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Home My WebLink About06-3156Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Citicapital Technology Finance, Inc. CITICAPITAL TECHNOLOGY FINANCE, INC., : IN THE COURT OF f/k/a EAB LEASING CORPORATION, by and : CUMBERLAND CO through its BANKERS LEASING DIVISION Plaintiff V. : NO. 2006- .31 MICHAEL H. CASTLES CIVIL DIVISION - Lr Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend aga pages, you must take action within twenty (20) days after this complaint and appearance personally or by an attorney and filing in writing with the court y set forth against you. You are warned that if you fail to do so the case may pr be entered against you by the court without further notice for any money ch claim or relief requested by the plaintiff. You may lose money or property YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORT] PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWY] IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER I PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASS( TWO LIBERTY AVENUE 4ON PLEAS , PENNSYLVANIA CIVIL the claim set forth in the following ice are served, by entering a written defenses or objections to the claims ed without you and a judgment may ed in the complaint or for any other other rights important to you. ONCE. IF YOU DO NOT HAVE BELOW. THIS OFFICE CAN Y BE ABLE TO PROVIDE YOU kL SERVICES TO ELIGIBLE CARLISLE PA 17013 (717) 249-3166 CITICAPITAL TECHNOLOGY FINANCE, INC., : IN THE COURT OF f/k/a EAB LEASING CORPORATION, by and : CUMBERLAND CC through its BANKERS LEASING DIVISION Plaintiff V. NO. 2006- 3 /S" G MICHAEL H. CASTLES CIVIL DIVISION - Defendant COMPLAINT The Plaintiff, CITICAPITAL TECHNOLOGY FINANCE, INC. f/ by and through its BAKERS LEASING DIVISION, by its attorneys, KNUPP, this action of Assumpsit against the Defendant to recover the sum of HUNDRED TWENTY DOLLARS AND SEVENTY-THREE CENTS from January 27, 2006, at the rate of THIRTEEN DOLLARS AND SIXTY- a cause of action of which the following is a statement: 1. The Plaintiff, CITICAPITAL TECHNOLOGY FINANCE, existing under the laws of the State of Delaware, having its principal Carpenter Freeway, H07-120 7 Decker, Irving, Texas 75062, and was CORPORATION, and brings this suit through its BANKERS LEASING 2. The Defendant, MICHAEL H. CASTLES, is an adult Ashley Court, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about December 21, 2001, a Pennsylvania corporation 40N PLEAS , PENNSYLVANIA CIVIL W EAB LEASING CORPORATION, & IMBLUM, P.C., brings -TWO THOUSAND, EIGHT 73), along with interest thereon CENTS ($13.62) per diem upon is a corporation organized and and place of business at 250 East known as EAB LEASING with a last known address at 9 as and operating as Castles Lumber Co. & Home Center did enter into a Lease Agreement with Plaintiff h? for the financing of computer F:\U SE"ONNIE30\ASSOC\ W ORK\COMP\060031 pg.comp.wpd:12Feb06 equipment. A true and correct copy of said Lease Agreement is attached a part hereof. 4. On or about the same date, Defendant, in an effort to induce Agreement with Castles Lumber Co. & Home Center, did enter into a himself to pay, and thereby guaranteeing payment of, any and all monies Lumber Co. & Home Center would become liable for to Plaintiff but not Personal Guaranty is a part and portion of the Lease Agreement attached hereof. 5. The corporation known as Castles Lumber Co. & Home bankruptcy proceeding in the Middle District of Pennsylvania while still 6. The monies due and owing to Plaintiff are as follows: marked as Exhibit "A" and made enter into the aforesaid Lease Guaranty with Plaintiff, obligating the company known as Castles A true and correct copy of the as Exhibit "A" and made a part did file a Chapter 7 no-asset monies to Plaintiff. (a) Principal and interest in the amount of Twenty-Seven ousand Hundred Fourteen Dollars and Sixty-Nine Cents ($27, 14.69). Plaintiff s Exhibit "B" attached hereto and made a par? hereof; Six See (b) Late fees and costs in the amount of Three Thousand, ?ne Hundred Sixty-Six Dollars and Seventy Cents ($3,166.70). S e Plaintiffs Exhibit "B" attached hereto and made a part hereof; (c) Accelerated interest in the amount of Four Thousand, Nine Hundred Two Dollars and Fifty-Five Cents ($4,902.55). S Plaintiff's Exhibit "B" attached hereto and made a part hereof; an(d) Attorney's fees, per the terms of the Contract as attac ed hereto at Exhibit "A" and made a part hereof, in the amo t of Seven Thousand, One Hundred Thirty-Six Dollars and Seven -Nine Cents ($7,136.79). F:\USER\BONNIEJO\ASSOC\WORK\COMP\060031pg-comp.wpd:l2FebO6 2 7. All credits due and owing to the business known as Castles credited to the account. 8. The total balance due and owing by Defendant, pursuant to sum of Forty-Two Thousand, Eight Hundred Twenty Dollars and Seventy- 9. Plaintiff has demanded payment from Defendant of said Defendant has refused and neglected and still refuses and neglects to pay WHEREFORE, Plaintiffbringsthis suit to recover from Defendant the EIGHT HUNDRED TWENTY DOLLARS AND SEVENTY-THREE thereon from January 27, 2006, at the rate of THIRTEEN DOLLARS AND diem. Respectfully submitted, KNUPP, KODAK & Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108- (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff Co. & Home Center have been Guaranty, to Plaintiff is the Cents ($42,820.73). due and owing as aforesaid, but amount of any part thereof. of FORTY-TWO THOUSAND, ($42,820.73), along with interest -TWO CENTS ($13.62) per P.C. 848 F:\USER\BOWEJO\ASSOC\W ORK\COMP\060031 pg-wmp.wpd:l2Feb06 2T-01-2006 1619 From-COMRCIAL BANKRUPTCY 972 652 1234 7-211 P.004/013 F-252 011-126267-000 • ; If c ?reemtnt { ?Teaman j fi ten pnMen in IA n3lien Ne a Ins -NNS 1'0u aAa f(Wy in ;, d Ayrremen . ax meat you, onr [NXwwo.. she fester: w$ich is the CCSromer indicated below, 1Yhen Ave use the words Me. Sr and w in Nis ASrHment t-c mean the Leave. Bankers Leating ?Issoria•ion, a dirision OfEaB Leaning Corp. Our address is 4201 Lake Coak Road, Soerhbraok, TL 2. CHU phone nomeer Ii SW el-104, Cuswmer Nam! Apr"mMt Number 1 CAST L MEER 011 11 HOME CENTER a ° Key Castwor Go Bidin St 1 Ac S / I r Cowry / Sum r ` w s 1 APO rAQ TI C C a Q Eewomenl LoriuM (d aiRertnl neat abavat Tax ID Numees Nay LaatOmpr Gan ft Pnene NumaM 23.1552727 71T 2a •393 °= I CCIrr11I P 0 BOX 150700 . . Sal R p aFrmemaaue es tl AUSTIN. 7X 78746 cam pea am appl male box if no bra is CAddwd or if more Man one hat you arc required tO Provide and mantas baufanee Te61ad to RN a m tsnaCeed. ese FairMarvel Value Pureness Option tailapply. Equ'oneffl, and to any pre My. user Sn0 ddW Was Nialed to this I a pvrenayt Down Agreement or the Eq I pmant, (See Seedont S and B an Ne bads d IIb 0 a Far Mt reel valve Fair MsYdeTVawea 10 %dthe TOUl Gear Pita ` Ageempll,l N you ale fml+a emitL you agree to Ium)an US Witt PLUS APPLICABLE TAXES Oepafoomfividence youreaerpi You Stir" to pay u II M YOU Sign SUS Apfeomenl: Ong?nal Term lMOnMS): 60 Rental Payment 51,761.38 A)AdVanae Rent! tExOV mend 1 (Mot) =S ntRtae ae of apps®Me uses) t PLUS APPLICABLE TAXES B) One- lme Dw fan Pee =5 ae On Adailivnd Provo ova --2 ? C) Total VIA I B =5 "in AR R more seen one Rev Payment is required in aavarce, du Additional amawl YAN applied at the end at ft original or any r~I lean, ay SIGNING T9S AGREEMENT. (I) YOU ACKNOWLEDGE THAT YOU HAVE RPAb MO LINOERSTAND TN TERMS AND CONDITIONS ON THE FRONT ANO BALK OF THIS AGIIEEMEN7 (10 YOU AGREE TNA7 YOU CANNOT TERMINATE OR CANCEL THIS AG OBUWTION T] MAKE ALL PAYMENTS DUE UNDER THIS AGREEMENT, AND YDV CANNOT WITHHOLD, S EEMEN7, YOU HAVE All UNCONDITIONAL OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON 1111) YOU NSLL USE THE ECUIPMEM• ONLY FOR BUSINESS PLIRP069S (IV) YOU MM W THAT THE PERSON SIGNING THIS yLS AGREEMENT FOR YOU HAS THE AUTHORITY TO 00 SO AND TO GRANT THE POVaER OF ATTORNEY SET ORTH IN SECTION 7 OF THIS AGREEMENT M YOU CONPRM THAT YOU DECIDED TO ENTER IWO THIS AGREEMENT RATHER THAN PURCHASE Th EQUIPMENT FOR rt5 TOTAI CASH PRICE AND 04) YOU AGREE THAT THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE F ILUNOIS AND YOU CONSENT ip THE JURISDICTION OF ANY COURT LOCATED IMTKiN ILLINGIS. YOU AMO'* EXPRESSLY V-!A{VE ANY RIGHTS 0ATRIAL BY JURY. Brokers Leasing Association, a SRWaion of EA6 Leasing Corp. CASTLES LUMSE CO .6 HOME CENTER Isswr . ? ll Cunomf ? - g Aulnodzed Signalwe? -r eV. 6vx, k'k e >t to uglont aWre MICHAEL CASTL - S q- 12 - O / r • Prim Name d 71In, M b rem N214 & Title OMC iH£ PERSONAL (ALtMNtt CREATES sP6aM LG0109lIGA110NS, When w use ae seat pa ins Prow Uis Permed Go a , w mean ae Prrtald GuaandRa) Inaeard eeYn VRen Ra CC Pe cads r,F vs, and Grin Ulh PeraenY Guardle, w won etroum Leine AeDDadaM1 a akte,I at fAB loop Corp . In rANdaalgn of as tnelap nN dM Ieae APeHIIaN wendred Maw ThlRaeeal. You umwmdllw W NO Int-ocmly INISAMNE R a. M uw%M aid Jduam the POW PRIWI and of al aMgran d be Cgener oeMNed SM" (UlSTOMER1 andM MAgrolroLL Yea ad!etBM lJa isepurarydpamdm am ndaaarcmn, sAO Mwtem ORaerd dax4 till Maul RtlPMalSN9 won IN GUST(XUfga apeNl tlld todPm!nl IS Writers Ce-atl by ae Adgwren4 You wM a ddeeat And ntllnL incNdnp twee N dNgst ale sear". YOa spree to M can Mw swat r edNRim moGy NU Matt d he ApneelneM aw yRn wM ere agiM A eaN dlrM. d M OJSTOMERatlatp V Wr uro AgRanMtlOU i WwredpoY pMam to othgrANa at an CUSTOMER uMNtllt,lgrwne-, intlu0yq. hll nalpmiW l1) P4wP>t anMl?a aJa NKa Nt AgRelllnt vW WI WrIP Uf ale?wbneaiKAAmga a (4011 waw" by IS in a." w dais Spadaww to CUSTOMER Tfe'o a oanasurq owsmy •Nch tails nor be dig&ZI d or aTCad 07 Vera wean ad WI 04 ear Adm ON perem Ir mate own oR o1RMS yaaron Iot a M. Samo fit Paeotp Gyarieb. eW a you apse sail your LGIAy b Idm alit eewa. Vow was wed arrear sal you spy to Mad far aoa a pNttayng ay!spRaaa a prlAed mz: You 7YAwoM d w dap I Coat NSW deem tagaai; Pre WOW code ale no" eny oft eras irquHo aM we were neeMay. THI G PERSQ4AL GUARANTY B GOVERNED BY THE L,;!&5 O OF THE STATE OF ILLINOIS. YOU CONWff 70 T% JURISDICTION Of ANY LOCAL STATE OR FWARAL CCURT LOCATED WITH LUNGS. YOU EXPRESSLY WVA14 ANY RIGHT 70 A TRIALBYJ ? " k a x l ? era 1 ? e MICHAEEVCas-'L£s !Z- -o nn .n e e 9 ASHLEY COL RT, BOILING SPRING, PA 17007 n , , p a 063 1685 Bawal ' NUneer P1lpne ML"M Soelal Socunly Number Phone NUmotf 27-01-2006 16:39 From-COMMERCIAL BANKRUPTCY 21 972 652 123d i T-211 P.005/013 F-252 in the Egmpwm. Yuu wiltdal r to ua SI&Md OAVRn aummems or Malt, II¢1y11e 110 ft r teal to yyrnte[I mr rNeri5la nrlef thISfII ?A?rreememBU.FY 7A?UfTt?ROR?EAZNE pUS'CO MI,E A COROI R D?f7E AS AS A aANC S!•AT•EA4s7dyVAND DF ON APPO LqPE UR BEHALF FTNAN G S Y pTT?DFyX?ps?GG p1E? FRB S YO UNDER THIS AGtREEh'lspfl' IN EQU17 AND ANY COLLATERAL PROVIDED BY YOU. 8. DEFAULT.-F,acu of Was foll4lwing is a 'Default' under [his_Agreemem: (,) you sad to In one we m yon I lwaer a No we We if Article ZA Of 9st I will be ealt4dared A ac suplect n arty If be Default CA a WIMIi any rq 10 COhMit any Wallis. JR&I C r P-MI0911. Yft Will-MY elliflibild property labor with jjjfi Ill 1]. MDP.hDil cuts and attic 5, LOSS OR DAMAGE. As between you algid us. you are reaponible per arty loss, well or otherwise Otna tsaasnon, or p IN o Jerlromm, It. or damage to the Egmpmem IeAllecaNdy 'Lass'I from any eau" as all, reimlvuse us h wheat of tom insured, uuil it w delivered the us at Ill, end of this Agreemom. you are fequireJ to make all Reno Payments even if diet[ is a Lass. Yet must notify us in writing 14. ADDM(: I.,. Ml sup Loss. Then, at par uon, you will closer (a) ,tewwit the Equipmesu so ulal I; is in plea condition and Working muder, ellqglme for any mamtacwnr's ceruf"'Ali" or Iol pa)' ua alt ;,ni spe w0ed in Section 91b) belo is In eribel, Yya goods. IT AIA l i w, genera lllaogl e. INSURANCE. You Will provide and mainutn at your eltpeme la) properly insurance a9aiml The was. then Or detraction of or da 9a lo ale IE ui lnem fn its 1411 e e l created by this 1-111*Jr they i , , q p p r acem nt .blue naming a s; loss payee. and (b) public fiabnay and third pmry Properly insurance. !5. CREDIT laming us As Additional looted. You will give us eerbfteotes or colter evWalwa of ouch U RE AU RE tl usurAwee when Mounted. Such insurance will be in a form, amoum and with companies p E7 ? NS Acceptable to us, and will provide that we will be given 30 day, advance recite claim orientati rul ch h i f INPORR Iva on or mwe suc ange o nsurance. Uyco do nor give us evulem:e of insurance aceeeppWOIC b Yi We ho.l as teghl brit MI the atsli atl in A d i d ' RT !x? MR . , g on. a e g l er properly insurance or Inability Imuraoce or bog proltctbtg w? sad at your eapelRe, Your eapeme Inay include Inc lull Dremlum paid by Iss lrol nutted by any rttdrl m retold or a aid n I d T I EDIT BU . p IR any an .usteanan cnugu or im o ours am of Wr ggnnecea((s1 aaSOtial4l Witte such kuntraaes. You, agree a pa svcn ampums m o le l 1 i t y nwJ n Wa ro alloraial a exh Renal Payment plus interest on such amounw m alt lefim of the hlgheu tine permitted by taw or 1.55 per month. If IllanfanCt If IACW b n•QU Wi0 W t la i . AOSCEW Agreement alai P y , Loopefa e W our ImnrLke agent with respect to the plattmenl of imupnm and alt ptaeeuag of [Varms. Nothing in aB A? 7menltm will create Egapmem. TI terms aria ON an nYwlrwlte relnilauhip or:,try type benwern os and airy Malt, ptnson. Ydu AtlcnolvlNee it= however, that we arc rim reyolled io sear, a malraoin any imuranee, and we will dot be liable a you if We ar G ob.i terrnnmi[ any ,rvurJnce cue [rage tnat we arrange. 1( re replace ur renew am lrnurance uroor rah Aar • nag<. We are not mliga ed to provide rcpteeemem or rettewal coverage teller tile same rvnni. Gosh; hone, or eaMNI9m +c the previous mveraga Yoe ""by Appoint na as yusr muenev et to mak hi t .it.. stint M mailed by [trill -m e e c me ar, ,[cram poymem o!. >dd eaecure and tensional all ancJmenta, clle[ea or drafts Ira loss m aamaga tamer aq a! ymr imumnce pelilMes, shown tan the I writug) With P 7. TITI.Fs RkCORDING. We we Ille owner o(ano will hold rice lu the Equipmen10 a Cepl of proceeding I dl[ IttnIINIIpO in JIC taunt, an Equlpnwm I: IleanatJ sorm-are In vi "m ym Shael mehnam a perpetual appiltr it dour! rlgnl .d Jae bra poawu such whwjr: a n d shall abaMon such perpenwl right aI me end of any as appUtabJe, f ' ' .1are[nlem Jmeaa %no pJKrbe me .yummmmom in accordance will ill's Agreement. If Any o m pgymenl that hl ral person empu to clkai wmsunip dlale 61NipnlN b auemlg qwt [bun agaidi excess will be m u;ryugn li u agree. q your eapems 10 pnxacland a.1[nd our une to the Eaepmni. Ypu wl keep a Equipment free of All liens and c umbr d h ll Agrecmcm, wit aul W OdL, em ws sum s n an a glyc wee Immedwltnonce if am, legal arpabxs or lien isassertW a made gains'the Equipment; 11 this Ifawcnlo d d l e , Jpon our and d eeme n o la be a ease ImewleJ IN semuiry, acn yoJ grad uy a sceuwty lreercn lna Apeament uuon or ""ON. Y dkertveh" or RipKr ry of the I we real S I IQ ECuVK me (of ally loseas, damages tether based an a theory a wfXwte, im4allatied OWN A) any demob in the Eauto" N agaim any Chnms. silicon Where the Uniform R in ill the property ye d, c a+utl. accoulas receivable, at aW related arocNdi. At the terms al sc g,. w remaining Jnden au 2T-Ot-2096 16:30 From-COMffRCIAL BANKRUPTCY 972 652 1234 T-211 P.006/013 F-252 Exhibit A VENDOR: CCI/Triad, PO Box 160700, Ausdn, TX 78746 QTy moos DESCRIPTION Leaser 011-126267-000 Page 1 of 2 H3055A and Cmlleepmww" Chow 114524 1/mb AMYee Pant with Cual AmaoMa ao21:b 1 HA52C I,IiTJ446fuMMid TeMlM limb 1 HA522 6446 Eems 6a wy 2 1017921 Co w, CaNas P. Vdndars POs 1 "A317ae 4 Vent Net VA W1a11a100 Hub 1 CS:OME Eagle Clammar U M60 N Ilnb Coro P . 1 C5706EU2 I E+gle Cv=gm U rase to UnIN Premium PRO C5706E R e Pra by t Nam RF sum hl wcll RmW", Stall MaMgN 6lmwmory 1 M656301C POIm al Sab OIIiiM bf VynOOne U IaM ham LnaIaNN Vetuan tr9aaed TfYniq 1 M5545C into Capl for WIMOOW UNISO Irom CnaMON VaMIM Wwas Waning 1 H6556C AooeYMa RllakiaplN PRO rar WYmawe UpglMa Gam CMMLnN V en weaBaua 1 Mose2C Ouoles a Biae PRO flXVwnaowa U n» Ifam Lonvagor POS Wait uee Train I HS011c InwntwV IN W11a0wa Upgrade Irom ChafWW VffiM WMBUad aAl 1 45551e Pure"" 6 RCWVMg Upgrade fmm CeaMaw Vernon We6•86sed ranblg 1 M5501C Anleonb Pepbin U mde Mom CnvmW Version tAs"aseo Thin H5507C Gsnmlleo rU Mea horn Cearxlarveropn Web•6asad7minin0 t Me576 RF 5unq 61nstadalion Par LQWien 1 446579 RP Tfmnmg 1 "0590 luau a True P W404 Nelwmk 6 =Mwt w Rages senor 2 H0595A 1r6lall A nan Triad PC to Mwarg el What MAllaaan nI sysmm 1 H93i7 AamuM Payable Trairhg 1 H6316 OaMMI LeaOer TraiMng t NB516P Ineul Fum n 1 H6921P Uwc FbMtA" I "5591X1( IKON Eegle Cassl I H6512XX Ea01a Cat wag 1 86000 Data Fie Ce"mae 3 "a6a2 Date Fee CO MM samimel lees 1 "5652. Claud; lnyaeli" 1 M56AC APwMb Inven t H613A omawy Poang PIM 1 715622 Eagle Cow" SVgle ValldN 1 M5642 Ad.,PM4 AOCwMa Reaehaa iel 1 H%03 A=uMa P 6m 1 r16904 GanNal Leo r 2 H6114L PC Amu Terr*pl EmWoilan 1 1,15145 Coal al Da' ausinese Sutry" 1 M5619 EIJI* FAX 1 NSI16 Consrlls Tetwal SSW %%Mrwk 1 "Sa23 Smna Tale Plus I M5625 SwM Inedee 1 HSMta Tm Sa Vat 1 M5520 C"MCt COW" FM Vwvl w POS M6313 CPV ImlaWlion IA M67u IMV9wn6TMniM 1 M10973A Perleve 200 1 E "6569taa 1 Mw*4 Am wrw )ha tf 1 Me474 Moss Ganewsr 27-0.1-2006 16:40 From-COMRRCIAL BANKRUPTCY 072 652 1234 T-211 P-007/019 F-252 Page 2 of 2 I I IH2391L IFDT Meee FDa $011m J ] N]324L Saral Imonx Pmkr 7 hN1' n'MMOSeeoner 1 He{17P nand Meld Ennner 1 1 BANKERS LEASING ASSOCIATION, A DIVISION DOFF FAB LEASING CORP. By Name: Title: Date: Castles Lumber Co. & Home Center Name: Michael Title: Date:W / 4-- 27-01-2006 16:40 From-COMRCIAL BANKRUPTCY 272 652 1294 T-211 P.008/013 F-252 011-126267-000 ADDENDUM TO LEASE NUMBER BETWEEN BANKERS LEASING ASSOCIATION, a division of EAB 1 easing Corp. (LESSOR) This Addendum shall govern, notwithstanding anything to the contary, conte{ined in the Lease. Upon expiration of the initial lease term, and assuming that no defalt has occurred and is continuing, Lessee must purchase the Equipment from Lessor at the end of the initial lease term for a sum equal to 10% of the original Equipment Cost which is $5,478.20 plus all applicable taxes. Lessee must tender payment within ten (10) days subsequent to the end of the initial, or any re ewal, lease term. IN WITNESS WHEREOF, Lessor and Lessee have executed this Addendum to the Lease as of the day of 2001. BANKERS LEASING ASSOCIATION a division of EAB Leasing Corp By:_ Y&W4 Namc. /r,4wr Ni(gCt_ By: Name: Michael Titk: ^ In 27-01-2006 16:40 From-COMERCIAL BANKRUPTCY 972 652 1234 T-211 P.009/019 F-252 1 ast, 1 V1 1 1 ??•?+r 2c::? ? is gat alz? FOLL" IN ?(pX1N:I.1 wtl rIM?NpIWN? VIM ?O?fM q1w MlurM ?F [ [EM0"["?' [Oib /pNNBNe 1 v.0.@M!0071 . ONndNe•CA91209407, Pm,"M:OrrMwoy 7MMOY[[?N .[IM[ NO[[MONtf L w ' Mm ,. , q 1 1 K q.N ?[ gN1r l??a yyp?RCO. ? waK /q1 ' c[ N sU41OW A 0qq? 0 1pwleMw ,q[[ u NN1E i0 gT pN 06 a10? Iww• INNS M s I. tpmr a0[W 004pn110it WM a7W.RgOVd. N. Op6/[1?11utlEfJt Was y' u[ 1114[ y[N[O..M i. ensar [1aN r y lMp? a 0 11111 ?? IMP, oAN OMMON90F F•A9L6*IIIIN0 N001[ , NW ,. xrN," 1yu[e?w1[ NO?N001? ?w[Man, r?OK R01b ___..-.eawN1R6_.? .un'iiOCEIW T•ATN http://prs.ilienonline.r,ornNiewlmagesResults.aspx 1/27/2006 I 27-OJ-2006 16:40 From-COMOCIAL BANKRUPTCY - a wiGFINANCI esTATEmor F04AWMTRUC710NSOM1an4WOCAR!FULLY to !1 A" ananearro .er.r rAFa paoar TN•IaF17a1.1pO ru M1aan+w O JPIrD'4'L'NNOMIl ouqu1 TO llh? + Aa l I I uCC SHIVA 5anlcas 00f459ANNQR9 1 P.0.80x 20077 1277021-04 G101421a, CA 012WSV J ?/??/ L F2o»0A: PlnnrylWN. J O E li OX01hll.?pli ii4U1; ' . cAS7LESLUMeERCO. 0171 £0 19 PN p he GlAr. x.. ww eMMnu+lilxaiaiu? ??- ••? rraNe e 1 aura y u41NSM q _Tr Em SYIS pl COINIMY 20DEPOMF?ETBT CARUaLE PA 7013 11 TAINT. Mw"- wan "pla"IMMOMOR man "Taa CoTpoTeIMA PA Npy 2 MAIINNML GEMMASEXACT I NLL LOP^ NMIN-MIA M}/ ea0 Mr1NNF 120 TY7M-0 Wregla•AareewW 1 = DIV191ON8 OF EA9 LEASING CORP. ? • mo«NrAt7ti3`r«Wr r f 42011LN(E C WROAO` NORD"009 IL 1 TI$Fg ld, STMLNINI ta,?flMrdFxnptMaad SEE ATTACNEDEN4101T •A'd PAOEO FOR A COM%GTE COW7ERAL DSNR POON AND0EMMTY S MTNIIg1AY0CMpMtleWyl won" uWMA uawtll Tua Aa1w IONARi.Htq 1 • n r a 09w 2Wo, w$w, L n Ars 2227071 lAb now AT"IZGW FMWU OFFCS eCM-N00M MC FWJXM StAII ONE 0~100M 030.019M 1v 1 L hrtP://prs.ihenonfine.com/viewjmagesResults.aspx 1/27/2006 072 652 1234 T-211 P.010/013 F-252 rnge p ut ? 27-01.2006 16:40 from-COAERCIAL BANKRUPTCY 972 652 1294 E;ft!I A VENDOR: MTrlao, OO Box iJ0700, Aus0a. TX TJ746 T-211 P.011/013 P-252 . ..o_ _ __ Lao?e • • roiW2 0849 hitp;!/pts.ilienonline.comNiewlmagesResults.upx 1/27/2006 27-01-2006 16:40 From-COMIERCIAL BANKRUPTCY 972 652 1234 T-211 P.012/013 F-252 ."S?JULJ Papa 2 or 2 tc SANNERR LEASING ASSOCIATION, A DIVISION OF EAR LEASING CORP. Castles Lumber Co, 4 Home Canter By. Oy;M2 1IZLtIG Name Name: MIMMII Gaines Tills Dale Dmla: W / .i - http://prs.ilienonline.comNiewlmagesResults.aspx 1/27/2006 27-01-2006 16:30 From-COIAERCIAL BANKRUPTCY 972 652 1234 T-211 P.003 F-252 011-126267-000 AMENDMENT #1TO LEASE AGREEMENT DATED AS OF _ BETWEEN BANKERS LEASING ASSOCIATION, A DIVISI EAB LEASING CORP., AS "LESSOR" AND Castles Lumber Co Nome Center AS "Lessee" This entered into in accordance with the hereby/ incorporated herein and made a part hereof. In the the terms of the Equipment Lease Agreement and this An Amendment shall prevail. The correct legal name to read: Castles Lumber Co. In all other respects, the terms and conditions of the Equipment remain in full force and effect as originally written. IN WITNESS WHEREOF, the parties hereto, by their authori: executed this Amendment at the date set forth below their respec A facsimile transmitted document including fac signatures thereon shall be deemed an original Lessor: BANKERS LEASING ASSOCIATION A DIVISION OF EAB LEASING CORP. BY: _ "jt NAME: rtw Niwrur TITLE: A(A- DATE: ?-/ /-) 1°'/ Lessee: Castles Lumber I BY NAME: Michael C TITLE: President DATgZ-.2& OF Lease of a conflict between ?nt. the terms of this Agreement shall m signatories, have signatures. le transmitted 05-26-2006 04:05pm From- VERIFICA ION T-216 P.002/002 F-261 tl*Mt) I?kl of CITICAPITAL TECHNOLOGY FINANCE, INC., f/Wa EAB LEASING ORP., by and through its BANKERS LEASING DIVISION, verify that the statements made inthe aforegoing doe t are true and correct. I understand that false statements herein are made subjeet to the penalties of IS Pa. C. S. §4 4, relating to unwornfalsification to authorities. CITICAPITAL By: Tide: Dated: FINANCE, INC. 3060031 F:IUWR190NNIF]04hSSOC1 W ORKICOMPW60031pg-eaop.wpd:11Feb06 Jan r? G to CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES TO THE PROTHONOTARY: TO: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Complaint in the above-referenced rrya fo service upon the Defendant. Cumberland County Prothonotary Dated: July 13. 2006 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff #3-06-0031 ?, .? r c" ,?-.. U.. i,ti -4 ,? j'r_ "-- A ;ii 4, Lam. c ..? M CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, f/k/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION -- LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, Pennsylvania 17108-1848 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter or a Default Judgment may be entered against you. Date: Octoberc-?'d , 2006 RRIEN, BA & SC R 1 David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, f/k/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION - LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER NOW, comes Defendant, Michael H. Castles ("Castles"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Answer and New Matter and, in support thereof, sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. To the contrary, Plaintiff, as an experienced lender, provided Defendant, an unrepresented individual, a pre-printed form constituting an adhesion contract with non- negotiable terms. Defendant, without any power to bargain, had no choice but to sign the personal guaranty. To the extent these averments imply that Defendant was bound to pay the debt of Castles Lumber Co. & Home Center, the averments are denied. To the contrary, Defendant was not bound to pay the debt of Castles Lumber Co. & Home Center. 5. Admitted. 6. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Strict proof thereof is demanded at trial. 7. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Strict proof thereof is demanded at trial. 8. After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. 9. Denied as stated. To the contrary, Defendant has attempted to negotiate a repayment price with Plaintiff; however, Plaintiff has refused to negotiate and has provided no accounting of the debt allegedly due. WHEREFORE, Defendant requests that judgment be entered in his favor and against Plaintiff and that Defendant be awarded his costs and expenses. NEW MATTER 10. Plaintiff's Complaint fails to aver that Defendant stopped paying on the Lease Agreement and therefore, Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 11. Plaintiff's Complaint fails to state with specificity the time of Defendant's default on the Lease Agreement and therefore, Plaintiff's Complaint violates Pa.R.C.P. 1019(f). 12. Plaintiff's Complaint references an Exhibit B that is allegedly attached to Plaintiff's Complaint; however, Plaintiff filed the Complaint without attaching any document labeled as Exhibit B and therefore, Plaintiff's Complaint violates Pa.R.C.P. 1019(i). 13. Plaintiff's action is barred by the statute of limitations. 14. On December 21, 2001, Plaintiff and Defendant entered into the Lease Agreement. 15. On June 2, 2006, Plaintiff filed his Complaint. 16. Plaintiff's Complaint failed to state a date on which Defendant breached the Lease Agreement. 17. Pennsylvania's statute of limitations for contract claims is four (4) years. 42 Pa.C.S.A. § 5525. 18. On or about February 9, 2002, the parties entered into an amendment to the Lease Agreement as attached to Plaintiff's complaint being Amendment #1. 19. Amendment #1 changed the Lessee to Castles Lumber Co. 20. Defendant executed no personal guaranty for the obligations of Castles Lumber Co. 21. Plaintiff's claim of a personal guaranty by Defendant for the debt of Castles Lumber Co. violates the Statute of Frauds. 33 P.S. §3. 22. The Lease Agreement and alleged personal guaranty are contract's of adhesion. 23. No consideration was given for the document referenced as Amendment #1. 24. Plaintiff has failed to pursue the proper party, Castles Lumber Co. to recover the debt. 25. Plaintiff's complaint contains no averments regarding its attempt to recover any debt from Castles Lumber Co. 26. Defendant signed Amendment #1 only in his capacity as an officer of Castles Lumber Co. WHEREFORE, Defendant requests that judgment be entered in his favor and against Plaintiff together with costs and expenses. Respectfully submitted, g'BRIEN & SERER David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant CITICAPITAL TECHNOLOGY FINANCE f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Michael H. Castles, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. -1-- j # Michael H. Castles Date: October aJ , 2006 CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, fWa EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION - LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on October AD , 2006, I, Andrea M. Barrick, Secretary to David A. Baric, Esquire, did serve a copy of the Answer and New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, Pennsylvania 17108-1848 Andrea M. Barrick ^° f; . ? ' . ? S ,? L ? . '? 1 ?,? 0{1 - ? ? . . !, G^3 Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Citicapital Technology Finance, Inc. CITICAPITAL TECHNOLOGY FINANCE, INC., : IN THE COURT OF COMMON PLEAS fVa EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL H. CASTLES Defendant : NO. 2006-3156 CIVIL TERM : CIVIL DIVISION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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 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 CITICAPITAL TECHNOLOGY FINANCE, INC., fWa EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL TERM CIVIL DIVISION -LAW AMENDED COMPLAINT The Plaintiff, CITICAPITAL TECHNOLOGY FINANCE, INC. f/k(a EAB LEASING CORPORATION, by and through its BAKERS LEASING DIVISION, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FORTY-TWO THOUSAND, EIGHT HUNDRED TWENTY DOLLARS AND SEVENTY-THREE CENTS ($42,820.73), along with interest thereon from January 27, 2006, at the rate of THIRTEEN DOLLARS AND SIXTY-TWO CENTS ($13.62) per diem upon a cause of action of which the following is a statement: 1. The Plaintiff, CITICAPITAL TECHNOLOGY FINANCE, INC., is a corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business at 250 East Carpenter Freeway, H07-120 7 Decker, Irving, Texas 75062, and was formerly known as EAB LEASING CORPORATION, and brings this suit through its BANKERS LEASING DIVISION. 2. The Defendant, MICHAEL H. CASTLES, is an adult individual with a last known address at 9 Ashley Court, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about December 21, 2001, a Pennsylvania corporation known as and operating as Castles Lumber Co. & Home Center did enter into a Lease Agreement with Plaintiff herein for the financing of computer F:\USER\BONNIEJO\ASSOC\WORK\COMP\060031 pg-comp.wpd:07Nov06 equipment. A true and correct copy of said Lease Agreement is attached hereto, marked as Exhibit "A" and made a part hereof. 4. On or about the same date, Defendant, in an effort to induce Plaintiff to enter into the aforesaid Lease Agreement with Castles Lumber Co. & Home Center, did enter into a Personal Guaranty with Plaintiff, obligating himself to pay, and thereby guaranteeing payment of, any and all monies which the company known as Castles Lumber Co. & Home Center would become liable for to Plaintiff but not pay. A true and correct copy of the Personal Guaranty is a part and portion of the Lease Agreement attached hereto as Exhibit "A" and made a part hereof. 5. The corporation known as Castles Lumber Co. & Home Center did file a Chapter 7 no-asset bankruptcy proceeding in the Middle District of Pennsylvania while still owing monies to Plaintiff. 6. The monies due and owing to Plaintiff are as follows: (a) Principal and interest in the amount of Twenty-Seven Thousand, Six Hundred Fourteen Dollars and Sixty-Nine Cents ($27,614.69). See Plaintiff s Exhibit "B" attached hereto and made a part hereof, (b) Late fees, expenses and costs in the amount of Three Thousand, One Hundred Sixty-Six Dollars and Seventy Cents ($3,166.70). See Plaintiff's Exhibit "B" attached hereto and made a part hereof, (c) Accelerated interest in the amount of Four Thousand, Nine Hundred Two Dollars and Fifty-Five Cents ($4,902.55). See Plaintiff's Exhibit "B" attached hereto and made a part hereof; and (d) Attorney's fees, per the terms of the Contract as attached hereto at Exhibit "A" and made a part hereof, in the amount of Seven Thousand, One Hundred Thirty-Six Dollars and Seventy-Nine Cents ($7,136.79). F:\USER\BONNIEJO\ASSOC\WORK\COMP\06003Ipg-comp.wpd:300ct06 2 7. Defendant defaulted on his obligations under the Lease Agreement on or about February 1, 2005 as set forth on Exhibit "B" attached hereto. 8. All credits due and owing to the business known as Castles Lumber Co. & Home Center have been credited to the account. 9. The total balance due and owing by Defendant, pursuant to the Personal Guaranty, to Plaintiff is the sum of Forty-Two Thousand, Eight Hundred Twenty Dollars and Seventy-Three Cents ($42,820.73). 10. Plaintiff has demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiffbrings this suit to recover from Defendant the sum of FORTY-TWO THOUSAND, EIGHT HUNDRED TWENTY DOLLARS AND SEVENTY-THREE CENTS ($42,820.73), along with interest thereon from January 27, 2006, at the rate of THIRTEEN DOLLARS AND SIXTY-TWO CENTS ($13.62) per diem. Respectfully submitted, KODAK &•IEMP"M. 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:\USER\BONNIEJO\ASSOC\WORK\COMP\06003 1pg-comp.wpd:300ct06 27-01-2006 16:39 From-COMMERCIAL BANKRUPTCY 972 652 1234 T-211 1`404/013 F-252 011-126267-000 JU UL*X Y ?LhD GL's. UAJZA 1111) LO-45c .%ziccum- 1 mriG% nc+u )- V• .l -.161... ,n ..u,,. Wup-„ •. ..,, __ ......._ .._.__..__.... , ire mean pan, our errsromer. the lefier. uliich is the Customer indicated belo%%,. N•hen oc use the -wards we, us and our in this ASrCCMCT%L we mean the Lesiar. , Ranters Leasing:tssocio1on, a dirision of L148 Learfng Corp, Our address is .1201 Lake Cook Road, NoerlrbtodR, IL 60061 Our phone number 15 80U 1%?-10//9. - CustOmcrNSrrx. Agreement Number f CASTLES L MBER CO & HOME CENTER o Bulin Street Acdress ! Cl / Cn mry /State + Zia Key Cdstoma( Contact - 1 w 2090 PdMFF T cTR FT ?ARLict F PA 17n13 n cS I s+ HA CaR p a Equipment Walton (1r ainerenf nom alaove) Tye ID Number Key Customer Contact Pnene Number S 23.1552727 7T7 2x3.3939 ? H 1 CCVrRIAC, BOX 160709 P 0 . . Sales Repreaenwtive x AUSTIN. TX 78746 W SEE @A& 01-A (Cheri one appl cable bolt If ne box is eUcked a if mere O&M one box You are required to pfavide and maintain Insurance related 10 Ale s ns Qmclcto, tt>f F air Marnlel Value Pt renew Option witt apply,) N Equipment and to pay any property, use and other cues regaled to this IL Pumnaw Option Agreement or the Equipment (See Sections / and 6 do the back el the o w Far M*ntel VaNe (? Fair ME rotes Value or 10 % cif the TOial Cast) Price A9 ent•) II you are (a7FaR81ApL you agree to fUftilsfn u5 Willi PLUS APPLICABLE TAXES Satisfactory evidence of your exemption. You agree to pay al rifle bme you sign Itus AS(eoment: Original Term (Montrns): 60 Rental Payment $1.161.38 A) Advance Rental Payment 1 (Moo) zS I1F 1 zn (Etduslve of apphcatbte lades) PLUS APPLICABLE TAXES S) One-time Doeunnerltatian Fee =5 - 5e On Aadilional Provis ens p q ?n AR C) Total of A, B =5 t7 a It mac than one Rental Payment is required M aaverlee, the additional amount Win be applied at the end ervw odginal or any renewal term. BY SIGNING THIS AGREEMENT: (1) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE FRONT h AND BACK OF THIS AGREEMENT (11) YOU AGREE THAT YOU CANNOT TERMINATE OR CANCEL THIS AGREEMENT, YOU HAVE AN UNCONDITIONAL OBLIGATION TD MAKE ALL PAYMENTS DUE UNDER THIS AGREEMENT. ANO YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ?i ANY REASON (III) YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES (IV) YOU WARRANT THAT THE PERSON SIGNING THIS AGREEMENT FOR YOU HAS THE AUTHORIN TO 00 SO AND TO GRANT THE POWER OF ATTORNEY SET FORTH IN SECTION 7 OF THIS AGREEMENT (v) YOU CONF RM_THATYOU DECIDED TO ENTER INTO THIS AGREEMENT RATHER THAN PURCHASE The EQUIPMENT FOR ITS TOTAL CASH PRICE AND M) YOU AGREE THAT THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILUNOrS AND YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN ILLINOIS. YOU AND WE EXPRESSLY WAIVE ANY RIGHTS TO A TRIAL BY JURY. Bankers Leasing Association, a division of EAB Leasing Corp. CASTLES LUMBER CO. & HOME CENTER 4 ? a Cull Lessor ? '? M$ +?-" Authof zed Signalwe^ ?? utnorrz SngMturo 1 0 ;"n "V:toc- /y A. MICHAEL CASTLES a a Print Name & 71*1 Dale V '? Print Name d Title Dale THS PERSONAL WARANTY CREATES SPECIFIC LEGAL OBLIGATIONS. When we use Ale w= you and yow on Nis Personal kw", we mean the Pervorial Gunrtnmr(s) tnolraVa beaw lnnlen we title Inc w7rd5 wa, vs, and per in this Pe WAI Gaaranry, we mean Sankaa Lenw q ArAciaum a unislon at FA leasing Carp. to tolwaerabon of otter enuring nto fhb Leas AprearroM dxntlflea abon rAtireernti ), you wrmnd*WAIY NO I fw3bly Saar In to us, aw suxessors and xYgmc me pampt paymeAt ane prblrrwre of all mtpation of ft Customer raengaed a0ft rCUSTOMERI under ate Agreement. YDd agree hat Ads is a quarwry of paynnenf aro not of cditw, ano Ni we can proceed (few" agatrat you wlmout Smi, prome0im apoel tine QJSTOsatcR tit atonal Inc eevipmt ill or conaloraf =vvwea by me Agreement You wane eat aeran? and rakes. incwdng nose d pmnr~t, presenlmefu, am aenGkb. Yau agree that we can termer, amend or aplerwiae mo?tY vx terms d the ApraemeM ono you trio a nm,ro q each chaga. If the CUSTONIER delwlll wider ono agreement you will imnredlatey pertam+ an 00416W., of V% CUSTOWA } under die Agreemee iref pai lg, but not limned to. paying as anwl 3 ova WA01 the Agrcef fit You will pat to ur an exOMSP3 irreW q ammeys (us Olcutled by to iA Mfwclny ow dots ag*v role or Aw Cu570MER Tiis is a wNinu nq guaranlr whkh will not be d;sdWgoo at IHatad by Tax aean am wo era rout hairs and persons representatives. It more man one pmsenN 9 ararmr nos Uped M Pvwp Gvaranly, Wen d you agree mho your habiigf is jamt and sevens You agree and consent oral you may t e :eked for any acm of proceearrlpy repterea w con,w rrw Yeu j iullaue rd to Dotal t CfeAl bureau reoons regarDiag /ail perronai creQa std male enY Adler raednl uquai? ma we teem necGSary. TOPS PERSONAL GUARAIM IS G04RUZO 8Y T)le L;zMS D OF THE STATE OF ILLINOIS. YOU CONSENT TO T1¢ A NSOICT)ON OF ANY LOCAL STATE OR FHO_RAL CCURT LOCATED WRHw ILU140IS. YOU EXPRESSLY WAIVE ANY RIGHT 70 A TRIRI. BY J .? V7 ' y n h ll x l nil uarr lu ono o j ? -- uWa ar 111e Vital Z LES Z -O MICHAEL CAS nn amt ale 9 H 9 ASHLEY COL RT, BOILING SPRING, PA 17007 off-m ae rins r „ state'r fp rea9 r Q W6 Hr.1IbUWI 063.54.1685 Socaal $eeueiry Number Phone Nurnow M Spool Seemly Mummer Phone Numbilf ONO I rl g l 27-01-2006 16:39 From-COM ERCIAL BANKRUPTCY 1. LEASE AGREEMENT; DELIVERY AND ACCEPTANCE. You agree to rent the pproperty including withwt limitation the hardware and software described on the from of Nis Itase :gregiment (collect .zly ?pulpfneru') On the h=3 and conditions shown on the rrestt and hack of chi- Axreemem. if you have entered into Any purchase or supply contract ('Supply Contract') wi any So Yplier, you assign to us your rtsha under such Supply Contraci, ut none of your obligations (other Nan the obligation to pay for me Equipment if it is accepted by you us suuxl below; nd your timely delivery to its of such documents and assurances as we requeim)• If you have rot entered into a Supply Contract, you authorise us to enter into A S,apply Contract on your bclialf. You will arrange for the delivery of the Equipment to you. Wlion oat receive the riqutpment, you Agree to u>spect it to dctermute if n is m good wort)ng order. liii Agmcmem vile begin an the date when die Equipment is delivered toyou and Ne Equipment will be deeince irrevocably accepD?ed by you upon our verbal confirmation of del(verp and acceptant of me Egdipmenl. The Iniu21 Payment is cue on of before tnc date the Equipment is delivered to you. TThhe,Renul Payments will begirt on the first day of the month following; the dau• nk Egvippmment A delivered to yyou and shall continue thereafter to be pad on the same day OF each sdbsequem month or other calendar period and for the time period specified on tine from of this Agreement. Cbarges front the date of delivery of the Equipment to the date de Re" Pa meats begin stall Ik computed by converting the Rental payment to A daily rate Lased on a 30 day month. You will make all payments required udder taus Agreetnem 40 us it h ucn address as we may specify in writing. You autnorite us 10 adjust the Rental Pa ttirnt by n x more dan 19% if the actual Tog! Cash Prlee (which is :iii amounts A lave paid in ennnee:ion with the purchase, delivery and installation of die Equipment, it adding any trade-up arW buyout am0uuis) differi from the estimated Total Cash Price. If any Rental Payinent or c Cher amount payable to us is not aid within 10 days of its due date. you will pay us A We charge not to exceed 10% of each lpate payment (or such lesser rate as ix the maximum rate site wAble under applicable law). ANY AUTHORIZI' TO SPEAK FOR US OR TO BIND US W ANY WAY. We trans!" to you lar the term of to t Agreement any warranties made by the mini f=19rer or Supplier under a supply Cuntnct. 3. EQUIPMENT LOCATION; USE AND REPAIR; RLTLMN. You will keep and use the Equipment only at the Equipment Location shown on the front of Nis Agreement. You may not move 1114 EgwptneAt without our prior written consent. At your own cost and expense, You will keep the Equipment in compliance with all applicable laws and in good condition, except for ordinary we tr and tear. You will not make an) alterations, additions or replacements to the Equip near without our prwr wriaeh consent. All xlrerations, additions and rcpist ments will become part of the Lquipment and our property at no earl or captive to us. e may inspect the Equilinient at any rcuo11]ble time. Vnlen you purchase the Equipment in aet.'ordance with this As reetnem, At ate std of this Agreemeni you will Winedmle)y del Ivor the Equipment to us in as said condition As when you received it. except for ordinary wear and tear, to any place in die United States that we tell you, All Equipment raumed to us must me eligible, without any additional cast by us, for any marrafaeturar's critill ation and maintenance. or at our ofuun yyou will pay us an inspection and refurbishment fee equal to 10% of the Total Cash Prce. Vat will pay all expetisca of detnaslling, crating and shipping, and you will insure the Eittipment for as full replacement value during shipping, d, TAXES AND FEES. You will pay when due, either directly or to us upon our demand. all taxes. fines and penalties relating to this Agraement or the Equipment that are now or in Uic future uwased or levud by Any suit, local or other government audhor'iry. For Equipmerv subjeci to ppeersonal propet,I taxes, to liquidate such taxes you agree to pay tits an annual amount ('.1rallsed Amoumd ) which ahall be based upo>r theSqu,tppotent price (as set forth in the onglml Supplier Invoice), reduced by depreciation Fal.,Sle4 in accordance with upphdabte deprecation uliedules used by the a pnrcable taxing jurisdiction at the applicable sus rate. The AWS.sra Arhou t shall be payable by you without re and to any discounts or reduction we may obtain ty reason of early paymenu or otherwise. I6Va will file all personal property, user of other ux returns tutdess we direct gat ahcrwaae in writing). You will pay s processing tee equal to 10% of lily assessoci Persotal property us. We have no dbligaadon w contest any taxes. hens c r per alfies. You will ray estimated property taxes with each Rental payment or anrwxlly. as it voiced S, LOSS OR DAMAGE. As between you and us, you are responsible far up) loss, theft or demfuctnon nt. or damage to the Equipment (itolleetivcly 'Loss') from any cause at all, whethci or not insured. u oil it is delivered to us at the end of this Agreenvam. You arc require) to make all Items Payments even if there is a Lorca. You trust notify us in canning imnncaiaicly of any Loss. Tien, at our updon, you will either (a I repair die Equipmem 60 uN1 4 it; in ;;d condition and working miler, cliTbic far arty manufaeturcr's certtrwa ion. or fib) pay u, the amounts specified in Section 9 ( ) below, o. INSURANCE. You watt provide and maintain at our expense ter) pr rty insurance t?ainst the loss, then or de.lruction of, or damage to, ge Equipnscnt for Its full replacement value riming us as tort payee, and (bit public, I-ubthty and third par r% property irtsurvnce, naming us as Additional Injured. You will gave us. Cartifigtes or ocher evidence of such uh.uranec when requested. Such insurance will be in a fafAt, amount and with companies acceptable to us. and will provide that we will be given 30 as), advanec notice of Arne cancellation or material eba:lge of such insurance. 1(you do not give us evidence of insurance acceptable to tea. we have die right, but not me obligation. to Mve either property utsurince of liability insurance or bad protecting usplaced at your expense. Your expense may include the lull premium paid by us (rot reduced by any credit or refund due or paid to tit) and any ustwtarv mutes or fees a'oxus and of ourdestgnet(s) associated with such insurance. You agree to pay such amounts in maptul irnaallrnetus afloeateal W each Rental Paymaill plus interest on such amounts it the tester of the highest rate permitted by law or 1,591 per month. If insurance is plaCed by tit, !'ou will cooperate with our insurance agent with respect to rte placement at insurance and the processing of claims. Nothing in this agreamc,u will create an uuura nee relationship of :.rW type between us and any rider permit. You acienowledle. that we are not required to secure or ma,nain any vwrrance, and we wil l not be liable to you if we terrromu: any inwemce cut erase that we arrange. 1r we replace or renew any insurance :tneeag<, we ue not oblisa to to provide replaeerrxm or renewal covuacc under the same tarns. cosh, limits. or condidam as the previous caverage, You hereby appoiit us as your atuwnes-m-fact to make claims for, receive pivmenn of. and execute And endorse all doeunhenis, checxs or drafts for loss or damage under ally of youi insurance polictes. i. TITLE. RIA:ORDiNG. We are are owner of and will hold tide to the Equl Pitman I except to the extent the Equipment 1: licensed sofrwAre in which event yee, -fall maintain a perpewat licit tae use mw possess such uArware and shall abandon such perpetual right at the end of ails A1-recinem unless you purcrose the Equipment in Accordance with this Agreement. Jr .2m. ,lAr person aueraptle to cuan, uwncrship of du Equipment by assemny; titat claim against you err turar h you. u agree. a your expense to protect and defend our title to Inc Equipment. l'ou w)k keep the E441prnent free .t all liens std encumbratwxt. and you shill give us iminedwte onuce if am. legal arocess or lien is asserted of nude against the'Equipmenl. 11 this daiwruon is deemed to be a lease mtcnde4 rot security, then you grunt us a scanty interest 972 652 1234 T-211 P-005/011 F-252 in the Equipment. You will deliver to us ttgned fuartetng statements or other docurnerss we re tleSl 1o roiect our interests under this ??Agrenitent. YOU AUTHORIZE US TO FILE A COPY OF THLR AGREEMENT AS A FINANCING STATUMIENT AND APPOINT US OR OUR DESIGNEE AS YOUR ATTORNEY-IN-FACT TO EX1:CI AND FILE ON YOUR BEHALF FINANCING STATEMENTS PROTECTING OUR 1NTEkTiS'IS UNDER THIS AGREEMENT AND IN THE EQUIPMENT AND ANY COLLATERAL PROVIDED BY YOU. S. DEFAULT. F,ach of the following is it 'Default' under this Agreement. (al you tall in pay any Rental Payment or any other paynmcal within 10 days of its out date, (b) you till not perform any of your other obligations under this Agreement or in any other agreement with us and this failure continues for 10 days aner we nave notified you of it.(c) you become insolvent, you dissolve or are dissolved. or you "Sign your 2SWIS for the ¢enern of yyamr cre ditofs, or enter (volutwrity or inveiluntarily) any bankruptcy or reol'gsniaalion proceeding. (d) any guarantor of this Aareemm dies does not perform its obligations under the guaranty or becomes subiect to acct of the events listed in clause Ic) above. 9. REMEDIES. If a Default oc;urs, we may do one or more of the foilnwing: la) we may cancel or terminate this Agreement or arty or All other agreemew that we have entered into wkh yotn; (b) we may require yttd to immedwtet pay tea as eompentxlion for fits of our bargain and not as a penalty, a sum equal to (? the present value of all unpaid Rental Paymenp for Ne remaitxler of t1v term plW the present value of our anticipated tesidwl interest m Nc Equipment each discounted at 696 per year, eptnpounded mtontbPy, pith (ii) all other amounts due or that become due muter thin Xgrteurtrnt; (q we may require yvu to deliver the E ipment to us as set forth in Section 3; (d) we or txv stem may peacefully repossess d14i(uipment without court order dtld you will not make any claims agarttta us for dartutgct or trespass or arty other reason and (e) we ma exercise am o0et tight err remedy avLI7 ie 3I law or in egwey. You agree eopay ali of twr,eoas of eaforciag cur rights worn; sell of othetviise dispose of it with or without notiec, ai le public or priv: appl the net proceeds (after we iw.a deducted all costs reused to the sale or du die 4- urpmem) to the amounts Mat you owe us. You agree that if notice of sale is law to be given. 10 days notice shall constitute reasonable notice. You welt remain for any amounts that ire due after we have applied such net proceeds 10. FINANCE AGREEMENT STATUS, You agree that if Article 2A of (lie Uniform Commercial Cade applies to this Agreement, this Agreement will be considered a 'fnutN;e lease' as out term is defined in Article 2A, By signing this A icemen, you agree tint timer fa) you have reviewed. approved, and received n copy of th ! pply Contract or (b) that we Iave informed you of the identity of Ilse Supplier, Out you may have rights under tie Su 1 Contract and that oat may contact the Supplier for a de?rrpuon of uwse m pa 70 GXTEN'h PERMTI'ED BY nppTdCAIiLE LAW, YOU WAIVE Al AND ALL RIGHTS AND REMEDIES CONMRRED UMN A LESSEE BY ARTICLE 2A. 11. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS AGkiERMENT. We may, without notifying YOU, sell, assign, or tratnfer this Agreement, and our rights in the Equipment. You agree tat On new holder will have ilia same rights and benefits unit we have new under this Agreement but not our obligators. The rights o this new homer will not be sul;*t to arp, claim, defense or set off that you may have again:; us 12. PURCHASE OYf10Nt AUTOMATIC RENEWAL. If mo Default exists under this Agreement, you will nave the option at the end of the original or arty renewal term to purchase A (but nor less than 2111 of our interest in the Equipment at we Purchase Opp?t(ion pprice shown on the front of this Agreement, plus applicable taxes. You must live W aMMIL 60 days, but slot more than 90 days, wrinen noose before the and of Inc original term that you will purchase the Equipment or than you will deliver the Equipment to us. If yon do not give cis such written notice or if you do not porchose or deliver the Equipment in accordance with the rents and conditions of this Agnmmetat, (Alit Agreement wig autommica renew for an additional 12 month term and thereafter renew for successive one anomub terns until yore deliver the Equipment to w. During such renewal(s) the Rental Payment will remain the same. we may rannl an automatic renewal term by sending you wrwrn nonce 10 bays prior Id such renewal term. We will use out re»nnableNdgmenl to determine d c Equipment' fai s fart market value. If you do not agree with our d?Zermuatidn of Ume 6quupmcnt's r marked value, the imr market value (an a retail basis) wilt be deterfiineti 2t yrn.r expense by an irWepenuenu nppniscr seleetaf by 4 Upon payment of the Purchase Option pace, we staall it-sr er vur interest in that ><gtnepmcna to you .15 IS. WHERE 15" wlthotn any representation or vyA.nty whatsoever U, INDEMNIFICATION. Yuu are responsible far any losies, damages, penalties. claims. suits and actions (collectively 'Claims'), whMier haled on a theory of strict liabillirr ur otherwise caused by or related to (a) the manufacture, installation ownership, use. reirat. possession. or delivery of the Equipment or (b) any defects in the E'quiptrient. Yau agree to reimburse us for and 0 we request, to deferrer us alrrainst any Charms. 14. ADDITIONAL SECURITY. In any )urisdicuon where the Uniform Commercial Code is In erreet, yyou grant to us a security ttuerest in all the property you own, including Airy goats, cnamtls. fixtures, furnsare, tgwpiment, assets. aeeoulls receivable, contract rights and general inungibks, wnorever located ss well as any related proceeds. Any security interest created by this agreement secures your Obligations, and obligations of any or your affilutts (whednerihey exist now or later) to us. I5. CREDIT INFORMATION. YOU AUTHORIZE US TO OBTAN CREDIT BUREAU REPORTS AND MAKE OTHER CREDIT INQUIRIES TRAT WE DETERhONE ARE i?EC£SSARY. ON YOUR WRITTEN REpU?-r WE WILL INFORM YOU WHETHER WE HAVE R.EgUESTED A CONS1fA4tJt CREDIT REPORT AND THB NAME AND ADDRI_SS OF ANY CONSUMER CREDIT REPORTING AMC FURTHER NOTIC CEE?YE MAY USE OR REQUUESI AADDMONAAL CREDIT BUREAU REPORTS TO UPDATE OUR INFORMATION. tit. MISCELLANEOUS. You agree that the terms and conditions contained 'tat this Agreement male up tlu entire agreement between you and us tegardirtg me rental of the EgmP. .TATS Agreement is not binding on us until we sign it. Any change nn any of ate terms and conditions of this Agreement must be in writing and signed by us. You agree, however, that we are alatboraed, without novice in you. to supply misidne information or correct atavious effort to tblx Atreeraeu. If we delay or fail to enforce any of our rights under this Agreement. we will sulflre entitled m enforce ihose rights at a later time. All notices shall he given in writing by inc party sending dic notice and shall be elffeCa;ve wlKil mailca try conifed or re atereJ nail addressed tuft p;,ny receiving ate noucc at its addrasa shown an the rron, of this agreement (or ro any other address specified by cluat pans in writtIV) with postage prepaid. You at and consent that we may serve you tar any action or proceeding by retiutrcd or certified mail. All of our rights And indemnities will survrcc die termination of them Agreement. It is the express intent of the panics not to violate any applicable usury lawi or to nxceu ate naxemum arna"iu of time price dnffuental be mtercia. as applicable. permitted to be chttrprd or collected by applicable. law, and any such exe"r payment will he applad to Rental armencs ill inverse oc cr of nrawrity. And any rem2imng excess will be re unded tea YOU If you do not pertain, 2ny of your iiw;Eairons under Lilts Agreement, we nave the rlgni, out flat the obfigution to take any action or pay any amounts taut we tmcl'tevc are necessary to proiccn oar interests. You agree ca ituill terse us immediately dpon our demand for An)- sucl, mnuunu trial we p2y. U more than one Customer mas Si ned 04 Aercentw each of you :¢tee nisi your liability 1s.laint and saverul. LAPlain 03.0 .01 27-01-200& 16:39 From-COMMERCIAL BANKRUPTCY 972 652 1234 Exhibit A VENDOR: CCI/Triad, PO Box 160700, Austin, TX 78746 rATV MnrIEL DESCRIPTION T-211 P.006/013 F-251 L6850 9 011-126267-000 Page 1 of 2 143MA 6840 Cwtee Pnnrar•Mnn Charger He52< Ill mb ACM&S Point with Quell Amorirw 80211t; 1 HAS2C (,AT-6948MandneldTerminal limb 1 HAS22 6646 EUM Blttery 2 1013921 Connect CaMea For Windovrs POs 1 mAU306 a User Mat WA with 1 all Go Hut) 1 CS; OBE Eagle Customer UDgMde to unity Coro Pkg. I C5506EU2 IEa.* Covomer Upgrade to unity Premium PRO C570SE rc a Pre-RequlePm I H560 RF Suite inaudes Receiving. Snell Manager 6 Inventory I HS5a301C Point of Sift Orr-line for wlndowe upgrade from Cnoracier Vers an woo-eased Traning I H5545C Eagle Catalog for Wlri dows UpOrado from CharsCer version Ww8aead Training 1 H5558C ACCOUnu Receivameb PRO for Wutoowa UpOrtWe from Character Ver6ien WebBasea I 015582C Cuomo 6 81ea PRO for Windows u raoa barn COnVactar POS WOO-Baled Training 1 h555aC Inven(wv for V*dawe Upgrede from Character Verson We"ased Training 1 H5551C Purehasno 6 Recctvtng Qpgrade from Character Versgn Wep-Besed Training 1 )45501C AGtoants Poyable Upgrade from Character Veraan Web-Duets Training - 1 M5503C General Leegar Upgrade from Character Version Web-Based Training 1 H8578 AF Survey l Instadanian per Location I HBS79 RIF Training 1 H8590 HUM a Trio prwMe4 NenrarA 6 connect to Eagle wirer 2 H8595A Install a nan Triad PC to newerk en initial nMUlillstion of system 1 H0217 Aceounia Peyaote Training 1 H8316 General Leacer Training 1 H8516P Initial F"wart 1 H6S21P UPCFasletan 1 H5591Xx Initial Eagle Catalog 1 H8592XX Eagle Catalog Update 1 1046000 Data Fite Conversion 3 Me602 Gala F40 ComrenlOn aeddiond riles 1 H5832. Classic inventory 1 h3640 Acvenced Imronlary 1 HS63< category Pile" Plain- 1 M5692 Eagle Catalog Single Venda( 1 H5642 Ad•enoed Accounts Receivables 1 H5603 Accounts Payable I 1,16604 General Leoger 2 )i5t 1<L PC Access Terminal Emulation 1 M97a9 Cost of Doing Business Survey 1 M5619 Eagle FAX 1 1,1511B Console Temllnal ' I HStaI Slorra Talk 1 H5623 Sierra Talk Plus 1 M5626 Sierra Invoice I H5628 Tru Serve EFM 1 M5528 Cornett Cables Fa Wktdaws POS M63,3 CPV insubalion u M031< Instaildon 6 Trartvq 1 H1a933d Pentium 200 1 H8561110e 6 Momhs Awilional V1'itranty 1 hii147N MOSt COrh'Oller 27-01-2006 16:40 From-COMMERCIAL BANKRUPTCY 972 652 1234 T-211 P-.007/013 F-252 Page '2 of 2 2 H4%fN a votmnfler 1 H4467 H91X UPS 1 M2661L FDT Mono P08 Station 7 M2501 L FUT Moto Oft& Weeutatbn 2 S2512L CDT 14' Cda O05ee %ftM1t$d5A s 3430"L System Cash Ratadpt Printer 3 M3324L Serial Inwipc PnnW 7 H4417 Hand Meld Semw 1 H4t17P Mand Hdd Scanner 1 H561 a Sam Operatina Dvvwffant Lkense 14 H5011 UNIX Usar License 1 H6143 LumneN Can"" 1 468" Go( Code Seannln0 Ms6ea aukk Rean ' 1 Fr ' ht BANKERS LEASING ASSOCIATION, A DNISION OF F.AB LEASING CORP. By: Name: Title: lvc Ul Date: Castles Lumber Co. & Home Center I . I'll, 1 669:?_ eyXIA Name: Michael Castles Date:+ 27-01-2006 16:40 From-COMMERCIAL BANKRUPTCY 9T2 652 1234 T-211 P.008/013 F-252 011-126267-000 ADDENDUM TO LEASE NUMBER BETWEEN 13ANKERS LEASING ASSOCIATION, a division of EAB Leasing Corp. (LESSOR) astles Lumber CC Home Center (-ES$FF) This Addendum shall govern, notwithstanding anything to the contary contained in the Lease. Upon expiration of the initial lease term, and assuming that no defalt has occurred andiis continuing, Lessee must purchase the Equipment from Lessor at the end of the initial lease term for a sum equal to 10% of the original Equipment Cost which is $5,476.20 plus all applicable taxes. Lessee must tender payment within ten (10) days subsequent to the end of the initial, or any renewal, lease term. IN %tiITNESS WHERFOE, Lessor and Lessee have executed this Addendum to the Lease as of the day of , 2001. BANKERS LEASING ASSOCIATION Castles Lumber Co. & Home Center a division of?E/AB Leasing Corp By: _ /lsG? th By: Name: /,,o lkiT N d*r veL? Title: vet !? Name: Michael Castles Title-.@ LL,-•r r l`t? S ??Ps't/ a cr-oi-2006 16:40 From-Co"RC1AL BANKRUPTCY 972 652 1234 T-211 P,009/013 F-252 L "Sk- L V4 L UCC FINANCINO STATEMENT FOLLOW (NaTRUCmNsjRw4wewdlcAng u y A MWC4»b?k Ot COntlCrAr FltCxhP++7 +w,•NOau?•?4r r.. ataert.+?u OSE>t6.KMxOMtDOeMeNrio v+wpaa?er.N} t UCC Mad 8anicee 9074$ IANRM P.O.On 29071 323703441.1 Mandela. CA M2004071 Pde wtA: Aattn4y1vBtla - 993 2L'?EE" 1? [J1 a-2C a ansfLES LUMBER CO. ax ST PA OR `9ANKM&8OFreCH OMSiONS OF EAe MAMN0 CORP. l cawna 1201 LAKE CCOk ROAD I IC' maROOIC I i " I OW02 c4m . nst4aw6w4n?tWextu.•nwtew+4monw? - iNTANC BLES 6 PR?O?9R YO°F La/ERY la URWH?'p6yER ED ANDId? 6M RACGI?RRE PROC•E0 ?P8 TMEAWF. AT60 1 n14iw4rrrttattt+o•1nw(tw?+uW cG1YEt/spit - CW?Gy?tGao?ilEMOn WItIFidMWR 'JJ.??x?l41AA ?o ?srt ikWo 0 ?now• 1 IMIr+2 Agana Eal a A N iA 3211034 t 4Dle OrAke ATW 120767' rspl000muCQpY-NATiaMuccfnUNciRaswvWxf MRMV=QInfiv.OM Mi Ow?.?A c ? ? up"Oloo f. http://prs.ilienonline, cOrnViewIiTingesResults.nspx all 1/271)nn,< 27-01-2006 16:40 From-COMMERCIAL BANKRUPTCY tJ? NCINO 9TATEM11W FDµow IlisTrwcTlol+s 111oRI a„d blxh) CAREFULLY I. (1 1•I ev,wrreOF .olr/.cT •f r tcrrlw••W .ray R.r•?e1Bl ul-a 7 r,r N1yec7 0 9llwacrUWfjte00EyjW TO Ill Ail 1-UCC Olrolsl Sa1VI.0R 8014$BANKERS S33T03140.1 ii Box 20071, Glondale. 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W101/A MS9pital 4U71Ee ICAtu¦a t I MFSS2XX EAveComm uPB1¦ • 1n"41 "OP1¦ Pee COMam.. lraea: IOen F 11 C¦p,tramA aadeaAN M41 lasses: . Gnaw 14 hmda 1 wd.Pnao wAM h1/7• 41a Pnen P4A 1•:N: E¦ a ca a Vander Lass: AOtAdd/f ACa1.Afa AaCar,4 Mq M3623 AalaNMa P¦ &Mo sp Gengrat Le n '•/N UL PC ACUI& lpmwElnutalaa !MS-,As I CM10'C lVA001%IaWaP 11tNN E FANA (M11 1c faawa r~Ak iflMa Tad r s11p3 30" TrA¦ p.4 ku la l ew?A woo ,& (-SC•d Tnr Sdna ti:M 1 h/Q9 Caar¦CCtlhIFOW hil"J,FOS • Irtp9.7 CPU MPWueA 1 1 4 iN•311 { IAAI/Y¦M?TIa1M? _ _ ? • {w matt l Onlrwa 7aa t l>•11/9lal LO gaPOl AddfiOAa{ WOM-W l..A•A7N MallCwrYMIn I h,Tp://prs.ilienonline.com/ViewlmagesResults.aspx 1/27/2006 27-01-2006. 16:40 From-COMMERCIAL BANKRUPTCY 972 652 1234 T-211 P-412/013 F-252 L CIS%. J V L J Page 2 of 2 ?-..e•. to • e ca+ren? I 1"31 voll FC7 A're PCS sown BANKERB LEASING ASSOCIATION. A DIVISION OF EAS LEASING CORP. By. Name Title Dale Castles Lumber Co. & Rome Canker Name: Micneel Cashes TIIIO: Q L"c',e. A-e. t! D61e• tl7+ z - 2? -1?/ http-//prs.ilienonline.comNiewlmagesResults.aspx 1/27/2006 _ I,SY.rc IEM .lm am P.gyr t l 27-01-2006. 16:19 From-COMMERCIAL BANKRUPTCY 011126267-000 AMENDMENT #1 TO LEASE AGREEMENT DATED AS OF _ BETWEEN BANKERS LEASING ASSOCIATION, A DIVISION OF EAB LEASING CORP., AS "LESSOR" AND Castles Lumber Co. & Home Center AS "Lessee" This Amendment is entered into in accordance with the Lease Agreement identified above- All the terms and conditions of the Equipment Lease Agreement are hereby incorporated herein and made a part hereof. In the event of a conflict between the terms of the Equipment Lease Agreement and this Amendment, the terms of this Amendment shall prevail The correct legal name to read: Castles Lumber Co. In all ether respects, the terms and conditions of the Equipment Lease Agreement shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the parties hereto, by their authorization signatories, have executed this Amendment at the date set forth below their respective signatures. A facsimile transmitted document including facsimile transmitted signatures thereon shall be deemed an original Lessor: BANKERS LEASING ASSOCIATION A DIVISION OF EAB LEASING CORP. BY: _ _ : ?k- "A NAME: , (14" 12 w'v- _ Lessee: Castles Lumber Co NAME: Michael Castles TITLE:: k01- DATE: y/I7I;,v 972 652 1234 T-211 P-403 . F-252 TITLE: President DATE - 27-01-2006 16:40 From-COMMERCIAL BANKRUPTCY 972 652 1234 T-211 P-013/019 F-252 C?-+eS i?a?laa 11-06-2006 02:10pm From- T-337 P-006/006 F-480 Y"1FICATION of CITICAPITAL TECHNOLOGY FINANCE, INC_, Wa EAB LEASING CORP., by and LEASING DIVISION, verify that the statements made in the aforegoing document are true that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to authorities. Dated: By: Title- CITICAPITA)L TECHNOLOGY rough its BANKERS correct. I understand ulsworn falsification iANCE. INC. 3060031 FAA tcF.R\130NNMJO\ASSOC\WORY-\COMP\060031 n9-como.wod:310=06 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on November 7, 2006, a true and correct copy of the AMENDED COMPLAINT in the above-captioned matterwas served upon the Defendant, via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: DAVID A. BARIC ESQUIRE O'BRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 KODAK & IMB UM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff {, ;-? `.fit _ ?? :'ri ., -?',': [.i. 'i? - ' ??. .t ":` , $ , t --' ; '? i`? ? :3 . ,.. r CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, f/k/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION - LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, Pennsylvania 17108-1848 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter or a Default Judgment may be entered against you. O EN, BARIC SCHE G Date: IT of November 2006 David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 F CITICAPITAL TECHNOLOGY FINANCE f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER AND NEW MATTER NOW, comes Defendant, Michael H. Castles ("Castles"), by and through his attorneys, OBRIEN, BARIC & SCHERER, and files the within Answer and New Matter to the Amended Complaint and, in support thereof, sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. To the contrary, Plaintiff, as an experienced lender, provided Castles, an unrepresented individual, a pre-printed form constituting an adhesion contract with non-negotiable terms. Castles, without any power to bargain, had no choice but to sign the personal guaranty. To the extent these averments imply that Castles was bound to pay the debt of Castles Lumber Co. & Home Center, the averments are denied. To the contrary, Castles was not bound to pay the debt of Castles Lumber Co. & Home Center. 5. Admitted. 6. (a) After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. I 6. (b) After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. 6. (c) After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. 6. (d) After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. 7. Denied. Exhibit B does not set forth any default by any obligor on any lease. On the contrary, Exhibit B is merely a document of numbers without reference to any lease, any obligor, or any default. 8. After reasonable investigation, Castles is without information or knowledge sufficient to form a belief as to the truth of this averment and it is, therefore, denied. Strict proof thereof is demanded at trial. 9. Denied. To the contrary, Castles does not owe Plaintiff any sum of money. 10. Denied as stated. To the contrary, Castles has attempted to negotiate a repayment price with Plaintiff, however, Plaintiff has refused to negotiate. WHEREFORE, Castles requests that judgment be entered in his favor and against Plaintiff and that Castles be awarded his costs and expenses. NEW MATTER 11. On or about February 9, 2002, the parties entered into an amendment to the Lease Agreement as attached to Plaintiff's complaint being Amendment #1. 12. Amendment #1 changed the Lessee to Castles Lumber Co. 13. Castles executed no personal guaranty for the obligations of Castles Lumber Co. 14. Plaintiff's claim of a personal guaranty by Castles for the debt of Castles Lumber Co. violates the Statute of Frauds. 33 P.S. § 3. 15. The Lease Agreement and alleged personal guaranty are unconscionable contracts of adhesion and therefore, unenforceable. 16. No consideration was given for the document referenced as Amendment #1. 17. Plaintiff has failed to sue the proper party, Castles Lumber Co., to recover the debt. 18. Plaintiff's complaint contains no averments regarding its attempt to recover any debt from Castles Lumber Co. 19. Castles signed Amendment #1 only in his capacity as an officer of Castles Lumber Co. 20. Plaintiff's action is barred by the statute of limitations. 21. Plaintiff s action is inequitable and therefore barred by laches. WHEREFORE, Castles requests that judgment be entered in his favor and against Plaintiff together with costs and expenses. Respectfully submitted, O'BRIEN, BARIC & SCHERER J -AN?za David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant r CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, f/k/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff V. MICHAEL H. CASTLES Defendant NO. 2006-3156 CIVIL ACTION - LAW : JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Defendant and is based upon the statements provided by Defendant, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be substituted and ratified by a verification signed by the Defendant who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. David A. Baric, Esquire Dated: November lq'4, 2006 r CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, f/k/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION - LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on November, 2006, I, David A. Baric, Esquire, did serve a copy of the Answer and New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, Pennsylvania 17108-1848 14U,4 '?/l David A. Baric, Esquire t?' 1-.3 5 `` CITICAPITAL TECHNOLOGY FINANCE f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3156 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Answer, New Matter and Counterclaim of Michael H. Castles filed in this matter on November 14, 2006. Respectfully submitted, Date: November 20, 2006 O'BRIEN, BARIC & SCHE R David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant r •s CITICAPITAL TECHNOLOGY FINANCE IN THE COURT OF COMMON PLEAS, flk/a EAB LEASING CORPORATION, by and CUMBERLAND COUNTY, through its BANKERS LEASING DIVISION PENNSYLVANIA Plaintiff NO. 2006-3156 V. CIVIL ACTION - LAW MICHAEL H. CASTLES Defendant JURY TRIAL DEMANDED VERIFICATION 1, Michael H. Castles, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. Ahael H. Castles Date: QED CITICAPITAL TECHNOLOGY FINANCE f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff V. MICHAEL H. CASTLES Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on November 20, 2006, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Attach Substitute Verification by first class U.S.P.S. mail, postage prepaid, to the party listed below, as follows: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. P.O. Box 11848 407 North Front Street Harrisburg, Pennsylvania 17108-1848 r ?,?iya 77I - ??Q? Tina M. Ascani ' _ ?=+ , - -i - ? _ 'r, _ ? Yy ?_ ?i?1 ''? {? ._ -j ?-, ?.? SHERIFF'S RETURN - REGULAR CASE NO: 2006-03156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITICAPTIAL TECHNOLOGY FINANCE VS CASTLES MICHAEL H VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASTLES MICHAEL H the DEFENDANT , at 1439:00 HOURS, on the 24th day of July 2006 at 9 ASHLEY COURT BOILING SPRINGS, PA 17007 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79,/ 07/25/2006 n 9-j5-04 KNUPP KODAK IMBLUM Sworn and Subscibed to By: Z/ Z/. /_ before me this day Deputy S riff of A.D. ¦ ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 (717) 238-7158 Attorney I.D. No. 18041 Attornev for Plaintiff CITICAPITAL TECHNOLOGY FINANCE f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION Plaintiff v MICHAEL H. CASTLES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3156 CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER The Plaintiff, CITICAPITAL TECHNOLOGY FINANCE, by its attorneys, KODAK & IMBLUM, P.C., files its Reply to Defendant's New Matter as follows: Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 10 of its Complaint the same as if fully set forth herein. 11. Admitted. 12. Admitted with explanation. The amendment of February 9, 2002, is very clear in that the only thing changing was the name. The second and third paragraphs of the Amendment states "The correct legal name to read: Castles Lumber Co. In all other respects the terms and conditions of the equipment lease agreement shall remain in full force and affect as originally written." 13. Denied. Defendant executed the original Personal Guaranty for the obligations of Castles Lumber Co. 14. Denied. The allegation is a legal conclusion to which no responsive pleading is required. 15. Denied. The allegation is a legal conclusion to which no responsive pleading is required. 16. Denied. It is denied that Plaintiff gave no consideration for Amendment #1. 17. Denied. Plaintiff obtained Relief from the Automatic Stay in the bankruptcy of Castles Lumber Co. , but when the Trustee for said company filed a report of no assets and closed the file there was nothing further for Plaintiff to do in regard to Castles Lumber Co., and the law certainly does not require a futile act. 18. Admitted in part and denied in part. Although it is admitted that Plaintiff's Complaint does not have any averments regarding it's attempt to recover any debt from Castles Lumber Co., per the Reply to Paragraph 17 above, Plaintiff took all steps possible F:\ USER\ BONNIEJO\ NEWMATTE\ REPLY\ WORK\ citi cast1es3060031.wpd 2 against Castles Lumber Co. in light of the Castles Lumber Co. bankruptcy filing. 19. Denied. Defendant signed Amendment #1 in is individual capacity. 20. Denied. The allegation is a legal conclusion to which no responsive pleading is required. 21. Denied. The allegation is a legal conclusion to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor, and against Defendant, as prayed for in Plaintiff's Complaint. Respectfully submitted, KODAK & IMBLUDA6 P.C. Robert D. Kodak, Esquire robert.kodak@verizon.net 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7152 Attorney ID No. 18041 Attorney for Plaintiff VERIFICATION (name) (title) of CITICAPITAL TECHNOLOGY FINANCE, verify that the statements made in the aforegoing Plaintiff's Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unworn falsification to authorities. CITICAPITAL TECHNOLOGY FINANCE Y Title: Dated: / - 16' LIM 3060031 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on a true and correct copy of the Plaintiff's Reply to Defendant's New Matter, in the above- captioned matter was served upon the Defendant, via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: DAVID A BARIC ESQUIRE 19 WEST SOUTH STREET CARLISLE PA 17013 KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire robert.kodak@verizon.net 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Attorney I.D. No. 18041 Attorney for Plaintiff r?-, ? - r ?a f__. '?? ?? ,?1 tom? -; ',_-' ..?... , J-...:.?. r ? }C?l A. "? -I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ¦ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION VS. MICHAEL H. CASTLES Plaintiff Defendant (check one) ¦ Civil Action - Law ? Appeal from Arbitration ? Other The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials) No.2006-3156 Civil Indicate the attorney who will try case for the party who files this praecipe: Robert D. Kodak, Esquire, Kodak & Imblum, P. C. Indicate trial counsel for other parties if known: David A. Baric, Esquire, O'Brien, Baric & Scherer This case is ready for trial. Dated: July 16, 2008 Signed: Print Name: Robert D. Kodak Attorney for: Plaintiff s?+a t aa) 1 crt _ -- l'' h? P 1 Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Attorney for Plaintiff CITICAPITAL TECHNOLOGY FINANCE ftk/a IN THE COURT OF COMMON PLEAS EAB LEASING CORPORATION, by and through : CUMBERLAND COUNTY, PENNSYLVANIA its BANKERS LEASING DIVISION Plaintiff V. : NO. 2006-3156 MICHAEL H. CASTLES CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Praecipe for Listing Case for Trial in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DAVID A BARIC ESQUIRE OBRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE PA 17013 KODAK & IMBLUM, P.C. Robert D. Kodak Dated: 7Ah a I= a ` ' _ F: e 7 raw t"FZ ? co ? '1 : . CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION, Plaintiff VS. MICHAEL H. CASTLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3156 CIVIL IN RE: PRETRIAL CONFERENCE ORDER AND NOW, this Z 9' day of July, 2008, a pretrial conference in the above-captioned matter is set for Monday, September 15, 2008, at 1:30 p.m. in the Chambers of the undersigned. BY THE COURT, Kevin X. Hess, J. Xobert D. Kodak, Esquire 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1848 For the Plaintiff avid A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Defendant Court Administrator :rlm A 't t + ° -an 2 l!Yw CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a EAB LEASING CORPORATION, by and through its BANKERS LEASING DIVISION, Plaintiff VS. MICHAEL H. CASTLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3156 CIVIL IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held September 15, 2008, were Robert D. Kodak, Esquire, attorney for the plaintiff, and David A. Baric, Esquire, attorney for the defendant. This case arises out of a commercial lease executed by the defendant as an officer of Castles Lumber Company and Home Center. Specifically at issue is the enforceability of a purported personal guarantee of the lease obligations undertaken by the defendant. Counsel indicated that there will only be two witnesses and the matter should require not more than one-half day to try. The defendant has also raised a question concerning the amount of accelerated interest and attorney's fees. It is anticipated that the plaintiff's billing statements with respect to attorneys' fees will come in by stipulation. The undersigned is personally acquainted and friendly with the defendant, Michael Castles. Given the nature of the lawsuit, it would appear appropriate that this matter be reassigned to another judge without the necessity of another pretrial conference. In the ?fi;tils'? .1C. ?p„ 1? yf`1?.t'ti ? ?' ` '='.?''?4 c? ??? '?? ?? ? ?q ?? ?? ?'??? Y meantime, the parties continue to negotiate with regard to a possible resolution short of trial. September 15, 2008 - 11"-71 Kevin . Hess, I /Robert D. Kodak, Esquire 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1848 For the Plaintiff avid A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Defendant Court Administrator :rlm 1 I CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a EAB LEASING CORPORATION, by and Through its BANKERS LEASING DIVISION V. MICHAEL H. CASTLES : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2006 - 3156 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 29TH day of SEPTEMBER, 2008, a civil non-jury trial in the above-captioned matter is SCHEDULED for M1fWMJXa(A P W-6? 0-4 ) yW aN'V0P0'A • in Courtroom #3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Edward E.'Guido, J. ROBERT D. KODAK, ESQUIRE AVID A. BARIC, ESQUIRE COURT ADMINISTRATOR 12of I is ,rmcz r (-.C, %/08 10 :8 PV 1-- 130 HE -31HI JO V Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: roberl.kodakakodak-imblum.com Attornev for Plaintiff CITICAPITAL TECHNOLOGY FINANCE, INC., f/k/a IN THE COURT OF COMMON PLEAS EAB LEASING CORPORATION, by and through its CUMBERLAND COUNTY, PENNSYLVANIA BANKERS LEASING DIVISION Plaintiff NO. 2006-3156 CIVIL V. MICHAEL H. CASTLES CIVIL ACTION -LAW Defendant STIPULATION FOR ENTRY OF VERDICT AND NOW, this 25`h day of November, 2008, comes Plaintiff, Citicapital Technology Finance, Inc., f/k/a EAB Leasing Corporation, by and through its Bankers Leasing Division (hereinafter "Plaintiff'), by its attorneys, Robert D. Kodak, Esquire, Kodak & Imblum, P.C. .and... Defendant, Michael H. Castles (hereinafter "Defendant"), by his attorneys, David A. Baric, Esquire, O'Brien, Baric & Scherer, who stipulate to settle the captioned matter as follows: 1. Plaintiff filed suit in this matter to the above term and number on June 2, 2006, with the Complaint being reinstated on July 17, 2006. 2. Defendant was properly served with said Complaint by the Sheriff of Cumberland County, Pennsylvania, on July 24, 2006. 3. Defendant's Counsel did file an Answer to Plaintiff s Complaint with the Office of the Prothonotary on or about October 20, 2006, and served same on Plaintiffs Counsel. 4. By agreement of the parties, Plaintiff filed an Amended Complaint on November 8, 2006 and served same on Defendant's Counsel of record. 5. Plaintiff did, on or about April 8, 2008, file is Reply to Defendant's New Matter and served same on Defendant's Counsel. 6. Plaintiff file its Praecipe for Listing Case for Trial on July 18, 2008, and served same on Defendant's Counsel of record. 7. The matter was scheduled for Pretrial Conference on September 16, 2008, at which time it was set for a trial on November 26, 2008. F:\USER\BONNIEJO\ASSOC\WORK\STIP\Citi Castles Awd Verdict.wpd:25NovO8 2 y w 8. The parties continued settlement negotiations, and have agreed to allow an Entry of Verdict to be entered in favor of Plaintiff and against Defendant for the sum of Twenty-One Thousand, Five Hundred Dollars ($21,500.00), said verdict to be entered at the date and time set for trial. 9. The parties further agree that the signing of this Stipulation for Entry of Verdict shall be in full satisfaction of all claims the Plaintiff has, had or could have regarding the subject matter of this suit. 10. The attorneys herein, by affixing their signatures hereto, certify to the Court that they have the full authority of their respective clients to enter into this Stipulation for Entry of Verdict. Respectfully submitted by: O' RI A N, BA SC R KODAK & ??M, P.C. David A. Baric 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney I.D. No. 44853 Attorney for Defendant Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7152 Attorney I.D. No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\ASSOC\WORK\STIP\Citi Castles Awd Verdict.wpd:25Nov08 3 ^.9 4 a ? I. F . ..71