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Home My WebLink About00-03264 "'C"';' -,,,-,,,;,,' ,,~ ;"'o,',_I_~ ,'_,~ ,._.,;; _ ,',-M -"~. '_" .. ':',' ~ . ~ - .' '"'"" ~:_%,~;", _",,_~.,.,' . "' ,'. ,..' .",:"....,._..., ~. ','".;,'C,' ,~, ',' , NORMAN A. BEARD and SUSAN IE. BEARD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3264 CIVIL TERM BESCO SYSTEMS, INC., and ROBERT E. RHOADS, IT, individually Defendants ANSWER I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant, Robert E. Rhoads, II, resides at 21 Meadow Drive, Carlisle, Pennsylvania, 17013. 5. Admitted in part, Denied in remainder. It is admitted that Defendant Rhoads was the principal stockholder and an officer and director of BESCO. It is denied that he controlled the business activities and decisions of BESCO as if he was the sole proprietor. COUNT I Plaintiffs v. Defendant BESCO Systems. Inc. 6. Denied. No signature is found on Exhibit "A" and thus proof that a Promissory Note was executed by Defendant BESCO cannot be determined after reasonable investigation. I _"',," d ,,, ',"<,", ~" ~-.c',' ',..c" ~..~. "~"'"'=--i"';':;'~-" - ,r '" .:>~.-' '~:j': ",~,,,, '.l .~;;,~i.JiJ~"~:;;;~ "'."l 7. Denied. After reasonable investigation, Defendant BESCO lacks sufficient information to determine the truth of said averment and strict proof thereof is demanded at trial. 8. Admitted. It is admitted that Plaintiffs' attorney sent Defendant BESCO a letter alleging a default of a Promissory Note. The document speaks for itself. 9. Denied. Said averment states a conclusion of law to which no responsive pleading is required. 10. Denied. Said averment states a conclusion of law to which no responsive pleading is required. II. Denied. After reasonable investigation, Defendant BESCO lacks sufficient information to determine the truth of said averment and strict proof thereof is demanded at trial. 12. Denied. After reasonable investigation, Defendant BESCO lacks sufficient information to determine the truth of said averment and strict proof thereof is demanded at trial. 13. Denied. No such language exists in the Promissory Note attached to the Complaint as Exhibit "A". 14. Denied. No such language exists in the Promissory Note attached to the Complaint as Exhibit "A". 15. Denied. After reasonable investigation, Defendant BESCO lacks sufficient information to determine the truth of said averment and strict proof thereof is demanded at trial. WHEREFORE, Defendant BESCO requests that Count I of the Complaint be dismissed with prejudice. 2 ~ ,'F';;", . ., '--,', . ,,~"~ ,," ~ "v,. ,_' ~"' . ",,-, ,,--,, ',;"~", ,~:. ~,., :,'.;j,.":,,,,,,,,,,;'o~'.~~,,,,.,,,..<,-. c,__ :,.: -.~ COUNT II Plaintiff Norman A. Beard v. Defendant BESCO Svstems, Inc. 16. No responsive pleading is required. 17. Denied. Plaintiff Beard was employed as a salesman from November 1978 until 1986. From 1987 to 1991, Plaintiff Beard was the President and CEO ofBESCO. From 1992 until August 1999, Plaintiff Beard was again a salesman. 18. Denied. The Agreement between Plaintiff and Defendant BESCO provided that Plaintiff would receive commissions in the amount of forty percent (40%) on the net profit received by Defendant BESCO on sales attained by Plaintiffs actions. 19. Denied. Plaintiff forfeited any sales commissions earned because he voluntarily terminated his position with Defendant BESCO prior to the receipt of the sale which is in accordance with company policy. 20. Denied. Plaintiff forfeited any sales commissions when he quit his job. 21. Denied. Plaintiff forfeited any sales commissions when he quit his job. WHEREFORE, Defendant BESCO respectfully requests dismissal of Count II of Plaintiffs' Complaint. COUNT III Plaintiffs v. Defendant Robert E. Rhoads, II 22. Denied. No responsive pleading is required. 23. Admitted. 24. Admitted. 3 , , - ","'-~ 0"" , ".c' ~,,-,;-. , .- -,,,"" -., , -- ",,~ ,,,- " - ;--,' , ,,'^ "'" -' "" -' ~"",-"" " ;'-, ^'- ~ = ' -,' ,. 25. Admitted. 26. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 27. Denied. Defendant Rhoads has stopped taking sales commissions earned from his efforts which exceed the monthly payment he receives from the sale of the service department. Accordingly, the net effect has a positive impact on Defendant BESCO. Furthermore, the Twenty Thousand Dollar ($20,000.00) amount received from the sale was redeposited into BESCO's corporate account. 28. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 29. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 30. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 31. Denied. Creditors and other shareholders of BESCO shall be paid in full the value of their claims. 32. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 33. Denied. Said averment contains conclusions of law to which no responsive pleading is required. 4 'J. ~ . " ." '<, ',' -' ~. -" -\. . ',, ',-- ". ,.,.;,.J ,';..'--', .".,_.,,_,,;-', ",. < 0',,,,,---'- "".. 34. Denied. Defendant Rhoads has not benefitted in any manner from this transfer. In actuality, Defendant Rhoads has returned to the corporation the deposit money from the sale and has taken less commissions than are actually due him to preserve the continued existence of BESCO. 35. Denied. Said averment contains conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant Rhoads respectfully requests that Count III of the Complaint be dismissed with prejudice. COUNT IV Plaintiff Norman A. Beard v. Defendant Robert E. Rhoads. II 36. Denied. No responsive pleading is required. 37. Admitted. 38. Admitted. 39. Denied. Defendant Rhoads did not receive $250,000.00 in cash as the sale involved a Note for $230,000.00. Defendant Rhoads admits that Plaintiff owns an interest in the note receivable. WHEREFORE, Defendant Rhoads respectfully requests that Count IV of the Complaint be dismissed. 5 Dated: ",',',. .,0 ,'_,_, J:~ ~ '1'''0 ~,,-,..'I,c.'..-,' _, "_.,~ _,,~_.,_ , I,.~' ,_ _,,, \_, -d,," -' - - 0 '~ LAW OFFICES OF CRAIG A. DIEHL By: ~.ft~ Craig A. Diehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA l70ll (717) 763-7613 Counsel for Defendants 6 -- ..'~, . ,.',,'--c',:' ,- .--~, ~- . ,....,:', v' ,~ '7 ""','h,'" "",','",,'-, - ; :[,~." , "' , -' -.'- _ ~ ". NORMAN A. BEARD and SUSAN E. BEARD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3264 CIVIL TERM BESCO SYSTEMS, INC., and ROBERT E. RHOADS, II, individually Defendants VERIFICATION I, ROBERT E. RHOADS, II, individually and as President of BESCO Systems, Inc., VERIFY that the statements set forth in the foregoing ANSWER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: 'Y -?;-oz:::, . Robert E. Rhoads, II BESCO SYSTEMS, INC. B~~7;4 Robert E. Rhoads, II, President . "'" ~"-- . <~ . I" -":"C' , " . ,'-' ",;;' .., ^ ",.",', " p.' ~ _- '<'-''~ ' " ,." un > _ w..>:. NORMAN A. BEARD and SUSAN E. BEARD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3264 CIVIL TERM BESCO SYSTEMS, INC., and ROBERT E. RHOADS, II, individually Defendants CERTIFICATE OF SERVICE AND NOW, this 5 *' day of July, 2000, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER was served upon the parties listed below by way of United States first class mail, postage prepaid, addressed as follows: William E. Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (Attorney for Plaintiffs) LAW OFFICES OF CRAIG A. DIEHL B~ Helen . Rasmussen, Legal Assistant 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 ; <," ,~,"-b '~' ,"'<-' ,.,' ~~, \.- 0,'- ~' _' .1_,,, > ,. ~.,',';, ',t...'_-:{,. -~ "~~.',,' <' ,..:"'~, ."o.';..;,;; ,,,~.- ~",',,'. .'" "'" < "_' "",-, "/" , . "''(" ~ I , .' ',' NORMAN A. BEARD and SUSAN E. BEARD, . . . IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. ()-() - 3.)..(, 'i Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS, II, individually Defendants 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 ~".:,' '_ ,,'n.._, ,'.'",^'" , ",'_ - '" ", ..-, _ '".Co' -.e, "~.'~, '" ~. '- &-_ '.,,', 4"'_ "<' .~, ~._ :~':"e.'_';.__"", '___~,:,,: ,,"'-,/'J .,~:,. .. "c'"".." ',' NOTICIA USTED HA SIDO DEMANDADAlA EN CORTE. Si usted desea defenderse de las demand as 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 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie 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 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 .' '. '. NORMAN A. BEARD and SUSAN E. BEARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. fJO. 3:t.(., Y Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS, II, individually Defendants COMPLAINT 1. Plaintiff NORMAN A. BEARD is a citizen of the Commonwealth of Pennsylvania, residing at 51 Circle Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff SUSAN E. BEARD is a citizen of the Commonwealth of Pennsylvania, residing at 51 Circle Drive, Camp Hill, Cumberland County, Pennsylvania. (Norman A. Beard and Susan E. Beard, who are husband and wife, are hereinafter collectively referred to as "Plaintiffs"). 3. Defendant BESCO SYSTEMS, INC., is a Pennsylvania business corporation with its principal place of business located 6 State Road, Suite 110, Mechanicsburg, Cumber- land County, Pennsylvania (hereinafter referred to as "Defendant BESCO" or "BESCO"). 4. Defendant ROBERT E. RHOADS, II, is an adult individual formerly residing at Crossroad School Road, Carlisle, Cumberland County, Pennsylvania and currently residing at an unknown address in Cumberland County, Pennsylvania, but who continues to maintain his principal business address of 6 State Road, Suite 110, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Defen- dant Rhoads" or "Rhoads"). 5. At all times mentioned herein, Defendant Robert E. Rhoads, II, was the principal stockholder and an officer and director of BESCO, and dominated and controlled the activities and business decisions of BESCO as if he was the sole proprietor thereof. '-".-' ,__ ,,~' u'" .'.--.',,"',~, , c ;,'. -l,--" .," ':,,~ ,:. - " ~,'.. "' -, ' . ',0 '-':'C--'."i..,.-:-''".,,':''- " ,-_.',' ",--'~~.~,--~~",~'" ,-,' .;;j COUNT I Plaintiffs v. Defendant BESCO Systems, Inc. 6. On 22 October 1992, Defendant BESCO made and delivered to Plaintiffs a Promis- sory Note due and payable in one hundred seventy-four (174) monthly payments due on the 30th day of each month beginning 30 October 1992, together with interest at an annual rate of Seven and Seventy-Five One Hundredth Percent (7.75%). A true and correct copy of the Promissory Note is attached hereto, made a part hereof, and marked as Exhibit "A." 7. Defendant BESCO made payments totaling Thirty-Eight Thousand Four Hundred Fifty and 00/100 Dollars ($38,450.00), representing payments of Thirty-Four Thousand Forty-Eight and 82/100 Dollars ($34,048.82) of principal through August of 1999 and Four Thousand Four Hundred One and 18/100 Dollars ($4,401.18) of interest through March 1993. The payments were made in accordance with the schedule attached hereto, made a part hereof, and marked as Exhibit "B." 8. Plaintiffs payees duly presented the Note to Defendant BESCO through their attorneys, MILLER & ASSOCIATES, PC., by letter, dated 20 August 1999, which letter advised Defendant BESCO that it was considered to be in default under the terms of the Promissory Note. A copy of the 20 August 1999 letter is attached hereto, made a part hereof, and marked as Exhibit "C." 9. Defendant BESCO has failed to cure its default. 10. Defendant BESCO has failed and refused to pay the Note or any part thereof, although demand has been made. 11. Plaintiffs have accelerated the amounts due under the Promissory Note. 12. There is currently remaining unpaid principal in the amount of Eighty-One Thou- sand Eighty-Nine and 37/100 Dollars ($81,089.73). 13. Defendant BESCO agreed, as per the terms of the Promissory Note, that, if any payment of principal and interest due thereunder was not paid, the amount of such installment which has matured shall bear interest at the rate of eighteen percent (18%) per annum from its maturity date. -2- "1,; ,~ ':-', -' - ",' ' ", - '" ' '-', ,- :,., ~",' -,,', ;,"1 'I 14. Defendant BESCO agreed, as per the terms of the Promissory Note, that, in the event the Note was placed in the hands of an attorney for collection, it would pay reasonable collection costs, including attorneys' fees. 15. The Plaintiffs have incurred attorneys' fees and costs in pursuit of this action. WHEREFORE, Plaintiffs demand judgment against the Defendant BESCO in the sum of Eighty-One Thousand Eighty-Nine and 37/100 Dollars ($81,089.37), with interest from 30 April, 1993 at the annual rate of Eighteen Percent (18%) per annum, and reasonable attorneys' fees and costs. COU NT II Plaintiff Norman A. Beard v. Defendant BESCO Systems, Inc. 16. Paragraphs 1 through 15 above are herein incorporated by reference and made a part hereof. 17. Plaintiff Norman A. Beard (hereinafter "Plaintiff') was employed as a salesman by Defendant BESCO for the period of 3 November 1978 through and including 6 August 1999. 18. The Agreement between Plaintiff and Defendant BESCO provided that Plaintiff would receive commissions in the amount of Forty (40%) on the gross profit received by Defendant BESCO on all of the sales secured by Plaintiffs actions for Defendant BESCO. 19. Plaintiff secured sales of products to the American Automobile Association Central Penn Automobile Club, Susquehanna View Apartments and the Apartments at Mulberry Commons of Lancaster, a.k.a., Housing Development Corp of Lancaster. 20. The gross profit on sales secured by Plaintiff was in the amount of Five Thousand Four Hundred Eighty-One and 08/100 Dollars ($5,481.28). Plaintiff was entitled to a commission in the amount of Two Thousand One Hundred Ninety-Two and 51/100 Dol- lars ($2,192.51). 21. Defendant BESCO has failed to pay the commissions due and owing to Plaintiff. -3- WHEREFORE, Plaintiff, Norman A. Beard, demands judgment against Defen- dant BESCO Systems, Inc., in the sum of Two Thousand One Hundred Ninety-Two and 51/100 Dollars ($2,192.51), plus interest, costs and reasonable attorneys' fees. COUNT III Plaintiffs v. Defendant Rhoads 22. Paragraphs 1 through 21 above are herein incorporated by reference and made a part hereof. 23. Defendant Rhoads, as President and majority shareholder of Defendant BESCO, transferred Defendant BESCO's service department to himself individually. 24. Defendant Rhoads subsequently sold the said service department to BESCO Service Company, Inc., of R.D. #4, Box A 598, Newport, PA 17074 for the amount of Two Hundred Fifty Thousand Dollars ($250,000), and is personally receiving the proceeds from the sale of Defendant BESCO's service department through monthly payments. 25. Defendant BESCO's service department was a valuable asset of BESCO. 26. Plaintiffs believe and aver that the transfer of Defendant BESCO's service department to Defendant Rhoads individually and the subsequent sale thereof violated the provisions of the Pennsylvania Business Corporation Law. 27. Plaintiffs further believe and aver that the transfer of BESCO's service department to Defendant Rhoads and subsequent sale amounted to a liquidation of Defendant BESCO in violation of the Pennsylvania Business Corporation Law leaving Defendant BESCO without substantial assets. 28. Defendant Rhoads' actions were done with an intent to defraud the creditors and shareholders of Defendant BESCO, two of whom are Plaintiffs. 29. By reason of Defendant Rhoads' domination and control of Defendant BESCO, he was able to obtain possession of the majority of Defendant BESCO's assets, use them for his own benefit, and keep unpaid creditors and other shareholders at bay. 30. Any alleged transfer of assets from Defendant BESCO to Defendant Rhoads was made without sufficient consideration. -4- ".,";"~- - ',,,, ~ [', "- =' ,'",.-.', '."j "~. "1M ~" '-' " 31. Creditors and other shareholders of Defendant BESCO did not receive the benefits of the proceeds from the sale of assets of Defendant BESCO. 32. The net effect of the alleged transfer of the service department and subsequent sale was to hinder, delay, and defraud Plaintiffs and other creditors. 33. A further net effect of the alleged transfer and subsequent sale was a misappro- priation of a corporate asset of Defendant BESCO by Defendant Rhoads. 34. While engaged in the series of acts described herein and engaged in the business transactions involving both Defendant BESCO and himself, Defendant Rhoads acted in such a fashion that what he did as a representative of Defendant BESCO and what he did in a personal capacity were indistinguishable. 35. As a result of Defendant Rhoads treating Defendant BESCO as a sole proprietor- ship, the corporate veil should be pierced and Defendant Rhoads is personally liable to Plaintiffs for all monies claimed by them. WHEREFORE, Plaintiffs demand judgment against Defendant Rhoads in the sum of Eighty-One Thousand Eighty-Nine 37/100 Dollars ($81,089.37), with interest at the annual rate of Eighteen Percent (18%) from 30 April 1993 and reasonable costs and attorneys' fees on the Promissory Note and judgment against Defendant Rhoads is the additional amount ofTwo Thousand One Hundred Ninety-two and 51/100 Dollars ($2,192.51), plus interest, reasonable costs and attorneys' fees for the amount due Plaintiff Norman A. Beard representing commissions earned. COUNT IV Plaintiff Norman A. Beard v. Defendant Robert E. Rhoads, II 36. Paragraphs 1 through 36 above are herein incorporated by reference and made a part hereof. 37. Plaintiff Norman A. Beard (hereinafter referred to as "Plaintiff Beard") owns five percent (5%) of the outstanding shares of common stock of Defendant BESCO. 38. By transferring Defendant Besco's service department to himself, personally, Defendant Rhoads transferred a corporate asset in which Plaintiff Beard owned a five percent (5%) equity interest. -5- '~_C -;0,,""- "'--'-''',.-".,, - -, 0\' , '__'; _ ", ,~ '~ ". ,"~ ,,'<,:~(: 39. As owner of five percent (5%) of the outstanding shares of common stock, Plaintiff Beard is entitled to five percent (5%) of the purchase price of Two Hundred Fifty Thous- and Dollars ($250,000) received by Defendant Rhoads resulting from the sale of the service department to BESCO Service Company, Inc. WHEREFORE, Plaintiff Norman A. Beard, demands judgment against Defendant Rhoads in the sum ofTwelve Thousand Five Hundred Dollars ($12,500), plus interest, costs and reasonable attorneys' fees. Dated: stJIoo I , William E. Miller, Jr., Esquire Anthony E. Marrone, Es Ire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 and 48182 -6- - '" ,L_~, 2" ",. - "-"d""" .. '-, ,-:<;-,- ,--"-.,"~' ,,' , '.' ,: - '__ '~~::C" 0:'0 _: VERIFICATION I, NORMAN A. BEARD, do hereby verify that the statements made in the Foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworned falsification to authorities. Date: 12.1oQ /1~tW7 of /5-/~--r/ /NORMAN A. BEARD -7- ,--, - .,'~' ~ '-"",' , <..,,"', , ,1',"-' " , ,,-~,... ' "",;, .' ~~ ; ^ '~., \,~ '--' '"P ,.. , '-,':--"" 1 I , I' " I fi I VERIFICATION I, SUSAN E. BEARD, do hereby verify that the statements made in the Forego- ing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworned falsification to authorities. Date: q;;2.~ eo /~fY'. F. ' f3QO A D SUSAN E. BEARD -8- ~ '. ""', l. '-'- -"~,~, ~~ I .' .' TIns FORM IS Naf USUALLY RIiCORDED PROMISSORY NOTE Effective Date: County and State of Transaction: Cumberland County PA PAYEE (Name, Address and Zip Code) October 22, 1992 MAKER (Name, Mailing Address and Zip Code): BESCO Systems Ine 6 State Road Sui te 110 Meehaniesburg PA 17055 Norman A Beard & Susan E Beard 51 Ci rele Drive Camp Hill PA 17011 Principal Amount: $114,488.19 Numberof Payments: Amount of Each Payment: $ Interest Rate: % 5 7.7 Dates of Payment: 174 $1,100.00 30th of month 1. Consideration. For value received the Maker promises to pay to the order of the Payee the Principal Amount together with interest according to the terms stated herein. 2. Payment. Principal and interest shall be payable in lawful money of the United States. Interest accrued to date shall be fIrst deducted from the payments and the balance of each payment shall be applied to the Principal Amount. Payment'shall be made at the address of the Payee on or before the due date. 3. Prepayment. Payment in advance may be made in any amounts, in which event interest shall be prorated accordingly. 4. Events of Default. Any of the following events shall, for purposes of this Note, constitute an event of default: 4a Misrepresentation. The making of any misrepresentation by the Maker to the Payee for the purpose of obtaining credit or an extension of credit. 4b. Creditor's Meeting. The ca1Iing of a meeting of the Maker's creditors; 4c. Committee of Creditors. The appointment of a committee of the Maker's creditors; 4<1. Assignment for Benefit of Creditors. The making of an assignment for the benefIt of the Maker's creditors; 4e. Receivership. The filing of a voluntary or involuntary petition for or the appointment of a receiver of the Maker's property; 4f. Bankruptcy. The filing of a voluntary petition by or an involuntary petition against the Maker under any provision of the Federal Bankruptcy Act; 4g. Attachment. The issuance of a warrant of attachment or for distraint against any of the Maker's property; 4h. Tax Lien. The issuance of a notice of tax lien against the Maker or the Maker's property; 41. Judgments. The entry of a judgment against the Maker or the Maker's property; 4j. Nonpayment of Taxes. The Maker's failure to pay, withhold, collect or remit any tax or tax defIciency when assessed or due; 4k. Death. The Maker's death; 41. Dissolution of Business. The dissolution of the Maker's business; 4m. Bulk Sale. The making of a bulk sale by the Maker or the giving of notice of intent to do so; 4n. Encumbering Accounts Receivable or Property. The mortgage, pledge or assignment of the Maker's accounts receivable or other property; 40. Suspension or Liquidation of Business. The suspension or liquidation of the Maker's usual business; 4p. Failure to Furnish Financial Information. The Maker's failure, after demand by the Payee, to furnish financial information to the Payee or permit the Payee to examine any of the Maker's books of account or records; 4q. Default in Performance of Other Obligations. The Maker's failure to pay on any other note or obligation held by the Payee when due. PROMISSORY NOTE - Page 1 or2 ----EXH1B!'f-A- r-1 {.) L.awFonns 10-71,10-85,5-87,8-91 Continued on tkvasr: Sid.~ '1; - : ~- "'_iMJJjjjnillli-'~ '~~'~'.'>obIiilt;il:Iii;'~~~ - ~ '~-.lIi'ibMtiJ' ~". . "-~ .1lIl~~~ ~ " -" ~j(""'" , ~".." ~ ~ ' i,,,-~, ~;',~. " .., '. '. 5. Ac.:eleration: The urlpaid prin<:ipal and ac~rued intcrcs~ shall become immediately due and payable at the.option '!f the Payee or holder of this Note when: 5a. Any installment is not paid when due and Payee has given 10 days written notice by certified mail or delivery. 5b. The Maker [ails to perform any term of any collateral instrument or ancillary agreement which secures or is executed contemporaneously with this Note [or more than 15 days. 5<:. Any event of default described herein remains unresolved or uncorrected for more than 15 days. 6. Non-Payment When due. If any payment of principal and interest due hereunder is not paid, tbe amount of sucb installment which bas matured sball bear interest at tbe rate of 18% per annum from its maturity date until paid. 7. Remedies. In tbe event of default, the Payee sball bave all tbe rights, options, duties and remedies of a se.:ured party at law, iIll equity or by statute, including sucb remedies as may be specified for secured parties generally under tbe existing laws. In addition, Payee sball have tbe right to immediately retake possession of the Collateral Security for this Note. 8. Waivers and Applicable Law. The Maker, sureties, endorsers, and guarantors hereof severally waive demand for payment, notice of non-payment, protest and notice of protest of this Note and consent to extensions of time for payment wIthout notice. The construction, validity and effect bereof shall be governed by the laws of this state and tbe Maker consents tbat suit or other collection proceedings to enforce this Note may be brought against him by tbe Payee or holder of this Note in the courts of the county in which the above address of the Payee is located, 9. Collection Fees.- If this Note is placed in the hands of an attorney for collection, the Maker agrees to pay reasonable collection costs including reasonable attorney's fees tberefore, whether or not suit is brought hereon. In tbe event of court actiolll, the costs and fees sball be determined by the court. All costs and fees shall be added to the Prin<:ipal Amount and bear interest at the same rate as on tbe Principal Amount. 10. Right of First Refusal. Should the Payee or Holder elect to sell, assign, or transfer this note to any third party, for a discount or for any amount of money less tban tbe outstanding principal balance of this note at that time, then this sale, assignment, or tra1Isfer shall be accomplished only with the mutual written consent of the parlies, and the PayeelHolder sball be obligated to first make the same offer to tbe Maker under the same terms and conditions as to tbe tbird party and tbe Maker sball have the right to purchase this note for tbe reduced amount within thirty (30) days of receipt of the notice from the PayeelHolder. 11. /Usury Protection. Sbould any interest cbarge or otber provision of this note violate any present or future usury laws applicable to this Promissory Note, tben the interest rate or otber terms shall automatically be reduced to tbe maximum amount permitted by law. Tbe Maker sball bave tbe duty to bring such laws to the attention of Payee. Failing to do so before payment shal1 be waiver by Maker of those restrictive limits. 12. Late Charge, A late charge of 10% of an overdue payment sball be charged as a penalty on any payment that is past due, in addition to any interest due for non-payment as otberwise provided for herein. 13. Collateral Security. This Note is secured by: 14. Other Provisions: 1.,.................................,......,...... -.-) . ~ ,,' .', /. \ 2 ")"/-"': (/ /; /' ,?) /,~ (/,/ / . d, / ' ~ / . .__', _... .__._.~-.----.'....... ._,VL--L.,(../_~(_~~... .. .....BE.5.CO. .5.y.stems..l.nc. ....:.. _... j;t.... . . . ~~~~.//:!IA ~~l.0..~ , l___ Signatures of Witnesses of Maker's Signature PROMISSORY NOTE - Page:1 of2 Signatures of Maker and Co-Maker """"'" -, - ,~",,~ ^',~,,,. " -, ~ -, ~.. -~" , , ','. ' " " .' ",""y, INTEREST PRINCIPAL TOTAL OCT 92 739.40 360.60 1100.00 NOV 92 737.07 362.93 1100.00 DEC 92 734.73 365.27 1100.00 IAN 93 732.3 7 367.63 1100.00 FEB 93 730.00 370.00 1100.00 MAR 93 727.61 372.39 1100.00 MAY 97 4401.18 650.00 650.00 JUN 97 1300.00 1300.00 JUL 97 650.00 650.00 AUG 97 1300.00 1300.00 SEP 97 1300.00 1300.00 OCT 97 1300.00 1300.00 NOV 97 1300.00 1300.00 DEC 97 1300.00 1300.00 IAN 98 650.00 650.00 FEB 98 1300.00 1300.00 MAR 98 1300.00 1300.00 APR 98 650.00 650.00 MAY 98 JUN 98 JUL 98 1300.00 1300.00 AUG 98 1300.00 1300.00 SEP 98 2600.00 2600.00 OCT 98 2600.00 2600.00 NOV 98 650.00 650.00 DEC 98 IAN 99 1300.00 1300.00 FEB 99 1300.00 1300.00 MAR 99 1300.00 1300.00 APR 99 1300.00 1300.00 MAY 99 1300.00 1300.00 JUN 99 1300.00 1300.00 JUL 99 1300.00 1300.00 AUG 99 650.00 650.00 4,401.18 34,048.82 38,450.00 EXf-!IBIT B '4 - , ~ '" , . ,;,., '~~ =. William E. Miller. Jr. Anthony E. Marrone LAW OFFICES OF MILLER &: A;'SS<<?CIATES, PC 600 NORTH 12TH 'STREET" LEMOYNE. PA 17043 TEL: (717) 737-9210' FAX: (717) 737.9215 .' Direct Dial Number: (717) 737-9211 20 August 1999 Robert E. Rhoads, II, President BESCO Systems, Inc. 6 State Road, Suite 110 Mechanicsburg, P A 17055 Re: Norman A. Beard Dear Mr. Rhoads: We represent Norman A. Beard of 51 Circle Drive, Camp Hill, Pennsylvania. Mr. Beard was previously a sales consultant for BESCO Systems, Inc. ("BESCO") and resigned from his position with BESCO as of 6 August 1999. There are several areas that need to be addressed subsequent to Mr. Beard's resignation from BESCO. Mr. Beard is the holder of a Promissory Note ("Note") executed by BESCO with an effective date of 22 October 1992. The principal amount of the Note was one hundred fourteen thousand four hundred eighty-eight and 19/100 dollars ($114,488.19). Payments were to be made monthly. There is currently outstanding A balance under the Note of eighty-one thousand eighty- nine and 37 dollars ($81,089.37) plus interest. Paragraph 4 of the Note sets forth several events that constitute an event of default under the Note. They include dissolution of the BESCO's business, a bulk sale by BESCO, encumbering accounts receivable or property, and suspension or liquidation ofBESCO's business. Mr. Beard considers the transfer ofBESCO's service department by you as President and majority shareholder ofBESCO to you individually and the subsequent sale of the department by you, with you receiving the proceeds from the sale personally, to be an event of default under the Note. This letter is Notice that the Note will be accelerated and the uupaid priuc1pal and interest will immediately become due and payable pursuant to paragraph 5 of the Note if the events of default as outlined in this letter remain unresolved or uncorrected for fifteen (15) days from the date of this letter. Mr. Beard owns five percent (5%) ofthe outstanding shares of common stock ofBESCO. You transferred the BESCO service department to yourself personally and are solely receiving the proceeds from its sale. As the owner of the shares of common stock, Mr. Beard is entitled to receive five percent (5%) ofthe sale price received by you for the sale of the service department. This amounts to twelvethousand five hundred dollars ($12,500) based on a sale price of two hundred fifty thousand dollars ($250,000), which we are advised is the sales price. EXHIBIT C .,.-'" > ""'-"""""'~-s' '" ,. " '.' Robert,E. Rhoads, II Page 2 20 August 1999 Further, Mr. Beard is owed back pay for the pay periods ending 15 June, 30 June, 15 July, 31 July, and from I August through 6 August 1999, the date of his resignation. BESCO also owes Mr. Beard commissions for the sales of BESCO products to AAA, Susquehanna View Apartments, and Apartments at Mulberry Commons of Lancaster (Housing Development Corp. of Lancaster). The first two sales commissions are due now, while the third one will be due when the product will be installed in December, 1999. In addition to the back pay and commissions, Mr. Beard must be paid for unused vacation and sick time. He has nine (9) days of unused vacation. That amounts to seventy-two (72) hours to be paid at a rate of thirteen dollars ($13) per hour for a total of nine hundred thirtycsix dollars ($936) due Mr. Beard. Mr, Beard also owns ten thousand (10,000) shares ofBESCO preferred cumulative redeemable convertible non-voting stock which he purchased for twenty thousand dollars ($20,000) in 1989. Besco must redeem the preferred stock from Mr. Beard. Mr. Beard hereby demands that BESCO redeem the preferred stock for twenty thousand dollars ($20,000) plus any accrued, but unpaid, dividends. Please: respond to this letter within ten (10) days of the date of this letter in writing addressing the issues outlined above. Very truly yours, Law Offices of MILLER & ASSOCIATES, PC By William E. Miller, Jr. cc: Norman A. Beard "~ ", ~~ -..l -<:> " C> " "" ..J ..z ~ ,~, '" M'_lIIiiI' '." ~ "&"~'IIifH~liIi ," ~"""'''''U!i!. till! "Dill JJJ ._~ __k_N," _CiM.IiW'";'" ~ " " -~.....~ "ill"""-- ~, , ~- :::J , ;::, Iv <, ... ;,,-,; _C) " :,1 "".J C'; ;r"j::1 -:~D :-, ::~) (,~:71' ?SICf~ ~ S'; ""' ~ ~ Jt OQ ,.e; .0 c.- d 1,_., -"'~'''*! - ., SHERIFF'S RETURN - REGULAR CASE NO: 2000-03264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEARD SUSAN E VS BESCO SYTEMS INC ET AL SAHWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BESCO SYSTEMS, INC the DEFENDANT , at 0009:30 HOURS, on the 1st day of June , 2000 at 6 STATE ROAD STE 110 MECHANICSBURG, PA 17055 by handing to ROBERT RHOADS, II PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 .00 33.58 So Answers: ~~A/~~? R. Thomas Kline Sworn and Subscribed to before 06/02/2000 MILLER & ASSOCIATES By: QP^~ fhh. _ ~ .0;e~u';{j,~~~ ' me this 1~ day of ~J J ',1.0111> { A.D. q~uG",~ i()_r.- rothonotary ,''---01 , '~~_'=_~' k ..~..~" ~ ..;, ~, I "llllIK4l'h ~ . SHERIFF'S RETURN - REGULAR CASE NO: 2000-03264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEARD SUSAN E VS BESCO SYTEMS INC ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RHOADS ROBERT E II the DEFENDANT , at 0009:30 HOURS, on the 1st day of June 2000 at 6 STATE ROAD STE 110 MECHANICSBURG, PA 17055 by handing to ROBERT RHOADS, II a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: , //./l? ~~~"<~R R. Thomas Kline 06/02/2000 MILLER & ASSOC " Sworn and Subscribed to before By: me this 1 /6t day of q.....L~ c2 ()1Ji) A . D . n L/CJ.~ - ~/~lrthonotary .~ :-,,",',',':> NORMAN A. BEARD and SUSAN E. BEARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants PRAECIPE TO ENTER JUDGMENT PURSUANT TO CONSENT AGREEMENT TO: THIE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of plaintiffs and against defendant, BESCO SYSTEMS, INC, by stipulation pursuant to the attached agreement on the record between the parties, attached hereto as Exhibit "A". Assess damages as in the amount of Ninety Thousand and 00/100 Dollars ($90,000.00) as per the attached agreement. Dated: 18 April 2001 ~ In (W\F-~ Anthony E Marrone, Esquire MILLER & SSOCIATES, PC 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 I.D. # 48182 ASSESSMENT OF DAMAGES AND NOW ~" :-\ 1/ , 2001, Judgment is entered in favor of the Plaintiffs and against t e Defendant, BESCO SYSTEMS, INC., by stipulation pursuant to the attached consent agreement on the record between the parties and damages assessed at the sum of Ninety Thousand Dollars and 00/100 ($90,000.00), as per the above statement and the Agreement between the parties. C",-:};;,.< ~4 Prothonotary -' , -~ ,. ""...._". .~.~ ......~".-dIWl 1 2 3 4 5 6 7 8 9 10 11 12 \ 13 14 15 16 17 18 19 20 21 22 23 24 25 ~,,_..".I"".....1 "" -~ ~= fJ<;m", '; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 00-3264 Law - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --X NORMAN A. BEARD and SUSAN E. BEARD, Plaintiffs, - vs BESCO SYSTEMS, INC., and ROBERT E. RHOADS, II, individually, Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x , !i ::1 i.1 I:! I,! I :, STATEMENT ON THE RECORD 1822 Market Street Camp Hill, PA December 27, 2000 11:25 a.m. IT IS HEREBY STIPULATED and agreed that the sealing of the within transcript is waived; IT IS FURTHER STIPULATED and agreed that all objections except as to the form of the question are reserved to the time of trial. LEARY REPORTING 112 West Main Street, Ste. Mechanicsburg, Pennsylvania 200 17055 (717) 233-2660 Fax (717) 691-7768 t:',(\-\\l-'Y'\ .. \;' .-"'''''=i>''''_~____ ( 10 11 12 ( 13 14 15 16 17 18 19 2 0 21 22 23 24 25 --"""'" ~~ -""" .. ~ ' - ~~'lt RII.~!!i"", H 1 2 APPEARANCES: 3 MILLER & ASSOCIATES 1822 Market Street Camp Hill, PA 17011 BY: ANTHONY E. MARRONE, ESQ. (717) 737-9212 4 5 6 For the Plaintiffs 7 8 CRAIG A. DIEHL, ESQ. 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 9 For the Defendants i ,'I i,J - ",-~~ 1 2 3 4 5 6 7 8 9 10 11 12 ~ 13 14 15 16 17 18 19 20 21 22 23 24 25 "- . ' ~"~.."IM;,. ~- ~ -. ."" """'....- 3 PRO C E E DIN G S MR. MARRONE: Okay. I guess I'll just then if you want to add anything. Anthony Marrone, attorney for the plaintiffs. We've reached a settlement in the matter of Norman A. Beard and Susan E. Beard, plaintiffs, versus Besco Systems, Inc., and Robert E. Rhoads as an individual. The terms of the settlement are that defendant shall pay $30,000 which shall be payable 45 days from the date of today's deposition or scheduled deposition which is 27, December of 2000. Okay. if payment is not Payment made, defendant Besco Systems Inc. is stipulating for an entry of judgment against it alone in the amount of $90,000, which shall be entered no earlier than the 46th day after today, the date of settlement. Also in consideration of the settlement, Mr. Beard and Mrs. Beard shall return and transfer the stock ~~~l>L~ ( 10 11 12 { I. 13 14 15 16 17 18 19 20 21 -. . ~ .._-" - ~- "^ ,lilI,~', 4 1 back to Besco Systems. 2 Do you have anything to add on that 3 regarding the settlement? 4 MR. DIEHL: Just that the 5 individual suit would be left open 6 pending receipt of the settlement money 7 at which time the suit against Robert 8 Rhoads individually would be dismissed. 9 MR. MARRONE: And Besco Systems. MR. DIEHL: And Besco Systems. MR. MARRONE: Okay. And we'd like just to go on the record, I may ask Mr. Rhoads some questions or if you would agree with my statement that this matter is being settled today for $30,000 on the basis of our discussions in which Besco Systems has presented to us information that in the event a settlement was not reached, there's a substantial likelihood that a Chapter 11 bankruptcy or a Chapter 7 bankruptcy 22 would be filed in this matter. 23 And you've provided us with balance 24 sheets and I believe an income and 25 expense statement to show that the -~"~ , -"~~ ~ I \ l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .~=~ ~.'" '~ -- ~1iIl:l_ .....~ ,-,..",' 5 1 corporation could not afford to 'pay' any 2 substantial sum other than what's being 3 agreed or any other monthly payment. 4 And, Mr. Rhoads, you agree with my 5 statement that I just made, that that was 6 the extent of our discussions today? 7 MR. RHOADS: Yes. Yes. 8 MR. MARRONE: Okay. Do you have 9 anything to add to that? Do you have anything you'd like MR. DIEHL: Nothing. MR. MARRONE: Okay. Thank you. I guess we can close the record then. (Deposition adjourned at 11:27 a.m. ) ~-""""'~ ,~~ ~ .,....... - '"'-'~ , -..--~ ~~I1iI_',,,''*'',_ 6 1 .Q. E R T ~ ~ ~ CAT Ji ( 2 3 I, Karen J. Bemiller, the officer before 4 whom the within statement was taken, do hereby 5 certify that the statement was duly taken by me 6 on said date and that the transcribed statement 7 is a true record of the statement given by said 8 parties; 9 That the proceeding is herein recorded 10 fully and accurately; 11 That I am neither attorney nor counsel 12 for, nor related to any of the parties to the ( 13 action in which this statement was taken, and 14 further that I am not a relative of any attorney 15 or counsel employed by the parties hereto, or 16 financially interested in this action. 17 21 Notary Public in and for the Commonwealth of Pennsylvania 18 ~-~~)~cc=~ Karen J. Bem111er, Reporter 19 20 22 My commission expires 23 October 29, 2001 24 25 :..:..~... ~l!lllililO~M~R~~ar~'M!&1ili&'i'~";'"><7i,,~","!>f_":il&,.wt.$~;kE1Iii:d:ii'1'" ~~i>^< ","- -~~l1j~"1 '~"'~"W_I!llM"'tl 'r~'I_liIIIIlI!I " ^ ~ ,i ~ ~ "'K\ ("') :_-:~; ,'.-) IV c: Ii- ...0 .^ ~ ";1> 8 " : 0") - t;v ~ "- (::::;. ......... -v -, e ~ ^~ , F ,- , ~~:t~ :'0 '-,' ~ ~ >~ ~-:"! ~ _.J-"'" ~ -~ :::0 ~ -< ...J -< r----. ~ .-' " l.:'_-,," <~'." ",",t,..~ . "~h" "''-''/-l'O-;", ':'~"_"~ _,. ~,~ .i,,;~";.,;,"' ,:~",C __ .;:~ "'_ ""~'-'..': ".; _ . "', NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE NORMAN A. BEARD and SUSAN E. BEARD, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants TO: BESCO SYSTEMS, INC. PURSUANT TO THE REQUIREMENTS OF PENNSYLVANIA CIVIL PROCEDURE RULE 236, NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU, BESCO SYSTEMS, INC., IN THIS OFFICE TODAY. JUDGMENT OF $90,000.00 FOR PLAINTIFFS AND AGAINST DEFENDANT BESCO SYSTEMS, INC. Dated: {)j1"L1 ( I,;', ;.00 { ~viI..J~ PROTHONOTAR If you have any questions concerning the above please contact: MILLER & ASSOCIATES, PC Attorneys for the Plaintiffs 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 ,-..;, ,~' ,-- ,,;;:v 'c'. NORMAN A. BEARD and SUSAN E. BEARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term Dated: 18 April 2001 R~'~~~q";'e MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 I.D. # 48182 i~ " I: I: ~ ~1 ~ t, I: Ii R: " " t I' i ~.~ fl, I' i~ I ~ Ii " i ~ I , I i I i , I ; BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: I certify that the address of the Plaintiffs, judgment creditors, is 51 Circle Drive Camp Hill, Pennsylvania 17011, and the last known address of the Defendant BESCO SYSTEMS, INC., judgment debtor, is 6 State Road, Suite 110, Mechanicsburg, Pennsylvania 17055. ,',' _'I' 0"., ,'~' ",,,';,, " ". e', ~I '." ,,' 2 C' . , ',,",,-- ." , , ~, () C_ :~ ~ ':) -:-,J C:J , )"0 ,:n ';~'" , ,,,,.,. w,."~,,-,,,,~t~,.,-"_, "' , ,.', --~, ')"-', NORMAN A. BEARD and SUSAN IE. BEARD, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants PRAECIPE TO SATISFY JUDGMENT TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the action against defendant, BESCO SYSTEMS, INC, satisfied upon payment of your cost only. Dated: August 2, 2001 ~ <t. VYlOlJV'\~ Anthony . Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 I.D.#48182 ..~;,- .- .,~ - .~ ,,~, ,IWI" ,~ r~,~ .- ~'. .~ "."r;" ' d""fiilir'''' .~~:,;,-~ , ,,',.:--i>-.c " I ~~ '2 C) C} -n 0;:"'. ''''" ---= C:: "'0([' ~n mcn t):"J iC~j Z:P \ Zc (/12 <...) %.L--- =-!;{;;J. ~~C) -0 or" " ~C) ~ ~2 ~~; &;0 tf: bin FC ,'-' '''',- -:::> ~ 2 :0 ," '-< __--, 'T,--'-~ ' '. --" "v" 0'.",,;.. ^'." ,>"' -' - O""",,~,,;:-,^:,,'~,':-;';":..,:<, ,;',~"",:,--,'~""~:,, ,~',' '" """ -",,,:," .j:] LI 1:1 " [, I'i " , , 1,1 I',i , , I j!i il III ',I ,I II II 'I I' , i " II 'I ! II 'I:,! :l , II 'I I, 'I il ;j 'I JI Ii 11 " 'I II il Ii II I I II I I 1 I NORMAN A. BEARD and SUSAN E. BEARD, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants PRAECIPE TO DISCONTINUE ACTION TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter as discontinued, settled and withdrawn. Dated: August 2,2001 ~ ~. to""""" Anthony . Marrone, EsqUire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 I.D. # 48182 <-,~, ',- , >'~ ~. ~"' ~:" , _' - '~ '_{ ".i"~"~'i.c,~'!.;""'C" .:..~. , ;. .;."'-~' ~; ,', "" z- '- '~ -- , 0 C) c; C -n :S. "" ----:! "'O(.G c:: -:1 ]J n"lrn ::;-) Z::r,'\ I " Z:C -, CI) d:,:~ (.,:' ,-. ...........0__ " ~C~ ""0 +; "'" " .;-~C) .-"- " ,J (05 ;So ~ (~~ ;-n )>c: '7 ~ "- => :< '0 -< l;; ",,---, ,''"-,,-,, - -~ ,,', ,-,~ ,;__:,,_i, __C~~"_'<"_,",", _ . " ~',--- ',,- , '~ II I I I I I' ,I II II 1 I I' II Ii I, II ~ 'I II II II I I I NORMAN A. BEARD and SUSAN E. BEARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 00-3264 Civil Term BESCO SYSTEMS, INC., and ROBERT E. RHOADS II, individually, Defendants CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, Plaintiffs herein, hereby certify that I have caused a true and correct copy of the foregoing Plaintiff's Praecipe to Discontinue Action and Praecipe to Satisfy Judgement to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual, attorney for Defendants: Craig A. Diehl, Esquire, C.PA Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 ~;l>~~~n~~ire Dated: 2 August 2001 -~""M'" " "'" "',~~ -,' ,,-,',.j' ,.;. '. .iI'- ~ ' -"-'=' .~' . . ,_. 0 c:) ~-', ...,.1 t:: "(1 s: t_ -;;:):OJ ~~? . rnrr! '1;= Z:D I .;~~~~' ZC, Co,) (f)d;.:,. ~~'"' --c,;:;;'- ~C" -U g~~ )>C :2: Zo w >C .. -, ~ => )> :JJ to -<