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HomeMy WebLinkAbout06-5836IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) Plaintiff, ) V. ) FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) No. -Sr tu NOTICE 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 claims 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 (717) 249-3166 Date: September ?, 2006 FITZPATRICK LENTZ & BUBBA, P.C. BY: Ryan . Foley, Esquire Attorney I.D. #89986 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) Plaintiff, ) V. ) FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) No. a(c -?b (21.Z--an COMPLAINT IN REPLEVIN Plaintiff, Williams Scotsman, Inc., by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., files the following Replevin action and in support thereof avers as follows: 1. Plaintiff, Williams Scotsman, Inc., is a Maryland corporation which is authorized to do business in Pennsylvania, with a Pennsylvania address of 804 Katie Court, Harrisburg, Pennsylvania 17109. 2. Defendant, Fred Sullenberger, is an adult individual doing business as Capital Recovery at 167 Enola Road, Enola, Cumberland County, Pennsylvania 17025. 3. On or about June 30, 2005, Defendant executed a Lease Agreement in favor of Williams Scotsman, Inc. ("Lease") wherein the Defendant leased a 24' x 8' Modular Office Trailer (serial number MSW-00138) ("Trailer") from the Plaintiff. A true and correct copy of the Lease is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Defendant's lease payments are five months in arrears in the amount of $1,189.60. 5. Defendant has failed and refused, despite repeated demands by Plaintiff, to pay the balance due under the Lease or deliver possession of the Trailer to Plaintiff. 6. Plaintiff has been unable to repossess the Trailer as Defendant has refused to disconnect the power or cooperate with the repossession. 7. Defendant has no equity or interest in the Trailer as the Plaintiff is the owner. WHEREFORE, Plaintiff demands judgment of possession together with interest and costs of suit. Date: September, 2006 FITZPATRICK LENTZ & BUBBA, P.C. BY: D 4 L' Ryan G. oley, Esquire Attorney I.D. #89986 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff VERIFICATION I, Jody L. Plitt, do hereby verify that I am authorized to make this Verification on behalf of Williams Scotsman, Inc.; and that as such, make this verification and aver that the facts set forth in the within Complaint are true and correct to the best of my knowledge, information and belief and that I am making these statements subject to the penalties of 18 PA C.S.A. 4904 relating to unsworn falsifications to authorities. Dated: 2?(p YO y . Pli Wednesday, June 29, 2005 11:47 AM 717-728-9099 Fax:16147599960 Jun 2B ZUUb ib:ju r.uc SrACENY LEASE AGREEM ENT WXL1AAh2S SCOTSKAN, 11- 604 xade come Lem" here Ourg, PA 17109-3979 SCOTSMAN 717-561-g3a0. 8 0--W I5W FAX 717-5614376 taae,a. anC?+?swr.aa>ieaMe • Leap= CAPITAL RECOVERY 167 Pnola Road Eit K IPA, 17025 Tedepboue:: (717)648-9199 CU000 rt 0- 9209530 ModdSixt: 24 B Serial Number WSW-OD138 Delivery Date: 0001C15 Bquipmeat Value $6,433.00 Minimum Lease Texala: 4 months MonaAly Rural Rile: $195.00 p.02 This Osmaneat is made as of 0628105 by Wauma$ Scocuilan Inc., a Maryland corporation. (hereinafter referred to as Lessor) and do Lessee immod above. I.a:stOt bmthy as= to lease w the Lessee and the Leases baebY agrees Lo lease nyd rent from LC$sor the trance(s) aodlor ralocafaWc, modular ud10[ prefiboc cued urwww(s) dcwn%cd above togcd= with stairs and nalings, fmmisme and other hems attached or apps wmM dkarew (hereinafter Idattad b oolloeavoiy a.7 the 'EquOwat') NOTx?: L)'SM IS RESPONMI,E FOR DAMAGE TO 7W BQUIPMWT IN ACCORDANCE WITH PARAGRAPH 9, L0, & 11 OFIESSOWS t1E OLAL TERMS AND CONDITIONS (6002) 1. LIABILITY WAIVER: LESSEE ACC WTS-I NES to pay and additional $15.0(1 each month in consideration of ft went on the Pon of dhe Lrneaa eoolainod in Paragraph 1 I (A) of t!w General Tams and Calulkiom 2. PHYSICAL DAmAaE wAIVF1t: LESSFE_,AcSEM---DBC LMVS to pap an addai mal $25 OD each month in comsidaatioa of the Agmear* on the part of the Lessor contested in Paragraph I I(S) of the Oemcml Terms and Conditions. BIII.W(3 UOUMIATION RENT MoonsOFFIM $135.00 Dl'iJ =fFREXAff $1ta:oo 1t1 A[Tk tEVELMAIERIAL $%_00 StOC KA IINM LABOR $41.00 XMCIODOVIN $$1.00 RETURN rtt» Suo.00 STIt/5 - RENTAL $45.00 VIL L ABtLM wALVLRL (STANDALt $ISAo SCALE A LOCAL SALES TAX $30.78 rA AUlO171iL ssa3-7$ AFM 04n-IAL YA.XMSNT HAS )BEEN MAIZE, A Manihly RENTAL OF $195.00 PLUS ALL APPLICABLE TAXES AND IIlxT PAYABLE Mom* ON DAY 20 Lessor is hereby au bgrit:ed to accept turd rely upon a facsim& swat= of Leases on chit Ageomeat. Any such siphature Shan be sealed as as wipual $ipatwe for nit pulposos. By exeLCatin6 this Agtoenoent, Lessee bereby agrees to be bound try LcsM" General. Tom awd CoeaMMoa (6+02) in tb -ir entirety, whjcb is incorporated herein by referenee, and which Lessee hereby Actnowladgrs receiving eontempmaxwoas wkb the receipt of this Aweememt. LESSEE: CAMA7L RECOVERY LESSOR William Sccotsman By: ?t? cl S?je,? bi2 1°? By:- l T Titic Title A i . •to;' ?iU AND 1WMEST OF THE LFSMR- HEREUNDER HAS BEEN PLEDGEI TS OF DENSCHE BW TRUST -ca, 4 1 ?'A. AGENT, FOR THE BENEFIT OF 'CSOR. THE LESSOR SHALL we w. Mqp lti i II1 eaEitbIii?RN01 Ddivenry Address: CAPITAL RECOVERY 167 Fnola Road FNOLA, PA 17025 Telephone: P.O. *: EQUIPMENT SPECIFICATIONS ALL RIGHT, TITLE AND KBEST OF THE LESSOR HEREUNDER HAS BEEN PLEDGEE TO, AND IS SUBJECT TO THE SECURITY INTERESTS OF DEUTSCHE BANK TRUST COMPANY Ah#ERRCAS, AS AGENT AND 0DUATFRAL AGENT, FOR THE KWIT OF hudr-'ww4wAN NDEBT®tos OF THE IFSSON THE LESSOR SHALL HAVE NO RIGHT TO TRANSfTBR ITS RIGHT, TITLE OR NTFREST HE UNDER TO ANY PARTY EXCEPT PIiRS(IANT TO AND IN ACOORDYo wa THE pROyMM OF THE RELEVANT SECI UTY OOCUMDR& EXHIBIT A WILLIAMS SCOTSMAN INC. GENERAL TERMS & CONDITIONS (6/02 1. True Lease. This Agreement is a true lease and not a sale. Lessee shall not acquire ownership interest in the Equipment. The Equipment shall remain the sole personal property of Lessor. 2. Delivery, Acceptance. Upon delivery' Lessee agrees to inspect and accept the Equipment- The Equipment is deemed finally accepted at the time of delivery unless Lessee notifies Lessor of a defect deficiency in writing within 48 hours after delivery. 3. Site Suitability: Inspection. Lessee shall choose a firm level site accessible by wck to locate the Equipment. If Lessee fails to provide such a site, then Lessee shall pay for any resulting additional delivery and return charges. Lessee shall not alter the manner of installation or location of the Equipment without written consent of Lessor. Lessor shall have the rght to inspect the Equipment during the term of this Agreement. 4. Use; Maintenance; Condition. Lessee has the right to peaceably and quietly hold, use and enjoy the Equipment, subject to the terms and conditions of this Agreement. Lessee agrees not to remove existing nameplates or decals affixed to the Equipment. Lessee shall use the Equipment solely in the conduct of its business and in a careful and lawful manner. Lessee shall pay any and all fees, charges and expenses and comply with all laws related to the use, possession, and operation of the Equipment while it is in Lessee's possession, including obtaining all approvals and permits related to the use and/or possession of the Equipment. Lessee shall keep the Equipment in good repair and operating condition during the term of this Agreement in accordance with the Williams Scotsman Service Guide. Lessee shall not, without Lessor's prior written consent, make any changes, alterations or improvements in or to the Equipment or remove any parts, accessories or attachments from it. Lessor makes no representations as to the Equipment's compiiance with federal, state or local building codes, zoning ordinances, or other types of regulations or use codes. 5. Term of Lease; Extension. The term of this Agreement begins on the date of delivery of the Equipment, and ends on the later of the last day of the Minimum Lease Term ("Term") or the Extension Period (as herein defined). At the end of the Term, this Agreement is extended on a month-to-month basis until the Equipment is returned to Lessor (the "Extension Period"). During the Extension Period, Lessor has the right to, on 30 days notice, increase the Rate Per Month by the percentage increase in the Consumer Price Index (CPI). In the event the Lease extends beyond the Term, knockdown and return freight shall be at Lessor's prevailing rate. After the end of the Term, either party can terminate this Agreement on 30 days written notice. 6. Rent; Fees; Taxes: Late Char es. Rent begins to accrue on the Delivery Date. Lessee shall pay Lessor monthly rent for the Equipment on the due date at the Rate Per Month stated in this Agreement during the Term, and at the Rate Per Month established by Lessor during the Extension Period. If any payment is not paid on the due date, Lessee agrees to pay Lessor a charge of 1 ''/z% per month of the amount in arrears for the period such amount remains unpaid. Lessee shall pay or, if requested by Lessor, reimburse Lessor for any and all sales, use, personal property taxes, or other taxes, fees or assessments levied against or imposed upon the Equipment, its value, use or operation. Payments shall be effective upon receipt. Lessor may apply any payment from Lessee against any obligation due and owing by Lessee under this Agreement, regardless of any statement appearing on or referred to in any remittance from Lessee or any prior application of payment. The receipt by Lessor of a partial payment of any amount due to Lessor endorsed as payment in full will be deemed to be a pan payment only, and any endorsements or statements on the check or any letter accompanying the check shall not be deemed an accord and/or satisfaction. Lessee's obligation (without prior notice or demand) to pay rent and all other amounts due hereunder shall be absolute and unconditional, and not subject to any abatement, set off, defense, recoupment, or reduction. 7. No Liens. Lessee agrees to keep the Equipment free and clear of any and all claims, liens, encumbrances or attachments. 8. Indemnity. Lessee agrees to indemnify, defend and keep harrriless Lessor, its agents and employees, from and against any and all losses, claims, attorneys' fees and expenses related to: (a) the death of, injury to, or damage to the property of, any person or party related to or arising out of the use, possession, condition, return or repossession of the Equipment; and (b) the failure of Lessee to maintain the Equipment as agreed to herein. 9. Loss; Damag . Lessee assumes the risk of all loss and damage to the Equipment from all causes. Upon the occurrence of the total loss of the Equipment, to such an extent as to make the repair thereof uneconomical (in Lessor's opinion) Lessor shall declare the Equipment a Total Loss. In the event of a Total Loss, Lessee shall pay Lessor, on the next date for the payment of rent, the rent then due plus the Equipment Value as set forth herein (the "Total Loss Amount"). Upon receipt of the Total Loss Amount, the Lessee's lease obligation will terminate and Lessor will transfer title of the Equipment to Lessee. In the event of loss or damage to the Equipment that does not constitute a Total Loss, Lessee, at its sole cost and expense, shall pay for the repair of such damage as directed by Lessor to the condition required by this Agreement. 10. Insurance. Lessee's responsibility for the Equipment begins immediately upon delivery. Lessee shall obtain and keep in force during the entire Lease Term liability and property insurance as follows: (A) General Liability Insurance: A policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B) Property Insurance: A policy of insurance covering loss or damage to the Equipment, in an amount equal to 100% of the Equipment Value, providing protection against all perils included within the classification and special extended perils ("all risk" insurance). (C) General. (I) The insurance for the Equipment shall be issued by insurance companies satisfactory to Lessor. Within 10 days after the delivery of the Equipment, Lessee shall provide Lessor with Certificates of Insurance showing that the required coverages are in effect and naming Lessor as Additional Insured and Loss Payee. The Certificates of Insurance must provide Lessor with 30 days prior written notice of any cancellation. Any proceeds of such insurance shall be paid to Lessor and shall be applied to the replacement of the Equipment or payment of monies due under this Agreement, at the option of Lessor. Lessee shall comply with all requirements of the insurance underwriters or any governmental authority. (2) Lessee shall pay a fee of $5 per storage unit, $25 per 8' wide, $40 per 9' and 10' wide, $60 per 11' and 12' wide, and $80 per 13' wide and above mobile unit each month that Lessee fails to timely provide the required Certificate of Insurance for properly coverage. Lessee shall pay a fee of $5.00 per storage unit and $15.00 per unit for all other mobile units for each month that Lessee fails to timely provide the required Certificate of Insurance for liability coverage. Payment of such fees shall not provide Lessee with any insurance coverage, nor excuse Lessee from performing its obligations under Sections 8 & 9. 11. Insurance Waiver. (A) If Lessee has accepted the "Liability Waiver" and pays the required additional fees, then Lessee shall not be obligated to obtain the liability coverage described in Section 10(A) and Lessor agrees to release Lessee from its obligation to indemnify, defend and hold Lessor harmless against liabilities that would be covered by insurance up to the amount of $1,000,000 per occurrence. Lessee shall remain obligated against liabilities in excess of $1,000,000 per occurrence. (B) If Lessee has accepted the "Physical Damage Waiver" and pays the required additional fees then Lessee shall not be obligated to obtain the property insurance described in Section 10(B) and Lessor agrees to relieve Lessee of its liability for loss or damage to he Equipment for amounts in excess of $1,000 per unit per occurrence. This waiver does not apply to collision damage. (C) The waivers n contained hereunder may be canceled by either party upon 10 days prior written notice. If either or both waivers are canceled, Lessee shall provide Lessor a policy or policies of insurance as required in Section 10, together with the required Certificates of Insurance prior to cancellation. (D) insurance Waivers are not effective until requested by Lessee and paid for. Insurance Waivers are automatically extinguished or terminated on the date that rent or any other charges due to be paid by Lessee become late and unpaid. (E) The waivers set forth herein shall not be binding upon Lessor unless the loss, damage, injury or claim is reported to Lessor, in writing, within 72 hours of its occurrence. Lessee shall cooperate with and provide to Lessor all information pertaining to such event. Nothine contained herein shall constitut° a contract for insurance or othprwkP .,r,.,o,., r parties. 12. Defaults; Remedies. (A) Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following E" (1) Lessee shall fail to make any payment due hereunder within 10 days after its due date; (2) Lessee shall fail to perform oreventsobservevents " efault, ( anyofotherDterm): covenant, or condition of this Agreement, or (3) Lessee shall have defaulted under any other agreement with Lessor. (B) Upon the occurrence of an Event of Default, Lessor may declare this Agreement to be in Default, and thereafter may exercise any one or more of the following remedies: (1) Declare the rent for the Term and all other unpaid rent, fees, taxes and charges under this Agreement immediately due and payable; (2) Repossess, retake and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, legal process, or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein; (3) Sell or otherwise dispose of any or all of the Equipment in a commercially reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to the obligations of Lessee, with Lessee remaining liable for any deficiency; (4) Cancel this Agreement; and/or (5) Exercise any other right or remedy available to Lessor at law r in equity. Lessor's waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Agreement. No right or remedy referred to herein is intended to be exclusive, and each may be exercised concurrently or separately and from time to time. In the event Lessor shall repossess or retake the Equipment, and there shall be in or attached to such Equipment any property owned by, or in the custody or control of Lessee, then Lessor is hereby authorized to take possession of such property for a period of 10 days. Thereafter, any such property will be deemed abandoned, and Lessor shall have the right to dispose of it. (C) To the extent permitted by applicable law, Lessee and Lessor hereby waive any and all rights to recover any special, incidental or consequential damages. Lessee and Lessor waive all right to trial b u of all claims, defenses counterclaims and suits of anv ><i-I relating to this Agreement. 13.Return of Equipment; Termination of Lease. At the end of the lease term, Lessee shall make the Equipment available to Lessor, without impediment, at the Delivery Address or any other address to which Lessor has previously provided impediment to pick-up of the Equipment may result in additional charges to Lessee. Less ewillprovide ttLessorpwith at least 30i days advance of ce of the return of the Equipment..Tlie Equipment shall be "broom clean" and in the same condition as delivered to Lessee, ordinary wear and tear excepted. Termination will become effective only when the Equipment has been retumed to Lessor as herein provided and Lessee has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee agrees that prior to the return of the Equipment to Lessor or upon notice of its repossession, Lessee shall immediately disconnect all utilities, remove all of Lessee's personal property, its agents upon the premises where the Equipment may be located for return or repossession oft egEqu pment. Lessor shall not be liable for eepingsor .storing any personal property of Lessee left in or on the Equipment; such property the returned Equipment shall be deemed to be part of the Equipment and he pr pertyeof Les orbLessssee hall reimburse Lessor fore anydanddallocostss incurred related to the return of the Equipment and in repairing, cleaning or otherwise restoring the Equipment to its condition when delivered, ordinary wear and tear excepted. 14. Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the term of this Agreement that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers and light bulbs). Lessor shall have no liability for the repair of any defect or condition resulting from Lessee's relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment or for excessive wear and tear. The repair of the Equipment by Lessor, due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. Lessor shall have no liability whatsoever for any consequential, incidental or punitive damages, costs or expenses. Except as specifically provided herein Lessor disclaims any all warranties, express or implied, related to the E gin ment and any maintenance or repair work performed b Lessor including any warranties of merchantability, suitability or fitness for a particular purpose 15. Assignment. Lessee shall not assign this Agreement or sublet the ui ment without the prior written consent of Lessor. This Agreement shall be binding upon any permitted assignee or successor of Lessee. Lessor may assign any of its rights hereunder without notice to Lessee. 16. Miscellaneous. (a) Time is of the essence with respect to this Agreement. (b) This Agreement, when signed by both parties, constitutes the entire agreement between the parties, superseding and replacing all prior documents and representations, with respect to the subject matter hereof. It may only be amended by a document signed by both parties. (c) If any provision of this Agreement is deemed unenforceable for any reason, then such provision shall be deemed stricken and shall not affect the enforceability of any of its other provisions. (d) The obligations of Lessee under Sections 6, 7, 8 and 9, which accrue during he term of this Agreement, shall survive the termination of this Agreement. (e) If Lessee fails to perform any of its obligations hereunder, Lessor shall have the right to effect such performance; the amount of any out-of-pocket and other reasonable expenses of Lessor incurred in connection with such performance shall be payable by Lessee upon demand. (f) Lessee irrevocably appoints Lessor or its agents or assigns as Lessee's attorney-in- fact to execute any UCC financing statements, documents, and checks and drafts related to the payment of any loss, damage or defense under policies of insurance required by this Agreement. (g) This Agreement shall in all respects be governed b the laws of the state of Maryland. Lessee hereby consents and submits to the jurisdiction of the courts of Baltimore County, Md. for purposes of enforcement of this Agreement. Lessee hereby waives any and all rights to or claims of sovereign immunity. (h) Lessee will pay all costs and expenses, including reasonable attorney's fees, incurred by Lessor in enforcing any terms, covenants and indemnities provided herein. Lease Te-11 c«,d-,. R-i- voz Iv cl u •+ .? a ?. -? -TI T-l W A7 ? ^v - { r •? i, CD V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., Plaintiff, V. Defendant. r,,.. FRED SULLENBERGER d/b/a CAPITAL RECOVERY No. ©? -- ?3L l: l vI-L MOTION FOR WRIT OF SEIZURE Plaintiff, Williams Scotsman, Inc, by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., hereby moves for an Order for issuance of a Writ of Seizure, and in support thereof avers as follows: 1. On or about October 2, 2006, Plaintiff, Williams Scotsman, Inc, filed a Complaint in Replevin against Defendant seeking the return of a 24' x 8' Modular Office Trailer (serial number MSW-00138). A true and correct copy of the Complaint in Replevin is attached hereto and incorporated herein by reference as Exhibit "A." WHEREFORE, Plaintiff respectively requests that this Court enter an Order in the form attached hereto, directing the Prothonotary to issue a Writ of Seizure, and setting a hearing on whether to grant the issuance of the Writ. Date: September ?1 , 2006 FITZPATRICK LENTZ & BUBBA, P.C. BY: &?f!, ?? Ryan G Foley, Esquire Attorney I.D. #89986 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., Plaintiff, V. FRED SULLENBERGER d/b/a CAPITAL RECOVERY Defendant. No. NOTICE 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 claims 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 (717) 249-3166 Date: September A 7, 2006 FITZPATRICK LENTZ & BUBBA, P.C. BY: ev:n? 4. 9? ? Ryan . Foley, Esquire Attorney I.D. #89986 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) No. Plaintiff, ) V. ) FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) COMPLAINT IN REPLEVIN Plaintiff, Williams Scotsman, Inc., by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., files the following Replevin action and in support thereof avers as follows: 1. Plaintiff, Williams Scotsman, Inc., is a Maryland corporation which is authorized to do business in Pennsylvania, with a Pennsylvania address of 804 Katie Court, Harrisburg, Pennsylvania 17109. 2. Defendant, Fred Sullenberger, is an adult individual doing business as Capital Recovery at 167 Enola Road, Enola, Cumberland County, Pennsylvania 17025. 3. On or about June 30, 2005, Defendant executed a Lease Agreement in favor of Williams Scotsman, Inc. ("Lease") wherein the Defendant leased a 24' x 8' Modular Office Trailer (serial number MSW-00138) ("Trailer") from the Plaintiff. A true and correct copy of the Lease is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Defendant's lease payments are five months in arrears in the amount of $1,189.60. 5. Defendant has failed and refused, despite repeated demands by Plaintiff, to pay the balance due under the Lease or deliver possession of the Trailer to Plaintiff. 6. Plaintiff has been unable to repossess the Trailer as Defendant has refused to disconnect the power or cooperate with the repossession. 7. Defendant has no equity or interest in the Trailer as the Plaintiff is the owner. WHEREFORE, Plaintiff demands judgment of possession together with interest and costs of suit. Date: September ?J, 2006 FITZPATRICK LENTZ & BUBBA, P.C. BY: / Ryan G. oley, Esquire Attorney I.D. #89986 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff VERIFICATION I, Jody L. Plitt, do hereby verify that I am authorized to make this Verification on behalf of Williams Scotsman, Inc.; and that as such, make this verification and aver that the facts set forth in the within Complaint are true and correct to the best of my knowledge, information and belief and that I am making these statements subject to the penalties of 18 PA C.S.A. 4904 relating to unsworn falsifications to authorities. Dated: 2q?? 0 y . Pli Wednesday, June 29, 2005 11 47 AM 717.728-9099 Fax:161475S9960 Jun 2B 2UU5 l5:JU r.uc LEASE AGREEMENT tv1LI.tAMS SCOTSKAN Qw- SPA(A n ti04 1Caue: CoaR 0 l essoi HamouW PA 1'7109-5979 717 361$340.80078LIS00 SCOTSMAN FAX 717-561 376 treaa. otr..rtad.a. tom. a W= L DeWery Address: O CAPITAL RECOVERY CAPITAL RECOVERY 167 Eaola Road 167 Ewla Road Ewla, FA 17025 PNOL\, PA 17025 Tedepboae: (717)64&9199 Tekpboac: A: 9204530 WUIPMEKf SPECIFICATIONS Model Sias: 24 x 9 Squipmcnt Value- $6,435.00 Lease Team: 4 mouths Mwi serial Number: LISW-00139 500 w= 5195.00 blooMy Re wW Rate: Delivay Date. 06 - This apaeamtat is made as of 062&W by Williams Soo 161 Inc., a Maryland corporatima. (batiinafta ref red to as Les") ad e v L= w numod above, Lessor baeby agoa to lease w the Lessee trod the I.eaaw beaeby agrees to lease ad rent horn Lesser the trades(,) aodlor relocsA k, a O&W aa" ?yc? stmcuae(a) dcsc acd above toaetbrr with stain atd railints, t5aaicme and othu iteans aoracbW err app avinat hereto (hrseil9 fter (cdatod In collectively as the 'Ega*awat•) NonM IESSEE IS RE5FONSMI JE FOR DAMAGE TO THE BQuI mem w ACCORDANCE wrto PARAGRAPH 9, 10, & 11 OP LESSOR'S GENERAL TERMS AND CONDITIONS (6102) 1. LIABnM WAIaR- LESSEE ACC8P7'S__DEaD*-S to pay and additional $15-00 each moolb In eo=xla21kM of the Agreemm on the pat of the Leseas comdwd in Ptr'stsph I I (A) of the Geaecai Tams mad Canditioas. 2. PHYSICAL DAMAGE WAIVER: LTSSLW ACCEPTS-DBCLMS 90 WY all addit ml $25.00 each mon(h in coasklerafitnt of the Agtoemmt on the part of the I=wf cou4aned in Paraaapb 11(B) of the Gemml TaraS and Conditiow. BUIJM 124MRMATION te1FNr -MOD&SOFFIM 5115.00 5110.0D D?Y)? nl=tIE%jeL ,1A1;E AL $3$41A0 1.00 Kam't lEY& LABOR 11.00 KNOCKalt 1 st >t> nMN r " ss.00 STIWS - 2214MAL US.00 II+s.1JAROMY WAIVW (STANDAR 130.71 STA18 at IoCAL LMM TAX >yt I lA AINOt1ttt Ay= OffrIAL IFAYbMKT HAS ]BEEN MADF- A 1Nondlh RENTAL OF $195-00 PLUS ALL APPI.ICAM.E TAXES AND 1? PAYABLE Moathty ON DAY 20 Lessor is haeby awthormed to accept and re]y upon a fslc i SWUb ne of Lessee: on Qtit A0ame0. Any sash sigRature shall be ae acd at at octind signature for all pucpows. By executing this Agreement, Lessee bereby agrees to be bound by Lessor's Gesaal Tams sad Coadit m (6KM In their ea linty, whicb is iocarporaaed berm by tefacaa, and which lessee hereby acknowledges serdv!n contempatanovus with the receipt of this ABeemcnL LESSEE: CAPITAL RECOVERY = LESSOR: W isms ??. By: BY: Title! - Q t,rnec Title. ICT7?ir`' . ' p t ?iT.I AND 1'.JTIRrcT OF THE LESSOR HEREUNDER HAS 80 PIEDGQ `t.. .. - S DF DEUTSCHE BANK TRUST r . , s:•, ;:a, a . •'r1. AGENT, fOi THE BENEFIT OF ' N. THE LESSOR S'KL we Ave. bnp 1 + ?c 01 p 02 ALL RIGHT. TITLE AND INTEREST OF THE LESSOR HBiEi1NDER W Ba PLEDGE! TO, AND IS SUBJECT TO THE >; URITY INTERESTS OF DEUTSCHE BANK TRUST COMPANY AMERICAS, AS AGMT AND COLLATEML AGENT FOR THE YENIEfQ OF tuti INWITER S6 OF THE LESSOIL THE LESSOR SHALL HAVE NO RIGHT TO TRWN45M ITS RIGHT, TITLE M NTERM 1(61EUM TO ANY PARTY EXCEPT RR %W TO AND IN ACOORtYM WIN THE PROVISDNS OF THE RELEVANT SECURITY OOCUMD(M EXHIBIT A VLLIAMS SCOTSMAN, INC. GENERAL TERMS S CONDITIONS (6/0-1) 1. True Lease. This Agreement is a true lease and not a sale. Lessee shall not acquire ownership interest in the Equipment. The Equipment shall remain the sole personal property of Lessor. 2. Deliverv; Acceptance Upon delivery, Lessee agrees to inspect and accept the Equipment. The Equipment is deemed finally accepted at the time of delivery unless Lessee notifies Lessor of a defect/deficiency in writing within 48 hours after delivery 3. Site Suitability; Inspection. Lessee shall choose a firm level site accessible by truck to locate the Equipment If Lessee fails to provide such a site, then Lessee shall pay for any resulting additional delivery and return charges. Lessee shall not alter the manner of installation or location of the Equipment without written consent of Lessor. Lessor shall have the nght to inspect the Equipment during the term of this Agreement. 4. Use; Maintenance; Condition Lessee has the Tight to peaceably and quietly hold, use and enjoy the Equipment, subject to the terms and conditions of this Agreement. Lessee 3-gees not to remove existing nameplates or decals affixed to the Equipment Lessee shall use the Equipment solely in the conduct of its business and in a careful and lawful manner. Lessee shall pay any and all fees, charges and expenses and comply with all laws related to the use, possession, and operation of the Equipment while it is in Lessee's possession, including obtaining all approvals and permits related to the use and/or possession of the Equipment. Lessee shall keep the Equipment in good repair and operating condition during the term of this Agreement in accordance with the Williams Scotsman Service Guide. Lessee shall not, without Lessor's prior written consent, make any changes, alterations or improvements in or to the Equipment or remove any parts, accessories or attachments from it. Lessor makes no representations as to the Equipment's compliance with federal, state or local building codes, zoning ordinances, or other types of regulations or use codes. 5. Term of Lease; Extension. The term of this Agreement begins on the date of delivery of the Equipment, and ends on the later of the last day of the Minimum Lease Term ("Term") or the Extension Period (as herein defined)- At the end of the Term, this Agreement is extended on a month-to-month basis until the Equipment is returned to Lessor (the "Extension Period"). During the Extension Period, Lessor has the right to, on 30 days notice, increase the Rate Per Month by the percentage increase in the Consumer Price Index (CPI). In the event the Lease extends beyond the Term, knockdown and return freight shall be at Lessor's prevailing rate. After the end of the Term, either party can terminate this Agreement on 30 days written notice. 6. Rent; Fees; Taxes; Late Charges. Rent begins to accrue on the Delivery Date. Lessee shall pay Lessor monthly rent for the Equipment on the due date at the Rate Per Month stated in this Agreement during the Term, and at the Rate Per Month established by Lessor during the Extension Period. If any payment is not paid on the due date, Lessee agrees to pay Lessor a charge of 1 1/2% per month of the amount in arrears for the period such amount remains unpaid. Lessee shall pay or, if requested by Lessor, reimburse Lessor for any and all sales, use, personal property taxes, or other taxes, fees or assessments levied against or imposed upon the Equipment, its value, use or operation. Payments shall be effective upon receipt. Lessor may apply any payment from Lessee against any obligation due and owing by Lessee under this Agreement, regardless of any statement appearing on or referred to in any remittance from Lessee or any prior application of payment. The receipt by Lessor of a partial payment of any amount due to Lessor endorsed as payment in full will be deemed to be a pan payment only, and any endorsements or statements on the check or any letter accompanying the check shall not be deemed an accord and/or satisfaction. Lessee's obligation (without prior notice or demand) to pay rent and all other amounts due hereunder shall be absolute and unconditional, and not subject to any abatement, set off, defense, recoupment, or reduction. 7. No Liens. Lessee agrees to keep the Equipment free and clear of any and all claims, liens, encumbrances or attachments. 8. Indemnity. Lessee agrees to indemnify, defend and keep harmless Lessor, its agents and employees, from and against any and all losses, claims, attorneys' fees and expenses related to: (a) the death of, injury to, or damage to the property of, any person or party related to or arising out of the use, possession, condition, return or repossession of the Equipment, and (b) the failure of Lessee to maintain the Equipment as agreed to herein. 9. Loss; Damage. Lessee assumes the risk of all loss and damage to the Equipment from all causes. Upon the occurrence of the total loss of the Equipment, to such an extent as to make the repair thereof uneconomical (in Lessor's opinion) Lessor shall declare the Equipment a Total Loss. In the event of a Total Loss, Lessee shall pay Lessor, on the next date for the payment of rent, the rent then due plus the Equipment Value as set forth herein (the "Total Loss Amount"). Upon receipt of the Total Loss Amount, the Lessee's lease obligation will terrrtinate and Lessor will transfer title of the Equipment to Lessee. In the event of loss or damage to the Equipment that does not constitute a Total Loss, Lessee, at its sole cost and expense, shall pay for the repair of such damage as directed by Lessor to the condition required by this Agreement. 10. Insurance. Lessee's responsibility for the Equipment begins immediately upon delivery. Lessee shall obtain and keep in force during the entire Lease Term liability and property insurance as follows: (A) General Liability Insurance: A policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B) Property Insurance: A policy of insurance covering loss or damage to the Equipment, in an amount equal to 100% of the Equipment Value, providing protection against all perils included within the classification and special extended perils ("all risk" insurance). (C) General. (1) The insurance for the Equipment shall be issued by insurance companies satisfactory to Lessor. Within 10 days after the delivery of the Equipment, Lessee shall provide Lessor with Certificates of insurance showing that the required coverages are in effect and naming Lessor as Additional Insured and Loss Payee. The Certificates of Insurance must provide Lessor with 30 days prior written notice of any cancellation. Any proceeds of such insurance shall be paid to Lessor and shall be applied to the replacement of the Equipment or payment of monies due under this Agreement, at the option of Lessor- Lessee shall comply with all requirements of the insurance underwriters or any governmental authority. (2) Lessee shall pay a fee of $5 per storage unit, $25 per 8' wide, $40 per 9' and 10' wide, $60 per I V and 12' wide, and $80 per 13' wide and above mobile unit each month that Lessee fails to timely provide the required Certificate of Insurance for property coverage. Lessee shall pay a fee of $5.00 per storage unit and $15.00 per unit for all other mobile units for each month that Lessee fails to timely provide the required Certificate of Insurance for liability coverage. Payment of such fees shall not provide Lessee with any insurance coverage, nor excuse Lessee from performing its obligations under Sections 8 & 9. 11. Insurance Waiver. (A) If Lessee has accepted the "Liability Waiver" and pays the required additional fees, then Lessee shall not be obligated to obtain the liability coverage described in Section ]0(A) and Lessor agrees to release Lessee from its obligation to indemnify, defend and hold Lessor harmless against liabilities that would be covered by insurance up to the amount of $1,000,000 per occurrence. Lessee shall remain obligated against liabilities in excess of $1,000,000 per occurrence. (B) If Lessee has accepted the -Physical Damage Waiver" and pays the required additional fees, then Lessee shall not be obligated to obtain the property insurance described in Section 10(B) and Lessor agrees to relieve Lessee of its liability for loss or damage to the Equipment for amounts in excess of $1,000 per unit per occurrence- This waiver does not apply to collision damage. (C) The waivers contained hereunder may be canceled by either party upon 10 days pnor wntten notice. If either or both waivers are canceled, Lessee shall provide to Lessor a policy or policies of insurance as required in Section 10, together with the required Certificates of Insurance pnor to cancellation. (D) Insurance Waivers are not effective until requested by Lessee and paid for Insurance Waivers are automatically extinguished or terminated on the date that rent or any other charges due to be paid by Lessee become late and unpaid. (E) The waivers set forth herein shall not be binding upon Lessor unless the loss, damage, injury or claim is reported to Lessor, in writing, within 72 hours of its occurrence. Lessee shall cooperate with and provide to Lessor all information pertaining to such event. Nothine contained herein shall constitute a contract for insurance or otherwise protect Lessee from liability to third parties L. Defaults; Remedies (A) Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following events ("Events of Default"). (1) Lessee shall fail to make any payment due hereunder within 10 days after its due date; (2) Lessee shall fail to perform or observe any other term, covenant, or condition of this Agreement, or (3) Lessee shall have defaulted under any other agreement with Lessor (B) Upon the occurrence of an Event of Default, Lessor may declare this Agreement to be in Default, and thereafter may exercise any one or more of the following remedies: (1) Declare the rent for the Term and all other unpaid rent, fees, taxes and charges under this Agreement immediately due and payable, (2) Repossess, retake and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, legal process, or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein, (3) Sell or otherwise dispose of any or all of the Equipment in a commercially reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to the obligations of Lessee, with Lessee remaining liable for any deficiency; (4) Cancel this Agreement; and/or (5) Exercise any other right or remedy available to Lessor at law or in equity. Lessor's waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Agreement. No nght or remedy referred to herein is intended to be exclusive, and each may be exercised concurrently or separately and from time to time. In the event Lessor shall repossess or retake the Equipment, and there shall be in or attached to such Equipment any property owned by, or in the custody or control of Lessee, then Lessor is hereby authorized to take possession of such property for a period of 10 days. Thereafter, any such property will be deemed abandoned, and Lessor shall have the right to dispose of it. (C) To the extent permitted by applicable law, Lessee and Lessor hereby waive any and all rights to recover any special, incidental or consequential damages. Lessee and Lessor waive all right to trial b u of all claims, defenses, counterclaims and suits of any kind arising from or relating to this Agreement. 13.Return of Equipment; Terrnination of Lease. At the end of the lease term, Lessee shall make the Equipment available to Lessor, without impediment, at the Delivery Address or any other address to which Lessor has previously provided written approval of relocation of the Equipment. Any impediment to pick-up of the Equipment may result in additional charges to Lessee_ Lessee will provide Lessor with at least 30 days advance notice of the return of the Equipment. The Equipment shall be "broom clean" and in the same condition as delivered to Lessee, ordinary wear and tear excepted. Termination will become effective only when the Equipment has been returned to Lessor as herein provided and Lessee has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee agrees that prior to the return of the Equipment to Lessor or upon notice of its repossession, Lessee shall immediately disconnect all utilities, remove all of Lessee's personal property, and vacate the Equipment. Lessee hereby consents to entry by Lessor or its agents upon the premises where the Equipment may be located for return or repossession of the Equipment. Lessor shall not be liable for keeping or storing any personal property of Lessee left in or on the Equipment; such property will be deemed abandoned by Lessee. Any accessories and additions to the returned Equipment shall be deemed to be part of the Equipment and the property of Lessor. Lessee shall reimburse Lessor for any and all costs incurred related to the return of the Equipment and in repairing, cleaning or otherwise restoring the Equipment to its condition when delivered, ordinary wear and tear excepted. 14. Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the term of this Agreement that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers and light bulbsj. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee's relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment or for excessive wear and tear. The repair of the Equipment by Lessor, due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. Lessor shall have no liability whatsoever for any consequential, incidental or punitive damages, costs or expenses. Except as specifically provided herein Lessor disclaims any all warranties, ex Tess or implied. related to the Equipment and any maintenance or repair work per-formed b Lessor including any warranties of merchantability, suitability, or fitness fora particular purpose 15. Assignment. Lessee shall not assign this Agreement or sublet the Equipment without the prior wntten consent of Lessor. This Agreement shall be binding upon any permitted assignee or successor of Lessee. Lessor may assign any of its fights hereunder without notice to Lessee. 16. Miscellaneous. (a) Time is of the essence with respect to this Agreement. (b) This Agreement, when signed by both parties, constitutes the entire agreement between the parties, superseding and replacing all prior documents and representations, with respect to the subject matter hereof. It may only be amended by a document signed by both parties. (c) If any provision of this Agreement is deemed unenforceable for any reason, then such provision shall be deemed stricken and shall not affect the enforceability of any of its other provisions. (d) The obligations of Lessee under Sections 6, 7, 8 and 9, which accrue during the term of this Agreement, shall survive the termination of this Agreement. (e) If Lessee fails to perform any of its obligations hereunder, Lessor shall have the fight to effect such performance; the amount of any out-of-pocket and other reasonable expenses of Lessor incurred in connection with such performance shall be payable by Lessee upon demand. (f) Lessee irrevocably appoints Lessor or its agents or assigns as Lessee's attomey-in- fact to execute any UCC financing statements, documents, and checks and drafts related to the payment of any loss, damage or defense under policies of insurance required by this Agreement. (g) This Agreement shall in all respects be governed by the laws of the state of Maryland Lessee hereby consents and submits to the jurisdiction of the courts of Baltimore County, Md. for purposes of enforcement of this Agreement. Lessee hereby waives any and all rights to or claims of sovereign immunity. (h) Lessee will pay all costs and expenses, including reasonable attorney's fees, incurred by Lessor in enforcing any terms, covenants and indemnities provided herein. Lease Te_ & c-d.- R_ ,., i - Lyl _ -rn L OCT 1 0 2006?ry? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) Plaintiff, ) V. ) FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) No. 0L. 'T&z-,,, (21 . -, L ORDER AND NOW, this //` day of 661h11•u , 2006, upon consideration of the attached Motion for Writ of Seizure, A RULE IS HEREBY ISSUED upon Defendant Fred Sullenberger d/b/a Capital Recovery to show cause why the prayer of said Motion should not be granted. RULE RETURNABLE for Answer in the Office of the Prothonotary of Cumberland County on or before the .3/" day of ac-0a b.t,-- , 200 4., at '/ pO P.M. If an Answer to the Rule is filed, either party may file a Motion for a hearing or Praecipe the case for Argument, as appropriate. If no Answer is filed on or before the return date, the moving party may file a Motion to Make Rule Absolute. A Motion to Make Rule Absolute shall evidence compliance with the service requirements of 43 J.D.R.C.P. 206. NOTICE OF THE ENTRY OF THIS ORDER SHALL BE SERVED UPON ALL PARTIES BY THE PETITIONER IN ACCORDANCE WITH 43 J.D.R.C.P. 206. cc: /kyan G. Foley, Esq -A 1)V- RV THP MTTRT- ±.III 4 1 D 1'", SHERIFF'S RETURN - REGULAR CASE NO: 2006-05836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS SCOTSMAN INC VS SULLENBERGER FRED ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER, MOTION was served upon SULLENBERGER FRED D/B/A CAPITAL RECOVERY the DEFENDANT , at 1642:00 HOURS, on the 19th day of October , 2006 at 167 ENOLA ROAD ENOLA, PA 17025 by handing to a true and attested copy of ORDER, MOTION together with COMPLAINT IN REPLEVIN and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13 .20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.2010/20/2006 FITZPATICK LENTZ BUBBA Sworn and Subscibed to By: before me this day Deputy eriff of A.D. A L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) No. 06-5836 Plaintiff, ) V. ) FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff Williams Scotsman, Inc. in the above-captioned action. FITZPATRICK LENTZ & BUBBA, P.C. Dated: BY: ?4 :)(? "? JJ060 S. D'Amico, Jr. Attorney I.D. No. 55645 Fitzpatrick Lentz & Bubba, P.C. 4001 Schoolhouse Lane P. O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorney for Plaintiff a' 1& CERTIFICATE OF SERVICE I, Joseph S. D'Amico, Jr. attorney for the Plaintiff, does hereby certify that a copy of the within document has been served on all parties or their counsel of record via First Class, regular mail, at the following address: Fred Sullenberger d/b/a Capital Recovery 167 Enola Road Enola, PA 17025 FITZPATRICK LENTZ & BUBBA, P.C. DATED: 7 3 Q1 BY MMM S. D'AMICO, JR. I.D. No. 55645 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorney for Plaintiff FIVD-D -l OF THE PRuT?CNOTARY 2U9 SEP -8 AM 11: 4 7 k L) OW SYtVA?A P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAMS SCOTSMAN, INC., ) No. 06-5836 Plaintiff, ) ) V. FRED SULLENBERGER d/b/a ) CAPITAL RECOVERY ) Defendant. ) PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A.. I.- The within suit is Settled, Discontinued, Ended and costs paid. 2. X The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. B. I ._ Satisfaction of the Award in the within suit is acknowledged. 2. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. C. Other: DATE: 7/)bl WITNESS If signer is other than a registered attorney): Attorney Attorney or Notary as?Ae2aut onzing party Joseph S. D'Amico Jr. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SEC. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. gnature FILED--`t RC E OF I+E ?r NDTARY 2M SEP -8 AM 11: 4 7 PMSYLVAMA