HomeMy WebLinkAbout08-0343IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SOVEREIGN BANK, Assignee of
Nationwide Funding, LLC
619 Alexander Road
Princeton, NJ 08540
Plaintiff,
V. NO. - 343 ( iwa Term
CRIDER EXCAVATING, INC.
555 Bosler Avenue
Lemoyne, PA 17043
and
RICHARD CRIDER
47 Fleisher Road
Marysville, PA 17053
Defendants. :
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
376887-1
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 COURTHOUSE
4TH 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 u 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 COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
376887-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SOVEREIGN BANK, Assignee of
Nationwide Funding, LLC
619 Alexander Road
Princeton, NJ 08540
Plaintiff,
V.
CRIDER EXCAVATING, INC.
555 Bosler Avenue
Lemoyne, PA 17043
and
RICHARD CRIDER
47 Fleisher Road
Marysville, PA 17053
Defendants.
NO.
COMPLAINT
Plaintiff, Sovereign Bank, Assignee of Nationwide Funding, LLC, by and through its
undersigned attorneys, Lamm Rubenstone LLC, brings this action against the above-named
Defendants, Crider Excavating, Inc. and Richard Crider, and in support thereof avers as follows:
1. Plaintiff, Sovereign Bank ("Sovereign"), Assignee of Nationwide Funding, LLC
("Nationwide"), is a Federal Savings Bank chartered by the Office of Thrift Supervision, with its
principal place of business located at 619 Alexander Road, Princeton, NJ 08540.
376887-1
2. Defendant, Crider Excavating, Inc. (CEI") is, upon information and belief, a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania, whose
last known address to Sovereign is 555 Bosler Avenue, Lemoyne, PA 17043.
3. Defendant, Richard Crider ("Crider"), is, upon information and belief, an adult
individual whose last known address to Sovereign is 47 Fleisher Road, Marysville, PA 17053
and who is President of CEI.
4. On or about September 17, 2003, CEI and Nationwide entered into a certain
Lease Agreement ("Lease"), which provided for the lease and hire of certain items of equipment
as more particularly described therein ("Equipment"). A true and correct copy of the Lease is
attached hereto, incorporated herein, and marked as Exhibit "A."
5. The Lease requires CEI to, inter alia, make sixty (60) consecutive monthly
payments to Nationwide in the amount of $1,438.16 each, plus applicable taxes, until the entire
obligation of the Lease is paid in full.
6. On even date, Crider executed an Equipment Lease Guaranty ("Guaranty")
wherein he unconditionally guaranteed the faithful and full performance by CEI of all terms and
conditions of the Lease. A true and correct copy of the Guaranty is attached hereto, incorporated
herein, and marked as Exhibit "B."
7. On even date, Sovereign became the holder of all right, title and interest in and to
the Lease, Guaranty and Equipment by virtue of assignment by Nationwide. A true and correct
copy of the Assignment is attached hereto, incorporated herein, and marked as Exhibit "C."
COUNT I - BREACH OF CONTRACT
SOVEREIGN V. CEI AND RICHARD CRIDER
8. Sovereign incorporates by reference Paragraphs 1 through 7 as though fully set
forth herein.
376887-1
9. CEI breached the terms and conditions of the Lease and Crider breached the terms
and conditions of the Guaranty, and became in default thereof, by reason of their failure to make
the monthly payments under the Lease and Guaranty thereof for November, 2006 and all
payments thereafter.
10. As a result of the aforementioned default(s), Sovereign exercises its right to
declare the entire balance of the unpaid lease payments for the full term of the Lease to be
immediately due and payable.
11. Despite demand for payment, CEI and Crider have failed and refused to pay
Sovereign the accelerated balance due, or any portion thereof, in accordance with the terms and
provisions of the Lease and Guaranty.
12. In accordance with the terms and conditions of the Lease and Guaranty, CEI and
Crider are obligated and liable to Sovereign for the following:
Lease Payments $30,201.36
Late Charges 2,143.73
Total $32,345.09
13. In accordance with the terms and conditions of the Lease and Guaranty, CEI and
Crider are liable to Sovereign for costs, expenses and reasonable attorney's fees and expenses
presently in the amount of $1,500.00.
WHEREFORE, Plaintiff, Sovereign Bank demands judgment in its favor and against
Defendants, Crider Excavating, Inc. and Richard Crider in the amount of $33,845.09, plus
additional attorneys' fees as they accrue, costs of suit, interest, and such other relief as the Court
deems just and proper.
376887-I
COUNT II - REPLEVIN
SOVEREIGN V. CEI
14. Sovereign incorporates by reference Paragraphs 1 through 13 as though fully set
forth herein.
15. Pursuant to the terms and conditions of the Lease and the Uniform Commercial
Code as enacted in Pennsylvania and by virtue of the default of CEI, Sovereign is entitled to
immediate possession of the Equipment consisting of
One (1) Terex Backhoe Model TX860SB S/N 810028024
One (1) 76' C. E. Attach Preparator Model 500340 S/N BO 12061
One (1) Set of Pallet Forks for Skid Loader, 1-500940 Carriage, 2-511133 Forks 48"
16. CEI in possession of the Equipment to the exclusion of Sovereign.
17. The estimated value of the Equipment is less than $33,000.00.
18. Although demand has been made, CEI has failed, refused and neglected to deliver
possession of the Equipment to Sovereign.
WHEREFORE, Plaintiff, Sovereign Bank demands Judgment in its favor and against
Defendant, Crider Excavating, Inc. for possession of the Equipment, or its equivalent value, plus
additional attorney's fees, costs, expenses, interest and such other relief as this Court deems just
and proper.
COUNT III - CONVERSION
SOVEREIGN V. CEI
19. Sovereign incorporates by reference Paragraphs 1 through 18 as though fully set
forth herein.
20. CEI has interfered, without lawful justification, with Sovereign's property rights
in the Equipment as both owner and/or perfected secured party of said Equipment.
376887-1
21. Under the terms of the Lease, the Equipment remains the property of Sovereign,
and no right, title or interest in the Equipment shall pass to CEI.
22. CEI has demonstrated an intent to exercise dominion, or control over the
Equipment, which is inconsistent with Sovereign's property rights, as established by the
conditions set forth in the Lease and the applicable provisions of the Uniform Commercial Code.
23. Alternatively, CEI is unreasonably withholding possession from Sovereign as to
the Equipment, and Sovereign has the right to immediate repossession of same.
WHEREFORE, Plaintiff, Sovereign Bank demands Judgment in its favor and against
Defendant, Crider Excavating, Inc. for possession of the Equipment, or its equivalent value, plus
additional attorney's fees, costs, expenses, interest and such other relief as this Court deems just
and proper.
LAMM RUBENSTONE LLC
By:
owe Esquire
Jennifer M. vies, Esquire
Attorneys for Plaintiff
376887-1
VERIFICATION
Ana Stesney, Assistant Vice President of Sovereign Bank, being duly sworn according to
law, verifies that she is a duly authorized representative of Plaintiff, Sovereign Bank, 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.
By:
Stesney, Asst.'?jc? President
376887-1
I/xk, ?) ? C I
LESSOR: Nationwide Funding, LLC LEASE NUMBER
5520 Trabuco Rd., Bldg G
Irvine, CA 92620 BR 2 3 0 0 8 3 0
FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS)
Crider Excavating, Inc See attached Sdhedu e, W
555 Bosler Avenue
Lemoyne, PA 17043
JOINTLY AND SEVERALLY RESPONSIBLE
QUANTITY DESCRIPTION, MODEL #, CATALOG SERIAL # OR OTHER IDENTIFICATION
E
Q L
U E
I
P S See Schedule A attached hereto and made a part of.
M E
E
N D
T
EQUIPMENT STREETADDRESS
LOCATION IF
DIFFERENT
CITY COUNTY STATE ZIP
AMOUNT OF EACH PAYMENT MONTHLY ® TERM OF LEASE NO. OF PAYMENTS SECURITY
TERMS (PLUS SALES TAX, IF APPLICABLE) OTHER/SPECIFY ? (NO. OF MONTHS) DEPOSIT
$1,438.16 2 Rental Payments in
Advance 60 60 $0.00
TERMS AND CONDITIONS OF LEASE
1. LEASE. Lessee hereby leases from Lessor, and Lessor bases to Lessee, the personal property described above, together with any replacement parts, additions, repairs or accessories now or
hereafter incorporated in or affixed to it (hereinafter referred to as the 'Equipment).
2. ACCEPTANCE OF EQUIPMENT. Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by
Lessor, alter the Equipment has been delivered and after Lessee is satisfied that to Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to Insert in this Lease serial
numbers or other idenfifyiM data with respect to the t.
3. DISCLAIMER OF WARRANTIES AND CLAIMS; LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR Lessee
acknowledges and agrees by his signature below as follows
(a) LESSOR MAKES NO WARRANTIES EITHER EXPRESSED OR IMPLIED AS TO THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY
ITS FITNESS OR SUITABILITY FOR
,
ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, ITS Y2K COMPLIANCE. OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT;
(b) Losses has fully inspected the Equipment which t has requested Lessor to acquire and base to Lessee, and the Equipment is in
good corxlglim and to Lessee s complete satisfaction;
(c) Lessee leases the Equiprient'as is' and with all faults;
(d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, or household purposes;
(a) If the Equipment is not properly installed, does not operate as represented or warranted the
by supplier manufacturer, or is unsatisfactory for any reason, regardless of cause or
'
consequence. Lessee
s only remedy, if any. shell be against the supplier or manufacturer of Me- Equipment and not against Lessor,
(U Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made b
this su
lier or the
an
f
t
f t
E
i
y
pp
u
m
ac
urer o
he
qu
pment;
(g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AGAINST LESSOR; and
?
(h) NO DEFECT, DAMAGE, OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR
?
RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE
The parties have specifically negotiated and agreed to the foregoing pragraph. k*ials
4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the "at of both parties to this Lease that it quality as a statutory finance lease under Mile 2A of the
Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment Lessee
acknowledges that Lessor has not participated in any way in Lessee's selecti
f th
E
i
on o
e
qu
pment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment.
LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER C
O
EN B
H
S
Y LESSEE
AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS.
5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT
LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIP
,
MENT
OR ANY INTEREST THEREIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY
.
6. COMMENCEMENT, RENTAL PAYMENTS; INTERIM RENTALS. This Lease shall commence upon the written acceptance hereof by Lessor and shall end upon full
performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Renal payments shall be In the
amounts and frequency as set forth on the face of this Lease or an
Schedules heret
I
dditi
t
i
y
o.
n a
on
o regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment pr
or to the
due date of the first payment Interim rent shall be in an amount squat to trJOe of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment Is accepted
by Lessee and the commencement date of this Lease, together with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim
rent shall be due and payable upon Lessee's receipt of invoice from Lessor
The r
t
l
i
d
.
per
en
a
o
under the Lease shall terminate following the last day of the term staled on the face hereofor In any
Schedule hereto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment
forwhatever reason
is not
,
,
delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an
AS e
dgemaM and Acceptance of Equipment by Lessee acknowledging its acceptance of the E
ui
e
t
ithi
thi
30
S
q
pm
n
w
n
rty (
) days after it is delivered to Lessee, with respect to this Lease or any
e hereto.
7. CHOICE OF LAW. This Lease shall riot be effective until signed by Lessor at its principal office listed above. This Lease shall be considered to have been made in the state of Lessor's
principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business.
Lessee agrees to judsdk:tion in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it
and each of them
,
.
transacted business in the state of Lessor's principal place of business listed above by entering into this Lease. In the event of any legal action with regard to this Lease or the equipment covered
hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business.
Lessee authorizes Lessor, its successors, assigns and potential assigns, to obtain a personal credit profile from a national credit bureau for purposes of update, renewal or extension ofcredit and for
reviewing or collecting this Lease.
Any notices required by this Lease or the UCC shat be deemed to be delivered when a record properly directed to the intended recipient has been (a) deposited with the US Postal Service, (b)
transmitted by facsimile
(c) transmitted throu
h th
I
,
g
e
nternet or (d) has been personally delivered.
THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE PAGE TWO FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE.
LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN. BROKER, OR AGENT OF ANY BROKER OR SUPPLIER
IS AN AGENT OF
,
LESSOR. NO BROKER OR SUPPLIER NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF
THIS LEASE. AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER
NOR ANY SALESMAN
BROKER
OR AGENT OF ANY
.
,
.
BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS SET FORTH IN THIS LEASE.
LESSEE: Crider Excavating, Inc. LESSOR: N ionv ide
Funn ' LLC
Fu
DATE -- ` DATE
9
/1 8/03
_
_
Richard D. Crider President Evan Lang, PrEI6446ht
s c/tA
??
t i
?
DATE
'
_
1
:.
r
r
_? - /.Z
-• e J
eDG100.doc (104) Rev. 6101
8. SECURITY DEPOSIT. As security for the prompt sty ayment of the amounts due under
this Lease, and Lessee's complete performance of all its , ,ons under this Lease, and any
extension or renewal hereof. Lessee has deposited with Lessor the security amount set forth in the
section shown as "Security Deposit'. In the event any default shall be made in the performance of any
of Lessees obligations under this Lease, Lessor shall have the right, but shall rat be-obligated, to apply
the security deposit to the curing of such default. Within 115 days after Lessor mails notice to Lessee
that Lessor has applied any portion of the security deposit to the curing of any default Lessee shall
restore said security deposit to the full amount set forth above. On the expiration or earger termination
or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid 90 of the
rent called for and fully perforated all other provisions of this Lease. Lessor will return to the Lessee any
tan remaining balance of said security deposit. Without interest. Said security deposit may be
commingled with Lessor's other finds.
9. LIMITED PREARRANGED AMENDMENTS; AUTHORIZATION; SPECIFIC
POWER OF ATTORNEY. In the event it is necessary to amend the terms of this Lease to
reflect a charge in one or more of the following conditions: (a) Lessor's actual cost of procuring the
Equipment. or (b) Lessor's actual cost of providing the Equipment to Lessee. or (c ) A change in rental
payments as a result of (1) or (2) above, or (d) Description of the Equipment Lessee agrees that arty
such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 delta after
the date of such letter Losses objects in writing to Lessor, this Lease shalt be deemed amended and
such amendments stall be incorporated in this Lease herein as 'nf originally set forth.
Lessee authorizes Lessor or is designee to file a Uniform Commercial Code financing statement
without Lessee's signature, in form and content and from time to time as Lessor deems proper, listing
Lessee as Lessee or Debtor. Lessee further grants to Lessor a specific power of attorney for Lessor to
may sign, endorse or negotiate for Lassoes benefit any instrument representing proceeds from any
policy of insurance covering the Equipment.
10. LESSEE'S REPRESENTATION. Lessee represents that its exact legal name, state of
incorporation, location of its chief executive office and/or its place of residence as applicable, have been
correctly identified to Lessor.
11. USE; EQUIPMENT LOCATION. Lessee shall use the Equipment in a careful manner,
make off necessary repairs at Lessee's expense, shag comply with all laws totaling to its possession,
use, or maintenance. and shag not make any alterations, additions, or improvements to the Equipment
without. Lessors written consent At additions, repairs or Improvements made to the Equipment shall
belong to Lessor. The Equipment shall be kept at the location specified above, or, if none is specified, at
Lessee's address as set forth above and shall not be removed without Lassoes written consent.
12. OWNERSHIP; PERSONALTY. The Equipment is, and shag remain, the property of
Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in
this Lease. The Equipment shag remain personal property even though installed in or attached to real
property.
13. SURRENDER, By this Lease. Lessee acquires no ownership lights in the Equipment, rod
has no option to purchase some. Upon the expiration, or earlier termination or cancellation of this
Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shat return the
Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by
delivering k, packed and ready for shipment, to such place as Lessor may specify.
14. RENEWAL. At the expiration of the Lease, Lessee shad return the Equipment in accordance
with Paragraph 13, hereof. At Lassoes option, the term will be extended automatically for successive 12
months unless you send us written notice you do not want l renewed at least thirty (30) days before to
end of any term. In the event the Lease is so continued. Lessee shag pay to Lessor rentals in the same
periodic amounts as Indication under 'Amount of Each Payment; above.
15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear fine entire risk
of Was, tfhel, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft
damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply
with any other obligation under this Lease. In the event of damage to any part of the Equipment, Lessee t
shall.immedfately place the same in good repair at Lessee's expense. If Lessor determines that any
if
part of the Equipment is lost, stolen, destroyed, or damaged beyond repair. Lessee shall, at Lessee's
option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to
Lessor ; or (b) Pay Lessor in cash the following: (f) all amounts due by Lessee to Lessor under this
Lease up to the data of the loss; (ii) the accelerated balance of the total amounts due for the remaining
term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of
the date of loss; and; (iii) the Lessors estimate as of the time this Lease was entered into of Lessor's
residual interest in the Equipment, discounted to presets value at a discount rate of 9%, as of the date
of loss. Upon Lessors receipt of payment as set forth above, Lessee shall be entitled to title to the a
Equipment without any warranties. It insurance proceeds are used to fully comply with this e
subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the 2
Equipment for to remaining term of the Lease. Le
16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against at
loss, theft, damage, or destruction of the Equipment in an amount not less titan the full replacement
value of the Equipment. with loss payable to the Lessor. Lessee also shall provide and maintain
comprehensive general all-risk liability insurance including but not limited to product liability coverage, 2
insuring Lessor and Lessee, with a severabitity of interest endorsement, or its equivalent, against any
and all loss or liability for all damages, either to persons or property or otherwise, which might result s
from or happen in connection with the condition, use, or operation of the Equipment, with such limits and of
with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to 2
Lessor and its assigns shall not be invalidated by any ad, omission, or neglect of Lessee and cannot be in
cancelled without 30 days' prior written notice to Lessor. As to each policy Lessee shall furnish to irg
Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance 27
coverage required by this Paragraph. Lessor shag have no obligation to ascertain the existence of or by
provide any insurance coverage for the Equipment or for Lessees benefit. If Lessee fails to provide ev
such insurance. Lessor will have the right, but no obligation, to have such insurance protecting Lessor
placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments,
such increase being attributed to Lessoes costs of obtaining such insurance and any customary charges
or fees of Lassoes or its designee associated with such insurance.
Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall
pay all charges and taxes (local, state, and federal) which may now or hereafter be imposed upon the
ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all
axes on or measured by Lessor's net income. Lessor shall pay such charges or taxes. In that event,
Lessor shat notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within 15
lays after such notice is mailed to Lessee.
17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or
iabilities, including all attorney fees, arising out of or connected with Equ'npmenL without limitation. Such
ndemnffication shall survive the expiration, cancellation, or termination of this Lease. Lessee waives
any immunity Lessee may have under any indAtrial insurance act, with regard to indemnification of
.essor.
eDGiOO.doc (104) Rev. 6/01
18. ASSIGNMENT BY ! '"°SOR. Any assignee of Lessor shag have all of the rights but none
of to obligations of Lessor his Lease. Lessee shall recognize and hereby consents to any
assignment of This Lease by .dssor, and shag not assert against ft assignee any defense,
counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease Inures
to the benefit of and is binding upon the heirs, devisees, personal representatives, survivors,
successors in interest, and assigns of the parties hereto.
19. SERVICE CHARGES; INTEREST. If Lessee shag fail to make any payment required
by this Lease within 10 days of to due date thereof, Lessee shag pay to Lessor a service dirge of 8%
of the amount due; provided, however. that not more than one such service charge shag be made on
arty delinquent payment regardless of the length of ft delinquency. In addition to the foregoing service
charge, Lessee shalt pay to Lessor a $100 defauk fee with respect to any payment which becomes tarty
(30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by
Lessor in collection efforts, including but not limited to long-distance telephone charges and travel
expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this
Lease from the due date thereof until paid, alithe lesser of the maximum rate of interest allowed by law
or 18% per annum
20. TIME OF ESSENCE. Time is of the essence of this Lease, and this provision shat not be
impfiedly waived by to acceptance on occasion of late or defective performance.
21. DEFAULT. Lessee shelf be in defouk it: (a) Lessee shag fail to make any payment due under
the terra of gas Lease for a period of 10 days from the due date torrent; or (b) Lessee shat fail to
observe, keep or perform any other provision of this Lease, and such failure shall continue for a period
of 10 days; or (c) Lessee has made any misleading or false statement, or representation in connection
with application for or performance of this Lease; or (d) The Equipment or any part thereof stall be
subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application,
attachment, execution, subleass, or sale without prior written consent of Lessor, or if Lessee shall
abandon the Equipment or permit any other entity or person to the use Equipment without the prior
written consent of Lessor, or (e) Lessee dies or ceases to exist; or (Q Lessee changes its name, state of
incorporation chief executive office and/or place of residence without providing Lessor with 30 days
written notice of such charge; or (g)Lessee defaults on any other agreement it has with Lessor, or (h)
Any guarantor of this Lease defau its on any obligation to Lessor, or any to the above listed events of
default Occur with respect to any guarantor or any such guarantor files or has filed against it a petition
under the bankruptcy laws.
22. REMEDIES. N Lessee is in default, Lessor, with or without notice to Lessee, shat have the
right to exercise any one or more of the following remedies, concurrently or separately, and without any
election of remedies being deemed to have been made: (a) Lessor may enter upon Lessees premises
and without arty court order or other process of law may repossess and remove the Equipment, or
render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby
waives any trespass or right of action for damages by reason of such entry, removal or disabling. Any
such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in
writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary
wear and tear resulting from proper use thereof alone, excepted, by deltvering t, packed and ready for
shipment, to such place as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may
retain any and all prior payments paid by Lessee. (d) Lessor may declare all sums due and to become
due.under this Lease immediately due and payable, including as to any or all items of Equipment.
wlhoul notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee,
to any third party, upon such terms and conditions as Lessor alone shag determine, or may sell fire
Equipment, without notice to Lessee, al private or public sale, at which sale Lessor may be to
purchaser. (Q Lessor may sue for and recover from Lessee the sum of all unpaid rents and other
Payments due under this Lease then accrued. all accelerated future payments due under this Lease,
reduced to their present value using a discaat rate of 6%, as of dot date of default, plus Lassoes
estmate at the time this Lease was entered into of Lassoes residual interest in the Equipment, reduced
o present value at a discount rate of 6%, as of the date of default. less the net proceeds of disposition,
any, of to Equipment; (g) To pursue any other remedy available at law, by statute or equity.
No right or remedy herein conferred upon or reserved to Lessor is exclusive of
arty other right or remedy
herein, or by law or by equity provided or permitted, but each shall be cumulative of every other right or
emredy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be
enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right
or remedy hereunder shat preclude any other or further exercise of any other right of remedy.
23. MULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder,
rnodi(y, extend, or change any of the terns hereof without consent or knowledge of the others, without in
fly way releasing. waiving, or impairing any right granted to Lessor against the others. Lessees and
ach of them are jointly and severally responsible and liable to Lessor under this Lease.
4. EXPENSE OF ENFORCEMENT. In the event of any legal action with respect to this
ase, the prevailing party in any such action shelf be entitled to reasonable attorney fees, including
looney fees incurred at the trial level, including action in bankruptcy court, on appeal or review, or
ehasred without action, suits or proceedings, together with all rests and expenses incurred in pursuit
thereof.
5. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This
nstrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease
all be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor
any provision hereof in one instance shall not constitute a waiver as to any other instance.
6. SEVERABILITY. This Lease is intended to constlute a valid and enforceable legal
strument and no provision of this Lease that may be deemed unenforceable shall in any way
ablate any other provision or provisions hereof, all of which shall remain in full force and effect.
. FACSIMILIE. If a signed copy of this Lease or any associated document is delivered to Lessor
facsimile transmission it shall be binding on Lessee and Lessee agrees, notwithstanding any rule of
idance to to contrary, that such facsimile signature of Lessee shall be deemed an original signature.
LESSEE HAS READ AND AGREES TO ALL ITEMS ON THIS PAGE 2 OF 2 Initials
SCHEDULE"A"
Vendor: Shaul Equipment and Supply Company
P.O. Box 612,100 Market St.
Lemoyne, PA 17043
Item Quantity Description
1 1 Terex Backhoe Model TX860SB S/N 810028024
2 1 76" C.E. Attach Pre arator Model 500340 SIN B012061
3 1 Set of Pallet Forks for Skid Loader, 1-500940 Carriage, 2-
511133 Forks 48"
Page 1 of 2
This Schedule is hereby verified as correct by the undersigned Lessee and constitutes all
the equipment covered by the referenced lease.
LESSEE: Crider Excavating, Inc.
By: Richard D. Crider
President
Title:
Date: ?? ?ti-fi 9J? Q?
Exhibit attached to and made part of Lease NO. dated the 18 day
of September 2003 between Lessee and Nationwide Funding, LLC.
--- Gam-,--
By: Evan Lang
President
Title:
Page 2 of 2
?xl??h ? B
QUIPMENT LEASE GUARA" "Y
LESSOR: Nationwide Funding, LLC
5520 Trabuco Rd., Bldg G
Irvine, CA 92620
LEASE NO: BR2300830
DATE OF LEASE: 9/17/03
This Guaranty Agreement made and entered into this 17 day of September , 200 by Richard D. Crider (hereinafter referred to
collectively as "Guarantor'), in favor of Nationwide Funding, LLC (hereinafter referred to as "Lessor').
WHEREAS, it is contemplated that Lessor may enter into a lease and/or other related agreements (hereinafter collectively "Lease") with Crider Excavating.
Inc. (hereinafter collectively 'Lessee*); and,
WHEREAS, Guarantor has an interest, financial or otherwise, in Lessee, and it is to the benefit of Guarantor that Lessor enter into the Lease with Lessee, and
Guarantor has read the proposed Lease in full and finds the terms of said Lease acceptable, and in recognition that Lessor would be unwilling to enter into the
Lease without the Guaranty hereinafter set forth, and in recognition of Lessor's reliance upon the Guaranty in entering into the Lease;
NOW, THEREFORE, in order to induce Lessor to enter into the Lease, Guarantor, jointly and severally, unconditionally guaranties the faithful and full
performance by Lessee of all terms and conditions of the Lease. In the event of default by Lessee, or failure to faithfully perform any of the terms or conditions
required of Lessee under the Lease, or in the event of failure of Lessee to make any or all payments of money required of it under the Lease, Guarantor
unconditionally promises to pay to Lessor, in lawful money of the United States, all sums at any time due and unpaid under the Lease, plus costs of collection,
including reasonable attorney fees with or without trial, and upon appeal and review.
The obligations of Guarantor hereunder are joint and several and independent of the obligations of Lessee under the Lease, and a separate action or actions
may be brought against Guarantor, whether action is brought against Lessee or whether Lessee be joined in any action or actions, the liability of Guarantor
hereunder being primary. Guarantor hereby waives the benefit of any suretyship defenses affecting its liability hereunder or the enforcement hereof.
Guarantor authorizes Lessor, without notice or demand, and without affecting Guarantor's liability hereunder, from time to time to renew, extend, accelerate, or
otherwise change the payment terms or other terms of the Lease or any part thereof. Lessor may, without notice, assign this Guaranty in whole or in part.
Guarantor authorizes Lessor, its successors, assigns and potential assigns, to obtain a personal credit profile from a national credit agency for purposes of
update, renewal or extension of this Guarantv and for reviewing or collecting upon this Guaranty
Guarantor hereby waives any right to require Lessor to: (a) proceed against Lessee; (b) proceed against or exhaust any security held by Lessor; or (c). pursue
any other remedy in Lessor's power. Guarantor waives any defense arising by reason of any defense of Lessee, or by reason of the cessation, from any cause
whatsoever, of the liability of Lessee under the Lease. Guarantor waives any and all demands for performance, notices of nonperformance or default, and notices
of cancellation or forfeiture. Lessor may apply all proceeds received from Lessee or others to such part of Lessee's indebtedness as Lessor may deem
appropriate without consulting Guarantor and without prejudice to or in any way limiting or lessening the liability of Guarantor under this Guaranty.
If Lessee is a corporation, the undersigned warrant and represent that they are stockholders, directors or officers and/or are financially or otherwise interested
in Lessee, and, if married, their marital communities are so interested.
This Guaranty shall not be affected or discharged by the death of the undersigned, but shall bind Guarantor's heirs and personal representatives, and shall
inure to the benefit of any successors or assigns of Lessor.
This instrument constitutes the entire agreement between Lessor and Guarantor. No oral or written representation not contained herein shall in any way affect
this Guaranty, which shall not be modified except by the parties in writing. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver
as to any other instance.
IMPORTANT: THIS AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT
UNTIL YOU HAVE FULLY READ IT. BY SIGNING YOU COMPLETELY AGREE TO ITS TERMS.
IN WITNESS WHEREOF, the undersigned Guarantor(s) has/have executed this Guaranty this 17 day of Sc--ptembr-r , 20 n3
GUA TOR: 'ch d D. Crider GUARANTOR:
a- q /d
MA ME Richard D. Crider PHONE NUMBER NAME PHONE NUMBER
y0 E ADDRESS HOME ADDRESS
Cy %f1le?l sh k)? Rd
CITY STATE ZIP
L+ a L PA t ?' a s
NI NESS
CITY STATE ZIP
WITNESS
DG105.doc (105) Rev. 11100
?
n
? ?
?
? * ?,
?) ?
d ?,» j ?r;
?
? ?
,
:: . (
.Yi
..
? ?} ?,
---? ....
"[
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-00343 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK
VS
CRIDER EXCAVATING INC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a ?iligent search and
and inquiry for the within named DEFENDANT to wit:
CRIDER RICHARD
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY County'lI Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January 30th , 2008 this office was in receipt of t
attached return from PERRY
Sheriff's Costs: So answers:
Docketing 6.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Postage 1.55 Sheriff of Cumberland County
26.55 ?r a]bS?uq
00/00/0000
LAMM RUBENSTONE LLC
Sworn and subscribe to before me
this day of ,
A.D.
r
In The Court of Common Pleas of Cumberland Cdunty, Pennsylvania
Sovereign Bank
vs.
Crider Excavating Inc et al
SERVE: Richard Crider No. 08-343 civil
Now, January 18, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
lip
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, , 20 , at o'c ock M. served the
within
upon _
at
C
by handing to
a
and made known to
copy of the original
So answers,
Sworn and subscribed before
me this day of , 20
Sheriff of
COSTS
SERVICE _
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00343 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK
VS
CRIDER EXCAVATING INC ET AL
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
/'I-) -r TI T-7n L+ V nT T TT T' T TT(' TNTr the
DEFENDANT , at 1630:00 HOURS, on the 29th day of January 2008
at 555 BOSLER AVENUE
LEMOYNE, PA 17043 by handing to
JESSICA DEARDORFF, OFFICE ASST ADULT IN CHARGE
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
a?o?las ?^
So Answers:
18.00
15.36
:
.00
10.00 R. Thomas Kline
.00
43.36 01/29/2008
LAMM RUBENSTONE/
Z
4
Sworn and Subscibed to 3 p:4
before me this day
of A.D.
utlV-She<fif
01/24/2008 10:19 FAX 2152446852 Lamm Rubenstone LesavoY
LAW OFFICES
LAMM RUBENSTONE LLC
L19HIGH VALLEY OFFICE
3600 HORIZON BOULEVARD
1275 GLENLIVET DRfVE
SUITS 100 SUITE 200
ALLENTOWN. PA IBI06
TRl?YOS$
PA 19053
(410) 706.4300 ,
(610) 706-4343 FAX (215) 638-9330
FAX; (213) 638-2861
www.hmmmbenszone.COm
Jennifer M. Davies
Direct Dial No.. (215) 244-2443
E-Mail: JDAYIES@LAMMRUBENSTONE.COM
January 24, 2008
Via Facsimile (717) 582-5115
Sheriff s Office
Attn: Peg
Perry County Courthouse
25 West Main Street
New Bloomfield, PA 17068
RE: Sovereign Sank, Assignee of Nationwide Funi
Excavating, Inc. and Richard Crider
Court of Common Pleas of Cumberland County; No.
Our File No. 12762-293
Dear Peg:
Z 002
NEW JERSE'r OFFICE
COMMERCE ENTER
.JITE 100
1800 WEST CHAPEL ?VENU$
CHERRY HILL, -rJ 08002
(856; 490.8006
FAX: (856; 488-5690
LLC v. Crider
Pursuant to your conversation this morning with my office, please cease all service
attempts on Richard Crider located at 47 Fleisher Road, Marysville, PA 17053 due to the fact
that this individual has filed for bankruptcy.
If you have any questions, please contact our office. Thank you,
Very truly yours,
LAMM RUBENST NE LLC
By:
JMD/md
b0:11 d 8 Z Naf 8001
Vd ',k 1?tf lG? UN •'` 1U3ewn
331U3HS 3HI ?0 3013. 0
1??0 5 ??
3 ?FIS
St ?p111Y htMif'9l
Esquire
377562-1
?7?
David 1D. Bueff
Prothonotary
X.irkS. Sohonage, E SQQ
Solicitor
&nee X Simpson
IS` Deputy Prothonotary
Irene E. W orrow
2nd Deputy Prothonotary
Office of the PYothonotary
Cum6erfand County, Tennsy(vania
O - 3Y,.3CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite 100 0 Carlisle, PA 17013 • (717) 240-6195 0 Fa.,C (717) 240-6573