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Home My WebLink About01-2394 FX , I <- . , - I.: ~ - ,-t'~, _'~H utjl~rfl.ir: -- .. , ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORIGINAL THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. OI-~'1r e'u~CT~ SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (717)249-3166 (800) 990-9108 ".. " " .' ~" ,,,J',,_"__,., I'~ " , , ~ " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01- :2 3 9'f Cv;J ~ SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED NOTICIA Le han deIllandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomra medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propriedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTK SI NO IlENE ABOGADO 0 SI NO IlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIA IlON 2 Liberty Ave, Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ,', 'b: ,'ii - ,-'"" ,-".' f til:!"",~~': '" . , L . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 0/-:2 39'/ ~ -r~ SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, this 20th day of April 2001, comes the Plaintiff, The Fairville Company, L.P., by and through its attorneys Balaban and Balaban, and files this Complaint against the Defendants, Shaull Equipment and Supply Company, Deborah Smigelsky and Brian Fitch, and in support thereof avers as follows: 1. Plaintiff The Fairville Company, L.P. is a Pennsylvania Limited Partnership with its principal place of business located at 10 Hillman Drive, Suite 104, Chadds Ford, P A 19317 (hereinafter "Plaintiff' or "Fairville"). 2. Defendant Shaull Equipment and Supply Company is a Pennsylvania corporation with its principal offices located at 1 00 Market Street, Lemoyne, Cumberland County, Pennsylvania (hereinafter, "Defendant Shaull"). ~, " . _'_J " <. ; ~ 3. Defendant Deborah Smigelsky is an adult individual, who formerly resided at 4551 Sequioa Road, Harrisburg, Dauphin County, Pennsylvania; and upon information and belief, currently resides at 448 Tanglewood Lane, Dallastown, York County, pennsylvania (hereinafter "Defendant Smigel sky''), 4, Defendant Brian Fitch is an adult individual, who, upon information and belief, resides at 448 Tanglewood Lane, Dallastown, York County, Pennsylvania (hereinafter, "Defendant Fitch"), 5. Defendant Fitch at all times was an employee of Defendant Shaull, duly authorized to act on behalf of and represent Defendant Shaull, 6. The amount in controversy exceeds Twenty-Five Thousand and No/I 00 ($25,000,00) Dollars which places it outside the limits for compulsory arbitration. BACKGROUND 7, On or about May 18,2000, Fairville received a copy of a Customer Order from Defendant Shaull completed by its employee, Defendant Fitch, representing an agreement for the purchase of an Ingersoll Rand 600 CFM Compressor with Sprayer set up by Defendant Smigelsky at a price of Twenty-Five Thousand Nine Hundred and No/100 ($25,900,00) Dollars and reflecting down payments in the amount of 2 :Wl\lIlli!lll,'!- , c......"L ",,1-. ~'.- " i, ~ Two Thousand Eight and 8011 00 ($2,080,80) Dollars and a trade-in of a lawn tractor for a credit of Five Thousand Seven Hundred Thirteen and No/IOO ($5,713,00) Dollars. A true and correct copy of May 16,2000 Customer Order is attached hereto, made a part hereof and marked as Exhibit" A" . 8, On May 18, 2000, Defendant Smigelsky executed both a notarized Security Agreement (NOTE) (the "Security Agreement") and a notarized Guaranty (the "Guaranty") in favor ofFairville in the amount of Twenty-One Thousand and Noll 00 ($21,000,00) Dollars. True and correct copies of the May 18, 2000 Security Agreement (NOTE) and the May 18,2000 Guaranty are collectively attached hereto, made a part hereof and marked as Exhibit "B". 9. The Security Agreement included within its terms the conveyance of a security interest to Fairville by Defendant Smigelsky in equipment quantified and described as an Ingersoll Rand 600CFM compressor w/Sprayer Setup & Tank; Serial No. HR17396 (the "Equipment"). (See, Exhibit "B"), 1 0, On May 18, 2000, Defendant Smigelsky executed a notarized Power of Attorney in favor of Fairville (the "Power of Attorney") authorizing Fairville to sign any Certificates of Ownership issued by Motor Vehicle agencies relative to the Equipment. A true and correct copy of the May 18, 2000 Power of Attorney is attached hereto, made a part hereof and marked as Exhibit "e". 3 il~rlIM. , ", ro- " -,J"".",I, ,,!>.e_ ^i!i-":.i . '- II. Defendant Smigelsky further provided Fairville with an executed Loss Payee Insurance Authorization relative to the Equipment (the "Insurance Authorization"), A true and correct copy of the Insurance Authorization is attached hereto, made a part hereof and marked as Exhibit "D", 12, On and around May 18,2000, Fairville understood through representations made by Defendant Shaull's employee, Defendant Fitch, that Fairville's financing of the Equipment was part of a purchase of said Equipment by Defendant Smigelsky through Defendant Shaull and that Defendant Shaull's employee, Defendant Fitch, was the salesperson or broker responsible for the sale and for arranging the financing with Fairville, 13. On and around May 18,2000, Fairville understood through representations made by Defendant Shaull's employee, Defendant Fitch, that the total purchase price for the Equipment was to be Twenty-Five Thousand Nine Hundred and No/IOO ($25,900.00) Dollars (the "Total Purchase Price"). 14, On and around May 18,2000, Fairville understood through representations made by Defendant Shaull's employee, Defendant Fitch, that Defendant Smigelsky made a down payment toward the Total Purchase Price in the amount of Two Thousand and No/IOO ($2,000.00) Dollars by check and Eighty and 80/1 00 ($80.80) in cash (the "Down Payment"), A true and correct copy of Deborah Smigelsky's April 7, 2000 check, No, 536, drawn in the amount of Two Thousand and No/IOO ($2,000.00) 4 ~.. _ L_ _ ~ ~ -1.l,",.;,:. ' ""'~'i"' . , ~ Dollars and made payable to Defendapt Shaull is attached hereto, made a part hereof and marked as Exhibit "E". 15. Upon information and belief Defendant Smigelsky's check, No. 536 (Exhibit "E"), was not deposited and was held by Defendant Shaull until Defendant Shaull received Fairville's check on or about May 19, 2001 as is more fully described in paragraph 19 hereof. 16. On and around May 18,2000, Fairville understood through representations made by Defendant Shaull's employee, Defendant Fitch, that Defendant Smigelsky traded in a lawn tractor for credit in the amount of Five Thousand Seven Hundred Thirteen and No/100 ($5,713,00) Dollars against the Total Purchase Price (the "Trade-In"), 17. Upon information and belief the lawn tractorreferenced in paragraph 16 hereof never existed, 18, After deductions for Defendant Smigelsky's Down Payment and Trade-In, the amount financed through Fairville was reduced to Twenty-One Thousand and no/1 00 ($21,000,00) Dollars (the "Financed Amount"); and a credit in the amount of Two Thousand Four Hundred Ninety-Four and 80/100 ($2,494,80) Dollars for three payments on the Security Agreement and Three Hundred Ninety-Nine and 00/100 ($399,00) Dollars for document fees was given to Defendant Smigelsky; and the 5 ~ ~ , ," '. ~ilri'~ ~ amount issued to Defendant Shaull by Fairville to complete the financing was Eighteen Thousand One Hundred Six and 20/100 ($18,106.20) Dollars. 19. On May 19,2000, Fairville issued its check, No, 5555, in the amount of Eighteen Thousand One Hundred Six and 20/100 ($18,106.20) Dollars and made payable to Defendant Shaull to cover the balance of the Total Purchase Price for the Equipment A true and correct copy of Fairville's May 19,2000 check, No, 5555, is attached hereto, made a part hereof and marked as Exhibit "F". 20, Upon information and belief, Fairville's check, No, 5555, was indorsed with the names "Lester W, Ginanni" and "Deborah Smigelsky"; and deposited in Defendant Shaull's account with Allfirst Bank See, Exhibit "F". 21, Fairville's check, No, 5555, was issued on behalf of Defendant Smigelsky in consideration for her execution of the Security Agreement and Guaranty and her promise therein to repay Fairville the amount of Twenty-Nine Thousand Nine Hundred Thirty-Seven and 60/100 ($29,937.60) Dollars (the "Indebtedness") over a period of Thirty-Six (36) months. See, Exhibit "B". 22, The Indebtedness was reduced to Twenty-Seven Thousand Forty-Three and 80/1 00 ($27,043.80) Dollars through the application of the credits referenced in paragraph 14 hereof. 6 " . .. 23. Upon information and belief, Defendant Shaull failed to apply the money received from Fairville's check, No. 5555, to the purchase of any item offered for sale by Defendant Shaull through the ordinary course of its business as an equipment supply company, 24, On May 19,2000, Defendant Shaull issued its check, No. 062741, in the amount of Eighteen Thousand One Hundred Six and 20/100 ($18,106.20) Dollars and made payable to Defendant Smigelsky, Upon information and belief, check, No, 062741, was signed by Defendant Shaull's employee Lester W, Ginanni; indorsed with the name "Deborah Smigelsky"; and deposited in Defendant Smigelsky's account with PNC Banle A true and correct copy of Defendant Shaull's May 19,2000 check, No, 062741, is attached hereto, made a part hereof and marked as Exhibit "G". 25, Between June 30, 2000 and October 16, 2000, Fairville received four (4) payments totaling Three Thousand Eight Hundred Nine and 56/l00 ($3,809.56) Dollars from Defendant Smigelsky toward satisfaction of the Indebtedness, reducing the outstanding balance to Twenty-Three Thousand Two Hundred Thirty-Four and 24/100 ($23,234.24) Dollars, 26, Since October 16, 2000, Defendant Smigelsky has failed in her obligation to make payments on the outstanding balance of the Indebtedness, despite demands by Fairville for payment. 7 '00'-:_-' -.-:~- ""fr'-'; L'L 1 ' 1_" _ ~ -. ,~ ~-,,", '__L, ,--, ,,"'-i"",,~:,~~ "" ,-~;- # 27, Since October 16, 2000, payments due under the Security Agreement have been in arrears. 28, The Security Agreement provides for the assessment of a ten percent (10%) late charge for payments in arrears. See, Exhibit "B", 29. Paragraph F of the Statement of Additional Covenants to the Security Agreement, provides that the agreement shall be in default should the debtor fail to make payments when due, See, Exhibit "B", 30. Paragraph G of the Statement of Additional Covenants to the Security Agreement provides for the acceleration of all payments upon an event of default. See, Exhibit "B". 3 L Since October 16, 2000, Defendant Smigelsky has defaulted in her obligation to make payments under the terms of the Security Agreement. 32. By letter, dated January 25, 2001, Fairville was notified by Defendant Smige1sky's then attorney, Jackie 1. DeArmond, of the apparent theft of the Equipment by an individual named Jean (last name unknown), A true and correct copy of Attorney DeArmond's January 25, 2001 letter is attached hereto, made a part hereof and marked as Exhibit "H". 8 ~ 1 ,~~ ._1+." _"~ - ~-'[~i!>~"-. ~ 33, In reliance upon Attorney DeArmond's January 25, 200 I letter, on January 31, 200 I, Fairville as the loss payee on Defendant Smigelsky's Insurance Authorization (see, Exhibit "D"), through its attorney, Michael V, Brown, filed a claim with Millers Capital Insurance Company for the outstanding balance of the Financed Amount, together with accrued interest (the "Insurance Claim"). A true and correct copy of Michael V. Brown's January 31, 2001 claim letter and attachments, including the Certificate of Property Insurance, is collectively attached hereto, made a part hereof and marked as Exhibit "I", 34. Upon information and belief, the Equipment never existed. 35, The Ingersoll-Rand Corporation did not manufacture any 600CFM compressor w/Sprayer Setup & Tank with Serial No. HR17396, A true and correct copy of Ingersoll Rand's April 6, 2001 correspondence to Fairville's counsel representing its failure to recognize "HRI7396" as a valid serial number is attached hereto, made a part hereof and marked as Exhibit" J" , 36. The Insurance Claim has never been paid, 37, As of the date of this Complaint the Indebtedness outstanding under the Security Agreement, inclusive of late fees, is Twenty-Five Thousand Five Hundred Fifty- Seven and 66/1 00 ($25,557.66) Dollars. 9 ._- . . ,,-,.; < , COUNT I - BREACH OF CONTRACT The Fairville Comuanv. L.P. v. Deborah Smie:elsky 38, Paragraphs 1 through 37 of the Complaint are incorporated herein as if set forth in their entirety, 39, Defendant Smigelsky is in breach of her obligations to Fairville as set forth under the terms of the Security Agreement. See, Exhibit "B". 40, Paragraph G of the Statement of Additional Covenants to the Security Agreement provides for the recovery of the costs of litigation and attorney fees incurred to enforce the Security Agreement, See, Exhibit "B", 41, Paragraph 2 of the Guaranty provides for the recovery of the costs of litigation and attorney fees incurred to enforce the Security Agreement. See, Exhibit "B", WHEREFORE, Plaintiff. The Fairville Company, L.P, requests this honorable Court to enter judgment in its favor and against Defendant Deborah Smigelsky and to award damages to Plaintiff in the amount of Twenty-Five Thousand Five Hundred Fifty-Seven and 66/1 00 ($25,557,66) Dollars, together with costs of suit, attorney fees, interest and such other and further relief as the Court may deem appropriate. 10 - .. ..; c' ~ _.;_ ,,~,~~ , ;_" , ir.~! COUNT II - FRAUD AND MISREPRESENTATION The Fairville Comnanv. L.P. v. Shaull Equipment and Sunplv Comnanv. Deborah Smi!!:elskv. and Brian Fitch. iointlv and severally 42. Paragraphs I through 41 of the Complaint are incorporated herein as if set forth in their entirety. 43, Pursuant to the maxim Respondeat Superior, Defendant Shaull is responsible for the tortious conduct of its employee, Defendant Fitch, 44. Defendant Shaull through its employee, Defendant Fitch, wilfully and falsely represented to Fairville that it was legitimately entering into the transaction detailed hereinabove with Defendant Smigelsky. 45. Defendant Smigelsky and Defendant Fitch intended to cause Fairville to believe, to its detriment, that Defendant Smigelsky was legitimately entering into transaction detailed hereinabove with Defendant Shaull in order secure financing for Defendant Smigelsky through FairVille, even though Defendants Smigelsky and Fitch knew that the purported transaction was false. 46, Defendants Smigelsky and Fitch knew that the Equipment did not exist. 47, Defendant Shaull knew or should have known that the Equipment did not exist. 11 '" 'I' , ~ . Ljill~il!l.'}'i . 48, Defendant Shaull, through its employee, Defendant Fitch, knew or should have known that the Equipment did not exist 49. Defendants wilfully and knowingly provided Fairville with a false serial number for the Equipment and thereby defeated Fairville's ability to file a valid UCC-l and thereby prefect its security interest identified in the Security Agreement and Guaranty (Exhibit" Af'), 50, Defendants Smigelsky and Fitch knew that the Trade-In did not exist 51. Defendant Shaull knew or should have known that the Trade-In did not exist 52, Defendant Shaull, through its employee, Defendant Fitch, knew or should have known that the Trade-In did not exist 53, Fairville justifiably relied, to its detriment, upon the false representations made by Defendant Smigelsky, 54. Fairville justifiably relied, to its detriment, upon the false representations made by Defendant Fitch, 55, Fairville justifiably relied, to its detriment, upon the false representations made by Defendant Shaull through its employee, Defendant Fitch. 12 ., , '.'. '-, '."1;.(;,; "5- , ..,' . 56, Defendant Shaull profited from its fraudulent conduct by at least Two Thousand and No/lOO ($2,000.00) Dollars. See, Exhibit "E". 57. As a direct consequence of the fraudulent conduct of Defendant Smigelsky, Fairville has suffered financial losses, inclusive oflost profits, in the amount of Twenty-Five Thousand Five Hundred Fifty-Seven and 66/100 ($25,557,66) Dollars, 58, As a direct consequence of the fraudulent conduct of Defendant Fitch, Fairville has suffered fmanciallosses, inclusive of lost profits, in the amount of Twenty-Five Thousand Five Hundred Fifty-Seven and 66/100 ($25,557.66) Dollars, 59. As a direct consequence ofthe fraudulent conduct of Defendant Shaull, Fairville has suffered financial losses, inclusive of lost profits, in the amount of Twenty-Five Thousand Five Hundred Fifty-Seven and 66/100 ($25,557,66) Dollars. 60. But for the wilful and wanton fraudulent conduct ofthe Defendants, Fairville would not have financed the purchase of the Equipment. 61, The fraudulent and deceitful conduct of the Defendants as set forth hereinabove demonstrates a wholly wanton disregard for the rights of others thereby justifying an award of punitive damages, 13 ^- ~ ~" I',. .-J_ ;-, ._v ~~'IlM:t."".,- WHEREFORE Plaintiff, The Fairville Company, L.P. requests this honorable Court to enter judgment in its favor and against Defendants Shaull Equipment and Supply Company, Deborah Smigelsky, and Brian Fitch, jointly and severally, and to award damages to Plaintiff in the amount ofTwenty-Five Thousand Five Hundred Fifty-Seven and 66/1 00 ($25,557.66) Dollars, together with punitive damages, costs of suit, attorney fees, interest and such other and further relief as the Court may deem appropriate. COUNT III - CONSPIRACY The Fairville Comoanv. L.P. v. Shaull Eouioment and SU{lply Comoanv. Deborah Smil!elskv. and Brian Fitch. iointlv and severallv 62. Paragraphs 1 through 61 of the Complaint are incorporated herein as if set forth in their entirety. 63. Under Pennsylvania law, a cause of action for conspiracy requires a combination of two or more persons acting with a common purpose to do an unlawful act or to do a lawful act by unlawful means or for an unlawful purpose. 64. The facts set forth in this Complaint support an inference of combination and intent on the part of the Defendants to defraud Fairville. 65. Defendants Shaull, Smigelsky and Fitch well knowing ofthe matters complained of in this Complaint and intending to injure Fairville did overtly, unlawfully, wickedly and maliciously conspire and agree together to injure Fairville and to deprive Fairville of monetary funds by causing Fairville to believe that the Defendants were 14 ..._n" ',,"' 'J"d_ , "". - ,; ,-'. "1 j' ; "" "i '-. . ~, ,- \-f engaging in a legitimate equipment purchase and sale which required Fairville to provide financing, 66. Because of Defendants conspiracy and resulting fraudulent conduct, Fairville has suffered financial losses in the amount of Twenty-Five Thousand Five Hundred Fifty-Seven and 66/100 ($25,557.66) Dollars, WHEREFORE Plaintiff, The Fairville Company, LP, requests this honorable Court to enter judgment in its favor and against Defendants Shaull Equipment and Supply Company, Deborah Smigelsky, and Brian Fitch, jointly and severally, and to award damages to Plaintiff in the amount ofTwenty-Five Thousand Five Hundred Fifty-Seven and 66/1 00 ($25,557.66) Dollars, together with punitive damages, costs of suit, attorney fees, interest and such other and further relief as the Court may deem appropriate, Respectfully submitted, By: 'lliam R. ,D, #1933 Michael V. Brown, Esquire !.D. #79984 Balaban and Balaban 27 N, Front Street P.O, Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 (voice) (717) 233-4264 (facsimile) attorneys@balabanlaw.com Date: April 20, 2001 15 ","",,,",'" "' ~~" "- ~" , '.J.~ "l-j~ " _<"" .,";"L,:, FILE No. 754 04/l2 '01 ~6:05 ID:BALABAN & BALABAN 717 233 4264 PAGE 2 .', VERIFICATION I., t~,~<, G;\'-Jv-S . a partner of The Fa.irvilJe Company, L.P., hereby state, subject to the penalties of 18 Pa. e.s. *4904 relating to unsworn falsification to authorities, that I am authorized to make this verification, tlnd that the facts set forth in the foregoing attached Complaint are true and correct to the best of my knowledge, information and belief, Dated: JULIE ANN PINDER NOTARY PUBliC-DELAWARE NEW CASTLE COUNTY MEMBER, AMERICAN SOCI~ NOTARIES MY COMMISSION EXPIRES. ~3 ",;;-.....---O;"''O;;iiiIi~-''- --. 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'rJL8 leU,cr JIl~U 110 'W-.rr""a~ ",bate"," ill raA..a LO lme aKelllort", ."t dl.,crl~ 1IetOOD. Bach bel_,1 .~~jacL to tbe warrant,. ot ~beJr ~a:,~e\l1'8 m&.tlQf.~tu.N1'.. .1Id tbo nllor'. 'II'..rrallt)' 4081' Dot obU&'.tt, it. to bear'tb.o QOJ,l or labor la replllc:emtlDL of 4er01ltty.- ..,ott.. I. Tbo purclo..... Blr1ieo that 1IlI' .w. -"all a.1 b. COllAtO""'"d.. hI' him. aad 1II0t wb.. III. ....pleclll wl\l COTor .U &sreemeJltB ti.tween: lll,,,:,:-pmlo,' Jel&tlYe '10 lb... u....u.etlo.., and th.at tlle Al1l1r 'I lloL bound b,. anT rep....n.,.....OD.1 or terma made bY au,. qent rD~~"1 La lblB tra,'DlaaloD _hleh are Aol. .Dl.b04Jed bere'a. SHAULL EQUIPMENT & SUPP~ y CO. Accopl'04 tbll!l da,. or 19 Br~a~~e:j, PBr."..r?"'1 '/ 5 J S; Dr c. II"""! WltDG88 A"""oe 0"7 ...r 1S~' ill fI} COlll1t.y Saleilman ,....- SI"! 01/30 '01 18:03 ,~,...=~~~' .~- " ~ "\lI-' ~-~ jr~ ....-.-, "' ; I.,.:...; 1 '< ,~ '-'""""~<;"*__'-, 01/30/01 TUB 18:4t FAl 610 SS8 4882 FAIRVILLE COMPANY LP-THE IaJ 008/013 Tlra F"irvilla Co_an.. LP. Not. Numb.r: 7122528001 100 Dickinson Driv., Suite 114, Chaddsl'ord, PA 19317 s..urity J\groom....t (NOTE) - TH~S SECURITY ~GltEEMENT (NOn) (the "A8""'ment") is dated as of 6 -Ill -(){) , and II Olllered into by and between, D.borah Smlgelsky ("Debtor') lUld THE FAIRVlLLE COMPANY, LoP. ("Secured Par1y") of Chadd. Ford, Pennsyl...ia In collSideration of Scwted PllI1;y's advance of $21,000.00 to or on bebaIf of Debtor, Debtor promises to absolutely II: unconditionally (jointly &: .evcrally ifmore thon on~ D.btor) pay S.cured Party (pleas. s.. paymeat ..bedulo below). Ad..... pa)lllleDts of 5.'1,494.80 paid at th. sisning of the t.Jr-COm..~t ""'.'0 be """loed to the first (1) and Illl;t (2) ,month (s) of the conltlloL Payments an: due lllanlbly bcgiililin,;; 91 advance On the date Coltmral i. OGCejiled 'Dd on lI',. firs! day of =h ,uoDlli il'uea!ler for CollalCnll 'aec.pt:<! On the Is! through the 1Sth of the mOnlh Or Oil iii. lltteenu. of e..h month for Collateral aoceplod after lbe 15th lIuougll dl. last day ofth.lItOIt/b, PllymCIltS shall b. mad. '0 The ....iJviU. Company, P.O. Box 77804337,Phila.,.PA 19182-4337orlllSllchad'CfaddrcssusdircctedbYSecuredPatlr. , '" II Parmeals I 33 2 I"nquea.y Moathly Monthly MODlllly Am.unt S83l.1iO 5831.60 S83L1iO J\dvanee Yes Yes Yes . lJebtor hereby aclmowlcdseslbat full contractual ObUgationunder Ibis ^\lICCIIlcnt sball COll1mcn<:e ill1llledial.1y \lpOIl i1s ~Iance by Secured Party in ils PCIlJIS)'lvlIRi. off,.. by its payment'" Ibe vendor/SlIpplier, for the equipmCtlt in qllestiOG, Oacc payment is,made on any ~io. oflbe COSlIO Ibe vcnd.r/SIIppller by Sec...d Party, Debtor IIOlmowl.dges their responslbilily 10 co......... full timely paym.1lls os provided h....i.. !Jebt.r waiv.. aay - .r coatracl .bligatl.a ba..d lIpoa eqllipmeal delivery .r nOOodelivery, condition, StIitabUlty aadl.r o....ilabllity. Secured 'orty makes n. clalms.r wal'l'lllrties regaroial the equipment nor its' delivery, no tbio Ap-ccment aIIall' remain in full f.ree despite aay pr.ble... which lIIay ar"e with clther lbe subject equip..e.t or tbe v.nd.rlluppli.r. rcDebtor cha....1O prepay this Agrccmea~ Ibc prepayment ....ount shall be calculalod by c1iscoualing the remaining paymcnlS due to th.ir present value at a tlIle of 6% per y.ar. In the ev.." aoy payment due hereunder is more lhaIllln (I 0) days in ......... the Seewed Party may colleclliom the Debtor alate: charg., said charge te be equal.to ten percent (10%) of the paymenl(s) in ....... or die maximum amount petilIissible by law, if I.... Debtor hereby agrees t. regist.r ony oo-tbe-road Collateral wilh !be MOtor VeIticIe.I Departm01lt w1lbln 30 daYI .ftbe date .fthi. Allreemcat Iilliag Secu_ party... Fint Lieaholder aad having laid Tille forwarded loSee"""', 'arty.Failure to provide solblact.ry proor ofregiltrati.D aad proor.f wura... may e...titute an eyeat.f default,...ultiag In rep._.. of the coUateral by s..:ured Porty, ia its 1.1. diKretlon, aad will...ult in tbe lmpO&iuo. .f penalty fees ot a rate .r 55.00 per day. Debtor hereby grants to Secured Patty alCCllrity inTllleSl in the following equipmCtlt C'Colllllcral"): VENDOR SbauD Equipmeat 'QUANT11'YIDESClUl'TION lager..lt Road 600CFM comp......r wlSprayer Setup II: Taak SorialllHtUm, to l<:Curc lb. payment lIIld pcrfaftnllDCC ofall ab..lute IIDd all contiagenl oblJslllioas lIAd liabilities of Debtor to Secured Party, .r to any assignee of Secured PIlI1;y, a.wexistlng '" hcreof\er arising. wbcthet lInder this Agree~t or any other ogmrnenl,and whelbet due directly or by assigamen~ provided, however, upoa any asSillmnenl nfthis Agreement by SeClll'Cd Party,the assigaee shall bo deedted for the purpose afthL. paragraph the only party with a s.curity iatcn:.sl in the CoJIaICral. Statement .r Additional C.venants A. Debtor warrants and llgfCCS 1hal; the Collatcral will be UlOd .oleIy for busiae.s pUljlascs; the CollaIeraIls lice Uom and will be b:pt free from all liens claims, $OCIII'ity il1lerCst& and cncwnblanoes nth... !ban lhaI....lcd hereby; the CoOalual will b. mainrained in goodopcrating coadition, repair and ap~cc, and will be used lIAd uperared wilb care, only by qllll1ifled pcnonnol in regular eGlltlI. of the Debtors bnsil\CSS and in conformity w/Ib all applicable govemmenlllllaws and regulations; the Colllllcralshal. rcmaln pcrsclnal pIOperty and notlx>:ome any real properly regardless of the III8DI1Cf of aiflXlllian; Secured paI'l1 may inspect lb. Collateral at all reasonable times and UoID lime to lime; and lb. CoUatcral wiD be stored by ~ at Ibe location .et forth it by on lbe face hereof. a. Debtor asrees. /It its own cost and expense; to do evctytblng nccess&Jy or Cllp.dient to pert'cct IIIId prliSOJYC the security interests of Secwed Party obllllned hereunder; to defend any action, pfocceding; to pay all expenses Incwrcd by Secured Party ia cal'areing its rigllts after the OCCll/t'CllCC. of lIA event of default bcreuodcr, illCludiag the ICaSOJloble I1:cs of ~ IlIOmcy rc18inc\I by SeC1lt1ld Paltyj and to pay promptly all taxes, asseSS/l'lCllI$, licease fees and olb... public '" private charges wbcn levied or assessed againSl the CoIlatcra1. C. Debtor shall at all times b.... all risk ofl... oJ; damage to or deslruction ofllte CoUatenoJ. n.btor agre.. to procure forthwith and tDllinl8lo ~ce on lite Collateral, f.r the actual caslI value them>f and for the lir. .f Ibis Agrccmen~ in lite fOnn of Fire Insurmee wltlt Ibe Combiaed Additional Covaag. and C.llisio., Theft and/or Vaadalism and Malicious Mischief Coverage when appropriate, plus such other insurance as Secured Party may spc.ify liom tim.to time, alld ia fa"" IDd amount with insur.... salisfaclol)' 10 Sccurod Part)!, c:acb with. sl8Dclard lo.g fOnn lo...payahl~ cnd~t>Cmcnt namin€; Secured Party or nssigns as loss-payee lIS lbeir in!Ql:st may appear. Each policy shall provide that Secured Party', interest !haem ~J11 D~t be invalidated by the acts, omissi.ns or neglect ofllAyone other tban the Se.ur.d PIDly, IIDd wiD contain insurer'. As_t 10 give 30 day. pIlOr ~Uen .otice 10 Secured Party bcii>re cancellation .f", lI,y malllrial elUmge in the policy will be effi:ctiv. as to Secured PIDly, wheth.r such cancellallon or J 01/30 '01 18:03 01/30/01 TOE 18:47 FAX, 810 558 4882 FAIRVILLE COIlPANY LP-THE ~ 009/013 ~po ,,~...\ 1.\\.<:. o.!.\'l;e:,c.\\on Qr\)~Q[ or ms.~'"e.r. Debtor hereby lWiign:o l.o Sccu.n::;d Party rail proceed:. or any physlcal d~c Jns~lnm.ce, including returned .and uncMmed premiums. up \0 the amognl owing tlU-:Uii~er by Debtor. Debtor dIrccUi aU il'lSu~r to pa)' suc.h ptocCl;:ds directly [0 Secured p:tJ1y. Dl;boor auth4?rizcs Secured llartv to endorse:: Debtor! name to all rcrllltttl~ without the ioindcr of Debtor. _ ' , D. Jf permiUed by Jaw, Debtor agrees thltl carbon, phOlO,craphic lii .'j~her rq>roducliun of this- ASr=mcnt or of a financial S'ftrcmcot may be filed fIJ B. financing sunement. E. If Debtor fails to perfollD any or its: ObUgDtlo~ henundc:r including procur=mcDt of ~uircd insuruncc coverage. Sccw'ed Pan)' may perform the same. but shaU not be obligated to do so. for the ACCOunt of Dcblor to prutect tbe: mtcrcn or Secured JliilJ1y or Debtor or both. at Secured Party"s option. and Debtor .hall immedialely rep.y 10 Sccwcd Piny any llIllOunts pald by Secured Party I. sucb performanc<:, wgcther wilh lnleleSl thereon. F. Time is ofrhe essence. An event ofdcfiwlt shall occur jC: (a) Debtor fails to pay whell due aoy amount owed by Secured Party or to Bny affiliate of secured Party. whether hercunder or undW' any other instrumall or Agreement; (b) Debtor r.ils to 'ponc:m or observe any olhet term Dr provbiOll to be performed or obsC!l'Ved by it hcrctL'1(!e:r or lIrrd~ any oilier !qSIrumcnt or a~nL furnished by Debtor to ScCun:d r'n11y or, to ~ny aIfi!iare oiSc.Ctired Party or orbawisc acquired by Secured Party or My affiliate of Secured Pwty il1cllldipg Debl.or's fail un: to provide satisfactory Il'lSu1lU1CC coverage for lhe CoUatcn.1; (c) Debtor becomes insolvent or ceQ;SCj: to do business as a Koine; conc:l;m; (d) (Ioy of the CoU.t~nal is .seized, levied upon, lost Or destroyed or incurs substandaJ damagej (c) Debtor makes an wigmnenl for the benefit of crcditotS Or lU.cJ IIdvanmla of any taw for the leli~r of deblO1"Sj (I) a pelilion In bankntptcy or for aD ~emcnt. reorganimion. or similat Idlef is rued by or agaiwll:>ebtoc; (J) IUIY proPea1Y of DeblOr i.s atU1Chc;lJ, or iil lrustcc or receiver is appointed for DcblOr or for. substantial part ot Its property, or UebCor applia for such appointment; {h} rher~ shall be & malcrial ch8nge in lhe management,. ownership or control of Debtor; (i) DcblDr falls \0 ma1nta.in the Colla.tetal in gDod condition and repair, or (j) any represenlation or warranty made by Debtor or any Ol,l,Mnnror at affilialc of Dcblo( to Secured Party shaH f1tove to have been fHLsc: or misleading in any malerial aSpeC!' 0_ Upon the OCCWTencc af an event of d~raullJ and rat any time tl1ercaftet liS long as the: default continues. S~ PII1y may, at ifs option, with or without oouce 10 DebLor (i) declare thl.s Ag....m.nl 10 be in default. (il) declare the ind<:btcdncs< herOlJlldcr to be immediat.ly due and payabl<:, (Ui) declan: all other debts Ulen owing by Debtor to Secured PllIty 10 be immedIately due and payable, (iv) cancol any illSUlilne. and credit any refund to the indebtedness, (v) exercise aU of the rightS ond remedies of. Sccur=d Party lJndcr rhe Uniform Cummercial Code and any other applicable law'J including the ri&ht to l'Cquirc Dc:btor to appropriale1y service ( and repair if bcce&saly) and assemble the ColI.tL1craI and deliver i\ to Sccw'ed Party at a place to be designated by Secured party which ill reasoaobly coovcnictd lo bod. parties, IU1d to lD.wfully cntct .ny premises where thi;; CoUateral may be without notice or demand and wilhout Judicial process and lake pogession of any cr all i(.emS Qf Collateral whete....er 5mlC may be located without liabiUty EO Debtor for lrc;.;pa:u Dr other damages" llld (vi) sellll1e: CoIJar:crat at a publie or priv.tc sale DQd apply aU sums rcocivcd ftOm or on accol.lnl of the Collateral in such order and manner as Sccur~ Party in its: 50lc discretion dcteMlines. Ac;celeration of .ny and all indcbtexlnc;ss. if so clc:clcd by Secured Party, .....11 be subjccllO .11 applicable law. includina lbo", perlaining to refuods and rob.... of uncame<! churlles, Any propcny o<her lban Collateral Which is in or upon LIlc Collateral it (he; time of "possession may be: lI'kcn Illd held without liabilily unnl its rclUM i$ rcquesl:cd by Debtor. Unless othawisc provided by Jaw, any rCijuircmeau of reasonabJe notice which Sccuced PArty may be oblia:ated to Ilve rcprding the suk: or olher disposition of CoUa(CfIII will be met if such noUce is _nailed ro J::)dJlor II il$ addrC$$ m.own herein JII: I(:M[ ten days bCfore tlie time of we Or o~her disposition_ Sccnre<t l'llIty may buy at any .ale nn<I become Owner ofConatcrol_ Debtor aa=s thllt Sccnred Party may brinllany 1~1 proceeding. it deems Dc::cc;s:5ary tD Alforce the payment and pedorm;ncr;: of Debwr's obligation hereunder. Pcbcor U ablJgated to pay reasonable IceaVallomey fc:c;s incurred by Secured Party in enforcement of this A.irt:Clllent. The: itIclusion cf a trade munc or division Dime iD. lhe id~tlficadOD or Debtor hcrewu;lc;r .b,,1I not limit Secured POlly', righ~ atler lb. oecutrcn.. of an ""enl of defaul~ to proceed ~st all of Deblot', uscu, including tbo.. held or used by Debtor indivld1.ldly or under another trade: or division~. EKpCf1SUll of l'C\.Ikin.a. holdine. prepwinB tor sa1~ seUing and rhc like slulll include (a> tho rcuanable fees or MY attorney. nuincd by Secured Party. and (b) aU o1hcr expCllSOS iQourred by Secured Party. The proc:=d:s from lbe tlispasitlon of the CollaLcral shall be applied in accorc:!1mce with tbe provislol1s of appHCAble law and Debl-or agrees alat it is liable fot and will promptly I*Y nmr dcticicnO)'.. proVided in applicable law, At Secured Party', option, D<:btor m.y reinsllltc lhi, Agreement and red..m Con.tcrat wilhin 10 day> lllIer nod.. of repoSSC3Sion by paying.1I p... due lnslallma1t!i. accrued dcfaull charges, the 0l<p<IlSCS of tcIlII:ing, repairing and storage authorized by Jow, ..d, if rep1cvUl.d by l.pI process, co.1> of .ui~ including reMonablc attorney fccs. IfDeblor docs not reclccm Collalcral wilhin 10- days. Oeblor loses all cllilim to the Collalerat H. eross-Collatel'8Hzalion. As additional collalcn1securilY for Deblor's obligadDOS bercundu. Dclltot hereby &rants to Secured Pany a sccuri.ty lnlerc:.sl il1 All machinery and equipment covered by any olher SOC\lril)' agrccmwt 0( 1=sc bCf.wccn DeblOr and Secured PUJ1.y whether beretorcm:: or hereafter M ""i.tonc<:, and Deblor I<.n:by ..'iallS and ag..... to ....ig. to Secured Party and 10 any assignee oC this Security A&"'=' (!htough Secured Puny) all or its righu. dtle and InJereSt in and to any sUlJllus money to which Debtor may be enritled upon the 9a10 of any machinery llod ~uipmem covered by any such sccurilJl agreement or lauc betw",," Debtor and Secured Party llt between Debtor and any assillDCC of this !iecurily Agm:mcn, (through Secu<ed P.any). Pebtor .grees lh"\ shouiB any lease or ,ecwity agmemenl between the Debtor and Secured Puty or between the: Debtor and an)' assilnee of the SecuritY Agreeme", (through Sc:<:ured Pany), be tenninatcd under ilS totm. by MU' of Ihe fact Ula,.1I paymeots due thereon have been p.id in full ("'fennimued Conttact"), thcn Iftbl. Security Agreement is still outslandlni\. the Deblor will rcaffitm th. afc.....id cnlSlH:Ollalerlizauon provmons and execute such documelUS and fanancJoa: sCatcmans as the holde( of this Security Agreement DlaY Rquirc to evidence ilS sccurity interest In the macl1inuy and equipment coveted by the TennioDled Contrll<:l .. .dditionallCCtU'ity for its obligations heteUnder. L Notwilhstandlne: any olber proviSion to the conlnu}' set forth herein. if al u.ny time implen'lenlldon of IU\)' provision hereof shall raise lhe iowl'e$t rpte herein above the-lawful maximum, ifany, in effect from time to time in lhe appli~bh:jurisdiction for 101\11:I tc bDtJ'Owers of lhe type, in the pmOUAE., for rh. pwp..... and Dtbawi.. of the kind berein cootemplaled, then SIIeb inleRsl ra~ shall be limited to such lawful maximum and any ".coss in'.res, loadvctlClltly collc:clcd .haU be dcorned to b. a pard., prepaymcnl of the principal and so applied. J. Waiver Drany deflltllt shall not be a w.ivcrofony allier defaull;.n ofSecutod Party', rights are cumul.tive and nOI allcmativc, No waiver or chans. in thl. Agreeme", or in any related A&ra:mant .hall bind Secured Pany uDI... In writing .Igned by """ of its omeer., The term "Secured P.~ eban include MY usignee or Secured P.any who is the holder of tills. Agreement. My ptovisions hereof contrary to, prohibllcd by Dr invalid under ~pphc~blc laws and ~gulations sbalt be Inaplllicl\b1e and deemed omiued bcccfrom. bill sbaJlllOl mvalid8u.lhc re.rllainil1,J: provisioIll hereof. Debtor ht::rC:by WZlLV:S any right 10 tdal by jury in any action relating EO this Agrcen'lcnl. Sec;urcd Part)' may correct palent errol'S htn:in. AU oflhe ttnns .od provisions ofthlli Agreement 'hall apply 10 and be binding upon l)cllIor. its bel... personal represe....iv... '"""""'" .nd "';&n' and ,ball illllre 10 Ule bencfil of S.cured }')arty. ils successors and assigns. . . K. This Agreement shall be deemed to have been ex.cctlU({ in the Commonwealth of Pcnnsylvnnia upon its acceplQnCC by Sc(;ltl"J:d Ptu'ty In US 2 01/30 '01 18:03 --','- ~-,..,..'.""-' ~'-'1 :"""""~'"' i: .~ -- "L ~ . ~ , -~",~,&L,;:,,,",,~-,,-! 01/30/01 TUB 18:48 FAX.BI0 558 4882 FAIRVILLE COMPANY LP-THE Ii!J 010/013 PeIlllSylvllnia offic:c by its fJ8ymCOt ofaqy amount to lhc vendor/supplier for ihc Callatcral Qd shall be construed and enforced in ~cordtnr.", wilh BOd governed by the intatoallaw$ of i.':1J Commonwealth uf "cnn~ylvlJnia. . L. This Agreemenl Rprcscnts the final ogreement belween the ""rtlcs ond may ..1 be .on.....ict.d by evidence of priOI, conlcmpol1lllCous, or subsequenl oral Agrecmc:olS oflh. parli.., There .:l'" 00 unwli'lCn oral Agreements betw.... the partles. COMMERCiAl. TRANSACTION, Debl.. Mnin ~iu:ow/edges /hQ1 Ihis Agree"'.nl c"",'iM,. D comm.rciGI /rWI$<U:liofl The purpo.r. 0/ Ihis Acre"""" is 10 pro.id. funding/Of' II bll4lneweommcrcllI/ ".".ael/on IInd is NOT In/ended/or tInJ' consum.r purpDS". IN WITNESS WHERIlOI'. Ih. parli.s bereto bave ,",cculed Ibe S.~uril)' Ag.......n'.. oflh. date fitst written abOVe. DEBTOR; Smigd,ky' I.llIlOSl'Qpe SECURRD PARTY: THE FAlRVlLLE COMPANY. L.P: ,'. By: By: ~~V~ Authorized Ollieer ~-!lJ ~ Date: Subscribed and sworn befol. me: IhisJ.LdBY of~ vn,~ 20 t1l) ~<~~ (1- ~ Nolaly Public for lb. Slate of My Commission I>xpires " 3 ..' 01/30 '01 18:03 ,'I~"'" .~ ",' ~~"I""""~..Jj;_'_ - ~~" - 0"- ~~ wJ~ . - ~ "~~ ---.,,,,,,,,,,-- 01/30/01 TOE 18:48 FAX 610 558 4882 FAIRVILLE COMPANY LP-THE __I4LOll/Cij:tuu Tho ~"..i.-vill. CoJupany, LoP. BuDding 100; Sui:' l 14. ClWlols Ford ProCessional Coal... Clladdol'.rd. PA 19317 No~. Number: 71215280 Deblor: Deborah Smigclsky A. l'Prsu1Ullto.... lorms ofo s....rily A........,. (N0'!1l) (Ihc "AINOmcoI') .....led by Po...... D,btor b.. _d _......d obJiplioas to 1IIe FolnoDIc Ccmp..y. L.r, ("S.....d!'an:rl IS _ NUy hi funh In Ibo ~l 1. GUARANTY OIll'A'll'MENT, I. .,!Ior to lad... s.....d Partv 10 ..... illlO lho <\areom<ot. Goatoalor(.) harcby ........ilionoUy arul jolody arul ."'....,y .....Jl!'... to s~ ParJy Ca) lb. d...... PIIIIClUuI PII1m.... .llho ...."'-. ""'.. .... ..1he ..... ...... _., = =l p;:yll!:." who."'... .. _rill- or by .....,,001 prcpayme~i lIolioo of -pIlen;:! ~l\l'menr. .....1Iou ., ""'_Be, IIId In) 10. 4.. Ill4! pauGloi.. 'pllllonoen.. .1 aU Ofhar .bU/PIlionsadslos INld" ., ,.J~ to Iho indeb"""".Sucb IIUlInII1ly is ""ab...OlD. IIIIIlOlu/"ltiooal, ooatiaolnc BWIl..Iy.lpay....t..dnotol""'IeolabU;o. """ Ia in IUl way coodItloDcd II" ",..IApnlllplla my. ~'CO ...Ooot.... Debtor.,6um IllY odic< PO"'" linn ., ClllpOlBIIoa obliplcol with respcotto. or ~ .......10' Gf, lbo Indebted.... Dt """" III)' olbor lXlIIdiuon II< conliDgnllay, In .....Debto'.....llldllo pay pa""""'l~ ~ ola.. iu~ .'1l1Y p....ium ot ........ dIete.n Wlual loll IS Ole...., 111.11 b....... dUe 8IUI pay.bl..OUQ/80tor wHI..... d.......lmmod.....y pay......... fa Soovrod PloW, 2. COSTs NlJ) EXl'ENSI!:li. 00......, wiI1 pay ..I......... ....-.. .......... by or... b....1t of 8cclood P.ny (Inc1l1411tg, willlo1ltlil1lila~..., _.nab" __ re.. ..'" ..,......) in "'-'Ihc .blipll.... .fGuotmllX .......!Ior. 8IUI1h. obliprloQ, .fDcblorwillllUjloc:l ..Iboiadcblodao<<. 3. OIlI.lGATlONB 01' GlIAIIANTOJl NOT An'EC/'EIl. Tho obIlpd_ ofCoann...."""""dcr 1IlaI1....... i.liIU juoo IUd '-WlIh... ~....d 11I.,1 oot b. aIfa""!lllt lmpojp,dla _ RS/l""by: (I) any ...........~ -.1IoondmooJ, -UIcuIJoo. ......"'" or C','~'l~'''''' "f.~ addilio. ., 'UJlliI_ '" ".. Alii...... "'III)' .Ihco ........... or 8JIlUII1I11n Icspecl.rlbo Intl.llltd...... c:oIlalonIliold filr tlIoiotlobto~ (lI}tlIo....IiiUIl'.! ~ 01 uaioiIil~abilky.f lb. ~orll1Y-~...J1IVIlIllI...~.r1hoin.............. orcoll_ ~dfilrlhe l~oas:C.).'!YIlI(C~..~, w.l_. rCIcaso .r ""...lIll1ion by S-.-.d....., of'o..Yrisb' ~,PO"" orpriYl.... ......1It 10 IOIpcol ollho...... 811YlIII!ct~~ OS ......d.. ., "......i1io. of coO_ heltIro. lho mdebletl_CtOaoy """""~ ......1011, Iodul_ Dt _ _II, iIIIcdon or~ "'tIer., IolUp!l<liof1ho ~,.. llIll'.lbor qnioll1Clll or S.......,. in _ .fdlu -...... or coll_....d JUt'" ''''''''''''''''0; (1)8IIY IIIIOIYllIitJy.bIOl<nIpIcy. .iquldltl<!o,~o,.............. ....uu.ImGllt, ~..woa, or....IUlIoa ,., ...... oimil.. ~ ....Iv... .. IlIIilodnc _. 'a...naror .. 8IIY liO... au"': or (I)..y .Ifii;< ..... .r ' .I~........ ..b_...... ioclwlinjl1riIll'\!I 6..lladoa, _ aOIcr.... ...... om1saio. .. delay _ _Id,., ..ISb! in till)' _0'" 8IIY DIdO.. vIII}" do: lisk lllr 00.......'.. MIkb .....td 0' ml&bl.lhcrwlsc .p..... os. dlscb_ .fGo_or. &Il._ofl...: whClbcrIl< AOt a_ _Ia.. ..dce OIl<nowto4F .ra.y .r Ihe fbncoi.g. <I. WAlVERS,11rolbll.wiog.... ......d...n.lly, Mived. brGuar-(a)..dco.f..y.f...._, ,', ........., ',., tol.S~taU,..'''''Whi<ll_b.'''l1IiIcd,' by 'IalUIe,1IIIe DlIOW or .OWWlu CO p.......aoyrigbta ofSocund Polly ...Inst Deblor or 00_. inclwlj!ll wII...... ... of p_ and......' 10, '"'" dcalaod """ PlIl'lllOoIlbr. ............'(01) III\Y o\gbI.fsu"",PIio. by vtrluc ofp_........ _lIiIlIot.........._ s-cd ~artY ,holl b,............ filII paymcal.r... .r....Iod.....d..... aod (.) IllJf Jtq~ ofdUIgtlo.. 011... p...,ols.......d Pony, 5. SUIlOllDlNA'llON, My 8IUI'" ri&!lu .fCluaooolnt co... P')III1OOI ofaoy .... 01' p_ aod _ ............... .W.bIot... GuarOOIOl_ be .....,din... aotI Iilbjcc,lO 1IIc nglllJ.r S..~ I'lIItf, tollle IioII ~ oflho iodcbtl:dnoot .... aU 0'.... ;.doIi' "-''''11I'''' '..... in1ii/l ~ ~ pay..... of .....Iodoblodo... Ii... Dd>toI to 00......, .....1 '"' """'"' in u.e: ~_..... ~ ~ or dlslribudoa ...... bc_!YOdby G,nuwntor oanlowy .. 0.. pm'~" of.... "-1 .._co. wbcd1u laAllOllCOlioa wIIh aOy....~.l>aJIliIuptoy. llq.......... _-.... ~ rc8<G-~ ~ _olloA ., ....... "01.10, pIOG...uogl....lviRg DeblOt, or ol\lcrwi;o..1ICb paj'II1CllI or didribUIII"l'8MU'" paid lWCtto 5collItld p~ tor 1IJlP11c:adoa...........blcdaou. (.NOTICE$. AlI..ttca aod lI/bcr ...._.N.iam.lweuod........I...lowdllnc.... _ bo llllUild by -.. or...........-L oo.m..IlIIp............._d to .... .......... oddrweI ollila p~ ........,d!Wgn1lled Illhollcad ot ~ of..... _Yo Dr atItim10d .. aoy .... I""liY '" suGhothco addmo .. ,..... p..." ...... h...-......liImlBbed to rho odtct I""liY fa 'WIl..... ' 1. MISCELLANEOUS, Noldlcr Ibis Guatmty IIOJ' III\Y _ hcn:of OIl\)' be .......... \WI.O&!, diocbolpd .. _ orallY. but ooIy by an InsInnn<al in w,iliag .iJuod by lIIo ~........ ..b.... ~.flbc........ w...... dls",- or............. is.......t AlI~""'; "'Ibia~_be 1lladinf..llAARd ~uro 10 1IlO bono!1lr~1Ile piII\lca ......llld.lIIoit ~...h.... .......-vca. .........n """"';suI, JII1I ill patIlCioliotllhallbe ~k blllll)' b.!d..orlll>ld...li<>m dOl. fAl timoof.... iIIdoIlledRoos or ooy part _ 'I'bis ao.,llIIIy _ ... COOSUOccl' """ ..rn....d in -.I.... wilts JII1IIO.wld by Ibc ........ laws of 01. COIMI.......liI.fP.IIIIS)'I_ E.... Clu.........".... 10 aUlho pnw...... hi llosP 1Ibo,". 'I'blI Ooaraoty Is ....... p......1 to .... ~... EAC!I<lUARANl'OR ^CKNO~ IlECBiPr OF .II SJIJNEI) 1'1l.UB COpy.Op 'i:III!GUAllANTY. EACH (JUAl\I\NTOR IL\S .l\1T^CIII!D HauiTo A l'HOTllCOPY OF IIIS/III!R DRlVEIl S UCl!NSI! FORSECIJllED PA1I,1Y'S IIBCORDS. GUARANTY GUARANTOR: Subscribed 8l\d sworn bufcro me: Name: Oalo; /49 - j{p .-12Z-j oS---rJ-O{) "~;z,-.'j.~ NotaJy Public for Ilia Slato of .' SllAL J NOTAA\Al.. ... Public My Commission ilMSfll~~ UGR().rT()!~"", 1 ('..onc:ora"lwPi'f?UIIlW~ ,II~ 1 My CCiIMIlsslon EJpIlesAlig. 18, '- Signature: Home Addrcas: Home Pho.ne: Social Securily II: 01/30 '01 18:03 ~"-....," L_=_. , - I ~ . " ~b.:,_,"~"fi""',-e 01/30/01 TUB 18:4Q FAX,810 558 4882 FAIRVILLE COMPANY LP-TBE 1i!I012/013 POWER OF ATIORNEY Iq'lOW Al.LMEN llYTHESIlPRESBNTS:' , " That the undersigned DellOrah Smigelsky being the buyer, sell.... regislorl:d OWo<r, legal nwner or owner of the following desoribed molOr vdlldos: CoUateral DescriptiOD: Serial Number HR17396 DClieription IngersoU Baud 600CFM eompresaor wlSpl1lycr Setup & Tank does hereby col\SlilUte and 1IPP"i1\1 The FalfVilll: Company, LoP., f'Folrvillc"), Building \00. Suiu: 114. Cbadds Ford Professional Con..... Cbadds Ford. fA \9317 my/our lrue and Iawt\1J Attorney 10 sign in the name, pW:e llIld stud oIlhe undersign_oI. any Cerlilic_ ofOwnelsbip issued by th_ Division ofMotot Vehicles oflbe Slate covcrio& 1110 vcblc1es desclribed above in wbatev... manner ncc..SllIy, to apply for duplicl\tQ tide. to trallSCcr any lCllisllalion and/or add a licnholdCl(s) of said vehicle aslltey may deem fit llIld proper. hereby J1ItiI)Iing llIld confirming wh_ BCdonCs) said AIlomcy SIlaIl or may take by virtue hcn:of in the premi.... IN WITNf..ss WHHREOF. die undersigned do.. hereby'" his band llIld seallhis "if() dayOLf!1~. 2000 SIGNED:~J~ {)';;-I't-(p~ S 5'11.~ I'~ ')'}Mi:S- Date ofllillh Driver'. License Number Subscribed and swom to before melbi. j f day of '1YJ ~ 20 (11) , -/d-rv'"-,, a.~ Nol11y \'ublic for 1I1e State of My commission Expires Po SEAL \\-mtCIA I\. ~RC>'I'1'Q '. . CGi.nly fdy QonunIssloii~Aug. 18,.llllOS 01/30 '01 18:03 -_~lt~-. ....._-'...~~ ' "...._~ ~ ~~- ~ ~ ~~""-'~ """"""",~~l _ -~, l'!..5 :ll~,W 01/30/01 TUB 18:4~ FAX, 810 558 4882 FAIRVILLE COMPANY LP-THE JijJ 013/013 The PainfUe COhllJtUlv. LP. 2121 S. W. Broa.:iway, Suile 200, Portland, OR 97201 LOSS PAYEE INSURANCE AUTHORIZATION NQte Number: AGENT: INSURANCE CO. NAME: ADDRESS: PI:lONE #; FAX#: POllCY #: SUBJECT: Insurance for equipment at: 4551 Sequoia Drive, Hmrioburg, PA 17109 lDgersoll Raud 600CFM eompressor wlSprayer Setup &: Tank, Serial1#BR17396 Gentlemen: Kindly accept this lettcc as your authority to furnish TIIE F AIRVllLE COMPANY, L.P. a Certificate of Insurance and Endorsements of coverage for Fire and Extended Coverage, V lImlalism, and Malicious Mischief designating TIIE F AlRVILLE COMPANY, L.P. as loss payce. Please fax your binder or eenificaW immediately to Fairville at (610) 558-1949. If you have any qucstiODB, contact Pat Ugrotto (800) 932-2274. If II binder is faxed, the completed certificate should be sent as soon as possible to The Fairvillc Co., L.P. 2121 SW Broadway, Suite 200, Portland, OR 97201. All premiums, if any, for this insurance are to bo billed to: Deborah Smigelsky 4551 Sequoia Drive Harrisb\lrg, P A 17109 .' Very truly yours, Borrower: Deborah Smigclsky By: Title: 01/30 '01 18:03 ....- " I ~" ~~"..",c'" --- , ~ t. _ .. . OEBORAIi SMIGELSKY ; i ~SSI SEQUOIA 01\, C.274 ' . I HARRISBURG, rA 17109 , .' ~ _ _ c::::;:-H.J".... u LL :r#i.~; ; 9';~.J"'" . ". t:1lh.~ ~ :;~. ~.~. - -/ >;,,,, ./C ~'r ~ .---- '- . . . \ 536 PNC BANK, DELAWARE Wll.l.fINGTQ~, DE OlIO i y.., LkpcS CJ- 0 '" ~r~'1e/' _ _ _ , ~O~l~ODOa~~ 05~~r5~O~2a~a~~p 01/30 '01 18:03 , B""TtlE FAI~VI~I,~ COMP~~P: .....". .'-- .=--...~ .~. ",...,..~"...-;s~;~ I 1 100 DICKINSON DRIVE . SUITe ,,, _>11' 1 C~~.~DSFORD.PA19J17-967S, ~" (L,~ I~~{j) 1 il PAY ~I no T9'~.... . () ~ l., ~TE :"~'. I' ~ . ~~'WOF.,. ~ t.l~~ (Jr'\ , ~. 1-f i~~,~n':;i'..~,::~~;)lO~., . ' ~ . ~J~'t'r-~f I Lro~) ~ tJl'e. ..J.t;r-~ (j.JJ ~~""'~LARS filla.':: . P~CJmA1SlI\ . ~~~~~ / ~~ I "'" ';;:.;(~J. k7 <,1/5;11 L lA.. L~H ~ qloo 5 5 5 Sil" ":03 · .oooa </1: 51; ~ 5? 5&08 qql "'ODD ~a ~Oli to... *~O~ J '"' ~, " " ~~ ~v.--~ ~ ~~ 01/30/01 TUB 18;46. ~AI 610 558 4882 FAIRVILLE COMPANY LP-TBE .... " ~ t, ~~- -""';>-'!\\>\',,,,"_J,4. ~ 005/013 . i ... II' P -of }.i~il~3117f: i 4 ~ ;~ i ~.:;.) !: .:.: :::":' 2 ~j ::..-r ~~ " ~ ::<>-, l I,. . ~ C"- . ~_ :' !j\' ';11)0- :~'. . ~I; C"Q 'jij <.>' -';::,,~ co -,' 'l:lh ~ c.:, ti,;.,:'~;itiij. ';;f!J f.~::g I? 2:'~' wo "':,l<:;o;. N :8:i'~' .<. f ' ~, . fl . :.,..i 8 ~ ~ i i "-~~~~'....""" .'~ -d" "- N <.D o d <> >- '" ::> a: >-< "11, '" ' Z'" ,,0: omffi >->-", ;no: 00: Q.< ~:I: Z :;: .'0. ::> ~ o 'u>- >z ....I':!i 8:~ ::10", -:<U)~~ t"J .; <0.. g ,coca. ,... Z""J ..... ct~:~o: ....Z~ffi~oui -" z UJ,O..J co >- . :E~~ ~ a. z" ~ -0< ::Ii=o 000: w~ ....1>- ....I'" ~g J: III "'I'" 'I'~ 0", '" ~ ,,;"q..!, i, \.. ,,~, ;;,~~. ~'.. .-': , ;">~~~,.~~):~'~\' w ~ o ~ m \:. ~. ~ :CW:-:.::.. >+0 .;: lI:1L Q-f2oo, .c_ 113 .i1 ~ 'ra 0 z o nJ " =0 _~ [I- o ..g ... ..~g n.J ,-' - ;::! ;.. 'f~ ['- ':0 '!- ,~ .. ,~ - ~ .:r a: r1"I ilea -= 0 180 r1"I ... r1"I o ':: . ~ :; "",0 . ~. ,1i);Mltifr""H&", -. o nJ tJI o ... ea ... o o o """ ~ ... .:r t'- nJ tJI o ~ ';'1i'~~ o,~ ' , , '_.--'~--~---- , - ~ ' . ._~~_.."-----_.,~_._"_.- "',, -~. 'M! [j(j"NOT WRfrE,L STA:MP OR- SIGN. Qe.~ .'" ooW Tt-jIS LIfilg RESERVED ,..ORflNANCIAL,INS:rrl1fllbN USE* "pr iii; -..it< H~ 1 4 2 1:4 6 . " , -J_ ,,,\~:,. "( ['. r ]<----, ",0i1::!1 nT/fA,',! t . ~,:j...1 I .:,-,~. ::.:!-~'., I. ~a::.:;,,;/,'."~'. .';lit>1:' fli!\L, , ", .., /, ...... ,,"03.j :3 J ~~'j ,N^Y ~ 1 co. "r.',: -~".; r.' ~.l: ~'.l ~ ..ji- .... ,..; ....; ~~.- ~.j..' .'~;:'., , - -'~~.~:','-- . '~'~l""",,",,, :~~:,~> ; -~::;;;~~\' . ~'~- m . itsted";"o-;;'arethe'~YfeatuTf!Sprov1dedonlhisdocumehi -.- \- _Which meet lirdtpr exceed l1rtIUstrY!p!ldf'Hnes; . ~~ F.e$teS: _ R'esUlt~ of check alteratiDn: , . -. 'c~inl9a1 ProtedlOll Paplif . wJien' ctmitallv altered, lIIIl area treaied will . _'_ ." appaarasa:brOl'llfstafnorsl!<ll '- ~i~rifi!!nij-"'M'!' . ~~-t~=~~~'1r~. . Era$utePi<ltection :,,~_-=~whitem8fkswmappearlll1~red ;,d,e#.~ri1YSC~n (..-~F~'ih~=!d~ "O{iginal~nt"onthe o'FIooresceiliFlbers . "lSibleonlyllo'ileiiill1.B'''',ietliilhi.-. .. ,---, .. ' Cannatbl;lphlitocop!ed!l!5tlri'irye.d. *FE;:OEBAI:- RE$ERV~ _BOA,RP,; O,F GOVERN.OAS R,EG. CC ,.,J' u ~,,~- ~~ ~_c,i&.1!!U--,-"",-"'.;c ""J!Jlli!""""''''''' , ,,1-( ". '__~"'-_.t, 01/30/01 TOE 18:~7 FAX 610 558_,4~_RJ'AJ~YIL!lU;!)~~ LP-THE 717 1'::57 878'7 1ai007/013 P.l2!2 Michael n. Hess Jackie J. DcArlllond Keith R. DeArmond Rria" E. Chudzik John G. Narkln BURKE & HESS ATTORNEYS AT LAW 951 ROHRl!RS'roWN ROAD, SUITE 102 IANC.A.S:ret<, ~;\ :7Gol.l~14 ., Telephone Pax (717~ ~9!..29! 1 (717) 391-5808 January 25, 2001 Mr. Tim Brady CAG RE: Deborah Smige.lsky Dear Tim: As disQlssed in our telephone conversation, I bave been fully retained by the above-referenced client to represent her in a Chapter 7 l3ankruptcy. Ms, Smigelsky has related the following information to me regarding tbe equipment purchased through FaUville, My olient had attCll1pted a landscaping buainess at which time she used a Illlbcontractor named Jean. Unfonunately. Ms. Srnise.lsky does not remember Jean's last name. At the time Jean left the area and moved 10 Canada, my client noticed that her sprayer and compl'O$lJor were missing. Since that time Mi. Smigelsky bas had no knowledge of the whereabouts of the equipment or for that matter, the individual she believes is re&ponsible for its disappearance. If you have any questions regardins this matter,please do not hesitate to contact my office. I appreciate your directing all colTcspondcnce to me. Very truly yours, Burke &: Hess ii~" f. ; . .' .<~:.c l:J' -_ J, ie 1 D "d. Esquire ',/ JID/wp Cc: Deborah Smigelaky 01/30 '01 18:03 ~~ 1 :rofPIY \l%~\ ~ ~ ~" ~~~""'",":;:,""".."", PETER..J. KRAMER OF COUNSEL LAW OFFICES BALABAN AND BALABAN GOVERNORS' Row 27 NORTH FRONT STREET P. O. Box 1284 HARRISBURG, PENNSYLVANIA 17108-1284 ,~~Jt. (1962-1980) WILLIAM R. BALABAN PATRICIA CAREY ZUCKER MICHAELV. BROWN THOMAS R. BALABAN (I916-19SJ) TELEPHO!m - (717) 234-3282 FAX. (717) 283.4264 e-mail: balabaDlaw~aol.co.. January 31, 2001 VIA U.S. Mail & Facsimile: 717-697-7552 Jim Schnell Cumberland Valley Insurance 31 East Main Street P.O. Box 451 New Kingstown, PA 17072-0451 RE: Fairville Company Your Insured - Deborah Smigelsky Policy No. CPP 0628511 00 Loss Claim Dear Mr. Schnell: Kindly pennit this letter to confirm our office represents Fairview Company relative to the above-captioned matter; and to further confIrm our telephone conversation from earlier today, The facts as we. understand them are as follows: 1. On or about May 17,2000, your insured, Deborah Smigelsky purchased an Ingersoll Rand Compressor wi Jay Hawk Sprayer SIN HR17396 (the "Equipment") for Twenty-Five Thousand Nine Hundred and NollOO ($25,900.00) Dollars, which purchase was fmanced in part by Fairville Company. 2. The original finance amount was Eighteen Thousand One Hundred Six and 20/100 ($18,10620) Dollars. 3. As of February 1,2001, the outstanding balance on the Equipment fmancing (with accrued interest) is Nineteen Thousand Seven Hundred Forty and 58/100 ($19,74058) Dollars. ~--. . , "",,-,,-, AI""'i!."@",-,,,,~"'" Jim Schnell January 31,2001 Page 2 4, Effective June 1,2000, Binder#B0007I300948 I Policy No. CPP062851 I was issued on the Equipment with Fairville Company included as the Loss Payee, (Loss Payee Insurance Authorization and Certificate of Property Insurance enclosed). 5, By letter dated January 25,2001, FairviIIe Company was notified by counsel for Deborah Smigelsky that the Equipment has been stolen, A copy of this letter is enclosed for your file. In view of the foregoing, kindly permit this letter to serve as notice of claim for the outstanding balance due ($ 1 9,740.58) on the equipment covered by Binder#B0007I300948 I Policy No. CPP06285 1 1, and provide our office with any procedures necessary for effectuating the prompt resolution of this claim. Thank you in advance for your prompt attention to this matter. . I will await word from you. ~' Michael V. Brown enclosures cc: Jackie J. DeArmond, Esquire (w/enc,) Eric Reynolds (w/enc.) Fairville Company G:\B&B\CLIh'NTS\949\scbnelll.ltr """,.;#'.-.- -, ~.;~~ 01130/01 TUB 18:(9 FAl 610 558 4882 FAIRVILLE COMPANY LP-THE , , The Fai...ille ColntJanv. L.P. 2121 S. W. Broadway, Suile 200, Portland, OR 97201 Note Nuntbt!:r: LOSS PAYEE INSURANCE AUTHORIZATION AGENT: INSURANCE CO. NAME: ADDRESS: PHONE #: FAX#: POLICY #: SUBJECT: Tosur/lllCe for equipment at: 4551 SequoiaDrivo, Rurisburg, PA 17109 lDgenoU Balld 600CFM eompressorwlSprayer SetllP ,. Tank, Serial# HR17396 Gentlemen: 'I - ~~;I'~-"~"".',, Ij!J 013/~13 Kindly accept this letter as your authori1y to furnish nm FAIRVIILE COMPANY, L.P. a Certificate of Insurance aild Endorsements of coverage for Fire, and Extended Coven.gc, Vandalism, and Malicious Mischief designating 1HE FAlRVlLLE COMPANY, L.P. as loss payee. Please fax your binder or certificate il1lIlledlatelyto Fairville at (610) 558-1949. Hyou have any qucstiODB, contaot Pat Ugrotto (800) 932-2274. If a binder is faxed, the completed certitioate should be sent as soon as possible to The Fairville Co., L.P. 2121 SW Broadway, Suite 200, Portland, OR 97201. All preII1iums, jf any, for this inswance lUe to be billed to: DeborabSmigelsky 4551 Sequoia Drive Harrisburg, P A 171 09 Very truly yours, Borrower: Deborah Smigelsk;y By: Title: 01/30 '01 18:03 01I.ULOLJ.~.~0 .: ACoRll. " , ;r..._..::-~.,..~ ._UCSR (717)697-1958 FAA CUMBERLAND VALLEY INSURANCE 31 East Main Stree~ P.O. 80)( 451 New Kingstown, PA 17072-0451 Altn Jim Schnell INSURED Deborah Smigel sky 4551 Sequoia Or;ve SUite 274 Harrisburg, PA 17109 ~ OO.;.;;g~t,.. I . '.(')f D&~~ . . ~/".1 .;.~'.J t o~/2e/200.I. THIS CERT IS ISSIIED Po:> Po..... TTER OF INFORMATION ONLY AND CONfERS NO RIGHTS UPON TilE CERTIFICATE HOLDER, THIS Cl!l{TlFlCATI! DOES NOT AMEND, exTEND OR AI. TER TttE COVERAGE AFfORDED BY THE POUctEs BEl.OW. COMPANIll$ AFFORDING COVERAGE; /oIILLERS 'CAPITAl INSURANCE 'eo, Ex! """"'^'" A - ct>wPN<f a "'''''AM' C ; COMPmr D ,~ ,.~ :.'<~) ~~:~;..... ~t.w:.~..E~i;:~~'-U'.:'..~"i; ..~~~. ..... J"~- 'i~~;.q,,a, '/~'.~~"... ?"..o.;.;:,/i,~'~'\~?~:fr}t4=.':;":J;..~"~~:'~\: ..;.:.: ''.-on_ THis IS TO CERTlf'Y THAT THE POl.1ClES OF INSURANCE USTED BELOW HAV~ a!i;iEN ISSUED TO THI! tNSllREO NAMED ABOVE FOR THIi POLICY PERIOD INDICATttl, NQlWlTHSTANOING IoNf REQUIREMENT. TERM OR CONDlTION OF J.Nf CONTI\ACT OR OTHeR OOOUUiONT WITH R~PECT TO \M-lICH nus CERTIFICATE MAY BE ISSUED OR MAy PERTAIN. THE INSURANCi AFFORDED BY THe; POUCL!S DESCRiBED HEREIN IS SUBJECT TO All 'rHe TEI'WS, EXCLUSIONSANDCON,?mo~ OF SU1?H p?UG1E~ ~IMl_TS ~!ftAy HAVE II",,~EN R~Ep B'! PAID ~ .. co L"" 'T't'H:DFIN5\JftANCE POL1.1;Y1'Ql\BEJl . f'OUCVCff&Clll& ~ P'QUCYQC:PR,ATtON f 1:00000000MWI"'ERrY .tJAie:IMfM1D/'(YJ.DA"lIi!~\ : __ . 8LIt.ONG s 1 . ~PRoPERT't . $ gUSIrE~S~ t EXI"FtA~ oJ Bl..AJII(f- I BULOlNG 'S j 9lAN<ET~l"qOp Bl.ANKEr~ I. pfo> ., , , . , , , LlMlT$ : l"MPERT\' , c.wsES OF Lo:;i:;7 . RA,sIC """^" >f>hClAl """'""'""'" AOoD x .......,"""""" T'r?CO~ POUCY A Equ1pMe~t Floa~er CAlJ""L~Ct-LO'-..;s NM1EDt"~'S = """'" TYPt:, or roucv CPP 0628511 00 , 06/01/2 2001 ' . 25. ~OO II-OlLER&.~ , " . , , " f CT1i8< LOCA11ON OF~1$ESIOE$CRIPT10111 OJI" I"ROPEF((Y hgersoll Rand Compressor w/Jay Ilawk Sprayer SIN HR17396 - S250 DQductible SPECW- t:oNOIT1QN$IO'11-lEA: I:~ rtifica~e Holder includftd ac LO~E Payee ,.~.~.~o!1'~'.\r:;'l'~~Mw;l;I~'~~~~t ". ...)~.: ' (~{.' ~. ~Ul.CIA?ffrJflHEA8DWfJE$CRlSEO POUCJE$SE ~sa:ORf;!n-LE EXPIRATION Dll.1lEneftEOF.1'I-II;1SSUNG CDMF'noNWlLL E:NOEAVORTOl1AIL -1JL.DA.VlIl WRlTlliN NOT1t:eTO 'Tl-IE CEFmPlCATE HOLn5R ~TO THE LEFT, .UTFAI.U~TO 1II.u.. SUCH NOTIC1i ~IMPOD!! 11I0 OBLIGA."nOfll CI\LWlOJUTY OF MNKlNb L/PONlH!;; coW'l'Hi. rrs AGilNTJ: ORREPResENTATlVES. AUTHORIZeD REP'RESeJrAilVE 2fW;IIf Jim Schnell/JAS U . '~?It~~t~~ .>'!: fit ;t.~ 0\. ". "Jl. t?t;t". ~~i.....' . ~.. - ~~QJ( FAIRVILLE COMPANY 212:1 S/VI Broadway Suite 202 Portland, OR 97201 A<;g~J'\'IMl""~!~~ll"':::'~~""Y"".~&f' r, 01/31 '01 09:48 ",-'",l-.~""~"-~ ,. . .. ". ~~i"""'" , . FAX 610 558. _4Jl,iU'.A1,~YILJ,g"C;P~4t'Y LP-THE . 717' 7S7 0781" 1aI007/013 . p..'ei2 01/30/01 TUE 18:47 . Mlchad n. Hess Jackie J. DeArmond Keith II. DeArmond Urian e. Chudzik Jolm G. N.rklll BURKE & HESS A'ITORNEYS AT LAW 95\ ROHRI!RS'I"OWN ROAD. SUITE t02 IJ\t'olC.".s:I'P.k. ~i".. 17Gol..:.:n.; .. Tel8phone (717) .91-29! I fax (717) 391-5808 January 25, 200 1 Mr. Tim Brady CAG RE: Deborah Smigdsky Dear Tim: As discussed in our teiephone CObversation, I have been fully retained by the above-referenced client to represent her in .. Chapter 7 Bankluptoy. Ms, Smi8elsky bas related the foDowi1\js information to me reguding tbe equipment purchased through Fairville. My oIiem bad .uesnpted a landscapillg business at which time she usedll subcontraclor IUlmed Jean. UnfollUll8tely, Ms. Smi&eIaky does nol remember Jean's last aamc. At die time Jean left tbc area lIl1cl moved 10 Canada, my client noticed that her sprayer and compressor were miasing. Since that time Ms. Smigelsky bas bad no kllowIedge of the whereabouts of the equipment or for that matter, the individual she believes is responsible for its diaappcarance. If you have any questions resardins this matter, please do not hesitate 10 comact my office, I appreciate your directing 11I1 correapondCJK:C to me. v try truly yours, Bllrke" Hess 1: it ~. f # ; .,.:.... .(~~ '<-I' . .... J. ie J D ~nd, Esquire '.,r 1m/wp Cc: Deborah Smigclaky 01/30 '01 18:03 ~~ 1000fTvY \}%"r\ ~ ~~~ - ,-~ - ~'""-'"'(UItlBl1;;,;~~,_."i1 '. . , <c 'iti:CE IVED APR 0 9 .1 (!j) IIIgersoIIand Ingersoll-Rand Portable Power 501 Sanford Avenue Mocksville, NC 27028 336.751.6402 336.751.1819 Fax hllD://www.oortableoower.irco.coml 6 April, 2001 Michael V, Brown Balaban and Balaban Governors Row 27 North Front Street P.O. Box 1284 Harrisburg, Pa 17108-1284 Subject: Ingersoll-Rand 600 CFM Compressor SIN HR17396 Dear Mr. Brown: Mr. Silverman passed your letter of March 30, 2001 to me for response, We do not recognize HR 17396 as a serial number for an Ingersoll-Rand Portable Air Compressor. I have attached an explanation of our serial number system for your review. Please feel free to contact me should you have further questions, w:~ Don Holston Manager Field Service cc: Ken Silverman P\mscl\mb040601 ~-~~ ~lIIiIIll":ij, - ~-ii.........l """"....... ''''''~.~- . '> -. . fl The Portable Product (continued) . .. ... "I .... '"" B) Serial Number of Unit The distributor should always try to obtain the unit serial number- "The Complete Serial Number," For example - 101366 is a serial number, but 101366U79910 is the complete serial number. From the early 1950's to 1970, serial numbers were in the following sequence types: 1) 600AR18719 - R600 serial #18719 2) 125SRA 19209 - RA 125 serial #19209 3) A85RR61253 - RR85 serial #61253 4) 50621 L900M - L900 serial #50621 ,These serial numbers gave the style of unit and the unique serial number. They were stamped on the air end and on the Portable Compressor identification plate, Beginning in 1970 the Portable Compressor Division went to a product code system for serial numbers. The basic concept was simple--in that, a three digit product code would represent each style of compressor built by the Portable Division, The same concept was carried on until 1991 , Example of "Product Code" type serial number: 98716U77500 1) 98716 Unique serial number. 2) U Unit was manufactured in Mocksville, 3) 77 Unit was manufactured in 1977, 4) 500 Product code for DR600. Also at this point in time, the compressor serial number was removed from the air end. In its place was stamped a unique air end serial number (see Air End Serial Numbers, Page 135) which was totally different from the compressor serial number. The compressor serial number was now stamped on the frame on the right hand side of the unit-when facing the drawbar looking toward the unit Note: This may vary from unit to unit. Beginning in 1991 with unit serial number 194276, the year of manufacture was removed from the serial number. A typical serial number looked as follows: 195200U57S, Also in 1991, at unit serial number 199888, the serial number was no longer stamped on the frame of the unit ~ ,- ...,; ,... ,.." ,... ..,; - ., ~ - ,.." - "'" .., .- .." .- .... - .", .-..... ""' .- .... .- - .- ""' .- .... .- - - ., Effective in August 1992, with unit serial number 214473, the numeric year of manufacture was reinstated by using two letters that give you the actual month and year of manufacture, The month and year of manufacture is encoded into the serial number according to the coding system that follows. The new serial number plate will now show the model number for easier identification. This model number will be the nomenclature such as P185WJD, The letter immediately following the Model Year is a code that indicates the current model configuration of the unit This is just one more feature that will make ordering service parts and referencing maintenance manuals easier. We have also had requests from the field to change to a model year on our units similar to that used by the automobile manufacturers, Starting Sept 1, 1992, we changed to a model year that runs from September 1 to August 31 of the following year, For example, any unit manufactured between September 1, 1992, and August 31, 1993, will carry a 1993 model year designation Units manufactured between September 1,1993, and August 31, 1994 will be 1994 models, etc, The new metal serial number plate will look as follows: Sequential, Non- Mocksville Month of duplicating Serial No, Plant Manufacture o .- ,." .- - .- ... - - """ - - .- ,.., - - - - - "'" - ,,,, - "" .- .", - .", - - I- I- i': I: Pressure CFM Model Year - Sepu through Aug,31 of following year. Example: Model year 1993 will run Sept.1,1992 to Aug,31 , 1993 Whisperized or S = Standard 107 , - ,,,---, < ~ ~- . ,~, " ~ ~ ~ ..~~~_. ". ~ - -.~ " I" .'" j ~ , '" - -,. ~ -~t.~ '" SHERIFF'S RETURN - REGULAR I CASE NO: 2001-02394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRVILLE COMPANY THE VS SHAULL EQUIPMENT AND SUPPLY CO RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHAULL EQUIPMENT AND SUPPLY COMPANY the DEFENDANT , at 0015:29 HOURS, on the 30th day of April , 2001 at 100 MARKET ST LEMOYNE, PA 17043 by handing to SANDY KOSER (SECRETARY) 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: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 ,00 37.92 So A;;~~: ' /~ ~~.f~~ R. Thomas Kline 05/09/2001 BALABAN & BALABAN Sworn and Subscribed to before By: me this ;J. 3MJ day of , .~ cZt>o I . A.D. Q~. ()~ ~l P othonotary , .~ '-~~~ ! ~.~ ~~ ~ l-'-'-- ~ SHERIFF 1 S RETURN - OUT OF COUNTY, , CASE NO: 2001-02394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRVILLE COMPANY THE VS SHAULL EQUIPMENT AND SUPPLY CO R. TJlOmas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SMIGELSKY DEBORAH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 9th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 6.00 9.00 10,00 40,42 .00 65,42 05/09/2001 BALABAN & BALABAN soc~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this :/ ?u'/ day of 7hn'1 ;loot A.D. QlJf" o.~ ~;: Prothonotaty ;,;" ~ 'Ii Iii t ,"",: ~-'~"-i - SHERIFF'S RETURN - OUT OF COUNTY, .. CASE NO: 2001-02394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRVILLE COMPANY THE VS SHAULL EQUIPMENT AND SUPPLY CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FITCH BRIAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 9th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 ,00 16.00 05/09/2001 BALABAN & BALABAN ~ So answe.' .' ..... ,..--~'" ~7 R.</ homas Kline~ Sheriff of Cumberland County Sworn and subscribed to before me this ~3..ulday of ~ c20v/ A,D. Gy" qr~~~t"a~j COUNTY OF YORK . 2.of 2-'- , OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFFlSI 2. COURT NUMBER 01-2394 .. 'Ph", P~';-r-tT; 1 le:. mu T P 4. TYPE OF WAIT OR COMPLAINT 3. DEFENDANT/Sf Notice_& ShauU Equi.pment. & Supol.y, Co. Compl,aint. SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD. ~ Deborah Smigelsky .."....- 6. ADDRESS (STREET OR AFD WITH BOX NUMBER, APT NO" CITY, BORO, TWP., STATE AND ZIP CODE AT 448 Tang1ewood Lane, Dallas town, PA 7. INDICATE SERVICE: 0 PERSONAL Q PERSON IN CHARGE )0 DEPUTJZEC:'umlolEEmlramrd 0 1ST CLASS MAIL NOW 1 I ~4 In 1 19 _I, SHERIFF OFltIlllRKEOUNT'i: A, do hereby d vorl<: COUNTY to e e it and to law. This deputation being made at the request and risk of the plaintiff 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: a POSTED 0 OTHER 'ze the sheriff of h ?Of according OUT OF COUNTY CUMBERLAND ADVANCEDF EE PAID BY SHERIFF NOTE ONLY APPUCABlE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, In custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE BALABAN & BALABAN 10. TELEPHONE NUMBER 11. DATE FILED 4-24-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZ 0 CLERK 14. Dale Received 15. Expiration/Hearing Dale R.AHRENS 4-25-01 5-25-01 13. I acknowledge receipt of the writ or complaint as indicated above. POSTED ( ) POE( ) SHERIFF'S OFF ( ) OTHER ( SEE REMARKS 23. Advance Co:sts t45. Signature of York County Sheriff (J( 41.AFFJA 42. day of 43. llILLIAM M. HOSE 46. Signature 0 oreign Coun Sheriff 50.1 ACKNOWlEDGE RECEIPT 0 THE SHERIFF'S ETtJRN SIGNATURE OF AUTHORIZED ISSUING AUTHOAllY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY. Sheriffs Office 4. BLUE. Sheriff's Office 5-4-01 49. Date 51. Date Received ~Nkll,*Niptj~;~iiJ;k,i ,I,;.c*-;-, 'i.- w, - - "ibto <'c1'~'~"", ';, ~'" ':&-('_i;- "C'. ' ol. , ,"=. OH~'~ '~A,,:'-"j;ii;;?!'i4Y'@~Ji11-tMm~f,;!mi/::+ii@~fJMK~~b-IJ!Mf~~,;>?i,UJ:;~0.-;1i-:ff--"'U~~~1;!oI~_.~r! rr ~~I 1i<:'IUilli:iL ('1(1 00 c:l " I " , ',!J(j C) 11 :lJ ,.JIJ GiJU V~d ')4';jO), ':~~~~jHS :1"\ L,~]l,~ ,~ - . ~~" ,", '^, " ~~ . -- 0 Lu, .w. ~,~~ ~ _~"J :, , ~ - ~ --;; ~ ~ IT': . , ~ COUNTY OF YORK '" 1 of2 . .... OFFICE OF THE SHERIFF SERVICE CALL (717) 771-960 I . 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/SJ The 'Pai.rville Corn.an 3. DEFENOANTIS/ Shaull Equipment & Supply Co.. Inc. 5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED, OR SOLD. Brian Fitch 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, T'NP., STATE AND Zip CODe: _ L.P. 2. COURT NUMBER 4, TYPE OF WHIT OR COMPLAINT Notice & Complaint SERVE . AT 4 o POSTED 0 OTHER the sheriff of reaf according J wo L e 1 _ T PA CI PERSON IN CHARGE DEPUTIZE CuraJ:tea:rJfa11ld 'york 19_I.S~~RJ~~io:V~K~O to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST-IN EXPEOmNG SERVICE: 7. INDICATE SERVICE: NOW o PERSONAL ADVANCED FEE PAID BY SHERIFF Cumber1,and OUT OF COUNTY CUMBERLAND NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, al'ter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE WOOXXRX BALABAN & BALABAN 27 N. FRONT ST. PO BOX 1284 HARRISBURG to. TELEPJ:-lONE NUMBER PA 11. DATE FILED 4-24-01 12. ~A~~ SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed). ~ CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearmg Date R. AHRENS 4-25-01 ~ 13. I acknowledge receipt of the writ or complaint as indicated above. 16. HOW SERVED: PERSONAL POSTEO ( I POE ( I SHERIFF'S OFF II OTHER I I SEE REMARKS unab~~~~ate_!h: individual, company, corporation, etc, named above. E HERE IF NOT SHOWN ABOVE (Relationship to Defendant) . Time Miles Int. i 22. REMARKS: 43, 5~/()1 ,j-~ - I\) ~ 23. Advance Costs 24. Service Costs. ..;:j 100.00 24.00 .t: 34. Foreign C"Ollnty Cl;i~ ~/DJ 48. ate' 5-~-01 49. Date 51 Date Received 4. ,SUrE ~ Sheriff's Office .Jj,. i...;,... '-:: '" ....... OFFICE OF THE SHERIFF ~-- "......, COUNTY OF YORK 1 If.# -"->. ~. f SERVICE CALL (717) 77 I -960 1 28 EAST MARKET ST, YORK, PA 17401 . . INSTRUCTIONS SHERIFF SERVICE ,PLEASE TYPE ONLY LINES 1 TO 12 ,:,PROCESS RECEIPT, and AFFIDAVIT OF RETURN !(,DO NOT DETACH ANY_ COPIES. 1. PLAlNTlFF1S/ 2. COURT NUMBER " ,-, I" , ,;l'he Fairville COIT'panV, 'r L.~. 4. TYPE OF WRIT OR COMPLAINT - .. - 3: DEFENDANTlSI ~";0 t ,-.("'- , Com;)!,~;nt- Shaul' EquiplI'ent & Supp1y Co.. . Inc. SERVE 5. NAME of INDIVIDUAL, COMPANY, CORPORATION. ETC. "r0 SERVE OA DESCRIPTION OF PROPERTY TQBE LEVIEO.ATIACI::lED, OR SOLD~_ . .. ~3 '!'"-'} P n J'1. tr-h 6. ADDRESS (STREET OR AFD WITH BOX NUMBER, APT NO.. CITY, BORD, TWP., STATE AND ZIP CODe AT ~ ,] 8 TfH!Ol e.wonri Lan€' DAn "Q ~~._n nA ~ . . 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ..: 0 DEPUTIZE\.- U,!:1Il CEB'T. IIIX1L 0 1ST CLAS_S_MAIL 0 POSTED 0 OTHER NOW . , '" "It , 19 _ ~~I-IE_RII"I'.QF'rg'Fjf('C.QlJI-!TY,-"-A.,dQ. he.r"bLcleputize the sheriff 01 ~_ l.V.Lk. ,,_.-_ ..: to .CO"QNTYtoexecut~this~rltandmaker~turnthereofaccordlng to law. This deputation being made at the request and risk 01 the plaintiff. 8_ ~IAL-INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOmNG SERVICE: SHERIFf 01' YO!RK "COUNTY " -Cumberland ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMB[RL~ND .._-~ NOTE ON1.,Y..AJ:>>PLlCABLE ON WAIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sh~riff levYing upon or attaching ariy propertY- under within writ may leave 8;amEt.wlthoutJi watchman, in custody of whomever Is found In possessIon, after notifying person of levy or allachment, without liability on the part of such deputy or the sheriffT6 any ~ plaintiff h8rern1or any loss, destruction, or removal of any property before sheriffs sale thereof. . 9.~TIF. ~~D ~QDRESS of ATTORNEY/ORIGINATOR and SIGNATURE '"" - - 10. TELEPHONE NUMBER RRl ~ALA~AN & BALABAN 27 N. FRONT ST. PO 80X 123~ ~ARRISBURG. PA ~ 1, ... ~ ::7 12G\.,~BI!\l.1!~W' SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to-be mailed). ~ CO. SHERIFF ,. !AC 13. 1 acknowledge receipt of the writ ortompla1nt as indicated above. 11. DATE FilED 4-24-01 > r LOW.fOFfU E OF T E SIiE IF 0 Y ~ SIGNATURE OF AUTHORIZEO 1.a.K ~. AHRENS OT WR T --B L W T IS IN t4. Date Received ~-25-01 15. Expiration/Hearing Date ~ ~1 _'C.,"" POST.E;D. ( J POEt ) sHERiFF'S OFF [ ).,:,. OTHER [ ) SEE REMbRKS HERE IF NOT SHOWj.,fASOVE (Rehitlonsh-ip to Defendant) Date I Time' Miles I I , I 22. REMARKS: 41.AFFlRMJ$ in(j' subscri~~dfu:41i~~ n;; iliis' J~ '.... '({j,I' ,', 42. day of -''!"-!"'AY :' '1~~ t...p 40. Cost Due od:iefund-- r" ~ 23. Advance Costs ;J r -- 44. Signature_ of I ') 11 riff -I! /1 45. Signature of York County Sheriff so f1..( "1- .<J,f 14./ i /]9/."':> J 48 ate- 43, (\ re 0 ore!gn Sheriff ,4'"",," .-:<- ~.> - r .~ ~ r"' o.......r,-----. 5-4-01 49. Date 51. Date Received 1. WHITE * rseuing ~uthority 2. PINK. Attomey 3. CANARY. Sheriff's Office 4. BLUE - Sheriff's Office t-. I'~ ~ ,"io, '--;:.......~..................;.......-- ~~ .-..;.... -.-~- COUNTY OF YORK .~ ~ ~...... l;roti l:-~' f OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST" Y<JflK. rA 17401 " , INSTRUCTIONS SHERIFF SERVICE , , . ,PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETUf!N ';,00 NOT DETACH ANY COpiES. ...,.. 1, PlAINTll'l1SI 2. COURT NUMBER " - " :ljlhe Fairville COW1JC"ny, f,.p r . " 4. TYPE OF WRIT OR COMPLAINT , - 3. DEFENDmT/Sl ~';0t ice " C':JmulRint" Shaull Equip",ent & Supply ,,~ 11'lc. '-'-"., SERVE 5. NAME OF INDIVIDUAL, COMPANY, COAPORATION. ETC. TO SERVE OF!: DE$C13J?TI0N OF PRuPERTY TO BE LEVIED, ATIACI:lED, OR SOLD~ . . ~r-i fHi !-- -; trh 6. ADDRESS (STREET OR RfD WITH BOX NUMBER, APT NO., CITY. BORa. TWP., STATE AND ,zIP CODE AT .-; ,1 E To;~n leWf)0<1. T,aoe r-1~11 ;:f~+- .~ '" ~ . l- 7_ INDICATE SERVICE: IJ PERSONAL 0 PERSON IN CHARGE ~ _0 D.EPUTIZE \_ u., b CERT. woe 0 1 ST CLAS~MAIL 0 POSTED 0 OTHER. NOW' ! '" '" I. 1L_____I,Jl-':!E-"UFFQil'Y'QI=!I<'~QlJt(rX;!'A,.QQ I!.,!!,"by- deputize the sheriff of , ..,' U.L ~ _", . .. C01H!T'UQ ~x,,-c,ut'!,.!l1is\VrjLe_ndmakJ'returntl1ereot, ac"grding to law, TillS deputation beIng made at the request and risk of the plaintiff, B. S,~IAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASStST'1N EXPEDtTTNG SERVICE: S1:l_E_RI~X OF Y~R :.:cOUNTY ''''-~~' -Cumberland " OUT OF COUNTY CUMBERL!\llD ADVANCED FEE PAIn BY SHERIFF , ~ NOTE ONLJ:...APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon .or' attaching any property under wilhin writ may leave "" s.arne,witho~!-~ watchman, In custody of whomever is found in possession, after notifying person of levy or attachment, without liability on th.e part of such deputy or the sheriff To any plaintiff here!D for any loss, destruction, or removal of any property before sheriffs sale thereof. 9.J:YP.t:_~1\tlD AQDRESS of ATTORNEY/ORIGINATOR and SIGNATURE _ 10 TELEPJiONE NUMBER "~IX"~,tlALAtlAN & BALABAN 27 N. FRONT ST. PO BOX 12~4 ~ARRISBURG. pp . i 12G1~B F!Rt!~ SERVICE COPY TO NAME.AND ADDRESS BELOW; (TI1ls area must be completed- if notice is to b'e mailed). ~ CO. SHERI FF 11.-oATE fiLED' 4-24-01 ..., , fl. EB 0 HIS LINE :-:'.c.' .~ '.j' . SPAC~aELO . 13. I acknowledge receipt of the writ or tomplciint as indicated above. 14. Date Received ~-25-01 15. Expiration/Hearing Date ~ J:t' RESIDENCE' . POSteD ( , PDE( SHER!FF'S OFF ( ).:.: OTHER ( ), SEE REM.Afl.KS o because 1 al}l unable to locate the individual, company, corporation, etc, named above. VEO / Um: AD R HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 22. REMARJ(S: .:.\ -i1.AFARME5~d SUbSCrib~1fu:6';!g~e m--~ ttiis .. .~~ ~, . 'a! ' " '2,dayot ,'~AY . , 43, it. ;',.-, I I I, '" 48. ate 'v ..;:; 23. Advance Costs .;:::S r- -- /' C .4' ,l--' 1..> r i~--C 5 - 'Hll 49. Date Igna ure 0 reign JR Coun Sheriff 50.1 ACKN~DGE RECEI OF T1-IE SHERIFF'S RETURN SIGNATURE OF A1JT}jOl=lIZED ISSUING AUTHORITY AND TITLE . 1. WHITE -ISSUing ~hority '2. PINK. Attorney 3. CANARY - Sheriff's Office 4. BLUE. S.heriffs Office 51. Dale Received ~ .~._~~~ {m ~__~ ~ .t',,;,-.l, ' . " < ,,'~ , ".'. ,1,_> ",-',/:,:, ~'~- .1,"" , ,'.' --o-~:t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE FAIRVlLLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMlGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT BY DEFAULT To the Prothonotary: Kindly enter judgment in favor of the Plaintiff, The Fairville Company, L.P., and against Defendant Deborah Smigelsky and Defendant Brian Fitch, jointly and severally, for want of an answer, and assess the Plaintiff damages as follows: Amount claimed in Plaintiffs Complaint $25,557.66 Interest from April 24, 2001 @ 6% 180,65 Sub-total: $25,73831 Court Costs (to be applied by Prothonotary) $ TOTAL: $ It is certified that a written notice of intention to file this praecipe was mailed to the above- named defendants against whom judgment is to be entered and to their attorney of record, if any, .. ",', ,'-- , ~""" -,,;:,,,-.. --: c.,.', .,._~;." '.-',,-, MliIooii;.!iiilI&!I'&"-:;"'P: after the default occurred and at least 1 0 days prior to the date of the filing of this praecipe. True and correct copies of the Pa. R.Civ,P, Rule 237. 1 (a)(2) Notices to Defendants Deborah Smigelsky and Brian Fitch are attached hereto as Exhibit "A", Respectfully submitted, BALABAN AND BALABAN t>>?OI By: ichael V Brown Attorney .D. #79984 27 N, Front Street P. O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff 2 -....._.J.. ,_~ '..:...l.L J u. ""<-~~,;.; '" 0 ~ r-F=\\[,"': 1[' h d}l II;=!) " IN THE COURT OF COMMON PLEAS ..'" '>:,) I' CUMBERLAND COUNTY, PENNSYLVANIA' " THE FAIRVlLLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CML TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED To: DEBORAH SMIGELSKY, Defendant Date of Notice: May 22, 2001 IMPORTANT NOTICE PURSUANT TO PA. R.Civ.P. RULE 237.1(a)(2). YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA YLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LA WYERAT ONCE. IF YOU DONOTHA VEALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET . LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 .' BALABAN ANt> BALABAN BY:~~~ Michael . Brown ~ Attorney 1.0, #79984 ' 27 N. Front Street P. 0, Box 1284 Harrisburg, P A 17108-1284 (717) 234-3282 Attorney for Plaintiff IEXHIBILtL I .....,-= ~~ .;,," ~ ,"'_-C "1';& CERTIFICATE OF SERVICE AND NOW, this 2200 day of May 2001, I, Michael V, Brown, Esquire, hereby certify that on this day, I served a true and correct copy of the foregoing Pa. R.Civ,P. Rule 237.1 (a)(2) Notice of Praecipe to Enter Judgment By Default upon the following individuals by placing this document in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: John W. Purcell, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 Attorney for Defendant Shaull Equipment and Supply Company Deborah Smigelsky 448 Tanglewood Lane Dallastown, P A 17313 Brian Fitch 448 Tanglewood Lane Dallastown, P A 17313 BY~ cha.el V. rown 2 . I "1;'~-'" -'~il'!i.' ~{.,; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA cc (Q \P'::~ I THE FAIRVlLLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED To: BRIAN FITCH, Defendant Date of Notice: May 22, 2001 IMPORTANT NOTICE PURSUANT TO PA. R.Civ.P. RULE 237.1(a)(2). YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TIIE COURT YOUR DEFENSES OR OBJECTIONS TO TIIECLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACTWITIllNTENDA YS FROMTIIEDATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIERIMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 By: BALABAN AND BALABAN ~L.4#- chael V. rown Attorney I.D, #79984 27 N. Front Street p, O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 ----- Attorney for Plaintiff "-~ I > ;i .' t ~ 0:, CERTIFICATE OF SERVICE AND NOW, this 22nd day of May 2001, I, Michael V. Brown, Esquire, hereby certify that on this day, I served a true and correct copy of the foregoing Pa. R.Civ.P. Rule 237.1(a)(2) Notice of Praeeipe to Enter Judgment By Default upon the following individuals by placing this document in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: John W. Purcell, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 Attorney for Defendant Shaull Equipment and Supply Company Deborah Smigelsky 448 Tanglewood Lane DaIlastown, P A 17313. Brian Fitch 448 Tanglewood Lane DaIlastown, P A 17313 By )Z,-~.4 el V. rown 2 _.l. _~ ~ "__. .. ~;'< ,',--' -;i'"-;'.,, "'to ,'",- ~-,;~ CERTIFICATE OF SERVICE AND NOW, this 7th day of June 2001, I, Michael V. Brown, Esquire, hereby certifY that on this day, I served a true and correct copy of the foregoing Praecipe to Enter Judgment By Default upon the following individuals by placing this document in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Brian Fitch 448 Tanglewood Lane Dallastown, P A 17313 Deborah Smigelsky 448 Tanglewood Lane Dallastown, P A 17313 John W. Purcell, k, Esquire Purcell, Krug & Haller 1 719 North Front Street Harrisburg, PA 17102-2392 Attorney for Defendant Shaull Equipment and Supply Company ~~~ ~~--- G:\B&B\CLIENTS\949\defaultl ~-~ -=-"" . -. "ll.'bt~):, -' /;::,"> i< '. \ : (, ,) \\,:,' 11 ,(, OM' 'I i ~~j Ll ,j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMlGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT TO; Brian Fitch, Defendant Pursuant to the requirements ofPa. R.C,P. 236, you are hereby notified that on the 4- day of June 2001 the following Judgment has been entered against you by default in the above"captioned case, . - <7?1 Judgment was entered against you in the amount of $ 0( 6, 7 J 6 ' and in favor of The Fairville Company, L.P. {p - ~ 01 ~I!,~ Prothonotary .. ~ Date I hereby certify that the names and addresses of the proper persons to receive this notice are; Brian Fitch 448 Tanglewood Lane Dallastown, P A 17313 Deborah Smigelsky 448 Tanglewood Lane Dallastown, P A 17313 Defendant . Defendant '..,~'<- I,~ ," - " .~ John W, Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102-2392 Attorney for Defendant Shaull Equipment and Supply Company ~~~ Michael ,Brown, Esquire Attorney for Plaintiff G:\B&B\CLIENTS\949\NOTICEENTRY2 ....... . " j~{;, ---- .~ ," '~..-~ L...i<i.".....it'" ~~ r--~" '" ~., I' j r~""1'~ -\ '>'\.l/ I)' ~ I r::~/ \'1'( - L.J U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMlGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT TO: Deborah Smigelsky, Defendant Pursuant to the requirements ofPa. R.C.P. 236, you are hereby notified that on the 1 day of June 2001 the following Judgment has been entered against you by default in the above-captioned case. Judgment was entered against you in the amount of $ and in favor of The Fairville Company, L.P, {; ~ r - 01 Date (1~ Prothonotary d6. 7~r, 1/ R~f' I hereby certify that the names and addresses of the proper persons to receive this notice are: Brian Fitch 448 Tanglewood Lane Dallastown, P A 17313 Deborah Smigelsky 448 Tanglewood Lane Dallastown, P A 17313 Defendant Defendant , ,. ~ " c John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 Attorney for Defendant Shaull Equipment and Supply Company z4~... Attorney for Plaintiff G:\B&B\CLIENTS\949\NOTICEENTRY " "-, ~Ii;~""- ,', ':'1 (.dii1-.1lnil,r,-~jnttl~~t;[>"~liiadiJ[.,~;'hi~'''<~''"",~iiM,_;'-lliilUiW;iW~~~. \~ffit}[~~!P.""~"'f.!!l!W,qO"'" 0'''''",''''''-,''''''".., ""l""~~"",",,,,1J, ,~",,,~,,~,1;: ,,,,,"".,-~',r,',f;<>'-~c' "-'\ .'-, o__~ . " ~ .'"'1 ' ~R ~ -' ~, ~~ . , ~ ~ c:> ~ '~,~.JH ~"'~ ~~ . ,,""" 0 0 c: ~~ '-- ""OCJ.;: lT1fT\ -;...::; 2:1" , (! 7,- ---j th:2; (;l:J , '<L ~:-.-: ~=) ~ !;2CJ '"D , " ~C) -" ,"'c,:; bO ~!j f;~ ~ )>C r:- -..\ :z; 0 .". ~ :0 -( (,.;) -< ~ ~ c::" '-.j . ""-~^" , ..... . 'v~ ~ THE FAIRVILLE COMPANY, L.P. Plaintiff vs, SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, AND BRIAN FITCH, jointly and severally, Defendants ,-~,,~...~,. , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2394 CIVIL TERM : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: The Fairville Company, L.P" Plaintiff and William R. Balaban, Esquire Michael V. Brown, Esquire and Deborah Smigelsky, Defendant Brian Fitch, Defendant ,-"'-,,"' -,,-,-->,', You are hereby notified to plead to the enclosed New Matter and Cross Claim within Twenty (20) days from service hereof, or a default judgment may be entered against you, Date: June 14, 2001 PURCELL, KRUG & HALLER BY ohn . Purcell, Jr. 17 North Front Street arrisburg, PA 17102 (717) 234-4178 I.D. #29955 Attorneys for Defendants Shaull Equipment and Supply Company , _d , ~.L.... "- '.-" 1 j[jLi:.:iJi.}jf-',; THE FAIRVILLE COMPANY, L.P. Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, AND BRIAN FITCH, jointly and severally, Defendants : JURY TRIAL DEMANDED ANSWER OF SHAULL EQUIPMENT AND SUPPLY COMPANY TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted, 4. Admitted. 5, Admitted in part and denied in part. It is admitted that Fitch was an employee of Defendant Shaull. The balance of the averment is denied as a conclusion of law. 6, Denied, See New matter below, A proper claim for damages would place the claim within the limits for compulsory arbitration. BACKGROUND 7, Denied. Exhibit "A" speaks for itself. 8. Denied, Exhibit "B" speaks for itself. ^' I. " ~ ' j~- , d- "--4~<_' 9^ Denied. Exhibit "8" speaks for itself. 10. Denied. Exhibit "c" speaks for itself. 11. Denied. Exhibit "D" speaks for itself. 12. Denied as stated, Defendant Shaull made no representations directly to Plaintiff. To the extent that Defendant Fitch made representations, after reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded, In further reply, Defendant Shaull is unaware of what Plaintiff understood, and strict proof thereof is also demanded at trial. It is Defendant Shaull's belief, and Defendant Shaull therefore avers, that Defendant Fitch, operating in conjunction with Defendant Smigelsky, arranged the transaction referenced in prior paragraphs, for the sole purpose of benefitting Defendant Fitch and/or Defendant Smigelsky, and thereby committed fraud upon the Plaintiff and Defendant Shaull. Defendant Shaull further believes and therefore avers that Defendants Smigelsky and Fitch conspired with each other to defraud both Defendant Shaull and Plaintiff. 13. Denied. See response to Number 12. 14. Denied. See response to Number 12. In further reply, Exhibit "E" speaks for itself. 15. Denied as stated. However, subject to the qualifications set forth in paragraph 12 above, Defendant Shaull believes this is correct. 16. Denied as stated. Defendant Shaull believes that Defendant Smigelsky did offer to trade in a lawn tractor in the process of the transaction, 2 ~.O< ~, ,1_. ~ ,... ~~ , '1l'<~~'~&l jf"" 17. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial, However, as of the present date, Defendant Shaull has found no evidence that the tractor existed, or if it existed, who it was traded to, 18. Denied as stated. Subject to the qualifications set forth in paragraph 12 above, Defendant believes that the way the transaction was arranged as stated in this paragraph is correct. 19. Denied. Exhibit "F" speaks for itself. 20. Denied, Exhibit "F" speaks for itself. 21. Denied. Exhibit "8" speaks for itself. In further reply, the amount of indebtedness should not exceed the amount paid by the Plaintiff, 22. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at triaL.ln further reply, subject to the response set forth in paragraph 12 above, Defendant Shaull believes that credits were given, however the amount of stated indebtedness does not appear to have been calculated correctly. 23. Denied as stated. See paragraph 12 above, In further reply, Defendant has not found any evidence showing that any equipment was purchased by Defendants Smigelsky or Fitch with the funds. Defendant Smigelsky now claims that it was purchased, but stolen by someone named "Jean" (no last name) who may have absconded with it to Canada. See Plaintiff's Exhibit "H". 3 " " '"" 24. Denied in part and admitted in part. Exhibit "G" speaks for itself. Admitted that it was issued to the Payee listed thereon, The balance of the averment is denied as, after reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 25. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. Defendant believes, however that certain payments may have been made by Defendants Smigelsky and/or Fitch to reduce the indebtedness to Plaintiff. In further reply, if the Defendants made payments on the obligation, the amount due should be much lower than stated. 26, Denied. This paragraph is directed to separate Defendants and no response is required. To the extent that a response is required by the Defendant Shaull, Shaull believes that Smigelsky has not made all payments on account of the transaction. 27. Denied. See response to paragraph 26. 28. Denied. Exhibit "8" speaks for itself. 29. Denied. Exhibit "8" speaks for itself. 30. Denied. Exhibit "8" speaks for itself. 31. Denied as a conclusion of law. In further reply, see response to paragraph 27, 32. Denied. Exhibit "H" speaks for itself. 4 ,,",,,,.'< ~1!&j''')i' ~~ ..:;1 ~~ (tlJ!.lLIjjj~lf1i~ 33. Denied. Exhibits "D" and "I" speak for themselves. 34. Denied. Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, Defendant Shaull has no evidence that the Equipment ever existed. 35. Denied, Exhibit "J" speaks for itself. 36, Admitted 37. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply see responses to paragraphs 6, 21, 22 and 25 above, and New Matter below. COUNT I - BREACH OF CONTRACT The Fairville Company. L.P. v. Deborah SmiQelskv 38-41. No response required as these paragraphs are directed for response by other Defendants. COUNT II FRAUD AND MISREPRESENTATION The Fairville Company, L.P. v. Shaull Equipment and Supplv Company. Deborah SmiQelskv and Brian Fitch, iointlv and severallv 42. No response required. 43. Denied as a conclusion of law, 5 [ Il>- ~ .~. ~ ~ -~ . ~ I, Lt ';':j " ~ ,', T:H' 44. Denied as a conclusion of law. 45. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, see response to paragraph 12. 46. Denied, After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, see response to paragraph 12, 47. Denied inasmuch as Defendant Shaull was not involved in the transaction directly, but was itself defrauded by the Defendants Smigelsky and Fitch, Defendant Shaull believed in the existence of the equipment based on the representations of Defendants Smigelsky and Fitch, Also denied as a conclusion of law, 48. See response to 47. 49. Denied. If any false information was given to Plaintiff, it was as a result of the actions and fraud of the Defendants srnigelsky and/or Fitch not that of Defendant Shaull. 50, Denied, After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial. 51, Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial. 6 < ~" ~--~ . ~ ~ , . ',,~. ilf,tmiliit:> 52. Denied as a conclusion of law. 53, Denied as a conclusion of law. 54. Denied as a conclusion of law. 55, Denied as a conclusion of law. 56. Denied. Defendant Shaull has not profited from any fraudulent conduct. If any funds were retained as a result of the fraudulent conduct of the Defendants Smigelsky and/or Fitch, it was by the Defendants Smigelsky and/or Fitch. 57. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial, In further reply, if properly calculated, Plaintiff has not suffered damages in the amount claimed. 58, Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial, In further reply, if properly calculated, Plaintiff has not suffered damages in the amount claimed. 59. Denied. After reasonable investigation, Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial, In further reply, if properly calculated, Plaintiff has not suffered damages in the amount claimed. 7 -"'~ _ll'~ ., ~ . . L. . . ~ - -,-~~~ ~jl'_!\i<"Wf:'i 60, Denied as a conclusion of law and as being speculative. 61. Denied. This is a conclusion of law. Plaintiff is not entitled to punitive damages as a matter of law. COUNT'" - CONSPIRACY The Fairville Company. L.P. Y. Shaull Equipment and Supply Company, Deborah SmiaelskY and Brian Fitch. ioinQlv and severallv 62. No response required. 63, Denied as a conclusion of law. 64. Denied as a conclusion of law. 65, Denied. To the contrary, if there was any conspiracy, it was between the Defendants Smigelsky and Fitch, there was no conspiracy or intent to deceive or defraud on the part of Defendant Shaull. 66. Denied. Defendant Shaull is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof is demanded at trial. WHEREFORE, Defendant Shaull requests this Honorable Court to enter judgment in favor of the Defendant Shaull and against the Plaintiff, and dismiss the Complaint NEW MATTER 8 , ,~- , "L. " ,"". inUl!!1~(-' 67, Plaintiff had a duty to determine the veracity of the representations made to it by the Defendants, including but not limited to the existence and location of the sprayer to be used as collateral, and the existence and location of the trade in property, 68. Plaintiff had a duty to insure the collateral under it's agreements. 69. Plaintiff neglected its duty to provide insurance for the collateral. 70. Plaintiffs claims are barred by its own negligence in not verifying the existence of the collateral, and in failing to properly insure the same, thereby mitigating its damages. 71. Plaintiff has incorrectly tabulated the amount of indebtedness, by failing to give proper credit for admitted payments. 72. Using Plaintiff's figures, the total principal amount due should be only $14,296.64. 73. Plaintiff has failed to state a cause of action as to the Defendant Shaull. CROSS-CLAIM 74. Paragraphs 1 through 73 are hereby incorporated by reference as if set forth at length, 75. Defendants Smigelsky and Fitch perpetuated a fraud upon the Defendant Shaull. 76. Defendants Smigelsky and Fitch are wholly responsible for their own actions as it is the Defendants Smigelsky and Fitch who received all funds from the Plaintiff as a result of the fraudulent transaction, using Defendant Shaull as a conduit in order to effectuate the fraud. 9 ,,,-' -<~--"',""",= ' l' 1:Ml--iiliilitlii!~.-- 77. As a result of the fraud of Defendants Smigelsky and Fitch, the Defendants Smigelsky and Fitch are liable over to the Defendant Shaull, jointly and severally, for the full amount of any judgment entered against the Defendant Shaull in this matter by the Plaintiff. WHEREFORE, Defendant Shaull requests this Honorable Court to enter judgment in favor of the Defendant Shaull and against Defendants Smigelsky and Fitch, for the full amount of any judgment rendered against Defendant Shaull by the Plaintiff, plus interest and costs of suit. Respectfully submitted, PURCELL, KRUG & HALLER BY J n W. cell, Jr. .0. #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 10 ),C, ~. ~- .'~ .,,;. .,_"t~.-c____'-> . '.;.","--.....-~.;:J-__~ VERI FICA TION I verify that the statements made in the foregoing Answer of Shaull Complaint Equipment and Supply Company to are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. fJ4904 relating to unswomfalsification to authorities, Lester W. Ginanni, Jr. Vice President of Sales Date: June 14, 2001 ~:. "' ~"'~~, ~., .~~-w<iO~ ~ j" ~ , ~"~ ~ hliiii1'\lltlItiU'-;!{,l'^ . . CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Defendant Shaull Equipment and Supply Company, hereby certify that a true and correct copy of the foregoing was served on the following by sending said copy to following by first class U.S. mail on June 14, 2001: William R. Balaban, Esquire Michael V. Brown, Equire Balaban and Balaban 27 North Front Street P,Q. Box 1284 Harrisburg, PA 17108 Attorneys for The Fairville Company, L.P., Plaintiff Deborah Smigelsky, Defendant 448 Tanglewood Lane Dallastown, PA 17313 Brian Fitch, Defendant 448 Tanglewood Lane Dallastown, P A 17313 , "", " "--<"'";' ',. _,. --'. ",- '-'" !_,i'i,:.;'__":'_""",,;,;,_ ~. - '''., ., ,~ ", "'!' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE FAIRVILLE COMPANY, L.P. Plaintiff CIVIL ACTION v. No. 01-2394 CIVIL TERM SHAULL EQUIPMENT AND SUPPLY COMPANY, DEBORAH SMIGELSKY, and, BRIAN FITCH, jointly and severally, Defendants JURY TRIAL DEMANDED REPLY TO NEW MATTER OF DEFENDANT SHAULL EQUIPMENT AND SUPPLY COMPANY AND NOW, this 6th day of July 2001, comes the Plaintiff, The Fairville Company, L.P" by and through its attorneys Balaban and Balaban, and files this Reply to the New Matter of Defendant Shaull Equipment and Supply Company: 67-70. Denied as conclusions of law to which no response is legally required, 71. Denied as a conclusion oflaw to which no response is legally required. To the extent a response it required, the averment in paragraph 71 of Defendant's New Matter is specifically denied and proof thereof demanded at trial. By way of further response, replying Plaintiff directs Defendant to paragraphs 14 and 22 of the Plaintiff's Complaint which said paragraphs are incorporated herein as if fully restated in their entirety . . ,~ , . . .__c .~"_',\",,-,.,,6..__ "^~ :,b , 72. Denied as a conclusion oflaw to which no response is legally required. To the extent a response is required, the averment in paragraph 72 of Defendant's New Matter is specifically denied and proof thereof demanded at trial, By way offurtherresponse, replying Plaintiff directs Defendant to paragraphs 7, 8, 13, 14, 16, 18, 19,21,22,24, 25,28 & 37 of Plaintiffs Complaint which said paragraphs are incorporated herein as if fully restated in their entirety, 73. Denied as a conclusion of law to which no response is legally required. WHEREFORE Plaintiff, The Fairville Company, LP, requests this honorable Court to enter judgment in its favor and against Defendants Shaull Equipment and Supply Company and to award damages to Plaintiff as prayed for in Plaintiffs Complaint. By: Respectfully submitted, ~:lBB~' I.D. #19334 Michael V. Brown, Esquire I.D, #79984 Balaban and Balaban 27 N. Front Street P.O, Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 (voice) (717) 233-4264 (facsimile) attorneys@balabanlaw,com Date: July 6, 2001 2 '"'~~- .,,,,-< . '", " ~^' " VERIFICATION I, Michael V. Brown, Esquire, attorney for the Plaintiff, hereby state, subject to the penalties of 18 Pa, CS. 94904 relating to unsworn falsification to authorities, that I am authorized to make this verification, and that the facts set forth in the foregoing attached Reply to New Matter are true and correct to the best of my knowledge, information and belief. This verification is made pursuant to Pa, R.Civ,P. Rule 1024(a) & (c), and is based upon Plaintiff's discovery efforts and documents on file with this Court Plaintiff is outside the jurisdiction of this Court and its verification cannot be obtained within the time allowed for this filing and will be supplemented, ~~dL Dated: July 6, 2001 .-'o->1;.;inl''''''"' - ~. .~ , " .' , .. _',. ,["~..,,,..,,.' ~_ ",-- ....,C'..;. '+' ." ,","~", ;, " . CERTIFICATE OF SERVICE AND NOW, this 6th day of July 2001, I, Michael V, Brown, Esquire, hereby certify that on this day, I served a true and correct copy ofthe foregoing Reply to New Matter of Defendant Shaull Equipment and Supply Company upon the following individuals by placing this document in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Deborah Smigelsky 448 Tanglewood Lane Dallastown, P A 17313 Brian Fitch 448 Tanglewood Lane Dallastown, P A 17313 John W. Purcell, Jr. Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Attorney for Defendant Shaull Equipment and Supply Company By:~L lchael . Brown /" G:\B&B\CLlENTS\949\certl.svc