HomeMy WebLinkAbout09-6666ROBERT D. KODAK ESQUIRE
KODAK & IMBLUM, P.C.
PO BOX 11848
HARRISBURG PA 17108-1848
ATTORNEY FOR PLAINTIFF
TBF FINANCIAL LLC, assignee of Federal
Pacific Leasing LLC,
Plaintiff
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA aiy1tTerpi
N O. (? - Cololo? RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and
MARC RIDEOUT as personal guarantor,
Defendant(s)
NOTICE
CIVIL ACTION - LAW
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualgquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
TBF FINANCIAL LLC, assignee of Federal
Pacific Leasing LLC,
Plaintiff
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. OQ- LGGG Tu.w-
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and CIVIL ACTION - LAW
MARC RIDEOUT as personal guarantor,
Defendant(s)
COMPLAINT
The Plaintiff, TBF FINANCIAL, LLC, by its attorneys, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendants to recover the sum of FOURTEEN
THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND FORTY-THREE CENTS
($14,715.43), along with interest at 18% from May 15, 2008 upon a cause of action of
which the following is a statement:
1
2
The Plaintiff, TBF FINANCIAL LLC, assignee of Federal Pacific Leasing LLC, is a
corporation organized and existing under the laws of the State of Illinois, having its
principal office and place of business at 520 Lake Cook Road, Suite 510, Deerfield,
IL 60015.
The Defendant, RIDEOUT & SONS LLC, is a corporation organized and existing
under the laws of the State of Pennsylvania, having its principal office and place of
business at 112 BRITTON ROAD, SHIPPENSBURG, CUMBERLAND COUNTY,
PENNSYLVANIA 17257.
TBF FINANCIAL PACIFIC FORM.36021.wpd 2
3. Defendant, Rideout & Sons, LLC, is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, as more fully set forth on the
Pennsylvania Department of State Corporation Bureau print out attached hereto,
marked Exhibit "A" and made a part hereof.
4. The Defendant, JOHN RIDEOUT, personal guarantor for Rideout & Sons, LLC, is
an adult individual residing at 112 BRITTON ROAD, SHIPPENSBURG,
CUMBERLAND COUNTY, PENNSYLVANIA 17257.
5. The Defendant, MARC RIDEOUT, personal guarantor for Rideout & Sons, LLC, is
an adult individual residing at 112 BRITTON ROAD, SHIPPENSBURG,
CUMBERLAND COUNTY, PENNSYLVANIA 17257.
6. On or about October 3, 2005, Defendants entered into a written Equipment Lease
Agreement. A true and correct copy of said Agreement is attached hereto, marked
Exhibit "B" and made a part hereof.
7. The leased equipment was delivered to the Defendants and installed at Defendants'
place of business.
8. On or about May 27, 2009, said account was sold to Plaintiff, TBF Financial, LLC,
as set forth on the Affidavit attached hereto, collectively marked Exhibit "C" and
made a part hereof. And Financial Pacific LLC, no longer has any interest,
whatsoever, in said account.
TBF FINANCIAL PACIFIC FORM.36021.wpd 3
9. On or about April 16, 2008, Defendants entered into a Forbearance Agreement with
Financial Pacific Leasing, LLC. A true and correct copy of said Agreement is
attached hereto, marked Exhibit "D" and made a part hereof.
10. The Defendants defaulted on the obligation to make payments and refused to honor
the April 16, 2008 Forbearance Agreement.
11. The balance due and owing by Defendants to Plaintiff is the sum of TWELVE
THOUSAND TWO HUNDRED SIXTY TWO DOLLARS AND EIGHTY-SIX CENTS
($12,262.86), as appears by Plaintiff's Statement of Account hereto attached,
marked as Exhibit "E" and made a part hereof.
12. Due to the default of Defendants, and pursuant to the terms and conditions of the
Lease Agreement executed by Defendants hereto attached, marked Exhibit "A" and
made a part hereof, attorney's fees in the amount of TWO THOUSAND FOUR
HUNDRED FIFTY TWO DOLLARS AND FIFTY-SEVEN CENTS ($2,452.57) have
been added to said account.
13. Plaintiff frequently demanded payment from Defendants of said amount due and
owing as aforesaid, but Defendants refused and neglected and still refuse and
neglect to pay said amount of any part thereof.
4
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of
FOURTEEN THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND FORTY-THREE
CENTS ($14,715.43), along with interest thereon at the rate of 18% as set forth herein.
Respectfully submitted,
KODAK & I P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney ID No. 18041
Attorney for Plaintiff
Business Entity
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Business Entity Filing
History
Date: 8/13/2009 (Select the link above to view
the Business Entity's Filing
History)
Business Name History
Name Name Type
RIDEOUT & SONS, LLC Current Name
Limited Liability Company - Domestic - Information
Entity Number: 3129221
Status: Active
Entity Creation Date: 3/10/2003 9:43:27 AM
State of Business.: PA
Registered Office Address: 112 BRITTON RD
SHIPPENSBURG PA 17257-0
Mailing Address: No Address
Officers
Name: JOHN H RIDEOUT JR
Title: President
Address: 112 BRITTON RD
SHIPPENSBURG PA 17257-21
Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved.
Commonwealth of PA Privacy Statement
Exhibit
httns://www.cori)orations.stz 8/13/2009
I. J ? , V -, I C 4 0, 41
EQUIPMENTLEASE AGREEMENT
VI r,G k11 C L d Z I 11!6
Agreement Number
11V -7V•JV I - L
Federal Tax 1011_ See Exhibit `A" attached hereto and made a art hereof
NAME OF SUPPLIER STREETAPORISS
Iv H N
CITy
QUANTITY STATE Z
ITEM DESCRIPTION MODEL NUMBER
SERIAL NUMBER
See Attached Exhibit "A" or Attached invoices .
RENTAL TERM RENTAL PAYMENT AMOUNT UPFRONT PAYMENT AMOUNT
Amounts Paid:
Tenn in months
See Sch 8 (MOS)
Rent Commencement Dala. Sere Sch 8 Payments of $ See Schedule B
(plus applicable taxes)
Rental Period is MONTHLY unless Othenrise Indicated See Schedule 8
See Schedule B
$200.00 Security Deposit
Advance Rental Pmt.
Documentation Fee
THIS AGREEMENT)
(THIS LEASE CONTAINS PROVISIONS SEY FORTH ON THE NEXT 3 PAGES ALL OF WHICH ARE MADE PART OF
"Us"f"Our' ACCEPTANCE
LE330R CUSTOMERILESSEE, 'You'rYour' ACCEPTANCE
.
DATED: sr - DATED: 46- it,-CS
LESSOR: Dirac qioital C o - CUSTOMER: Rideout 6 S fins. LLC
SIGNATURES SIGNATURE:
TITLE: Authorized Represen ve TITLE: Member
You certify Ihat so equipment listed above has been furnished, that delivery and installation and otter work necessary prior to use hat been fully completed to
your satisfaction. The Equipment )s In good condition, working order and repair and is in compnsnce with all your requirements. Fudher, an conditions and
terms of this agreement have been reviewed and acknowledged. Upon signing below, your prornlsas heroin wig be irrevocably and unconditional in ag
respects. You understand and agree that we have purchased the equipment from supplier(s) and you may contact the supplier(s) for your warranty rights, if
any, which we transfer to you for the term of the lease. Your approval as indicated below of our purchase of the equipment from supplier(s) is a condition
,
precedent to effectiveness of this lease. h i , [--A.
J !
it -11 - Rideout &_Sons LLC Member
As additional inducement for us to enter into the Agreement, the undersigned Jointly and severally. unconditionally personally guarantees that the
customer will make all payments end most an obligations required under this Agreement and any supplements fully and promptly. You agree that we may
make other arrangements including compromise or settlement with the customer and you waive all defenses and notice of those changes and will remain
t asponsible for the payment and obligations of this Agreement. We do not have to notify you t the customer is in default. it the customer defaults, you will
immediately pay in accordance with the default provision of the Agreement all sums due under the terms of the Agreement and will perform all obligations of
the Agreement. If it is necessary for us to proceed legally to enforce this guaranty, you expressly consent to the Jurisdiction of the court set out in paragraph 6
and agree to pay all costs. Including attorneys fees incurred A anforcement of this guaranty. It is not necessary for us to prooced first against the customer
(Mora anforcing this guaranty. By signing this guaranty, you authorize us to obtain credit bureau reports for credit and collection purposes. By signing below,
you wish to continue to receive updates from Direct Capital Corp. regarding your corporals account. Please send information to the fax and/or small address
given for the account.
,,? i ?, ( John Rideout Jr:..
Sign ore Print name of Gua 'ntor Date
signature Print name of Guarantor Date
f his document is subject to a security
interest in favor of Bank of America,
ministvitive Afienf for the Lenders
Exhibit
112 Britton Road ShJ ensbur PA i tzor rI It 044-rnv l
STREET ADDRESS cl STATE ZIP PPONE
BILLING NAME $ DIFFERENT FROM ABOVE) BILL G ADDRESS
Lease. Lessee hereby leases from Lessor, and Lessor hereby leases to Lessee, the personal property described above, together with any replacement
;,arts. additions. repairs or accessories now or hereafter incorporated in or affixed to it and as previously agreed to in writing by Lessor (hereinafter
r :feff ed to as the 'Equipment").
Uisclaimer of Warranties and Claims; Limitation of Remedies. There are no warranties by or on behalf of Lessor. Lessee acknowledges and
agrees as follows: a) Lessor makes no warranties either express or implied as to the condition of the Equipment, its merchantability, its
fitness or suitability for any particular purpose, its design, its capacity, its quality, or with respect to any characteristics of the Equipment; b)
Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and Equipment Is in good condition
and to Lessee's complete satisfaction; c) Lessee leases the Equipment 'as is' and with all faults; d) Lessee specifically acknowledges that
the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, agricultural or household
purposes; e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is
unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or
manufacturer of the Equipment and not against Lessor; Q Provided Losses is not in default under this lease, Lessor assigns to Lessee any
warranties made by the supplier or manufacturor of the Equipment; g) Losses shall have no remedy for consequential or incidental damages
against Lessor; and h) No defect, damage, or unfitness of the Equipment for any purpose shall relieve Lessee of the obligation to pay rent or
relieve Lessee of any other obligation under this lease. The Lessor and Losses have specifically negotiated and agreed to the forgoing
paragraph.
Statutory Finance Lease. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that the Lease qualify as a statutory
finance lease under Article 2A of the Uniform Commercial Code as adopted in New Hampshire. Lessee acknowledges and agrees that Lessee has
selected both : 1) the Equipment and 2) the supplier(s) from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not
participated in any way in Lessee's selection of the Equipment or of the supplier(s) and that Lessor has been directed by Lessee to acquire the
Equipment from said supplier(s) and Lessor has not selected, manufactured, or supplied the Equipment. Lessee is advised that It may have rights
under the contract evidencing the Lessor's purchase of the Equipment from the supplier(s) chosen by the Lessee and that Lessee should contact the
supplier(s) of the Equipment for a description of any such rights.
Assignment by Lessee Prohibited. Without Lessor's prior written consent, Lessee shall not assign this lease or sublease the Equipment or any
interest therein, or pledge or transfer this lease, or otherwise sell or dispose of the Equipment covered hereby.
c> Commencement; Term; Rental Payments; Interim Rentals. This lease shall commence upon the written acceptance hereof by Lessor and shall end
upon the earlier of (a) full performance and observance by Lessee of each and every tern, condition and covenant set forth in this Lease, and any
Schedules hereto and any extensions hereof or (b) Lessor's termination of this Lease pursuant to Section 22 hereof. Rental payments shall be in the
amounts and frequency asset forth on the face of this Lease or any Schedules hereto and are due monthly in advance. In addition to regular Rental
payments, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the due date of the first payment. Interim rent shall be in the
amount equal to 1/30'" of the monthly Rental Payment Amount, multiplied by the number of days elapsing between the date on which the Equipment is
accepted by Lessee as noted on the face of this Lease or the respective Schedule and the due date of the first payment. The payment of interim rent
shall be due and payable upon Lessee's receipt of invoice from Lessor. This lease may be terminated by Lessee at the end of the term or any
extension period if one hundred twenty (120) days prior written notice of such termination is delivered to Lessor by certified mail. If no such notice is
received, the term of each Lease automatically shall be extended for successive one month periods following the and of the initial lease term at the rent
stated on the face of this Lease or on the respective Schedule(s). During any extension period, Lessor, at its sole option, may terminate each Lease
upon sixty (60) days prior written notice to Lessee. In the event this Lease cannot get approved, Lessor's credit approval expires prior to final funding
or Lessee does not accept delivery of Equipment prior to credit approval expiration, the advance payments, documentation fee and security deposit
may be retained by Lessor to compensate Lessor for documentation, processing, and other expenses.
Choice of Law; Consent to Jurisdiction; Venue. This Lease shall not be effective until signed by Lessor at its principal office listed above. This Lease
shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the
laws and regulations of the state of Lessor's or, if assigned, its assignee's principal place of business. In the event of any legal action with respect to
this Lease, Lessor or Assignee shall be entitled to reasonable attorneys' fees, including attorneys' fees incurred at the trial level, bankruptcy courts,
and/or courts of appeal or review. Lessor and/or Assignee shall also be entitled to all reasonable legal fees, costs and expenses incurred with or without
action, suit or proceedings, in pursuit of Lessor's and/or Assignee's rights under this Lease, or at common law or otherwise. The Lessee agrees that all
litigation arising out of the negotiations leading to this Lease, any payments prior to or after execution of this lease or any breach thereof shall be filed
and conducted exclusively in the New Hampshire superior court for the County of Rockingham or, if this lease is assigned, in any court in the state of
assignee's principal place of business. Lessee consents to personal jurisdiction in such court, waives its right to a jury trial and waives any right to
remove such action to federal court or to otherwise seek to alter the venue for any reason, Lessor or its Assignee may, in their sole discretion, elect to
waive the venue requirement without waiving any other rights under this Lease. LESSOR AND LESSEE AGREE TO WAIVE ALL RIGHTt TO A JURY
TRIA,L.
/ Security Deposit. As security for the full and prompt payment of the amounts due under this Lease, Lessee has deposited with Lessor the security
amount set forth on the face of this Lease. In the event any default shall be made in the performance of any of Lessee's obligations under this Lease,
l esror shall have the right, but not the obligation, to apply the security deposit to the curing of such default. Within (15) fifteen days after Lessor mails
uorir F to L Fssee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said security deposit to the
full amoi in, set forth above. On the expiration or earlier termination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee
hac fully performed all obligations and provisions of this Lease and Lessee has not ever been in default of this Lease per Section 22, Lessor shall return
to the Lessee the remaining balance of said security deposit. Said security deposit may be commingled with Lessor's other funds and is non interest
1 earinr?
I invited Prearranged Amendments; Specific Power of Attorney. Lessee authorizes Lessor to insert or correct information on this Lease and all
supplemental documentation, including lease agreement number, applicable lease dates, Lessee legal name, serial numbers, Equipment location, and
any information describing the Equipment. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: 1) Lessor may sign and
He (;n Lessep.'s behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform
r.rrNrr ierl Code, and 2) Lessor may negotiate and settle for Lessor's benefit all property damage claims and all liability claims involving the Lessor or
fi4- F= uipn:ent and may sign or endorse the Lessee's name on any instrument representing insurance proceeds covering the Equipment.
i.oc:ation The Equipment shall be kept at the location specified above or, if none is specified, at the Lessee's address as set forth above and shall not
e removed without Lessor's prior written consent. Lessor shall have the right to inspect the Equipment at any time.
Use Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense to maintain the Equipment in good condition
r,d repair and shall comply with all laws relating to its possession, use, or maintenance. All additions, repairs or improvements made to the Equipment
shell belon , to Lessor
Purchase Option. At the termination of this Lease, provided Lessee is not in default, Lessee shall be entitled to, on written notice to Lessor at least
on,; hundred and twenty (120) days prior to the initial term or any extension period, purchase the Equipment from Lessor at the fair market value as
,Julrelrrrined by Lessor, on an "as is, where is' basis, with all faults and without representation by or warranty from Lessor.
L.essee's Initials: X T_ u1`
,urrenddr. By this Lease, Lessee acquires no ownership rights in the Equipment during the lease term or any extension period. Upon the expiration
;,;, ;les! Lessee exercises its purchase option hereunder) or earlier termination or cancellation of this Lease, or in the event of a default under this
. pose. Lessee. at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by
deli.,ering it, packed and ready for shipment in the original boxes and packaging or boxes and packaging substantially similar thereto, to such place or
c.-?! • iei as Lessor may specify.
Offer and Acceptance; Further Assurances; Credit Information. Lessee's signing of this document shall constitute an offer to Lessor to enter into
t,,e Lease. In consideration of Lessor's time and effort in reviewing and acting on the offer, Lessee agrees that its offer shall be irrevocable for a period
f thirty (30) business days after the date it is submitted to Lessor. Lessee shall execute and deliver such instruments and guarantees including, but
r,oL limited to, personal guarantee, spouse's guarantee and or guarantees of any persons having an ownership interest in the lessee and other
ins truments as Lessor deems necessary. Lessor's signing of this Lease shall constitute acceptance of Lessee's offer to enter into the Lease; provided
tt,a t if Lessee fails to execute and deliver to Lessor an Acknowledgment and Acceptance of Equipment by Lessee acknowledging its acceptance of the
Equipment within thirty (30) days after it is delivered to Lessee, Lessor shall have no obligation with respect to this Lease or any Schedule hereto.
Lessee shall also provide Lessor with all credit information reasonably requested by Lessor, including but not limited to comparative audited financial
eta ternents for the two most current years and interim reporting period and shall represent and warrant to the Lessor that such information is accurate.
intent, Title. Perfection of Interest. It is the intent of the Lessee and Lessor that this Lease constitutes a true lease and not a sale of the Equipment or
n loan of any kind. Title to the Equipment shall at all times remain with the Lessor. The Lessee shall acquire no ownership, title, property, right, equity
c,r interest in the Equipment other than its leasehold Interest specifically described In the Lease subject to all terms and conditions hereof.
tdoiwithstanding the intent of the Lessee and Lessor, if a court of competent jurisdiction determines that this Lease does not constitute a true lease but
rather one intended as security, then the Lessee shall be deemed to have hereby granted the Lessor a security interest in the Equipment, and all
accessions thereto, substitutions and replacements therefor, and Income and proceeds (including insurance proceeds) thereof to secure the prompt
payment and performance as and when due of all obligations and indebtedness of the Lessee to the Lessor, now existing or hereafter created. Lessee
.3grees to assign, transfer, pledge and grant to Lessor a security interest, lien in and upon the Equipment, all property listed on any schedule to this
Lease, or attached invoices, and in all goods, Inventory, equipment, accounts, accounts receivable, chattel paper, contract rights, general intangibles,
investment property, securities entitlements, fixtures and other property, whenever located, now or hereafter belonging to Lessee or in which Lessee
has an interest, and in all proceeds, Insurance proceeds, substitutions, replacement parts, additions and accessions of to all of the foregoing
(collectively, the "Collateral"). Lessee authorizes Lessor to file a financing statement under the Uniform Commercial Code or similar instrument to
perfect Lessor's ownership of the Equipment or security interest in the Collateral and related property. The Equipment shall remain personal property
even if installed in or attached to real property.
Loss and Damage. Lessee shall at all times bear the entire risk of loss, theft, damage, condemnation, governmental seizure or destruction of the
Equipment from any cause whatsoever, and no condemnation, governmental taking, lose, theft, damage, condemnation, governmental seizure or
destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply with any other obligation under this Lease. In the event of
damage to any part of the Equipment, Lessee shall immediately either repair to good condition or replace with like equipment, in each case at Lessee's
expense. If Lessor determines that any part of the Equipment is condemned, taken, lost, stolen, destroyed, condemned, seized by a governmental
entity or damaged beyond repair. Lessee shall, at Lessor's option, do one of the following: a) replace with like equipment in good repair, acceptable to
Lessor, or b) pay Lessor in cash the Stipulated Lease Value of the lease as of the loss date. Stipulated Lease Value equals the sum of: 1) all amounts
due by Lessee to Lessor under this Lease up to the date of the loss or termination including, but not limited to, all Rental Payment Amounts, all taxes,
all service charges and interest on delinquent payments and any cost of collections owed pursuant to sections 22 and 23, 2) the accelerated balance of
the total amounts due for the remaining term of this Lease discounted monthly to present value at a discount rate of 4% per annum from the date each
such installment is due to the date of loss or termination, 3) all other amounts due by Lessee to Lessor including interest and service charges through
the date of full payment to the Lessor of all Lessee obligations and 4) the Lessor's estimate as of the time this Lease was entered into of Lessor's
residual interest in the Equipment discounted to present value at a discount rate of 4% per annum to the date of loss or termination.
Collateral Protection; Insurance. Lessee shall obtain and maintain insurance against toss, theft, damage or destruction of the Equipment in an
amount not less than Stipulated Lease Value of the Equipment until this agreement is terminated. Said replacement cost policy shall name Lessor as
the sole loss payee. Lessee shall also obtain and maintain comprehensive public liability insurance policy from a carrier and in amounts acceptable to
Lessor for the term of this agreement. Said comprehensive public liability Insurance policy shall name Lessor as an additional insured. Lessee must
provide to Lessor proof of insurance satisfactory to Lessor at the time of signing this agreement; prior to each insurance renewal and within thirty (30)
days of the date of any written request to you for proof of insurance. Lessee agrees that if said property and/or liability insurance is cancelled or expires
and is not replaced, Lessor has the right, but not the obligation, to (a) enroll Lessee In Lessor's property damage coverage program and bill Lessee a
property damage surcharge as a result of Lessor's increased administrative cost and credit risk or (b) secure Insurance on the Equipment from a carrier
of Lessor's choosing in such forms and amounts as Lessor deems reasonable to protect Lessor's interest. Lessee agrees that, if Lessor places
insurance on the Equipment, said insurance will not name Lessee as an insured and may not fully protect Lessee's interests. Lessee agrees that, if
Lessor secures insurance on the Equipment, Lessee will pay Lessor an insurance charge that will include a premium, which may be substantially higher
!han the premium that Lessee would pay if placed independently. Lessee agrees that, in addition to the premium, the Insurance Charge will include an
interest charge and administrative and processing fees, which will result in profit to Lessor and its agents. Lessee agrees to arbitrate any dispute
rt>.garding such Insurance Charges under the rules of the American Arbitration Association in San Diego County, CA. This agreement to arbitrate
applies to insurance Charges only and not to any other term of this agreement.
Liens; Taxes. Lessee shall keep the Equipment free and clear of all levies, liens, claims and encumbrances. Lessee agrees to pay monthly when due
or at a frequency determined solely by the Lessor all taxes including sales, use, and property taxes and any and all fines and penalties. Lessee shall
r eirnb.rrse Lessor for all charges and taxes (local, state, and federal) which may now or hereafter be imposed upon the ownership, leasing, Rental, sale,
purchase possession or use of the Equipment excluding, however, all taxes on or measured by Lessor's net Income. The total amount due on the
Lessee's monthly invoice may include sales and/or use taxes charged from time to time in compliance with the tax laws of the state in which the
[:auipment is located. Lessee agrees to pay Lessor a property tax administrative fee of $50 for each year of the Lease. If Lessee fails to pay said
c. comes Lessor shall have the right, but not the obligation, to pay such charges. If paid, Lessor shall notify Lessee of such payment and Lessee shall
relay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee.
Indernnity. i.FSSee shall indemnify Lessor and its shareholders, directors, officers, employees, agents and assignees against any claims, actions,
dr,ma,.ges, fines, penalties, causes of action, suits or other legal proceedings or liabilities including all attorney fees, arising out of or connected with the
-n•; r.ership, acquisition use, possession, operation, leasing, subleasing, financing or disposition of this Lease or any Equipment, without limitation. Such
indemnification shall survive the expiration, cancellation or termination of this Lease. Lessee waives any immunity Lessee may have under any
industrial insurance act. with regard to indemnification of Lessor or any other person for any reason whatsoever.
Assignment by Lessor. Any assignee of Lessor shall have all the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize
and hnrehy consents to any assignment of this Lease by Lessor, and shall not assert against such assignee any defense, counterclaim or setoff that
Lessee may have against Lessor or any other person for any reason whatsoever. Subject to the foregoing, this Lease inures to the benefit of and is
binding upon the heirs, devisees, personal representatives, survivors, successors in interest, and permitted assigns of each party hereto.
0 Time of the Essence. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on any occasion of late
or defective performance.
Lessee Initials: X;,----
',f
e rvioc Charges; Interest; Fees. If Lessee shall fail to make any payment required by this Lease within (3) three days of the due date thereof, Lessee
to Lessor a service charge of 15% of the amount due, provided, however, that not more than one such service charge shall be made on any
c;efir:,luent payment. regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor any actual
?.r'c,,i+ional expenses incurred by Lessor in collection efforts, including but not limited to long distance telephone charges and travel expenses. Lessee
sr.<Ilpay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lesser of (A) the
n,axiy,um rate of interest allowed by law or (B) 15% per annum. Lessee agrees to pay Lessor all reasonable fees associated with this agreement
ir,c:tiling. but not limited to, documentation, site inspection. UCC search and filing, titling fees and costs, including a termination fee of $379.00 to cover
Our costs.
Default and Remedies. If (a) Lessee fails to make any payment required pursuant to this Lease when due, (b) Lessee fails to perform any obligation in
t1his tease agreement or any other agreement with Lessor or its assignees, (c) any representation or warranty by the Lessee contained herein is false,
idi as solely determined by the Lessor, an adverse change occurs in the Lessee's financial condition or Lessor believes the prospect of payment or
perlormance is impaired or (e) Lessee attempts or actually repudiates or revokes this agreement or any other agreement with Lessor or its assignees,
the n Lessee will be in default. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise any one or more of the
,1146-wing remedies, concurrently or separately, and without any election of remedies being deemed to have been made. Lessor may (a) retain Lessee's
cecudty deposit, (b) cancel this Lease and the Lessor's remaining obligations to the lessee, (c) sue for and recover from Lessee any and all amounts
due wider this Lease including the Stipulated Lease Value of this Lease, (d) enter upon Lessee's premises and without any court order or other process
of I aw and repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee provided
that such action shall not terminate this Lease unless Lessor notifies Lessee in writing (e) require the Lessee to assemble and make the Equipment
available to the Lessor at a location determined by the Lessor, (f) sell the Equipment to any party without notice to Lessee at a private or public sale, at
.A,i :lr sale Lessor may be the purchaser, (g) upon such terms and conditions as the Lessor alone shall determine, release the Equipment with or
waif font notice to the Lessee to any third party, (h) refer this Lease to an attorney for collection: or (f) pursue any other remedy available to the Lessor
under any agreement or applicable law. Lessee agrees to pay all costs of collection including, but not limited to, costs of repossession, attorney's costs
eluding attornev's fees, actual court costs, and any other expenses associated with the collection efforts, including but not limited to long distance
10-;?phone charges and travel costs. Lessee agrees that Lessor will not be responsible for paying Lessee for any consequential or incidental damages
res t illing from or in connection with default by Lessor under this Lease. It is further agreed that Lessee's rights and remedies are governed exclusively
;y this Lease and Lessee waives its rights under Artice 2A of the Uniform Commercial Code. Lessee agrees that any delay or failure to enforce
Lessor's rights under this Lease does not prevent Lessor from enforcing any rights at a later time. Lessor may use any of the remedies available under
Article 2A of the Uniform Commercial Code as enacted in the State of New Hampshire or any other law.
M iltiple Lessees. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend or change any of the terms hereof without the
cr. sent or knowledge of the others, without in any way releasing, waiving, or Impairing any right granted to Lessor against the others. Lessees and
eG,;h of them are jointly and severally responsible and liable to Lessor under this Lease.
t. Entire Agreement; No Oral Modifications; No Waiver. The instrument constitutes the entire agreement between Lessor and Lessee. No provisions of
this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof In one
instance shall not constitute a waiver as to any other instance. Notwithstanding the foregoing, the provision(s) of any Addendum or Schedule hereto
shall supersede any provision(s) of this Lease which is or are contrary to or Inconsistent with the provisions of such Addendum or Schedule.
Severability. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed
unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect.
Acknowledgement. Lessee understands and acknowledges that no broker or supplier, nor any salesperson, broker, or agent of any broker or supplier,
is an agent of Lessor. No broker or supplier, nor any salesperson, broker, or agent of any broker or supplier is authorized to waive or alter any term or
conditior of this Lease, and no representation as to the Equipment or any other matter by the broker or supplier, nor any salesperson, broker, or agent
of any broker or supplier, shall in any way affect Lessee's duty to pay the Rental Payments and to perform Lessee's obligations set forth in this Lease.
Representations and Warranties of Lessee. Lessee represents and warrants that: (a) if a corporation, Lessee is duty organized, validly existing and
in good standing under the laws of the state of its incorporation; (b) the execution, delivery and performance of this Lease: (1) has been duty authorized
by all necessary corporate action on the part of Lessee; (2) does not require the approval of any stockholder, trustee, holder of any obligations of
Lessee. or any governmental entity, except such as has been duly obtained; and (3) does not and wig not contravene any law, governmental rule,
regulation or order now binding on Lessee, or the charter or by-laws of Lessee, or contravene the provisions of, or constitute a default under, or result in
the creation of anv lien or encumbrance upon the property of Lessee under, any indenture, mortgage, contract or other agreement to which Lessee is a
party or by which it or its property is bound; (c) this Lease, when entered into, will constitute the legal, valid and binding obligation of Lessee,
enforceable against Lessee in accordance with the terns hereof; and (d) there are no pending actions or proceedings to which Lessee is a party, and
they are no other pending or threatened actions or proceedings of which Lessee has knowledge, before any court, arbitrator or administrative agency,
which, 0her individually or in the aggregate, would adversely affect the financial condition of Lessee, or the ability of Lessee to perform its obligations
uridr,r or remain in compliance with this Lease, and Lessee is not in default under any obligation for borrowed money for the deferred purchase price of
proparty or any lease agreement which, either individually or in the aggregate, would have the same such effect.
Net Lease. Lessee's obligations hereunder shall be absolute, unconditional and irrevocable and shall not be affected by any circumstance of any
rharacter including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other right that
I e'?,"p, may have against Lessor, any supplier or manufacturer of the Equipment, or any other person for any reason whatsoever. To the extent
p rrnitted by applicable law, Lessee hereby waives any and all rights which it may now have or which at any time hereafter may be conferred upon it, by
sf,4tu!e or otherwise, to terminate, cancel, quit or surrender this Lease with respect to the Equipment, except in accordance with the express terms
r:r•r c,f. Pa(:h payment of Rent made by Lessee hereunder shall be final and Lessee shall not seek or have any right to recover all or any part of such
:*)ymr,nt from Lessor or any other person for any reason whatsoever.
r.'.xerution in Counterparts; Chattel Paper. This Lease may be executed in any number of counterparts and in each case such counterparts shall
.;;;r,stitule but one and the same instrument; row vided, however, that to the extent that this Lease constitutes chattel paper (as such term is defined in
'tie Uniform Commercial Code), no security interest in this Lease may be perfected by possession other than by possession of the originally executed
vase r the possession of Lessor or its designee. For all other purposes, Lessor and Lessee intend and agree that a carbon copy, photocopy or
!%?r,.simity of this tease with their signatures on it shall be treated as an original and shall be deemed to be binding, genuine and authentic as an original
-;gi%nh,re deca,ment for all purposes, including all matters of evidence and the "best evidence" rules.
Survival. All warranties, representations, indemnities and covenants made by either party hereto, herein or in any certificate or other instrument
rrelivererl by such party under this Lease, shall be considered to have been relied upon by each other party hereto and shall survive the consummation
of tr• . transactions contemplated hereby regardless of any investigation made by any such party or on behalf of either such party.
Na-ices /kit notices or other communications hereunder shall be in writing, addressed (a) in the case of Lessee, to the address indicated on the first
parr. of this Lease, and (b) in the case of Lessor, to 155 Commerce Way, Portsmouth, NH 03801, Attention: Servicing, facsimile 800-875-0312, or such
o!h?i address as such party shall respectively instruct by written notice. Unless otherwise specifically required, service of all notices shall be deemed to
been given and to be effective when delivered personally, when delivered by a recognized overnight courier service, when sent by facsimile
transmission (with confirmation of receipt), or when delivered by the United States mail addressed as required by this Section.
Lessee Initials: X? T
UCt 2.4 Ub UU: U3a Marc Kideou /1'/-nje-ed I I p. 1
10/17/2005 10:03 FAX 603 431 b, DIRECT LBASE p(Dl1D. -D-, , 1002/002
PERSONAL GUARANTY
To induce Direg wtid comoraton ('Lessor') to lease muiprnent to Rldeout i Sons, LLC (the
'Lesseel pursuant to Lease No. 307069 or pursuant to Master Lease No. 345fifil _!1(lland all Supplements thereto (Cress
out and complete as required) (the -Lem*).
1. The undersigned hereby absolutely and wtconditionaNy guarantees to Lessor full and prompt payment and performance when
due of each and every obdgation of Lessee under the Lease.
2. The undersigned hereby wahies (1) notice of the acceptance hereof by Lessor and of the creation and existence of the lease
and (ii) any and all defenses otherwise available log guarantor or accommodation party.
3. This Guaranty is absolute and unconditional, and the liability of the undersigned hereunder shall not be affected or Impaired in
any way by any of the foliowirg each of which Lessor may agree to without the consent of the undersigned: (a) any extension
or renewal of the Lease whether or not for longer than the original period; (b) any change in the terms of payment or other
terms of the Lease or any collateral therefor or any exchanged, release of, or failure to obtain any collateral therefor, (c) any
waiver or forbearance granted to Lessee or any other parson; and (d) the application or failure to apply In any particular
rrenner any payments or credits on the Lease or any other obligation Lessee may owe to Lessor.
4. Lessor shall not be required before axerdskng and enforcing Its fights under the Guaranty first to resort for payment under the
Lease to Lessee or to any other person or to any collateral. The undersigned agrees not to obtain reimbursement of payment
tram Lessee or any other person obligated with respect to the Lease or from any, collateral for the Laos$ until the obligations
under the Lease have been fully satisfied.
5. The undersigned shall be and remain liable for any deficiency following foreclosure of any mortgage or security interest
securing the Lease whether or not the lWily of Lessee under the Lease is discharged by such loredoare.
5. The undersigned shall be and remain liable for any deficiency following Me initiation of bankruptcy or other insolvency actions
affecting the tease or the Lessee, whether or not the liability of the Lessee is discharged in whole or In part by such action.
7 The undersigned agrees to pay all costs, expenses and attorneys' fees paid or incurred by Lessor in endeavoring Io enforce
the Lease and this Gtsrenty.
a. If any payment from the Lessee or anyone ales is applied to the Lease and is thereafter set aside, recovered, rescinded. or
required to be returned for any resson (including as a preference In the bankruptcy of I essoo), the obligations under the Lease
to which such payment was applied shall for purposes of this Guaranty be deemed to have continued in existence
notwithstanding such application, and this guaranty shad be enforceable as to such obligations as fully as if such applications
had never been made.
9. If more than one person signs this Guaranty, then the liability of the undsrsoved hereunder shall be joint and several, and this
Guaranty shall be enforceable in fun against each of fhe undersigned.
10. This Guaranty shall be binding upon tM estate. heirs, success= and assigns of the undersigned, and shall inure to the
benefit of the successors and assigns of Lessor.
I 'l. By signing this Personal Guaranty, the undersigned authorizes Lessor to obtain their Credit Bureau Reports for credit and
collection purposes.
CONSENT TO LAW. JURISDICTION AND VENUE. The subject Lease shad be doomed fully executed and performed in the state of
Lessor's or its Assignee's principal place of business and shad be governed by and construed in accordance with the low thereof. If the
Lessor or its Assignee shall !bring any judicial proceeding in relation to any matter arising under the Lease Agroomem andlor alts
guaranty, the undersigned hereby irrevocably agrees that any such maker may be adjudged or determined In any cant or courts in the
state of the Lessor's or its Assignee's principal pleas of btra6tess, or any U.S. federal Court sitting In the state of the Lessor's or its
Assigneds principal place of business, or in any court or courts in Lessee's stets of residence, or in any other court having jurisdiction
over the lessee or assets of the Lessee, all at the site election of the Lessor. The undersigned hereby irrevocably submits generally
and unconditionally to the jurisdiction of any such court so elected by Lessor or its Assignee in relation to such matters.
By signing below, I wish to continue to receive updates from Direct Capital Corp. regarding my corporate account. Please send information to the
fax andlor email address given for the acetwrrt.
Dated 2 20_.
M...... tai.a......a
NO 13 907 001 Dupe IM
poll 0912311949 se. M
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Endorse -- Height d'oll`
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f:sp,m 0912412007
orta>trt ease
MA RC jEFFFE ?RIDEOUT tOl?
110 BRITWN SHIPPENSBuRG PA 17257
EXHIBIT "A"
-lse 1 Eaient Number: 3+5661.901
s xliibit referred to in and made part of Lease Agreement dated/%_y t.i: r?i;
?i?ital Cc)rporation (Lessor).
-- ---------------------------------------------
Rotobrush International LLC
801 Hanover Drive Ste 700
Grapevine, Texas 76051
aiR + September 2005 Platinum Package (1) SN# 8065250
aiR + Quick Start Marketing Package (1)
17X1.25 Hose Extensions aiR + (1)
aE:e PiCietil.it 8 Sons, LLC
,1. ?• 1-.:)J.._?L?F_ i J.i (x --------------
!oh n F,icteout Jr. , Member and individually
t7il pt Capital Corp rati n
,thorizec ' J ppresentative ??
"V-n1 _Ir,C flit L6Jf Illl IrV•`fV JV i v
LEASE # 345661.901
SCHEDULE `8'
This Payment_Schedulej' is to be attached to and become pan of the Equipment Lease Agreement
dated Except for the below changes in the payment schedules, all terms of the lease shall remain in full
force and effect
Term in months from rent commencement date 63
Payment Schedule as follows:
50.00 Secu city Deposit
367.12 Advance Payment followed by
3 Payments of 5.00 (plus applicable taxes)
59 Payments of 46.34 (plus applicable taxes)
This Payment Schedule 'B' is hereby verifled as correct by the undersigned Lessee, who acknowledges receipt of a copy.
Lessee Rideout 6 Sons. LLC
Full Legal Name
$ipn Ure ' ?Member
Title C?Li and individually
By signing above, I also wish to continue to receive updates from Direct Capital Corp.. regarding my corporate account.
Please send information to the fax and/or email address given for the account.
STATE OF ILLINOIS)
) SS.
COUNTY OF LAKE )
AFFIDAVIT
Now comes Brett Boehm after having been first duly sworn who upon oath states
as follows:
1. Presently and at all times stated hereinafter, I have been and am a principal
and manager of TBF Financial, LLC. ("TBF").
2. Presently and at all times stated hereinafter, TBF was and is in the
business of buying equipment leases from equipment leasing companies.
3. In May of 2009, TBF entered into a process with Financial Pacific
Leasing, LLC ("Financial Pacific") to acquire some of Financial Pacific's
equipment leases. The process concluded on May 27, 2009, when TBF
acquired some of Financial Pacific's leases.
4. I was the principal representative of TBF in that process.
As part of the process, I reviewed or supervised the reviewing of Financial
Pacific's books, records, and documents concerning the leases which TBF
acquired from Financial Pacific and specifically the lease (the "Lease")
identified as lease no. 006-0345661-002 of which Direct Capital
Corporation was the lessor and Rideout & Sons, LLC was the lessee.
6. Financial Pacific's books, records, and documents reflected that
immediately after the Lease was signed, November 11, 2005, the lessor,
assigned and transferred to Financial Pacific all its right, title, and interest
in and to the Lease and all documents attendant to the Lease, including,
but not limited to, the guarantee of the Lease (the "Lease Documents").
7. As part of the acquisition of the Lease and the Lease Documents,
Financial Pacific represented and warranted to TBF that Financial Pacific
had good and marketable title to the Lease and the Lease Documents
whereupon Financial Pacific assigned to TBF all Financial Pacific's right,
title, and interest in and to the Lease and the Lease Documents.
TBF is now the true, lawful, and absolute owner of the Lease and the
Lease Documents.
Further Affiant sayeth naught.
(signature on following page)
Exhibit f,,O-
Dated: August 12, 2009
BRETT OEH
??
My commission expires:
o?P?"' Le• JENNIFER PALMER
OFFICIAL My COMMISSION EXPIRES
SEAL, o JANUARY 23, 2011
F NA ^_n M.
t/Financial Pacific/affidavit assignment
Subscribed and sworn to before me this
FQLA-jz
ASSIGNMENT
0
? W.
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the undersigned hereby sell, assign, transfer and set over to TBF
Financial, LLC all of their right, title and interest in and to equipment leases identified
on Exhibit "A" attached hereto and attendant documents and equipment.
In witness whereof, this Assignment has been executed as of the 27th day of
May, 2009.
Financial Pacific Leasing, LLC
Financial Pacific Funding, LLC
Financial Pacific Funding II, LLC
By
Title:
Rnandal Padfic Leas1ngVm1gn.Doc
r
THIS AGREEMENT is made this day April, 2008 by and between Financial Pacific Leasing, LLC,
a Washington corporation, (hereinafter "FPL") and RIDEOUT & SONS LLC (hereinafter "RIDEOUT &
SONS LLC") and John Rideout Jr, Guarantor of RIDEOUT & SONS LLC, (hereinafter "J. RIDEOUT JR')
and Marc Rideout, Guarantor of RIDEOUT & SONS LLC, (hereinafter "M. RIDEOUT").
It is hereby agreed between the parties:
1. FPL CLAIM: FPL has a claim against RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT
arising out of Lease Number 006-0345661-901 and a certain Continuing Lease Guarantee and other related
lease documents (collectively referred to as "Lease") executed by FPL and RIDEOUT & SONS LLC, J.
RIDEOUT JR, and/or M. RIDEOUT are the guarantors of the above-mentioned Lease. The equipment
covered by the Lease is: see attached equipment list. A copy of the Lease is attached hereto as Exhibit "A"
and by this reference incorporated herein.
2. LEASE DEFAULT: RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT have defaulted
on their obligations under the Lease and under the Guarantee. RIDEOUT & SONS LLC, J. RIDEOUT JR,
and/or.M. RIDEOUT have requested that FPL forbear from taking action on the FPL claim of $15,196.55
and have agreed to make the payments and perform the obligations required under this Agreement.
3. PAYMENT & FORBEARANCE: FPL, RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M.
RIDEOUT have agreed that RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT shall pay FPL
the sum of $9,296.74, plus any applicable taxes, plus interest at the rate of eighteen percent (18%) per annum
from May 15, 2008, payable as follows:
(A). One Hundred Fifty Dollars & 00/100, ($150.00), plus any applicable taxes per month for one (1)
successive month, commencing May 15, 2008. Each such payment shall be due on or before the
fifteenth day of each successive month.
(B). Three Hundred Thirty Seven Dollars & 82/100, ($337.82), plus any applicable taxes per month
for thirty five (35) successive months, commencing June 15, 2008 and ending April 15, 2011.
Each such payment shall be due on or before the fifteenth day of each successive month.
A late charge of 10% of each payment will be assessed for each month a payment is not received on or
before the due date. An additional late charge will be assessed for each month a payment remains unpaid.
The amounts due under this Forbearance Agreement shall accrue interest at the rate of eighteen percent,
(180/6), per annum from March 15, 2008, until paid in full.
4. POSSESSION OF EQUIPMENT: It is agreed that RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or
M. RIDEOUT shall maintain possession of the equipment described above. Should RIDEOUT & SONS
LLC, J. RIDEOUT JR, and/or M. RIDEOUT fall into default under their payment obligations as set forth
herein, RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT agree, at their sole expense to
immediately return said equipment to FPL. FPL may, upon sale, lease or other disposition of the equipment
give credit of the net sale proceeds against the accelerated balance due on this agreement.
Forbearance-1
Exhibit
5. INSURANCE: RIDEOUT &NS LLC, J. RIDEOUT JR, and/or AbEOUT at their own exPense
shall keep said equipment insured for the full term of this agreement and any renewals or extensions thereof,
for the full insurable value thereof against all risks of loss or damage, and against such other risks in such
amounts as FPL may specify, including liability insurance, with limits not less than $500,000.00 (bodily
injury and property damage) combined single limit. Provided, however, in those instances where RIDEOUT
& SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT is leasing equipment defined by FPL as "mobile
equipment," RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT shall procure and maintain,
for the full agreement term, all risk physical damage insurance as opposed to insurance against fire and theft,
with extended or combined coverage. All insurance policies must provide that no cancellation shall be
effective without thirty (30) days prior written notice to FPL. RIDEOUT & SONS LLC, J. RIDEOUT JR,
and/or M. RIDEOUT shall deliver to FPL the policies or evidence of insurance with a standard form of
endorsement attached thereto showing FPL to be named as an additional insured, together with receipts for
the premiums there under. RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT shall, at the
request of FPL, name as Loss Payee such party who may have a security interest in the equipment.
6. FAILURE TO PAY TAXES, INSURANCE, ETC.: FPL shall have the right, but not the obligation,
without notice to or demand upon RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT and
without releasing RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT from any obligation
hereunder, to make or do the same and to pay, purchase, contest, or compromise any encumbrance, charge or
lien which in the judgment of FPL appears to effect the equipment and in exercising such rights, incur any
liability and expend whatever amounts in its absolute discretion it may deem necessary therefore. Should
RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT fail to provide FPL the policies or
evidence of insurance described herein, RIDEOUT & SONS LLC, J. RIDEOUT JP, and/or M. RIDEOUT
shall be assessed FPL'S purchase of insurance and also agrees that a charge therefore will be paid by the
RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT. All sums so incurred or expended by
FPL shall be without demand immediately due and payable by RIDEOUT & SONS LLC, J. RIDEOUT JR,
and/or M. RIDEOUT and shall bear interest at eighteen percent (18%) per annum if not prohibited by law,
otherwise at the highest lawful contract rate.
7. REMEDIES: Time is of the essence under this Agreement. Upon the default of RIDEOUT & SONS
LLC, J. RIDEOUT JR, and/or M. RIDEOUT in making any of the payments called for under this
Agreement, FPL may, without notice to RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT
declare this Agreement terminated and accelerate on the full claim balance of $15,196.55 plus any applicable
taxes, less any payments received and applied under this agreement. FPL may, exercise any or all rights
allowed by law to collect the amounts remaining due.
Forbearance-2
8. ASSIGNMENT: FPL may 10gn the forbearance payments reservAein or all or any of FPL'S other
rights hereunder. After such assignment, RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT
waives any right RIDEOUT & SONS LLC, J. R.IDEOUT JR, and/or M. RIDEOUT may have to claim or
assert any defenses, setoffs or counterclaims against assignee of FPL. RIDEOUT & SONS LLC, J.
RIDEOUT JR, and/or M. RIDEOUT will settle all claims arising out of alleged breach of warranties,
defenses, setoffs and counterclaims it may have against FPL directly with FPL and not set up any such
against FPL'S assignee. An assignee of FPL shall not be obligated to perform any of FPL'S obligations
under this agreement. RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT, on receiving notice
of any such assignment, shall abide thereby and make payment as may therein be directed. Following such
assignment, solely for the purpose of determining assignee's rights hereunder, the term FPL shall be deemed
to include or refer to FPL'S assignee. RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT
acknowledges that the equipment if any may be subject to a security interest which is prior to any interest
RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT may have in any such equipment.
9. FACSIMILE SIGNATURES AUTHORIZED: FPL, RIDEOUT & SONS LLC, J. RIDEOUT JR,
and/or M. RIDEOUT may sign facsimile copies of this document and such copies shall be treated as original
for the purpose of enforcing the terms of this agreement.
10. RELEASE AND ESTOPPEL: FPL, RIDEOUT & SONS LLC, J. RIDEOUT JR, and/or M. RIDEOUT
each hereby agree FPL (and its predecessors-in-interest) has fulfilled all of its obligations under the terms of
the Lease to date. Further, in exchange for FPL (and its predecessors) from any and all claims, demands,
causes of action or obligations of any kind, known or unknown, relating to the Lease or this Forbearance
Agreement, which may have arisen prior to this Forbearance Agreement.
11. ATTORNEY'S FEES & EXPENSES: In the event of default hereunder, RIDEOUT & SONS LLC, J.
RIDEOUT JR, and/or M. RIDEOUT shall pay FPL'S actual costs and reasonable attorney's fees incurred in
collection this Agreement.
Forbearance-3
r'
kpr 16 08 08:47p Marc RidecxA 71J& X435 p.1
94-1" IUXT FRW INAXIAL *JC LEASING +2535662222 T',T" P-MA4 F-161
12. GOVKRMG LAW: This Fe bearanoe Agrement &W be gaw med by
Wasklu&n. J»isd Won of my =doo based on this Agmemeat may be in WashW?
be Pierce County.
Pobn Ride but Jr, Prineipal Dated
RIDEOUT & SONS LLC
By:
ohn dearst Jr, lndividu
ay: ?1/ IJAM
Ram RWOIK dually
Vidd Cladc, Collections Superviaoc
Flumdal Paieffm Les hmL LLC
Flx"dwPN4gvL6=f9g: LLC
PO tlbac $068
Fad&W Way WA M06340"
0" 2234550 refire
(253) Si-x222 Fir
q'-/6-Os(
Dated
aw
i
Dated i
laws of the State of
State and vaaus may
2r
Accountina Statement
TBF File Number 65032
Date August 12, 2009
Re: TBF Financial, LLC v. Rideout & Sons, LLC, John Rideout and Marc Rideout
Total Payments Due See Forbearance $15,196.55
Payments Made ($4,048.49)
Late Charges $1,114.80
Interest $ 0.00
Attorney Fees $ 0.00
Equipment Residual Value $ 0.00
Sales Tax $ 0.00
Personal Property $ 0.00
Insurance $ 0.00
Sales Proceeds ($ 0.00)
Balance Due $12,262.86
Plus 18% interest from May 15, 2008, pursuant to the Forbearance Agreement
Exhibit
Sep 29 2005 4:1.4PM TBF Financial 18479488143 p.l
From: 717 238 7158 Page: 8!8 Date 9/2%@00010:50:12 AM
VERIFICATION
15fo-a+ VI)fYllnm
of TBF FINANCIAL, LLC, verify that the statements made in the alto
true and correct. I understand that false statements herein are
penafties of 1S Pa. C. S. §4904, relating to unworn falsification to
TBF FINANCIAL..1
By:
Title:
Dated: gIZgIOa
document are
subject to the
3e 02IJ85M
RIDEOUT
This feat was received by GFI FAXmaker fax server. For more information, visit htt 11www.911. eom
Cfi THE r*, ' 1--,'^ :, ^ I'AP,Y
2009 OCT -O R-1 1: 51
.x79.50 Pp Arn
elcv- 10543
R*`" '131532
Sheriffs Office of Cumberland County
R Thomas Kline t1? TF v G^ TARY
Sheriff
VIVO', at lax,nLrr??
Ronny R Anderson 2C,39 OUN 19 AM l ! ; 21
Chief Deputy
Jody S Smith C
Civil Process Sergeant O E OF -"F ??EA«F
Edward L Schorpp
Solicitor
TBF Financial LLC
vs. Case Number
Rideout & Sons LLC 2009-6666
SHERIFF'S RETURN OF SERVICE
10/14/2009 12:47 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 14,
2009 at 1247 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Rideout & Sons LLC, by making known unto Marc Rideout, Owner at 112 Britton Road
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
10/14/2009 12:47 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 14,
2009 at 1247 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Marc Rideout, by making known unto himself personally, at 112 Britton Road
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
10/14/2009 12:47 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 14,
2009 at 1247 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: John Rideout, by making known unto himself personally, at 112 Britton Road
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
SHERIFF COST: $78.00
October 15, 2009
SO ANSWERS,
0-1-6040
000340M - --
? -dwo
?,•
R THOMAS KLINE, SHERIFF
By
Deputy eriff
TBF FINANCIAL LLC, assignee of Federal
Pacific Leasing LLC,
Plaintiff
v
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC
RIDEOUT as personal guarantor,
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6666 CIVIL TERM
CIVIL ACTION - LAW
C ? d
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TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s),RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC RIDEOUT as personal guarantor, named for failure to file
within the required time an Answer to the Complaint in the above-captioned case and assess the
Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint ................................ $ 14,715.43
Less payments, if any ................................................. $ (2,000.00)
Interest at the rate of 18% per annum from 5/15/08-5/16/11 (6.27 per diem) . $ 6,872.60
Total ............................................................... $ 19,588.03
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or
delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and
at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice(s) is/are
attached. C QUA 314.UU P4 oa
C,Lt{ I ei1418
KODAK & IMBLUM, P.C. V-w.'tS9 sp
? '?fahc,c'fV? kd
By P A,01 1 5-2
RobeitUk Kodak, Attorney for Plaintiff
DATED: S -)?b- o Judgment entered and damages assessed as above.
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
vvw .kodak-imblum.com
April 1, 2011
RIDOUT & SONS LLC
112 BRITTON ROAD
SHIPPENSBURG PA 17257 oft 1w,
FILE uupy
RE: TBF Financial LLC, assignee of Federal Pacific Leasing LLC
VS: Rideout & Sons LLC
No.09-6666, Court of Common Pleas, Cumberland County, PA
Our File No. 36021
Greetings:
Telephone
717.238.7159 x101
Facsimile
717.238.7158
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf..
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County to enter judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
JZA., t 9).5C.d.P„
ROBERT D. KODAK, ESQUIRE
robert.kodak@kodak-imblum.com
RDK/ akr
Enclosures
C NICOLE VALENTI
TBF FINANCIAL LLC
520 LAKE COOK ROAD #510
DEERFIELD IL 60015
65032
TBF FINANCIAL LLS, assignee of Federal
Pacific Leasing LLC,
Plaintiff
v
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC
RIDEOUT as personal guarantor,
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6666 Civil Term
CIVIL ACTION - LAW
IMPORTANT NOTICE / AVISO IMPORTANTE
TO/ A: RIDEOUT & SONS LLC Defendant(s) / Defendido(s)
DATE OF NOTICE / FECHA DEL AVISO: April 1, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
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.
........................................................................................................................................................ .............................. ....................................................
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER
CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN
PRESENTADO CONTRA USTED. A MENDS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7159 x101
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
www.kodak-imblum.com
April 1, 2011
MARC RIDEOUT
112 BRITTON ROAD TIL E F ^op
SHIPPENSBURG PA 17257
RE: TBF Financial LLC, assignee of Federal Pacific Leasing LLC
VS: Marc Rideout personal guarantor to Rideout & Sons LLC
No.09-6666, Court of Common Pleas, Cumberland County, PA
Our File No. 36021
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
'ROBERT D. KODAK, ESQUIRE
robert.kodak@kodak-iniblum.com
RDK/ akr
Enclosures
c NICOLE VALENTI
TBF FINANCIAL LLC
520 LAKE COOK ROAD #510
DEERFIELD IL 60015
65032
TBF FINANCIAL LLS, assignee of Federal
Pacific Leasing LLC,
Plaintiff
v
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC
RIDEOUT as personal guarantor,
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6666 Civil Term
CIVIL ACTION - LAW
IMPORTANT NOTICE / AVISO IMPORTANTE
TO/ A: MARC RIDEOUT as personal Defendant(s) / Defendido(s)
guarantor
DATE OF NOTICE / FECHA DEL AVISO: April 1, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
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.
............................ -................................ ......................................... .................................................... ........................................................... .....................
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER
CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN
PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imblum.com
JOHN RIDEOUT
112 BRITTON ROAD
SHIPPENSBURG PA 17257
April 1, 2011
Telephone
717238.7159 x101
Facsimile
717.238.7158
FILE COPY
RE: TBF Financial LLC, assignee of Federal Pacific Leasing LLC
VS: John Rideout personal guarantor to Rideout & Sons LLC
No.09-6666, Court of Common Pleas, Cumberland County, PA
Our File No. 36021
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
,A,,-,1,_qf. ?C?daP?
RDK/ akr
Enclosures
NICOLE VALENTI
TBF FINANCIAL LLC
520 LAKE COOK ROAD #510
DEERFIELD JL,60015
ROBERT D. KODAK, ESQUIRE
robert.kodak@kodak-imblui,n.com
65032
TBF FINANCIAL LLS, assignee of Federal IN THE COURT OF COMMON PLEAS OF
Pacific Leasing LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-6666 Civil Term
v
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC CIVIL ACTION - LAW
RIDEOUT as personal guarantor,
Defendant(s) .
IMPORTANT NOTICE / AVISO IMPORTANTE
TO/ A: JOHN RIDEOUT as personal Defendant(s) / Defendido(s)
guarantor
DATE OF NOTICE / FECHA DEL AVISO: April 1, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A- WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY ?E
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
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.
..........- .........................................................................................................................................................................................................................
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER
CON I?A CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN
PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEYAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMATION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-6666 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TBF FINANCIAL LLC, ASSIGNEE OF FEDERAL
PACIFIC LEASING LLC Plaintiff (s)
From RIDEOUT & SONS LLC AND JOHN RIDEOUT AS PERSONAL GUARANTOR AND
MARC RIDEOUT AS PERSONAL GUARANTOR, 112 BRITTON ROAD, SHIPPENSBURG, PA
17257
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE DEFENDANT INCLUDING BUT NOT LIMITED TO
CASH, FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, LAWN & GARDEN
EQUIPMENT HOUSEHOLD GOODS, APPLIANCES, ETC.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $19,588.03 L.L. $.50
Interest from judgment 7/6/11 - $3.22 per diem - $151.34
Atty's Comm 5 % statutory rate - $979.40 Due Prothy $2.00
Atty Paid $197.00
Other Costs
Plaintiff Paid
Date: July 11, 2011
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name JEFFREY L. TROUTMAN, ESQUIRE
Address: P.O. BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 53984
PRAECIPE FOR WRIT OF EXECUTION - (MONEY 1-11I„QA?
P.R.C.P. 3101 to 3149 PROTTtiONOT R
TBF FINANCIAL LLC, assignee of Federal
Pacific Leasing LLC
Plaintiff
vs
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and MARC
RIDEOUT as personal guarantor,
112 BRITTON ROAD
SHIPPENSBURG, PA 17257
DEFENDANT(S)
Costs (to be determined $
2111 JUL I 1 AM 11: 52
IN THE COURT OS OF
nf, Cumberland C NIA
Writ No. Term 20
No. 09-6666 Term 2009
Amount Due
5/20/11 jdmt ............. $ 19,588.03
Interest from jdmt -7/6/11
3.22 per diem ............... $ 151.34
Atty's Commission
5% statutory rate .......... $ 979.40
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against RIDEOUT & SONS LLC and JOHN RIDEOUT as personal guarantor and
as persona guarantor
e en ant s ;
(3) and against
arms ee s ;
(4) and index this writ
(a) against RIDEOUT & SONS LLC and JOHN RIDEOUT as personal guarantor and
as persona guarantor
Defendant(s) and
(b) against
arms ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.
(5) E ption has (not) been waived.
S
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Dated 7/6/11
be D. Kodak, Esquire
4,
Box 11848
Harrisburg, PA 17108
(717) 238-7159
$a.00 DW &
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Attorney For Plaintiff(s)
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NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ).
Paragraph (4)(a) should be completed only if indexing of the executions in the county of insurance, is desired as authorized by Rule 3104(a). When the writ issues to
another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c ).
TBF FINANCIAL, LLC,
ASSIGNEE OF FEDERAL
PACIFIC LEASING, LLC,
PLAINTIFF
V.
RIDEOUT & SONS, LLC,
AND JOHN RIDEOUT AND
MARC RIDEOUT,
DEFENDANTS
IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
331-
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NO. 09-6666 CIVIL
C_
ORDER OF COURT AND NOW, this 2"d day of August, 2011, upon consideration of the
Petitioner's Claim for Exemption, a Rule shall issue upon the Plaintiff, to show
cause why the Petitioner's request for her exemption should not be granted.
IT IS ORDERED AND DIRECTED that the Rule is returnable on Tuesday,
August 9, 2011, at 8:30 a.m. in Courtroom Number 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
lv?? ??
M. L. Ebert, Jr., J
Marc Rideout
112 Britton Road
Shippensburg, PA
M
17257 Cpp??
Robert Kodak, Esquire
P.O. Box 11848
Harrisburg, PA 17108
Cumberland County Sheriff -&A?2?
bas
TBF FINANCIAL LLC, etc.
Plaintiff
V
RIDEOUT & SONS, INC. and JOHN
RIDEOUT and MARC RIDEOUT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-6666 CIVIL TERM
CLAIM FOR EXEMPTION
IN RE: CLAIM FOR EXEMPTION
ORDER OF COURT
AND NOW, this 9th day of August, 2011, after hearing
in the above-captioned matter, the court does find that the claim
of Ella Mae Rideout is appropriate. Accordingly, all property
which is owned by her as a tenant by the entireties with John H.
Rideout, Jr. is exempt from Sheriff's sale. Additionally, at
minimum, $300.00 of any value acquired in the sale of the 1995
blue Ford van is exempt as the statutory exception of John H.
Rideout, Jr.
By the Court,
IN?
M. L. Ebert, Jr., J.
J
Robert D. Kodak, Esquire
For the Plaintiff
John H. Rideout, Jr.
Marc Rideout
112 Britton Road
Shippensburg, Pa. 17257
Sheriff --in U
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CD
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N) N
RONNY R. ANDERSON
Sheriff
JODY S. SMITH
Chief Deputy
To Whom It May Concern:
OFFICE OF THE SHERIFF
RICHARD W. STEWART
Solicitor
One Courthouse Square, Room 303 f-3 --f
Carlisle, Pennsylvania 17013
cn M :.?
rnF
=
August 12, 2011 - cn
TBF Financial LLC C-'
vs ,
Rideout & Sons, LLC
Writ No. 2009-6666
Property Claim Determination
Reference is made to Property Claim dated August 2, 2011, entered by Ella Mae
Rideout, Writ of Execution No. 2009-6666 Civil Term, TBF Financial, LLC vs. Rideout
& Sons, LLC.
Ronny R. Anderson, Sheriff, has determined that the claimant, Ella Mae Rideout,
in the above mentioned property claim, is the owner of the property set forth in the claim.
So Ans s:
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o R. Anderso , Sheriff
ByC= A--
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Jeffrey Troutman, Atty for Plaintiff
Rideout & Sons, LLC., Defendant
John Rideout, Defendant
Marc Rideout, Defendant
Ella Mae Rideout, Claimant
of
?d
NOTICE OF PROPERTY CLAIM
TBF Financial, LLC In the Court of Common Pleas
Cumberland County, Pennsylvania
VS
Rideout & Sons, LLC. No. 2009-6666 Civil Term
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby notified that a property claim, a copy of which is
attached hereto has been filed by Ella Mae Rideout, claiming property
listed therein. Unless an appraisal of the property is requested within (10) days
from the date of this notice, the Sheriff without making an appraisal
will accept the value of the property set forth in the claim.
Date 08-02-11 .
eriff of Cumberland County
By
Cc
Jeffrey Troutman, Atty for Plaintiff
Rideout & Sons, LLC., Defendant
John Rideout, Defendant
Marc Rideout, Defendant
Ella Mae Rideout, Claimant
PROPERTY CLAIM
S
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY
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being duly sworn according to law, deposes and says that the
Claimant
THF. CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
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ROBERT D. KODAK, ESQUIRE UMBERLAND
PENNSYLVANIA
NlA
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7152
Attorney for Plaintiff
TBF FINANCIAL LLC, assignee of IN THE COURT OF COMMON PLEAS
Federal Pacific Leasing, LLC CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs
NO. 09-6666
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and
MARC RIDEOUT as personal
guarantor.
112 BRITTON ROAD
SHIPPENSBURG PA 17257
Defendant(s)
P R A E C I P E
TO THE PROTHONOTARY:
Please AMEND the Writ of Execution in the above-captioned case to add
Garnishee, M&T BANK, at 1 W HIGH STREET, CARLISLE PA 17013.
TO: Cumberland County
Prothonotary
Dated: August 12. 2011 Aert . Ko a K, Attorney for Plaintiff
Attorney I.D. No. 18041
so P9 pie-e-
WRIT OF E:KECUTI N and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-6666 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TBF FINANCIAL LLC, ASSIGNEE OF FEDERAL
PACIFIC LEASING LLC Plaintiff (s)
From RIDEOUT & SONS LLC AND JOHN RIDEOUT AS PERSONAL GUARANTOR AND
MARC RIDEOUT AS PERSONAL GUARANTOR, 112 BRITTON ROAD, SHIPPENSBURG, PA
17257
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE DEFENDANT INCLUDING BUT NOT LIMITED TO
CASH, FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, LAWN & GARDEN
EQUIPMENT HOUSEHOLD GOODS, APPLIANCES, ETC.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows: rnJr'? WuJiC? (? I?gh af• Carlisle, fib' 176 ?3
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $19,588.03
L.L. $.50
Interest from judgment 7/6/11 - $3.22 per diem - $151.34
Atty's Comm 5 % statutory rate - $979.40 Due Prothy $2.00
Atty Paid $197.$p
Other Costs
Plaintiff Paid
Date: July 11, 2011
(Seal)
REQUES .'ING PARTY:
Narne JEFFREY L. TROUTMAN, ESQUIRE
Address: P.O. BOX 11848
HARRISBURG, PA 17108
David D. Buell, Prothonotary
By: ylb- ???
Deputy
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 53984
i,
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JV,.S
P.R.C.P. 3101 to 3149 jF? 'f HE: ??Md1TBF FINANCIAL LLC, assignee of Federal
Pacific Leasing LLC
Plaintiff
vs
2011 JUL I I AM 11 52
S OF
IN THE COURT %WWMNIA
Cumberland CWrit No. Term 20
No. 09-6666 Term 20 09
Amount Due
RIDEOUT & SONS LLC and JOHN 5/20/11
1dmt
••••••••..... $ 19,588.03
RIDEOUT as personal guarantor and MARC -
RIDEOUT as personal guarantor, Interest from jdmt -7/6/11
3.22 per diem ............... $ 151.34
112 BRITTON ROAD _
SHIPPENSBURG, PA 17257 At?ty's Commission
5 /o statutory rate .......... $ 979.40
DEFENDANT(S)
Costs (to be determined) $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against RIDEOUT & SONS LLC and JOHN RIDEOUT as personal guarantor and
as persona guarantor
e en ants ;
(3) and against
,arms ee s ;
(4) and index this writ
(a) against RIDEOUT & SONS LLC and JOHN RIDEOUT as personal guarantor and
as persona guarantor
(b) against Defendant(s) and
arnis ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.
(5) E ption has (not) been waived.
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1y. co Dated 7/6/11 C?, 1?0 u
*be D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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Under paragraph(]) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriff of the county in which issued.
Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ).
Paragraph (4)(a) should be completed only if indexing of the executions in the county of issurance, is desired as authorized by Rule 3104(a). When the writ issues to
another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
-
Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a Its pendens is desired. See Rule 104(c)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OF F ICE
Sheriff OF THE PROTHONOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
of clrutb"r,#?
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OF; CF _ u,F $ cg?F
2011 AUG 31 AM 8: 35
CUMBERLAND COUNT`'
PENNSYLVANIA
TBF Financial LLC, Assignee of Federal Pacific Leasing
vs. I Case Number
Rideout & Sons LLC (et al.) 2009-6666
SHERIFF'S RETURN OF SERVICE
08/26/2011 10:30 AM - Amanda Cobaugh, Deputy, who being duly swom according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, M&T Bank at 1 W High Street, Carlisle Borough,
Carlisle, PA 17013, Cumberland County, by handing to JOAN CROWL, TELLER, personally three true and
attested copies of the Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on August 29, 2011 to John Rideout, Marc
Rideout and Rideout & Sons, LLC. at 112 Britton Road, Shippensburg, PA 17257.
SO ANSWERS, August 29, 2011 RON R ANDERSON, SHERIFF
1
.Amanda Cobaugh, De ty
;c Gounf,•Suite Sner;Yf. T?;iecso+?. k??;.
TBF FINANCIAL LLC, assignee of
Federal Pacific Leasing, LLC
Plaintiff
v
RIDEOUT & SONS LLC and JOHN
RIDEOUT as personal guarantor and
MARC RIDEOUT as personal
guarantor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-6666
CIVIL ACTION - LAW
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Defendant(s)
v
M&T BANK,
TO THE PROTHONOTARY:
PRAECIPE
Please dissolve the Garnishment issued against M&T BANK, Garnishee in the
above-captioned matter.
Dated: September 8, 2011
13 M
)#elrD. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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Garnishee
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Anderson ta,.. F t +?? ? 1 d ? i
S Smith
,lief Deputy Z H AR 22 411 jo:
Richard W Stewart Solicitor ?l ERiLANO s'?( h?'t Ut
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TBF Financial LLC, Assignee of Federal Pacific Leasing
vs. Case Number
Rideout & Sons LLC (et al.) 2009-6666
SHERIFF'S RETURN OF SERVICE
07/27/2011 04:28 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be JOHN RIDEOUT,
FATHER OWNER, who accepted as "Adult Person in Charge" for the within named Defendant, to wit:
Rideout & Sons LLC at 112 Britton Road, Shippensburg Township, Shippensburg, PA 17257, informed
person of contents of same and levied upon personal property as directed.
The writ of execution and notice to defendant was mailed on July 28, 2011 to Rideout & Sons, LLC., at
112 Britton Road, Shippensburg, PA 17257.
07/27/2011 04:28 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be JOHN RIDEOUT,
FATHER, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: John H.
Rideout, Jr. at 112 Britton Road, Shippensburg Township, Shippensburg, PA 17257, informed person of
contents of same and levied upon personal property as directed.
The writ of execution and notice to defendant was mailed on July 28, 2011 to John H. Rideout at 112
Britton Road, Shippensburg, PA 17257.
07/27/2011 04:28 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be JOHN RIDEOUT,
FATHER, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Marc Rideoul
at 112 Britton Road, Shippensburg Township, Shippensburg, PA 17257, informed person of contents of
same and levied upon personal property as directed.
The writ of execution and notice to defendant was mailed on July 28, 2011 to Marc Rideout at 112 Britton
Road, Shippensburg, PA 17257.
08/02/2011 On August 2, 2011 at 1430 hours, a property claim was filed by Ella Mae Rideout. All parties notified by
mail this date.
08/26/2011 10:30 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, M&T Bank at 1 W High Street, Carlisle Borough,
Carlisle, PA 17013, Cumberland County, by handing to JOAN CROWL, TELLER, personally three true
and attested copies of the Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on August 29, 2011 to John Rideout, Marc
Rideout and Rideout & Sons, LLC. at 112 Britton Road, Shippensburg, PA 17257.
03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $174.29
March 21, 2012
0.00tvl . (10
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SO ANSWERS,
4z
RON R ANDERSON, SHERIFF