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Home My WebLink About10-7189SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 01 417 F!l ?Jt,?rjf} i h ? ,?.,,+ "$k t Jody S Sm car- % 't3 p Chief Deputy - ; o . r C Richard W Stewart ?p X-n Solicitor C tD 1p• ? ? Key Equipment Fianace, Inc. Case Number vs. S.A. Hurley Excavation, Inc. (et al.) 2010-7189 SHERIFF'S RETURN OF SERVICE 11/18/2010 05:29 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1729 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: S.A. Hurley Excavation, Inc., by making known unto Steve Hurley, Owner of S.A. Hurley Excavation, Inc. at 50 Frytown Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ?E RYAN BURGETT, DEPUTY 11/18/2010 05:29 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 18, 2010 at 1729 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steve Hurley, by making known unto himself personally, at 50 Frytown Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.24 November 19, 2010 f; RYAN BURGETT, DEPUTY SO ANSWERS, RON . R ANDERSON, SHERIFF (c Gountysuitc- S ,ei:rf Tele::ro`t, inc. FILED-'OFFICE OF THE PROTHONOTARY 2910 DEC -9 PM 2: 11 CUMBERLAND COUNTY PENNSYLVANIA KEY EQUIPMENT FINANCE, INC. 11030 Circle Point Drive, Suite 200 Westminster, CO 80020 Plaintiff VS. S.A. HURLEY EXCAVATING, INC. 50 Frytown Road Newville, PA 17241 and STEVE HURLEY 50 Frytown Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7189 ANSWER WITH NEW MATTER AND NOW comes the above-named Defendants, by their attorney Samuel L. Andes, and makes the following Answer, with New Matter, to Plaintiff s Complaint: 1 through 3. Admitted. 4. No answer required. 5. Defendants admit that S.A. Hurley Excavation, Inc. ("Corporation") entered into some fmance agreement with Plaintiff. Defendants are not able, however, to answer the other averments set out in this paragraph because the copy of the alleged agreement attached to the Complaint is not legible to Defendants, so Defendants denies the accuracy of that document and demands proof thereof at trial. 6. Hurley admits that he signed a personal guarantee but denies that the document attached to Plaintiff s Complaint is an accurate copy of that document because the copy attached to Plaintiffs Complaint is not legible and so Hurley denies those averments and demands proof thereof at trial. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. By way of further answer, however, Defendants incorporate herein, by reference, the averments set out in their New Matter. 11. Denied. Defendants deny that they, or either of them, owe Plaintiffs $67,676.03 because such amount does not reflect the payments made by Corporation prior to its default and does not reflect the value of the vehicle which was returned to Plaintiff and subsequently liquidated by Plaintiff. Defendants incorporate herein, by reference, the averments set out in their New Matter. 12. Denied. Defendants cannot read the copy of the alleged agreement attached to Plaintiff's Complaint because it is not legible. For that reason, they deny the accuracy of the document attached and Plaintiff's assertion that the agreement requires Defendants to pay legal fees and demands proof thereof at trial. By way of further answer, Defendants state that Plaintiff s demand for attorneys fees is not reasonable but, to the contrary, is excessive. WHEREFORE, Defendants pray that Plaintiff's Complaint int his matter be dismissed and that the judgment be entered in favor of the Defendants. NEW MATTER By way of further answer, Defendants set forth the following New Matter: 13. The document attached to Plaintiffs Complaint is illegible and cannot be read or verified as accurate by Defendants. Accordingly, Defendants deny that the document attached to Plaintiff s Complaint is an accurate copy of any agreement signed by the Defendants. 14. Defendant Corporation made payments on the obligation owed to Plaintiff for a period of approximately twenty-two (22) months. Total payments made in that fashion exceeds $44,000.00. 15. Plaintiff's Complaint gives Defendants no credit for the payments made by Defendant Corporation. 16. Prior to commencement of this action, Plaintiff, or its agents, repossessed the vehicle which was the subject of the financing arrangement between Plaintiff and Defendant Corporation. 17. Defendants believe that Plaintiff sold or otherwise disposed of the vehicle and received valuable consideration and payment for that disposition. 18. Plaintiff's Complaint fails to give any credit to Defendants for the value of the vehicle repossessed by Plaintiff or its agents or the proceeds of Plaintiff s disposition of the vehicle. 19. Plaintiffs demand for counsel fees is not reasonable and is excessive. WHEREFORE, Defendants pray this court to dismiss Plaintiff s Complaint and enter judgment in this matter on behalf of Defendants. 1? -%_ 0'. Samuel L. des Attorney for Defendants Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). ? STEVE HURLEY I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). S.A. HURLEY EXCAVATING, INC. Date: 4STEVE ,?- HURLEY?fesident Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 KEY EQUIPMENT FINANCE, INC. 11030 CIRCLE POINT DRIVE, SUITE 200 WESTMINSTER, CO 80020 Plaintiff, vs. S.A. HURLEY EXCAVATION, INC 50 FRYTOWN RD NEWVILLE, PA 17241 and STEVE HURLEY 50 FRYTOWN RD. NEWVILLE, PA 17241 Defendants, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW No. 10-7189 C-) C N o C7 rnCD M C_ rn r- =.? -vim C) CD ? ? 'o x? Y Cz _ C)rn N PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, Key Equipment Finance Corporation, (Hereinafter referred to as "Key Equipment" by its attorney, Richard W. Keifer III, files this Reply and avers as follows: 13. Denied. The Vehicle Finance Agreement attached to the Complaint is legible. Further, it is believed that the Defendants' are in possession of their own copy of the Vehicle Finance Agreement. 14. It is admitted that the Defendant Corporation made payments and that Plaintiff properly credited Defendant Corporation for all such payments. 15. Denied. Plaintiff properly credited Defendants for all payments made. 16. Admitted. 17. Admitted. 18. Denied. Defendants were properly credited for the re-sale of the truck in the amount of $43,950.00. 19. Denied. WHEREFORE, Plaintiff prays that the honorable Court deny Defendants' New Matter. Respectfully submitted, Law Office of Richard W. Keifer III B?? Richard W. Keifer III, Esquire 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 Dated: 0 61 VERIFICATION I, Richard W. Keifer III, do hereby verify that I the attorney for Key Equipment Finance and that am authorized to make this Verification on behalf of Key Equipment Finance Corporation; that the foregoing document was prepared with the assistance and advice of counsel and the employees of Key Equipment Finance Corporation. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Dated:- 4/l/ Richard W. Keifer III • a Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 KEY EQUIPMENT FINANCE, INC. 11030 CIRCLE POINT DRIVE, SUITE 200 WESTMINSTER, CO 80020 Plaintiff, vs. S.A. HURLEY EXCAVATION, INC. 50 FRYTOWN RD NEWVILLE, PA 17241 and STEVE HURLEY 50 FRYTOWN RD. NEWVILLE, PA 17241 Defendants, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW No. 10-7189 CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of Plaintiff s Reply to Defendant's New Matter was served upon the following counsel via first class mail on this date: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 By?? Richard W. Keifer III, Esquire Date: 1/6/11 T/C,jo? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. Q for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Key Equipment Finance (other) (Plaintiff) VS. S.A. Hurley Excavation, Inc. and Steve Hurley VS. (Defendant) 1{dNOTAR i N111 R28 Ali11. ; UMBERLAND COUNTY p EIgNSYL`JAN1A (check one) ® Civil Action -- Law ? Appeal from arbitration The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 7189 2010 Indicate the attorney who will try case for the party who files this praecipe: Richard W. Keifer III, Esquire Indicate trial counsel for other parties if known: Samuel Andes, Esquire Term This case is ready for trial. Signed:/? Print Name: Richard W. Keifer III Date: 3/23/11 Plaintiff Attorney for: afti 4 ? S 00 Pd adh?,- Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 KEY EQUIPMENT FINANCE, INC. 11030 CIRCLE POINT DRIVE, SUITE 200 WESTMINSTER, CO 80020 Plaintiff, vs. S.A. HURLEY EXCAVATION, INC 50 FRYTOWN RD NEWVILLE, PA 17241 and STEVE HURLEY 50 FRYTOWN RD. NEWVILLE, PA 17241 Defendants, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW No. 10-7189 CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of Plaintiff's Trial Praecipe was served upon the following counsel via first class mail on this date: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 By: ,-< ,, -Z. - Richard W. Keifer III, Esquire Date: 3/23/11 KEYSTONE EQUIPMENT FINANCE IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. S.A. HURLEY EXCAVATING, INC., AND STEVE HURLEY, DEFENDANTS AND NOW, this c o 3 ?w s,. r 10-7189 CIVIL TERM ORDER OF COURT w day of April, 2011, a non-jury trial shall rn ?rn Sd r -,rn w? commence at 8:45 a.m., Friday, June 17, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. /Richard W. Keifer, III, Esquire For Plaintiff "/Samuel L. Andes, Esquire For Defendants Court Administrator -in bon 0'PICS, 1s1o6 :saa r , KEY EQUIPMENT FINANCE, INC. 11030 CIRCLE POINT DRIVE, SUITE 200 WESTMINSTER, CO 80020 Plaintiff vs. S.A. HURLEY EXCAVATION, INC. 50 FRYTOWN ROAD NEWVILLE, PA 17241 and STEVE HURLEY, 50 FRYTOWN ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?J ?- NO. 10-7189 N) = h.. -T7 t ORDER FOR ENTRY OF JUDGMENT AND NOW, this day ofG A , 2011, upon the written stipulation of the parties submitted this date, we hereby enter judgment in favor of the Plaintiff Key Equipment Finance, Inc. and against the Defendants S.A. Hurley Excavation, Inc. and Steve Hurley, jointly and severally, in the amount of $60,000.00. The Prothonotary is directed to enter the judgment on its records. Distribution: BY THE COURT, J. Richard W. Keifer, III, Esquire (Attorney for Plaintiff) 923 Fayette Street, Conshohocken, PA 19428 Samuel L. Andes, Esquire (Attorney for Defendants) 525 North 12`h Street, P.O. Box 168, Lemoyne, PA 17043 ?d O"Pies nr8 Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 KEY EQUIPMENT FINANCE, INC. 11030 CIRCLE POINT DRIVE, SUITE 200 WESTMINSTER, CO 80020 Plaintiff, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW No. 10-7189 vs. S.A. HURLEY EXCAVATION, INC. 50 FRYTOWN RD NEWVILLE, PA. 17241 and STEVE HURLEY 50 FRYTOWN RD. NEWVILLE, PA 17241 Defendants, STIPULATION FOR ENTRY OF JUDGMENT AND NOW, this Day of May, 2011, Plaintiff and Defendants, hereby stipulate as follows: (1) The Court shall enter judgment in favor of the Plaintiff and against both Defendants, both individually and jointly and severally, in the amount of $60,000.00. (2) Plaintiff and Defendants have both agreed to the terms of this stipulation and had the opportunity to review the stipulation with their attorneys. Erica Ellis S.A. Hurley Excavating, Inc. Key Equipment Finance r Steve Hurley COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TBF FINANCIAL, LLC Plaintiff vs. S.A. HURLEY EXCAVATION, INC. and STEVE HURLEY Defendants : No. 10-7189, ` zc < r r -e, r CD N, : CIVIL ACTION--Ic ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, TBF FINANCIAL, LLC , in the above - captioned matter. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 • tOURT OF COMMON PLEAA?It.E6IiJayIrBIaMitdOUNTY, PENNSYLVANIA KEY EQUIPMENT FINANCE, INC. CD Plaintiff No. 10-7189 c=3 Vri ern rn 73 0 Zor- Oi z VS. S.A. HURLEY EXCAVATION, INC. and STEVE HURLEY CIVIL ACTION Defendants ....T.,. CD TN) 40... CAD PRAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: For value received, on June 18; 2014, Plaintiff Key Equipment Finance, Inc. sold, transferred, set over and assigned all of its right, title and interest in the judgment, debt, interest and costs in the above -captioned matter to TBF Financial, LLC pursuant to the Bill of Sale and Assignment attached hereto as Exhibit "A." Accordingly, the proper legalMaintiff in this matter is now:TBF Financial, LLC, 740 Waukegan Road, Deerfield, IL 60015 and we ask that the docket be marked accordingly. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff Wayne Richard 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 lo4 C/A 3Sc,Lf &)1) gS6 ae BILL OF SALE AND ASSIGNMENT Key Equipment Finance Inc., a Michigan corporation ("Seller" or "Assignor"), hereby absolutely sells, transfers, assigns, sets -over, quitclaims and conveys to TBF Financial, LLC, a corporation organized under the laws of the state of Illinois ("Assignee"), without recourse and without representations or warranties, express or implied, of any type, kind or nature: (a) All of Assignor's right, title and interest in and to the Judgment entered on July 22, 20] 1, and known as Case Number 10-7189, Court of Common Pleas of Cumberland County, Pennsylvania (the "Account"); and (b) All principal, interest or other proceeds of any kind with respect to the Account, but excluding any payments or other consideration received by or on behalf of Assignor prior to the Cutoff Date (as defined in the Agreement, as defined below) with respect to the Account; and (c) All of Assignor's right, title and interest in and to any Equipment leased under any Account Documents evidencing the Account. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated July 29, 2013 (the "Agreement"). The Account is defined and described in the Agreement and is being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of New York without regard to the conflicts -of -laws rules thereof. DATED: <,S1,3 rvp I i , 2-)1.9 SELLER: Key Equipment FinaiRce Inc. By: Name: R.ed (\O , . , t e.ck., Title: STATE OF 40/00do ) COUNTY OF . {� J� !% ) ss. _ This.Bill of Sa - z .wledged before me on the isedlay .of :Dile was ackn o l behalf of Seller. My Commission Expires: Notary Public in and for the State of -//-1f a/1( ( SARA J. BERTRON Notary F�i,I,rlc Stnto oI Colorado Notary ID: 20104000446 My Commission Exuirns Jan. 11, 2018 y Q EXHIBIT J _A___ a o) J Q