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HomeMy WebLinkAbout94-02617 .''',- . '-...,. r 91/ -d(,I'l C/II,'! ~rJf't 1 t ! I NO. j' Civil 19 j I ,I " .i'. ~; 1'(, 'f, ~..- tv .:51/5t111t'h4I'1C Le,u~ &_/"d~ t. U l" Iv }/ t' 'l,,"/ Ii ~t" ,~ it ~- r~ . \ !1 I ;. , , t.. :1' I L . ) ,", ,~ , l- f V5. r" j' r" r .' I l I: r; r " to, f ~, l ~' Court of Common Pleas Cumbo Co. .. '-, , ... I r'l .. , :1 . II "',I)' . , ".t I .A--. ~ . ' ,.;,: ~ , "'j J I" . , ." ) r }.. i ' ....j... ~;,\r'4,# :,,, ';r;; jO., ~~ ~' J1 , .~. ,I ""1 'f' J ,_ ,..,1 . I t ~ I I , I ! j" f:- Ii I. f ' .. h,\. IN TBB COURT OF CONHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 8USQUJlBANC LEASB COMPANY, : No, 14- cJ... ~/7 G~~LJ~A _A^ , plaintiff,: ~~rr~ : : Civil Aotion - Law v, : I ROBBRT A, WARNBR, JR" : TO THB PROTHONOTARY: IncUvidual1y aDd T/A : J'I8HBlUIAII' 8 CATCH SBAJ'OOD : ILUPT8, Defendant, ENTER JUDGMENT in the above case for Judgment by confession against Defendant, Robert A. Warner, Jr., Individually and t/a Fisherman's Catch Seafood Markets , 1 in favor of plaintiff, susquebanc Lease Company in the sum of $7,966.52 with interest plus costs of suit Total: $8,364.84 , 19 tflt- Judgment entered by the day according to the tenor of the above jlm/19JF D " ZN THB COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEBANC LEASE COMPANY, Plaintiff, , , No, , , VB. ROBBRT A, WARNER, JR" Individually and T/A FISHERMAN'S CATCH SEAFOOD MARKETS, Civil Aotion - Law Defendant, COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, TO WIT, this (p;"'- day of m CA-':::) , 1994, comes the Plaintiff, Susquebanc Lease Company, by and through its counsel, Griffith, strickler, Lerman, Solymos & Calkins, and Charles B, Calkins, Esquire and files this Complaint pursuant to Pa.R,C,p. 2951(a) for Confession of JUdgment and avers the fOllowing: 1. Plaintiff, Susquebanc Lease Company, is a duly registered Pennsylvania corporation, with offices located at 2 Market Square, 2nd Floor, P.O. Box 8, Manheim, Lancaster County, Pennsylvania 17545-0008. 2. Defendant, Robert A. Warner, Jr., is an adult individual engaged in business trading as Fisherman's Catch Seafood Markets with a principal location of 814 W. High Street, Carlisle, Pennsylvania 17013. 3. On or about September 10, 1990, Defendant contracted with Plaintiff to lease equipment under the terms and conditions as more fully set forth in a true and correct copy of a Lease Agreement which is attached hereto, made a part hereof, and marked as Exhi~it ItA". 4. Pursuant to the terms of paragraph 19 of the Lease Agreement, Defendant has authorized that Judgment may be entered against him in the event of a default. 5. On or about November 11, 1991, Defendant defaulted on the terms of the Lease Agreement by failing to forward his agreed upon monthly payment of $260.83, 6, Pursuant to the terms and conditions of the Lease Agreement, Defendant is liable to Plaintiff as follows: (a) Unpaid balance of instrument - (b) Late charges of 5% - TOTAL: $7,966.52 $ 398,32 $8,364.84 7. Judgment has not been entered on the attached instrument in any jurisdiction. WHEREFORE, Plaintiff demands Judgment in its favor against the Defendant, for the sum of $8,364.84, together with interest and costs of suit as authorized by the warrant appearing in the attached instrument. II GRIF~T. ~TRICKL S L S & ,j BY CHARLES B, CALKINS Attorney for Plaintiff Supreme Court I,D, No, 36208 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 RMAN, jlm/19JF D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEBANC LEASE COMPANY, Plaintiff, No, VB, ROBERT A, WARNER, JR" Individually and T/A FISHERMAN'S CATCH SEAFOOD MARKETS, civil Action - Law Defendant, , , VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S, ~ 4904, relating to unsworn falsification to authorities. Date: :5 ft./9{ I I SUSQUEBANC LEASE BY: jlm/19JF D 4.'-4";.................,'" '"".,._...'"....~",-....,..I...,'''.;j, . .n" .' .. exhibit A --,.~ I .,...!..~ -, .-.- _ -:":"':;:-';~::-.:-;':'-::=~__ n ~ ~~-- Susquebanc LeCUJe Co. LESSOR Lo..o No, 10168 Rental Commencement Date OFFICES 'N: LANCASTER, PA (717) 392-olWl 18001 422-3252 HUNTINGDON. PA (BI411143-4390 (800) 232-2994 ... , W'LL'AMSPORT. PA (71713211-2431 SUNBURY. PA 171712B6-67B' WAVNESBORO, PA (717) 7B2.3121 S~ptembP~ 10. lQgo I SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS, (INCLUDE ZIP CODEI Central Pennsylvania Restaurant Equipment Sales 150 S, Cameron Street Harrisburg, PA 17101 I I FULL LEGAL NAME AND ADDRESS OF LESSEE (INCLUDE ZIP CODEI Robert A. Warner, Jr, T/A Fisherman's Catch Seafood Markets 814 W, High Street Carlisle, PA 17013 L -.J L OUANTITY SER'AL NO, EOUIPMENT (MANUFACTURER. TYPE. MODEL NO" DESCR'PTIONI See Attached Schedule "A" ABOVE EQUIPMENT TO BE INSURED BV LESSEE IParagraph No, 11) EQUipment Location It olner Ihan Lessee's Address ....... eo" "'M "" SECURIlY PRE.PAID AFTER 'NITIAL TERM , OEPOSIT RENTALS Last 2 Mo. RENEWAL RENTAL S 721.66 s 360,83 PAYWAIHJAU' INAOYAICE INITIAL TERM OF LEASE IVEARSI PAYMENTS W'LL BE MAOE MONTHL V :;; OUARTEAL V, C! NUMBER AMOUNT OF RENT PAYMENT RENT SALEST AX TOTAL PAVMENT 3 ~@ s 340,41 s 20.42 s 360.83 $ on..r" TERMS AND CONDITIONS OF LEASE - PLEASE READ CAREFULLY BEFORE SIGNING In consideration 01 mUlual promises contained herein and intending to be legally bound hereby, the panies agree as follows: 1. Lease of Eouioment. LESSOR hereby leases to LESSEE and LESSEE hereby leases and rents from LESSOR Ihe personal property descllbed above (hereinaller "Equipment") upon Ihe terms and conditions and for the rent as sel fonh herein, 2, Term, The lease term commenCBson the date of acceptance 01 Lease by LESSOR and shall terminate upon the expiration of Ihe time 01 the spec,fieo pe"od, Th,s Lease is NONCANCELLABLE and contains no provision for early terminal ion, 3, Rent. Lessee agrees to pay during the term of this Leaseaggregale rentequallo the total number of rental payments specified above, multiplied by tha amount 01 each payment specified above inClUding taxes. The security depositandlorthe prepaid rental payments as specified above are payable at the time of the signing 01 this Leasa or any later date selected by Lessor. All rent shall ba paid 10 Lessor at the addrass set lonh above. or as otherwise directed by Lessor, 4, DISCLAIMER OF WARRANTIES. LESSEE acknowledges that the Equipment was selected and will be maintained solely by LESSEE. LESSOR '.lAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER. INCLUDING. WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EOUIPMENT. ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. its quality, capacity or workmanship, 3atent infringements or lalent defects, orcompliancBof the Equlpmant with the requirements 01 any law, regulation, specification orconlract relating thereto, cESSEE understands and agrees that neither the supplier nor any salesman orother agent olthe supplier is an agent of the LESSOR. No salesman or agent of :he supplier is authorized to waive or alter any term or condition 01 this Lease. , 5, Claims Aoainst Suoplier, LESSEE agree. that any claims wilh relerence to the installation, delivery or operation 01 the Equipment shall be made 19a'nstthe supplier. and that notwithstanding any claim LESSEE may have against supplier, LESSEE shall pay LESSOR all rents and other monies payable 'ereunder, Funhermore, LESSOR authorizes LESSEE to enforce in Its own name any warranties. agreements or representations, if any, which may be made ,y the supplier of the leased Equipment. LESSOR hereby assigns unto LESSEE, lor the term of this Lease and folthe purpose of making and prosecuting any 'uch claim, all 01 the rights which LESSOR has against supplier lor breach of warranty or representation respecting the Equipment. 6, Location, The Equipment shalt be delivered and thereafter kept. malnlained and located at the location specified above, and shall not be remOved herelrom wilhout LESSOR'S prior written consent. 7, Use, LESSEE shall use the Equipment in a careful and proper manner and shall comply wilh all laws, ordinances and regulations relating to Ihe >ossess,on, use or maintenance of the Equipment. and LESSEE shall be entitled to derive all proceeds Irom use of the leased Equ'pment. 8, Lessor's Inspection, At all reasonable times during business hours. LESSOR or ils aulhollzed agenls shall have the IIghlto inspect the Equ,pment or bserve Its use. g, Allerallons, W'lhoUI prior w"tten consent of LESSOR. LESSEE shall nol make any alterations, add,tions or 'mprovemenlS 10 Ihe EqUipment. All C101110ns and improvements of whatsoever lund or nature macJe 10 the EQUIpment snail belong 10 ana become the property at the LESSOR upon expiration. or lt1rer termination. at thiS Lease. 10 Reoans I FSSFF :Hlte: nwn rnc:' ::lnn ""...n'HH"O rl...... I."....... ..... C... .,__~_. _ _. . ~ . '. " ", Insuranco, LESSEE shall carry insuranco in an amounl alleasl equallo Iho lolal renl againslloss or damago by Ilre.lhell and olher lossoa Cllslomalily covered by insurance and willlurnish LESSOR wllh a cerlllicale or cerlilicales 01 such insuranco with a loss payable endorsomonllo LESSOlland1ollll designaled assignee, LESSEE shall requiro insuler 10 include a clauso In Ihe pu.,cy w"ich prohlbils cancellalion ollho policy lor any roason wllhoullnsurol Ilrsl giving 10 LESSOR Ihirly (30) days' wrillen nolice 01 Inlenllo cancel, LESSEE shall and hero by agrees 10 malnlaln In lorco during Iho Inlllollo",o lorrn hereol. and any renewals Ihereol, adequalo public liabllily Insurance covering Iho Equlpmenl and Insuring bolh LESSEE and LESSOR agalnll.nl) 1011, damage, claim. suit acllon or Ilabilily orlslng oul ollhe ownership, possession, mainlenanco, opera lion or useollho Equlpmen\.1I LESSEE laila 10 oblaln and malnlain In ellectlhe requisite insuranco policies, LESSOR. wilh no prejudice 10 or waiver 01 any 01 her rlghl horeunder or provided by low, may 01111 opllon cause such Insurance 10 bo issued and LESSEE hereby agrees 10 repay Immedlalely upon demand all sums expended by LESSOR In doing ao with Inlarlll al Iho Ihen hlghesl rolo ollnleres\. 12, Assiqnmen\. LESSEE shall not assign or sublellhis Lease, nor sell, pledge, hypolhecale, lend or olherwiso dlsposo of Iho Equlpmonf wllhout tha prior wrillon consont 01 LESSOR. LESSOR may assign Ihis Lease and all righl. lille and Inleresl 01 LESSOR therein and In Iho Equlpmont and to all rant dua or 10 becomo duo LESSOR herounder, LESSEE will recognize such assignment and lurnlsh assigneo with a wrlllen acknowledgomenlthat Ihla Loesa II In lull forc. and ellecl and Iho LESSEE Is nol enlllled 10 any counlerclaim or seloll, , 13, Surrender. On or bolore Ihe explrallon or terminellon ollhls Lease, LESSEE al its expenso, and with all shipping and handling Calla prapald,lhall relurn Ihe Equipment In IIrst'class condilion and repair. ordinary wear and lear excepled. by delivering said Equlpmonllo LESSOR'S olllce, or to auch olher place as LESSOR may spoclly, 14, liens & Taxea, LESSEE shall keep Ihe Equlpmenllree and clear of all levies, liens and encumbrances and shall pay allllconso foos, roglslrallon leol, assessmenls. charges and taxes (Iederal, municipal and slale. including personal properly laxes) which may now or horoallor bo Impolod upon Ihe ownership. leasing, renling, sale, possession or use ollhe Equipment. II LESSEE lalls 10 pay any 01 said loes. assessmonls. chargos or Inxes. LESSOR Ihall have Ihe righI, bul shall not be obligaled, 10 pay Ihe same, In Ihal event,lhe cosllhereol shall bo repayable 10 LESSOR aa addlllonnl ronl. and Inllura to ropay Ihe samo shall cons titulo a delaull hereol. IS, Indemnllv. LESSEE shalllndemnlly LESSOR againsl. and hold LESSOR harmless Irom, any and nil claims, aclions. suits, p/oceodlng.. COSII, expenditures. damages and Iiabililies, Including all arney's lees. arising oul 01, connecled wilh or rosulling from Iho Equlpmenl, Including wilhoutllmllallon Ihe manulacluro, seleclion. delivery, possession. use, operalion or relurn ollhe Equipmen\. 16, Creditlnlormalion, LESSEE warranls Ihallhe Applicalion and Credil or Flnanciallnlormalion submllled by LESSEE are Iruoand correcl, nnd mnrlo 10 induce LESSOR 10 enler Inlo Ihls Leaso and 10 order Ihe Equipmenl from Ihe supplier, 17, Delault.1I LESSEE lails 10 pay any renl or olher amounl herein provided within Iivo (5) days allo/lho snmo I. duo and payablo, or II LESSEE lolls 10 observo. keop or perlorm any olher provision ollhis lease roquired 10 be observed. kepI or perlormed by lESSEE (Including bul nolllmlled to Iho giving 01 nolice as herein provided). or iI LESSEE ceases doing businessasa going concern, or iI a pelilion Is filed by or agoinsl LESSEE under Iho Bankruplcy Acl or any amendment Iherelo (Including a pelillon lor reorganlzalion or arrangemenl), or iI a receiver is appolnled lor LESSEE or 11. properly, a/II LESSEE commlls an acl 01 bankruplcy. becomes in salven I. makes an assignmenllor Ihe benelil 01 creditors. or oilers a composition 0/ ex lens Ion 01 any 0111. Indoblodnoss. or II LESSEE (withoul LESSOR'S prior consenl) allempls 10 remove or sell or Iransler or encumber or sub leI or pari with tho possession of .ald Equlpmonl, or II lESSOR deems ilsell insecure,lhen in any of Ihese even Is LESSOR shall,ln addition 10 anyolher romedy provided by low. hovo Iho /ighllO toko Immodllllo possession ollhe leased Equipmenl and all addilions or Improvemenls made Iherelo, wherevor localed, andlor 10 lermlnalo thl. Loaso LESSEE ho'oby aulhorizes LESSOR 10 enler upon any premises lawfully lor Ihe purpose 01 taking possession of Ihls leased Equipmenl and allor .uch laking ond romoval 01 said leased Equipment 10 hold Iho same free and clear ollhis Leaso and 01 any righls 01 LESSEE hereunder, 1S, Liquldaled Damaqes, LESSEE shall be liable lor and LESSOR may recover from LESSEE as liquldaled damages lor Iho broach ollhll Lea.o the following: (a) All unpaid renlal 01 the dale 01 relaklng or redelivery of Ihe leasod Equipment, or LESSOR'S le.mlnotion ollhl. Loasoduo 10 a delaull 01 LESSEE, LESSOR shall havo the right 10 declare immedialely due and payable any and all renls due and 10 bacomo duo horoundor upon dofaull by LESSEE: and (b) The reasonable cost and expense 01 relaking possession ollhe leased Equipment: and (c) All 01 her sums payable by LESSEE 10 LESSOR pursuant 10 Ihe lerms ollhis Lease Agreemonl; and (d) Inleresl on unpaid renlals atlho maximum ralo permitled by law from dalo 01 dolaullln paymenl unlil the dnlo collocllon ollho arrear ago. I. made: and (e) II Ihe leased Equipmenl cannot bo recovered. relaken or redelivered 10 LESSOR. LESSOR shall recovor Iho osllmaled lair markot valuo ollho leased Equipment allho lime ollhe delaull. 19, Conlession 01 JUdqment.ln theevent 01 delaull os hereinbelore specitied. LESSEE hereby aulho/lzn. nnd empowors Iho Prolhonolnry. Clerk or any allorney 01 any courl of record within Ihe United Slales 10 appear for LESSEE and 10 conless Judgmenl as alien a. necossary nonln.1 LESSEE and In lavor 01 lESSOR. or its assigns, as 01 any lerm. with or withoul declaralion filed (a) lor such sums as mny be pny"blo helellndor (Including .lIch n. p,151 dlln /1llor 10 lees), andlor (b) an amicable action of replevin lor Ihe Equipmenl, With respecllo any judgmenl enlered hereon, lESSEE ,eloaso. and waive. nil ttghl.", appoal, appraisemenl, slay 01 execulion. inquisition and exemplion under any law now or 11Orooller ell lor cod. and I.ESSEE heroby agroo. thai roal oslalo may be sold under wril of execulion and volunlarily condemns Ihe same and aulhorizes Ihe Prolhonolary or Clerk 10 onlor .ald condemnallon on .uch wrll. 20, Risk of Loss, LESSEE shali bear Iho enlire risk 01 loss. Ihell or deslrucllon or damage ollho Equlpmonl or any 110m Ihoreol Irom any causo whalsoever, No loss or damage 10 Ihe Equipmenl or any parllhereol sholl Impair any obllgallon ollho LESSEE undor Ihl. Loaso which .hall conllnuo In lull force and ellecl. 21, Ownership. No IIl1e or righlln said Equipmenl shall pass 10 Ihe LESSEE excepllhe rig his horoin oxpre..od alld granlod, Plnlo. or olher ma,klng. will be allixed 10 or placed on said Equlpmentlndlcaling Ihallhe LESSOR Is Ihe Irue owner Ihereof and Iho LESSEE wlllnol removo Iha samo Said Equlpmont shall always remain and be deemed personal prope/ly even Ihough all ached 10 really, 22, Lalo Charqo and Inleresl. II LESSEE fails 10 pay when due any rent or olher amounl requlrod horoinlo bo paid 10 LESSOR, LESSEE .hall pay 10 LESSOR 0 servico charge of live (5%) percenl of each inslallmenl or part Ihereollor which sold renl or 01 her amount .hall bo dollnquont. or lOll (S to,oo) dollars, whichever Is grealer plus inleresl on such delinquenl renl or olher omounllrom the due dala Ihereol unlil paid allho maximum /010 allowed by law, 23, ~ For Ihe purpose of Ihis Lease any nolices required 10 be given. shall be given 10 Iho parlle. he.olo In w.lllng and by ~orllllad mall allho address herein sel forlh, or 10 such 01 her addresses as each parly may subslilule by notice 10 Iho olher, which nollco .holl be ellocllvo alIa LESSOn upon 11. receipl by LESSOR and shall be elleclive a. 10 LESSEE when deposited In U,S, Mail duly addressed, po. logo p,epnld 24, Waivers, Tho omissions by the LESSOR al any lime 10 enlorce any delaull or righls reserved 10 it or 10 'eqlllre porlormanco 01 any ollho lorm., covenanls, or provisions hereol by Ihe LESSEE al any time designaled. shall nol be a waiver of any such delnull or righlln which IlIe lESSOn Is enlllled, nor shall it in any way ellect Ihe right ollhe lESSOR to enforce such provisions Ihereoller The LESSOn mny exerc'se all'omod,o. sunullanollusly. pursllanllo Ihe lerms hereol, and any such aclion shallnol operale 10 release Ihe LESSEE unlillhe lullomounl ollho ronlnls duo nnlf 10 1I0como duo and nli nlhor sum.lo be paid hereunder shali have been paid In cash, 25, Filinq, LESSEE agrees 10 execule any inslrumenl necessary 10 IIling or recording Ihls ogreernenlllpnn .equa.II""n I.f r.SOfl I E SSOfl nnlf LE SSE E agree thai a carbon, photographic or other reproduction 01 t11i~ t "i't,;e may be filed as a linal1cing slnlemrnl and ,hall hn I\ttltlclfllll n'l It fmAncif1g slntcnmnt under Ihe Unilorm Commercial Code, 26. Time. Time is of the essence in this Lease and each and ;'to ,..1 its provisions ...--- 7.7, Lease Effective, This Lease shall not become effeclive unt" and as 01 Ihe dale accepted by LESSOR. LESSEE agrees thallhe venue 0/ any su,t Or a.sli" lnI!ed on this Lease shall be In Lancaster County wh'Ch 's LESSOR'S pnnclpal place 01 bus,ness, 28. PennSVlvania Law 10 AODlv, This Lease shall be cDnSlrued urtder and r" accordance w'th lhe laws of 'he Commonweallh 0/ PennsylvanIa, , 29, Parties BOUnd, This Lease shall be binding upon and inure to the benelit 01 'he parties herelo and their respective herrs. executors. administrators, legal representatives, Successors and assigns, II there be more lhan one LESSEE named in 'his Lease, the liab,lity of each shall be joint and several. 30, LeQal Construction, II anyone or moreo/the provisions contained in this Lease shall for any reason beheld to be invalid, illegal orunentorceable In any respect. SUCh Invalldily, illegality, orunentorceability shall not affect any other provision hereo' and this Leaseshall be constrUed as iI such invalid, illegal Jr unenforceable provision had nbver been contained herein. 31, No Offset. This Lease Is a net Lease and all of LESSEE'S obllgalions under this Lease shall be paid and perlormed by LESSEE irrespeclive or any selol/, :ounterclaim, recoupment, delense or other right which LESSEE may have against LESSOR, the supplier of the Equipmenl or any other person. 32. No Third Partv Beneficiary. LESSOR and LESSEE agree lhat this Lease is not intended to benefit any person or enllty not a signatory herelo. 33, Additional Documents. LESSEE authorizes LESSOR as ils attorney-in-fact to execute and file on behall of LESSEE any and all documenls leCeSsary or desirable to establish or give nolice Of the In Ie rest Of LESSOR in the Equipment or this Lease, inClUding but not limited to, linancing and :ontinualion statements, as LESSOR shall deem necessary, The filing cOSls lhereol shall be the obligalion or LESSEE and LESSEE shall pay the same to .ESSOR as Additional Rent upon demand, 34, Entire AQreement. No promises, warranties. representations. guarantees or other agreements. eilher expressed or Implied. have been given by eilher Jarty to the other. w,th respect to this Lease or to the leased Equipment. except as contained herein, This Lease contains the enlire agreement belween the arties herelo with respect to the leaSed Equipmenl. Accep/ed: In Lancasler County, Pennsylvania. SUSDUEBANC LEASE CO,. LESSOR By -<5".".... ~, 4- -A./l.~ - Jate ~'> - '" ~ 19 1'(7 IN WITNESS WHEREOF THE LESSEE HAS HEREIlY EXECUTED THIS NON.CANCELLApLE LEASE FOR TERM INDICATED ABOVE. BY(X'/...e:~ .?~/l.~z~. -"""'l(/TIt'/./"!&/lc,... . ~ - lSeal1 By (X) Tille ISUI) THE ABOVE SIGNED AFFIRMS THAT HE/SHE IS DULY AUTHORIZED CORPORA TE OFFICER. PARTNER OR PROPRIETOR OF THE ABOVE NAMED LESSEE. AND HAS THE AUTHORITY TO EXECUTE THIS LEASE ON ITS BEHALF, CERTIFICATE OF ACKNOWLEDGEMENT AND ACCEPTANCE OF LEASED EQUIPMENT AND INSURANCE 'he undersigned. LESSEE Under the aboveLeaseAgreemen" hereby aCknOwledges receipt and gOOd condition of all the ilems described above and haVing 'mined lhe EqUipment. Its parts and accessories. further aCknOwledges being complelely satisfied with its delivery and installallonand herebycertilies that LESSOR has fully and salisfacto"'y performed all covenanls and conditions to be perlormed by it under the above Lease Agreement. The undersigned ,SEE aCknOwledges wilh lull understanding that the above described Lease is NON-CANCELLABLE for any reason for the lerm indica led and aCCOrding he terms and prov,slons lhereof recognizes and agrees that the LESSOR HAS NO RESPONSIBILITY AS TO SATISFACTION. PERFORMANCE OR INTENANCE of the Equipment leased therein, By this aCknOWledgement LESSEE authorizes LESSOR to make payments to the SUPPller(s) of the "pment deSCribed in the above relerenCed Lease. URTHER. LESSEE agrees 10 obtain insurance Coverage on lhe leased Equipment upon the terms and in amounts salis factory 10 LESSOR as spec'/iecl in 19raph No. 11, and will provide LESSOR with a certll/cate of insurance as LOSS PAYEE w,'hin thirty (30) days 01 receipt 01 the leaSed EqUlpmenl, J 5/7t-n~/1 . c _ Dlte ot Acceptlllte By (X)'/ ~4!..c.lf6< /L:f"l...U '-i1. Till~c...l~~ . . IS-ai' ~M Ti~ ISea,) ~reenfield Road LaD~a.ter. PA 17602 s...,w,an/fffy'- CD. ~ , (717) 392-0641 In PA (800) 422-3262 FAX (717) 393-6269 S C H E 0 U L E "A" Schedule of leased equipment leased by ~C LEASE 00. Unto Robert A, Warner, Jr. T/A Fisherman's Catch Seafood Markets 814 W, High Street Carlisle, PA 17013 10 day of Seotember , 19 Jm... Of By lease dated the and numbered 10168 (Include quantity, item name, model number, and serial number) 1 1 1 1 1 1 1 1 1 1 Olson 10' sls Hood with Fire System Vulcan Salamander Vulcan 36LC Six-Burner Range with Convection OVen Bakers Pride Charbroi1er Advance 24" x 30" sls Table Advance 24" x 60" Prep Table Eagle Hand Wash Sink Metro Shelf Unit Duke 303 Steam Table Glenco ALA40F Two-Door Refrigerator . IH TBB COURT O~ COHKOH PLEAS O~ CUMBBRLAND COUNTY, PBNNSYLVARIA z SUSQUBBARC LEASB COMPARY, z Ho, Plaintiff, z z z civil Aotion - Law v, I z ROBBRT A. WAlUlBR, JR., z TO TBB PROTHOHOTARYz Individually and T/A z ~ISBBRIIAIIIS CATCH SBAJ'OOD I KARDTS, Defendant, AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF YORK Before me, a Notary Public in and for said Commonwealth and County, personally appeared Charles B, Calkins, Esquire, of the law firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, who being duly sworn according to law deposes and says that to the best of his knowledge, information and belief, the most current address for the Defendant is as follows: Robert A, Warner, Jr. 814 W, High Street Carlisle, PA 17013 / 11 f (0 \ \ \/ Ch Esquire Sworn and subscribed ~fNot~hiS to before me ~ ' day , 1994. .. '.. .. . ~ . .' , '.' .... ..... ,,: .... . .';". ,. " OFFICE OF THE PROTHONOTARY Of Cumberland County Lawrence E, Welker Prothonotary Telephone (717) 240-6195 cumberland County Court House Three South Hanover Street Carlisle, PA 17013 TO: ROBERT A, WARNER, JR, 814 W, HIGH STREET CARLISLE, PA 17013 Date: May 5, 1994 No RE: SUSQUEBANC LEASE COMPANY, Plaintiff VS: ROBERT A. WARNER, JR., Individually and T/A FISHERMAN'S CATCH SEAFOOD MARKETS, Defendant Notice is ~d matt~r l.. k. ltc, Iqr; given that Judgment by Confession in the above has been entered against you on Lawrence E, Welker PROTHQNOTARY OF C RLAND COUNTY BY I \. If you have any questions concerning the above case, please contact: CHARLES B. CALKINS. ESOUIRE Attorney or Filing Party GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Address 110 South Northern Wav York. FA 17402 Telephone # 717-757-7602 jlm/19JF D .... , ' , ~ ,<::> I a' ej '~\ . .. a -.:r" >-,. 'v.....'" ~ ~ 1< i en _. ..- - Cf \<) " ~ i :: :c 1--....: ..... 11,"' "=. 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