HomeMy WebLinkAbout04-4824
THIS IS AN ARBITRATION CASE
~iMENTOFDAMAGES HEARING
IS NOT REQUIRED
JAMES W. ADELMAN, ESQUIRE
Mail@morrisadelman.com
IDENTIFICATION #02604
MORRIS & ADELMAN, P.C.
PO BOX 30477
Ph'ladelphia, Pennsylv~niQ
(215) 568-5621
ATTORNEY FOR PLAINTIFF
Essex Crane Rental Corporation
1~103-84T7
Essex Crane Rental Corporation
1110 Lake Grove Road
Buffalo Grove IL 60089
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
'Hearn & Co.
9 Brenneman Circle
Mechanicsburg PA 17050
NO. 0 '-{. 1./ Y A 'i G..-J. T Lv-,
COMPLAINT
CIVIL ACTION
NOTICE TO DEFEND
You have been sued in court. If you wish to d,efend against the claims
set forth in the following pages, you must take action within twenty (20)
days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filim, 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 T,E:LEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE: YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE: MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICE:
cumberland County Bar Association
2 Liberty Av
Carlisle PA 17013
717/249-3166
JWA0917.4
1. Plaintiff is Essex Crane Rental Corporation.
is Hearn & Co.
Defendant
2. Defendant entered into and executed a written equipment
lease agreement with Plaintiff under the terms of which it was
agreed that Plaintiff would lease to Defendant specified equipment
in consideration of which Defendant was to pay rent. A true and
correct copy of the leasn~s attached hEreto, incor~orated herein
as if set forth, made part hereof and marked Exhibit "A".
3. Defendant accepted the equipment and incorporated same into
-i ts business.
4. The lease provides that the equipment remains the personal
property of the Plaintiff, reserves title to and a security
interest under the Uniform Commercial Code in the equipment to the
Plaintiff.
5. Plaintiff has performed the obligations imposed upon it by
the terms of the said lease, and the Defendant accepted delivery
of the equipment in good condition.
JWA0917.4
6. The lease provides that upon the Defendant's return of the
equipment, it is to return same in ~good condition, less
reasonable wear and tear" and upon its failure to so return it
'agreed to be responsible for all repairs to the equipment to make
it usable and rentalable in the ordinary course of Plaintiff's
business. Plaintiff's remedies are cumulative and may be
exercised concurrently or separately.
7. Despite repeated demands, Defendant failed to return the
equipment in good condition, requiring it to be repaired for which
Defendant has failed and refused to pay the cost of repair balance
TIue as per the rental agreement, although having maintained
possession of the equipment aforesaid and having obligated itself
to payment of any and all repairs.
8. Due to Defendant's failure to make payment when due,
Plaintiff went forward and had the equipment repaired in
accordance with the terms of the lease attached hereto as Exhibit
"A".
9. As a result of the foregoing, there is due and owing from
Defendant to Plaintiff the sum of $13,752.59, which includes all
costs of collection and attorney's fees of $3,565.48 in accordance
with the lease.
~~A0917.4
COUNT II
(Common Counts - Quasi Contract)
10. Paragraphs 1 through 9 are incorporated by reference.
11. On or before November 1, 2002, Plaintiff rented equipment
to Defendant at the times, of the kinds, in the quantities, and
for the prices set forth in Plaintiff's books of original entry,
true and correct c:)pics o.f ..,hich are :cr c"m ac; Exhibit "A."
12. Defendant received and accepted the rented equipment
shown on Exhibit "A," and benefitted thereby.
13. The equipment repair has a reasonable value of
$13,752.59.
14. Defendant received the benefit of the use of the
equipment from Plaintiff, and would be unconscionable for
Defendant to receive those benefits without making restitution to
Plaintiff.
15. It can be inferred from the acts in the light of the
surrounding circumstances that Defendant implied that it would pay
Plaintiff for the repair of the rented equipment.
J"V'JA0917.4
16. Under the circumstances of the cas,,,, the ordinary course
of dealing and the common understanding of men, there is shown a
mutual intention by Plaintiff to rent and Defendant to pay for the
.rental of the equipment and any repairs thereto.
17. Under the circumstances, the equipment was delivered to
Defendant under an implied promise to pay the rentals and repairs.
18. All conditions precedent to the present action have
occurred or been performed.
19. Defendant is liable to the Plaintiff in the sum of
.$13,752.59 under the theory of quantum valebant, quantum meruit,
quasi contract, implied contract, goods had and received, and/or
unjust enrichment.
WHEREFORE, Plaintiff claims there is now justly due and owing
by Defendant the sum of $13,752.59
6% from
November 1, 2002 and costs.
, ESQUIRE
Attorneys For Plaintiff
Post Office Box 30477
Philadelphia, PA 19103-8477
(215) 568-5621
>MA09i?4
09/13/2004 08:07 55
JAMES W ADELMAN
PAGE 03/03
YERIFICATION
~ Eo (YlUtfO,J , states that he/she is ~ep(f rflMftG,EP..-
of ~<;a: tl~E- 'REN71l1- ~
and that the facts set forth in the foregoing ICbrt/pL/T/N(
are /rue and correct to the best of his! her
knowledge, infonnation and belief, and that this statement is made subject to the
penalties of 18 Pa C.S.A. 4904 relating to UI).Swom falsification to authorities.
~~~
Dated:
9-/lf--ot
I
I Lease # LS/001419
ESSEX CRANE RENTAL CORP.
EQUIPMENT RENTAL AGRI:EMENT
This Agreement is made this
30"
day of March
2002
by and between ESSEX CRANE RENTAL CORP.
1110 Lake Cook Road Suite 220, Buffalo Grove, IL 60089
party of the first part, hereinafter called Lessor, and
Hearn & Company 9 Brenneman, Mechaniscburg, PA 17055
Dave Kieffer
party of the second part, hereinafter called Lessee.
WITNESSETH: That in consideration of payment hereinafter provided, Lessor and Lec.see'agree as follows:
1. EQUiPMENT LEASED: Lessee hereby leases from Lessor for use at or near
Hearn & Company Canaan FBOP RR2 Box 2020 Waymart, PA 18472
hereinafter called "jobsite," all Equipment herein named and identified, which throughout this Agreement is designated in
whole or in part as "Equipment". Each article of Equipment shall remain in possession of Lessee and neither this
Agreement nor any part thereof shall be assigned. Nor shall Lessee offer the Equipment rented hereunder to be used or
possessed by any other person, finn or legal entity without the prior written consent of Lessor. Nor shall said Equipment
be used in the perfonnance of any work by Lessee other than that specified herein without Lessor's prior written consent.
Lessee further agrees not to remove any EqUipment COvered by this A\Jreement out of the county, state, and jobsite
specified above without the prior written consent of Lessor.
Vie
THE. EQUiPMENT:
(1) Manitowoc, 777-11, 175 Ton, 1998, LC
LC-M-7771 023
VALUE:
$1,000,000.00
2. SPECIAL CONDITIONS: The lessor will supply a serviceman, upon request, to assist in the assembly and/or
disassembly of the equipment at a rate of $75.00 per hour, per eight (8) hour work day. Overtime charges will apply.
3. RENTAL RATE: The bare monthly rental rate is: $14,500.00
4. MINIMAL RENTAL PERIOD: One Month (30 Days)
o.K:
5. THE RENTAL PERIOD: Begins as a bill of lading approximately 4/'1/02 and ends when lessee has completed usage
plus 3 workdays for loading out on carrier of Lessor's choice provided paragraph 4 is complied with.
Prior to the end of the Rental Period. Lessee is required to give written notice to Lessor at the above address by fax or
mail of its intention to terminate the instant Lease at least twenty (20) days prior to tennination date, Such written notice
shall not relieve Lessee of its obligation under Article 4 hereof.
6. TRANSPORTATION: TRANSPOhfATION IN AT AN AGREED PRICE OF $OO.lJu AND LOADING OUT ON CARRIER OF
LESSOR'S CHOICE TO BE BORNE BY LESSEE. TRANSPORTATION OUT AT AN AGREED PRICE OF $6,375.00 TO BE BORNE
BY LESSEE. FREIGHT IN MUST BE REMITTED WITH SIGNED CONTRACT.
Transportation: Lessee will arrange for and pay all shipping and freight from the shipping point to the jobsite specified in
Article 1 hereof and returned to the return point, including but not Ilimited to, demurrage, unloading, assembly,
disassembly, load-out, handling, packing, crating, documentation, import and export clearances and transportation. Since
the out-bound method of shipment may differ from in-bound, required load-out procedures may vary accordingly. If
shipped via barge or vessel, or if the Equipment is loaded for use on board a barge or vessel, Lessee shall furnish to
Less.or, prior to shipment of the Equipment, Certificate of Marine Trip Carllo and loading and unloading insurance to the
stated value of Equipment specified in Article 1 hereof. Lessee shall inspect and inventory Equipment and obtain from
delivery carrier written acknowledgement of any loss or damage to Equipmont.
7. PAYMENT: Lessee shall pay rent for the Equipment at the rate specified in Article 3 hereof and payment shall be made
monthly in advance at the office of ESSEX CRANE RENTAL CORP.
a) Monthly rental rate shall not be subject to any deductions on account of any nonworking time in the month or
back charges for repairs or maintenance of any nature.
b) After the Rental Period specified rent will be payable at the rate of 1/30'h of the monthly rate for each calendar
day.
c) If the payment is not received within thirty (30) days from the ,:late of the invoice, then a finance charge of 1
%%.per mon!h (18% per:mnum), or Ill" maximum allowed by law will be charged. and all payments will be
first applied against repairs and transportation items.
8. CONDITION OF EQUIPMENT AND WARRANTY: Lessor hereby agrees that Equipment is shipped to Lessee in good
serviceable condition, Lessee shall examine Equipment promptly upon delivery and notify Lessor in writing within twenty-
four (24) hours of any evidence that Equipment is not in such condition. Lessor shall then have a reasonable time to
replace or repair Equipment during normal working hours. Should Lessor be unable for any reason (other than as a result
of any act or omission of Lessee, or any event beyond the control of Lessor) to repair or replace the Equipment within
such time, Lessee may terminate this Agreement [only upon written notice to Lessor at least twenty (20) days prior to
termination date]. THE FOREGOING IS THE EXCLUSIVE AND ENTIRE WARRANTY GIVEN IN CONNECTION WITH
THE, EQUIPMENT, AND SUCH WARRANTY AND/OR THE REMEDIES STATED IN CONNECTION THEREWITH ARE
GIVEN IN LIEU OF (a) ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PAR.TICULAR PURPOSE; AND (b) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF LESSOR FOR DAMAGES,
INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES
(INCLUDING WITHOUT LIMITATION CLAIMS OF LOSS OF USE, BUSINESS INTERRUPTION OR COST OF
ACQUISITION OF REPLACEMENT EQUIPMENT), ARISING OUT OF, OR IN CONNECTION WITH, THE RENTING,
MAINTENANCE, USE, OPERATION, STORAGE, ERECTION,DISMANTLlNG OR TRANSPORTATION OF THE
EQUIPMENT. LESSOR SHALL IN NO EVENT HAVE OBLIGATIONS OFt LIABILITIES FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LESSEE AGREES THAT LESSOR WILL NOT BE LIABLE FOR ANY LOST PROFITS BY LESSEE OR ANY OTHER
PARTY.
9. USE OF EQUIPMENT:
(a) The Rental Rate stipulated above is based on single shift operation of eight (8) hours per day, forty (40)
hours per week, and one hundred seventy-six (176) hours per month.
(b) Use of Equipment during storage will not be permitted unless authorized in writing by Lessor.
(c) Equipment is to be used in accordance with the written specifications of the manufacturer.
(d) The Equipment shall be used only as a hook crane, unless otherwise specifically provided in Article 2
hereof, and shall only be used within its rated capacity bas,ad on the manufacturer's capacity charts. See
under Special Conditions.
10. MAINTENANCE AND OPERATION: The Lessee shall assure that the Equipment is not subject to careless or
needlessly rough usage, and Lessee hereby agrees to employ competent, experienced persons to operate and maintain
said Equipment and shall at its own expense maintain the Equipment in 'good operating condition, well greased, oiled,
cleaned and repaired, and shall return it to Lessor in such condition. Lessee shall have the duty to inspect, test, and
certify at its own cost, that the Equipment is in accordance with specifications and is fully operational and free from any
and all damages and/or defects. Any damages and/or defects shall be reported to Lessor immediately. Failure to notify
the Lessor immediately of any damages and/or defects shall be deemed an admission by the Lessee that the Equipment
is fully operational and free from damages and/or defects. In the event the Equipment is rendered not serviceable through
accidental and/or negligent damage by Lessee, the rental shall continue until the Equipment is restored to serviceable
condition, and all costs for accomplishing the repairs shall be paid by Lessee. When Lessee and Lessor (both the parties)
have prearranged for Lessor's service personnel to work on the Equipment, Lessee shall make the Equipment
immediately available to Lessor's service personnel upon their arrival at thla location of the Equipment, and if the service
personnel are required to wait more than two (2) hours by Lessee, than Lessee shall be responsible for payment to
Lessor of standard hourly charges for the additional waiting time. Lessee shall be responsible to steam clean the
Equipment after its use thereof is (;ompleted. Lessee shall pay special attentlun toward cleaning and protecting the
Equipment when working the Equipment at a location where destructible chemical agents are present in the atmosphere.
Lessee shall be responsible for this protection and to clean all corrosive agents from the Equipment, and restoring the
condition of the metal and paint on the Equipment prior to returning the Equipment to Lessor. The fact that Lessor is
aware of the type of project and that chemical agents are present in the atmosphere does not deem this type of
destruction to be classified as normal wear and tear.
11. TAXES, DUTIES, TARIFFS: Unless otherwise provided herehl, Lessee agrees to pay personal property taxes
imposed upon Equipment at the place or places at which Lessee agrees herein to keep Equipment. All other taxes, as
well as assessments, duties, import tariffs, licenses and license fees, including but not limited to those regulating to
Equipment, its use, operation, transportation or storage, or to the making or performance of this Agreement, shall be paid
by Lessee. Lessee shall promptly provide Lessor with documentation, including but not limited to, tax receipts, evidencing
that all items, which are the responsibility of Lessee hereunder, have been paid. The lessee shall promptly provide a Tax
Exemption Certificate, where applicable.
12. COMPLIANCE WITH LAWS: Lessee agrees to comply with and conform to all laws and regulations of any
government or public body having jurisdiction relating to the maintenance, use, inspection, operation, storage, erection,
dismantling, servicing or transportation of Equipment. Lessee agrees to assume full responsibility, and indemnify and hold
harmless Lessor for any and all losses, damages, expenses, fines, forfl~itures, seizures, confiscations, and penalties
arising out of the violation of any such laws and regulations. In the event that any law or regulation shall require the
installation of any additional Equipment or accessories, including but not limited to, safety devices, or if any modification to
Equipment is required by law or regulation, Lessee agrees to pay the full CClSt thereof, includin.g installation .expenses, and
!.he cost of restoring Eq"-lipment.to it'"' vriginal LlittfiguratiOH, irreq-uireif byCe,ssor:
13. LOSS OR DAMAGE: 13.1 All risk of loss or damage to Equipment, regardless of cause, including seizures and
confiscations of Equipment, during the term of rental or while Equipment is in the possession, custody or control of Lessee
or its officers, employees, affiliates or agents, or during transportation of thl~ Equipment, shall be with Lessee and Lessee
agrees to return the Equipment to Lessor in the condition in which Lessee received it, free and clear of all liens and
encumbrances.
13.2 In the event of loss or damage to Equipment, regardless of cause, rental payments will continue to accrue until the
Equipment is repaired by the Lessee and accepted by Lessor, or in the event Equipment shall be adjudged by Lessor to
be lost, stolen, destroyed or damaged beyond repair, payment in full shall be made to Lessor by Lessee for the stated
value of Equipment. No rentals paid or due shall be applied to payment of the loss.
14. INSURANCE AND IDEMNIFICATION: 14.1 Lessee shall, at its own e:<pense, obtain and maintain during the Rental
Period or while Equipment is in the possession, custody or control of Lessell, its officers, employees, affiliates or agents, a
standard contractor's Equipment all risk, coverage with boom and overload (including on intemational rentals, war,
political and similar risks) floater insurance policy satisfactory to Lessor to protect the interest of Lessor, naming Lessor as
an additional insured to the total amount of stated value of Equipment as set forth in Article 1 hereof, and shall, prior to
delivery of the Equipment, furnish Lessor with evidence of such insuranc:e, including an insurer's certificate that such
policy is in effect. Such insurance policy shall not be altered or terminated without the prior written consent of Lessor.
LESSEE'S INSURER
EFFECTIVE DATES:
POLICY NUMBER
14.2 To the fullest extent permitted by applicable law, the Lessee shall assume entire responsibility, liability, defend,
indemnify and hold forever harmless Lessor for all damages (including purely economic loss), or injury of any nature
(including death) to persons and property, including intangible property, as well as expenses, penalties, legal fees and
costs, arising out of, or in any manner relating to, or occasioned by, the operation, maintenance, handling, inspection,
storage, erection, dismantling or transportation of Equipment during the n~ntal term or while in possession, custody or
control of Lessee, its officers, employees, affiliates or agents, regardless of whether the same were caused, in whole or in
part, by negligence of Lessor. Lessor shall not be liable for any loss, delal' or damage of any kind or character resulting
from defects, inefficiency or accidental breakage of the EqUipment hereby leased. Lessor shall not be liable for delays of
carriers in transporting the Equipment or for delays resulting from strikes, labor disputes or refusal of its employees to
cross picket lines, or from any other contingencies beyond its control. In jurisdictions in which the indemnification provided
for in this Article is broader than that allowed by applicable law, this Article should be interpreted as providing the broadest
indemnification permitted and should be limited only to the extent necessary to comply with said law.
14.3 Lessee shall include the interest of ESSEX CRANE RENTAL CORP., as an additional named insured under
Lessee's General Liability, Excess Liability, and Automobile insurance poli,;ies with respect to the Equipment during the
Rental Period and transportation of the Equipment with minimum liability limits of $2,000,000.00 per occurrence, and
Lessee shall furnish Lessor with a certificate of insurance. Such liability coverage shall not be altered or terminated
without the prior written consent of Lessor.
LESSEE'S INSURER:
EFFECTIVE DATES:
POLICY NUMBER
i;SS~~~~RP
TItle ~u. Po IX
Witness (01up _ ,,)
State of ~d(u 1:.\J 1\ 0
15. TITLE: Title to the Equipment snail be at all times vested in Lessor unless lransferred by sale in writing signed by
Lessor and Lessee. Lessee agrees to keep the Equipment free from all liens or other encumbrances. Lessee shall give
Lessor immediate written notice if Equipment is levied upon, or from any cause becomes liable to seizure. Lessee agrees
to protect Lessor's interest in the Equipment while it is in Lessee's care, possession, custody or control, and during
transportation.
16. DEFAULT: 16.1 If Lessee violates any term of this Agreement or fails to keep any promise or agreement made
herein, including but not limited to the happening of any of the following Elvents, Lessee shall be deemed in default and
the Lessor may exercise and enforce any remedy under this Agreement andlor under law:
a) If the monthly rental rate, or any part thereof, is unpaid by Le,ssee for more than five (5) days past the due
date specified in Article 7 hereof;
b) If Lessee becomes bankrupt;
c) If Lessee fails to maintain. operate, or insure the Equipment as herein required;
d) If, in the opinion of Lessor, the Equipment is being abused or neglected or because of labor disputes or any
other conditions, the Equipment is in danger of being lost or damaged, levied upon or subject to seizure.
16.2' The foregoing events of default should not be construed as an exhaustive list of defaults which entitle Lessor to the
remedies available hereunder or under law, and if Lessor does not deClare' Lessee in default or chooses not exercise or
enforce any right or remedy under this Agreement or under law, the same shall not be construed as a waiver of any
default by Lessee and Lessor will still have available all of those rights and remedies and may exercise and enforce them
in the future.
17. LESSOR'S REMEDIES: If the Lessee is in violation of any term or provision of this Agreement. in additir10 to any and
all rights and remedies availab.le to Le~~or,'mf\er"aw;Less()r 11'\;;;)',7n'its disi:retion, exercise and enforce anyone or more
of the following remedies:
a) Lessor may terminate the lease, take possession of the Equipment and recover from Lessee all rentals then
due and accelerate and recover from Lessee all rentals to bec:ome due during the Minimum Rental Period
specified in Article 4 hereof;
b) Lessor may recover full damages for any injuries to the Equipment, including all transportation expenses
incurred in returning the Equipment to Lessor, all expenses for service, repair, and cleaning of the Equipment
to restore it to good serviceable condition;
c) Lessor may, in its discretion, remedy any default or violation of this Agreement by Lessee. including but not
limited to, procuring the insurance coverage required under the Lease, making payments for any fines,
forfeitures, seizures, confiscation and penalties arising out of the violation of any laws and regulations, and
making payment of any sales and use taxes, assessments, dut.ies, import tariffs, licenses and license fees,
and then recover such payments from Lessee, and any rentals paid by Lessee shall be first applied to said
expenses.
d) Lessor shall have the right at any time to enter the premises occ:upied by the Equipment and shall be given
free access thereto for the purpose of inspection and shall be entitled to take pOssession or remove all or any
part of the Equipment without legal process at any time at Lessee's expense.
18. INSPECTION: Lessor shall make an inspection upon return of the Equipment, such inspection to be at Lessor's
expense. Any loss or damage to Equipment shall be listed and notice thereof supplied to Lessee within thirty (30) days
after retum of the Equipment to Lessor.
19. VENUE AND APPLICABLE LAW: This agreement and all actions arising herefrom shall be governed by the
laws and venued in the state of New Jersey, Alabama, California, COlolCldo, Florida, Texas, or Illinois In the sole
discretion of Lessor.
20. ATTORNEY'S FEES: In the event that any suit, action, counter claim or pr,oceeding is instituted to enforce any right or
remedy granted to the Lessor herein, Lessor shall be entitled to recover from Lessee its costs and disbursements
incurred, including reasonable attomey's fees.
21. ENTIRE AGREEMENT: This Agreement constitutes the full agreement between the parties hereto, preVious oral
and/or written agreements being null and void, and it is not subject to modification or alteration except by writing, signed
by the prinCipals executing this Agreement or their successors.
WITNESS: The parties hereto set their hands on the day and year first written above and by which Lessee acknowledges
the receipt of a signed copy of this Lease.
22. This agreement and the Chattel Paper represented hereby is subject to the security interest of Heller Financial, Inc. (a
GE Capital Company) as agent (the "Agent") to the lenders (the "Lenders").
LESSE,E:1, /' M. '<' /
By (~D'7~
Title 1'12 W NAbfJ?.
Witness
State of C::WN' _' .
Individual
Corporation
Invoice No:
INVOICE
01/004533
PO No:
Bill To Address:
Ship To Address:
HEARN & COMPANY
Dave Kieffer
9 BRENNEMAN
MECHANISCBURG PA 17055 USA
HEARN & COMPANY
Dave Kieffer
9 Brenneman
MECHANISCBURG PA 17055 USA
Invc)ice Date:
Order Location:
Pay To Address:
11/1/2002
Essex Crane Rental
PO Box 828648
Philadelphia, PA, 19182-864.
100204
Bill 110 Customer No:
Rental Period:
Work Order:
Eqp No:
Lease No:
W001745
LC-M-7771023
LS/001419
No Item . Description
MILES Truck Miles
2 REP Repair
3 TRV Travel
4 46895 Filter, Air
5 366113. Computer - Program
per SIN
MI
.JJQjI,l._,."",.Qt~ ,. "';);"0" -.r.." 'Ch'arge .
Value
825.00
HR
28.00
HR
16.50
EA
1.00
EA
1.00
Document level
T -BASE
Rate
0.00
0.00
0,00
1.00
825,00
0.00
0.00
0.00
75.00
2.100.00
0.00
0.01l
0,00
40.00
660,00
0.00
0.00
0.00
132.43
132.43
0.00
0.00
0.00
5,893.05
5,893,05
Sale,s Tax
576.63
Freight:
0.00
NOles: REPLACE CRANE COMPUTER
DAMAGED BY LIGHTNING.
Nel Invoice Value: 10,187.11
( USD Ten Thousand One I-l'undrerl Eighty Seven Point One One)
Dale: 4/24/2003
Page: 1
El2/24/2ElEl4 15:18
. 2El56635125
ESSEX CRANE RENTAL C
PAGE El2/1El
El8/El~J~0El1' lEl'34 4912422 INN AT HUNTS LANDING
-::;'.r__~.: . ~I.~s~,j: (, 1':lIH' \"u1'l, \ 'l'th'I' Ih~VOl'lIH~
r:.!:..~'!;~J.~~.~.~4If$[.1,,"Y~..... l~lI~.I;'.'.~':'..!:(!.~:_Mr",,,,,...',::,,,,,,,:,"~=,",,,", 1'''1'' ~J:~,;.q~~.-
/I,"..",,,,,,.r: """'''''It'' ('Ii{lr'''''','~il'' t. 'lOll .n....}!..2:_ '~._._..._._.
r:%&:J7....J".~..~._..... ~,_. ,.. ....... li!'l.A".".J"~'.r.s, . ,..-:..
C!lrl":I\'I'~ /\,ldtL'~i:.t ...' _.. OM" o. , ....... .. ..._ 'M' .... ...__._.______..._.__.__..
I 1<'lIltl':"C"i: . __, _._..__.._. __._
I '" ....__.__............, . ...... ..............U____.._.__._
l.l,ow;',':l.,>...-.P.P..J..W-5__ ~,".I\I "'.7..71_1&?.'-3. ..... M,."",.'ll..cri,,!i.>n; _'1. 7'1
If L:ln.,!\,:. ~~\>l ...._._...___.... ,,',' ..,",_._ ...... 11~~lr Mt.~~~ t':::i\~lii"IJ: ..~.~~~
--_._,......--~.......,.. ...._._._._.............M...._.___~_._.....4.""..._.___.__________
PAGlO i!llfell
~"'_.w
""" I, )\"'1"<"'"'' ,.J3-4.o~JE!. -lM!.i1:'#..o.I.4,r::.A.._C/J...Al.T..JJ.'.J..L-Jd./S.ll.I):UJ;.~.....~__
.,....f:..O,.4'l)9.r:.JD--.J:-...)..J09V/.i,...:r..(J....S/.i.W.t:.,J;J:,I6-.,i.N.JLo-'5.J&._T..a,...SDJ.I.;!--'T.I:l.J:..J,__
....M ........~__~___. _... ....... ..._.......__. ...... .__~......... ....__.__... ......" .,..... ~..._....__
"M'_'M'___._~.. ....... _.__ __...._._.. . .......~.____.. "..... .."....._._~____... ......._.....__....._.___.._M._~.__.____.
.......---........-.--....... _.-..._&~.............. . ".M M._'.... ....."......._..._... .... __._...,............._..______..................._.._
'\'url. hl'f'"'I"\"'!:...a;l...:l'..rJi~1t. .I?J;.M.)!'.:O: ...[.l!LJ!;&l."^~"Je"'J:.,pft,'3!.i!JJ:M~_O. r9 NO
---J:2J!9..~..kJU2>......li. a,. I. ...1:3.0. MJ'/.V... .J.'5.k.K.NE..o. ..__
..-..Jtl.Jt!J..l9...1J,J:./o..1.TJ.,y....J.v.J1,S._..:;U:4t-.1.tJ.:s...J1Y-,,_ J ' 1
r . .;
,
- L':'6;;.I~6-
.....-.,.---....- .,......--..-...-.,,_.,.._.. .. ...M.M"...... ..._........_..,...........______..__.......__.___... ___
-C)mJ.J:XE.l2.._bJJ!.ld...C.O'4?/~U..r.gjL...__._._.....__ .._.".____
I~.,:,~~:j;;;;;-,;in ~'''';.:;;':i:;'i:;:;:~'';-;;.;'a''''l:;;;;''.''''''-''-''-~: llll:1 ,,' ;1" "1
.../J:~...,u; . ... ~.. ....-;. .-,,e:-.c", ,1l.~lr I "I'll.
"";f;~!;""_.----..Trj~;-'l:-S'-._..-.......... ... . .-......c;;-i;;;;;;~.;,~_._--_.............._-. :s:r-"i,.r-i:5~Qnf. 1!i1!nl,;1 t
L'1r~;::';;i"---'.''''''--'I"-'z:.''-'-!'.'''' -..--........ ........--.." _. .........-...... ...._.__...._....."':,..11__ -"-~~r"i
ii('f-;:[i:,'--.._--.... .........1-..,..-- --.....-.....---.......-.....-.-.......----.--..I,~-_- .'._1_ ,
.....j~i~,~\.iiM._.__._. ...-.........l.-.........-M ... ,.....-.~._..,'-....._._,..-...._-_.......--,....----l . ~ ..........,--~_.,
'~~r;~.===: ::3..~J.EJ.ii!C."k/~k.$L,cOiifiijl-:S;'irM ~--:C. :=:~~Z~:"i
"'II'I:tl:'lll',l-,:".. . I I l---l
:iii:c<i'i.:;ii.--...........I--.... ")'-..... ..- -..... . .. . ..,... .....-..........-.......----;-.- .--- - ---. ....-I
i.,;~i;f...--'--t....._........_.. "..... .. ...-..-........ -..--.._-....---.._.-.i~.- ....--.-...J
RCli\iilil---.....-.'-..--....,..-...........-........- --......... , ... .--......._I--L-...- '.'. .___1
..'--.-.--=-...-:--]-.........-.............. . ..-......-...., " ...--t--1---I--=i----..----..J
,I!~ut:"ll'l~'~ i~~'J(l!:' . ; I
-:'r-'-'I;-"""-- ...........]....-- ............... ......-.- --- .______~_..-=I---. 'n__...__
... ~mll. .fllt . _..... ._~
LJ~I'L:::~-' :::::..~~:.......::'..::.:..:..:.:._:~~~~__._:..::-::-~.::_.==:.~___ ..__:c.;E "'~2-J
J~:"'l.~ Ht;!cd"Ctllllltl Ulictl (,111 W,,"J. (In'.',.
; L:i-;;:ttr--'''-p~~Mili.~';;lil~i;~i'-'_. ~. "MO'"'''' ......~_..--!",:~i;'.:~T:,.;r-r("jii:-.....:-t) ~..rJTb:ui1~i.ile~~t.\.-1
I j I 1.1",01 I (~:J'!c' [1\"'01. I h....--::'i.!!""'.. _._J
1-.... =l"'-'-" .-..-.. .....---.....-.-.......-..-.... ~---.....". . -.--.-.1. --l~~I;I',~!u'l ~
::-...- f.-..........--........... ..............,---....... -.T--......-l'.-j-._._~E!-._---.-_...._l_.J
~-~~': . ~~.:l.~.:~=~:~.~~..._:..~~:._:._~'.:.:..::::~..-::: ,..~.:::.~:.::: :3.:.~:~~: r=:;-::-~=--r-r== ---=-::::::-:: :='--j'
I:: ' -.. '. ..--... ......... .....J----.--.-..-l-I .-.-....-----.
.--.--......[..--..........-... ..-.... ,----.... ..-....- ...... ...1-._._ L.__.-I--_~Lj--j__._....._.._.,..__.._l
.....-.--..-.... --.-. ,..".._...._.MM.._......~.. ...- ....... ..... ~~. _.L..__.... ,,[,..--____.1__..,....1. . _..._L-....... ......._~.... _.....J
r~.~"~:~'r'f;~;~;,~;I~,;:;..1J!!:f.l!.!!~~.,'.,,!::._'~~~:!:.~,.:l.I!\i,~~i.!.fr\\i;~;!:;~~fJ~;'l-.ic."i;'.Ji:;;j1. w"l N I if!:iZ"iV;;i;; l'.uo" i
I I ('a!1. C",I,'. Ii , ! l'C;r,;"i,I;:.',;t' I
1--'--'-""'-'-'" '--."- .......... ..--.... ..1-...... ..:.---- . -- I i Ta."llrrl'llli':j---.J
..---.----".......--..--.......... ..".. . .~-~... . ,--1.-... -_..,__.:.:..___~..._..:~I~}:--.=:=-.:...:.=I
"""-1 -.....--.....-.--....,-... .-.. ....... .J. I I ]: I ,
::'Mtc ~ TI~lltlt-:.l)I! ~ I~.':, 1';'!:.C';:-~'.IIl'l: 1:11.1{;jiillr:.iffCI.:(:~;i;;::jllil:"~\;-;.:P:-..!~...._-u.... _._.____""
.l\!:l'I:L'lllJll "'l~"', ~~I:uli:lt\ "1.11, i~.,..I.hlll,II' i~l', ~l1"n'Ir'''''~ H'i.";.~'ll(... UJ. ':,.'IIl\~IIl::Ir.'" C:i .
V'.:1Illl'~:"l:~ ~11:.':lII'IlI'I~1 L',,?' 1" L. /....-.. J.. '/A _ _ I'
~~~ ..1:~1Ill:!el.IS!I.!nr.l111'C:_.'..._n_M.___._
~h.h:! -~...:J.-..,tJ..~'J " '.r~i(\j1hrlllc:,
~ -------
l)n!l':
02/;14/2004
15:18
2056635125 ESSEX CRANE RENTAL C.
,f~,o.\ (:"11110 Wo"li ()"Ilcr Jtcpurlil1.~
\\'111"1< Onl".. Ii: tJP/ID_."-' '..r;: ..__ C'''HIIIII''' I'() I:: .. "'_'" ____ Dllt.: ~."j[':;:..?=U"_
r;::~:;:~~;~;--~~..,':;~o'JI:'7""-"""..""'~~!~:,:::.~/-"JL1V _~ vJ.g I
It'" (3.Cr.;L8.n...._._...__....., ..,.-.. ._~~.
I Ctlr.lunl:.:r's AcJdl'c1i!;; _._..__.........; ". ....., _....._w..._..~______.__............._
(oollllll\,o<l):
.._..... 'R . ... _.._..... ___.______
Len,c il:~.J:iD.JJJ,d.... S,,'ill! 11:::Z-7..1J.~3-._ M"d.,VDcocr;pl:olJ; 777
I I.'.:"I'I"Y"<: t3-.~.!...r:..I:J(fA!:,!__9_'r?.ff!. I I'll" Moler 1'...<liIlU: _3~ $').::Z
Wu..IlI~CII""$t.d: ..J3.fJ.~_.~.. ._.W.J::T-.t.I-DI4.J~.N.OJ..e:.... r'1~~N9
----------....--.......--...........-.-...--
...-...------.......--.----......-..
..~......_.-..............._. .--.....----............--...----.-----..-....---.....,....
---'-'--..
-.--.......--.......-.............-----
Wol'I, l'.rr"'.I\1"II'~>>.JJt.iJ:,[6=-E.f.E/' ,&:L.i!2t......S.Y__>r J:k)
--
..
, .;<.....><!"
------~--_.__.."----~---_._- --'.'-'..-.-..
~.. ~.-., .-
',-, ~~ ......
..
-_...~-._---_._-------,... ,~_._..----
.--..---.-..-.....-.....................-.- ---.... . ....-...-.._~._--
---__.._.._..........u....-.-..__..._ _ _..._ _..._..........____
....--.----- ..----...-.-----....
I SIIIrl'/'JIIIO: ::t";"'~W.AL J,:"II'rilll"' -3.;..3.J!L)!J.t31 .
~~~~:~:-~I~Ji~~~~~~;~i..~::~;t~ ~=-_.___ ~-r
~G.:!:'J! .__~j_.______.__ ______._
. J,ig.n","" 7'"""f:-j-.--.---.--..---'-----_____
Rel!!!iL_~___l4,::1.i____._....._.__. _..._.______.
l'!P.i1J!~~.:.._ ._:~l.____.___...._____._..__________
Jn$))c~(i:."L__.__ __j._.____...._ " ..,... ._.......___~_,_ _
Londln ,__ __ _ ..........__... ..._______.__~_.__.__.._..__.
~~.~~:~~j{ojl:'i, =-1..-:~=~.~:~.==~:~~:-~==--.-- --
Co:!:".!''!!!!!JL___.I.__ ___..._._..___.._ _ ....._.__
TUlnl, --1-.._ ___....__. '__"'_'_'__' _ _........__.__
Vnt'U Ht'cch'ctllHUI Used Ull WI)l'Ii. Onl~'r: . .....~/
p';;';i~- .F;;;Tli'Ci.?;1j;iG;;;--..... ......... ------.-.-".ll~~.:-ITh.iI;~ IJ
L --.-----..~---_..~:~t~ It'''~~~
r~-~:---=::~-:::-~=--=~-:=r= .
~:.::=-=--=--::~--~=:- =--c::::t.-=+
DIlII\hlu I N'11II-
OT 1.6 on 1lIlill~l.
----...
.....-.....-
I
'----=--j
.===i
lr!'i!U r!'L1lt1 E".."x
Shll'C:1 .
WlltI't lir'(;jjj Cost
~-':""'--:=E.'
-"'-"-
-.......-
'.
.,
,
!i~!~.:!~,tt~"i..!:!~:L~~..t!!!S.!lli:~~~!.~I..1~~~s!~~rl l~~!h.r!...'12!r:l2!~~ .
~QI'\.I..IJ""I.II'II"n Ill" \~'vl"i, ~)",I:r r".., 1'0 II: II
--_.__._-..__.~.--.l-.--- --. .J-.
~ -------- m+~;:":-h
. '1"r:I\'I:1 M TR, l).it~.i.;pMjQn0ji=i:iQ~vl-;-;: I:/'I.~k~'!;,i~=kl!. !'-1:iTiij~T~t': .... !~M. .--
JII~"l\,:l;liull "IN, J.I,l~HII:Iu. IS: r,/l. ,li.l"alJlli/d 1.: IW. 1I1~U..unl'l' R~I.\I\jt... IN. C,,'jsullill!:'" ell
Etl1l,lllYCCSIl;UtltUl'\)1 .~~ CII:-I'IJIIl:I'Sll:llnflllt.t;
ll:lIC: r ~ 3_ t2.~_ rel.plum"
.....~---
If ffiJ riO'!IIt..m
. 1'0. TOlnl CO,'l
((UChllllng
T,\xc,slProllthfl
--'
DIII[.tl:
PAGE
05/10
a2/~4/2aa4 15:18
2a56635125
'ESSEX' CP.AI'lE P.ENlAL C
PAGEB6/1B
0S/0~/2e02 19;e4
3."35171
I-lOLXOAV lNN
r:..kss~x-C~ane
Primary Work Order Reporting
.-
."
- PAGE 15
Page 2 of 2
Wo.-k ONet'~:
hi OO(Z-J-I-L-CUr;tO......1; PO *:
nate:: >r- ~ _ n ~
I
I CUStom..r: .t.IP" Ion r> "
Customer' ~ Addc~ss: . - I~,' "'r" ....
CUltorner Site:: ~>" _0)'..1... ~ P All
=l
,
I
J")~
_:...2.~n...T.,.....t1:J_~ ,., ,il
('...,~...Gt:::.....:,.,- S.
(cootinuox!): 7,7 - /"..,., _ ];;99 0
Le=~, LS/fJlJ /t{~ Serlal#:I,~.~ 'I"?~IJ~~
I Em~loye": _ _ -' 'i ., 0"1
Work R..q....sted: /tR
Mocl_liD,scrlption:. = 1J 'J
Hour Meter R...din :
e "of! 4 j leJ-
Wo.-k l"err9.....ecl.: T "'l>. . ~.
7-:W
4"~""~"J-_~ ~ , (l?. 'O.-.,,,-t..."'2r" k!.o~ ,'_:-;--,,-_,_
!. ----
Sta~ Tim." 7! nr) 4;n./ End '1''-: "3' ~/J V7.n I SiU.......<: N".... I
. ,.
'):'aska HourfJ Commen.... . ".~'IO'r ".S ~ on .8jll..~.. I
Travel ~ ;.5/ '" ,/
- .-.
.l<.!g-t.[p 'a,"8 I ,.. + -
Rig-Dow" ..--+ , !
"
Repair "--==1
_Maint~e'.'. -. -- :... ... I ,
~~~~~,,!r-:~: '~~'.. I I
.,
I I. '.t\l::.:. , .. i=-- _ ,L" ....:~
I .:...cb~~i-p" '--.--=1..-... - ....- -.., j
Insl,Iran.:e R.~pair .. ...
Consultlng ,
, ...
Y8.\'d&'Shop Wo:k ,
,
--...... --"--1
Yard Rework -1. ,
r2-~nI Yard Maint _1 ~ '-:-1
Total: '>l-- , ..1 '/! 7-"-1
-
Part.l:tcc:elvecl end Used On Work Onl~ ~ -- :.-
P"rt# Part D.o.cription . QIY. TllSl< QIY B N It l::i2! f....... &."x
U...d Co~E" Rc'Vd. ~,
"'-"l>o:"" F.....m I Coot
I
-1
r- ,
; I
Non~x S..rvh:... Purchased aDd Re<:eiv...s ~ Slltlot,y Work Orde..:
&0.....1"" ..,csc:tipti.... Hrs W...... Ord... E4.l~ PO II: 'B N If .t:!ll1 fro", Essex
TIISIs Code'" 1"0, Tot,,1 Cost
(lndUCllhl! "l'O"""retcht)
. T....vel.. TR, l'.lg-Up... RU. Rig-Down -RD. Rsp.,;r-RE,M:aintenancc: -PM., r"opecticm -IN, LoAdina_ LD. Rebuild..
RB, r".u.....c.. Rep"lr... ;;J:i.SUhlnll. ~.J"P W"ck.. 10.'5. Yard Rcwoclc _ REW, Clo"......' Yard )1.1"1,,, .. G5N
Enap.oyec Si~ature: ;,..,..".1114... CustoJ:ne.:.:- Signature:
Date: ~-.3 -e> .2 T..lq>bone:
ESSEX COpy
Dste:
62/2-4/2664 15: 18 . 26566::15125 ESSEX CRA~E RENlAl C
.l~~:;.'x \.nlll" \\'(Jl'J( 'Jrllel' !<cpunmg
W"!~'..~!."IICI'~:..k.JpD.I~I_.[~~",=~..E~!!~.!!!.~~! il: _.=___-==__=_ Dllte: 1~_.J..?..:=Q..
PAGE El8/1E1
("USlllllll'r:
l:1J;'J9.lZN.._.. ""_'_.. ...... ';',,';1011:0' Silo: -kJ )!)JI..ai,t9.kJ:...jLj4
C!l~:OI1\'..;I"$ ,\\udrcw.;; ...__...__...,..~_,_ .._.__....__ ____w._._____
(~I.'IHinue\l): _......__. _......._ . PO w____..___.______
L""r.e 1!:LS.....al.J..v..1!L Sel'illlll:..27.11.a.j..3..__ M,'II,;VDeSCriplioll: '777
iilllJll,,)'c~: 8~ 1(.J,JJ6Y...i.t4~uil.J.!(_l.'ir'/(l1J 11')111' MOler fl.endinu: _35 .:2 7:-
.-.-----........."........--..............-...-.--
.
Worl: RCIIII 1'1 Il'd: .-X3Jttv.:l!2.J/.P-....JUf..:r.JI.9J4..L~JJJ1/,: C/'~~AJf1
--_._---------._.........__..~.....--_......._-_.__.
...........-----.-
--"-.--,..-.. ......-.....
..-..-----...."........---.---.---.-.----...--.---
-----.....-.....
.................---.....---------..-..-
...-.-
IVII!'I! l'Ol'f\ll""",I:..j? (~P~.;UJ.N.~_j;l. ~.,//!tt:J:!L1-- S)rCT'e.A4_
---
---,---~-..-..., :.......................... ..........-- -:-~:""'.!"":.":~~""!.,,~~'r"'~~:;a;,,~,~_~_
~.t.-,...-..-. .... ~
-_..-.._~-..._-....__......__._... .......-....--.....-.....---
.........-...-.......-.---.---
--------..---
---.............-.................-.--.....-------
SI"I.t'l'iIllO:~~ End')';Il'.' ..3..~..u
----~_..-.- -.- -C~"'";-
.lrnl'CI -[~ -i.o--=fPe_..). '" iZOi:.'i<L_
Rig.vp . __ .__._. _____..___....__________
RI.-OIl\\'11 ,-r- '.'"__'" .....____.__....____._
R~l1lr _._""~~.-..--.--_ __
1 Mnilllell:uu:c
~-._-_.__... --... -......-.--.-...---.-----.
.l:1!2.~~~ _____........_. ___..~_..__..
Lur.tiinU -- ----.- -............-..--.--.---.--....
~I
-...--......- ---- -----...... ---....--...... . -.-...
...!!!!\!."lIncc R('!lilir _ n_ _.____.__...._.. _........._._......_...__
C:(ll!!!ll~___"_ ___. _... ..__..... ..._.._..___
'/'I11nl, =t
l'nrls H.ccch'cd nllfl U~ctl Ou W.)d. On:,..,,:
In r;~;.t-r-~i~ii~jl);$el'l)lt~--....,,-----,...-....._..._~ iiir~
~j..t!'l.ld
. I
~ ---r::.. ~~~:=~~=~:~~:.:.~:=._:-..:f:.-
.-=:~._~~.~;~=:....,~,~=~~~.:~~~~:j~;
-...-- I
Dlllnlll' NOli" I
.- H,Ill1U Ol'l '1Jj1l.~lu !
.- ,
- .". ,
-.----- -, ~
" .-- '-
_. ~I
-
,'.- - -,
---- --
-.-.--
---..... ---:-
- -
------ x ..
~ "
~'
/ '~,---r-.,..-- N 1fr!ltJ f1'III1l.E....,
1'(''''1\ QI)' ! JJ
I ell/'O- 1('\'11. I ~_I I'l.'l cw
' , \VIII!,'!! Frul1l
-. .. --
i ---... .. _.
-r-
+ -
I - ._--
! ...---- --
J -.
_L ,
NIIU.Ir,~5ex ,1)r.1'\'h'4~~ J'urr:hn:-:c\llIlld l~c~'d\.t't1 hI 'snlisfr 'York O,'dCcI':
jri1C; 1}."rlllllim-.-.--.-..,-..--....-.----l..iT;:;-Ti~
I .--.----.---.--------L-J 1".1
L .____.......___........j_._I__
-"rilrcl- TR7iti(.\.t'jil~IITti:i,j;~~~~;{O:'H\;r:.Eu, j\i'uh1tl'n:III~C ~ !I&\.[,
11I1~I~CUOIl ''IN.l~'''Ol\lillt:.., 1.11, Rl'.l3l1ild "'IW. 1I1surtltH;.~ }I'1"plll( '" iN. l.;."JfIS11111llg'" CS
EllIVllIl'o,Sigllnlll"o: ~ C"'llIllIu"slgnnhll.c:_,_____
ll:tll': -.!:1J:--"..u.........a.;;z..... '1'ol'pllono: '~____
Onl.ci
n3'i~j;r-nc.~!i e.;"!j'Q'iii' lllN If.C1i! fl'II111 Ii..."
<ClIde" 1'0. 'rutal Cust
(lll'lulllng
TIt"a.,JI',.I"tt)
- __..1 ._~ I
~",'" ,1;1;2/44/2664 15: 18 2656635125. ESSE>\.9'ANE RENTAL C PAGE 16/16
~iEssex Crane Primary WO;l;"~ Order Rep~~~~.. ":':'~.' ~"",.f.age :z of:Z
~...
Work Order H: /-VOt'">/7J-l..,.. Custom.... PO #; Date: J?'- /-J..,..-"" .. ~
Customer:
IIl!?al-n
e.cJ
Customer Site:
",,/a'/h?.:!ih7\-
I'
.:In
.
Customer's Address: LV~y'"",...,.k t?/'t Oe,fXlI-'7711l'hr a(1 6.'''_,,"Y'>'.9~''
(continued): (7/7) (,97-tr990
L"",,~#: J.S/iJOll-Jl~ Serial/;: t..c-1r1'i7?IO~3 ModcllDescriptlo~: ......!.?'7Q ~F>:le.v^f'~
BmpJqycc;
Wol'k Requested: :r/l/
Hour Meter Readil~:
WOl'k Pel'fonned: :T.AI'
Tn ~J'.'1-eC.Tlat1
.
, ,
t..,/, h "~
" ~
?~7"7 /<7#.3
(!,..",.., e
-, ~,~ ._~ "::'-'t- _.. '.--_~_ _.'_ _
Start Time: 7.'00 /'I/}'J End ~lm..: --S:3o J!?/7) BiDable Non- /'
.
TlI5ks Boun CODIme:nts ST OTl.5 OT2 BJlJably
Travel ~ V
Rig-Up
Rig-Down
:Repair
Maintenance
Inspecition
Lo"dimz: ..
Rebuild
Insurance Rcpair
Consulting
Yard&Shop Work
Yard Reworlc:
Genl Yard Maint ......
Total; .!:> f-'"
Paris Recejved and Used On Work Order:
Part 41 Part Description Qt)'. T....k Qty B N It ~ trom Essex
V."d Code:'" Rc:vd. Store:
Where From Co.t
..
N E
on- 'sex Ceil r v a tV or er:
Service Descrlpr:lon Brs Work Order &.,""POII: B N It .l:ilm from Esse.'l
TasJ< Code. PO, Total Cost
(lndUdi-nc: 'T.."VSlFNi~tat)
Servi
Po chased and. R.ecei ed to S tisf W k Ord
.. Travel.. TR. Rig-Up.. RU, Rig-Down - RD. Repair -RE. Maintenance ~.PM. Illspection -IN. Loading _ LJ:>. Rebuild ~
~, Insurance Repair ~ rN'{:"Sl.llting ~ c~:~ &: Shop Work.. YS. Ya<<l Rew()t'k PO REW. General. y..<<I Maint.. GEN
Employee Signatuy ........LO '7-U ~//.( Customer SiltDature:
Date: S> - LJ - n:J ']~elephoDe:
ESSEX COpy
Date:
r-_.) ('j
~:-~ -;1
.__1
~ , f.1~ ~.~
~ ---::; .n (3
r) ? f'~) ,.:J
..L:- ---! 1'~~
"-' ~.. ")
U', " .'rn
'L. ~ S'? J
"-,
"\ ~ 1"'" . .~,J
<>,; .<
-~, ,,,
B
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04824 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ESSEX CRANE RENTAL CORPORATION
VS
HEARN & CO
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HEARN & CO
the
DEFENDANT
, at 1436:00 HOURS, on the 28th day of September, 2004
at 9 BRENNEMAN CIRCLE
MECHANICSBURG, PA 17050
by handing to
LAURIE WAGNER, OFFICE MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.66
.00
10.00
.00
34.66
So Answers:
?'"~~
R. Thomas Kline
09/29/2004
MORRIS & ADELMAN
Sworn and Subscribed to before By:
h. I'':!;;.
me t lS /-"'
day of
"
Deputy
eriff
o~ ..2tJ7J'1' A.D.
//k- -
( ,() illdftu A.t3
othonotary I ~
ESSEX CRANE RENTAL
CORPORATION
1110 LAKE GROVE ROAD
BUFFALO GROVE IL 60089
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
v.
: No.: 044824 Civil Team
HEARN & CO.
9 BRENNEMAN CIRCLE
MECHANICSBURG, P A 17050
Defendant
DEFENDANTS' ANSWER WITH NEW MATTER
TO PLAINTIFF'S COMPLAINT
Defendant, Hearn & Co. ("Defendant"), by and through their counsel, Anderson
Gulotta & Hicks, P.C., respectfully submits this Answer with New Matter to Plaintiff's
Complaint and in support thereof states the following:
1. Admitted.
2. Admitted.
3. Admitted. Defendant accepted the equipment and incorporated the same
into its business under the terms of the lease between Essex Crane Rental Corporation and
Hearn & Co.
4. Admitted in part, Denied in part. The defendant admits that the equipment
remained the personal property of the plaintiff. Without a specific cite to Exhibit A of the
Plaintiff's Complaint and after a thorough review of the Plaintiff's lease document the
Defendant has no basis to reach a conclusion of whether the lease provides that the Plaintiff
reserves title to and a security interest under the Uniform Commercial Code in the
equipment. Furthermore, the allegations contained in Paragraph 4 of Plaintiff's Complaint
are denied, since the allegations are legal conclusions to which no response of pleading is
required. To the extent a response is deemed necessary, Defendants specifically deny the
same.
5. Admitted in part, Denied in part. It is admitted only that the Defendant
accepted delivery of the equipment in good condition. It is denied that the Plaintiff has
performed the obligations imposed upon it by the terms of the said lease, specifically that
the Plaintiff did not give written notice to Defendant of the "damage" to the Equipment
within thirty (30) days after return of the Equipment to Plaintiff, in accordance with
Paragraph 18 of the lease agreement.
6. Admitted in part, Denied in part. It is admitted only that "the lease provides
that upon the Defendant's return of the equipment, it is to mturn same in 'good condition,
less reasonable wear and tear,' and upon its failure to so return it agreed to be responsible
for all repairs to the equipment to make it usable and rentable in the ordinary course of
Plaintiff's business." The rest of the allegations contained in Paragraph 6 of Plaintiff's
Complaint are denied, since the allegations are legal conclusions to which no response of
pleading is required. To the extent a response is deemed ne'cessary, Defendants specifically
deny the same.
7. Denied. It is denied that the Defendant failed to return the equipment in
good condition. To the contrary, Defendant asserts that upon returning the equipment, the
equipment was in good condition. Furthermore, the allegatiions contained in Paragraph 7 of
Plaintiff's Complaint are legal conclusions to which no response of pleading is required.
To the extent a response is deemed necessary, Defendants specifically deny the same.
8. Admitted in part, Denied in part. It is admitted only that Plaintiff had the
equipment repaired. It is denied that the repair was made due to Defendant's failure to
make payment when due.
9. Denied. The allegations contained in Paragraph 9 of Plaintiff's Complaint
are legal conclusions to which no response of pleading is re:quired. To the extent a
response is deemed necessary, Defendants specifically deny the same.
COMMON COUNTS - OUASI CONTRACT
10. Denied. No further response is deemed nece:ssary to Paragraph 10 of
Plaintiff's Complaint inasmuch as the same does not contaill any factual allegations.
11. Denied. To the contrary, the only lease entered into for the Manitowoc,
777-11,175 Ton, 1998, LC is dated March 30,2002. Furthermore, the allegations contained
in Paragraph 11 of Plaintiff's Complaint are legal conclusions to which no response of
pleading is required. To the extent a response is deemed necessary, Defendants specifically
deny the same.
12. Denied. Plaintiff did not receive the equipment on November I, 2002, nor
did he use or benefit from the use ofthe equipment after the: date the lease was terminated
on July 2, 2002.
13. Denied. After reasonable investigation, the Defendant is without knowledge
of information sufficient to form a belief as to the truth of the said averments and the same
are deemed to be denied, put at issue and proof is demanded!.
14. Denied. The allegations contained in Paragraph 14 of Plaintiff's Complaint
are legal conclusions to which no response of pleading is required. To the extent a
response is deemed necessary, Defendants specifically deny the same.
15. Denied. The allegations contained in Paragraph 15 of Plaintiff's Complaint
are legal conclusions to which no response of pleading is re:quired. To the extent a
response is deemed necessary, Defendants specifically deny the same.
16. Denied. The allegations contained in Paragraph 16 of Plaintiff's Complaint
are legal conclusions to which no response of pleading is required. To the extent a
response is deemed necessary, Defendants specifically deny the same.
17. Denied. The allegations contained in Paragraph 17 of Plaintiff's Complaint
are legal conclusions to which no response of pleading is re:quired. To the extent a
response is deemed necessary, Defendants specifically deny the same.
18. The allegations contained in Paragraph 18 of Plaintiff's Complaint are legal
conclusions to which no response of pleading is required. To the extent a response is
deemed necessary, Defendants specifically deny the same.
19. The allegations contained in Paragraph 19 of Plaintiff's Complaint are legal
conclusions to which no response of pleading is required. To the extent a response is
deemed necessary, Defendants specifically deny the same.
NEW MATTER
20. Paragraphs 1 through 19 above are incorporated herein by reference as if set
forth in full.
21. Defendant's rental agreement for the equipment was terminated on July 2,
2002, and the notice was given to Plaintiff twenty days prior to termination date, as
required by the lease. Defendant attempted to return the equipment to Plaintiff, but
Plaintiff didn't have room for the equipment and instructed Defendant to keep the
equipment until Plaintiff had room for it.
22. Plaintiff took back the equipment in August of2002.
23. In December of2002, Defendant received an invoice dated November 1, 2002
from Plaintiff for repairs to the rented equipment. This was the first time Defendant learned
of any damages to the equipment, therefore not allowing Defendant to have an opportunity to
investigate the situation or to make an insurance claim for the alleged damages.
24. Paragraph 18 of the Lease between Essex Crane Rental Corporation and
Hearn & Co. states that "Lessor shall make an inspection upon return of the Equipment,
such inspection to be at Lessor's expense. Any loss or damage to equipment shall be listed
and notice thereof supplied to Lessee within thirty (30) days after return of the Equipment
to Lessor."
25. According to the Paragraph 18 of the Lease between Essex Crane Rental
Corporation and Hearn & Co., since the equipment was returned to Plaintiff in August,
Plaintiff had a duty under the lease to notify the Defendant of the damage to the equipment
by September, 2002.
26. Plaintiff failed to meet their duty to properly notify the Defendant of any
alleged damages to the equipment within thirty (30) days of the return of the equipment.
27. Plaintiff's claims are barred, in whole or in part, due to Plaintiff's Breach of
Contract.
28. Plaintiff's claims are barred, in whole or in part, due to the applicable statute
of limitations.
29. Plaintiff s claims are barred, in whole or in part, due to Plaintiff's failure
to state a claim upon which relief can be granted.
30. Plaintiff's claim for a Quasi Contract is barr,ed the Pennsylvania Uniform
Commercial Code's Statute of Frauds.
WHEREFORE, Defendant Hearn & Co. respectfully requests this Honorable
Court to enter judgment in their favor and dismiss Plaintiffs Complaint in its entirety.
Anthon C Gulotta, Esq. (Date)
Anderso , Gulotta & Hicks P.C.
1110 North Mountain Road
Harrisburg, PA 17112
(717) 541-1194
Attorney J.D. 82081
ESSEX CRANE RENTAL
CORPORATION
1110 LAKE GROVE ROAD
BUFFALO GROVE IL 60089
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: CIVIL DIVISION
v.
: No.: 044824 Civil Team
HEARN & CO.
9 BRENNEMAN CIRCLE
MECHANICSBURG, P A 17050
Defendant
PRAECIPE TO ENTER APPEARANCE
To The Prothonotary:
Please enter my appearance in the above referenced matter on behalf of the Defendant.
Date: 10/ { ~ /0'1
I I
~hL~~
Anderson, Gulotta & Hicks, P.C.
I 110 North. Mountain Road
Harrisburg, Pennsylvania 17112
717-541-1194
I.D. No. 82081
Attorney for Plaintiff
1
VERIFICATION
I, Donald B. Hearn, President of He am & Co., verifY that the statements made in
this Answer with New Matter are true and correct. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S.A. 94904 relating to unswom falsification
to authorities.
(
6~nal~ Hearn
Dated: //)-/ ~-I)Y
CERTIFICATE OF SERVICE
And now, this I ~-rIt day of M 0 bo , 2004, I do hereby certify that I have
served a true and correct copy of the foregoing document on the person(s) listed below at
their respective addresses, via first-class mail, postage prepaid.
James W. Adelman, Esquire
Morris & Adelman, P.C.
Attorneys for Plaintiff
Post Office Box 30477
Philadelphia, PA 19103-8477
(215) 568-5621
An~l~~
Anderson, Gulotta & Hicks P.C.
1110 North Mountain Road
Harrislburg, PA 17112
(717) 541-1194
Attorney J.D. 82081
MORRIS & ADELMAN, P.C.
BY: JAMES W. ADELMAN, ESQUIRE
IDENTIFICATION #02604
PO BOX 30477
Philadelphia, Pennsylvania
(215) 568-5621
ATTORNEY FOR PLAINTIFF
Essex Crane Rental Corporation
19103-8477
Essex Crane Rental Corporation
1110 Lake Grove Road
Buffalo Grove IL 60089
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
vs.
Hearn & Co.
9 Brenneman Circle
Mechanicsburg PA 17050
NO. 04-4824 Civil
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
20. Plaintiff incorporates the allegations of the Complaint
herein, as if set forth in full.
21. Denied. The lease terminated Au~rust 10, 2002.
Defendant retained the equipment on site after July 2, 2002, in
anticipation it would have another use on another job for the
crane. When that job did not materialize, Defendant requested the
crane be removed from site.
22. Denied. The equipment was removed on August 6, 2002.
23.-25. Denied. The allegations of paragraphs 23 through
30 are denied. To the contrary, Defendant was verbally notified
by Plaintiff's then Service Manager, Gene Harris, on or about
JWAll17.2
August 2, 2002, of the damage. Defendant's employee acknowledged
the repair by signing off on Plaintiff's technician's work order,
a true and correct copy of which is attached hereto, made part
hereof and incorporated herein, as if set forth in full, marked as
Plaintiff's Exhibit "B". Strict proof is demanded of these
allegations if deemed relevant.
26.-30. Denied. These allegations of Defendant's New
Matter are affirmative defenses as provided by Rule 1029(a) and
same are denied as conclusions of law.
WHEREFORE, Plaintiff claims there is now justly due and
owing by Defendant the sum of $13,752.59 with interest at 6% from
November 1, 2002 and costs.
, ESQUIRE
aintiff
JWAll17.2
...
VERIFICATION
)Vt, C Wlf'{, t5 . Mo (If 0 rJ
(!,lLGP IT M ~ J\G f(L
, states that he is
of bC;~~ C((1WJ6 R~~TA-L- Ct;(<..f
and that the facts set forth in the foregoing ANSWER TO NEW MATTER
are true and correct to the best of
}..\:\~
knowledge, information and belief, and that this
statement is made subject to the penalties of 18 Pa. C.S.A. 4904
relating to unsworn falsification to authorities.
JYt~~~
Dated: -11- (-Of
-
PAGE 05
2la562lala327 ESSEX ALABAI"1A rl1';;'''-. (fi05 ) (Q~O .- 0 ~.:{')
Pri~~. W9~k Order R~-p.~~~~g. . . ~age 2 of 2
.,. -..
Date; R - G: - 0::1.
Customer PO #;
11/09/2004 14:47
~(.-~~sse" . <;rane
WorJt; Ordel' #:
r.,.J ~t'I 'IJ" I
Customer:
.tI eo... )- .n
(10
Customer Site:
Customer's Address: lA)p.jn'l,:"k f /If. D~pq":?;n.trm-r Q~~ ('fl"Jo~~OnS
(cont'nuod)~ ~/J? 1 ~ t:t7 _>>990
Lc..se#: Lo/onJJ-.lI, Serial#:hC-a1 "'J'1'1 /Ofl.-'3 MOdel/Description: 2'111 (:.f"4wJ.eA
Em 10 0e:
Hour Metcr RCladin
I
Work Requested: R.)1 ... L G - TA
WOl'"kPerf'ormed;'7rat.JPJ... ....... ~:6-I)o""Y\ c;r""d. l.6c:stC-.....a-- o~
(l L~ ,.., ~ livJaS C; 1r-l.J~JS by&. 0t-, T,'Y'l(}- .
LC-ff) l..'1n/o:J,?
Start Time: IJ.' 30 IIn1 End Time: 5'"l 00 IN?'} Binable NOll-
Tasks Hours Comments 5"(' OT 1.5 01'2 Billable
Travr:l I
Ri~-UD /t)~
Rie:-Down
R.eDair
Maintenance
InsDeetion
Loadin rZ
~build
:n~urancl; ReDair
:onS\11tirul ....-,
{ard8tShOD Work
(ard Rework
~enl Yard Maim
Total: n-L
'arts Received and Used On Work Order-
.
'art # Part Desc:ription Qty. Ta$k Qty B N :If ~ from Essex
Used Codell< Rc\'d. StorE:
WheR From Cost
,
S . Purchased aDd Received 10 SAtisfY Work er: U JSa& from Ess~
Ess~ PO #: B N
ron-Ess~ ervJCeB Hl'S Wot'k Ot'd~t' :PO, Tob. co.~ .
ervlce D854:npti"n Task Codc-' (lllcludiJle: l' A,,;es/FN',mt)
,~ RD :RoO" ait - RE. M.a;.ntcnance - J?j\II'. Inllpection IN Loading - LD. Rebuild -
, Maint = DEN
Ord
Travel = TR. 'RJg-~p "" RU. RJ.g-~ow: es. yu..t& Shop Work::; YS, YlU'd Rework = REW, General Yard~
B In&ur3.n~e Repair = IN. Consult :OS (7 . .. ~ ~~
. . lJ'e:-1 ~ . It Customer Signature. ...~ - --v
~roployee Sign;:7~~ ~....;:~J ,"'l t.. Telephone:.~ ._
, Date: _i-- -" r. -., ~
~SSEX COpy
I Lease # LS/001419
ESSEX CRANE RENTAL CORP.
EQUIPMENT RENTAL AGREEMENT
This Agreement is made this
30th
day of March
2002
by and between ESSEX CRANE RENTAL CORP.
1110 Lake Cook Road Suite 220, Buffalo Grove, IL 60089
party of the first part, hereinafter called Lessor, and
Hearn & Company 9 Brenneman, Mechaniscburg, PA 17055
Dave Kieffer
party of the second part, hereinafter called Lessee.
WITNESSETH: That in consideration of payment hereinafter provided, Lessor and Lessee agree as follows:
1. EQUIPMENT LEASED: Lessee hereby leases from Lessor for use at or near
Hearn & Company Canaan FBOP RR2 Box 2020 Waymart, PA 18472
Vic
hereinafter called "jobsite," all Equipment herein named and identified, which throughout this Agreement is designated in
whole or in part as "Equipmenf'. Each article of Equipment shall remain in possession of Lessee and neither this
Agreement nor any part thereof shall be assigned. Nor shall Lessee offer the Equipment rented hereunder to be used or
possessed by any other person, firm or legal entity without the prior written consent of Lessor. Nor shall said Equipment
be used in the performance of any work by Lessee other than that specified herein without Lessor's prior written consent.
Lessee further agrees not to remove any Equipment covered by this Agreement out of the county, state, and jobsite
specified above without the prior written consent of Lessor.
THE EQUIPMENT:
(1) Manitowoc, 777-11,175 Ton, 1998, LC
LC-M-7771 023
VALUE:
$1,000,000.00
2. SPECIAL CONDITIONS: The lessor will supply a serviceman, upon request, to assist in the assembly and/or
disassembly of the equipment at a rate of $75.00 per hour, per eight (8) hour work day. Overtime charges will apply.
3. RENTAL RATE: The bare monthly rental rate is: $14,500.00
4. MINIMAL RENTAL PERIOD: One Month (30 Days)
(J. K..
5. THE RENTAL PERIOD: Begins as a bill of lading approximately 4/"/02 and ends when lessee has completed usage
plus 3 workdays for loading out on carrier of Lessor's choice provided paragraph 4 is complied with.
Prior to the end of the Rental Period, Lessee is required to give written notice to Lessor at the above address by fax or
mail of its intention to terminate the instant Lease at least twenty (20) days prior to termination date. Such written notice
shall not relieve Lessee of its obligation under Article 4 hereof.
Original Base Lease 12/01/01
6. TRANSPORTATION: TRANSPO~,rATION IN AT AN AGREED PRICE OF $OO.lJu AND LOADING OUT ON CARRIER OF
LESSOR'S CHOICE TO BE BORNE BY LESSEE. TRANSPORTATION OUT AT AN AGREED PRICE OF $6,375.00 TO BE BORNE
BY LESSEE. FREIGHT IN MUST BE REMITTED WITH SIGNEB CONTRACT.
~
Transportation: Lessee will arrange for and pay all shipping and freight from the shipping point to the jobsite specified in
Article 1 hereof and returned to the return point, including but not limited to, demurrage, unloading, assembly,
disassembly, load-out, handling, packing, crating, documentation, import and export clearances and transportation. Since
the out-bound method of shipment may differ from in-bound, required load-out procedures may vary accordingly. If
shipped via barge or vessel, or if the Equipment is loaded for use on board a barge or vessel, Lessee shall furnish to
Lessor, prior to shipment of the Equipment, Certificate of Marine Trip Cargo and loading and unloading insurance to the
stated value of Equipment specified in Article 1 hereof. Lessee shall inspect and inventory Equipment and obtain from
delivery carrier written acknowledgement of any loss or damage to Equipment.
7. PAYMENT: Lessee shall pay rent for the Equipment at the rate specified in Article 3 hereof and payment shall be made
monthly in advance at the office of ESSEX CRANE RENTAL CORP.
a) Monthly rental rate shall not be subject to any deductions on aocount of any nonworking time in the month or
back charges for repairs or maintenance of any nature.
b) After the Rental Period specified rent will be payable at the rate of 1/30th of the monthly rate for each calendar
day.
c) If the payment is not received within thirty (30) days from the date of the invoice, then a finance charge of 1
Y2% per month (18% per annum), or the maximum allowed by law will be charged, and all payments will be
first applied against repairs and transportation items.
8. CONDITION OF EQUIPMENT AND WARRANTY: Lessor hereby agrees that Equipment is shipped to Lessee in good
serviceable condition, Lessee shall examine Equipment promptly upon delivery and notify Lessor in writing within twenty-
four (24) hours of any evidence that Equipment is not in such condition. Lessor shall then have a reasonable time to
replace or repair Equipment during normal working hours. Should Lessor be unable for any reason (other than as a result
of any act or omission of Lessee, or any event beyond the control of Lessor) to repair or replace the Equipment within
such time, Lessee may terminate this Agreement [only upon written notice to Lessor at least twenty (20) days prior to
termination date]. THE FOREGOING IS THE EXCLUSIVE AND ENTIRE WARRANTY GIVEN IN CONNECTION WITH
THE EQUIPMENT, AND SUCH WARRANTY AND/OR THE REMEDIES STATED IN CONNECTION THEREWITH ARE
GIVEN IN LIEU OF (a) ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; AND (b) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF LESSOR FOR DAMAGES,
INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES
(INCLUDING WITHOUT LIMITATION CLAIMS OF LOSS OF USE, BUSINESS INTERRUPTION OR COST OF
ACQUISITION OF REPLACEMENT EQUIPMENT), ARISING OUT OF, OR IN CONNECTION WITH, THE RENTING,
MAINTENANCE, USE, OPERATION, STORAGE, ERECTION,DISMANTLlNG OR TRANSPORTATION OF THE
EQUIPMENT. LESSOR SHALL IN NO EVENT HAVE OBLIGATIONS OR LIABILITIES FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LESSEE AGREES THAT LESSOR WILL NOT BE LIABLE FOR ANY LOST PROFITS BY LESSEE OR ANY OTHER
PARTY.
9. USE OF EQUIPMENT:
(a) The Rental Rate stipulated above is based on single shift operation of eight (8) hours per day, forty (40)
hours per week, and one hundred seventy-six (176) hours pelr month.
(b) Use of Equipment during storage will not be permitted unless authorized in writing by Lessor.
(c) Equipment is to be used in accordance with the written specifications of the manufacturer.
(d) The Equipment shall be used only as a hook crane, unless otherwise specifically provided in Article 2
hereof, and shall only be used within its rated capacity based on the manufacturer's capacity charts. See
under Special Conditions.
10. MAINTENANCE AND OPERATION: The Lessee shall assure that the Equipment is not subject to careless or
needlessly rough usage, and Lessee hereby agrees to employ competent, experienced persons to operate and maintain
said Equipment and shall at its own expense maintain the Equipment in good operating condition, well greased, oiled,
cleaned and repaired, and shall return it to Lessor in such condition. Lessee shall have the duty to inspect, test, and
certify at its own cost, that the Equipment is in accordance with specifications and is fully operational and free from any
and all damages and/or defects. Any damages and/or defects shall be reported to Lessor immediately. Failure to notify
the Lessor immediately of any damages and/or defects shall be deemed an admission by the Lessee that the Equipment
is fully operational and free from damages and/or defects. In the event the Equipment is rendered not serviceable through
accidental and/or negligent damage by Lessee, the rental shall continue until the Equipment is restored to serviceable
condition, and all costs for accomplishing the repairs shall be paid by Lessee. When Lessee and Lessor (both the parties)
have prearranged for Lessor's service personnel to work on the Equipment, Lessee shall make the Equipment
immediately available to Lessor's service personnel upon their arrival at the location of the Equipment, and if the service
personnel are required to wait more than two (2) hours by Lessee, than Lessee shall be responsible for payment to
Lessor of standard hourly charges for the additional waiting time. Lessee shall be responsible to steam clean the
Original Base Lease 12/01/01
Equipment after its use thereof is completed. Lessee shall pay special attentllJn toward cleaning and protecting the
Equipment when working the Equipment at a location where destructible chemical agents are present in the atmosphere.
Lessee shaU be responsible for this protection and to cle'an all cOrrosive agents from the Equipment, and restoring the
condition of the metal and paint on the Equipment prior to returning the Equipment to Lessor. The fact that Lessor is
aware of the type of project and that chemical agents are present in the atmosphere does not deem this type of
destruction to be classified as normal wear and tear.
11. TAXES, DUTIES, TARIFFS: Unless otherwise provided herein, Lessee agrees to pay personal property taxes
imposed upon Equipment at the place or places at which Lessee agrees herein to keep Equipment. All other taxes, as
well as assessments, duties, import tariffs, licenses and license fees, including but not limited to those regulating to
Equipment, its use, operation, transportation or storage, or to the making or performance of this Agreement, shall be paid
by Lessee. Lessee shall promptly provide Lessor with documentation, including but not limited to, tax receipts, evidencing
that all items, which are the responsibility of Lessee hereunder, have been paid. The lessee shall promptly provide a Tax
Exemption Certificate, where applicable.
12. COMPLIANCE WITH LAWS: Lessee agrees to comply with and conform to all laws and regulations of any
government or public body having jurisdiction relating to the maintenance, use, inspection, operation, storage, erection,
dismantling, servicing or transportation of Equipment. Lessee agrees to assume full responsibility, and indemnify and hold
harmless Lessor for any and all losses, damages, expenses, fines, forfeitures, seizures, confiscations, and penalties
arising out of the violation of any such laws and regulations. In the event that any law or regulation shall require the
installation of any additional Equipment or accessories, including but not limited to, safety devices, or if any modification to
Equipment is required by law or regulation, Lessee agrees to pay the full cost thereof, including installation expenses, and
the cost of restoring Equipment to its original configuration, if required by Lessor.
13. LOSS OR DAMAGE: 13.1 All risk of loss or damage to Equipment, regardless of cause, including seizures and
confiscations of Equipment, during the term of rental or while Equipment is in the possession, custody or control of Lessee
or its officers, employees, affiliates or agents, or during transportation of the Equipment, shall be with Lessee and Lessee
agrees to return the Equipment to Lessor in the condition in which Lessee received it, free and clear of all liens and
encumbrances.
13.2 In the event of loss or damage to Equipment, regardless of cause, rental payments will continue to accrue until the
Equipment is repaired by the Lessee and accepted by Lessor, or in the event Equipment shall be adjudged by Lessor to
be lost, stolen, destroyed or damaged beyond repair, payment in full shall be made to Lessor by Lessee for the stated
value of Equipment. No rentals paid or due shall be applied to payment of th(~ loss.
14. INSURANCE AND IDEMNIFICATION: 14.1 Lessee shall, at its own expense, obtain and maintain during the Rental
Period or while Equipment is in the possession, custody or control of Lessee, its officers, employees, affiliates or agents, a
standard contractor's Equipment all risk, coverage with boom and overload (including on international rentals, war,
political and similar risks) floater insurance policy satisfactory to Lessor to protect the interest of Lessor, naming Lessor as
an additional insured to the total amount of stated value of Equipment as set forth in Article 1 hereof, and shall, prior to
delivery of the Equipment, furnish Lessor with evidence of such insurance, including an insurer's certificate that such
policy is in effect. Such insurance policy shall not be altered or terminated without the prior written consent of Lessor.
LESSEE'S INSURER
EFFECTIVE DATES:
POLICY NUMBER
14.2 To the fullest extent permitted by applicable law, the Lessee shall assume entire responsibility, liability, defend,
indemnify and hold forever harmless Lessor for all damages (including purely economic loss), or injury of any nature
(including death) to persons and property, including intangible property, as well as expenses, penalties, legal fees and
costs, arising out of, or in any manner relating to, or occasioned by, the operation, maintenance, handling, inspection,
storage, erection, dismantling or transportation of Equipment during the rental term or while in possession, custody or
control of Lessee, its officers, employees, affiliates or agents, regardless of whether the same were caused, in whole or in
part, by negligence of Lessor. Lessor shall not be liable for any loss, delay or damage of any kind or character resulting
from defects, inefficiency or accidental breakage of the Equipment hereby leased. Lessor shall not be liable for delays of
carriers in transporting the Equipment or for delays resulting from strikes, labor disputes or refusal of its employees to
cross picket lines, or from any other contingencies beyond its control. In jurisdictions in which the indemnification provided
for in this Article is broader than that allowed by applicable law, this Article should be interpreted as providing the broadest
indemnification permitted and should be limited only to the extent necessary to comply with said law.
14.3 Lessee shall include the interest of ESSEX CRANE RENTAL CORP., as an additional named insured under
Lessee's General Liability, Excess Liability, and Automobile insurance policies with respect to the Equipment during the
Rental Period and transportation of the Equipment with minimum liability limits of $2,000,000.00 per occurrence, and
Lessee shall furnish Lessor with a certificate of insurance. Such liability coverage shall not be altered or terminated
without the prior written consent of Lessor.
LESSEE'S INSURER:
EFFECTIVE DATES:
POLICY NUMBER
Original Base Lease 12/01/01
15. TITLE: Title to the Equipment shall be at all times vested in Lessor unless rransferred by sale in writing signed by
Lessor and Lessee. Lessee agrees to keep the Equipment free from all liens or other encumbrances. Lessee shall give
Lessor imm~diate written notice if Equipment is levied upon, or from any caLise becomes liable to seizure. Lessee agrees
to protect Lessor's interest in the Equipment while it is in Lessee's care, possession, custody or control, and during
transportation.
16. DEFAULT: 16.1 If Lessee violates any term of this Agreement or fails to keep any promise or agreement made
herein, including but not limited to the happening of any of the following events, Lessee shall be deemed in default and
the Lessor may exercise and enforce any remedy under this Agreement and/or under law:
a) If the monthly rental rate, or any part thereof, is unpaid by Lessee for more than five (5) days past the due
date specified in Article 7 hereof;
b) If Lessee becomes bankrupt;
c) If Lessee fails to maintain, operate, or insure the Equipment as herein required;
d) If, in the opinion of Lessor, the Equipment is being abused or neglected or because of labor disputes or any
other conditions, the Equipment is in danger of being lost or damaged, levied upon or subject to seizure.
16.2 The foregoing events of default should not be construed as an exhaustive list of defaults which entitle Lessor to the
remedies available hereunder or under law, and if Lessor does not declare Lessee in default or chooses not exercise or
enforce any right or remedy under this Agreement or under law, the same shall not be construed as a waiver of any
default by Lessee and Lessor will still have available all of those rights and remedies and may exercise and enforce them
in the future.
17. LESSOR'S REMEDIES: If the Lessee is in violation of any term or provision of this Agreement, in addition to any and
all rights and remedies available to Lessor under law, Lessor may, in its discretion, exercise and enforce anyone or more
of the following remedies:
a) Lessor may terminate the lease, take possession of the Equipment and recover from Lessee all rentals then
due and accelerate and recover from Lessee all rentals to bee:ome due during the Minimum Rental Period
specified in Article 4 hereof;
b) Lessor may recover full damages for any injuries to the Equipment, including all transportation expenses
incurred in returning the Equipment to Lessor, all expenses for service, repair, and cleaning of the Equipment
to restore it to good serviceable condition;
c) Lessor may, in its discretion, remedy any default or violation of this Agreement by Lessee, including but not
limited to, procuring the insurance coverage required under the Lease, making payments for any fines,
forfeitures, seizures, confiscation and penalties arising out of the violation of any laws and regulations, and
making payment of any sales and use taxes, assessments, duties, import tariffs, licenses and license fees,
and then recover such payments from Lessee, and any rentals paid by Lessee shall be first applied to said
expenses.
d) Lessor shall have the right at any time to enter the premises occupied by the Equipment and shall be given
free access thereto for the purpose of inspection and shall be entitled to take possession or remove all or any
part of the Equipment without legal process at any time at Lessee's expense.
18. INSPECTION: Lessor shall make an inspection upon return of the Equipment, such inspection to be at Lessor's
expense. Any loss or damage to Equipment shall be listed and notice thereof supplied to Lessee within thirty (30) days
after return of the Equipment to Lessor.
19. VENUE AND APPLICABLE LAW: This agreement and all actions arising herefrom shall be governed by the
laws and venued in the state of New Jersey, Alabama, California, Colorado, Florida, Texas, or Illinois in the sole
discretion of Lessor.
20. ATTORNEY'S FEES: In the event that any suit, action, counter claim or proceeding is instituted to enforce any right or
remedy granted to the Lessor herein, Lessor shall be entitled to recover from Lessee its costs and disbursements
incurred, including reasonable attorney's fees.
21. ENTIRE AGREEMENT: This Agreement constitutes the full agreement between the parties hereto, previous oral
and/or written agreements being null and void, and it is not subject to modification or alteration except by writing, signed
by the principals executing this Agreement or their successors.
WITNESS: The parties hereto set their hands on the day and year first written above and by which Lessee acknowledges
the receipt of a signed copy of this Lease.
22. This agreement and the Chattel Paper represented hereby is subject to the security interest of Heller Financial, Inc. (a
GE Capital Company) as agent (the "Agent") to the lenders (the "Lenders").
LESSEV), / n1~
By (~LD7~
Title fR~~
Witness ~__
State of 'EWII!' VAt1./. A--
Individual _ Partnership
~~SS/P~:4~RP
Title ~. Po
Witness L0l~ f)
State of ~Ol(u Co J\ CL
Corporation
Original Base Lease 12/01/01
yU'.....<tf.............. nul.' ~................. .&.n..a. ......u vvu u~uv
.uv.&,,,, ....&U1o'&..&... '"
~YYI
.
.RENTAL BILLING END SHEET
DATE September 4, 2002 .
CRANEORATTACHMENT~
LC-M-7771 023
SALESlLEASE NUMBER LSlOO14~9
CUSTOMER NAME Hearn & Company
FROM
Heam & Company
TO
Fem~!. Equipme~!
LOCATION .FROM Waymart, PA.
L!lCATION TO PunX$uta~eYI PA.
PO/OO120512002
ESSEX FRIEI-,HT, PO NUMBER
, ~.DATE CRANE 8"JPP~.U 0810612002
DATE 1ST I-OAD ARRIVED 08107/2002
. .
DATE LAST LOAD ARRI!!5D 081071200~_
BOOM # II-ENGTH 16CJ1 #. 78
.
.n~ # / LENGTH Upper !oom Point Assy
RESPONSIBLE YARI)
Alabama
'RESPONSlBLE ESSEX EMPLOYEE' David Ya~es 1 G~ne Harris
'FREtGHT AMT TO 8E BILLED '1"0 CUSTOMER $6,375.00
w001579 07i10/2002
RELEASE NUMBER 1092 INSPECTION DATE & W.O.
HOUR METER READING AT RENTAL END
08/OG/2002 3522
I ~A~RACTUAL ~::"!'~~_fo1A~~IR:!I..______ .. .. -I
ONM = DAMAG~ NEGLECT (LAC<< OF MAIIIfJ!NIlNCE) AND ""SUSE INCLUDING CLEANING
LAST DATE OF RENTAL BILUNG
I.... 08110/2002 . _._-'-.__~.. __. >- ~
.lAST DATE OF RalTAL S.ILLlNG ::= CUSTOMER USE END DATE + THE NUMBER OF DAYS TO
. PERFORM INSPECTION JIND DNM'REPAIRS + NUMBER. OF TIUUISPORT DoA YS (smEll AS
INDICATED ON LEASE OR AC~AI.)
. ~BT DATE OF RENTAL IJII.LING MUST BE AT LEAS'T 20 DAYS AFTER CUSTOM. ENDS 20
. DAY NOTICE '
COMMENTS
;'.*DATE CRANE SHIPPS' IS WHEN FIRST COllllrONENT SHIPS WHICH INCLUDES BUn; TOP.
JJPPElfWOiuc~ CAR800Y, Oil THE CRAWLERS
,... ~..
MORRIS & ADELMAN, P.C.
BY: JAMES W. ADELMAN, ESQUIRE
IDENTIFICATION #02604
P. O. Box 30477
Philadelphia, Pennsylvania
(215) 568-5621
ATTORNEY FOR PLAINTIFF
Essex Crane Rental Corporation
19103-8477
Essex Crane Rental Corporation
1110 Lake Grove Road
Buffalo Grove IL 60089
COURT OF COM:M:ON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
vs.
Hearn & Co.
9 Brenneman Circle
Mechanicsburg PA 17050
NO. 04-4824 Civil
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving the foregoing
document upon the person and in the manner indicated below, which
service satisfies the requirement of Pa R C P 440.
SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS:
Anthony C Gulotta Esquire
Anderson Gulotta & Hicks PC
1110 N Mountain Rd
HarriSburg PA M:::~
DATE: November 18, 2004
ES Vir. ADE , ESQUIRE
torney for Plaintiff
M RRIS & ADELMAN P.C.
P.O. Box 30477
Philade~lphia PA 19103
(215) 568-5621
JWAl1l7.2
0 r-.:>
c.,::> 0
C C':::'.l ,-n
;2/"" ".-
-1:) t:':< ::z .......
I
"'lj;. C.:> n' 'Tl
--.. .... <
i"" ", :g~
\.D C'
~ - :- ::j S~
;r.~ . -~
c5(
-.;:.;.... .,,,.
-- - I (Sm
)>~ is ..-j
~ 0.) ~
N -<
MORRIS & ADELMAN, P.C.
BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION #02604 Essex Crane Rental Corporation
P.O. Box 30477
Philadelphia, Pennsylvania 19103-8477
(215) 568-5621
Essex Crane Rental Corporation
1110 Lake Grove Road
Buffalo Grove IL 60089
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
vs.
Hearn & Co.
9 Brenneman Circle
Mechanicsburg PA 17050
NO. 04-4824 Civil
ORDER TO SETTLE, DISCONTINUE & END
TO THE PROTHONOTARY:
Mark the above-entitled case settled, discontinued and
ended upon payment of your costs only.
, ESQUIRE
Plaintiff
So Ordered As Above:
Prothonotary
J\~A0411. 2
~.,
c::>
~=
c.n
~:~
.-1
--c
:'11
:-TJ
:::<.J
(..)
~
U1
0')