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HomeMy WebLinkAbout14-2843 Supreme Couiof Pennsylvania Cour" of.ComnQo leas For Prothonotary Use Only: T CV er Sheet ra Y Docket No: cu'r���l�ty�` County q M� _'. A,; The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: j El Complaint 0 Writ of Summons ® Petition S" E] Transfer from Another Jurisdiction ® Declaration of Taking , E C Lead Plaintiff's Name: Lead Defendant's Name: T BORTEK INDUSTRIES, INC. JESEPH WALKER ; Dollar Amount Requested: ©Q within arbitration limits I Are money damages requested? IM Yes 0 No (check one) outside arbitration limits r0 N Is this a Class Action Suit? ©Yes El No Is this an MDJAppeal? 0 Yes El No I A Name of Plaintiff/Appellant's Attorney: ROB BLEECHER, ESQUIRE © Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card 13 Board of Assessment Motor Vehicle El Debt Collection:Other ® Board of Elections Nuisance Dept.of Transportation Premises Liability Statutory Appeal:Other S Product Liability(does not include E mass tort) Q Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: ® Employment Dispute:Other ® Zoning Board F T ® Other: I O MASS TORT ® Other: 0 Asbestos N © Tobacco 0 Toxic Tort-DES © Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: ® Ejectment ® Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation ©Declaratory Judgment M Ground Rent Mandamus © Landlord/Tenant Dispute Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial 13 Quo Warranto © Dental ® Partition ®Replevin ® Legal ® Quiet Title ®Other: I 0 Medical © Other: ❑� Other Professional: I Updated I/1/2011 BORTEK INDUSTRIES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Cl CIVIL ACTION- LAW ' V. NO. JESEPH WALKER, JENEE FREBERTSHAUSER, CEO, and x" PRIORITY BUILDING SERVICES INC., c-, := Defendants ` ;, NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 OA' Off 30.5�� AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 BORTEK INDUSTRIES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- LAW V. NO. JESEPH WALKER, JENEE FREBERTSHAUSER, CEO, and PRIORITY BUILDING SERVICES INC., Defendants COMPLAINT IN BREACH OF CONTRACT AND NOW, comes Bortek Industries, Inc. ("Plaintiff'), by and through its attorneys, Pecht& Associates, P.C., and files this Complaint in Breach of Contract as follows: 1. Plaintiff, Bortek Industries, Inc., is a Pennsylvania business corporation with an address of 4713 Old Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Jeseph Walker, is an adult individual with the last known address of 812 Ewing Drive, Suite B, Westminster, Maryland 21158. 3. Defendant Jenee Frebertshauser, CEO, is an adult individual with the last known address of 812 Ewing Drive, Suite B, Westminster, Maryland 21158. 4. Defendant, Priority Building Services Inc., is believed to be a Maryland business corporation with the last known address of 812 Ewing Drive, Suite B, Westminster, Maryland 21158. 5. On or about August 16, 2013, Defendants entered into a Rental Agreement/Contract ("Agreement"), under which Defendants agreed to rent two (2) Advance Warrior X28C WBSC SN 4000031520 machines from Plaintiff for a weekly rate of$839.00. A true and correct copy of said Agreement is marked as Exhibit "A" and attached hereto and made a part hereof. 6. On or about September 6, 2013, in partial payment of the amounts due under the Agreement, Defendants tendered to Plaintiff check number 77445 dated September 6, 2013 in the amount of Three Thousand Dollars ($3,000.00), but the check was returned by Defendants' bank marked "Not Sufficient Funds." A true and correct copy of said cancelled check is marked as Exhibit`B" and attached hereto and made a part hereof. 7. On September 25, 2013, Plaintiff sent Defendants a letter demanding payment in full. A true and correct copy of said letter is marked as Exhibit "C" and attached hereto and made a part hereof. Defendants have not responded to that letter. 8. Plaintiff retrieved one of its rental machines from Defendant on September 6, 2013, and one rental machine on September 25, 2013. 9. On or about November 25, 2013, Plaintiff was required to perform repairs on one of the machines leased by Defendants at the cost of$910.71. An invoice for this repair is marked as Exhibit"D" and attached hereto and made a part hereof. 10. Said repairs were required solely due to the negligence of Defendants' failure to properly care for the subject machines. 11. The amount due from Defendants for use of the two machines and for the required repairs is Eight Thousand Nine Hundred Ninety-Five Dollars and 60 Cents ($8,995.60) pursuant to the terms of the Agreement. 2 12. The aforesaid Agreement has not been released, transferred, or assigned by Plaintiff. 13. Defendants have breached their duty imposed by the aforesaid Agreement and are in default under the terms of the said Agreement for, inter alia, failing to make payment when due. 14. Any and all conditions precedent to payment being due to Plaintiff has been satisfied. 15. In spite of Plaintiffs demands for payment, Defendants' obligations under the terms of the aforementioned Agreement remain unsatisfied. 16. The Agreement specifically provides that Plaintiff is entitled to recover its attorneys' fees if it is required to commence a lawsuit to receive amounts due under the Agreement. 17. The amount due and owing Plaintiff by Defendants is Eight Thousand Nine Hundred Ninety-Five Dollars and 60 Cents ($8,995.60), together with interest, attorneys' fees, and costs. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants in the amount of Eight Thousand Nine Hundred Ninety-Five Dollars and 60 Cents ($8,995.60), together with interest, attorneys' fees, and costs. 3 Respectfully submitted, PECHT& ASSOCIATES, P.C. Dated: May , 2014 By: Wayne A Peclit, Esquire Attorney I.D.No. 38904 Rob Bleecher, Esquire Attorney I.D. No. 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 Attorneys for Plaintiff VERIFICATION I, Joseph Carotenuto, the President and CEO of Bortek Industries, Inc., Plaintiff herein, state that the averments contained in this document are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BORTEK INDUSTRIES, INC. Dated: May ' 2014 BY: , oseph Carotenuto, President& CEO EXHIBIT "A" � rr .r• A • r r ••. • • 'r � RENTAL AC-REEMENT/CONTRACT Date of Order 08/15/13 Delivery Date 08/16/13 Time Out T_'_00 Date/Time Required 08/16/13 _- Pick-Up Date TBD BY CUST Time In Purchase Order No. 63977 Account No. 4108481100 Sales Order No. 429256 Rep Code BW248 Bftl.:7o:lnforrrsatF ;:.:>.>;.:.<;:..:::<•.Y:...>:::<>,:...:>:.:<:;:;:.>;;:>:.:Y:;:........:.Y..D.................. . .. dGro tnc p'; ow,, on:. i:.;' fo Iztiftirmatt . Customer Priority Building Service Equipment Location _same Street Address 12 Carroll Street,Suite B Street Address City Westminster State M D Zip 21157 City State Zip Rented By Jeseph Walker Phone 410-591-6171 Contact Phone V. '>>'>............: >« ..... Dp4pn t and a e1.1. 1. . 11 ......................... ...... -A31520 Advance Warrior X28C w/charger 4000031520 3 :Rate iP/i1< ''e 1t r 17 Days Wook 1 /$314.00 /$839.00 4 $ � 1 30.00 $ 186.00 [j 4 Weeks .. ;a1ua tr: MercandlselSu Iles t Pr1 7 al:.:.......Subtafi3f`.: $ p.... iln t ce of zOl7r:Y::::YM':i;:aU5 Dc.;:::Y;:::>:a:::;,:<•::Y;::::Y;^z<z>%a>:;;;s8:�:;:;:>::%>:�s>:zaY:::;a:;;:>:>:»a:;•Y;>:::::: ::.::.:. ..... .E ......................... .. ..:. .... ....... 1 reR'eri al Coad''ioin°= Front <'a nu 5 ract-utS n � Left Right C— [] Includes Operators Manual/y Initials _Date `d/1('43 Initials Date Back Ihave read,discussed and understand the terms and conditions of the agreement and WFInTEN SAFF:1-Y INSfFtUCTIONS:I have been given and agree to read safety agree to be bound thereto.SIGNING PERSONALLY AND FO ME CUSTOMER. Instructions Do-ore operating or allowing rental equipment to be operated or used. e e `D l . . Pr'k ........::::n..::.:. M. Custonvr Signature Customer Signature Date Date ceexrc�wFa� ulsA Iwc [�aneix �blt�er r.�� ExP Wars` 7 Y c4ae "„`'E .w..:.mw...nv..:n..wM.nxw..W...rwr.rvn.....Y....e,n.m.:n.0 e....mx..r.n•.n...n.w:!i.«i:>:J::::i::::•'.%'i:?>i:w.n.n.:n..a........nv..n..:.x..nv:wvxw.rvrw.w,,,w•.,Jn..R.,,wn„J.v::k:�:wn„v.....:......r.....N.r-..v...Ww.r.r:r...r..:r..nv,..v.r.r.1. RAW 5-12 Copyrights 2012 aortek Industries,Ina RENTALICONTRACT TERMS AND CONDITIONS It is our intention to serve you well and our responsibility to provide equipment which will perform as it is designed and intended to by the manufacturer.it is also our intention to be realistic about the high cost of misuse,abuse,neglect and safe keeping of this costly,equipment and therefore to spell out your responsibility as a user of the equipment.Please read all of the terms before signing this agreement. The condition of the machine is to be checked closely both upon receipt and return,it is expected that the unit will be returned in essentially the same condition aswhen delivered. Rental rate covers the cost of normal wear and tear,excluding ground-engaging components. In signing this agreement,upon delivery Renter accepts full responsibility for the physical safety of the machine until returned.Renter also agrees that the delivery and installation have been satisfactorily completed.Operation and maintenance of the machine have been fully explained to the Renter.Bortek Industries cannot be responsible for injury to property or person caused by the machine while the machine is in the possession of the Renter.Any repair work required by physical damage sustained during the rental will be charged to the Renter at our regular service rates.This includes both ort-site and in-shop repairs.It is in Bortek Industries'sole discretion to determine whether repairs are done on-site or in-shop. If a machine Is damaged beyond repair,the Renter will be charged the market value of the machine as of the beginning of the rental.Any accidental costs Incurred in the process of determining whether the machine is repairable prior to the date the damage was sustained will also be the Renter's responsibility.Any clean up or maintenance charges required to put machine into pre-rental condition will be charged to the Renter.Hoppers are to be emptied of debris,filters cleaned out,and tanks emptied.In severe dust situations beyond normal,filters and radiators require maintenance during the rental.The scheduling of maintenance is the responsibility of the Renter.Any repair work required due to damage to machine that is the result of Renter's failure to schedule needed maintenance and/or clean up shall be charged to Renter.Machine is subject to a final internal inspection upon return to our facility.Renter is responsible for performing daily operator's maintenance in accordance with the unit's operator's manual,including:blowing out all filters,checking all fluids levels and any other checks outlined in the operator's manual.Radiator fif equipped)must be blown out daily. In consideration of!he hiring of the Egalpment described wtihaat opemtw.by the undersigned(hereafter referred to as the-Renter-)hart the company named on the reverse side(hereinafter referred to as'raorteIc)upon the terms and conditions, and fa the pace herein spe,cifed,it is ayced at 1.RENTAL AND TERM:begins an the dale.$time specified as"DELrVERY DATE'and lerntnates on the date and time specified as'PICK-UP DATE"unless amended In writing on the reverse of this contract Rental charges commence on delh'ery of Egtdpment to Renter and end upon ream of equipment to Borteks premises.Bortek may terminate Rental at any time and take possession of the equipment Renter agrees to pay on return of Equipment to Boneles premises,all charges and costs ter the use thereat.Renter's tight to use are Equipment terminates on the expiration and due dares set forth above unless extended in writing by Bortek 2.CONDITIONS OF HIRING,INSPECTION PRIVILEGE AND WAIVER OF DEFECTS:Renter accepts and hires the Equipment on an'as is'basis.Renter acknowledges receipt of all equipment In good worldng condition and repair and declares that Ranter fully understands Its proper operation and use.Renter acknowledges and declares thit Renter has examined the Equipment with all devices and materials on the agreement,and Renter declares that he tics received oil of such Equipment in a secure and opera live condition. 3.EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR:Renter Will Immediately discontinue use of the personal property should It at anytima,following the execution of this agreement or any subsequent agreement,became unsafe or in a state of disrepair.Furthermore,the Renter will immediately nottty Sortak that the Equipment Is unsafe or in disrepair and until such time as Bortek has regained possession the Renter agrees to take all steps reasonably necessehy to prevent Injuries to arty person and all property from the Rental Equipment or product 4.COMPLIANCE WITH LAWS:Renter acknowledges that Bortek has no control over the use of r:qulpment by Renter,and Renter agrees at itis sole expense,to comply with o(l municipal,country,state and federal Taws, ordinances and regulatnns,Including the Occupational safety and Health Administration Act of 1970(OSHA)which may affect ire equipment while it is In the possession of and use by the Renter.Renter shall not permit any person who Is not legally qualified to use Equipment 5.PERMITTED AREA OF USE OF EQUIPMENT:without Sondes written consent Renter shall not remove the Equipment from the facility in which novas rented. 6.RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT.Renter shall riot abuse,farm or misuse the Equipment Render shall not pernft any repairs to be made or Oen to be placed upon the Equipment wbOut Borteks written consent.in the event w any accident or casualty resorting in bodily Injury or property damages arising out of Renter's use and hiring of told Equipment,Renter agrees to accept iesponsitillty therefore and:hall hold Bortek harmless from any clnims or action arising therefrom Renter shall furnish Bortek with a complete report of erry accident Involving said Equipment including names and addresses of all persons Involved and all witnesses.Untess otherwise spectfied herein,In case of the loss or destruction of any part of the Equipment,or of less of possession thereof,or Inability to return the same to Bortek,on the expiration and due date,for any reason wthalvoever.Renter shall pay Bortek the actual replacement cost thereof,and in addition tihereto Bortews loss use of sold equipment 7.DISCLAIMER WARRANTIES:BORTEK MAKES NO WARRANTIES,EXPRESS OR IMPLIED AS TO THE EQUIPMENTS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.Rental's sole remedy for any taflure of or defect In the Equipment shall be termination of the rental charges at the time of fellow,provided the Equipment Is returned to Bortek within 24 hours alter such failure.Bortek shat not be responsible for any loss,damage or Injury to Renter's pruperty,Including incidental.special or consequential damages,In any way connected with the operation,use,detect in or failure of the Equipment 9.USE OF DEPOSIT,AND LIABILITY FOR LATE PAYMENT UPON BREACH BY RENTER:Renter acknowledges that to purpose and Intent of the deposit paid by Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the fun and complete performance of each of all the terms,covenants and agreements to the performed by Rerder hereunder.Renter agrees to pay a late payment penalty at dhe rate of one and one half(1112%)perryent per month on all de4lnquenl accounts. S.INDEMNIFICATION OF SORTEK BY RENTER:Renter expresslyy indemnitas and holds Bortek harmless of,from and against any and all datms,loss,damages,attorney's fees andlnr liability In ronnection with the hiring end use of the Equipment regardless of whether a Lawsuit Is filed In the event a suit Is Instituted by Bcrtak to recover possession of said Equipment,of to enforce any office tenths,conditions or provision hereof.Render agrees to pay all costs and reasonable attorney's lees of Bortek Incurred In connection therewith. 10.THEFT WARNING:Falure to return Equipment on the expiration and due date In certain kircumsianres will be considered a then,resulting!n a c'minal prosecution. 11.TAXES:Renter agrees to pay any end all taxes,license fees,or permit fees arising out of the hiring and use of the Equipment.Renter agrees to pay said axes whether sold Was appear as part of the face of ads contract or whether sold taxes ere later claimed by the government authority far taxes arising out of this transaction.Renter agrees to pay Bortek said taxes upon demand. 12.TITLE.,to the Equipment is and shall remain In Bortek.If tie Equipment Is levied upon for any reason whatsoever,nortek may retake the equipment without notice or legal process,and may hake action reasonahyy necessary to do so. 13,CONSTRUCTION:The paragraph headings used herein are for convenience only and ere notto be used in construing the meaning or Intent of arry of the terms or provisions of the Rental Contract. I&A.DAMAGE WAIVERIDEPOSIT POLICY ON RENTALS(COD R OPEN ACCOUNTS):The deprsft required Tara renal is one term of the rental price.,Le e 1 week rental requ.res a 1 week deposit.A 1 month rental requires a 1 month deposit amount,and so on.Example:Advenger rents for 392&week Damage deposit Is$029,00.Deposits fall under one of the two fisted scenarios.Open Account By signing our rental agreement,Renter agrees that In me event of any damage,Bortek Industries has tine right to charge up to the amount of the initial deposit for repairs of our machine without approval from Renter.Cash-Check-Credit Card Renters:In the case of a check or rash on deltvery,the Renter also must supply a second check or cash as a sao:urrty deposit In the event of damage trn unit Bortek will told the deposit funds for use In Ohs event of damage to our machine and has the right to repair damage whtiout Renter approval up to the$$amount of the deposit.However,should the damage exceed the deposit$$,the customer Is required to provide payment for the balance due to cover 100%o1 the damage.In the case of a credit card transaction,Bortek will pr"whorize the card for the amount of the deposit to ensure the proper funds are available if needed to repair our machine. Ida.DAMAGE WAIVER POLICY WITH INSURANCE CERTIFICATE:The Renter agrees to pay Bortekfor all less and damages occasioned by fire,theft,flood,accident,explosion,wreck and act of God or any other causes that may occur during the terms of this agreement,and until the equipment has been returned to the possession of and accepted by Bortek The replacementvalue of the equlpment Is agreed to be as stated above.The Renter agrees to protect Bortek against an loss,damage,expense and penatly arising from any action on account of any Injury to person or property of any nature whatsoever occasioned by the operation,handling or trami crtetion of the equipment during the rental period and while said machinery and equipment is In the possession or under the oaustothy and control of Renter or Its Renter.The Renter hither agrees to protect Sottak with full Insurance coverage,said Insurance to cover damage occasioned by lire.Matt good,explosion,accident,act of God,or any other cause,that may coca during the rental period and to protect Bortek for public liability Insurance for coverage to the Omits of the State laws in which the equipment being used.The Renter agrees to maintain general liability Insurance In an amount not less than 51,000,000 per occurrence and workers CompemaUon Insurance as required by statute.Evidence of such insuranceshat be presented to Nortek by way of a Certificate of Insurance which shall provide Bortak 30 days prior wrifien notice i sold Insurance is L,)be cancelled or materially reduced.Bortek,Industries,Inc.Is to be named as ADDITIONAL INSURED and lass payee.The Renter covenants and agrees to protect,Indemnify and save harmless Sortak,Its officers,employees,agents and servants from and against any and e9(lability,loss and expense,Including counsel fees,which may be suffered by Bortek Its officers,employees,agents and servants,and from and againstary and all claims,demands,and suits which may be brought against norek,is officers,employees,agents and servants,on account of damage to or failure of the equipment or Injury to any person or property,which may occur for any reason whatsoever, Including the sole or joint negligence of Nortek its officers,employees,agents,or servants. 15.HAZARDOUS USAGE:The,Renter agrees they are not permitted to Use Bartels ekplpmCntior the pickup of any,hazardous materials or waste,Including but not limited to 4ldrtarry,Lead,any form otAsbestcs,Pesticides, (lain',Acids,liasas,Cyanides,oxidizers.Radioactive waste,anything hazardous.The Renter also agmes that In the event they do use ma equipment in that type of environment they aro responsible for the paymentfor the entire rental Invoke,the purchase price of Vie rental machine,the cost of disposal for the rental machine,and the replacement price of a new machine for Borteles rental Leel IMPORTA)YODES • THE RENTER IS RESPONSIBLE FOR ALL DAMAGES TO BORTEK EQUIPMENT. • HAZMAT LAWS PREVENT BORTEK FROM TRANSPORTING UNKNOWN WASTE.THEREFORE,TANKS AND HOPPERS MUST BE EMTIED AND RINSED PRIOR TO PICKUP. • PICKUP TIMES ARE NOT PRE-ARRANGED UNLESS INDICATED BY"DATE IN"FILLED OUT AT DELIVERY.CALL WHEN YOU ARE DONE WITH THE EQUIPMENT.TO SCHEDULE PICKUP CALL 800.626,7835.MiSSINGIL.OST PROPANE TANKS ARE BILLED AT$2.50 EACH. • MISSINGILOSTIDAMAGED BATTERY CHARGERS ARE BILLED AT$550 EACH. • GROUND ENGAGING COMPONENTS(I.E.BROOMS,BRUSHES,SQUEEGEE BLADES,ETC.)ARE BILLED ADDITIONALLY. i N WiTNF.,S.R NMERCOF,Vie parties have caused this Agreement to the executed in duplicate,each of Bortek industries,Inc. which shall axrsti(ute an original.by their duty auliorirad rtepresertaWs as of the date atom witte.n. ce Customer(Full Le al Name) Signature rpt Date E Priority Buildin Serv' a Signature Date gni i pi z Print Name G to s T k 1,q,JQ Title 0,;,•. U 1 Print Name Title SWp{� cc Notes EXHIBIT "B" PNS Banka NrA. � - Return Items Dept. F6-F166-03-3 Date: Sep 11, 2013 Advice D-101549 Items which you deposited have been Acct: 40/xxxxxxxxxxxxxx0282 returned unpaid. Items redeposited are indicated with an asterisk(*). Please REASON -ACCOUNT DEP DATE ITEM AMOUNT direct inquiries to Client Services. NSF/UNC 2853571897 09/09/2013 $3,000.00 BORTEK INDUSTRIES INC 4713 GETTYSBURG:RD MECHANICSBURG,PA 17055-4326 1 Item(s)charged totaling $3,000.00 Advice total: $3,000.00 10 L 549��' *031000.053* A' 0.9/11/2013 NSP 99000 This is a LEGAL COPY of o f your H PR16 ny BUILDING SERVICES INC o 12 CARROL.ST 77445 check.You can use it the same (N SURE B e5a2a550 way you would use the original wESTMWSTER,MD 21157-8652 _ l zesas��a9� check. . RETURN REASON-A NOT SUFFICIENT FUNDSr�-I .o Par to theb Order of ` = tire o ul h�saI) l / � _ -- '�� �D Dollars Citi p :� p O El kn a'+cMA ' O �11 rn FoJW 5003.20 + 897u 77445__^ ....". n. .. r. w..... wyM.;w . - ... . ',_'trW^+..r'C"^.pkyR....y.0 r..W}•.vii+w..•_.. -.. '• 4 +:05500320.1+: 28535 ?189 ?II' ? ?44.5 �"0000300000mi, *031000053* 09/11/2013 99011636 RR - A ! Fo.iD,eposit•'-©nfy to� �• :�. • _ . C'u5t: Bortek"fndU--tries -*nc:• ' Loc: Hkaclquarters. Deposited by: 539.850jodes` . fxf Q 1^:u,^, wt!�:�...rM!;1re�• Id •nils.+nilnra i f ude. ' 1..rllA l..i .'II•. • 4{rl�i.l Illi'fW '�t c fl: I� Jt,L?rgi'clBd:�• "'1 �: �••�rt C'f.A.1 f' •Xf•• .e: .h:.t4?hgi¢�,1l mhai+ II •G,J�'.:Y...la o:..:••11'lY.,'n Oh M 4}4 C{Adi?r•h•}yJ �-. `�� �s,i:• .<u:u.of:+acii agtrcer an:ulh � •h.`srnfess.,!y '{r.0;.rx r.irnRytF.a=nnpJ � .. l- . EXHIBIT "C" Corporate Headquarters INDUGIRICS,114C. Jeseph Walker September 25, 2013 812 Ewing Drive Suite B Westminster, MD 21158 "This.is to advise you that we have been unable to contact you via telephone. regarding the equipment that you still have of Bortek Industries, Advance Warrior X28C WBSC S/N 4000031520. We asked for payment for the balance on the account and check#77445 was submitted for$3000 which did not cover the -balance on the account nor was the check any good as it was returned for insufficient funds. We are asking that the balance in full of$8084.89 be submitted within .10 days of this notice via credit'card, cash or money order and the machine return as this was just a rental unit. If the balance is not paid in full and the equipment not returned legal action.will be taken for theft of the equipment and also for the insufficient check. Your prompt attention is requested in this matter. JMiller 4713 Old Gettysburg Road Mechanicsburg, PA 17055 717-737-7162 Ext. 240 EXHIRL « �� _ utnvtice � ED097153 DUN Remit To: � �}:���d;�, ���� ,`�>�� �k � Bortek Industries,Inc. ; INDUSTRIES,INC. a '� 1 4713 Old Gettysburg Road ,,,J BORTEK INDUSTRIES Mechanicsburg,Pa 17055 ��� � _�ate� � .�� �" �� 11/25/2013 BORTEK INDUSTRIES,INC. 800-626-7835 W ,!,,Y =.-a aa* ,3,W, 9 4713 OLD GETTYSBURG ROAD Fax:717-737-7591 MECHANICSBURG,PA 17055 www.sweeperiand.com Sold To: 4108481100 ship To: RENTAL PRIORITY BUILDING SERVICES PRIORITY BUILDING SERVICES 12 CARROLL STREET SUITE B 12 CARROLL STREET SUITE B WESTMINSTER, PA 21157- WESTMINSTER, PA 21157- JESEPH WALKER 410-591-6171 1119 lr Wllt - ; a C><istomeru m rs„ 63977 11/25/2013 JOSH MCNAUGHTON NET 30 DAY MD rware aar , 3 is �S 3, ,a� F D0433137 BORTEK INDUSTRIES EQUIP. DIV. PrePaid SHOP S"" uk U 211, as.- -�s�,t'7" .. ., _ - , •dos y.„ .;.� AD56314697 SQUEEGEE ASSEMBLY""D"" 1 EA 692.00 EA 692.00 LABOR12 TECH,JOSH MCNAUGHTON 1.00 EA 110.95 EA 110.95 ORG WO 433137 ADVANCE WARRIOR X28C SN:4000031520 RENTAL START 8-16-13 RENTAL END 9-25-13 HR MT OUT 33.4 HR MT IN 39.4 FRONT COVER HINGE BENT THUMB SCREW MISSING FOR THE SQUEEGEE MOTOR MINOR SCUFFS RENTAL RETURN/SEIZURE FROM PRIORITY BUILDING SERVICES **CUSTOMER GAVE US THE INCORRECT SQUEEGEE WELDMENT UPON RETURN OF THE MACHINE-BILL TO CUSTOMER FOR NEW WELDMENT** ATTACHED THE NEW SQUEEGEE ASSEMBLY. Additional Charges: Ship&Handling 56.21 Taxes: MARYLAND STATE TAX 51.55 Late Payments are subject to a 1.5% service chi .^:n� -s � � h� 4u4 �:} ,� �_ - h� i ' {'17 X11 �.: i } 3d•ai �� -� t� 7 � r 1 � - -',402, 1.. }.' '. >�„*'' } "3 '}' t„•,_r�i?' Y 802.95 51.55 56.21 0.00 910.71 2023_12