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HomeMy WebLinkAbout09-5941IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RSC EQUIPMENT RENTAL, NO. ?Q - 5Ry j v i l P IN CIVIL ACTION Plaintiff, VS. MADISON & SONS CONSTRUCTION LLC, Defendant, COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD ?Christopher R. Giles, Esq. PA I.D. No. 203198 Anthony R Burgess, Esq. PA I.D. No. 209209 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RSC EQUIPMENT RENTAL, NO. IN CIVIL ACTION Plaintiff, VS. MADISON & SONS CONSTRUCTION LLC, Defendant, 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 is you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff, RSC Equipment Rental, is a corporation having offices at 6778 Lincoln Hwy West, Thomasville, PA 17364. 2. Defendant, Madison & Sons Construction LLC, is a limited liability corporation whose address is 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about December 18, 2007, the Defendant executed a Credit Application for equipment rental at the terms and conditions agreed upon by the parties, as is more specifically shown by a true and correct copy of Plaintiff's Credit Application marked Exhibit(s) "A" and made apart hereof. 4. Plaintiff avers that the agreement was based upon a written agreement which the Defendant accepted by accepting the services provided by Plaintiff. 5. On or about November 30, 2007, and various times thereafter, at the request of Defendant, Plaintiff provided Defendant with certain rental equipment and services, as is more specifically shown by Plaintiff's Invoices, true and correct copies of which are attached hereto marked as Exhibit(s) "B" and made a part hereof. 6. Defendant received and accepted the aforementioned benefit of the rental equipment and/or services. 7. The prices charged by Plaintiff were the fair, reasonable and market prices that prevailed at the time(s) of the transaction(s). 8. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 9. The agreement of open account between the parties arose from words, course of dealing, and the aforementioned document(s). 10. Plaintiff avers that all conditions precedent to the Defendant's duty of performance under said agreement has occurred. 11. Plaintiff avers that the balance due amounts to $7,347.90 (Exhibits B"). 12. Plaintiff avers that interest has accrued at the legal interest rate of 6% on the principal balance due of $7,347.90 since December 28, 2007. 13. Per the terms of the agreement illustrated on the reverse side of the invoices, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 25% of the balance due. 14. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part there. WHEREFORE, Plaintiff demands Judgment against Defendant(s) in the amount of $7,347.90, with appropriate additional interest from December 28, 2007, plus attorneys' fees and costs. APPLE AND APPLE, P.C. By: !??Z/,z Attorneys for Plaintiff(s) l:ISGU Uti:32:1ti p.m U/-"-2UUd DEC-19-2007 OT:46P11 FROk- CREDIT APPLICATION & CONTRACT T-722 P.001/001 F-021 rage 1 wfZ Naw Appfiant Amcurn M ?C• •0-Croat Up6m r? p Adatrional A=Qunt (.odafy Aua. 0) Data / F4utPmeAr anur Tb lNBURE 1 3 -RFTPROCEes ING OF APPLICATION, PLFAS! PRINT LMOLY ON TYPE. RSCrental.COm a 000.222.?M Business Numb ORA If Applicobla Federal Tax ID # Phyaleal Address Cty state Zp 0011ng Address I f?Dftm nt Than Above) CRY state Zip ?? Area Coda &Wnw Phone # FA 91 Area Code Fes* Aroa Cads ray Phone n Smell Address Data Busm m Bnrrd: sma. wtaa Re&Ared enawrpemm& Auto Paymme 00nmd pawn: ? - ? Corpora" [] Partnarshlp ?OMmment IQ iabRmmaearormw6mi; 9ole Pmpdotm n Other ? LLC ? Punymaa Oratt Eaarnde of POs arm/ar deb alarm. 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F -1 CREDIT APPLICATION A CONTRACT PLEASE PRINT LEGIBLY OR TYPE Page 2 of 2 In consideration of the extension of credit to the uwarsed, sevrel ('Business Name'), 9n Pink y Ilon¦M grrarra rd pmn to pay at amoums now owhg or which may heretaser become awl and agreed that this is a continuing puamnly and RSC Equipment Renal. Inc. shat not be o ? b n? the undersigned of its dew or ampule or nD any by such the omit, that th company he RSC ndmsiprtsd Egtdpmed wives Ren demand Inc, It 4 understood of and agrees that any udruion of ems of other lerbarm. which u dhult cosy be granted by RSC EpipnrM Rental, Inc. shag not affect or ahar RSC E u' and alpaca of The mdanlprad lather weiteT (a) notice of aoceplrrce of this ll t? Rardol, a t om bo caws: 9 ry• noliat b wttidr ft natdrti guwi^h NI +nl' rAtrtwtd for parting rrdr the prareny, (c) basal of all ermpmms re cent horrtesled 4tvr; (d) d cs-offs and counterclaims: (a) al, other ft oss 10 which ft vad a RSC t>?t sowed. The unduati ? Ihraeeteee and the aaryoy lurlher agree to pay a service days b RSC Equipment Rental, Inc. at the rrtrbwm rate slowed by the laws of Rental. ale judafthort where the arl cellar dleuM to t icloo(s) it located on at daenqueM bdrtceT r wall r all emit and expo sr RSC Eq."rit Renal, Inc tips in caryctpn with n d any the ig R rd at alto fens any arWq dedr rtamri p4 balance or w othan. olt's it ¦ company on any sent or tra sapbn the company may aaer hb with RSC Equipment Rental. Inc hckx ft witlwtd i msasn reasonable asnsvs Ms Ismianly, of payment « b ragdm that mean be had to any racy. The utdrspsd obtpato t shot rem in Wnot of collection am! the fs* a and be utloirw t" d able repd o Writer *7 sub any ant incorporation, mqure the sty action k be bmuM ft or other ww agatnt de mrwny transfer, or or person tre a company, « any other c antga in the ? r pn In to of benefit of fit of Rsc SC Equuigi pnNm Rental, raelpnc., ft Um, my« «asndins a d sh if sale a M representasvas, admtis sa,?? D?? a boson of ate company. ft puarrfr aslid mule b , Inc., susaseofa ant epicene and shelf turd ft Ifads rapxont, Pam arspans, pushaesre, rd seer rrceeeaom of the undamped a any provision or put of tits parry is in carala *0 any piwiTbn. or pad thereof, a its car may be, alas be teemd nil rd void to be aslant the it may core therewith, bN wilhout Invaldahang stareni romeDls seals or N4 of 4w, ft such hereby consent(s) b RSC Equipment Re sir, he. i err of a earbAkwas consumer credit ? m nedt s r°v4b"' hurt i ss ined s p pat of suds The atderand/or ilined acKg prior(t) rior(t) in connection with the rbmion of bnshsns aedil as led He aedd application. the The undeprrd in eordar ra( to twiner m a comet as and ral(sJ, on ft u deli ardor Ilonlusle, the l RSCSC Equipment worthiness; Rtic, d to In from time to time In annactbn with sa edeam or cw t dm of ft buts aedt rmp ? enderaipsiVsd r (m) md ern ss a corhs w audit meal on report rstdrvprd with the Fadenl Felt, trade msn4d by the aadh appkatao. The urdsrvsloth! hwby mraants to Iha err of srrdr tre61 rreport consistent Raw" d Ace r contained in 15 t15C a 16f1 at seq. The comistashod notes. T obi gsli¦°n hereunder may be co , I l only by written notice delMred Is RSC Equipment Rental, Inc. by creed met, wth proof of daaey. Upon receipt by RSC EWIpmaa Rental, Ina. of a,dt undemipsd anal red be able for any further atdarsbns of ands to the company, hewem, the udersipned shot continue b be table for u In oldishow of Applicant heard to the dm of RSC E tonlid, We G"cMadt the cancellation to Me or, bgdrer with all pre- and post- autcdlipm saWOe asrgr, reasaade cosh of ootmbn. hdretg dbmys has, imxmed in RSC Equipmed Rrhl, be efforts to ime. by nt. they any and a tdetra of ft undusgnd against the Append 00 be subokseeta ad snsl(aa in rtytt of payment to the prbr payment In tut of of I dsbledrsss b RSC Equipment plental, t In eomsdamtba of RSC Equipment Rental, I c.'s rbrsiort of wits to Applicant, the undarelved hereby apre sy waim any right of 64l by jury In any proceeding arfshg as of, or mhatg to, this puvaMy, In the er4rd allowed by the laws d the rNevant jurisdesat This Lvdwdgnd fanner consents to veer for any sick action in any (u4dctiort wham vem s 4 proper r to the Applicant its Mason both of the Apps mad fro nmdrdpnd b are bat parson of all Equipment payntimle -' y A~ wNch ircbd payment b AppliaM fa ft equipment rd supplies hurrahed by RSC Equipment Ron p ens m b this splarmarx to be in a separate account h bust ben payment b RSC atdasignd apre that the Equp owe Renal, Inc. The undemipsd agrees b ad in a %Clary for payment b RSC Applicant that not use rid payments am ben cry alto preppy amp psymmi N m in fun has been mad b RSC %ran that any M m is resold Equipment Rod, Inc. in gs f In the hanApppcy an ability a av4w n ap«dtw equipment tar and d supp ly on aedl The taderdpted (cell arid M. Tire PNrsrxs in lost ben RSC Equpntnl Rental, Inc shat rxns4 a a dobt debt which 4 not dlsctmull ehayrbla h lenpky and which hic10 b rent h shot be an exception b dsMrps Pkastant to es alma of 11 U.S.C.S523 adr>iptd spans to be band, to the a" extant as Applicant, by the lemT and bortdsrs as set 13M In RSC Egrrprrsnt Rrdd, het standard ban of Rental and soles each wall or sales transaction In the jurisdiction whom the purchase or rental arstae, which terms and conditions, am hereh by reference and rrtrat constitute a pat of the A aAgreemenAgreement m lace at the ante a rallusibss of whether or not the "wrier t 4 arculed by an sulhodsad agrsatrnt and grantor, repreaenletlee of Applicant X Individual Signature Date Print Name of Individual Social Security Number Home Address City State ZIP X Witness Signature Data t'nnt Name of Witness Has Applicant or any of ss owes, partners. ofeors, dinclaM or monaghg menders, or any personal Isiamma, per boon a debtor in a voluntary of an hvolu a appdnled, or made an aasigttmni br the benefit of d, -7 map bnlmpMy 114 had a race ver YES ? NO Home any of AtWwtrs ownrs, par hers, officers, kaectare, a mrrnrg members ever been an owmr, partner. espy, director, or many ft wsmber dry bushnsa en - in a w1un ry or an twobsdry bertmgky ling, had a m *w oppainied or mad an anslgmoa for are bWMM Of widbrs? ns which wen a debbr YES NO E] All purchases are +? AN purchases w11 be tar nesdn. A Ratite Cmsafiate, Exenpl m CmalirAte or Mw pay pato nwtt be provided by the appikant You say obtain Ise forme at 'TAXABLE' I hft*Vaw UWARI a rtkMr oraRlafflmL - sal comma is rpvdirtg rental of construction qufpmea Rental of construction egerprnsnt is synonymous with the rate d personal proparry. The late anlmell of the radial Marge Is subject te was or use tax in the We way that the Ml* Of ON 3WM Item Is taxable. Mom collars your tax aa7e~ for your p fttkr mituetiore. YES ? No ? Do you have General Liability insurance? YES ? No ? Do you have Physical Damage or Equipment Floater (resat erlce? Equipment Floater must show proof of coverage for rented or leased equipment with a limit high enough to cover all equipment rented from RSC Equipment Rental, Inc. et any point in time. Auto (create trucks, etc.) require proof of a valid drivers license and Business Auto Liability Insurance to include i.e. owned, leased, hired or borrowed language. Provide a certificate of Insurance with Automobffe coverage limits of $1,000,000 combined single limit and General Liability coverage with a minimum Omit of $1,000,000. Contact RSC Equipment Rental, Inc, Risk Management regarding other Insurance requirements at: (1100) 222-7777 option 3 or visit us online at http:pwww.RSCrentsl.c*nVContonf/ClientSwvhmslWwtorms.mpx. RSC Equipment Rental, Inc. must be listed as the 'Lose Payee and Additional lnsured'. Name Address city TWO ZIP ArwCmde Phoney Job Name Job Address Job City State Job ziP Area code Job Phone e General Contractor Estimate Dollar Value for Rentals Equipment Needs Purchasing contact-Primary Area Code Phoney Purcn"ngContact -Alternate Area code Phoneyf Email Address Email Address I 713 461 2432 F C15C0 09:49:44 a. m- 07-24-2009 2 /3 Y,... CREDIT APPLICATION A CONTRACT ? New Applicant Account ? Credit Update ? Additional Account (existing Acct. #) Dale Page 1 of 2 1890 Equipment ROW TO ENSURE PROMPT PROCESSING OF APPLICATION PLEASE PRINT LEGIBLY OR TYPE RSCrental.Dom a 800.222.7777 1. Applleant Informatlon - Fug Legal Name and Address of Buakteae: Business Name DBA if Applicable Federal Tax 10 # Physical Address Ctry State ZIP Billing Address (If Different Than Above) City State ZIP Area Code Business Phone # EXT # Ana Code FAX # Area Code Cell Phone # Email Address Date Business Started: State VNt m Registered or Incorporated Accts Payable Contact Person: H. Type of Business: (Plaaee Cheek One) III. eilhtg Infomta Prgfarttld: Sea Papa 2161'Tax and Insunince Roqukamerita ? corporation ? Partnership ? Government ? Job Name and/or Number ? Sole Proprietor ? Other ? LLC ? Purchase Order Example of POs and/or Job Number. IV. Applicant Informadon - Personal, Officer, Partner, MwrAw or Mtadol gel Contact tnronnation: Name Title SSN I Name Title SSN Physical Address Area Code phone # f Physical Address Area Code Phone # City State zip I City State ZIP V. Commercial Banking Information: Bank city State Area code Phone # Ar.a code FAX# Bank Officer Account # VL Comtnsrcld Trade Refemove: Acct# Vendor/Supplier Ciry State Are- cad. Phone # Are. -Co. FAX# Acct* Vendor/Supplier City State Area Code Phone # Area Code FAX# Anxt# Vendor/Supplier city State Arw coda Phone # Aron code FAX# VIL Contract T- me i Conditions: Applicant hereby applies to RSC Equipment Rental, Inc. for credit end specifically consents to investigating Applicant's credit history and authorizes the release of its bank account information. It credit is extended. Applicant acknowledges that RSC Equipment Rental, Inc. terms require "paymant upon recelpt of invoke". In the event of failure to timely pay arty invoice, Applicant agrees to pay a service charge to RSC Equipment Rental. Inc. on such delinquent invoice(s) until fully paid, at the maximum rate allowed by the laws and jurisdichon of the originating location staled on the invoice, and all reasonable collection costs, Including but not limited to attomey's fees. Applicant agrees to be bound by the terms and conditions as set forth in RSC Equipment Rental, Inv.'s standard form of Rental and Sales Agreement, or similar document, in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs, which terms and conditions are incorporated herein by reference and which constitute a part of the credit agreement, regardless of whether or not the agreement is executed by an authorized representative of Applicant RSC Equipment Rental, Inc. reserves the right to file preliminary notices for work done in states where these notices are required by state law In order to protect our lien rights. Vl1I. Applicant Signature: X Signature of Applicant Date Signed Printed Name of Applicant Tilte of Appscarx it a Corp. or Other Legal Entity. IX. RSC Internal Use Location #I I Sales Rep#I i F3D4CA (05107) I 713 451 2432 CISCO _ CISCO 06:33:08 p.m. 07-22-2008 4/12 RSC Equipment Rental •6778 LINCOLN HWY WEST THOMASVILLE.'PA 17364 717-225-5677 Store: 196 Emero A- 717-974_ ,F17 Rsc Equipment Rental 77 ' 1 - MADISON & SONS C / RED OAK ESTATES, PLAINFIE a . MADISON b SONS CONSTR LLC RED OAK ESTATES I r PLAINFIELD. PA 17081 a Phone: 717-249-3831 c MADISON A SONS CONSTR LLC *** s ATTN ACCTS PAYABLE 3145 SPRING RD o; :x` CARLISLE, PA 17013 . Phone #: 717-249-383 MON-FRI 7:00a-S:OOp SAT CLOSED SUN CLOSED 4 WEEK BILL Page: 1 INVOICES........... 34915333-002 wv?inr n..r Customer # ...... 45951 Date Out......... 1/30/07 4;00 PM Billed Thru 2128107 Off rent Confirmation #., ** Please call to off rent -equipment ** PO# .............. RED OAK ESTATES Ordered By ..,.... JEFF 226-4781 Written By........ CYCLE BILL Sales Rep........ WICHROWSKI.MICHAEL A Terms ............. DUE UPON RECEIPT OF INVOICE 1 rcemtt t-ayment to: PO Box 840514 Dallas, TX 75284-0514 RSCrental eom a 800 222 7777 Return this portion with Payrrwd ........................................... . Inv# 3 . ................................................................................................ 4915333-002 Cust# 45951 PO# RED OAK ESTATES Job: 1 MADISON A SONS C ....................... y pecrpon 'Arnolrht 1 5 225 LULL 644E-42 320 00 320 00 949.00 2100.00 RAH FI3ItK 71'? .. :'. 6IIOt 1;1 4=45t?P ` 0>6?1Q 12i Y 2100.00 . 3 HR OUT 878,20 HR IN: TOTAL: 878.20 ... . ..:. : Enl!;;Fee;Jte bk8c7Na. Q41?k Q/$;OO Env Fee Rates Dy/Wk/Mo; 2 00/4 00/8 00 . . . nV a R?tttS..D.. Env Fee Rates Dy/Wk/Mo: 2.00/4.0018.00 **FOa Il• JEl1 Btl I3 T i?ITH RENTA ** SALES ITEMS: ::,.:. . QCp ®tkutnewtCPlpt?tfp>;= ;: ''Uitift Pt*Ic$ T 1 ERF ENVIRONMENTAL RECOVERY FEE EA 8.000 . 8.00 EQUIPMENT STILL OUT - RENTAL CON I T NUES. Dowky: TAKE 94N TO MT HOLLY.TAKE 34N, TAKE 81S TAKE PLAINFIELD EXIT, GO TO RIGHT. AT 2N 0 tI6YlT;f(Nfl1 LEFT ONF $} GI 5; S l' ` ' ;; ;: l; 1.; t1 :,?C 't .I RII;H. Equipment must be called off rent to receive off rent confirmation nutaber and stop rental ta?a1 ` 00 LOW Assurance 10 294 00 ,. ,... State Tan 1¢t3. 6 Tex 14?.6z . .•. Total A4 LE9 f,OK:'f0U(t WElE 1/30X07:.fkiR11 12%28107.: 04 0'.PH 2625.62 /ihlE.Entl iMeserY•sxyiaur» .......?:. t ' .... y{rrrue ?rcwt}>ti110.? .. _... ...?-?...•?-,••••`+?•• wsrvc?nasy erne vAnwciEAND:.?.?aAFE WFw MA1NtEkAUItCpE ANfYffiIFEKEE?IIILtOF ... Arptr:..: , : ': tRalugNO HOUDAVa ;r... tR?rtAljt ? ?Q NtNT THIS AGREEMENT CONSISTS OF THIS PAGE, THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PAGE. AND WHERE APPLICABLE. THE LOW ASSURANCE PLAN, WHICH IS INCORPORATED HEREIN BY REFERENCE, WHICH TOGETHER CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES RELATING TO THE SALE ANDIOR RENTAL OF THE EOUPMENT. SERVICES OR ACCESSORIES DESCRIBED HEREIN. PLEASE READ THE TERNS ON THE FRONT AND BACK OF THIS AGREEMENT, AS WELL AS THE TERMS AND CONDITIONS OF THE LOW ASSURANCE PLAN, WHICH CAN BE FOUND AT RSCrenLil.comlLOWaseurance OR CAN BE OBTAINED FROM ANY RENTAL SERVICE CORPORATION LOCATION. This Agreement is ~ftfe upon the earlier Of Custards signature allow or acceptance of delivery of the Equipmarq enter of which constitute Custot"es aciinowledgarnent that all the temp and conditions of this AgreemaERSE m have been read and accepted, and that the pen an e19 Vng or accepting detWery has full authority to do so. THE EOUPMENr IS BEING RENTED WITH LIMITED WARRANTIES AS STATED ON THE REV HEREOF ANCYOR SOLO 'AS IS' WITHOUT WARRANTY OF ANY KIND. The environmental fee is to delay coats relating to certain types of Equipment It is not a direct pass through and to not imposed by any governmental agency. ALL RENTAL EQUIPMENT IS AVAILABLE FOR SALE TO ANY WILLING PURCHASER AT ALL TIMES, EVEN WHILE THE SAME IS ON RF,aT. x 0 1 0 f T , CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE cusTwum At =omL8DG89 Rzczr?T OF BAPETY DOCD1tENTa AND DNDRRSTAND8 ALL APPLICABLE SAFETY Alm OPERATING INSTROCTIONS. 1995-2009 Rental Service Corporation. RSC is a registered trademark of Rental Service Corporation. Gdnesel Prodisions Condition of E ui ment Customer acknowledges that he has examined, or had the opportunity to examine the Equipment and has received the Equipment in good physical and mechanical condition and the Equipment is of the size, design, capacity and manufacture selected by the Customer. Customer knows that the equipment to be used is in a USED CONDITION. As a result of its prior use, Customer understands that the used equipment Is not in the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as If it were now. Deliver and Pick-Up of E ui ment In no event shall RSC be liable for any damages arising out o e ivery delays' Inc u mg, ut not limited to work stoppages, delivery or operational deficiencies or failures, breakdowns, strikes, Acts of God, unavailability of replacement equipment, or any other nature, or from any other cause, whether such delays are avoidable or not. Customer picked must call upto release the Equipment to RSC and is responsible for the released Equipment until it is . Disclaimer of Warren L THE ONLY EXPRESS WARRANTY IS THAT OF THE MANUFACT VO ORAL REPRESENTATIONS OR WARRANTIES OF ANY NATURE SHALL BE BINDING ON RSC. RSC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THERE IS NO WARRANTY OR REPRESENTATION THAT THE EQUIPMENT IS FIT FOR THE CUSTOMER'S PARTICULAR USE, OR THAT IT IS FREE OF LATENT DEFECTS. CUSTOMER ACKNOWLEDGES THAT RSC IS NOT A MANUFACTURER OF THE EQUIPMENT AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS FOR DAMAGES FOR BREACH OF WARRANTY AGAINST RSC, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY, PROPERTY DAMAGE, PARTS, LABOR, DELAY OR BUSINESS INTERRUPTION BY CUSTOMER OR THIRD PARTIES. UNDER NO CONDITION WILL RSC BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Customer's Indemnification Customer agrees to reimburse, indemnify, hold harmless and defend, at ustomer s expanse, RSC, Its subsidiaries, parent company, affiliate companies, and their agents, officers, directors and employees, against all losses, liabilities, damages, injuries, demands, costs, expenses (including lawyer and investigative fees), claims, fines, settlements of penalties, including, without limitation, bodily Injury, death, property damage or other damage arising out of any breach of this Agreement, Customer's violation of any applicable regulations, or improper use, possession, operation, erection, dismantling, servicing, or transport Involving the Equipment, Customer's contamination of the equipment by any party, strict liability or negligence claims arising out of any defect in the design, manufacture, warnings, instructions, operation, repair or failure to discover a defect, or incurred by RSC in any manner from this transaction, including claims of or liabilities to third parties. Customer agrees to present a claim to bit insurance carder for all such expenses and In the event Customer has no insurance to cover such losses, Customer agrees to pay RSC for such losses. ?Anpp?licabk Laws Customer is responsible for complying with all applicable laws with regards to the iprtt. Pa anent/Interest/Default/Liens Unless otherwise specified herein, the entire price stated on the ront o t Is grr"mnt Is due in full net due upon receipt of invoice and if such amount is not paid within thirty 1301 days, Customer agrees to pay interest from the date hereof at the lesser of eighteen percent (18%) per annum, or the maximum amount permitted by law, whichever is less, on all amounts rot paid within thirty (30) days, plus costs and lawyer's fees and all expenses of collection and repossession of the Equipment. Upon Customer's default on any payment, RSC may repossess the Equipment without notice to Customer. All charges are subject to final RSC audit and late payment charges of the maximum allowed by law. RSC -,hall be entitled to a lien for all charges incurred herein against the Customer's premises upon which the Equipment is being employed. Risk of Loss Placement of the Equipment at Customer's specified delivery location constitutes trans err o a rusk of loss to Customer for all damages in transit or otherwise. Customer is solely responsible for and agrees to pay RSC the full replacement value for replacing and/or repairing damage to the Equipment from any cause whatsoever, and further agrees to pay RSC all expenses for loss of use, claim administration fees, diminishment in value, towing, storage, or impound fees, and costs incurred by RSC to recover the Equipment and establish damages, regardless of fault or negligence of the Customer or any person, and regardless if damages are the result of an Act of God. Customer's payment to RSC shall be made promptly upon the Customer's receipt of RSC's invoice therefor. Use of the Equipment by persons other than the Customer or Authorized Operators will be at the sole risk of the Customer. Sales Trammotions Title RSC will transfer title to the Equipment to Customer, free of any encumbrances, upon Custom-eTrpayment in full for the entire price for the Equipment, plus any costs, interest, or other charges due and, until such time, RSC retains title to and reserves a security interest in the Equipment (and all proceeds thereof) and Customer will insure the Equipment to its full replacement value against any and all loss or damage. Customer represents and warrants to RCS that, except as provided herein, it is not a party to any agreement which will result in, nor will it allow, a lien or security interest in or upon the Equipment until such time as all obligations owing to RSC are satisfied in full. New E ui merit Customer hereby acknowledges receipt of manuals, warranties, limits, restrictions, a specs ncations of the manufacturer of the Equipment. Used Equipment men?tt All Used Equipment Is sold "As Is." All used equipment to be sold is in a USED CONDITION. As a result of its prior use, Customer understands that the used equipment is not in the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as If were new. The term "As Is" means that Customer receives and accepts the Used Equipment in Its current Used condition, with ail faults, without representation or warranty, express or implied as to its condition. Rental Transactions Ownershi and O ration of E ui ment Customer acknowledges that the Equipment is the property o ustomer agrees t at on y the following persons ("Atthorized Operators') may use or operate the Equipment and must do so with Customer's permission: Customer, Customer's authorized agent, representative, employer, employees, or fellow employees acting in the course and scope of employment. Customer must ensure that all Authorized Operators must be at (east the age of majority by law, must be properly trained and qualified to operate the Equipment and have a valid operator's license to operate the Equipment and be in compliance with the law. Any person reasonably presumed to be operating the Equipment at the direction of, at the behest of, or under the authority of the Customer, shall be conclusively presumed to be an authorized agent of the Customer, and such operation therefore binds the Customer under this Agreement. Customer is prohibited from subletting, loaning, assigning, altering or disposing of the Equipment. Customer represents and warrants to RSC that any person operating the Equipment has been fully trained and qualified in the proper and safe use thereof. Rental and Refuels Char s Customer will pay RSC, on demand, all rental time, mileage, service, transportation, re ue Ing service, environmental fees, sales and use taxes, GST and all other charges in accordance with this Agreement. The basic daily, weekly, 4 week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, 180 hours for 4 weeks. In the event that Equipment is used longer than the above specified time for any period, rental for overtime will be payable at the hourly rate of 1/8th of the daily charge (daily rental), 1140th of the weekly charge (weekly rental) and 1/180th of the 4 week charge (4 week rental), plus applicable taxes. Rentals are considered delivered at the designated branch office unless otherwise specified and Customer is responsible for payment of all shipping, loading, unloading, assembly and dismantling expenses. Customer must return the Equipment with full fuel tanks, or is otherwise subject to posted branch office re-fueling charges. Customer's Res ns(bilities General: Customer assumes full responsibility for any damage to, estruc[IOn, or ors o property transported by or in the rented Equipment. Use of the Equipment must be: sal only at the Customer's designated job site, unless otherwise agreed in writing by RSC; (b) outside of any contaminated area or exposure - the use around and/or with any hazardous materials, substances, and/or toxins is strictly prohibited; and (c) only in accordance with manufacturer's rated capacity and operating Instructions. On the return date specified, or sooner upon RSC's demand, Customer must return the Equipment to the branch office in the same good clean condition as received, ordinary wear and tear excepted, and confirm RSC's return receipt of the Equipment in such good clean condition, or be responsible for payment of all Equipment repair and clears-up expenses. Maintenance: Customer shall perform and pay for all maintenance required to keep the Equipment in good working order and (n compliance with all normal, basic and periodic maintenance specifications set forth in the mantels for this Equipment. Customer shall record and supply RSC with fuel receipts and state by state mileage records upon termination of this Agreement. On failure to supply Stich records, Customer agrees to pay a $.05 per unrecorded mile charge as additional rent. Preliminary Notices: Customer shall provide RSC with correct information necessary to file a Preliminary Notice according to state statutes and hereby grants RSC permission to contact all persons and entities necessary to obtain such information. Events of Default Customer shall be in default on this Agreement: if Customer fails to pay any rent w rl ue, n ustomer breaches any of the terms of this Agreement; if Customer becomes insolvent, ceases doing business, or if a petition for bankruptcy is filed by or againct Customer; or if Customer is in default of any other Agreement with RSC. In addition, Customer is in default of this Agreement if the Equipment is used: (a) to carry persons for hire; (b) to carry unauthorized persons and/or to carry persons other than in the cab of the Equipment; (c) to carry property for hire, unless Customer obtains all necessary permits and licenses; (d) to transport any explosives or hazardous materials; le) in any race, test, contest, or for any illegal purpose; (f) by any person under the age of majority, or by anyone who has given a fictitious name or false age or address; (g) by any person, if there is reasonable evidence they were under the influence of narcotic, intoxicants or drugs; (h) outside the state of rental without the written permission of RSC; (i) under authority of license other than Customer's own and Customer warrants that the licenses shown to RSC at the time of rental, if applicable, are fully valid; (j) in a reckless or imprudent manner or if the Equipment is deliberately damaged; (k) if Customer misrepresents facts to RSC pertaining to the use or operation of the Equipment; or (1) Equipment is used in/around/with or becomes contaminated by hazardous substances, materials and/or toxins. Remedies of RSC In the event of Customer's default as specified herein, Customer hereby waives notice o legal process and right to hearing and agrees that RSC may peaceably enter the Customer's premises to render the Equipment inoperable and/or remove the Equipment without process of law or liability to RSC. In such case, RSC may terminate the Agreement without notice to Customer and without prejudice to any other claims RSC might have against Customer and Customer shall remain liable for any loss or damage to the Equipment notwithstanding such termination. In such event, Customer agrees to pay RSC all monies due for the remainder of the rental term as liquidated damages and not as a penalty. RSC shall have the right to take any steps it deems necessary to recover the Equipment if it is not returned on the date specified or if this Agreement is otherwise terminated. RSC's remedies provided herein are not exclusive, but shall be cumulative to all other remedies existing at law and in equity. EZ Assurance If Customer does not provide proof of insurance as required below, customer win e c edge an EZ Assurance ("EZA") plan charge as established by RSC. Customer agrees and understands that the EZA is not insurance. Customer is fully responsible for the loss of or damage to the Equipment subject to the terms and conditions of the EZA plan. If Customer purchases the EZA plan, customer's responsibility for loss or damage to the Equipment will be limited to twenty-five (25%) of the replacement cost of the Equipment, subject to the exceptions set forth in the EZA plan, which is incorporated herein by reference. Additional copies of the EZA plan can be found at rentalservice.com/busimssmadeEZ/Idw.asp or at any RSC location. Notwithstanding the foregoing, in the event of any default by Customer under this Agreement, the EZA protection will be void, and Customer will be liable for the full replacement value and related expenses for all loss or damage to Equipment. Customer Insurance Obli ation Physical Damage To Equipment: All Customers mLSt provide to R at the time t he Equipment s rented, a certificate of insurance naming RSC as a loss payee and/or additional insured on said certificate evidencing coverage for physical damage to the Equipment. Such physical damage insurance covering the Equipment may not be canceled or materially modified except upon twenty (201 days prior written notice to RSC at the branch office identified in this Agreement. In the event of Customer's failure to provide said certificate of insurance at the time the Equipment is rented, Customer will be charged the EZ Assurance fee as set forth in this Agreement. Bodily Injury/Property Damage; Responsibility To Third Parties: In addition to the foregoing physical damage insurance for the Equipment, Customer will, at Customer's expense, at all times, during the term of this Agreement, maintain in force a commercial general liability insurance policy covering bodily injury/property damage liability on the Equipment in an amount not less than one million dollars IS 1,000,000) combined single limit. Such third party liability coverage shall be primary, and not excess or on a contributory basis, and shall provide coverage for liability for injuries and/or damages sustained by any person or persons, agents or employees of Customer, and Customer's indennnity obligations herein. Customer agrees to abide by all of the terms and conditions of said insurance. In the event of a loss, Customer, its agents and employees, will cooperate fully with RSC and Customer's insurer in the investigation, prosecution aril/or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. RSC does not waive any claims or rights hereunder. The. aforesaid Customer insurance obligation in no, way limits Customer's ultimate liability hereunder. RSC does not provide, extend or afford any Insurance coverage to Customer, any passenger, or any Authorized Operator of the Equipment under this Agreement. If there is other valid and collectible liability protection or insurance on any basis available to Customer or any other person, and such protection or insurance satisfies the financial responsibility laws, than no liability protection is afforded by RSC. However, if Customer is in compliance with the terms and conditions of this Agreement, and if RSC is determined by law to provide liability protection to any Customer or Authorized Operator, such liability protection shall be limited to the minimum financial responsibility limits of the province in which the Equipment is operated. RSC's financial responsibility is expressly limited to only those applicable provisions of the financial responsibility laws of the province in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility Is expressly limited to orgy those applicable provisions of the financial responsibility laws of the state in which the Equipment is operated If any such laws are applicable to the operation of the Equipment. RSC's financial responsibility unless law requires, does not extend to: (a) injuries to the Customer, driver, or passenger while riding in, alighting from, entering or on the Equipment; (b) liability Imposed upon or assumed by anyone under any worker's compensation mot, plan or contract; to) any property owned by or rented by or in the care, custody, or control of the Customer. Power of Attorney: Customer hereby grants and appoints to RSC a Limited Power of Attorney to present insurance claims for property damage to Customer's insurance carrier if the Equipment is damaged during the term of this rental Agreement and to endorse Customer's name on insurance payments for charges or damages. Notice of Damp e, Loss or Accident Accidents, loss, theft, damage or failure of the Equipment must reports Imlm latey to RSC by telephone and within 24 hours thereafter in writing to the office where the Equipment was rented and to the public authorities (where required by law or by RSC). Customer and/or its agents, employees and Authorized Operator must provide RSC and the public authorities with complete information aril assistance in the investigation and prosecution of any matter arising from such accident, loss, theft or damage, including the immediate delivery of every process, pleading or paper relating to any claims, suits and proceedings and shall cooperate with RSC in all manners connected with any claims or suits. As 4021 RSC may grant a security interest in or assign this Agreement to any third party for valuer acknowledges and agrees that such third party may exercise all the rights of RSC under this Agreement and will not be subject to any abatement, reduction, recoupment, defense, setoff or counterclaim available to Customer. Q/999 All Right. R-d 713 461 2432 CISCO RSC Equipment Rental 6778 LINCOLN HWY WEST THOMASVILLE, PA 17364 717-225-5677 CI5C0 06:36:56 p.m 07-22-2008 7/12 MON-FRI 7:00a-5:00p SAT CLOSED Emergency Phone #: 717-225-5677 45951 LATE CHARGE Inv dt: 2/29/08 MADISON & SONS CONSTR LLC *** ATTN ACCTS PAYABLE 3145 SPRING RD CARLISLE, PA 17013 99999999-001 PO BOX 840514 DALLAS, TX 752840514 A SERVICE CHARGE HAS BEEN CALCULATED ON A PAST DUE AMOUNT OF $2,625.62 TOTAL: $21.00 713 461 2432 CISCO CISCO 06:34:25 p.m. 07-22-2008 5112 RSC Equipment Rental 6778 LINCOLN HWY WEST THOMASVILLE, PA 17364 717-225-5677 Store: 196 Emera *: 717-775-5677 Rsc Equipment Rental t7': 1 - MADISON & SONS C / RED OAK ESTATES, PLAINFIE e' MADISON & SONS CONSTR LLC a RED OAK ESTATES x. PLAINFIELD, PA 17081 s. Phone: 711.249-3831 C. MADISON & SONS CONSTR LLC *** e; ATTN ACCTS PAYABLE 3145 SPRING RD it CARLISLE. PA 17013 z Phone: 717-249 MON-FRI 7:00a-5:00p SAT CLOSED SUN CLOSED 4 WEEK BILL Page: 1 1NVOICE0........... 34915333-003 NVOICE-DATE... I/iR/OR * COPY Customer #....... 45951 Data Out......... 2/28/07 4:00 PM Billed Thru 1/25/08 Of rent Confrmation#.. ** Please call to off rent equipment ** PO # .............. RED OAK ESTATES Ordered By ....... JEFF 226-4781 Written By......,. CYCLE B I L L Sales Rep,....... WICHROWSKI,MICHAEL A Timms ............. DUE UPON RECEIPT OF INVOICE Remit Payment to: 3831 PO Box 840514 Dallas, TX 752844514 Rstum this podlsn with Payment RSCrental.com • 800.222.7717 Inv# 34915333-003 Cust# 45951 PO# RED OAK ESTATES Job: 1 - MADISON & SONS C 1 336655 LULL 044L-4Z 320.00 320.00 949.00 2100.00 2100.00 .. „ RO}!0 .:, R: 60Qt L8 44t''`:I1Idp0Q . HR OUT: 878.20 HR IN: TOTAL: 878.20 Erie Fee3:?s Dyhra°r° 2 i}f4:: UbF8 00 Env Fee Rates Dy/Wk/Mo: 2.00/4,00/8,00 ".:X ±ee Rates lla!W!(/tilt 0 , , 4':OQI; q0.... Env Fee Rates Dy/Wk/Mo: 2.00/4.00/8.00 **FORKLFT JIQ i30<4-Qti1 4t11(.:RE?1A SALES ITEMS: q. ttltd liiambt#+ Des ri pia Pr?gq. :< 1 ERF ENVIRONMENTAL RECOVERY FEE EA 8.000 8.00 DE1IV Y SERVICE .; EQUIPMENT STILL OUT - RENTAL CONTINUES. :.: ?tl1:tl•1t?t1-1r Y1?5,'?1'IJG?'[bris;., :.,. _.< ?:.v::..:. .. , .. : , . TAKE 94N TO MT HOLLY.TAKE 34N. TAKE 81S TAKE PLAINFIELD EXIT, GO TO RIGHT. AT 2N 'tI6NT:NAK ttf='NTO.;d?4? Gt1:0TLES;.Jd9 'k5'OhC:`EEiH'f .. 15F.310Ljs?.fltil<t?l #. ., .... . Equipment must be Called off rent to receive off rent confireation number and stop rental LDW Assurance 149: 294.00 ' St.4?e Tax ? i 44>* Tax t 144 I2 CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED HY DATE C11STOMM ACMIOWLRDOZS RNCRIPT OF aAFRTY DOCU111a1Ta AND MWZRBTAMS ILL APPLICIBLN eAPITY AND OPRRATIZA INSTRUCTIONS. 1999-2004 Rental Service Corporation. RSC is a registered trademark of Rental Service Corporation. -General Provisions Condition of E ui ment Customer acknowledges that he has examined, or had the opportunity to examine the qurpment and has received the Equipment in good physical and mechanical condition and the Equipment is of the size, design, capacity and manufacture selected by the Customer. Customer knows that the equipment to be used is in a USED CONDITION. As a result of its prior use, Customer understands that the used equipment is not in the some condition as it was when it was new and may not operate as safely, efficiently, or effectively as if it were new. Deliver and Pick-Up of Equipment In no event shall RSC be liable for any damages arising out o delvery says, including, but not limited to work stoppages, delivery or operational deficiencies or failures, breakdowns, strikes, Acts of God, unavailability of replacement equipment, or any other nature, or from any other cause, whether such delays are avoidable or not. Customer must call to release the Equipment to RSC and is responsible for the released Equipment until it is picked up. Disclaimer of Warranty _ THE ONLY EXPRESS WARRANTY IS THAT OF THE MANUFACTURER, tiro ORAL REPRESENTATIONS OR WARRANTIES OF ANY NATURE SHALL BE BINDING ON RSC. RSC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THERE IS No WARRANTY OR REPRESENTATION THAT THE EQUIPMENT IS FIT FOR THE CUSTOMER'S PARTICULAR USE, OR THAT IT IS FREE OF LATENT DEFECTS, CUSTOMER ACKNOWLEDGES THAT RSC IS NOT A MANUFACTURER OF THE EQUIPMENT AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS FOR DAMAGES FOR BREACH OF WARRANTY AGAINST RSC, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY, PROPERTY DAMAGE, PARTS, LABOR, DELAY OR BUSINESS INTERRUPTION BY CUSTOMER OR THIRD PARTIES, UNDER NO CONDITION WILL RSC BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Customer's Indemnification Customer agrees to reimburse, indemnify, hold harndess and defend, at ustomer a expense, S its subsidiaries, parent company, affiliate companies, and their agents, officers, directors and employees, against all losses, liabilities, damages, injuries, demands, costs,' expanses (Including lawyer and Investigative fees), claims, fines, settlements or penalties, including, without limitation, bodily injury, death, property damage or other damage arising out of any breach of this Agreement. Customer's violation of any applicable regulations, or Improper use, possession, operation, erection, dismantling, servicing, or transport involving the Equipment, Customer's contamination of the equipment by any party, strict liability or negligence claims arising out of any defeat in the design, manufacture, warnings, instructions, operation, repair or failure to discover a defeat, or Incurred by RSC In any manner from this transaction, including claims of or liabilities to third parties. Customer agrees to present a Claim to his Insurance carrier for all such expanses and in the event Customer has no insurance to cover such losses, Customer agrees to pay RSC for such losses. Applicable Laws Customer is responsible for complying with all applicable laws with regards to the qurpE meet. Pa men tllnterest/befault/Liens Unless otherwise specified herein, the entire price stated on the ront o this greement is due in full net dux upon receipt of invoice and if such amount is not paid within thirty (30) days, Customer agrees to pay interest from the date hereof at the lesser of eighteen percent (18%) per annum, or the maximum amount permitted by law, whichever is less, on all amounts not paid within thirty (301 days, plus costs and lawyer's fees and all expenses of collection and repossession of the Equipment. Upon Customer's default on any payment, RSC may repossess the Equipment without notice to Customer. All charges are subject to final RSC audit and late payment charges of the maximum allowed by law. RSC shall be entitled to a lien for all charges incurred herein against the Customer's premises upon which the Equipment is being employed. Risk of Loss Placement of the Equipment at Customer's specified delivery location Constitutes trans er o a rusk of loss to Customer for all damages in transit or otherwise. Customer is solely responsible for and agrees to pay RSC the full replacement value for replacing and/or repairing damage to the Equipment from any cause whatsoever, and further agrees to pay RSC all expenses for loss of use; claim administration fees, diminishment in value, towing, storage, or impound fees, and costs incurred by RSC to recover the Equipment and establish damages, regardless of fault or negligence of the Customer or any person, and regardless if damages are the result of an Act of God. Customer's payment to RSC shall be made promptly upon the Customer's receipt of.RSC's Invoice therefor. Use of the Equipment by persons other than the Customer or Authorized Operators will be at the sole risk of the Customer. Sales Transactions Title RSC will transfer title to the Equipment to Customer, free of any encumbrances, upon Customers payment in full for the entire price for the Equipment, plus any costs, interest, or other charges due and, until such time, RSC retains title to and reserves a security interest in the Equipment lard all proceeds thereof) and Customer will insure the Equipment to its full replacement value against any and all loss or damage. Customer represents and warrants to RCS that, except as provided herein, it is not a party to any agreement which will result in, nor will it allow, a lien or security interest in or upon the Equipment until such time as, all obligations owing to RSC are satisfied in full. New E ui ent Customer hereby acknowledges receipt of manuals, warranties, limits, restrictions, an specifications of the manufacturer of the Equipment. Used Equipment All Used Equipment is sold "As Is." All used equipment to be sold is in a USED CONDITION. As a result of its prior use. Customer understands that the used equipment is not in the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as if were new. The term "As Is" means that Customer receives and accepts the Used Equipment in Its Current Used condition, with all faults, without representation or warranty, express or implied as to its condition. Rental Transactions Ownership and Operation of Equipment Customer acknowledges that the Equipment is the property of RSC. ustomer agrees t tTy the following persons ("Authorized Operators,") may use or operate the Equipment and must do so with Customer's permission: Customer. Customer's authorized agent, representative, employer, employees, or fellow employees acting in the course and scope of employment. Customer must ensure that all Authorized operators must be at least the age of majority by law, must be properly trained and qualified to operate the Equipment and have a valid operator's license to operate the Equipment and be in compliance with the law. Any person reasonably presumed to be operating the Equipment at the direction of, at the behest of, or under the authority of the Customer, shall be conclusively presumed to be an authorized agent of the Customer, and such operation therefore binds the Customer under this Agreement. Customer is prohibited from subletting, loaning, assigning, altering or disposing of the Equipment. Customer represents and warrants to RSC that any person operating the Equipment has been fully trained and qualified in the proper and safe use thereof. Rental and Refuel In Cha es Customer will pay RSC, on demand, all rental time, mileage, service, transportation, re ue rug service, environmental fees, sales and use taxes, GST and all other charges in accordance with this Agreement. The basic daily, weekly, 4 week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, 180 hours for 4 weeks. In the event that Equipment is rued longer than the above specified time for any period, rental for overtime will be payable at the hourly rate of 118th of the daily charge (daily rental), 1140th of the weekly charge (weekly rental) and 111 00th of the 4 week charge (4 week rental), plus applicable taxes. Rentals are considered delivered at the designated branch office unless otherwise specified and Customer is responsible for payment of all shipping, loading, unloading, assembly and dismantling expenses. Customer must return the Equipment with full fuel tanks, or is otherwise subject to posted branch office re-fueling charges. Customer's Res onsibilities General: Customer assumes full responsibility for any damage to, astruction, or ass o property transported by or in the rented Equipment. Use of the Equipment must be: (a) only at the Customer's designated job site, unless otherwise agreed in writing by RSC; (b) outside of any contaminated area or exposure - the use around and/or with any hazardous materials, substances and/or toxins is strictly prohibited; and (c) only in accordance with manUfaetLlr"er'a rated capacity and operating instructions. On the return data specified, or sooner upon RSC's demand, Customer must return the Equipment to the branch office in the same good clean condition as received, ordinary wear and tear excepted, and confirm RSC's return receipt of the Equipment in such good clean condition, or be responsible for payment of all Equipment repair and clean-up expenses. Maintenance: Customer shall perform and pay for all maintenance required to keep the Equipment in good working order and in compliance with all normal, basic and periodic maintenance specificati set forth in the manuals for this Equipment. Customer shall record and supply RSC with fuel receiptonss and state by state mileage records upon termination of this Agreement. On failure to supply such records, Customer agrees to pay a $.05 per unrecorded mile charge as additional rent. Preliminary Notices: Customer shall provide RSC with correct information necessary to file a Preliminary Notice according to state statutes and hereby grants RSC permission to contact all persons and entities necessary to obtain such information. Events of Default Customer shall be in default on this Agreement: if Customer fails to pay any rent w n tie; i -Customer breaches any of the terms of this Agreement; if Customer becomes insolvent, ceases doing business, or if a petition for bankruptcy is filed by or against Customer; or if Customer is in default of any other Agreement with RSC. In addition, Customer is in default of this Agreement if the Equipment is used: (a) to carry persons for hire; (b) to carry unauthorized persons and/or to carry persons other than in the cab of the Equipment; (c) to carry property for hire, unless Customer obtains all necessary permits and licenses; (d) to transport any explosives or hazardous materials; (e) in any race, test, contest, or for any illegal purpose; (f) by any person under the age of majority, or by anyone who has given a fictitious name or false age or address; (g) by any person, if there is reasonable evidence they were under the influence of narcotic, intoxicants or drugs; (h) outside the state of rental without the written permission of RSC; (1) under authority of license other than Customer's own and Customer warrants that the licenses shown to RSC at the time of rental, if applicable, are fully valid; (j) in a reckless or imprudent manner or if the Equipment is deliberately damaged; (k) if Customer misrepresents facts to RSC pertaining to the use or operation of the Equipment; or (1) Equipment is used in/around/with or becomes contaminated by hazardous substances, materials and/or toxins. Remedies of RSC In the event of Customer's default as specified herein, Customer hereby waives nonce o ego process and right to hearing and agrees that RSC may peaceably enter the Customer's premises to render the Equipment inoperable and/or remove the Equipment without process of law or liability to RSC. In such case, RSC may terminate the Agreement without notice to Customer and without prejudice to any other claims RSC might have against Customer and Customer shall remain liable for any loss or damage to the Egtdpment notwithstanding such termination. In such event, Customer agrees to pay RSC all monies due for the remainder of the rental term as liquidated damages and not as a penalty. RSC shall have the right to take any steps it deems necessary to recover the Equipment if it is not returned on the date specified or if this Agreement is otherwise terminated. RSC's remedies provided herein are not exclusive, but shall be cumulative to all other remedies existing at law and in equity. EZ Assurance If Customer does not provide proof of insurance as required below, customer W c erg an EZ Assurance ("EZA") plan charge as established by RSC. Customer agrees and understands that the EZA is not insurance. Customer is fully responsible for the loss of or damage to the Equipment subject to the terms and conditions of the EZA plan. If Customer purchases the EZA plan, customer's responsibility for loss or damage to the Equipment will be limited to twenty-five (25%) of the replacement cost of the Equipment, subject to the exceptions set forth in the EZA plan, which Is incorporated herein by reference. Additional copies of the EZA plan can be found at rentalservice.com/businessmadeEZ/ldw.asp or at any RSC location. Notwithstanding the foregoing, in the event of any default by Customer under this Agreement, the EZA protection will be void, and Customer will be liable for the full replacement value and related expenses for all loss or damage to Equipment. Customer Insurance Obligation Physical Damage To Equipment: All Customers must provide to RSZ, at [ [Imo t e qli -E-wpmertt Is rented, a certificate of insurance naming RSC as a loss payee and/or additional insured on said certificate evidencing coverage for physical damage to the Equipment. Such physical damage insurance covering the Equipment may not be canceled or materially modified except upon twenty (20) days prior written notice to RSC at the branch office identified in this Agreement. In the event of Customer's failure to provide said certificate of insurance at the time the Equipment is Tented, Customer will be charged the EZ Assurance fee as set forth in this Agreement. Bodily Injury/Property Damage; Responsibility To Third Parties: In addition to the foregoing physical damage insurance for the Equipment, Customer will, at Customer's expense, at all times during the term of this Agreement, maintain in force a commercial general liability insurance policy covering bodily injury/property damage liability on the Equipment in an amount not less than one million dollars ($1,000,000) combined single limit. Such third party liability coverage shall be primary, and not excess or on a contributory basis, and shall provide coverage for liability for injuries and/or damages sustained by any person or persons, agents or employees of Customer, and Customer's indemnity obligations herein. Customer agrees to abide by all of the terms and conditions of said insurance. In the event of a loss, Customer, its agents and employees will cooperate fully with RSC and Customer's insurer in the investigation, prosecution and/or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. RSC does rot waive any claims or rights hereunder. The aforesaid Customer insurance obligation in no way limits Customer's ultimate liability hereunder. RSC does not provide, extend or afford any insurance coverage to Customer, any passenger, or any Authorized Operator of the Equipment under this Agreement. If there is other valid and collectible liability protection or insurance on any basis available to Customer or any other person, and such protection or insurance satisfies the financial responsibility laws, then no liability protection is afforded by RSC. However, if Customer is in compliance with the terms and conditions of this Agreement, and if RSC is determined by law to provide liability protection to any Customer or Authorized operator, such liability protection shall be limited to the minimum financial responsibility limits of the province in which the Equipment is operated. RSC's financial responsibility is expressly limited to only those applicable provisions of the financial responsibility laws of the province in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility is expressly limited to only those applicable provisions of the financial responsibility laws of the state in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility unless law requires, does not extend to: (e) Injuries to the Customer, driver, or passenger while riding in, alighting from, entering or on the Equipment; (b) liability Imposed upon or assumed by anyone under any worker's compensation act, plan or contract; (c) any property owned by or rented by or in the care, custody, or control of the Customer. Power of Attorney: Customer hereby grants and appoints to RSC a Limited Power of Attorney to present insurance claims for property damage to Customer's insurance carrier if the Equipment is damaged during the term of this rental Agreement and to endorse Customer's name on insurance payments for charges or damages. Notice of Damage. Loss or Accident Accidents. loss, theft, damage or failure of the Equipment must reports imme rat y to by telephone and within 24 hours thereafter in writing to the office where the Equipment was rented and to the public authorities (where required by law or by RSC). Customer and/or its agents, employees and Authorized Operator must provide RSC and the public authorities with complete information and assistance in the investigation and prosecution of any matter arising from such accident, loss, theft or damage, including the immediate delivery of every process, pleading or paper relating to any claims, suits and proceedings and shall cooperate with RSC in all manners connected with any claims or suits. Assignment RSC may grant a security interest in or assign this Agreement to any third party for value.- ustomer acknowledges and agrees that such third party may exercise all the rights of RSC under this Agreement and will not be subject to any abatement, reduction, recoupment, defense, setoff or counterclaim available to Customer. 11999 All Right. R-d 713 461 2432 C15C0 C15C0 06:37:05 p.m 07-22-2008 8/12 RSC Equipment Rental 6778 LINCOLN HWY WEST THOMASVILLE, PA 17364 717-225-5677 MON-FRI 7:00a-5:00p SAT CLOSED Emergency Phone #: 717-225-5677 45951 LATE CHARGE Inv dt: 3/31/08 MADISON & SONS CONSTR LLC t** ATTN ACCTS PAYABLE 3145 SPRING RD CARLISLE, PA 17013 99999999-002 PO BOX 840514 DALLAS, TX 752840514 A SERVICE CHARGE TOTAL: $41.37 HAS BEEN CALCULATED ON A PAST DUE AMOUNT OF $5,171.74 713 461 2432 CISCO CISCO 06:35.41 p.m. 07-22-2008 6/12 I RSC Equipment Rental 6778 LINCOLN HWY WEST THOMASVILLE. PA 17364 717-225-5677 Store: 196 Emera #- 717-225-5677 MON-FRI 7:00a-5:00p SAT CLOSED SUN CLOSED RENTAL RETURN Page: 1 INVOICES.......... 34915333-004 INVOICE DATE.- 2/1&1nA * rn; Esc Fquipmmat Rink! 1 - MADISON & SONS C 1 RED OAK ESTATES, PLAINFIE o MADISON & SONS CONSTR LLC s. ` RED OAK ESTATES s z. PLAINFIELD. PA 17081 Phone: 717-249-3831 MADISON & SONS CONSTR LLC *** s: ATTN ACCTS PAYABLE 3145 SPRING RD o: CARLISLE. PA 17013 a' Phone 717-249-3831 Customer #....... 45951 Date Out..,...... 1/25/08 4:00 PM:. Billed Thru 1124/08 12:01 PM Off rent Confirmation X. POX .............. RED OAK ESTATES Ordered By ....... JEFF 226-4781 Wr?By•••••• S196RNT2 Sales Rep........ WICHROWSKI,MICHAEL A Terms ............. DUE UPON RECEIPT OF INVOICE Remit Payment to: PO Box 840514 Dallas, TX 752840514 RSCrental.com 80 .222.7777 ReWm the podlon with Payment • ...................................................................................................................................................................................... TH15 AUNhEMENT CONSISTS OF THIS PAGE, THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PAGE, AND WHERE APPLICABLE, THE LDW ASSURANCE PLAN, WHICH 13 INCORPORATED HEREIN BY REFERENCE, WHICH TOGETHER f.ONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES RELATING TO THE SALE ANWOR RENTAL OF THE EQUIPMENT, SERVICES OR ACCESSORIES DESCRIBED HEREIN. PLEASE READ THE TERMS ON THE FRONT- AND BACK OF THIS AGREEMENT. AS WELL AS THE TERMS AND CONDITIONS OF THE LOW ASSURANCE PUN, WHICH CAN BE FOUND AT RSCrerdal.corniLDWaesurenu OR CAN BE OBTAINED FROM ANY RENTAL SERVICE CORPORATION LOCATION. This Agreement is of dive upon the earlier or Customers signature below or aosepl antaof de" of the Equipment, either of which constKute CustomeYe achnoMedgement that all the lemea and conditions of this Agreement have been reed and accepted, and that the person signing r awAptmg delivery has full authority to do sa. THE EQUIPMENT 15 BEING RENTED WITH LIMITED WARRANTIES AS STATED ON THE REVERSE HEREOF ANDADR SOLD'AS IS' WITHOUT WARRANTY OF ANY KIND. The enwrenrlrnlal fee h to defray caste ralating to certain types of Equipment. It is not a direct pus through ands Pal .mposed by any governmental agency. ALL RENTAL EOUIPMENT ISAVAILABLE FOR SALE TO ANY WILLING PURCHASER AT ALL TIMES, EVEN WHILE THE SAME IS ON RENT. CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE COBTOMM AC3=WLEDGES RECEIPT OF BAFBTY DOCWXtTS AND IAIDERSTAIImm ALL APPLICABLE 8AFETY Alm OPERATING INSTRDCTIONm. 1999-2004 Rental Service Corporation. RSC is a registered trademark of Rental Service Corporation. •GVrei Rrovisions Condition of E ui ment Customer acknowledges that he has examined, or had the opportunity to examine the quipment and has received the Equipment in good physical and mechanical condition and the Equipment is of the size, design, capacity and manufacture selected by the Customer. Customer knows that the equipment to be used is in a USED CONDITION. As a result of its prior use. Customer understands that the used equipment is not in the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as if it were new. Deliver and Pick-U of E ui matt In no event shall RSC be liable for any damages arising out o de (very delays, Inc uding, ut not limited to work stoppages, delivery or operational deficiencies or failures, breakdowns, strikes, Acts of God, unavailability of replacement equipment, or any other nature, or from any other cause, whether such delays are avoidable or not. Customer must call to release the Equipment to RSC and is responsible for the released Equipment until it is picked up. Disclaimer of?Warre?nty THE ONLY EXPRESS WARRANTY IS THAT OF THE MANUFACTURK-7-XiSly AND -(TO ORAL REPRESENTATIONS OR WARRANTIES OF ANY NATURE SHALL BE BINDING ON RSC. RSC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THERE IS NO WARRANTY OR REPRESENTATION THAT THE EQUIPMENT IS FIT FOR THE CUSTOMER'S PARTICULAR USE, OR THAT IT IS FREE OF LATENT DEFECTS. CUSTOMER ACKNOWLEDGES THAT RSC Is NOT A MANUFACTURER OF THE EQUIPMENT AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS FOR DAMAGES FOR BREACH OF WARRANTY AGAINST RSC, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY, PROPERTY DAMAGE, PARTS, LABOR, DELAY OR BUSINESS INTERRUPTION BY CUSTOMER OR THIRD PARTIES. UNDER NO CONDITION WILL RSC BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, Customer's Indemnification Customer agrees to reimburse, indemnify, hold harmless and defend, et ustomer s expanse, KNIJ. its subsidiaries, parent company, affiliate companies, and their agents, officers, directors and employees, against ail losses, liabilities, damages, injuries, demands, costs,' expenses Gncluding lawyer and Investigative fees), claims, fines, settlements or penalties. Including, without limitation, bodily Injury, death, property damage or other damage arising out of any breach of this Agreement, Customer's violation of any applicable regulations. or improper use, possession, operation, erection, dismantling, servicing, or transport involving the Equipment. Customer's contamination of the equipment by any party, strict liability or negligence claims arising out of any defeat in the design, manufacture, warnings, instructions, operation, repair or failure to discover a defect, or incurred by RSC in any manner from this transaction, Including claims of or liabilities to third parties. Customer agrees to present a claim to We Insurance carder for all such expenses and in the event Customer has no insurance to cover such losses. Customer agrees to pay RSC for such losses. Applicable Laws Customer is responsible for complying with all applicable laws with regards to theipment. Pa ment11 nterest/befault/Liens Unless otherwise specified herein, the entire price stated on the root o t rs greTt errant Is due in full net due upon receipt of invoice and if such amount is not paid within thirty (30) days, Customer agrees to pay interest from the date hereof at the lesser of eighteen percent (18%) per annum, or the maximum amount permitted by law, whichever is less, on all amounts not paid within thirty (30) days, plus costs and lawyer's fees and all expenses of collection and repossession of the Equipment. Upon Customer's default on any payment, RSC may repossess the Equipment without notice to Customer. All charges are subject to final RSC audit and late payment charges of the maximum allowed by law. RSC ",hall be entitled to a lien for all charges incurred herein against the Customer's premises upon which the Equipment is being employed. Risk of Loss Placement of the Equipment at Customer's specified delivery location constitutes trans er o a risk of loss to Customer for all damages in transit or otherwise. Customer is solely responsible for and agrees to pay RSC the full replacement value for replacing and/or repairing damage to the Equipment from any cause whatsoever, and further agrees to pay RSC all expenses for loss of 1.130; claim administration fees, diminishment in value, towing, storage, or impound fees, and costs incurred by RSC to recover the Equipment and establish damages, regardless of fault or negligence of the Customer or any person, and regardless if damages are the result of an Act of God. Customer's payment to RSC shall be made promptly upon the Customer's receipt of.RSC's Invoice therefor. Use of the Equipment by persons other than the Customer or Authorized Operators will be at the sole risk of the Customer. Sales Transelatiorm Title RSC will transfer title to the Equipment to Customer, free of any encumbrances, upon Customers payment in full for the entire price for the Equipment, plus any costs, interest, or other charges due and, until such time, RSC retains title to and reserves a security interest in the Equipment (and all proceeds thereof) and Customer will insure the Equipment to its full replacement value against any and all loss or damage. Customer represents and warrants to RCS that, except as provided herein, it is not a party to any agreement which will result in, nor will it allow, a lien or security interest in or upon the Equipment Until such time as all obligations owing to RSC are satisfied in full. New E ui ment Customer hereby acknowledges receipt of manuals, warranties, limits, restrictions, an specs section of the manufacturer of the Equipment. Used E 1.i mint All Used Equipment is sold "As Is." All used equipment to be sold Is in a USED C s e result of its prior use, Customer understands that the used equipment is not In the same condition as it was when it was now and may nat operate as safely, efficiently, or effectively as If were new. The term "As Is" means that Customer receives and accepts the Used Equipment in Its current Used condition, with all faults, without representation or warranty, express or implied as to Its condition. Rental Trerrssations Owner sN and O eration of E ui ment Customer acknowledges that the Equipment is the property o ustomer agrees t at on y the following persons ("Authorized Operators") may use or operate the Equipment and must do so with Customers permission: Customer, Customer's authorized agent, representative, employer, employees, or fellow employees acting in the. course and scope of employment. Customer must ensure that all Authorized Operators must be at least the age of majority by law, must be properly trained and qualified to operate the Equipment and have a valid operator's license to operate the Equipment and be in compliance with the law. Any person reasonably presumed to be operating the Equipment at the direction of, at the behest of, or under the authority of the Customer, shell be conclusively presumed to be an authorized agent of the Customer, and such operation therefore binds the Customer under this Agreement. Customer is prohibited from subletting, loaning, assigning, altering or disposing of the Equipment. Customer represents and warrants to RSC that any person operating the Equipment has been fully trained and qualified in the proper and safe use thereof. Rental and Refuelin Cha as Customer will pay RSC, on demand, ail rental time, mileage, service, trimportat"' re 1.e rig service, environmental fees, sales and use taxes, GST and all other charges in accordance with this Agreement. The basic daily, weekly, 4 week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, 1 60 hours for 4 weeks. In the event that Equipment is used longer than the above specified time for any period, rental for overtime will be payable at the hourly rate of 1 /8th of the daily charge (daily rental), 1/40th of the weekly charge (weekly rental) and 1/160th of the 4 week charge 14 week rental), plus applicable taxes. Rentals are considered delivered at the designated branch office unless otherwise specified and Customer is responsible for payment of all shipping, loading, unloading, assembly and dismantling expenses. Customer must return the Equipment with full fuel tanks, or is otherwise subject to posted branch office re-fueling charges. Customer's Res onsibilities General: Customer assumes full responsibility for any damage to, estruction, or ass o property transported by or in the rented Equipment. Use of the Equipment must be: (a) only at the Customer's designated job site, unless otherwise agreed in writing by RSC; (b) outside of any contaminated area or exposure - the use around and/or with any hazardous materials, substances and/or toxins is strictly prohibited; and (c) only in accordance with manufactUer's rated capacity and operating instructions. On the return date specified, or sooner upon RSC's demand, Customer must return the Equipment to the branch office In the same good clean condition as received, ordinary wear and tear excepted, and confirm RSC's return receipt of the Equipment in such good clean condition, or be responsible for payment of all Equipment repair and cleanup expenses. Maintenance: Customer shall perform and pay for all maintenance required to keep the Equipment in good working order and in compliance with all normal, basic and periodic maintenance specifications set forth in the manuals for this Equipment. Customer shall record and supply RSC with fuel receipts and state by state mileage records upon termination of this Agreement. On failure to supply such records, Customer agrees to pay a $.05 per unrecorded mile charge as additional rent. Preliminary Notices: Customer shall provide RSC with correct information necessary to file a preliminary Notice according to state statutes and hereby grants RSC permission to contact all persons and entities necessary to obtain such information. Events of Default Customer shall be in default on this Agreement: if Customer fails to -7215- pay any rent w en Lie, u ustomer breaches any of the terms of this Agreement; if Customer becomes insolvent, ceases doing business, or if a petition for bankruptcy is filed by or against Customer; or if Customer is in default of any other Agreement with RSC. In addition, Customer is in default of this Agreement if the Equipment is used: (a) to carry persons for hire; (b) to carry unauthorized persons and/or to carry persons other than in the cab of the Equipment; (c) to carry property for hire, unless Customer obtains all necessary permits and licenses; (d) to transport any explosives or hazardous materials; (e) in any race, test, contest, or for any illegal purpose; (f) by any person under the age of majority, or by anyone who has given a fictitious name or false age or address; (g) by any person, if there is reasonable evidence they were under the influence of narcotic, intoxicants or drugs; (h) outside the state of rental without the written permission of RSC; (() under authority of license other than Customer's own and Customer warrants that the licenses shown to RSC at the time of rental, if applicable, are fully valid; (j) in a reckless or imprudent manner or if the Equipment is deliberately damaged; (k) if Customer misrepresents facts to RSC pertaining to the use or operation of the Equipment; or (1) Equipment is used in/around/with or becomes contaminated by hazardous substances, materials and/or toxins. Remedies of RSC In the event of Customer's default as specified herein, Customer hereby waives notice o legal process and right to hearing and agrees that RSC may peaceably enter the Customer's premises to render the Equipment inoperable and/or remove the Equipment without process of law or liability to RSC. In such case, RSC may terminate the Agreement without notice to Customer and without prejudice to any other claims RSC might have against Customer and Customer shall remain liable for any loss or damage to the Equipment notwithstanding such termination. In such event, Customer agrees to pay RSC all monies due for the remainder of the rental term as liquidated damages and not as a penalty. RSC shall have the right to take any steps it deems necessary to recover the Equipment if it is not returned on the date specified or if this Agreement is otherwise terminated. RSC's remedies provided herein are not exclusive, but shall be cumulative to all other remedies existing at law and in equity. EZ Assurance If Customer does not provide proof of insurance as required below, customer wi c erg an EZ Assurance ("EZA') plan charge as established by RSC. Customer agrees and understands that the EZA is not insurance. Customer is fully responsible for the loss of or damage to the Equipment subject to the terms and conditions of the EZA plan. If Customer purchases the EZA plan, customer's responsibility for loss or damage to the Equipment will be limited to twenty-five (250A) of the replacement cost of the Equipment, subject to the exceptions set forth in the EZA plan, which Is incorporated herein by reference. Additional copies of the EZA plan can be found at rentalservice.com/businessmadeEZ/Idw.asp or at any RSC location. Notwithstanding the foregoing, in the event of any default by Customer under this Agreement, the EZA protection will be void, and Customer will be liable for the full replacement value and related expenses for all loss or damage to Equipment. Customer Insurance Obligation Physical Damage To Equipment: All Customers must provide to RS L;, a'F time?t to qw__ ment rs rented, a certificate of insurance naming RSC as a loss payee and/or additional insured on said certificate evidencing coverage for physical damage to the Equipment. Such physical damage insurance covering the Equipment may not be canceled or materially modified except upon twenty (20) days prior written notice to RSC at the branch office identified in this Agreement. In the event of Customer's failure to provide said certificate of insurance at the time the Equipment is rented, Customer will be charged the EZ Assurance fee as set forth in this Agreement. Bodily Injury/Property Damage; Responsibility To Third Parties: In addition to the foregoing physical damage insurance for the Equipment, Customer will, at Customer's expense, at all times during the term of this Agreement, maintain in force a commercial general liability insurance policy covering bodily injury/property damage liability on the Equipment in an amount not less than one million dollars (S 1,000,000) combined single limit. Such third party liability coverage shall he primary, and not excess or on a contributory basis, and shall provide coverage for liability for injuries and/or damages sustained by any person or persons, agents or employees of Customer, and Customer's indemnity obligations herein. Customer agrees to abide by all of the terms and conditions of said insurance. In the event of a loss, customer, its agents and employees will cooperate fully with RSC and Customer's insurer in the investigation, prosecution and/or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. RSC does not waive any claims or rights hereunder. The aforesaid Customer insurance obligation in no way limits Customer's ultimate liability hereunder. RSC does not provide, extend or afford any insurance coverage to Customer, any passenger, or any Authorized Operator of the Equipment under this Agreement. If there is other valid and collectible liability protection or insurance on any basis available to Customer or any other person, and such protection or insurance satisfies the financial responsibility laws, then no liability protection is afforded by RSC. However, if Customer is in compliance with the terms and conditions of this Agreement, and if RSC is determined by law to provide liability protection to any Customer or Authorized Operator, such liability protection shall be limited to the minimum financial responsibility limits of the province in which the Equipment Is operated. RSC's financial responsibility is expressly limited to only those applicable provisions of the finaro(al responsibility laws of the province in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility is expressly limited to only those applicable provisions of the financial responsibility laws of the state in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility unless low requires, does not extend to: (a) injuries to the Customer, driver, or passenger while riding in, alighting from, entering or on the Equipment; (b) liability imposed upon or assumed by anyone under any worker's compensation act, plan or contract; (c) any property owned by or rented by or in the care, custody, or control of the Customer. Power of Attorney: Customer hereby grants and appoints to RSC a Limited Power of Attorney to present insurance claims for property damage to Customer's insurance carrier if the Equipment is damaged during the term of this rental Agreement and to endorse Customer's name on insurance payments for charges or damages. Notice of Dames Loss Or Accident Accidents, loss, theft, damage or failure of the Equipment must reports 1 6 let y to 'C by telephone and within 24 hours thereafter In writing to the office where the Equipment was rented and to the public authorities (where required by law or by RSC). Customer and/or its agents, employees and Authorized Operator must provide RSC and the public authorities with complete information and assistance in the investigation and prosecution of any matter arising from such accident, loss, theft or damage, including the immediate delivery of every process, pleading or paper relating to any claims, suits and proceedings and shall cooperate with RSC in all manners connected with any claims or suits. Assignment RSC may grant a security interest in or assign this Agreement to any third party for value.. Customer acknowledges and agrees that such third party may exercise all the rights of RSC under this Agreement and will not be subject to any abatement, reduction, recoupment, defense, setoff or counterclaim available to Customer. ©1999 Ali Right. R-.d I I J 401 Z43Z GISGU _ CISCO 06:3715 p.m . 07-22-2008 9/12 .0 RSC Equipment Rental 6778 LINCOLN HWY WEST THOMASVILLE. PA 17364 717-225-5677 Store: 196 Emerq #: 717-225-5677 8SC Equipment fififibi 1 - MADISON & SONS C / RED OAK ESTATES, PLAINFIE MADISON & SONS CONSTR LLC s. RED OAK ESTATES s: ?4: ' PLAINFIELD, PA 17081 :e Phone; 717-249-3831 Q MADISON & SONS CONSTR LLC *** ATTN ACCOUNTS PAYABLE s: 3145 SPRING RD CARLISLE, PA 17013 fa< Phone; 717-249-3831 .................................................... Inv# 36619825-001 Eust# DELIVERY CHARGE SERVICE OUTSIDE EA .14 -F I, MON-FRI 7:00a-5:00p SAT CLOSED SUN CLOSED SALES INVOICE Page: 1 I INVOICEf_........ 36819825-001 Customer #....... 45951 •::;::.: ? ?? Date Out 4/18/08 12:29 PM °`;;^?''Y;??4• •" Off rent ConflrmaUon A. PO # .............. Ordered By....... Written By........ S 196MGR Sales Rep........ WICHROWSKI.MICHAEL A Terms ............. DUE UPON RECEIPT OF INVOICE Remit Payment to: PO Box 840514 DALLAS, TX 752840514 RSClbntai.com • 800.222.7777 Rdum thle parbn with Pyment 45951 POI Job: 1 - MADISON & SONS C Sub-total: 1 1829.14 Total: 1 1938.89 CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE CUSTOMER ACAIONLZDGR9 EYCRIPT OF SAFETY DOCtR =T6 AND MWIMSTA10]S ALL APPLICADL8 9AFm AND oPzRATIxo IxsTRQCTIOxs. 1999-2084 Rental Service Corporation. RSC is a registered trademark of Rental Service Corporation. Gertal Provisions Condition of E ui ment Customer acknowledges that he has examined, or had the opportunity to examine the quipment and has received the Equipment in good physical and mechanical Condition and the Equipment is of the size, design, capacity and manufacture selected by the Customer. Customer knows that the equipment to be used is in a USED CONDITION. As a result of its prior use, Customer understands that the used equipment is not in the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as if it were new. Deliver and Pick-Up of E ui ment In no event shall RSC be liable for any damages arising out o de (very a ays, including, but not limited to work stoppages, delivery or operational deficiencies or failures, breakdowns, strikes, Acts of God, unavailability of replacement equipment, or any other nature, or from any other cause, whether such delays are avoidable or not. Customer must call to release the Equipment to RSC and is responsible for the released Equipment until it is picked up. Disclaimer of Warren THE ONLY EXPRESS WARRANTY IS THAT OF THE MANUFACTURES If- ANY 0 ORAL REPRESENTATIONS OR WARRANTIES OF ANY NATURE SHALL BE BINDING ON RSC. RSC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THERE IS NO WARRANTY OR REPRESENTATION THAT THE EQUIPMENT IS FIT FOR THE CUSTOMER'S PARTICULAR USE, OR THAT IT IS FREE OF LATENT DEFECTS. CUSTOMER ACKNOWLEDGES THAT RSC IS NOT A MANUFACTURER OF THE EQUIPMENT AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS FOR DAMAGES FOR BREACH OF WARRANTY AGAINST RSC, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY, PROPERTY DAMAGE, PARTS, LABOR. DELAY OR BUSINESS INTERRUPTION BY CUSTOMER OR THIRD PARTIES. UNDER NO CONDITION WILL RSC BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Customer's Indemnification Customer agrees to reimburse, indemnify, hold harmless and defend, at ustomer s expense, Hsu, its subsidiaries, parent company, affiliate companies, and their agents, officers, directors and employees, against ail losses, liabilities, damages, injuries, demands, costs,' expenses tincludfng lawyer and Investigative fees), claims, fines, settlement. or penalties, including, without Ifmltation, bodily injury, death, property damage or other damage arising out of any breach of this Agreement, Customer's violation of any applicable regulations, or improper use, possession, operation, creation, dismantling, servicing, or transport Involving the Equipment, Custornar's contamination of the equipment by any party, strict liability or negligence claims arising out of any defeat in the design, manufacture, warnings, instructions, operation, repair or failure to discover a defect, or Incurred by RSC In any manner from this transaction, including claims of or liabilities to third parties. Customer agrees to present a claim to his Insurance carrier for all such expenses and In the event Customer has no insurance to cover such losses. Customer agrees to pay RSC for such losses. AF licabie Laws Customer is responsible for complying with all applicable laws with regards to the Equipment. Pa ment/Interest/befault/Liens Unless otherwise specified herein, the entire price stated on the ront o this Agreement is due in full net due upon receipt of invoice and if such amount is not paid within thirty (30) days, Customer agrees to pay interest from the date hereof at the lesser of eighteen percent (18%) per annum, or the maximum amount permitted by law, whichever is less, on all amounts not paid within thirty (30) days, plus costs and lawyer's fees and all expenses of collection and repossession of the Equipment. Upon Customer's default on any payment, RSC may repossess the Equipment without notice to Customer. All charges are subject to final RSC audit and late payment charges of the maximum allowed by law. RSC -,hall be entitled to a lien for all charges incurred herein against the Customer's premises upon which the Equipment is being employed. Risk of Loss Placement of the Equipment at Customer's specified delivery location constitutes trans er o a risk of loss to Customer for all damages in transit or otherwise. Customer is solely responsible for and agrees to pay RSC the full replacement value for replacing and/or repairing damage to the Equipment from any cause whatsoever, and further agrees to pay RSC all expenses for loss of use, claim administration fees, diminishment in value, towing, storage, or impound fees, and costs incurred by RSC to recover the Equipment and establish damages, regardless of fault or negligence of the Customer or any person, and regardless if damages are the result of an Act of God. Customer's payment to RSC shall be made promptly upon the Customer's receipt of.RSC's Invoice therefor. Use of the Equipment by persons other than the Customer or Authorized Operators will be at the sole risk of the Customer. Sales Transactions Title RSC will transfer title to the Equipment to Customer, free of any encumbrances, upon Customers payment in full for the entire price for the Equipment, plus any costs, interest, or other charges due and, until such time, RSC retains title to and reserves a security interest in the Equipment (and all proceeds thereof) and Customer will insure the Equipment to its full replacement value against any and all loss or damage. Customer represents and warrants to RCS that, except as provided herein, it is not a party to any agreement which will result in, nor will it allow, a lien or security interest in or upon the Equipment until such time as all obligations owing to RSC are satisfied in full. New E u ment Customer hereby acknowledges receipt of manuals, warranties, limits, restrictions, an spec ications of the manufacturer of the Equipment. UsedE ui mem All Used Equipment is sold "As Is." All used equipment to be sold Is in a USED CONDITION: result of its prior use, Customer understands that the used equipment Is not In the same condition as it was when it was new and may not operate as safely, efficiently, or effectively as if were now. The term "As Is" means that customer receives and accepts the Used Equipment in Its current Used condition, with all faults, without representation or warranty, express or implied as to Its condition. Rental Transactions Ownership and Operation of E ui mem Customer acknowledges that the Equipment is the property o ustomer agrees tat only the following persons 1'Autthorized Operators') may use or operate the Equipment and must do so with Customer's permission: Customer, Customer's authorized agent, representative, employer, employees, or fellow employees acting in the course and scope of employment. Customer must ensure that all Authorized Operators must be at least the age of majority by law, must be properly trained and qualified to operate the Equipment and have a valid operator's license to operate the Equipment and be in compliance with the law. Any person reasonably presumed to be operating the Equipment at the direction of, at the behest of, or under the authority of the Customer, shell be conclusively presumed to be an authorized agent of the Customer, and such operation therefore binds the Customer under this Agreement. Customer is prohibited from subletting, loaning, assigning, altering or disposing of the Equipment. Customer represents and warrants to RSC that any person operating the Equipment has been fully trained and qualified in the proper and safe use thereof. Rectal and Refuelin Char es Customer will pay RSC, on demand, all rental time, mileage, service, transportation, re rng service, environmental fees, sales and use taxes, GST and all other charges in accordance with this Agreement. The basic daily, weekly, 4 week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, 180 hours for 4 weeks. In the event that Equipment is used longer than the above specified time for any period, rental for overtime will be payable at the hourly rate of 1/8th of the daily charge (daily rental), 1/40th of the weekly charge (weekly rental) and 1/100th of the 4 weak charge (4 week rental), plus applicable taxes. Rentals are considered delivered at the designated branch office unless otherwise specified and Customer is responsible for payment of all shipping, loading, unloading, assembly and dismantling expenses. Customer must return the Equipment with full fuel tanks, or is otherwise subject to posted branch office re-fueling charges. Customer's Res onsibilities General: Customer assumes }till responsibility for any damage to, estructl3n, or ass o property transported by or in the rented Equipment. Use of the Equipment must be. (a) only at the Customer's designated job site, unless otherwise agreed in writing by RSC; (b) outside of any contaminated area or exposure - the use around and/or with any hazardous materials, substances and/or toxins is strictly prohibited; and (c) only in accordance with manufacturer's rated capacity and operating instructions. On the return date specified, or sooner upon RSC's demand, Customer must return the Equipment to the branch office in the same good clean condition as received, ordinary wear and tear excepted, and confirm RSC's return receipt of the Equipment in such good clean condition, or be responsible for payment of all Equipment repair and cleanup expenses. Maintenance: Customer shall perform and pay for all maintenance required to keep the Equipment in good workinthg order and in complianceme with all normal, basic and periodic maintenance specifications set forth in e manurals for this Equipnt. Customer shall record and supply RSC with fuel receipts and state by state mileage records upon termination of this Agreement. On failure to supply such records, Customer agrees to pay a $.05 per unrecorded mile charge as additional rent. Preliminary Notices: Customer shall provide RSC with correct information necessary to file a Preliminary Notice according to state statutes and hereby grants RSC permission to contact all persons and entities necessary to obtain such information. Events of Default Customer shall be in default on this Agreement: if Customer fails to pay any rent w en ere; i ustomer breaches any of the terms of this Agreement; if Customer becomes insolvent, ceases doing business, or if a petition for bankruptcy is filed by or againct Customer; or if Customer is in default of any other Agreement with RSC. In addition, Customer is in default of this Agreement if the Equipment is used: (a) to carry persons for hire; (b) to carry unauthorized persons and/or to carry persons other than in the cab of the Equipment; (c) to carry property for hire, unless Customer obtains all necessary permits and licenses; (d) to transport any explosives or hazardous materials; (e) in any race, test, contest, or for any illegal purpose; (f) by any person under the age of majority, or by anyone who has given a fictitious name or false age or address; (g) by any person, if there is reasonable evidence they were under the influence of narcotic, intoxicants or drugs; (h) outside the state of rental without the written permission of RSC; (1) under authority of license other than Customer's own and Customer warrants that the licenses shown to RSC at the time of rental, if applicable, are fully valid; (j) in a reckless or imprudent manner or if the Equipment Is deliberately damaged; (k) if Customer misrepresents facts to RSC pertaining to the use or operation of the Equipment; or (1) Equipment is used in/around/with or becomes contaminated by hazardous substances, materials and/or toxins. Remedies of RSC In the event of Customer's default as specified herein, Customer hereby waives notice o ego process and right to hearing and agrees that RSC may peaceably enter the Customer's premises to render the Equipment inoperable and/or remove the Equipment without process of law or liability to RSC. In such case, RSC may terminate the Agreement without notice to Customer and without prejudice to any other claims RSC might have against Customer and Customer shall remain liable for any loss or damage to the Equipment notwithstanding such termination. In such event, Customer agrees to pay RSC all monies due for the remainder of the rental term as liquidated damages and not as a penalty. RSC shall have the right to take any steps it deems necessary to recover the Equipment if it is not returned on the date specified or if this Agreement is otherwise terminated. RSC's remedies provided herein are not exclusive, but shall be cumulative to all other remedies existing at law and in equity. EZ Assurance If Customer does not provide proof of insurance as required below, customer wi e c age an EZ Assurance ("EZA') plan charge as established by RSC. Customer agrees and understands that the EZA is not insurance. Customer is fully responsible for the loss of or damage to the Equipment subject to the terms and conditions of the EZA plan. If Customer purchases the EZA plan, customer's responsibility for loss or damage to the Equipment will be limited to twenty-five (251A) of the replacement cost of the Equipment, subject to the exceptions set forth in the EZA plan, which is incorporated herein by reference. Additional copies of the EZA plan can be found at rentalservice.com/businessmadeEZRdw.asp or at any RSC location. Notwithstanding the foregoing, in the event of any default by Customer under this Agreement, the EZA protection will be void, and Customer will be liable for the full replacement value and related expenses for all loss or damage to Equipment. Customer Insurance Oblimgation Physical Damage To Equipment: All Customers must provide to RM, a'Ine time n -quipent ns rented, a certificate of insurance naming RSC as a loss payee and/or additional insured on said certificate evidencing coverage for physical damage to the Equipment. Such physical damage insurance covering the Equipment may not be canceled or materially modified except upon twenty (20) days prior written notice to RSC at the branch office identified in this Agreement. In the event of Customer's failure to provide said certificate of insurance at the time the Equipment is rented, Customer will be charged the EZ Assurance fee as set forth in this Agreement. Bodily Injury/Property Damage; Responsibility To Third Parties: in addition to the foregoing physical damage insurance for the Equipment, Customer will, at Customer's expense, at all times during the term of this Agreement, maintain in force a commercial general liability insurance policy covering bodily injury/property damage liability on the Equipment in an amount not less than one million dollars Is 1,000,0001 combined single limit. Such third party liability coverage shall be primary, and not excess or on a contributory basis, and shall provide coverage for liability for injuries and/or damages sustained by any person or persons, agents or employees of Customer, and Customer's indemnity obligations herein. Customer agrees to abide by all of the terms and conditions of said insurance. In the event of a loss, Customer, its agents and employees will cooperate fully with RSC and Customer's insurer in the investigation, prosecution and/or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. RSC does not waive any claims or rights hereunder. The aforesaid Customer insurance obligation in no way limits Customer's ultimate liability hereunder. RSC does not provide, extend or afford any insurance coverage to Customer, any passenger, or any Authorized Operator of the Equipment under this Agreement. If there is other valid and collectible liability protection or insurance on any basis available to Customer or any other person, and such protection or insurance satisfies the financial responsibility laws, than no liability protection is afforded by RSC. However, if Customer is in compliance with the terms and conditions of this Agreement, and if RSC is determined by law to provide liability protection to any Customer or Authorized Operator, such liability protection shall be limited to the minimum financial responsibility limits of the province in which the Equipment is operatedi RSC's financial responsibility is expressly limited to only those applicable provisions of the financial responsibility laws of the province in which the Equipment is operated If any such laws are applicable to the operation of the Equipment. RSC'* financial responsibilityIs expressly limited to only those applicable provisions of the financial responsibility laws of the state in which the Equipment is operated if any such laws are applicable to the operation of the Equipment. RSC's financial responsibility unless law requires, does not extend to: (a) injuries to the Customer, driver, or passenger while riding in, alighting from, entering or on the Equipment; (b) liability imposed upon or assumed by anyone under any worker's compensation act, plan of contract; lo) any property owned by or rented by or in the care, oustody, or control of the Customer. Power of Attorney: Customer hereby grants and appoints to RSC a Limited Power of Attorney to present insurance claims for property damage to Customer's insurance carrier if the Equipment is damaged during the term of this rental Agreement and to endorse Customer's name on insurance payments for charges or damages. Notice of Damage, Loss or Accident Accidents, loss, theft, damage or failure of the Equipment must be report mad T- mediatory to KSC by telephone and within 24 hours thereafter in writing to the office where the Equipment was remark and to the public authorities (where required by law or by RSC). Customer andfor its agents, employees and Authorized Operator must provide RSC and the public authorities with complete information and assistance in the investigation and prosecution of any matter arising from such accident, loss, theft or damage, including the immediate delivery of every process, pleading or paper relating to any claims, suits and proceedings and shall cooperate with RSC in all manners connected with any claims or suits. Assi nment RSC may grant a security interest in or assign this Agreement to any third party for valur acknowledges and agrees that such third party may exercise all the rights of RSC under this Agreement and will not be subject to any abatement, reduction, recoupment, defense, setoff or counterclaim available to Customer. t ;i 1999 All Rights R-d . ' ,• DEC-03-2008 11:21 s c. v P. 02/02 Of , Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. [understand that false statements herein are made subject to the penalies of 18 Pa. CS. § 4909, relating to unsworn fulsiftcation to authorities. Date A,?rsnr 6121 Title Add OX t Ib e ress ` / / -T- C City, State and Zip Account # ?DJGa? 3 AFEMA.YIT AA File # >,?6 0 TOTAL P.02 o . OF Tf..E Ry * IS .5o PA A-Th/ av,Y a4Z l6 mt aaggS5 (o bb Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??\1111t' 4t 4111ti?jP?,+??? OFFCE cF 'nE S-ERAFF 209 P _3 A: i t, r UM" RSC Equipment Rental vs. Madison & Sons Construction, LLC Case Number 2009-5941 SHERIFF'S RETURN OF SERVICE 09/01/2009 07:31 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2009 at 1931 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Madison & Sons Construction, LLC, by making known unto Victor Madison, Chief Executive Officer at 3145 Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWE September 02, 2009 R THOMAS KLINE, SHERIFF BY Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RSC EQUIPMENT RENTAL, NO. 09-5941 IN CIVIL ACTION Plaintiff, VS. MADISON & SONS CONSTRUCTION LLC, Defendant, PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Madison & Sons Construction LLC, Defendant. Papers may be served at the address set below. Babette L. Madison Supreme Court I.D. No. 76309 Attorney for Defendant 3147 Spring Road Carlisle, PA 17013 717-243-8799 Dated: September 21, 2009 ?)C T14 7'? I 0 Cl 9 S E'lo 2 1 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RSC EQUIPMENT RENTAL, NO. 09-5941 IN CIVIL ACTION Plaintiff, VS. MADISON & SONS CONSTRUCTION LLC, Defendant, ANSWER OF DEFENDANT MADISON & SONS CONSTRUCTION LLC Now comes Defendant Madison & Sons Construction LLC (Madison & Sons), by and through its undersigned counsel, and for its Answer to the Complaint states, alleges and avers as follows: 1. Madison & Sons admits the allegations contained in Paragraph 1 of the Complaint. 2. Madison & Sons admits the allegations contained in Paragraph 2 of the Complaint. In answer to Paragraph 3 of the Complaint, Madison & Sons admits that its President, Dirk Madison, executed a one-page credit application on behalf of Madison & Sons. Answering further, Madison & Sons states that another building contractor on a nearby jobsite was renting and using a lift, and Michael Wichrowski of RSC Equipment Rental brought the one-page credit application to Dirk Madison to allow the other building contractor to use the lift on the Madison & Sons' jobsite and for Madison & Sons to be billed directly for this usage. After execution of the one-page credit application, Madison & Sons was never contacted for further information, and there was no request for Madison & Sons to execute further documentation. Answering further, Madison & Sons states that the cost of the lift rental was discussed with Mr. Wichrowski at the jobsite, but Madison & Sons specifically denies that there were other terms or conditions agreed upon by the parties. 4. In answer to Paragraph 4 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraph 3, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 4 of the Complaint that the arrangement between the Plaintiff and Madison & Sons was based upon a written agreement which Madison & Sons accepted. 5. In answer to Paragraph 5 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3 and 4, above, of this Answer. Answering further, Madison & Sons states that the lift was first used on its jobsite on or about November 30, 2007 and only for about a two-week period. Answering further, Madison & Sons specifically denies that the Plaintiff provided Madison & Sons with any equipment or 2 services or for periods beyond the approximate two-week usage period. 6. In answer to Paragraph 6 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4 and 5, above, of this Answer. Answering further, Madison & Sons states that when it was done using the lift on its jobsite, which was on or about December 14, 2007, it repeatedly contacted the Plaintiff to pick up the lift. Answering further, Plaintiff gave Madison & Sons several excuses for not picking up the lift at that time, and the Plaintiff did not pick up the lift until several weeks later. Answering further, Madison & Sons specifically denies that it received any benefit from the lift beyond the approximate two-week usage period. 7. In answer to Paragraph 7 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5 and 6, above, of this Answer. Answering further, Madison & Sons states that RSC Equipment Rental Invoice Number 36819825-001, totaling $1,938.89 reflects the correct amount owed for the lift as discussed between Dirk Madison and Mr. Wichrowski, but the Plaintiff's accounting department would not accept this amount. Madison & Sons was ready and willing to pay this amount, and Madison & Sons understood that Mr. Wichrowski was to handle the accounting 3 department's misunderstanding and respond to Dirk Madison. Answering further, Madison & Sons specifically denies that any price above $1,938.89 was fair, reasonable or market price. 8. In answer to Paragraph 8 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6 and 7, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 8 that the prices charged by Plaintiff were the prices that Madison & Sons agreed to pay. Madison & Sons states further that it did not agree to pay any amount above $1,938.98. 9. In answer to Paragraph 9 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6, 7 and 8, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 9 of the Complaint that there was an agreement of open account between the parties. 10. In answer to Paragraph 10 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6, 7, 8 and 9, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 10 of the Complaint that all conditions precedent to Madison & Sons' duty of performance under said agreement has occurred. 4 11. In answer to Paragraph 11 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6, 7, 8, 9 and 10, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 11 of the Complaint that the balance due amounts to $7,347.90. 12. In answer to Paragraph 12 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6, 7, 8, 9, 10 and 11, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 12 of the Complaint that interest has accrued on the amount of $7,347.90. 13. In answer to Paragraph 13 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, above, of this Answer. Answering further, Madison & Sons specifically denies the allegation in Paragraph 13 of the Complaint and states that it has not agreed to pay the Plaintiff as liquidated damages the costs of collection, including reasonable attorneys' fees incurred in the collection of monies owing. 14. In answer to Paragraph 14 of the Complaint, Madison & Sons incorporates the admissions, denials and other responses contained in Paragraphs 3, 4, 5, 6. 7, 8, 9, 10, 11, 12 and 13, above, of this 5 Answer. Answering further, Madison & Sons denies the allegation in Paragraph 14 of the Complaint and states that it has not willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, having fully answered the Complaint, Madison & Sons demands that the Complaint be dismissed, with prejudice. By: Babette L. Madison Supreme Court I.D. No. 76309 Attorney for Defendant 3147 Spring Road Carlisle, PA 17013 (717)243-8799 6 RSC EQUIPMENT RENTAL, NO. 09-5941 IN CIVIL ACTION Plaintiff, VS. MADISON & SONS CONSTRUCTION LLC, Defendant, VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that he is an authorized agent of Madison & Sons Construction LLC, Defendant herein, and that he is duly authorized to make this Verification, and that the answers set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. Dated: 9-- 21 0 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing Answer to the Complaint was served via first class mail on the following: Christopher R. Giles, Esq. Anthony R. Burgess, Esq. Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 Dated: September 21, 2009 ??. Babette L. Madison i - ? 4' OF TH""E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RSC EQUIPMENT RENTAL, N0.09-5941 IN CIVIL ACTION Plaintiff, vs. MADISON & SONS CONSTRUCTION LLC, Defendant, PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of Madison & Sons Construction LLC, Defendant in the above-referenced matter. ,~ Babette L. Madison Supreme Court LD. No. 76309 3147 Spring Road Carlisle, PA 17013 717-243-8799 Dated: December 1, 2009 nr_ ~~~ z ~ 7{A,~Y ?~C9 G~.~ - ~ ; ~°i 2~ ~ ~; , , f~-.,,. ~~- ~ _