the Defendant to recover possession of the equipment listed in Exhibit "A" attached hereto, and in furtherance thereof, sets forth the following: 1. The Plaintiff, SUSQHEHANNA PATRIOT COMMERCIAL LEASING COMPANY, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2. The Defendant, DAVID L. ELLIS, personal guarantor for DAVID L. ELLIS AGENCY, INC., is an adult individual with an address of 1326 Somerville Avenue, Apt 1013, Philadelphia, Pennsylvania 19141. 3. The Defendant, DAVID L. ELLIS AGENCY, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its current office at c/o: David L. Ellis, 1326 Somerville Avenue, Apt 1013, Philadelphia, Pennsylvania 19141. 4. Defendant herein, David L. Ellis, is the landlord of the premises located at 3552 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011, where the subject equipment is located. F:IUSERIROBINICCP&OJ CMPSICCP COMPLAINTSISPCLC.3060074.REPLEVIN.wpd: 10May06 2 5. On or about May 14, 2003, the Defendant entered enter into a Business Lease Agreement with Plaintiff for the lease of certain office equipment as set forth on the listing attached to the Lease Agreement as Exhibit "A". A true and correct copy of said Business Lease Agreement, including personal guaranty, early commencement addendum, Certificate of Resolution and Schedule "A" equipment listing, is attached hereto, collectively marked as Exhibit "A" and made a part hereof. 6. The Contract between the Parties was formed and accepted at Lancaster County, Pennsylvania. 7. By the terms of the Business Lease Agreement attached as Exhibit "A", Plaintiff maintained a security interest in the leased equipment set forth on Schedule "A" of Exhibit "A" hereto. 8. Defendant has defaulted under the terms of the Business Lease Agreement by failing to make monthly payments when due and owing. 9. The equipment in question, due to Plaintiffs lack of knowledge as to its condition, has an unknown retail value. 10. Defendant has failed and refused, despite repeated demands from Plaintiff, to pay the balance due under the Business Lease Agreement or to deliver possession of the equipment in question to the Plaintiff. F:IUSERIROBINICCP&DJ CMPSICCP COMPLAINTSISPCLC.306007 4.REPLEVI N.wpd: I OMay06 3 WHEREFORE, Plaintiff demands Judgment of possession, together with reasonable attorney's fees, interest and costs. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. /~ Robert O. Kodak, Esquire ------ 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 10 No. 18041 Attorney for Plaintiff F:\USER\ROBINlCCP&DJ CMPS\CCP COMPLAINTS\SPCLC.3060074.REPLEVIN.wpd: 10May06 4 .~ Sllsquebanc LElilse C~..P!O. Box 8~ Manhei~ PA.17545 Ter~41M252 "AY . 'Business Lease Agreement .' , Ii l I.; me3 Lel!s.eN~,,// ila~:J. ..... .. Lessoo1iiiitmaijon DAVID 4~LLlSAdl::NCY.INC Lessec'Full tep:lName 3552 OLD GETIYSBURG ROAD BillingAddieSs 35520LD.GETIYSl!l11JlQ1lQAD CAMP HILLPA 17011 Etl~!~L~';::>~':~i,'~::;"""'r' v endor InrMinlitlil~ NBTCOMM SOLUTIONS INC E u1 e~t lli'fo~:ame u-aIltJ" Serial No.' ComJl1eD,~ement Date 6!2!Q3 (717) 737-0200 Lessee Phone Number CAMP HILL City County PA State 17011 Zip PA Customer State ofR:cgistrati.onIR~ ()~tion#\:' Contact Name (717) 791-5275 PhopeNumber ,,: /,~" Equipment to be insured by Lessee (paragra h No. II) Manufacturer ';{.:;i:' Descri tion See attached schedule 'A' "1' 35 $1,325.52 (Plus Any Applicable Taxes) See Attached Invoice Security Deposit Number of Advance Payments Initial Temlof Lease Payment Schedule Number of Remaining Payments Lease Payment Document Fee 36 months 12 payments per y~ $.00 Accepted in Lancaster County, Pennsylvania, SUSQUEBANC LEASE CO., LESSOR By JfQAA~' k PrintN~me, ':"'i~' ':, .' .,"'-4 Date Accepted: Title: 6/2/03 Lessee Signatur The signer affirms tba proprietor Of the abo on its behalf. In witn s CANCELLABLE By: Title: SURETY AGREEMENT This Surety Agreement is,~xecuted far the benefit .of Susquebanc Lease Co.,' its successars and assigns ta induce Susquebanc Lease Ca, ta enter into,thelilio'V'eq~i:L~' ~ above named ,LESSEE. , The undersigned sureties jaintly and severally unconditionally guarantee the fun performance by LESSEE .of the abave Lease~ i~Clud.j~~t,h~W the promp~ pa-yment when dceof each monthly rental payment due and payable under such agreement. \ The undersigned sureties agree ta pay all costs~"#:p~se~, "ine attamey'srees, incurred by LESSOR in enfarcing the faregaing Lease and this Surety Agreement. Ta enforce the liability .of Sureties under this Surety Agreement'.LES nat be req~ired fitst(a)to give Sureties natice .of LESSEE'S default, (b) ta repassess the equipment, or (c) ta accept late payments .of rental. The tenn:afth~'faf~going IfaSd.J?ay ? be ex~ded,amtthe Lease may be amended fram time to time withaut natice ta Sureties and withaut defeating .or diminishing this continuing Surety ~~~i'Ybi,e~ .~~..~~:'I;,;,,:~',{ continue in IuUfarce and effect with respect to the Lease as extended .or amended. This Surety Agreement shall be gavemed by and construed in acc~~;wj't1r}p~l;a\~?~J?r[g}F;~ Cammanwealth .of Pennsylvania. Sureties hereby cansent and submit ta the jurisdiction .of the respective courts .of the Caunty .of Lancaster .of the COttimOnwealthof,pennsylyi\itiar;; far purpases .of enforcement .of this Surety Agreement. F.?h '-r ju.s4", . , Individually C;ERTIFICATE OF ACKNOWLEDGEMENT AND ACCEPTANCE OF LEASED EQUIPMENT ANblN The undersigned, LESSEE under the abave Lease Agreement, hereby acknowledges receipt in good condition .of all the items described abavean~,.-" Equipmenti' its;parts,ahda~ssaries, further acknawledges being campletely satisfied with its delivery and installation and hereby certifiesthat~; satisfactQrily:perf~ all covenants and conditions ta be perfarmed by it under the above Lease Agreement. The undersigned LESSEE aclalC):Wl~ ~ that the abOyc;described'Leaseis non"'Cancellable for any reason far the term indicated and accarding to the terms and provisians thereofrCC()gn~' na r~sibiJttra:s:,to~onnance .or maintenance of the ment leased herein, By this acknowledgement LESSEE authorizes LESSOR ' supplier(s}of tlje]$quiplnent described in the abave Lease. F her, LESSEE agrees to .obtain insurance coverage on the leased Equipment U, satisf~tory to'l1lSS0R as specified in Paragraph No, 11, will provide LESSOR with a certificate .of insurance as loss payee within thirty (3:G) EqUiPment,."., . . , ,.,>0;;<,'".'. D~'re ~J~~~n.. . .,. '.. !;t~I1't" By. (SEAL) Title (SEAL) Title By , . TERMS AND CONDITIONS OF LEASE - PLEASE READ CAREFULLY BEFORE SIGNING. Inconsi&rationor~tualpromiscll<<mtainedhereinandintendingaobelegaI1yboUIllihereby,lhepartiellagrccasfollows: _ I.Lease ofEqulpmcnt. LESSOR hereby Ieaw to LESSEE and LESSEE hereby leases and rents from LESSOR the pcr50nal property deScnbed above (herein called "Equipment") upon the Ienns: and conditions and for the rent 851Ct forth ~. . .. 2;.Tenn. The leueterm c~ onthedatc ofaa:eptancc of !.ease by LESSOR and shall terminate upon the expiration Dflbo specified period. The Lease is non-clUlcellablc and contains no provision for early termmatlon by LESSEE. 3.Rent. LESSBBJireelI tomdurina the term ofthill Lease aggregate rent equal to the total number ofrcnta! pa}'lTlellts specified above, lI1IIltiplicd by the amount creach payment spocificd above inc1udini taxes, The sec~y deposit andIot the prepaid rental paymtl:\18 !llilpeCitied above are payable at, the time of the signing of this Lease or any later date selected by LESSOR. An rentshal1 be paid 10 LESSOR at the address set forth above, or as otherwise directed by IJiSSQR. 4.DISCLAIMER OF WAJtllAN'['IES; LESSEE ackoowledj:es that the Equipment was selected and will be maintaiMd solely by LESSEE. LESSOR makes no express or ~\ied WamlIItics as to any matter whauoever, including, withoullimitation, the dcaip. or CODdition of the Bquipmollt, its merchantability or its fitness for any particular purpose, its quality, capacity or wor1ananship, patent infringements or latent defects, or complilUlCe of the Equipment with the requirements ofllll,Y,law,~ wcci/il:ld.ion, or contract relating ~o:, LESSEE understands and agrees that neither tM vendor or supplier nor any salesman or other agent of the vendor or supplier is any agent pfthe LESSOR. No .alesman or qent of the veMor Of IIllpplier is autjtorizcd to waive Of llIter IlIl)' tenn Of condition oftM Lease, 5,ClItm. Aplftlt Supplfer.LESSEE aarees that any claims with refercacetp the installation, delivery or operation of the Equipment shall be made aaainst the vendor or supplier, and that notwithstanding any claim LESSEE may have against vendor or supplier, LESSBRshaII pay LESSOR all rents and1lther monies payable hereunder, Furthermore, LESSOR authorizes LESSEE to enforce in its own name any warranties, aareements or representatiOll9, if any, which may be made by the vendor or supplier ofthe leased Equipment. LESSOR hereby lISsigns unto LESSEE, for the term of this Lease and for the purp0ge of making and prosecuting any such claim, all ofthe righlli which LESSOR hllS against vendor or supplier for breaCh ofWuranty Or representation respectina the Equipment. 6.Loeatlon. The Equipment ~ be deHvered and thereafter, kept, maintained and located at the location spoc:ified above, and shall not be removed Iherefrom without LESSOR'S prior written consent. 7,Use. LESSEB shall use the- Equipment in a careful and proper manner and shall COfllIly with all laws, ordinances and reguJatiOll9 relating to the possession, use or maintenance of the Equipment, and LESSEE shall be entitled to derive all proceeds fn.mt use of the Ie.edBquipment, 8,Lessor'.lnspeetloll. At aU ~Ie times during ~ineu hours, LESSOR or its authorized astntlshaH have the right to inspect the Equipment or observe its use. !l.AlteratiolU. Wttbout prior written consent of LESSOR, LESSEE shall not make lllIy alteratiOll9, additions or improvements to the Equipment. An additions andirnprovements of whatsoever kind or nature made 10 the Equipment shall belong to and become the property of the LESSOR upon expiralion, or earlier termination, of this LellSe.l0.Repall'J, l-BSSEE, at its own cost and ltq)Cnse, shll1l keep the Equipment in good repair, condition and working order and shall furnish any Ilfld all pam, n1ecbanillnil and devices required to keep the Equiplpent in goodmcchanica1lU).d.wyrkin$ order. 11.~ranee, LESSaB .hall carT)' insurance in an amount at least equal to the T01al Payment against loss or d8mq;o by fire. theft or other Iosse. CIlItonmlily covered by insurance Ilfld will furnish LESSOR with a certificate or certificates ofsuch insurance with a loss payable endorsement in favor of lESSOR andlor ill designated assignee. LESSEB shall requireinsurcrto 1ncludc a c!aulle in the policy which prohibill.canccllation of the policy for any reason without insurer first Jiving to LESSOR thirty (30) days' written notice of intent to cancel. LESSEB shan and hereby sgre/:l to maintain in force durinathe ti:rmhereofadoquate public li$bllity ~ce coveling the Equi~t and insulina both LESSEE and LBSSOR against all loss, damage, claim, suit, sctian, or liability srising out of tho ownership, " poISCllIIion, mainten~, ~on 91" IlSe of the Equipment. If LESSEE faih; td obtain andmaintain in eft'ectthe requisite insurance policies, LESSOR, with no prejudice Of waiver ofany other right hcreunderor provided by law, may at ltI option ca\$Cl such inivraMe tO~\:Je iMued and LESSEE hereby agreestorepay hnmediatel~ upon demand all SUtnl. expended by LESSOR in doing so with interest at the then highest \egal rate 'of interest not to exceed 21%, 12.AIIIlMleJlt. tBSSEB.hSllfrPt aUigltthit Leale, nor seD, PIodP, h~, lend, sublet or otherwise diSpose uribe Equipmentwithout prior written consent ofLBSSOR. LESSOR.1'!18Y assign this Lease and all right, title and intcrert of LESSOR thereilland~.thc Equipment and to all rent due or to become Aue LESSORhereunder, LESSEE win recogniu such a$lignment and furnish llSIignee with a written acknowledgement that this Lease is in full force and effect and that the LESSBE is nOt,'brtitled to any counterclaim or setoft'.IJ.SilrttDdet: On or before the expiration or termination of this Lease, LESSEE, at its ex~, and with shipping and handling costs prepaid, .hall return the Equipment in first-class condition and repair, ordinary wear and teilr'exceptCd,by cleJhicringsaid Equipmcntto LESSOR'S office or to such other placCllS LESSOR may specify.14,L1ens & Taxes. LESSEE sha1l keep the Equipment free and clear ofalllevie&, liens and. encumbrances and shall pay all license fees, reaistration fees, lISsessments, chqes and taxes (federal, municipal and state, includina personalproptrty taxes) which may now or hereafter be imposed upon the ownership, leasing, renting, sale, possession or use of the Equipmeilt. IfLBSSBB fails to pay any of said fees, lIS8C11STJ\C11ts, charges or taxes, LESSOR shall have the rlj;ht, bul shall not be obligated, to pay the same, In that event, the cost thereof shall be repayable to LESSOR lIS a4ditiona1 rml, and flU lure to repaythe:sameupon demand shall constitute a default under this Lease,15.Indemnlty. LESSEE shall indemnify LESSOR against, and hold LESSOR harmless from, any and all claims, actions, auits, procoedinp, COlIs, expenditures, damagescdliibilities,dncludirls Ittomey'S feel, arising out of, connected with or resuhing from the Equipment, includina without limitation the manufacture, selection, deliv=y, pD!lSCSsion, use, operation or rctIJi'n of the Equipment.16.Credlt.Wonn'611n.LESSBB wlllTanlli that the application and credit or financial infonnalion submitted by LESSEE are true and COlTCct, and made to induce LESSOR to enter into this Lease and 10 order,the Equipn:tqntfrom the 'il:ndor orsupp1ier, LESSeE aarees to furnish additional credit information upon request ofLBSSOR, 17,lHfault. If LESSEE fails to pay any rent or other amount herein provided within five (5) days after the samt'js due and'Pllyab\e; or LESSEE shall default in any agreement or in payment wheti due of any indebtedness ofLBSSEE to LESSOR or any affiliate thereof arising independently of this Lease; or if LESSEE filiI, to observe, keep orperform 8riy other provision of this LellSe req~ to be observed, kept or performed by LESSEE (including but not limited to the Jiving notice lIS herein provided); orifLESSEE ceases doing busintsli IlII a k goina concern; or ih petition is.fIIed by or againstLBSSEB under the BankrUptcy Act or any amendment thereto (including I petition for I'tOIllanization or arrangement); or ifa receiver is appointed for LESSBE or illi property; or if ! LESSEB commit5 an act ofbankruptcy,~ insolvenl, makes an lIlISlgnment fur tMbollcfit or creditors, or offers a composition or extension of any ofits indebtedness, or ifLESSEB(without LESSOR'S prior consent) attempts to r; I'CIMve or sell or IranIfcr or encwnber or:t.ub1et or part with the poSliCllsion of said Equipment; or ifLB~OR deems itself insecure; then in any of these events LESSOR shall, in addition to any other remedy provided by law, have the right . tot&k:e immediate posseulon of the 1~~Equiptnent and aU additionr or ~vementl made therckl, wherever located, andlor to terminate this Lease, LESSEE hereby authorizer LESSOR to enter upon any premises lawfully for the ~. purpose of taking poll$CSSion. o.fthe. Ie. ased ~.. ........ fter such taking and removalofsald leU." ed Equipment to hOld. the same free and cle8l' of this Lease and of any rights of LESSEE hereunder.II.L1quidated Dam'lts. LESSEE ~ shall be liable for and LESSQ,R~,recover tI:omLES~as liqui~dainages for th4 bre:al:hoftbis Lease the following: (a) All Wlpaid payments at the date of retaking or redelivery of the lellSed Equipment, or LESSOR'S termination of this Lease due to a defaUlt ofLBSSEB;: (b),.u pa~ due and to becolti:l due hereunder upon default by LESSEE; (c) The rellSonable cost and expense ofretaking possession of the leased Equipmcnl; (d) all other sums payable by LESSEE to LESSOR. pursuant to tbeterml of this ~ascAgrecnient; and (e) fnte;rest01l unpaidpaymmti at the maximum rate permitted by law from date of default in payment until the date collection of the arrearages is made; and (I) If :t1te1eased Equipment cannotJx: recovered, retaken or redelivered to LESSOR; LEs$ORshalltccOvef the estimated fair market value ofthc leased Equipment at the time of the default, and (g) Attorney's fees and costs incident to taking , possession of the Equipment and co-Ilectipgall amounlll dQc undCr the Lcue.J9.cOfllelllo. o(Judpncnt LESSEE hereby authorizes and empowers the Prothonotary, Clerk or any attorney ofony court ofrecord to appear for LESSEE and to confessjudpitnt lIS often lIS necessary asamstlSSSEB and In l1Yor of:LBS'SOll. or its amJtlli, lIS of any term, with or without declaration filed (a) for such sums as may be payv.b1e hereunder, and/or (b) an amicable action ofrep1cvin for the Eqqipment. With respect to any judgment entered,hCJ:COn, LBSSE$ releases andwaiVe$ all rights of appeal, appraisemenl, stay of execution, inquisition and exemption under any law now or hereafter in force.1:0.R1sk of Loss, LESSEE shall bear the entire risk ofloss, theft or destructkm or damaae of the Equipment or any item!i thereof from any cause whatsoever. No loss or damage to the Equipment or any part Ihereof shall impair any obligation of the LESSEE under tlri8 Lease, which shall continue in full furce,ltId efibct. :!l.O_dltt, No6t1c or riahtinsaid Equipment shan PllsS to the LESSEE except the rights herein expressed and granted. PlateS or other markings will be affilced to or pillccd on said EquiprnsntindiClitina that the LESSO~ is t~e truC owner thcrcohn4 the Ll3SSEB will not remove the lIarrte. Said Equipment shall always remain and be deemed personal property even though attached to realty. 22, Purthue ()pdon, Upon ~ of the Lease Term; proVid'cd LESSmf'iS notw default, LEISSiBE shall have the option to purchase all but not less than all of the Equipment on the tctml as indicated in the End of Lease Options cheCked above, 'LeIIot willllNfreasonablcjudiementto ~e the Equipmen.I'ifajr market v$1Ui for the FMV purchase option which shall be based on the Equipment remaininS in place 13. Late a'fIe..d In~ert, IfLESSEB fa1ls to pay when due any rent or othc:t amount requited herein to be paid to LESSOR, LESSEE shal1 pay to LESSOR a service charge of seven and one halfperc:ent (7,5%) of each installment or part thereoffor which said rent or other amountshall be delinquent, or ten ($10,00) dollars, whichever is greater, plus interest on such delinquent rent or other aTTlOunt from the due date thereof until paid at the maximum rate allowed by law. not to eXceOd 21%. ;,:')JiL.~otlees. For thepur'pose of this Lease any notices required to be given, shall begi-l>eri tothcparticSheretO in writinS and by certified II1IUl at the address herein set forth, or to such other addresses as each party may substitute by notice }to: the-other. ~,noticc'lbaJl be effective lIS to LESSOR upon its receipt by LESsoR, an<hha1! ~ e\'6Jctivc lIS to LESSEE when deposited in U,S. Mail duly addressed, postage prepaid. "~),$..~,eltnty,utellewsJ .Upon at least sbcty (60) but not more than onc hun~1!Id twmty (120) days written notice to LESSOR prior to the expiration of the Leasc Term, LESSEE shall advise LESSOR of LESS BE's intention to ~~~..'tM BqtPpment to LESSOR at the end of the LellSe Term, or, if applicable, LS$SEE's intention to exercise the purchase option. Provided LESSEE has given such timely notice, LESSEE s:hall return the Equipment, as provided in :~ 13above. lfLBSSEE faIls to notify LESSOR, or having notified LESSOR;.,LBSSBE fails toretum the Equipment as provided herein, this Lease shall renew for consecutive sixty (60) day periods and LESSBE agrees to continue ~~t;eaHf'aymenu at thesarne monthly payment amount set forth in the Lease ljJbject to theright of either party to tcnninatethe LellSe upon silrty (60) days written notice, in wbiclt case LESSEE wiD immodilltely deliver the to LBS$OR 11II stated in this paragraph.1:6. Security Deposit, LESSOR, may apply LESSEE's security deposit to any obligation of the Lessee hereunder and will not return ruch security deposit, in whole or in part, until all of~ IBSSEEundcrthill Lease have been paid and performed in fuD. In the, event oh dc&ult by the LESSEE, the security deposit is forfeit Tho:OIllissions by the LESSOR. at any time to enforce any defiwh or rigl\tS fCf(:tVed toit'or to require performance ofany of the temll, covenants, or provisions hereofby the LESSEE at any time designated, shall not be a such defauh or riaht to which the LESSOR is entitled, nor shall il in lI\y way effect theriaht ofthe LESSOR to enforce such provisions thereafter. The LESSOR may exercise all remedies simultaneously, pursuant to Ihe f. aM,llRY such action shaD not operate to release the LESSEE until th'e fullait10unl of the payments duc and to become due and all other SUIN to be paid hereunder shall have been paid. K-,l..BSfi'~agrees to execute an)' inlo-ument necessary for filing or recor&ng this ~~upon request from LESSOR. LESSOR and LESSEE agree that a carbon, photographic or other reproduction oftha LellSe may be filed . ;,~ lindJhaIlbe sufficient lIS a financing statenv:mt underthe,l.4ll~C6mrner-cia1 CQde, LE~SEE furtheragreb that should thill Lease not meet the UniforrnComrncrcial Code definition ofa lease under artic1e2A, RWi11'~a ptioritysecurityinterest in the Equipment. In addition, LESSEE agrees to be bear the cost usociated with the filing and satisfaction ofanyfinancins statement. ';~.. .rv..b Qf,the cssence in the Lease and each and all ofilli provisions. ','. ,.:ti~S=~:~r~~ shaII not become effective until and as of the date accepted by LESSOR. LESSEB agrees that the venue of any suit or action bued on this LellSe shall be in LanCllSter County, Pennsylvania which is ",NaIlI1l'~a:J.iI"" To ApplyTbis Lease shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania i:P-'~8li~ This Lelllle shaH be binding upon and inure 10 the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. Ifthcre be TTIOre than one LESSEE twned .,the)lil)iijIJIQfeachsba1lbejointandscveral. ~ ' ;Jfany poe or more of the provisions contained in this Lease shall for any rellSon be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uncnforceabllity shall not affect any other ~lQs,~aseJballbeoonstrucdllSifsuchinvalid,iI1egalorunenforceableprovisionhadncverbeencontainedherein I.ieQe"is a nC! Lease and all of LESSEE'S obligations under this LellSe shall be paid and performed by LESSEB itTe&pective of any setoff, counterclaim, recoupment, defense or other right which LESSEE may have .vet;IP or supplier of the Eql1ipmentor any other person. ~da-ry. LESSOR and LESSEE agree that this Lease is not intended to benefit any person or lmI<>. ~Mlutated Documentation I;Ir to Provide Addll1ona' DtX:umentadon or Fees, In consideration of the LESSOR disbursing funds for the closing of the Lease se<:ured by the property beins encumbered, ~ for any,bu, trisplacement, or inaccuracy in any lease documentation, LESSEE lIgI"ee& U follow" If any document is lost, misplaced, mi,rtated, or inaccUllltely reflects the tnIe and COITe<:t terms and conditiollllof ofLBSSOR, LESSEE will co,mply with LESSOR'S request to execute, acknowledge, initial, and delivery to LESSOR any documentation LESSOR deem; necessary to replace or correct the Iosl, iTMplaccd, miAstat~ Ill,.. rf~ orliinal LellSC is.p:104lfiedor, replaced, the LESSOR requests of the LESSEE shall be referred to as ''Replacement Documents". LESSEB agree!! to deliver the Replacement Documents within thirty (30) deys ,s~of,.Writt.en request for such replacement LESSEE also agrees that, upon request, LESSEE will supply additional amountsandlor pay to LESSOR any additional sum previously,and jllVperly disciosed to the ot~8I!Iociatcdwith the Lease which for whatever reason was not collected at closing, ~Q.R. Any requcst under this Agreement- may be made, by thc LESSOR (including usignees and persons acling on behalf of the LESSOR) and shall be prima facie evidence of the necessity for RepJaceIDent ~'IfLaSSEB,faUs or refuses to exe<:ute, acknowledge, initial and deliver the Replacement Documents or provide the additional documents or fees to LESSOR within thirty (30) days after being requested to do 10 by LESSOR is relying on these representations, LESSEE agrees to be liable for any iIIId all loss or damage which LESSOR reasonably sustains thereby, including but not limited to all reasonable attorney', ,~ LESSOR lIS its attorney-in-fact to execute and file on behalf of LESSEE any and all documents necessary or desirable to establish or give notice of the intereJt of LESSOR in the Bquipme!it,',: 10, firlanclng and continuation statClIll(l1l~, as LaSSOR shall deem necCllllaTy, The filing Costll thereof shall be the obligation of LESS BE and LESSEE ,hall pay the same to LESSOR as Additionat Rent. stmto execute on behalf ofLESSEB any' ~t,rcquelled pursuant to Paragraph No. 36,--i(LESSEE fails to fulfill the, requirements ofthllt paragraph. f ~s. Ih payment by Customer is returned bued Upon insufficient or unavailable fundidn the accoun' upQn wbich such payment was drawn, an insufficient funds ("NSF") charge oftltirtyc ., .. ~byLBSSBB",;;.>o. . ,,' , ,~. ..'. ~ thelkjuipment wlll be used only for LESSEE'S business purposes, and LESSEE acknowledges that LESSOR has relied upon this representarioninelllerinailltothisJeaie, ,,,. "~ lbtJlfOC!M!nithisl.ellsC!,which is currently in effect by LESSOR and which ill subject to change without notice, .. ',' ....:,:. . " " ". !):O.~~e!i,~.;~aranteesorotli.eragrecmen\f,eitherexpressedorimplied,havebeengivcnbyeitherpartytotheother,withr~.~o,$iIJ~~o~'totJijll~~, ,~~~.~~betwe<!'lt1j~partieahcretowith respeet to the lellSedEquipmenl. i,;;J :'o.1;.{'.',::h'(,., .~~ ~ '.' ~,~',.--::'!,:"""'" ','-;'"'\.' v -- ...............Susq~ebanc Lease Co. Processing Center 800 422 3252 PERSONAL GUARANTY The undersigned, DAVID L ELLIS, 3550 N THIRD STREET, HARRISBURG, PA 17110 hereby unconditionally guarantees to Susquebanc Lease Co, (hereinafter referred to as "Lessor"), the due perfonnance, including, but not limited to, the prompt and punctual payment of all amounts becoming due Lessor under a lease dated 6/2/03 , between Lessor and DAVID L ELLIS AGENCY INC (hereinafter referred to as "Lessee") by acceleration on account of default or otherMse, in the performance ofall other obligations of Lessee under the said Lease, This Guaranty is a continuing one and shall be effective as binding on the undersigned regardless of how long before or after the date hereof any of the Lessee's liabilities to Lessor were or are incurred; provided, however, that anyone of the undersigned who gives written notice to the Lessor shall not be liable hereunder for such of the Lessee's liabilities to Lessor as are incurred after the receipt of the Lessor of such written notice to that effect, unless the same are renewals, extensions or modifications ofliabiJities theretofore existing or unless the Lessor is bound by agreement entered into before the receipt of such notice to permit the same to be incurred, The undersigned's liability shall not be affected in any way by reason of any failure to pursue or preserve any rights against any persons, finns, or other entities (including the Lessee) or the lack of any prior enforcement of such rights, The liability of this guarantee shall be secured by granted by, on ,more specifically described in Exhibit "A" attached hereto and made part hereof. The undersigned hereby waives any right to require such prior enforcement, the right to notice of default or any other notice and the right to any defense except the defense of payment or performance by Lessee under the Lease or by the undersigned. So long as all obligations of Lessee under the Lease have not been paid in full, no payment by the undersigned pursuant to this Guaranty shall entitle the undersigned by subrogation to the rights of Lessor or otherwise, to any payment by Lessee. The liability of any of the undersigned is not conditioned upon the liability of any other party, This liability of each of the undersigned shall be joint and several. The extent of the undersigned's liability hereunder shall be in the amount of $47,768.22. The undersigned agrees that the amount of the Lessee's liabilities to Lessor may from time to time exceed the set limit of the undersigned's liability hereunder without in any way affecting the liability of the undersigned hereunder, and the Lessor may apply any payment with respect to Lessee's liability to Lessor to or on account of such of Lessee's liabilities to Lessor in such order as the Lessor may elect. In the event, the undersigned fail to make any payment within five (5) days of its due date, Lessor shall provide undersigned ten (10) days written notice of such default. Written notice shall be given to undersigned by Lessor by certified mail, return receipt requested, at the address listed above unless undersigned notify Lessor in writing of a change in address. THE UNDERSIGNED DO HEREBY AUTHORIZE AND EMPOWER THE PROTHONOTARY OR ANY A TIORNEY OF ANY COURT OF RECORD OF PENNSYL VANIA, OR ELSEWHERE, AT ANY TIME OR FROM TIME TO TIME, TO APPEAR FOR AND TO ENTER JUDGMENT AGAINST THEM FOR THE ABOVE SUM, WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, AND WITH FIVE 5% PERCENT ADDED FOR COLLECTION FEES, AND UNDERSIGNED DO HEREBY AGREE AND DIRECT THAT SAID FEES SHALL BE TAXED AND BE REGARDED AS UQUlDA TED DAMAGES, AND NOT AS A PENALTY; AND UNDERSIGNED ALSO HEREBY WAIVE AND RELEASE ALL REUEF FROM ANY AND ALL APPRAISEMENT, STAY, OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER TO BE PASSED AND AGREES THAT ANY REAL ESTATE OR PERSONAL PROPERTY LEVIED ON OR A TIACHED MAYBE SOW ON A WRIT OF EXECUTION OR ANY SJMJLAR WRIT AUTHORIZED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. IF A COpy OF THIS INSTRUMENT, VERIFIED BY AFFIDAVIT, SHAll BE FILED IN ANY ONE OR MORE PROCEEDING OR ACTION WHEREIN JUDGEMENT IS TO BE CONFESSED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL HEREOF AS A WARRANT OF A TIORNEY AND SUCH COPY SHALL BE SUFFICIENT AS SUCH WARRANT TO CONFESS JUDGEMENT AS ABOVE PROVIDED. NEITHER THE RIGHT TO INSTITUTE AN ACTION NOR THE AUTHORITY TO CONFESS JUDGMENT GRANTED HEREIN SHALL BE EXHAUSTED BY ONE OR MORE EXERCISES THEREOF, BUT SUCCESSIVE COPIES OR COMPLAINTS MAYBE FILED AND SUCCESSNE JUDGEMENTS MAYBE ENTERED. This Guaranty shall inure to the benefit of the Lessor, its successors, assigns, endorsers and any person or persons, including any banking institution or institutions, to whom the Lessor may grant any interest in the Lessee's liability to Lessor or any of them, and shall be binding upon the undersigned and the undersigned's executors, administrators, heirs, successors, assigns, and other legal representatives, All remedies hereinbefore given to Lessor and all rights and remedies given to it by Jawor in equity shall be cumulative, Any failure of Lessor to enforce its rights or seek remedies upon any default of the undersigned shaH not prejudice or affect the right of remedies of Lessor in the ev t of a subsequent defa~ In witness whereof, the undersigned, intending to be legally bound, have caused this Guaranty to by duly exe ut thisL day of ~, 2003 WITNESS & ATTEST: SIGNATURE OF G DAVIDLEWS Social Security Numb .....,,,--""'-,. ~Susquebanc Lease Co Processing Center 800-422-3252 EARLY COMMENCEMENT ADDENDUM LESSOR: Susquebanc Lease Co. LESSEE: DAVID L ELLIS AGENCY INC Attached to and made a part of Equipment Lease Number 14133-0001 Susquebanc Lease Co. reserves the right to cancel the equipment lease and this Addendum A in the event that Lessee does not fully and finally accept the equipment subject of the equipment lease within 90 days after the date of this Addendum; in which event Lessee agrees to reimburse Susquebanc Lease Co. for all advances made pursuant to Paragraph I hereof, and further to indemnify Susquebanc Lease Co. for all losses or expenses incurred as result of Susquebanc Lease Co. making said advances (including reasonable attorney's fees incurred in the enforcement of this agreement). In such event, Susquebanc Lease Co. shall be entitled to retain all equipment lease payments made by Lessee on account as liquidated damages and not as penalty. I . DAVID L ELLIS AGENCY INC ("Lessee") hereby authorizes Susquebanc Lease Co. to advance payments to NETCOMM SOLUTIONS INC ("Vendor") as to the Purchase price of the equipment subject ofthe lease ("Equipment"), in accordance with the following schedule: (I)COMPAQ PROLIANT ML350, 202GHZ, 256MB,DDR MEMORY, (3)COMPAQ PLUGGABLE HARD DRIVE, (I)COMPAQ SMART ARRAY CONTROLLER, (I)HP STORAGEWORKS TAPE DRIVE, (5)HP DAIA CARTRIDGES, (I)EXCHANGE SERVER COMPAQ PROLIANT, 2.8 GHZ, 256MB, (I)COMPAQ SDRAM MEMORY KIT, DDR MEMORY, DRV CAGE, (2)COMPAQ PLUGGABLE HARD DRIVE, (I)COMPAQ SMART ARRAY CONTROLLER, (3)VERITAS BACK UP EXEC SOFTWARE, (2)COMPAQ DESKTOPS, 2.4GHZ, 40GB, 512MB, (II)COMP AQ CDRW, (II )EDGE COMPAQ EVO D3 10, (2)FILE SERVER SOFTWARE MICROSOFT WINDOWS 2003, (I)MICROSOFT WINDOWS SVE ENG DISK KI I, (IO)MICROSOFT WINDOWS SERVER CAL 2003, (I)MICROSOFT MLF WINDOWS SVR STD2003 ENG DOC, (I2)MICROSOFT EXCHANGE SVR 2000, (I )SYMANTEC PC ANYWHERE 10.5 HOST & REMOTE, (I )ACCP AC FAXSERVE EXCHANGE 2000, (I )ACCP AC UPG FAXSERVE, (I)MF APS 1.0-5U CONN PK W/SUB ADV, (15)SYBARI ANTIGEN FOR EXCHANGE 2003, (I)BOOKTROUT TECH, (I)HP JETDIRECT 170X OFFICE CONNECT ENET, (2)COMPAQ IT' MONITORS, (I)HP 19IN MONITOR (50)LABOR CONTRACT INSTALLATION AGREEMENTS 50% UPFRONT PAYMENT OF $21,027.00 TO ORDER EQUIPMENT. BALANCE OF $21,027.00 PAID UPON VERIFIED DELIVERY OF EQUIPMENT, 2. Further, Lessee agrees to hold harmless Susquebanc Lease Co, its successors and assigns, from and against any and all actions, claims and demands of any nature whatsoever, now and in the future, arising out of this Addendum A, any damages resulting from the failure of Vendor to properly complete the installation of equipment described in the equipment lease. 3. It is expressly agreed that any funds advanced by Susquebanc Lease Co., to Vendor pursuant to Paragraph I are advanced at the sole request of Lessee. 4, Lessee further agrees to reimburse Susquebanc Lease Co, for said advances, in the event Lessee or Vendor, for any reason whatsoever, attempts to cancel the installation of the equipment. 5. Notwithstanding anything to the contrary contained in the Equipment Lease Lessee agrees: to immediately commence the tenus and conditions of the equipment lease, as if the equipment herein described had been delivered, installed, and accepted. Lessee further agrees to immediately commence the monthly payments as described in the equipment lease. Lease Co. Susquebanc ~.. ~ Lessor ~ av. /~ By: ~'j ~ Title: Lessee By: Title: Date: ',;.,,:~":r."'.~'l:'\{, 1,"'/\'1' I L\}').~. ":""\""'\'\~",." ""f~ ~ Susquebanc Lease Co. Processing Center 800 422 3252 CERTIFICATE OF RESOLUTION . I, DhVl41 [. ,,",J DO HE~ CERTIFY that I am the duly elected and qualified Secretary of DAVID L ELLIS AGENCY INC (company) a n-r (state) corporation, and that, as such, I am authorized to execute this Certificate on behalf of the corporation, and I further certify that: I. The following is a true and correct copy of the resolutions duly adopted at a meeting of the Board of Directors of the corporati9n, convened and held in accordance with the law and the By-laws of the corporation on p.ltt 1"( 1,;;) at its principle office in C,p.t Ifu.(., At : WHEREAS, there has been presented to this meeting a form of Lease Agreement between the corporation and Susouebanc Lease Co. (Lessor) covering the equipment described in the attached Schedule' A' . NOW THE,REF.oRE, BE IT RESOLVED, that lAY;!} e,..~~ (Lease Signer), the PJll.tJJ'1Iif (title) of the corporation, is hereby authorized to execute and deliver, in the name and on behalf of the corporation, the Lease Agreement between the corporation and Lessor and such other documents as may be required and to take such other action which shall be necessary and appropriate pursuant to said Lease Agreement; FURTHER RESOLVED, that the Secretary of the corporation is hereby authorized to certify and deliver to Lessor a true copy of the foregoing resolutions. 2. Such resolutions have been entered in the minute book of the corporation, have not been amended, altered or repealed, and remain in full force and effect on the date hereof. IN ~SS WHEREOF, the undersigned has set his hand and affixed the seal of the corporation this _ day of ,201.>. SECRETARY (Corporate Seal) TVRE Signature X Print Name [-(;i1U1 NOTE: Corporate Secretary CANNOT authorize himlherself as the Lease Signer. The lease sig;tler must be _ettrer corperate officer. IF YOU ARE THE SOLE PRINCIPAL OF THIS CORPORATION, PLEASE CHECK HERE: 0 ~~":'}l Pf ,'I/.\! ::. U :.......vv ......ISusquebanc Lease Co. Processing Center 800 422 3252 SCHEDULE 'A' LESSEE INFORMATION LEASE NUMBER 14133-0001 Legal Name: DAVID L ELLIS AGENCY INC Date: May 13, 2003 DBA: (if any) DESCRIPTION OF EQUIPMENT (I)COMPAQ PROLIANT ML350, 2.2GHZ, 256MB,DDR MEMORY, (3)COMPAQ PLUGGABLE HARD DRIVE, (I)COMPAQ SMART ARRAY CONTROLLER, (I)HP STORAGEWORKS TAPE DRIVE, (5)HP DAIA CARTRIDGES, (I)EXCHANGE SERVER COMPAQ PROLIANT, 2.8 GHZ, 256MB, (I)COMPAQ SDRAM MEMORY KIT, DDR MEMORY, DRV CAGE, (2)COMPAQ PLUGGABLE HARD DRIVE, (I)COMPAQ SMART ARRAY CONTROLLER, (3)VERITAS BACK UP EXEC SOFTWARE, (2)COMP AQ DESKTOPS, 2.4GHZ, 40GB, 512MB, (J I)COMP AQ CDRW, (11 )EDGE COMPAQ EVO D31 0, (2)FILE SERVER SOFTWARE MICROSOFT WINDOWS 2003, (I)MICROSOFT WINDOWS SVE ENG DISK KII, (IO)MICROSOFT WINDOWS SERVER CAL 2003, (I)MICROSOFT MLF WINDOWS SVR SID2003 ENG DISK, (12)MICROSOFT EXCHANGE SVR 2000, (I)SYMANTEC PC ANYWHERE 10.5 HOST & REMOTE, (l)ACCPAC FAXSERVE EXCHANGE 2000, (I)ACCPAC UPG FAXSERVE, (J)MF XPS 1.0-5U CONN PK W/SUB ADV, (15)SYBARI ANTIGEN FOR EXCHANGE 2003, (I)BOOKTROUT TECH, (I)HP JEIDIRECT 170X OFFICE CONNECT ENET, (2)COMPAQ 17" MONITORS, (I)HP 19IN MONITOR (50)LABOR CONTRACT INSTALLATION AGREEMENTS (I) PEt~ 'D~f Re"f(.'/t.kl'ofl, Foil L../rT/PJO( SIGNATURE: ACCEPTED BY LE~OR SIGNATURE: "(!iA~!( ~ TITLE: (,."')_ :.p !IJA, "'1 ' "' j June 2, 2003 LESSEE SIGNA TITLE: Oht/.n l ~ elttJ p(gll.J.-.It ~1.f{v3 FOR: ~ 0",,") L IJ.ujll5~;;t, LEGAL NAME OF CORPORATION OR PARTNERSHIP DATE: PRINT NAME: DATE: SUSQUEBANC LEASE COMPANY FOR: MAY-03-200G 13:52 KNUPP KODAK & IMBLUM 717 23B 715B P.05 VERIFICATION I, J;ffl<-6Y (.ad. CKJW1J V, f. (...) of SUSQHEHANNA PATRIOT COMMERCIAL LEASING COMPANY, verify that the statements made in the aforegolng document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904, relating to unswom falsification to authorities. SUSQHEHANNA PATRIOT COMMERCIAL LEASING COMPANY By: ~ Title: / Dated: 0-s~o6 3060074 D -kl. -p r:: lI\ *- \\- V1 .. V\ --- - C> ~ ""v -cJ G3 ~ P- C> "0 :p -f- r ~ ~ <? <>- ~ ~ "'~ - ~q N qq'l ~ ~1~ g <f! ..". " ::1 '.::; ';... -.:... ,- Q ~ SUSQHEHANNA PATRIOT COMMERCIAL LEASING COMPANY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2738 DAVID L. ELLIS individually and as personal : CIVIL DIVISION - LAW guarantor for DAVID L ELLIS AGENCY, INC.: REPLEVIN Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO: Cumberland County Prothonotary ~ ------- ----- Dated: September 21, 2006 Robert D. Kodak, Esquire Attorney LD. No. 18041 Attorney for Plaintiff 3-06-0074 ~ ~,f::,,:'\ ....~ ..,0"- rf1 fl,' ~~i~. [;:.t~ ~ c;;;) cr> (/') q N Q"l '''';...,' <:"C.. .>'- c: -? L::.\ =< -0 ..-;"," ~ Q. ~~ -oi'"'TJ :'0 t( 00 ::.\ -r. :'1: -r, ()""'~) '/?n \2. . ~ ::.<. ~ c::> (...n SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA PATRIOT COMMERCIAL VS ELLIS DAVID L ET AL R. Thomas Kline I Sheriff or Deputy Sheriff who being duly sworn according to law1 saysl that he made a diligent search and and inquiry for the within named DEFENDANT I to wit: ELLIS DAVID L but was unable to locate Him ln his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County I Pennsylvania I to serve the within COMPLAINT - REPLEVIN On June 8th I 2006 I this office was in receipt of the attached return from PHILADELPHIA Sheriff's CostS: Docketing Out of County Surcharge Dep Philadelphia Postage 18.00 9.00 10.00 136.00 3.89 176.89v 4--. 1_/'7.0(, 06/08/2006 KNUPP KODAK IMBLUM s~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA PATRIOT COMMERCIAL VS ELLIS DAVID L ET AL 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: ELLIS DAVID L AS PERIL GUARTR FOR DAVID L ELLIS AGENCY INC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT - REPLEVIN 8th , 2006 , this office was In receipt of the On June attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00./Q.- 06/08/2006 KNUPP KODAK IMBLUM :o~~~oc,.~ Sheriff of Cumberland County ?~ J 1-1)(, Sworn and subscribe to before me this day of A.D. , ' In The Court of Common Pleas of Cumberland County, Pennsylvania Susquehanna Patriot Coomercial Leasing Co vs. David L. Ellis et al SERVE: VDavid L. Ellis as personal guarantor for David L. Ellis Agency Inc No. 06-2738 civil Now, May 15, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, P A ~ ern- Affidavit of Service Now, ~ll 2J:; _ ,20tifl , at b:oB o'clockO:.J M. served the C/Om pI Q.) /')1 upo .. , 1-. C; I i I \ . h lIV'C~ '/I'IS':4-C1j;Y)Q);\, I rL'. 13CJJi! U-Js~, j.~ (,1/ at I I ,,-J ___) ~. (()/3_ tf1 /q/y( -i ,L ~ ~.on- Y./'vul-lnfa - .ll)t ,\uCh ttd.(irtrr. a copy of the original and made known to the contents thereof. So answers, before n. , 20.u....u"".... $ COIViWiONWEALTH OF PENNSYL j, ., ".-\. NOTARIAL SEAL SU~AN L R~SENFELD, Notary Public CIty of ~h~'adGJphla Phila County My Comm~.'c:m=E)('Jires M~~h_2l?~ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Susquehanna Patriot Cannercial Leasing Co / VS. vDavid L. Ellis et al SERVE: David L. Ellis, individually No. 06-2738 civil Now, May 15, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being ma<:le at the request and risk of the Plaintiff. .r~~ Sheriff of Cum berland County, P A J1h1- Affidavit of Service Now, mCtJ! 7- t; _ ' 2~ at fJ -' 0 6 o'clock OJ M. served the within {~ 0 m:p leu Il t upon -:p(V(" cI L. <71/ is. J -^~. ~ '\/\ (\. I'.rw/ n I Jr f' I ~~ w' (~jJ[/(POLe.. ~r 11()11-~VIJj. ( hfO - ! J () ~ U CJ0 vt J..\.JvV L(; ~. ~t- r 0 8~ fJ:-- . ! . (ctJIJJ by handing to a copy of the original and made known to the contents thereof. So answers, ... <, .. MMONWEALTH OFPE .NSYLJ" ,;A NOTARIAL SEAL SUSAN L. ROSENFELD, NQlary Public City of Philadelphia Phila County My CGmml,..Kln ElC!lIr~!~ClfCh 11, L008 _ U"~J D.40-) ~!!d. '[[Elf U,;LtLcU (@LUL TrOC~ s . 1/ COSTS JlfYV-- SERV1CE $ MILEAGE AFFIDA V1T County, PA , 20iliL $