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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Citicapital Commercial Corporation,
Assignee of Fumival Machinery Company
3950 Regent Boulevard, Mail Stop S213-230:
Irving, TX 75063
Plaintiff
V.
Albright, LLC
236 Erford Road
Camp Hill, PA 17011
and
William T. Phillipy
236 Erford Road
Camp Hill, PA 17011
and
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA 17011
Defendants
NO. C.w..? Ali.
NOTICE TO DEFEND
"You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you."
"YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
370334-1
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE."
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4T" FLOOR
CARLISLE, PA 17013
(717) 240-6200
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABODAGO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4T" FLOOR
CARLISLE, PA 17013
(717) 240-6200
370334-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
3950 Regent Boulevard, Mail Stop S213-230:
Irving, TX 75063
Plaintiff
V.
Albright, LLC
236 Erford Road
Camp Hill, PA 17011
and
William T. Phillipy
236 Erford Road
Camp Hill, PA 17011
and
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA 17011
NO. 07- 3 Cux l 1 ?.
Defendants
COMPLAINT
Plaintiff, CitiCapital Commercial Corporation, Assignee of Furnival Machinery
Company, by and through its undersigned attorneys, Lamm Rubenstone Lesavoy Butz & David
LLC, brings this action against the above-named Defendants, Albright, LLC, William T. Phillipy
and Patricia R. Phillipy, and in support thereof avers as follows:
1. Plaintiff, CitiCapital Commercial Corporation ("CitiCapital"), Assignee of
Furnival Machinery Company ("Furnival"), is a corporation organized and existing under the
laws of State of Delaware with a place of business located at 3950 Regent Boulevard, South 2,
Irving, TX 75063.
2. Defendant, Albright, LLC, ("Albright") is, upon information and belief, a limited
liability company registered in the Commonwealth of Pennsylvania, whose last known address to
Citicapital is 236 Erford Road, Camp Hill, PA 17011.
3. Defendant, William T. Phillipy ("William Phillipy") is, upon information and
belief, an adult individual whose last known address to Citicapital is 236 Erford Road, Camp
Hill, PA 17011.
4. Defendant, Patricia R. Phillipy ("Patricia Phillipy") is, upon information and
belief, an adult individual whose last known address to Citicapital is 236 Erford Road, Camp
Hill, PA 17011.
5. On or about April 21, 2006, Furnival and Albright entered into a certain Security
Agreement - Conditional Sale Contract ("Agreement') that provided for the conditional sale of a
certain CEC Screen Plant Road Runner, as more particularly described therein ("Equipment').
A true and correct copy of the Agreement is attached hereto, incorporated herein, and marked as
Exhibit "A."
6. The Agreement requires Albright to, inter alia, make twenty-four (24) successive
monthly installments in the amount of $2,287.36 each, commencing June 1, 2006 until the entire
obligation of the Agreement is paid in full.
7. On or about April 21, 2006, William Phillipy and Patricia Phillipy each executed
a Continuing Guaranty whereby they jointly and severally and in solido, unconditionally
guaranteed to Furnival, its successors, endorsees and assigns, that Albright shall promptly and
fully perform, pay and discharge all of its present and future liabilities, obligations and
370334-1
indebtedness to Furnival, whether direct or indirect, joint or several, absolute or continued,
secured or unsecured, matured or unmatured and whether originally contracted or otherwise
required by Furnival. True and correct copies of the Continuing Guaranties are attached hereto
collectively as Exhibit "B".
8. Thereafter, Furnival sold, assigned and transferred all of its right, title and interest
in and to the Agreement, Continuing Guaranties, and the Equipment to Citicapital via
Assignment of Seller. A true and correct copy of the Assignment of Seller is attached hereto as
Exhibit "C".
COUNT I - BREACH OF CONTRACT
CITICAPITAL V. ALBRIGHT, WILLIAM PHILLIPY AND PATRICIA PHILLIPY
9. Citicapital incorporates by reference Paragraphs 1 through 8 as though fully set
forth herein.
10. Albright breached the terms and conditions of the Agreement, and William
Phillipy and Patricia Phillipy breached their respective Continuing Guaranties, and became in
default thereof by reason of their failure to make the monthly payment due under the Agreement
to CitiCapital for the payment due November, 2006 and all subsequent payments thereafter.
11. Despite demand for payment, Albright, William Phillipy and Patricia Phillipy
have failed and refused to pay CitiCapital the balance due, or any portion thereof, in accordance
with the terms and conditions of the Agreement and Continuing Guaranties.
12. In accordance with the terms and conditions of the Agreement and Continuing
Guaranties, Albright, William Phillipy and Patricia Phillipy are obligated and liable to
CitiCapital for the following:
Lease Payments $45,023.22
Expenses $450.00
Late Fees $1,366.85
370334-1
Interest (through 9/26/07 and per diem of $8,614.85
$22.20 thereafter)
Total $55,454.88
13. In accordance with the terms and conditions of the Agreement, Albright is liable
to CitiCapital for reasonable attorney's fees and costs presently in the amount of $2,000.00.
WHEREFORE, Plaintiff, CitiCapital Commercial Corporation demands judgment in its
favor and against Defendants, Albright, LLC, William T. Phillipy and Patricia R. Phillipy, in the
amount of $57,454.88, plus additional attorney's fees as they accrue, costs of suit, interest, and
such other relief as the Court deems just and proper.
COUNT II - REPLEVIN
CITICAPITAL V. ALBRIGHT
14. Plaintiff incorporates by reference Paragraphs I through 13 as though fully set
forth herein.
15. Pursuant to the terms and conditions of the Agreement and the Uniform
Commercial Code as enacted in Pennsylvania and by virtue of the default of Albright,
CitiCapital is entitled to immediate possession of the Equipment.
16. Albright remains in possession of the Equipment to the exclusion of CitiCapital.
17. The estimated value of the Equipment is less than the amount due and owing to
CitiCapital.
18. Although demand has been made, Albright has failed, refused and neglected to
deliver possession of the Equipment to CitiCapital.
WHEREFORE, Plaintiff, CitiCapital Commercial Corporation demands judgment in its
favor and against Defendant, Albright, LLC, for possession of the Equipment, or its equivalent
370334-1
value, plus additional attorney's fees, costs, expenses, interest and such other relief as this Court
deems just and proper.
COUNT III - CONVERSION
CITICAPITAL V. ALBRIGHT
19. Plaintiff incorporates by reference Paragraphs 1 through 18 as though fully set
forth herein.
20. Albright has interfered, without lawful justification, with CitiCapital's property
rights in the Equipment as owner of said Equipment.
21. Under the terms of the Agreement, the Equipment remains the property of
CitiCapital, and no right, title or interest in the Equipment shall pass to Albright.
22. Albright has demonstrated an intent to exercise dominion, or control over the
Equipment, which is inconsistent with CitiCapital's property rights, as established by the
conditions set forth in the Agreement and the applicable provisions of the Uniform Commercial
Code.
23. Alternatively, Albright is unreasonably withholding possession from CitiCapital
as to the Equipment, and CitiCapital has the right to immediate repossession of same.
WHEREFORE, Plaintiff, Plaintiff, CitiCapital Commercial Corporation demands
judgment in its favor and against Defendant, Albright, LLC, for possession of the Equipment, or
370334-1
its equivalent value, plus additional attorney's fees, costs, expenses, interest and such other relief
as this Court deems just and proper.
LAMM RUBENSTONE
LESAVOY BUTZ & DAVID LLC
By. -°
Esquire
Jennifer s, Esquire
Attorneys for Plaintiff
370334-1
VERIFICATION
Denise Jackson, being duly sworn according to law, verifies that she is a duly authorized
representative of Plaintiff, CitiCapital Commercial Corporation, and that she is authorized to
make this Verification on behalf of Plaintiff, that the facts set forth in the foregoing Complaint
are true and correct to the best of her knowledge, information and belief; and that she
understands that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A.
§4904 related to unsworn falsifications to authorities.
CITICAPITAL COMMERCIAL
CORPORATION n
By:
Denise Jact
Authorized
370334-1
oj
• i
SECURITY AGREEMENT citicapital
(Conditional Sale Contract)
The undersigned buyer, meaning all buyers jointly and severally ("Buyer', having been quoted both a time sale price and cash sale price, has elected to purchase
and hereby purchases from the undersigned seller ("Seller') for the time sale price shown below, under the terms and provisions of this agreement, the following
described property (herein, with all present and future attachments, accessories, replacement parts, repairs, additions, and all proceeds thereof, referred to as
'Collaterar):
(1) CEC SCREENING PLANT ROAD RUNNER SIN 94498
The Collateral will be used primarily for: ® business or commercial use other than farming operations; ? farming operations. When not in use, the
Collateral will be kept at: 236 ERFORD RD CAMP HILL PA 17011 CUMBERLAND
and, when in use, will be used only in the following State(s): PA
PAYMENT SCHEDULE: Buyer promises to pay Seller the UNPAID TIME
BALANCE (Item 7) in 24 installments as follows:
(Tats{ Na of tnsta meets)
For equal successive monthly installments:
(a) $ 2,287.36 on
06/0112006
(Dde)
and a like sum on the like date of each month thereafter until fully paid,
For other than equal successive monthly installments:
(b)
provided, however, that the flnal installment shall be in the amount of the
remaining unpaid balance.
INSURANCE COVERAGE
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND
PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED
IN THIS AGREEMENT.
PHYSICAL DAMAGE INSURANCE COVERING THE COLLATERAL IS
REQUIRED; however, Buyer has the option of fumishing the required
Insurance through an agent or broker of Buyer's choice.
Check I Applicable: [] Buyer requests and authorizes Seller to
obtain insurance coverage in the nature of "All Risk" Insurance (Fire,
extended coverage, vandalism, theft and collision and containing
exclusions from coverage acceptable to Seller) on the Collateral for
a months from the date of this Agreement, and for the premium
of $ 0.00 with a $ 0.00 deductible per
occurrence.
Description of Trade-In:
Gross Allowance $ 0.00
Less Amount Owing To:
I
-- --
Trade-In (Net Auowance) --------___
-- $
-_------ $
0.00
0.00
(FAer above Mir in
2(b?
1. (a) Selling Price
-- - ... $ 57,000.00
(b) Saks Tax $ 0.00
CASH SALE PR1CE (a + b)
2. (a) Cash Down Payment
$ $
7,000.00 $7,000.00
(b) Trade-in (See above) $ 0.00
(c) Net Rental Credit -- $ 0.00
TOTAL DOWN PAYMENT (a+b+c)
3. UNPAID BALANCE OF CASH ------- ------------- $ 7,000.00
SALE PRICE (1 Minus 2) 50,000,00
4. OTHER CHARGES
(a) Physical Damage
Insurance $ 0.00
(b) Official Fees $ 0.00
(c) Other
.................. $ 0.00
(Describe)
$ 0.00
TOTAL OTHER CHARGES (a + b + c) -..."-- -------------
------
-----
- $ 50,000.00
-
5. PRINCIPAL BALANCE (3+4) -
-
---- ------------
----------------- $ 4,546.64
6. (a) Finance Charge
(b) Administrative Fee 350.00
DEI-INQUENCY CHARGE. For each installment not paid when due, Buyer $ 4,896.64
TOTAL FINANCE CHARGE (a + b)
agrees to pay to Seller a delinquency charge calculated thereon at the rate -•--•---------------•••-------- 54,886,64
of 1 % % per month for the period of delinquency or, at Seller's option, 5% of T UNPAID TIME BALANCE (5+6) $
such installment, provided that such a delinquency charge is not prohibited 5. TIME SALE PRICE (1+4+6) $ 61,896.64
------------------------------
by law, otherwise at the highest rate Buyer can legally obligate itself to pay Annual Percentage Rate 8.50
and/or Seller can legally collect -__ , --------------- -------------------- 14 %
/. - I Cost of CredWInance Charge plus Administrative Feel --- a
Page 1 of 6 of Secu?r.?t? Agreement dated
and Fumival Mafhinery Company
number. 94498 r
621626 Rev. 1.11 09/2004
Comml Non-Veh•Vadous States (R.D.)
CITICAPITAL Is a service mark of Citicorp
ALBRIGHT LLC
^ (BUY-)
(Serer) which includes, without limitation, an hem of Collateral with the toilovnnpserial
ORIGINAL FOR CITICAPITAL
1.273822.2.0 XC:20060412091420
er's In
A member of cftlgroupi
1.0 THE COLLATERAL
1.1 Down Payment and Disclaimer. Buyer represents and warrants that (a) any check or Instrument presented to Seller as any portion of a "Cash Down
Payment" indicated on the first page of this Agreement represents funds immediately available to Seller and will not be returned or dishonored for any
reason; and (b) Buyer has title to and the full right and authority to convey title to any Trade-In listed on the first page of this Agreement and, upon payment
to the party fisted on the first page of this Agreement (if any) of the amount indicated. Seller shall have title to the Trade-In free and dear of any lien, claim,
security interest or other interest of any party other than those claiming by through or under Seller. There are no warranties other than those made by the
manufacturer of the Collateral. SELLER MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY,
WORKMANSHIP, DESIGN, MERCHANTABILITY, SUITABILITY, OR FITNESS OF THE COLLATERAL FOR ANY PARTICULAR PURPOSE, OR ANY
OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, unless such warranties are in writing and signed by Seller. Seller
shall not under any circumstances be liable for loss of anticipatory profits or for consequential damages.
1.2 Collateral Receipt and Use. Buyer warrants and agrees that the Collateral was delivered to and accepted by Buyer in satisfactory condition: the
Collateral will be used solely for business purposes; the Collateral is free from and will be kept free from all liens, claims, security interests and
encumbrance other than that created hereby; notwithstanding Seller's claim to proceeds, Buyer will not, without Seller's prior written consent, sell, rent, tend
encumber, pledge, transfer, secrete or otherwise dispose of any of the Collateral, nor will Buyer permit any such act; the Collateral wig be maintained in
good operating condition, repair and appearance, and will be used and operated with care, only by qualified personnel in the regular course of Buyer's
business and in conformity with all applicable governmental laws and regulations; the Collateral shall remain personal property and not become part of any
real property regardless of the manner of affixation; Seller may inspect the Collateral and all books and records relating to the Collateral or Buyer's
performance under this Agreement at all reasonable times and from time to time; the Collateral will be kept by Buyer at Buyers place of business which is
indicated immediately below Buyer's signature and will not be removed from said location without the prior written consent of Seller, except that an item of
Collateral which is mobile and of a type normally used at more than one location may be used by Buyer away from said location in the regular course of
Buyer's business provided that (a) such item is not removed from the United States, and (b) if such Item is not returned to said location within 30 days,
Buyer will immediately upon Seller's request, and each 30 days thereafter until the item is returned, report the then current location thereof to Seller in
writing.
1.3 Insurance. Buyer shall at all times bear all risk of loss of, damage to or destruction of the Collateral. Buyer agrees to procure forthwith and maintain
insurance on the Collateral, for the actual cash value thereof and for the fife of this agreement, in the form of Fire Insurance with Combined Additional
Coverage and Collision, Theft and/or Vandalism and Malicious Mischief Coverage when appropriate, plus such other insurance as Seller may specify from
time to time, all in form and amount and with insurers satisfactory to Seller. Buyer agrees to deliver promptly to Seller certificates or if requested, policies of
insurance satisfactory to Seller, each with a standard long form loss payable endorsement naming Seller or its assigns as loss payee as their interests may
appear. Each policy shall provide that Seller's interest therein will not be invalidated by the ads omissions or neglect of anyone other than Seller, and will
contain insurer's agreement to give 30 days prior written notice to Seller before cancellation of or any material change in the policy will be effective as to
Seller, whether such cancellation or change is at the direction of Buyer or insurer. Seller's acceptance of policies in lesser amounts or risks will not be a
waiver of Buyers foregoing obligation. Buyer assigns to Seller all proceeds of any physical damage insurance maintained by Buyer with respect to the
Collateral and any and ail returned premiums, up to the amount owing hereunder by Buyer. Buyer directs all insurers to pay such proceeds dkectty to Seller.
Buyer authorizes Seller to endorse Buyer's name to all remittances without the joinder of Buyer.
2.0 SECURITY INTEREST
2.1 Security Interest. Seller retains title to and Buyer hereby grants Seller a first and perfected security interest In the Collateral to secure payment of the Time
Balance indicated on first page of this Agreement and all other obligations of Buyer to Seller under this Agreement. Buyer further grants to Seller, Seller's
successors and assigns and any Affiliate of any of them a security interest in the Collateral (separate and distinct from and subordinate only to the security
interest granted to Seller above) to secure the payment and performance of all now existing or hereafter arising debts, liabilities and obligations of Buyer of
every kind and character whether now existing or hereafter arising, and whether direct, indirect, absolute, contingent, primary, secondary, or otherwise, to
Seller or Seller's successors or assigns and any Affiliate of any of them, whether under this Agreement or any other agreement, and whether due directly or
acquired by assignment ("Liabilities"). For the purposes of this Agreement, an "Affiliate" of any party means and includes any direct or indirect parent,
subsidiary or sister entity of that party. Any sums at any time owing to Buyer and in the possession of Seller or any such Affiliate shall secure the Liabilities
of Buyer to Seller and any Affiliate of Seller. Upon any assignment of this Agreement by Seller, the security interests granted herein will be assigned to and
inure to the benefit of such assignee and the Affiliates of such assignee. The security Interests granted herein shall continue to be effective regardless of
any retaking or redelivery of the Collateral to Buyer.
2.2 Perfection and Preservation of Security Interest. Buyer agrees, at its own cost and expense: to do everything necessary or expedient to perfect and
preserve the security interests of Seller obtained hereunder; to extinguish or defend any action, proceeding or claim affecting the Collateral including but not
limited to any mechanic's lien, forfeiture action or proceeding; and to pay promptly any taxes, assessments, license fees and other public or private charges
when levied or assessed against the Collateral, this agreement or an accompanying note. Buyer authorizes Seller or any officer, employee or designee of
Seller or any assignee of Seller (or any designee of such assignee) to file a financing statement describing the Collateral for itself and as representative of
its Affiliates. Buyer agrees to execute and deliver to Seller, upon Seller's request, such documents, writings, records and assurances as Seller deems
necessary or advisable for the confirmation or perfection of the security interest in the Collateral and Seller's rights hereunder, including such documents,
writings, records and assurances as Seller may require for filing or recording.
2.3 Location of Buyer. () If Buyer is a corporation, limited liability company, limited partnership or other registered organization, its state of organization is in
the state set forth immediately below its signature on the last page of this Agreement and Buyer agrees that it will not change its form or state of
organization without 30 days prior written notice to Seller. () If Buyer is an individual, his/her principal place of residence is at the address set forth
immediately below his/her signature on the last page of this Agreement and, if Buyer changes Buyer's principal residence, Buyer will notify Seller in writing
of a change in his/her principal place of residence within 30 days of such change. Buyer agrees to reimburse Seller for all costs incurred by Seller related
to any such change.
Page 2 of 6 of Security Agreemehd dated between ALBRIGHT LLC (Buyer)
and Fuvaall machineily om ant (Selef) which includes, without /irritation, an item of Collateral with the following serial
number
621626 Rev. 1.11 092004 ORIGINAL FOR CITICAPITAL Buyer's 'tials
Comm') Non-Veh-Various States (R.O.)
1.273822.2.0 XC:20060412091420
3,0 ACCOUNT MANAGEMENT AND PAYMENT PROCESSING
3.1 Application of Payments. All payments made by Buyer to Seller pursuant to this Agreement may be applied first to any Indebtedness which is not
secured, then to delinquency charges, then to finance charges, then to insurance payments, then to any other fees or other amounts payable hereunder
other than the Liabilities secured by a purchase money security interest In the Collateral, until all of such Liabilities are paid in full, and then to the Liabilities
secured by a purchase money security interest In the Collateral In the order in which the Liabilities were Incurred. This provision controls over any
conflicting provision or language in this Agreement or in any other agreement between Seller and Buyer unless the parties mutually agree in writing-In a
subsequent agreement to override this provision.
3.2 Debit Transactions. Seller or any assignee or other holder of this Agreement (collectively "Holder") may but shall not be required to offer Buyer the
option of paying any of Buyer's obligations to Holder through printed or electronic checks, drafts or charges ("Debit Transactions"). Each such Debit
Transaction may be orally authorized by Buyer, any representative or officer of Buyer or any other party having access to or control of the account upon
which the Debit Transaction is to be charged. Buyer authorizes Holder or any officer, employee or designee of Holder to initiate Debit Transactions from
Buyer's account in the verbally authorized amount plus the Holder's then Debit Transaction Fee. This authorization may be canceled at any time by Buyer
giving at least three-business day's prior written notice to Buyer's bank and Holder. Buyer authorizes Holder to substitute a Debit Transaction for any check
or other remittance submitted by Buyer In the amount of that remittance. Payment by Debit Transactions is not required by Seller nor is its use a factor in
the approval of credit.
3.3 Payment Processing. Buyer hereby agrees that any payment made by Buyer hereunder by remittance and received by Seller at an address other than the
address specified on the related invoice may be replaced by the Holder with a substitute written or electronic instrument of equal amount and presented to
Buyer's financial Institution for payment from the account referenced on the remittance from Buyer.
3.4 Returned Payments. In the event that a check, draft or other remittance sent by Buyer or a Debit Transaction authorized by Buyer is returned unpaid or
rejected for any reason other than the lack of a proper endorsement by Seller, Seller agrees that the application of such payment to Buyer's Liabilities will be
reversed and Buyer agrees to immediately pay Seller the amount of such returned payment, plus any delinquency charge accruing as the result of the
reversal of any such payment. Buyer further agrees to pay Setter any amount charged to Seller by any depositary institution because of such return and an
additional handling charge in the amount, if any, equal to $20, or in the event applicable law limits or restricts the amount of such reimbursement and/or
handling charge, the amounts chargeable under this provision will be limited and/or restricted in accordance with applicable law.
3.5 Authorization to Share Information. Seller or any assignee of this Agreement may receive from and disclose to any assignee of Seller or any Affiliate of
either of them, the seller or manufacturer of any Equipment, any Guarantor or other parry having a disclosed or undisclosed obligation related to the
Liabilities or Collateral, or any potential purchaser, participant or investor in Buyer's Liabilities or any assignee or affiliate of any of them (herein collectively,
the "Entity"), and any credit reporting agency for any purpose, information about Buyer's accounts, credit application and credit experience with Seller or
any Entity. Buyer authorizes any Entity to release to Seller or any assignee, or any Affiliate of either of them any information related to Buyer's accounts,
credit experience and account information regarding Buyer. This shag be continuing authorization for all present and future disclosures of Buyer's
account information, credit application and credit experience on Buyer made by Seller, or any Entity requested.
4.0 PERFORMANCE BY SELLER
4.1 Performance. If Buyer fails to perform any of its obligations hereunder, including, without limitation, Buyer's obligation to insure the Collateral or to protect
and preserve the security interest of Buyer, Seller may perform the same, but shall not be obligated to do so, for the account of Buyer to protect the interest
of Seller or Buyer or both, at Sellers option, Buyer shall immediately repay to Seller any amounts paid by Seller together with interest thereon at the rate
payable upon acceleration of Buyer's obligations under this Agreement. Performance by Seller will not constitute a waiver of any default by Buyer.
4.2 Power of Attorney. BUYER HEREBY APPOINTS SELLER OR ANY OFFICER, EMPLOYEE OR DESIGNEE OF SELLER, OR ANY ASSIGNEE OF
SELLER (OR ANY DESIGNEE OF SUCH ASSIGNEE) AS BUYER'S ATTORNEY IN FACT TO, IN BUYER'S OR SELLER'S NAME: (a) PREPARE,
EXECUTE AND SUBMIT ANY NOTICE OR PROOF OF LOSS IN ORDER TO REALIZE THE BENEFITS OF ANY INSURANCE POLICY INSURING THE
COLLATERAL; (b) PREPARE, EXECUTE AND FILE ANY AGREEMENT, DOCUMENT, FINANCING STATEMENT, TITLE APPLICATION, INSTRUMENT
(OR ANY OTHER WRITING OR RECORD) THAT, IN SELLER'S OPINION, IS NECESSARY TO PERFECT AND/OR GIVE PUBLIC NOTICE OF THE
INTERESTS OF SELLER IN ANY COLLATERAL THAT SECURES OR THAT MAY SECURE ANY OBLIGATIONS OR INDEBTEDNESS OF BUYER TO
SELLER; AND (c) ENDORSE BUYER'S NAME ON ANY REMITTANCE REPRESENTING PROCEEDS OF ANY INSURANCE RELATING TO THE
COLLATERAL OR THE PROCEEDS OF THE SALE, LEASE OR OTHER DISPOSITION OF THE COLLATERAL (VNHETHER OR NOT THE SAME IS A
DEFAULT HEREUNDER). This power Is coupled with an interest and is irrevocable as long as any Liabilities remain unpaid.
5.0 DEFAULT AND REMEDIES
5.1 Events of Default. Time is of the essence. An event of default shall occur if: (a) Buyer fails to pay when due any amount owed by it to Seller, any
assignee or any Affiliate, successor or assign of either of them under this Agreement or under the terms of any promissory note delivered in conjunction with
this Agreement; (b) or if Buyer fails to pay any Liabilities when due to Seller or an assignee or any Affiliate. successor or assign of either of them or is
otherwise in default under any other document, agreement or instrument; (c) Buyer defaults under the terms of any secured Indebtedness or indebtedness
of a material amount to any other party; (d) Buyer fails to perform or observe any other term or provision to be performed or observed by it hereunder or
under any other instrument or agreement furnished by Buyer to Seller or an assignee or to any Affiliate, successor or assign of either of them or otherwise
acquired by Seger or an assignee or any Affiliate, successor or assign of either of them; (e) Buyer becomes insolvent or ceases to do business as a going
concern; (f) any of the Collateral is lost or destroyed, (g) Buyer makes an assignment for the benefit of creditors or takes advantage of any law for the relief
of debtors; (h) a petition in bankruptcy or for an arrangement reorganization, or simitar relief Is filed by or against Buyer, (1) any property of Buyer is
attached, or a trustee or receiver is appointed for Buyer or for substantial part of its property, or Buyer applies for such appointment; (I) Seller In good faith
believes that the prospect of payment or performance hereunder is impaired; (k) Buyer fails to pay any final judgment, court order, or, for sovereign
borrowers, any declaration of moratorium; (Q if there shall occur an appropriation, confiscation, retention, or seizure of control, custody or possession of any
Collateral by any govemmental authority including without limitation, any municipal, state, federal or other governmental entity or any governmental agency
or Instrumentality (all such entities, agencies and instrumentalities shall hereinafter be collectively referred to as 'Governmental Authority;
Page 3 of 6 of Security Agreement dated 1' between ALBRIGHT LLC (Buyer)
and pumlval Machinery Comnanv (Seller) which includes, without limitation, an item of Collateral with the following serial
number. 94498
621626 Non-VeltaVanous ates (R. D.) ORIGINAL FOR CRICAPITAL Bu is 1 "
1.273822.2.0 XC:20060412091420
(m) if anyone in the control, custody or possession of any Collateral or the Buyer is accused or alleged or charged (whether or not subsequently arraigned,
indicted or convicted) by any Governmental Authority to have used any Collateral in connection with the commission of any crime (other than a
misdemeanor moving violation); (n) there shall be a material adverse change In any of the n condition (financial or otherwise), business performance,
prospects, operations or properties of the Buyer; (t) legality, validity or enforceability of this Agreement; (ii) perfection or priority of the lien granted in favor
of Seller pursuant to this Agreement, (iv) the ability of the Buyer to repay the indebtedness or perform its obligations under this Agreement or, (v) rights and
remedies of the Seller under this Agreement are impaired; (o) there shall be a death of Buyer or a majority owner of Buyer or a guarantor of the Buyer's
Liabilities; p) except for the security interest, lien or reservation of title in favor of Seller or as otherwise granted herein, there shall be any lien, claim or
encumbrance on any of the Collateral securing the indebtedness or obligation of Buyer to Seller; or (q) Buyer defaults under any guaranty, collateral
agreement, or other support agreement.
6.2 Remedies. Upon the occurrence of an event of default, and at any time thereafter as long as the default continues, Seller may, at its option, with or without
notice to Buyer () declare this agreement to be in default, () declare the indebtedness hereunder to be immediately due and payable, (i) declare all other
debts then owing by Buyer to Seller, or any successor or assignee of Seller or any Affiliate of any of them to be immediately due and payable, (rv) cancel
any Insurance and credit any refund to the indebtedness, and (v) exercise all of the rights and remedies of a secured party under the Uniform Commercial
Code and any other applicable laws, including the right to require Buyer to assemble the Collateral and deliver it to Seller at a place to be designated by
Seller which is reasonably convenient to both parties and to lawfully enter any premises where the Collateral may be without judicial process and take
possession thereof. Acceleration of any Liabilities or indebtedness, if so elected by Seller, shall be subject to all applicable laws including those pertaining
to refunds and rebates of unearned charge. Any property other than Collateral that is in or upon the Collateral at the time of repossession may be taken and
held without liability until Its return requested by Buyer. Unless otherwise provided by law, any requirement of reasonable notice which Seller may be
obligated to give regarding the sale or other disposition of Collateral will be met if such notice is malled to Buyer at its address shown herein or to the most
current address designated by Buyer to Seller in writing at least ten days before a time of sale or other disposition. Seller may dispose of any Collateral at a
public or private sale or at auction. Seller may buy at any sale and become the owner of the Collateral. Buyer agrees that Seller may bring any legal
proceedings it deems necessary to enforce the payment and performance of Buyer's obligations hereunder in any court in the State shown in Sellers
address set forth herein, and service of process may be made upon Buyer by mailing a copy of the summons to Buyer at its address shown herein. The
inclusion of a trade name or division name in the identification of Buyer hereunder shall not limit Seller's right, after the occurrence of an event of default, to
proceed against all of Buyer's assets, Including those held or used by Buyer individually or under another trade or division name. Expenses of retaking,
holding, preparing for sale, selling and the like shall Include (a) the reasonable fees of any attorneys retained by Seller, and (b) all other legal expenses
incurred by Seller. Buyer agrees that Buyer Is liable for all amounts due hereunder, including any deficiency remaining after any disposition of Collateral
after default. Seller may sell the Collateral without giving any warranties as to the Collateral. Seller may disclaim any warranties of title, possession, quiet
enjoyment, or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.
6.3 Acceleration Interest. Buyer agrees to pay Seller, upon acceleration of the above indebtedness, interest on all sums then owing hereunder at the rate of 1
1l2% per month if not prohibited by law, otherwise at the highest rate Buyer can legally obligate itself to pay or Seller can legally collect, Any note taken
herewith evidences indebtedness and not payment.
6.0 PREPAYMENT
6.1 Partial Prepayment and Automatic Reschedule. Buyer does not have the right to prepay only a portion of the balance of this Agreement prior to maturity
without the consent of Seller. (a) In the event that there are several units subject to this Agreement and all of that portion of the obligation that relates to a
specific unit is paid in full either as a result of a casualty loss related to the unit which is reported in writing to Seller or the sale of the unit with the prior
consent of Seller, Seller will apply the proceeds received by Seller and identified as relating to any such transaction to the balance due under this
Agreement and reschedule the remaining monthly payments under this Agreement over the then remaining term. (b) In the event that Buyer is obligated to
Seller or to an assignee of Seller under the terms of any other agreement, and Seller or such assignee received one or more remittance(s) (other than as
indicated in 6.1(9) above) with respect to this Agreement at a time when any amount is past due under another agreement. Seller or Seller's assignee will
have the right to apply any portion of such excess to the payments then due or past due under the other agreement. (c) In the event that Seller receives
one or more a remittance(s) (other than as indicated in 6.1(a) or 6.1(b) above) with respect to this Agreement in an aggregate amount in excess of the then
amounts due and unpaid under this Agreement, and the aggregate excess amount is equal to or less than four regularly scheduled payments under this
Agreement, Seller will apply the amount of such excess to the immediately succeeding monthly payments under this Agreement. In the event that Seller
receives one or more remittance(s) with respect to this Agreement in an aggregate amount in excess of the then amounts due and unpaid under this
Agreement, and the excess amount is in an aggregate amount greater than four regularly scheduled payments under this Agreement, or Seller will, at
Seller's option either () apply the amount of such excess to the final maturing installment payments under this Agreement, or () apply the amount of such
excess to the balance due under this Agreement and reschedule the remaining monthly payments under this Agreement over the then remaining term. The
interest or finance charge included in this Agreement is precomputed and early payment of one or more installments prior to their maturity date
may not reduce the total interest or finance charge payable by Buyer under this Agreement unless the monthly payments are rescheduled. (d)
In the event that Seller elects to reschedule the monthly payments under this Agreement, the portion of the balance remaining unpaid under this Agreement
at the time of reschedule will be calculated in the same manner as upon prepayment (but without penalty). The Finance Charge or Annual Percentage Rate
applicable to the rescheduled payments will be the lesser of the rate included in this Agreement and the maximum rate allowed by applicable law. Buyer's
rescheduled payments will appear on Buyer's account statement.
6.2 Prepayment in FUN. Buyer has the tight to prepay the Indebtedness under this Agreement in full (but not in part) at any time. Upon prepayment Buyer will
receive a rebate of the unearned portion of the finance charge calculated using an actuarial method or such other method as is required by any applicable
law minus, If the prepayment is made prior to the last twelve months of the contract, a prepayment processing fee equal to the lesser of (a) 1% of the
originally scheduled balance on the date of prepayment for each full twelve month period remaining under the term of this Agreement as of prepayment and
(b) the maximum prepayment and/or acquisition charge allowed by applicable taw; provided, however, that no such prepayment and/or acquisition charge
shall be due if this Agreement is subject to the laws of Arizona, Connecticut (and the cash sale price is $50,000 or less with respect to trailer or motor
vehicle collateral or $16,000 or less with respect to non-vehicular collateral), Idaho, Montana, Nebraska, New York, Rhode Island, or West Virginia. All
accrued and unpaid late charges and other amounts chargeable to Buyer under this Agreement will be payable immediately upon such prepayment.
Page 4 of e of Security Agreeryment dated _? between ALBRIGHT LLC (Buyer)
and Furnival Machine Company
94498 (Seller) which includes, without iimRation, an item of Collateral with the folb ving serial
nurMer.
621626 Rev. 1.11 09/1004 ORIGINAL FOR CITICAPITAL Buyer is
Comm1 Non-Veh-Various States (R.D.)
1.273822.2.0 XC:20060412091420
7,0 ASSIGNMENT AND GENERAL PROVISIONS
7.1 Chattel Paper. This Agreement is entered into by Seller and Buyer on the express understanding that this Agreement will be purchased by CitiCapital
Commercial Corporation or one of its Affiliates ("CitiCapital"), each of which Is an operating subsidiary of a national bank. This agreement is to be
assigned only to C'itiCap'Ital and is subject to the security interest of C'itiCap'Ital. The only copy of this Agreement that constitutes 'Chattel Paper" for all
purposes of the Uniform Commercial Code is the copy marked 'ORIGINAL FOR CITICAPITAL' which is delivered to and held by CitiCapital. Any
assignment or transfer of this Agreement to any assignee other than ChiCapital without the express written consent of CitiCapital violates the rights of
CitiCapital. Any attempted assignment to any other party without the express written consent of CitiCapital shall be VOID and of no force and effect.
No assignee or secured party other than CitiCapital or a party receiving an assignment with the express mitten consent of CitiCapital will under any
circumstances acquire any rights in, under or to this Agreement or any sums due hereunder.
7.2 Assignment. Seller intends to assign this agreement to ChiCapital. As an inducement to CitiCapital to accept an assignment of this Agreement from
Seger, Buyer hereby (a) consents to such assignment and agrees not to assert against CitiCapital claims, counterclaim, claims in recoupment,
abatement, reduction, defenses, or so"lls for breach of warranty or for any other reason which Buyer could assert against Seller or the manufacturer
of the Equipment, except defenses which cannot be waived under the Uniform Commercial Code; (b) agrees to make and/or settle any and all claims
with regard to the Collateral directly and exclusively against and with Soler or the manufacturer and Buyer agrees not to assert any of such claims
against CMCapital; and (c) agrees that, upon assignment, the security interests granted herein will inure to the benefit of CitiCapital and its Affiliates.
Any sums at any time owing to Buyer and in the possession of CitiCapital or any such Affiliate shall secure the Liabilities of Buyer to CitiCapital and any
Affiliate of CitiCapital.
7.3 General. (a) Waiver of any default shall not be a waiver of any other default. (b) All of Seller's rights are cumulative and not alternative. (c) No waiver
or change in this Agreement or in any related note shall bind Seller unless in writing signed by one of its officers. (d) The term 'Seller" shall include an
assignee of Seller who is the holler of this agreement. (e) Any provision hereof contrary to, prohibited by or invalid under applicable laws or
regulations shall be inapplicable and deemed omitted herefrom, but shall not invalidate the remaining provisions hereof. (f) Buyer waives all
exemptions to the extent permitted by law. (g) Seller may correct patent errors herein. (h) Any captions to the provisions of this Agreement are for
convenience only and do not limit or affect the application or interpretation of this Agreement. () Ail of the terms and provisions of this agreement shall
apply to and be binding upon Buyer, its heirs, personal representatives, successors and assigns and Shall iure to the benefit of Seller, its successor
and assigns. 0) The acceptance by Seller of any remittance from a party other than Buyer shall in no way constitute Seller's consent to the transfer of
any of the Equipment to such party. (k) If allowed by law, the "reasonable fees of attorney" retained by Seller shall include the amount of any flat fee,
retainer, contingent fee or the hourly charges of any attorney retained by Seller in enforcing any of Seller's rights hereunder or in the proseCUtlon or
defense of any litigation related to this Agreement or the transactions contemplated by this Agreement. (n Buyer represents and warrants that there is
no material pending or threatened investigation by any governmental authority, litigation or other legal proceeding. (m) So long as any of the Liabilities
remains unpaid or unperformed. Buyer will provide Seller with such financial information as Seller may reasonably request, including copies of Buyer's
financial statements prepared it accordance with generally accepted accounting principles consistently applied within 30 days of the end of each of
Buyer's fiscal quarters and within 90 days after the end of each of Buyer's fiscal years. Such financial statements shall be prepared on the same basis
(reviewed, audited, etc.) as Buyer's financial statements are currently prepared unless advised by the Seller otherwise, at which time the Buyer will
comply with the Seller's request. (n) Buyer waives any right it may have to direct the application of any payments made by it to Seller, and Seller may
at its option offset and deduct any liability or obligation of Buyer from any or all sums owed by it to Buyer.
7.4 Additional Covenants and Oral Agreement. Buyer and Seller agree that this Is a five-page agreement and each page hereof constitutes a part of
this Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS. OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE
NO UNWRITTEN ORALAGREEMENTS BETWEEN THE PARTIES.
7.5 Waiver of Trial By Jury. Seller and Buyer hereby waive any right to trial by jury in any action relating to this Agreement Seller and Buyer hereby, for
themselves, their successors and assigns, WAIVE ANY RIGHT TO SUE FOR OR COLLECT FROM THE OTHER PARTY ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF OR RELATING TO THIS
AGREEMENT, THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR THE ENFORCEMENT BY EITHER PARTY OF ITS RIGHTS
UNDER THIS AGREEMENT EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE PROVEN TO BE THE DIRECT RESULT OF THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER PARTY.
IMPORTANT INFORMATION ABOUT ESTABLISHING A RELATIONSHIP WITH
CITICAPITAL
To help the United States Government fight terrorism and money laundering, Federal law requires us to obtain, verify, and record
information that Identifies each person or business that opens an account or establishes a relationship. What this means for you:
when you open an account or establish a relationship, we will ask for your name, street address, date of birth, and identification
number, such as a social security number or taxpayer identification number. For businesses, we will ask for the business name,
street address and tax identification number. Federal law requires us to obtain this information. We may also ask to see your
driver's license or other identifying documents that will allow us to Identify you. We appreciate your cooperation.
Page 5 of 6 of Security Agreement dated between ALBRIGHT LLC (Buyer)
and Furnival Machinery Company (Soler) which Includes, wthout firritatbn, an Rem of Collateral with the following serial
number. 94493
621626 Rev. 1.11 09/21704 ORIGINAL FOR CITICAPITAL
Comm'l Non-Vetr-Various States (R.D.)
Buyer's
1.273822.2.0 XC:20060412091420
DELIVERY AND ACCEPTANCE OF COLLATERAL
(Check Appropriate Box)
On the Collateral was delivered to Buyer with all installation and other work necessary for the proper use of the Collateral completed at
the location agreed upon by Buyer and Seller; the Collateral was inspected by Buyer and found to be in satisfactory condition in all respects and delivery was
unconditionally accepted by Buyer.
? The Collateral has not yet been delivered to or accepted by Buyer and, upon delivery, Buyer agrees to execute a delivery and acceptance certificate in a form
acceptable to Seiler or Seler's assignee.
THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE
OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS
BETWEEN THE PARTIES. Buyer and Seller agree that this (s a sox page agreement and each page hereof constitutes a partof this agreement.
NOTICE TO BUYER - DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE
ENTITLED TO A COPY OF THE AGREEMENT YOU SIGN.
Buyer's Social Security or Federal Taxpayer Identification Number is: 204423167 and Co-Buyer's is
Date
Seller: Fumival Machinery Company
By
Tith
Buyer hereby acknowledges receipt of an exact copy
of this contract
Buyer(s): ALBRIGHTLLC
x
By
Title
BY
2240 BETHLEHEM PIKE Title
(Street Address)
at co-buyer, co-partner or co-officer, sign here and show which)
State of Organization:
HATFIELD PA 19440-1608 Principal Residence/Chief Executive Office/Place of Business:
(City, State and Zip Code)
236 ERFORD RD
(Street Address)
CAMP HILL CUMBERLAND PA 17011
(City, COUNTY, State, and Zip Code)
Date of Birth:
Qndividual/Sole Proprietorship)
Page 6 of 6 ctSecuMy Agreement dated r 4 r between -ALBRIGHT LLC (Buyer)
Fulnlval (Machinery Company (Seller) which includes, without limitation, an item at Collateral with the following serial
number 94496
621626 Rev. 1.11 092004 ORIGINAL FOR CITICAPiTAL
Comn'1 Non Veh-Various States (R.D.)
1.273822.2.0 XC:20060412091420
f5e ??VJd
CONTINUING GUARANTY citicapital
For Valuable Consideration, the receipt and suMciency of which is hereby acknowledged, the undersigned, for themselves, their heirs, executors, personal representatives,
successors and assigns (individually called "Guarantor' and collectively called 'Guarantors') jointly and severally and in solido, hereby unconditionally
guaranteeto Fumival Machinery Company
................... ....................................................................
...................
(Secured Party or Lessor)
. LLC
. R . IGHT .
caned • CitiCapital that ... ALB .
.
.............
...............................................
(Party to tie Guaranteed)
......--•. • ......................................................................................................................
236 ERFORD RD CAMP BILL
.................................................................. ..............................................................
......................................., is successors, endorsees and assigns, (collectively
................• ....... ...... .......... ..........................................................................
........................................................... (the *Company"), whose address is
PA 17011
..........................................................................................................
shall promptly and fully perform, pay and discharge all of its present and future liablilities, obligations and indebtedness to CitiCapital, whether direct or indirect, joint or several,
absolute of con ingent, secured or unsecured, matured or urmatured, and whether originally contracted with or otherwise acquired by CitiCapital (all of which liabilities, obligations and
indebtedness are herein individually and collectively called the "Indebtedness" ). This Guaranty is an absolute and unconditional guarantee of payment and not of colledibility. The
liability of each Guarantor hereunder is not conditional or contingent upon the genuineness, validity, sufficiency or enforceability of the Indebtedness or arty instruments, agreemer>ts or
chattel paper related thereto (collectively called "Agreements') or any security or collateral therefor (collectively called "Security) or the pursuit by CibCapital of any rights or remedies
which it now has or may hereafter have. If the Company fails to pay the indebtedness promptly as the same becomes due, or otherwise fails to perform arty obligation under any of the
Agreements, each Guarantor agrees to pay on demand the entire Indebtedness and all losses, costs, attorneys' fees and expenses which may be suffered by CWCapital by reason of
the Company's default or the default of any Guarantor hereunder, and agrees to be bond by and to pay on demand any deficiency established by the sale of any of the Agreements or
Security, all without relief from valuation and appratsement laws and without requanng CitiCapital to (i) proceed against the Company by suit or otherwise, (ti) foreclose, proceed
against, liquidate or exhaust any of the Agreements or Security, or (ib) exercise, pursue or enforce arty right or remedy CtiCapdal may have against the Company, any co-Guarantor
(whether hereunder or under a separate instrument) or any other party. Each Guarantor agrees that: this Guaranty shall not be discharged or affected by any circumstances which
constitute a legal or equitable discharge of a Guarantor or surety, or by the death of any Guarantor; the records of Citicapital shall be received as conclusive evidence of the anhourt of
the Indebtedness at any time owing; one or more successive or concurrent suits may be brought and maintained against any or all of the Guarantors, at the option of CRICapital, with of
without joinder of the Company or any of the other Guarantors as parties thereto; such Guarantor will not avail itself of any defense whatsoever which the Company may have against
CitiCapdal, other than full payment of the Indebtedness; and such Guarantor will not seek a charge of venue from any jurisdiction or court in which any action proceeding or litigation
Is conwrhenced.
EACH GUARANTOR HEREBY WAIVES NOTICE OF ANY ADVERSE CHANGE IN THE COMPANYS CONDITION OR OF ANY OTHER FACT WHICH MIGHT MATERIALLY
INCREASE SUCH GUARANTOR'S RISK, WHETHER OR NOT CITICAPITAL HAS KNOWLEDGE OF THE SAME. EACH GUARANTOR ALSO HEREBY WAIVES ANY CLAIM,
RIGHT OR REMEDY WHICH SUCH GUARANTOR MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST THE COMPANY THAT ARISES HEREUNDER ANDK)R FROM THE
PERFORMANCE BY ANY GUARANTOR HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY CLAIM, REMEDY OR RIGHT OF SUBROGATION, REIMBURSEMENT,
EXONERATION, CONTRIBUTION, INDEMNIFICATION, OR PARTICIPATION IN ANY CLAIM, RIGHT OR REMEDY OF CITICAPITAL AGAINST THE COMPANY OR ANY
SECURITY WHICH CITICAPITAL NOW HAS OR HEREAFTER ACQUIRES; WHETHER OR NOT SUCH CLAIM, RIGHT OR REMEDY ARISES IN EQUITY, UNDER CONTRACT, BY
STATUTE, UNDER COMMON LAW OR OTHERWISE.
No termination hereof shall be effective until the Guarantors deliver to CitiCapital a written notice signed by them electing not to guarantee any new extension of credit that may be
granted by CtiCapital to the Company after its receipt of such notice, but such notice stial not affect the obligations of the guarantors hereunder as to any and all Indebtedness existing
at the time such ranee is received Each Guarantor hereby waives (i) notice of acceptance hereof and notice of extensions of credit given by CNICapital to the Company, from time to
time; (ii) presentment; demand, protest, and notice of nonpayment or protest as to any rate or other evidence of indebtedness signed, accepted, endorsed or assigned to CitiCapital
by the Company, (iii) all exemptions and homestead laws; (iv) any other demands and notices required by law; and (v) any right to trial by jury. CitiCapitat may at any time and from
time to time, without notice to or the consent of ary Guarantor, and without affecting or impairing the obligation of any Guarantor hereunder; (a) renew, extend or refinance arty part or
all of the Indebtedness of the Company or any Indebtedness of its customers, or of any co-Guarantor (whether hereunder or under a separate instrument) or any other party; (b) accept
partial payments of the Indebtedness and apply such payments to arty part of the Indebtedness; (c) settle, release (by operation of law or otherwise), compound, compromise, collect
or liquidate, in any manner, any of the Indebtedness, any Security, or arty Indebtedness of any co-Guarantor (whether hereunder or under a separate instrument) or any other party; (d)
consent to the transfer of arty Security; (e) bid and purchase at any sale of anyof the Agreements or Security; and (1) exercise arty and all rights and remedies available to CitiCapitai by
law or agreement even t the exercise thereof may affect, modify or eliminate any rights or remedies which a Guarantor may have against the Company- Each Guarantor shall continue
to be liable under this Guaranty, the provisions hereof shall remain in full force and effect, and CitiCapital shall not be estopped from exercising any rights hereunder, notwithstanding
(i) CitiCaptal waiver of or failure to enforce any of the terms, covenants or conditions contained in arty of the Agreements; (ii) any release of, or failure on the part of CitiCapital to
perfect any security interest in or foreclose, proceed against, or exhaust, any Security; or (iii) CitiCapital failure to take new, additional or substitute security or collateral for the
Indebtedness.
Each Guarantor agrees that CibCapital may bring any legal proceedings Q deems necessary to enforce any or all of such Guarantor's obligations hereunder in arty court in the State in
which CtiCapMs office administering the Indebtedness is located; and service of process may be made upon such Guarantor by mailing a copy of the strnmons to such Guarantor at
its address last known to CitiCapdal. All rights and remedies of allCapital are cumulative and not alternative. Each provision of this Guaranty is intended to be severable. Any term or
provision hereof declared to be contrary to, prohibited by or invalid under applicable laws or regulations shall be inapplicable and deemed omitted herefrom, but shall not invalidate the
remaining terms and provisions hereof,
IN WITNESS WHEREOF, the Guarantors have executed this Guaranty on /?.? p(?
(Date)
Witness
................ .. ...................................... ...........................................
Witness ....
Guarantor's Federal Taxpay r Id tdhcetion or Social S my Number is
,191463852
Guarantor /P RIC R PHILLIPY (L.S.)
(Nameal i corporation o rship)
r
t 9??. autlhorized oroer mat sign and show I.. ",I guarxNOr, a
geer
general partner mat agn and show 'P~ after name. M individual tot, 'Individually' after
236 ERFORD RD
Address CAMP HILL PA 17011
Note: Insert exact company names where appropriate, individual guarantors must sign guaranty without titles. Sign simply'John Smith, Individually,' not 'John Smith, President'
DO NOT USE THIS FORM if the guarantor resides or has a principal place of business in Kentucky.
620861 Rev. 0312005
1.03 Page 1011
1.273822.2.0 XC:20060412091420 A memberof itlgroupT
CITICAPITAL is a service mark of Citicorp.
n
CONTINUING GUARANTY aticapital
For Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, for themselves, their heirs, executors, personal representatives
successors and assign; (individually called "Guarantor' and collectively called 'Guarantors") jointly and severally and in solido, hereby unconditionally
guarantee to Furnlval Machinery Company
.............................................................................................................•----.............................---.. its successors, endorsees and assigns, (collectively .
(Seated Parry or Lessor)
caged • CitiCapital •) that ALBRIGHT LLC
(Patty to be Guaranteed)
........................................................................................... ......................................................... ......................................... ..... (the "Company`), whose address is
236 ERFORD RD CAMP HILL PA 17011
.................................................................................................................................................................................................................... .............................
shall promptly and fully perform pay and discharge all of its present and future liabliiities, obligations and Indebtedness to CitiCapital, whether direct or indirect, joint or several,
absolute or contingent, secured or unsecured, matured or unmatured, and whether originally contracted with or otherwise acquired by CitiCapital (all of which liabilities, obligations and
Indebtedness are herein individually and collectively called the "Indebtedness"). This Guaranty is an absolute and unconditional guarantee of payment and not of collectibifity. The
liability of each Guarantor hereunder is not conditional or contingent upon the genuineness, validity, sufficiency or enforceability of the Indebtedness or any instruments, agreements or
chattel paper related thereto (collectively called "Agreements') or any security or collateral therefor (collectively called'5ecurity1) of the pursuit by CitiCapital of any rights or remedies
which it now has or may hereafter have. If the Company falls to pay the Indebtedness promptly as the same becomes due, or otherwise falls to perform any obligation under any of the
Agreements, each Guarantor agrees to pay on demand the entire Indebtedness and all losses, costs, attorneys' fees and expenses which may be suffered by CitiCapital by reason of
the Company's default or the default of any Guarantor hereunder, and agrees to be Ixwrd by and to pay on demand any deficiency established by the sale of any of the Agreements or
Security, all without rrrlief from valuation and appraisement laws and without requiring GtiCapital to (I) proceed against the Company by suit or otherwise, (ii) foreclose, proceed
against, Gquuidate or exhaust any of the Agreements or Security, or (iii) exercise, pursue or enforce any right or remedy Citiu ;apical may have against the Company, any co-Guarartor
(whether hereunder or under a separate instrument) or any other party. Each Guarantor agrees that: this Guaranty shall rat be discharged or affected by any circumstances which
constitute a legal or equitable discharge of a Guarantor or surety, or by the death of any Guarantor, the records of CitiCapdal shall be received as conclusive evidence of the amount of
the Indebtedness at any time owing one or more successive or concurrent suits may be brought and maintained against arty or all of the Guarantors, at the option of CitiCapital, with or
without joinder of the Company or any of the other Guarantors as parties thereto; such Guarantor will not avail itself of any defense whatsoever which the Company may have against
CitiCapital, other than full payment of the Indebtedness; and such Guarantor will not seek a change of venue from any jurisdiction or court in which any action, proceeding or litigation
is commenced.
EACH GUARANTOR HEREBY WAIVES NOTICE OF ANY ADVERSE CHANGE IN THE COMPANY'S CONDITION OR OF ANY OTHER FACT WHICH MIGHT MATERIALLY
INCREASE SUCH GUARANTOR'S RISK, WHETHER OR NOT CITICAPITAL HAS KNOWLEDGE OF THE SAME. EACH GUARANTOR ALSO HEREBY WAIVES ANY CLAIM,
RIGHT OR REMEDY WHICH SUCH GUARANTOR MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST THE COMPANY THAT ARISES HEREUNDER AND/OR FROM THE
PERFORMANCE BY ANY GUARANTOR HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY CLAIM, REMEDY OR RIGHT OF SUBROGATION, REIMBURSEMENT,
EXONERATION, CONTRIBUTION, INDEMNIFICATION, OR PARTICIPATION IN ANY CLAIM, RIGHT OR REMEDY OF CITICAPFAL AGAINST THE COMPANY OR ANY
SECURITY WHICH CITICAPITAL NOW HAS OR HEREAFTER ACQUIRES; WHETHER OR NOT SUCH CLAIM, RIGHT OR REMEDY ARISES IN EQUITY, UNDER CONTRACT, BY
STATUTE, UNDER COMMON LAW OR OTHERWISE.
No termination hereof shall be effective until the Guarantors deliver to CitiCapital a written notice signed by them electing not to guarantee any new extension of credit that may be
granted by CW-Apital to the Compare/ after its receipt of such notice, 1xR such notice shall not affect the obligations of the guarantors hereunder as to any and all Indebtedness existing
at the time such notice is received. Each Guarantor hereby waives (f) notice of acceptance hereof and notice of extensions of credit given by CitiCapital to the Compary from time to
time; (ii) presentment, demand, protest, and notice of ran-payment or protest as to arty rote of other evidence of indebtedness signed, accepted, endorsed or assigned to CkiCapital
by the Company, (a) all exemptions and homestead laws; (iv) any other demands and notices required by law; and (v) any right to trial by jury. CdiCapital may at any time and from
time to time, without noble to or the consent of arty Guarantor, and without affecting or impairing the obligation of any Guarantor herender, (a) renew, extend or refinance any part or
all of the Indebtedness of the Company or any Indebtedness of its customers, or of any co-Guarantor (whether hereunder or under a separate instrument) or any other party; (b) accept
partial payments of the Indebtedness and apply such payments to any part of the Indebtedness; (c) settle, release (by operation of law or otherwise), compound, compromise, cured
or liquidate, in any manner, any of the Indebtedness, any Security, or any Indebtedness of any co-Guarantor (whether hereunder or under a separate instrument) or any other party; (d)
consent to the transfer of any Security; (e) bid and purchase at any sale of anyof the Agreements or Security; and (I) exercise any and all rights and remedies available to Cf(iCapdal by
law or agreement even if the exercise thereof may affect, muddy or eliminate any rights or remedies which a Guarantor may have against the Company. Each Guarantor shall continue
to be liable under this Guaranty, the provisions hereof shall remain in full force and effect, and CitiCapital shall not be estopped from exercising any rights hereunder, notwithstanding
() OtiCapital waiver of or failure to enforce any of the terms, covenants or conditions contained in any of the Agreements; (ff) any release of, or failure on the part of CitiCapital to
perfect any security interest in or foreclose, proceed against, or exhaust, any Security; or (fit) CitiCapitat failure to take new, additional or substitute security or collateral for the
Indebtedness.
Each Guarantor agrees that CitiCapital may bring any legal proceedings it deems necessary to enforce any or all of such Guarantor's obligations hereunder in ary court In the State in
which CitiCapital's office administering the Indebtedness is located; and service of process may be made upon such Guarantor by mailing a copy of the summons to such Guarantor at
its address last known to CitiCapi(al. AN rights and remedies of Ci(iCapital are cumulative and not alternative. Each provision of this Guaranty Is intended to be severable Any term or
provision hereof declared to be contrary to, prohibited by or invalid under applicable laws or regulations shall be inapplicable and deemed omitted herefrom, but shall not invalidate the
remaining terms and provisions hereof.
IN WITNESS WHEREOF, the Guarantors have executed this Guaranty on .
Witness
........................................................................................................
Witness .................... ?t?,l..........................................
Guarantor's Federal Tar pajef identification I or\ Social Security Number is
175485757
7? 'r (/t l .10 ..........................................
(Date)
Guarantor W y
.................................. ........................... (L.S-)
(Name of ' ideal, rporation or partnership)
. .7?1R. INDIVIDUALLY
By ....... ............... l .
..... k ........... ... .....................
(II corporate oArartlor, auharized ora®r met si .•.. corporate me. It parinw1hp guarantor, a
gOA paftW mud sign and slow -P name. If paraintor, show •VdMdtaW seer
name.) 236 ERFORD
Address CAMP HIL PA 17011
.........................................................................................................
Note: Insert exact company names where appropriate, individual guarantors must sign guaranty without titles. Sign simply "John Smith, tndividually,' not 'John Smith, President."
DO NOT USE THIS FORM if the guarantor resides or has a principal place of business in Kentucky.
620861 Rev. DY2005
1.03 Page 1 of 1 1.273822.2.0 XC:20060412091420 Amember of cltlq umv,
CITICAPITAL is a service mark of Citicorp.
ASSIGNMENT OF SELLER
(WITHOUT RECOURSE)
DOCUMENTS (check appropriate) Da d
Security Agreement L
? Promissory Note
? Guaranty
citicapitalJ
Debtor ALBRIGHT LLC
Street 236 ERFORD RD
City, State & Zip CAMP HILL PA 17011
Present Balance Owed by Debtor $ 54,896.64
For value received, the undersigned ("Assignor) hereby sells, assigns and transfers to CITICAPITAL COMMERCIAL CORPORATION, its successors
and assigns ("Assignee"), WITHOUT RECOURSE as to the financial ability of the debtor named above ("Debtor") to pay, all Assignor's right, title and Interest in
and to (a) the security agreement or other title retention or lien instrument described above (the "Security Agreement") between Assignor and Debtor, (b) any
notes, guaranties and other documents executed in connection with the Security Agreement (herein, with the Security Agreement, called the "Documents"), (c)
all amounts due or to become due under the Documents, (d) the property in which a security interest or lien is granted to or reserved by Assignor under the
Security Agreement (the "Collateral"), and (e) all of Assignor's rights and remedies under or in connection with the Documents, including the right, without notice
to Assignor and without affecting Assignor's liability hereunder: (i) to collect any and all amounts owing under the Documents, (i7 to endorse Assignors name or
any note or remittance received, (iii) to release or discharge Debtor or any other persons obligated under the Documents, on terms satisfactory to Assignee, by
operation of law or otherwise, (w) to settle, compromise or adjust any and all rights against and to grant extensions of time of payment to Debtor or any other
persons obligated under the Documents, and (v) to take any other action Assignor might take but for this assignment. Assignor warrants that the Documents
are genuine, collectable, enforceable and in all respects what they purport to be; all signatures, names, addresses, amounts and other statements and facts
contained in the Documents and herein are true and correct; Debtor has obtained all insurance required by the Security Agreement and such Insurance is In full
force and effect; the Collateral was sold to Debtor in a bona fide time sale transaction; Debtor has paid the down payment in cash or as otherwise set forth in.the
Security Agreement, and no part thereof was loaned directly or indirectly by Assignor; the Collateral was delivered in satisfactory condition to Debtor on the date
set forth below, was properly installed if required, and was accepted by Debtor, Debtor is not in default under the Security Agreement; all parties to the
Documents have the capacity to contract and none of such parties is a minor; the security interest, lien and reservation of title evidenced by the Security
Agreement are valid, first, prior to all others and effective against all persons; Assignor has caused or will promptly cause such actions or procedures to be taken
as are required or permitted by statute or regulation to perfect such security interest, lien and reservation of title in Assignee's favor, including, without limitation,
filing financing statements, recording documents and obtaining Certificates of Title disclosing Assignee's Interest; Assignor has full title to and the right to sell and
assign the Documents and the security interest, lien and reserved title evidenced thereby, and this assignment conveys the same free and clear of all liens and
encumbrances whatsoever; the Documents are and will continue to be free from defenses, counter-claims, cross-claims and set-offs, and Assignor shall
continue to be liable hereunder notwithstanding Assignee's waiver of or failure to enforce any of the terms, covenants or conditions contained in the Documents
or any release of, or failure on the part of Assignee to realize upon or protect, the Collateral or any lien thereon.
Assignor agrees that Assignee may audit its books and records relating to the Documents. Assignee shall have no obligations of Assignor as sailer
under the Security Agreement. Unless otherwise agreed under the provisions of any applicable underlying agreement, any amount retained by Assignee as a
reserve or holdback shall be held by Assignee as security for but not in lieu of the performance of Assignor's obligations under this or any other agreement with
assignee or any affiliate of Assignee, and shall be paid to Assignor without interest when all amounts due under the Documents have been paid In full, provided
that no direct or contingent obligation of Assignor, whether hereunder or under any other agreement with Assignee or any affiliate of Assignee, is in default at the
time such reserve or holdback amount is to be paid to Assignor. In the event of any such default, Assignee may apply any reserve, holdback, account or
property in Assignee's possession toward satisfaction of such obligations. M Assignee gives a rebate of finance charge computed on the total finance charge
payable by Debtor, and such rebate is greater than a like rebate computed on the portion of the finance charge to be earned hereafter by Assignee, Assignor will
pay to Assignee upon demand the difference between such rebates; the portion of the finance charge to be earned hereafter by Assignee is the excess of @ the
amount to be collected under the Security Agreement and retained by Assignee, over (il) the amount paid or to be paid by Assignee to Assignor for the Security
Agreement. ANY REASSIGNMENT OF THE DOCUMENTS AND/OR THE COLLATERAL BY ASSIGNEE SHALL BE WITHOUT RECOURSE OR WARRANTY
OF ANY KIND. Assignor waives presentment and demand for payment, protest and notice of non-payment, and subordinates all rights Assignor may now or
hereafter have against Debtor to any rights Assignee may now or hereafter have against Debtor. Assignee shall have no authority to, and will not, without
Assignee's prior written consent, accept collections, repossess, substitute or consent to the return of the Collateral, or modify the terms of the Documents.
Assignee's knowledge at any time of any breach of or non-compliance with any of the foregoing shall not constitute any waiver by Assignee. Assignor waives
notice of acceptance hereof. At the request of Assignee, Assignor agrees to give reasonable assistance to effect collection of the Documents and repossession
of the Collateral, and any such services shall be furnished without cost to Assignee unless Assignee otherwise agrees in writing. Assignor agrees to store on
Assignor's premises, without cost to Assignee, any repossessed Collateral- Assignor hereby acknowledges that such Collateral shall at all times remain the
property of Assignee and Assignor shall have no right to sell, lease, rent, move or otherwise transfer or dispose of such Collateral without the prior written
consent of Assignee.
If any of the foregoing warranties are untrue, or if Assignor breaches any provision hereof, Assignor will indemnify and hold Assignee harmless from
any losses, damages or claims arising therefrom and will, without requiring Assignee to proceed against Debtor or any other person or any security, repurchase
the Documents on demand and pay Assignee in cash the balance remaining unpaid thereunder plus any expenses of collection, repossession, transportation
and storage (including reasonable attorney's fees and court ce s) ink lned by Assignee, less any customary refund by Assignee of unearned finance charges.
The Collateral was delivered to Debtor c
Dated I 1?? ?vY ASSIGNOR -'T.- Furnival Machinery Company
Js
r
-
Name of indMdual, ,orbit
Nldual,e ha style, ifa ?aRer narne.)
ration, authorized officer must sign a porate We. If partnership, a general
r must sign. it owner or partner, show which.)
Title PrVAein
620854 Rev. 0512004
Assignment of Seller (1rvOR)
1.02
Page 1 of 1
CITICAPITAL is a service mark of Citicorp.
1.273822.2.0 XC:20060412091420
A memberof cltugroup'T
v CL t?? C"7
.! 7
t`-
?' °b C-5 S
{?r;
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DuTT.T.TDV TATTT.T.TAM rr the
DEFENDANT , at 1210:00 HOURS, on the 12th day of October , 2007
at 236 ERFORD ROAD
CAMP HILL, PA 17011 by handing to
PATRICIA R PHILLIPY, WIFE
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
Illet?b
So Answers:
6.00
.00 00 10.00 R. Thomas Kline
00
16.00 10/15/2007
LAMM RUBENSTONE LESAVOY
Sworn and Subscibed to
before me this
of
By:
??-
day Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
TIMOTHY BLACK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PHILLIPY PATRICIA R
DEFENDANT
the
at 1210:00 HOURS, on the 12th day of October , 2007
at 236 ERFnRn Rnan
CAMP HILL, PA 17011
PATRICIA R PHILLIPY
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
,t/oi/o7 o0
16.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/15/2007
LAMM RUBENSTONE LESAVOY
By ?'?--
Deputy Sheriff
0 f A. D.
CASE NO: 2007-05946 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TT DDTr1-U1r T.T.(" the
a true and attested copy of COMPLAINT & NOTICE together with
DEFENDANT , at 1210:00 HOURS, on the 12th day of October
at 236 ERFORD ROAD
CAMP HILL, PA 17011 by handing to
PATRICIA R PHILLIPY, ADULT IN CHARGE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
11)b+1 4-
18.00
14.40
.00
10.00
.00
42.40
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
10/15/2007
LAMM RUBENSTONE LESAVOY
By: Deputy Sheriff
A. D.
2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V. :
Albright, LLC and No. 2007-05946
William T. Phillipy and
Patricia R. Phillipy
Defendants
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendants for want of an answer
to Plaintiffs Complaint.
Judgment should entered for $57,454.92 as set forth below, plus accruing interest from
date of default, and possession of particular Equipment identified as a certain CEC Screen Plant
Road Runner S/N 94498:
Lease Payments $45,023.22
Expenses $450.00
Late Fees $1,366.85
Interest (through 9/26/07 and per diem of $22.20 thereafter) $8,614.85
Attorneys' fees and costs $2,000.00
Total $57,454.92
PAGE 1 OF 2
375633-1
X I certify that the foregoing assessment of damages is for specified amounts averred to
be due in the Complaint and is calculable as a sum certain from the Complaint.
X Pursuant to Pa.R.Civ.P. 237. 1, I certify that written notice of the intention to file this Praecipe
was mailed or delivered to the party against whom judgment is to be entered and to his/her attorney of
record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this
Praecipe and copies of the Notices are attached as Exhibit A.
Respectfully submitted,
LAMM RUBENSTONE LLC
By:
Sh. Lo esquire
Jennife . Davies, Esquire
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330; 215-638-2867f
Attorneys for Plaintiff
NOW, J()py aZ 1 , 2007, JUDGMENT IS ENTERED AS ABOVE.
/5/ lx.7t.? K • Len DZ6
r honotary/Clerk of Co , ivil Division
BY:
Deputyd)
PAGE 2 OF 2
375633-1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC and No. 2007-05946
William T. Phillipy and
Patricia R. Phillipy
Defendants
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Jennifer M. Davies, Esquire, hereby certify that to the best of my knowledge,
information and belief, the last known address of the above named Defendants, are as follows:
Albright, LLC, 236 Erford Road, Camp Hill, Pennsylvania 17011
William T. Phillipy, 236 Erford Road, Camp Hill, Pennsylvania 17011
Patricia R. Phillipy, 236 Erford Road, Camp Hill, Pennsylvania 17011
LAMM RUB TONE LLC
By: -
o , Esquire
Jennife vies, Esquire
Attorneys for Plaintiff
Sworn to and Subscribed before me
this?o'?'`day of , 2007.
Notary bllc COMMONWEALTH OF PENNSYLVANM
NOTARIAL SEAL
MARY L. DePIETRO Notary Public
Be w0m, Twp., Bucks County
37563+-1 Doi'x? Ex lees Jul 9.2009
r ?' t+ F.tt R?:l
?t '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Fumival Machinery Company
Plaintiff
V.
Albright, LLC and
William T. Phillipy and
Patricia R. Phillipy
No. 2007-05946
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
I, Jennifer M. Davies, Esquire, hereby certify that to the best of my knowledge,
information and belief, the above named Defendants, William T. Phillipy and Patricia R.
Phillipy, are not in the military service of the United States, or any state or territory thereof or its
allies, and is not entitled to relief under the provisions of the Soldiers and Sailors Relief Act of
1940, 50 U.S. C. § 520.
Sworn to and Subscribed before me
this ' Qtay of lUmtm,"&4007.
Notary lic
COMMONWEALTH OF PENNSYLVANIA
LAMM RUBENSTONE LLC
By:
we, squire
Jennifer . Davies, Esquire
Attorneys for Plaintiff
NOTARIAL SEAL i
MARY L. DePIETRO Notary Public
Bensalem Twp . Bucks Coanty
Commission Expires Jul 9, ,2009
375633-1
File Copy
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC NO. 2007-05946
and
William T. Phillipy
and
Patricia R. Phillipy :
Defendants
To: Albright LLC Date: November 8, 2007
236 Erford Road
Camp Hill, PA 17011
NOTICE - RULE 237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
3750741
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4T FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAMM RUBENSTONE LLC
By:
S we, quire
Jennifer avies, Esquire
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330; 215-638-2867f
Attorneys for Plaintiff
3750741
File Copy
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V. :
Albright, LLC NO. 2007-05946
and
a
William T. Phillipy
and
Patricia R. Phillipy :
Defendants
To: Patricia R. Phillipy Date: November 8, 2007
236 Erford Road
Camp Hill, PA 17011
NOTICE - RULE 237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
3750741
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
-LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4' FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAMM RUBENSTONE LLC
By:
we, squire
ennifer . Davies, Esquire
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330; 215-638-2867f
Attorneys for Plaintiff
3750741
File Copy
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC
and
William T. Phillipy
and
Patricia R. Phillipy
NO. 2007-05946
Defendants
To: William T. Phillipy
236 Erford Road
Camp Hill, PA 17011
Date: November 8, 2007
NOTICE - RULE 237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
3750741
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAMM RUBENSTONE LLC
By:
w , Esquire
4JennifeDavies, Esquire
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330; 215-638-2867f
Attorneys for Plaintiff
3750741
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
?ROV16E FOR INSURANCE-POSTMASTER
Received From: Jennifer M. Davies, Esquir
Lamm Rubenstone'_LLC
3600 Horizon Blvd., Ste. 200
Trevose, A 19053
One piece of ordinary mail addressed to:
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA 17011
PS Forth 3817, January 2001
®J
o 0 a
O
o o
w m
10,
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE U€iED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE F(IRINSURANCE-POSTMASTER
Received From Jennifer M. Davies Es
Lamm Rubenstone LLC CA
3600 Horizon Blvd., Ste. 200
Trevose, PA 19053
One piece of ordinary mall addressed to:
Albright LLC
236 Erford Road
?P Hill,
PS Form 3.817, January 2001
i
0
W-'Ot
> 0,
a
so
O
Wv3
0
00
H
IV N
oa o O 0
a
..
0)
O a
?m
t
r
Oa
CA m
v ...
PS Form 3817, January 2001
M I
w -i3
tll\
Y,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC and No. 2007-05946
William T. Phillipy and
Patricia R. Phillipy
Defendants
To: Albright, LLC
236 Erford Road
Camp Hill, Pennsylvania 17011
NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment has been entered against you in the monetary
amount of $57,454.92 and for possession on Nny A] 92007.
Copies of all documents filed with the Prothonotary/Clerk of Courts, Civil Division, in
support of the within judgment are enclosed.
Prothonotary/Clerk of Courts, Civil Division
BY: A/ "- k - "
4
If you have any questions regarding this Notice, please contact the filing party:
Jennifer M. Davies, Esquire, 3600 Horizon Boulevard, Suite 200, Trevose, Pennsylvania 19053
215-638-9330; 215-638-2867f
(This Notice is given in accordance with Pa.R.Civ.P. 236)
375633-1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC and No. 2007-05946
William T. Phillipy and
Patricia R. Phillipy
Defendants
To: William T. Phillipy
236 Erford Road
Camp Hill, Pennsylvania 17011
NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment has been entered against you in the monetary
amount of $57,454.92 and for possession on W &1 , 2007.
Copies of all documents filed with the Prothonotary/Clerk of Courts, Civil Division, in
support of the within judgment are enclosed.
Prothonotary/Clerk of Courts, Civil Division
BY: L51 0AAAA! F
OC,B
If you have any questions regarding this Notice, please contact the filing party:
Jennifer M. Davies, Esquire, 3600 Horizon Boulevard, Suite 200, Trevose, Pennsylvania 19053
215-638-9330; 215-638-2867f
(This Notice is given in accordance with Pa.R.Civ.P. 236)
375633-1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff
V.
Albright, LLC and No. 2007-05946
William T. Phillipy and
Patricia R. Phillipy
Defendants
To: Patricia R. Phillipy
236 Erford Road
Camp Hill, Pennsylvania 17011
NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment has been entered against you in the monetary
amount of $57,454.92 and for possession on &")-Cm a/ , 2007.
Copies of all documents filed with the Prothonotary/Clerk of Courts, Civil Division, in
support of the within judgment are enclosed.
Prothonotary/Clerk of Courts, Civil Division
BY: LISI I t 1-i arts
If you have any questions regarding this Notice, please contact the filing party:
Jennifer M. Davies, Esquire, 3600 Horizon Boulevard, Suite 200, Trevose, Pennsylvania 19053
215-638-9330; 215-638-2867f
(This Notice is given in accordance with Pa.R.Civ.P. 236)
375633-1
r.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff,
V.
Albright, LLC and
William T. Phillipy and
Patricia R. Phillipy
Wachovia Bank, N.A.
and
PNC Bank, N.A.
Defendants
NO. 2007-05946
PRAECIPE FOR
WRIT OF EXECUTION
Garnishees.
TO THE PROTHONOTARY:
PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER
(1) Directed to the Sheriff of Cumberland County
(2) Against Albright, LLC, William T. Phillipy and Patricia R. Phillip x, Defendants; and
(3) Against Wachovia Bank, N.A. and PNC Bank N.A., Garnishees
(4) and index this writ
(a) against Albright, LLC, William T. Phillipy and Patricia R Phillip y, Defendants
and
(b) against Wachovia Bank. N.A. and PNC Bank, N.A., Garnishees
3829101
GARNISH: Any and all deposits securities checking, savings money market, and/or other
accounts of M kind or sort in the name of or with regard to Defendants located at Wachovia
Bank, N.A. and PNC Bank, N.A.
LEVY: Upon any and all business and personal assets of any kind or sort, including but
not limited to CASH automobiles tools equipment furniture inventory, office equipment,
telephones computers radio/stereo equipment tables chairs bedroom furniture, televisions
desks electronic equipment VCRs/DVDs or any other business and personal property of any
kind or sort located at 236 Erford Road, Camp Hill, Pennsylvania 17011.
(5) Amount due
LESS: Sale Proceeds
Interest from September 27, 2007
(per diem rate of $22.20)
Costs to be added
By:
$ 57,454.92.
$ 37,200.00-
LAMM RUBENSTONE LLC
Jenni esquire
orn o.: 80988
3600 Horizon Drive, Suite 200
Trevose, PA 19053
215-638-9330; 215-638-2867f
Attorneys for Citicapital Commercial Corporation,
Assignee of Fumival Machinery Company
3829101
A.:
s.
Q
C:
CIO -n
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4 ?
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-In
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiiff,
V.
Albright, LLC and
William T. Phillipy and
Patricia R. Phillipy
Defendants
Wachovia Bank, N.A.
and
PNC Bank, N.A.
NO. 2007-05946
WRIT OF; EXECUTION
I
Garnishees.
Commonwealth of Pennsylvania )
County of Cumberland )
TO THE SHERIFF OF
Col
To satisfy the Judgment, interest and• costs against the Defendants, Albright, LLC, William T.
Phillipy and Patricia R. Phill_py. /
(1) You are directed to levy upon the property of the Defendants and to sell their
interest therein.
(2) You are ,Also directed to attach the property of the Defendants not levied upon in
the possession of Wachovia Bank, N.A. an d PNC Bank N.A. as Garnishees.
3829101
telephones, computers, radio/stereo equipment tables chairs bedroom furniture televisions
desks, electronic equipment, VCRs/DVDs, or any other business and personal property
kind or sort located at 236 Erford Road, Camp Hill, Pennsylvania 17011.
GARNISH: Any and all deposits, securities, checking, savings money market and/or other
accounts of any kind or sort in the name of or with regard to Defendants located at Wachovia
Bank, N.A. at 604 East High Street, Carlisle, Pennsylvania 17013.
GARNISH: Any and all deposits securities checking savings money market and/or other
accounts of any kind or sort in the name of or with regard to Defendants located at PNC Bank
N.A. at 105 Noble Boulevard, Carlisle, Pennsylvania 17013.
And notify the Garnishee that:
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to
or for the account(s) of the defendant(s) and from delivering any property of the
defendants or otherwise disposing thereof;
(c) the attachment shall not include any funds in an account of the defendant(s) with a
bank or other financial institution
(i) in which funds are deposited electronically on a recurring basis and are
identified as being funds that upon deposit are exempt from execution,
levy or attachment under Pennsylvania or federal law, or
(ii) that total $300 or less. If multiple accounts are attached, a total of $300 in
all account shall not be subject to levy and attachment as determined by
the executing officer. The funds shall be set aside pursuant to the
defendant's general exemption provided in 42 Pa.C.S.§8123.
(3) If property of the defendants not levied upon and subject to attachment is found in
the possession of anyone other than a named garnishee, you are directed to notify such other
person that he or she has been added as a garnishee and is enjoined as above stated.
(4) Amount due $ 57,454.92
LESS: Sale Proceeds $ 37,200.00
Interest from September 27, 2007
(per diem rate of $22.20) $
Costs to be added $
Date:
SEAL
PROTHONOT Y
By:
y
3829101
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 2007-05946
Citicapital Commercial Corporation,
Assignee of Furnival machinery Company
Plaintiff
V.
Albright, LLC and William T. Phillipy
and Patricia R. Phillipy
Defendants
By:
Wachovia Bank, N.A and PNC Bank, N.A.
Garnishees
WRIT OF EXECUTION
COSTS
PROTHY PD $
JUDGMENT FEE $
SATISFACTION FEE $
LAMM &,UBENSTONE LLC
J 1 j. G.uTd, Esquire
Attorney I. No.: 80988
3600 Horizon Drive, Suite 200
Trevose, PA 19053
Phone: 215-638-9330
Facsimile: 215-638-2867
ADDRESSES FOR SERVICE:
Albright, LLC
236 Erford Road
Camp Hill, PA 17011
William T. Phillipy
236 Erford Road
Camp Hill, PA 17011
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA 17011
Wachovia Bank, N.A
604 East High Street
Carlisle, PA 17013
PNC Bank, N.A.
105 Noble Boulevard
Carlisle, PA 17013
3829101
4-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N007-5946 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITICAPITAL COMMERCIAL CORPORATION
ASSIGNEE OF FURNIVAL MACHINERY COMPANY Plaintiff (s)
From ALBRIGHT LLC, WILLIAM T PHILLIPY, PATRICIA R PHILLIPY 236 ERFORD
ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell UPON ANY AND ALL
BUSINESS AND PERSONAL ASSETS OF ANY KIND OR SORT INCLUDING BUT NOT
LIMITED TO CASH, AUTOMOBILES, TOOLS, EQUIPMENT, FURNITURE,
INVENTORY, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO
EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE,TELEVISIONS, DESKS,
ELECTRONIC EQUIPMENT, VCRS/DVDS, OR ANY OTHER BUSINESS AND PERSONAL
PROPERTY OF ANY KIND OR SORT LOCATED AT 236 ERFORD ROAD, CAMP HILL,
PENNSYLVANIA 7011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of WACHOVIA BANK N A 604 EAST HIGH STREET, CARLISLE PA & P NC BANK N A AT
105 NOBLE BOULEVARD, CARLISLE PA
GARNISHEE(S) as follows:
ANY AND ALL DEPOSITS, SECURITIES, CHECKING, SAVINGS, MONEY MARKET, AND/OR
OTHER ACCOUNTS OF ANY KIND OR SORT IN THE NAME OF OR WITH REGARD TO
DEFENDANTS LOCATED AT WACHOVIA BANK N A AND PNC BANK N A
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$57,454.92 LESS SALE PROCEEDS L.L.$0.50
$37,200.00
Interest FROM 9/27/07(PER DIEM RATE OF $22.20)
Atty's Comm % Due Prothy $2.00
Atty Paid $193.40 Other Costs
Plaintiff Paid
Date: June 9, 2008
C s R. ong, Pr nota
(Seal) By:
Deputy
REQUESTING PARTY:
Name JENNIFER D GOULD ESQ
Address: 3600 HORIZON DRIVE, SUITE 200
TREVOSE, PA. 19053
Attorney for: PLAINTIFFS
Telephone: 215-638-9330
Supreme Court ID No. 80988
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILLIAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:55 Hours, on the 16th day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
T T T T T T T T 17 TI T T r) -r e1 T T D
hands, possession, or control of the within named Garnishee
PNC BANK 105 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KIMBERLEE BOROSKY (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
in the
true
and made
So a
.00
.00
.00 R. Thomas Kline _
.00 Sheriff of Cumberland County
.00
00 ? ?,
06/24/2004
day of By c
eputy eriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILILAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:05 Hours, on the 16th day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
ALBRIGHT LLC
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
, in the
DANIELE HORN (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So ans
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
? L/G/D
00
06/24/2008
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILLIAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:05 Hours, on the 16th day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
PHILLIPY WILLIAM T
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
in the
DANIELE HORN (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers:
Docketing .00
;???
Service .00 ?J
Affidavit .00 R. Thomas Kline _
Surcharge .00 Sheriff of Cumberland County
.00
. 0 0 r/ 4?aG?o? L
06/24/2008
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILILAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:05 Hours, on the 16th day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
PHILLIPY PATRICIA R
, in the
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
DANIELE HORN (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
0000 v 61,,( F'
06/24/2008
Sworn and Subscribed to
before me this day of By -
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:55 Hours, on the 16th day of June , 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
ALBRIGHT LLC in the
hands, possession, or control of the within named Garnishee
PNC BANK 105 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KIMBERLEE BOROSKY (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers:
Docketing .00
Service .00
Affidavit .00 homas Kline
Surcharge .00 Sheriff of Cumberland County
.00 /
00
064/2008
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D
01 SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-05946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITICAPITAL COMMERCIAL CORPORA
VS
ALBRIGHT LLC ET AL
And now WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:55 Hours, on the 16th day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
PHILLIPY WILLIAM T
hands, possession, or control of the within named Garnishee
PNC BANK 105 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
in the
KIMBERLEE BOROSKY (TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So ans
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
06/24/2008
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
, A.D
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
CITICAPITAL COMMERCIAL, CORPORATION :COURT OF COMMON PLEA
ASSIGNEE OF FURNIVAL S
MACHINERY COMPANY : COUNTY OF CUMBERLAND
vs.
ALBRIGHT LLC, WILLIAM T PHILLIPY, NO. 07-5946
PATRICIA R. PHILLIPY
and
WACHOVIA BANK, N.A.,
GARNISHEE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on
above-captioned matter.
Date:
ee, in the
rv.
r
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
CITICAPITAL COMMERCIAL CORPORATION COURT OF COMMON PLEAS
ASSIGNEE OF FURNIVAL COUNTY OF CUMBERLAND
MACHINERY COMPANY
VS.
NO. 07-5946
ALBRIGHT LLC,
WILLIAM T. PHILLIPY, PATRICIA R. PHILLIPY
and
WACHOVIA BANK, N.A.,
GARNISHEE
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: CITICAPITAL COMMERCIAL CORPORATION ASSIGNEE OF FURNIVAL
MACHINERY COMPANY, Plaintiff
1. No.
2. No, Defendant has no relationship with Wachovia Bank, N.A.
3.- 6. No.
7. (Q) If you are a bank or other financial institution, at the time you were served or
at any subsequent time did the defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that upon
deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?
(A) No.
8. (Q) If you are a bank or other financial institution, at the time you were served or
at any subsequent time did the defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the general
monetary exemption under 42 Pa.C.S. § 8123? /I . d
(A) No.
JON C. SIB
Attorney for
Dated:
WACHON A
104 Independence Ma'f
11th Floor - PA4418
Philadelphia, PA 19106
VERIFICATION
John O'Donnell, being duly sworn according to law, deposes and says that he is the Writ
of Execution Administrator of Wachovia National Bank, Garnishee herein, and verifies
that the statements made in the foregoing Answers to Interrogatories are true and
correct to the best of his knowledge. Said Garnishee understands that false
statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to
sworn falsif ication to authorities.
1 C '
ohn O'Donnell__
Manager `
Dated: ? v
C7
-
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s tr
r
i
,-?-, .
c?
?7t
.? ,,
r?.
{'
W
-C '..?
CITICAPITAL COMMERCIAL CORPORATION
ASSIGNEE OF FURNIVAL MACHINERY
COMPANY
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
vs.
ALBRIGHT LLC, WILLIAM T. PHILLIPY,
PATRICIA R. PHILLIPY
and
NO. 07-5946
WACHOVIA BANK, N.A.,
GARNISHEE ATTORNEY I.D.# ?b I vJ
ORDER TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, Wachovia Bank, National Association,
discontinued, upon payment of your costs only.
U
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff,
V.
Albright, LLC and
William T. Phillipy and
Patricia R. Phillipy
Defendants
Wachovia Bank, N.A.
and
PNC Bank, N.A.
Garnishees.
NO. 2007-05946
PRAECIPE TO DISSOLVE GARNISHMENT
AGAINST GARNISHEE, PNC BANK
TO THE PROTHONOTARY:
Please mark the Garnishment filed against Garnishee, PNC Bank, DISSOLVED with regard to
the above-captioned matter.
Respectfully submitted,
LAMM RUBENSTON LC
By:
u d, Esquire
Attorney 0.80988
3600 Horizon Boulevard, Suite 200
Trevose, Pennsylvania 19053
(215) 638-9330; (215) 638-2867 (f)
Date: 7 66 q Attorneys for Plaintiff
384364v1
s
r77
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff,
V. NO. 2007-05946
Albright, LLC and
William T. Phillipy and
Patricia R. Phillipy
Defendants
Wachovia Bank, N.A.
and
PNC Bank, N.A.
Garnishees.
CERTIFICATE OF SERVICE
I, Jennifer D. Gould, Esquire, do hereby certify that I caused a true and correct copy of the
Praecipe to Dissolve Garnishment Against Garnishee, PNC Bank, to be served this date by first-class
mail, postage prepaid, as follows:
Carol Williams Cumberland County Sheriff
PNC Bank 1 Courthouse Square
Firstside Center Carlisle, PA 17013
500 First Avenue
Pittsburgh, PA 15219
Date:
LAMM RUBENSTON C
By:
r D. ld, Esquire
Attorneys for aintiff
384364vi
r-a
t e_
cll?
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 350.00
Sheriff s Costs: 224.91
Docketing 18.00 124.09
Poundage 4.41
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 12/22/08
Mileage 42.00
Surcharge 80.00
Levy 60.00
Certified Mail
Post Pone Sale
Garnishee 18.00
Postage pg
TOTAL $ 225.91 ? 1?z? 3M? So Answers;
T omas Kline, Sheriff
By Claudia A. Brewbaker
0I _:11 V 0I NOr 8001
tad A L
• Sv ?,L
CK=d &?'2w
IZ--Ii- 01184403
0
v
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N007-5946 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITICAPITAL COMMERCIAL CORPORATION
ASSIGNEE OF FURNIVAL MACHINERY COMPANY Plaintiff (s)
From ALBRIGHT LLC, WILLIAM T PHILLIPY, PATRICIA R PHILLIPY 236 ERFORD
ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell UPON ANY AND ALL
i BUSINESS AND PERSONAL ASSETS OF ANY KIND OR SORT INCLUDING BUT NOT
LIMITED TO CASH, AUTOMOBILES, TOOLS, EQUIPMENT, FURNITURE,
INVENTORY, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO
EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE,TELEVISIONS, DESKS,
ELECTRONIC EQUIPMENT, VCRS/DVDS, OR ANY OTHER BUSINESS AND PERSONAL
PROPERTY OF ANY KIND OR SORT LOCATED AT 236 ERFORD ROAD, CAMP HILL,
PENNSYLVANIA 7011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
Z 3
of WACHOVIA BANK N A 604 EAST HIGH STREET, CARLISLE PA & P NC BANK N A AT
105 NOBLE BOULEVARD, CARLISLE PA
GARNISHEE(S) as follows:
ANY AND ALL DEPOSITS, SECURITIES, CHECKING, SAVINGS, MONEY MARKET, AND/OR
OTHER ACCOUNTS OF ANY KIND OR SORT IN THE NAME OF OR WITH REGARD TO
DEFENDANTS LOCATED AT WACHOVIA BANK N A AND PNC BANK N A
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$57,454.92 LESS SALE PROCEEDS L.L.$0.50
$37,200.00 = 1 20, a sy , 9a
Interest FROM 9/27/07(PER DIEM RATE OF $22.20)
Atty's Comm % Due Prothy $2.00
Atty Paid $193.40 Other Costs
Plaintiff Paid
Date: June 9, 2008
Cufds R. L?nat
(Seal) By: /
Deputy
F ILEO-OE1" -OFFICE
THE PROTHONOTAR"(
2911 NOV 18 PM 2: O 1
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Citicapital Commercial Corporation,
Assignee of Furnival Machinery Company
Plaintiff, :
V.
Albright, LLC and :
William T. Phillipy and
Patricia R. Phillipy
Defendants
Wachovia Bank, N.A.
and
PNC Bank, N.A. :
Garnishees.
NO. 2007-05946
PRAECIPE TO MARK JUDGMENT SATISFIED
TO THE PROTHONOTARY:
Kindly mark the judgment entered in the above-captioned matter as SATISFIED, upon
payment of your costs only.
LAMM RUBENSTONE LLC
By:
Brian H. S , Esquire
Attorney I. No.: 65627
3600 Horizon Blvd., Ste. 150
Trevose, PA 19053
(215) 638-9330
Attorneys for Plaintiff
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