The URL can be used to link to this page

Home My WebLink About04-1943CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- l 4q3 (!:?v ? ?,??" CIVIL ACTION - LAW PRAECIPE TO ENTER CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. No. 2951, and in accordance with the Promissory Note, which is attached hereto, enter judgment in favor of Plaintiff, Clouse Trucking, Inc., and against Defendants, Susquehanna Valley Transport, LLC, Phillip L. Weaver and Joan S. Weaver, in the amount of $2,500,000.00, plus additional money advanced in the amount of $319,402.76, plus attorneys fees, interest and costs of suit as provided for in the Promissory Note. MARTSOONN DEARDOORRFF WILLIAMS & OTTO Steven J. S anahan, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 30, 2004 PROMISSORY NOTE $ 2,500,000 May 31, 2002 SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liability Company with offices at 45 Lesal Road, Gordonville, PA, (hereinafter referred to as "Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster County, Pennsylvania, (hereinafter referred to as "Guarantors"), hereby individually and collectively promise to pay to the order of CLOUSE TRUCKING, INC., a Pennsylvania business corporation with offices at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, or its assigns, (the "Payee"), in lawful money of the United States of America, and at such place as Payee may designate the principal sum of Two Million Five Hundred Thousand ($2,500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling business interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 2002. Said monthly payments shall be in the amount of no less than Thirty-Seven Thousand Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six (6) percent per annum, and thereafter to reduction of principal, until the principal, accrued interest and any late payments due hereunder are paid in full. Beginning with June 1, 2005, the interest rate shall be subject to change annually at the option of Payee to a rate equivalent to the Prime Interest rate as published by the Wall Street Journal on May 31°t preceeding the interest change date. Provided, that unless sooner paid, all principal, unpaid interest and late payments due hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee hereunder if such payment is not made within ten (10) days of the date on which it is due and the amount of such late charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonpayment of any of the liabilities, or any portion thereof, when and in the manner due, whether by acceleration or otherwise; (b) the institution of any proceeding in bankruptcy, receivership or insolvency by or against the Maker, or (c) partial or full transfer or sale of any of the collateral securing this Note without the written consent of Payee prior to the full and final payment and satisfaction of the obligations set forth in this Note. The Maker hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owed to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT, THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES AND RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTION, LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED OR ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE MAY CONFESS JUDGMENT HEREUNDER, HE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE RIGHTS AND LIABILITIES. MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN A JUDGMENT AGAINST THE MAKER WITHOUT THE MAKER'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE IS HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID, BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIES HAVE BEEN PAID IN FULL. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without reference to any choice or conflict of law rules that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker has executed this Note as of the day and year first above written. WITNESS: MAKER: SU EHANNA VALLEY TRANSPORT, LLC By S1 ? ?V?---^ PHILLIP L. UVER, Managing Member GUA TORS: PHILLIP L. Z Ek^. ()CLn A. UQCUcn AN S. WEAVER DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing this the 31 st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: ' L-W J S W This Note is being executed by me for a commercial transaction. Initials: PL?? asLJ I understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: )"L l' Jt" In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession of judgment. Initials: Rw 3's Li I certify that my annual income exceeds $10,000.00, that the blanks in the above Note and this Disclosure were filled in when I initialed and signed same, and that I received a copy hereof at the time of signing. Initials: ' Ly S W WITNESS: 1 ?? PHILLIP L. WEAVER ??ocw r?w?e J?' 1V S. WEA AVER ER r2 ° o . ' J ' Ca 7 C-l F IPII.ES\DATAPE.GIG..Mn Uu .t 349 [4 d n j.d.,m d1\,p Caeted: 12/IR/93 299PM Revised'. 5/5/04 9:15AM 3491.4 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.2004- CIVIL ACTION - LAW AFFIDAVIT I, Steven J. Shanahan, Esquire, certify that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. MARTSON DEARDORFF WILLIAMS & OTTO By ZL-- / Steven J. Shanahan, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 30, 2004 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- I Qq_? CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I, Steven J. Shanahan, Esquire, hereby certify that the last known address of Plaintiff is as follows: Clouse Trucking, Inc. 2075 Ritner Highway Carlisle, PA 17013 Furthermore, I certify that the last known address of Defendants Susquehanna Valley Transport, LLC, Phillip L. Weaver, and Joan S. Weaver is as follows: Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Phillip L. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Joan S. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. S /anah-,'a"n0Esquire Date: April 30, 2004 Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff cr Gam, w w CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- ) Q Y3 /? l_t v ? ? CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on April _ Q, 2004, the following Judgment has been entered against you in the above-captioned case. Judgment was entered in favor of Plaintiff, Clouse Trucking, Inc., and against Defendants, Susquehanna Valley Transport, LLC, Phillip L. Weaver, and Joan S. Weaver, in the amount of $2,500,000.00, plus additional money advanced in the amount of $319,402.76, plus attorneys fees, interest and costs of suit as provided for in the Promissory Note. Dated: hfn i ` l Prothonotary I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 are: Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Phillip L. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Joan S. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 MARTSON DEARDORFF WILLIAMS & OTTO By 14'-_,' - Steven J. Shar6han, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 30, 2004 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.2004- f Q t{.3 l tv c (, CIVIL ACTION - LAW JOAN S. WEAVER, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: SUSQUEHANNA VALLEY TRANSPORT, LLC, PHILLIP L. WEAVER, AND JOAN S. WEAVER A judgment in the amount of $2,500,000.00, plus additional money advanced in the amount of $319,402,76, plus attorneys fees, interest and costs of suit as provided for in the Promissory Note has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By - S even J. Shan an Date: April 30, 2004 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- CIVIL ACTION - LAW NOTICE UNDER 42 Pa. C.S.A. § 2737.1 TO: SUSQUEHANNA VALLEY TRANSPORT, LLC, PHILLIP L. WEAVER, AND JOAN S. WEAVER A debtor that has been incorrectly identified and had a confession or judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Relief from a judgment by confession shall be sought by petition. Except as provided in the below paragraph, all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pa. R.C.P. No. 2958.3 or Pa. R.C.P. No. 2973.3. If written notice is served upon the petitioner pursuant to Pa. R.C.P. No. 2956.1(c)(2) or Pa. R.C.P. No. 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. A party waives all defenses and objection which are not included in the petition or answer. The petition and rule to show cause and the answer shall be served as provided in Pa. R.C.P. No. 440. MARTSON DEARDORFF WILLIAMS & OTTO Date: April 30, 2004 ?f/??t By //--- teven J. Sha afi han V? Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ? ?, ? ? ? ? ? '? a . ?` ?.r .?' Shawn P. Quinnan, Esquire CASE & DIGIAMBERARDINO, P.C. 541 Court Street Reading, PA 19601 610-372-9900 610-372-5469 fax Attorney ID #59054 Attorney for Defendants CLOUSE TRUCKING, INC. Plaintiff VS. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004-1943 Civil Term JUDGMENT DEBTORS' PETITION ,r0 STRIKE OR, ALTERNATIVELY, OPEN CONFESSED JUDGMENT NOW COMES defendants-petitioners Judgment Debtors, Susquehanna Valley Transport, LLC, and Phillip L. Weaver and Joan S. Weaver ("Defendants"), by and through their undersigned counsel, Case & DiGiamberadino, P.C., and hereby petition this Honorable Court to strike off or open the above-captioned judgment confessed against them by plaintiff-respondent Judgment Creditor ("Clouse "), and state as follows in support thereof: 1. On April 30, 2004 Clause Trucking, Inc., Plaintiff, Confessed Judgment against Susquehanna Valley Transport, LLC and Philip L. Weaver and Joan W. Weaver. (see attached Exhibit "A"). Defendants pray that the confessed judgment be Stricken and/or opened because: A. Defendants, Philip and Joan Weaver did riot knowingly sign a Warrant of attorney authorizing confession of Judgment against them individually. Guarantors are not referenced in the Warrant only "maker" which refers to the Corporate entity. A Guarantor refers to secondary liability. B. The Warrant of Attorney was improperly relied upon to confess Judgment. There exists no reference in the confession of Judgement that any Attorney for the Defendants appeared to enter judgment on their behalf pursuant to authorization of the Warrant of Attorney. Document references only an Attorney for Plaintiff, Clouse Trucking, Inc. C. Party (Clouse) obtaining Judgment, if not by Attorney for the Defendant under the warrant, is not an attorney. D. Judgment was entered improperly pursuant to Pa. Rules of Civil Procedure 295 1 (a), because: i. A default must be alleged for a confession to occur. Said default, not alleged, comes from outside the contract, which requires compliance with Rule 2951(b)3, and issuance of a complaint. ii. The default amount must be calculable from the face of the instrument and the instant default contains "attorney fees" which are created by counsel for the Plaintiff. E. The Defendants have meritorious defenses which include a). unaccounted for payments pursuant to the note, b). unaccounted for self help improper repossessions of trucks, trailers and equipment, and c). various claims resulting from breaches of the contract entitled Asset Purchase Agreement, attached hereto as Exhibit "B". Wherefore, the Petitioners pray this Honorable Court strike off the judgment entered, or in the alternative, open the judgment. P.C. 'h uinnan, Esq. A ID 59054 541 urt Street Reading, 601 610-372-9'900 610-372-5469 -f ax Attorney for Defendants r e :z a r? ?z ? ???r acQa CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on April . 2004, the :following Judgment has been entered against you in the above-captioned case. Judgment was entered in favor of Plaintiff; Clouse Trucking, Inc., and against Defendants, Susquehanna Valley Transport, LLC, :Phillip L. Weaver, and Joan S. Weaver, in the amount of $2,982,768.67 plus interest and costs of suit as provided for in the Promissory Note. Dated: Prothonot:uy I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 are: Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Phillip L. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Joan S. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Date: April 30, 2004 MARTSON DE;ARDORFF WILLIAMS & OTTO Byj?=_ Steven J. Shanahan, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff V1 ?CKhI bi fin 6 CLOUSE TRUCKING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. : NO.2004- I Qt/c3 (_ Svc l ???j SUSQUEHANNA VALLEY / TRANSPORT, LLC, AND CIVIL ACTION - LAW PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants PRAECIPE TO ENTER CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. No. 2951, and in accordance with the Promissory Note, which is attached hereto and labeled as Exhibit "A," enter judgment in favor of Plaintiff, Clouse Trucking, Inc., and against Defendants, Susquehanna Valley Transport, LLC, Phillip L. Weaver and Joan S. Weaver, in the amount of $2,982,768.67 plus interest and costs of suit as provided for in the Promissory Note. MARTSON DEARDORFF WILLIAMS & OTTO By-A;7, lAk, Steven J. Shan =, quire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys f or Plaintiff Date: April 30, 2004 Q. CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- / C?qj ewd r-"?'?n ,?„ CIVIL ACTION - LAWS I I Pursuant to Pa. R.C.P. No. 2951, and in accordance vrith the promissory Note, which is attached hereto and labeled as Exhibit "A," enter judgment in 1kvor of Plaintiff, Clouse Trucking, Inc., and against Defendants, Susquehanna Valley Transport, LLC, Phillip L. Weaver and Joan S. Weaver, in the amount of $2,982,768.67 plus interest and costs of suit as provided for in the Promissory Note. MARTSONDEARDORFF WILLIAMS & OTTO By - She quAttorney I.D. 90917 Ten East High Street Carlisle, PA 117013 (717) 243-3341 Attorneys for .Plaintiff Date: Apri130, 2004 PROMISSORY NOTE $ 2,500,000 May 31, 2002 SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liability company with offices at 45 Lesal Road, Gordonville, PA, (hereinafter referred to as .Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster County, Pennsylvania, (hereinafter referred to as "Guarantors"), hereby individually and collectively promise to pay to the order of CLOUSE TRUCKING, INC., a Pennsylvania business corporation with offices at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, or its assigns, (the "Payee"), in lawful money of the United States of America, and at such place as Payee may designate the principal sum of Two Million Five Hundred Thousand ($2,500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling business interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 2002. Said monthly payments shall be in the amount of no less than Thirty-Seven Thousand Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six (6) percent per annum, and thereafter to reduction of principal, until the principal, accrued interest and any late payments due hereunder are paid in full. Beginning with June 1, 2005, the interest rate shall be subject to change annually at the option of Payee to a rate equivalent to the Prime Interest rate as published by the Wall Street Journal on May 31't preceeding the interest change date. Provided, that unless sooner paid, all principal, unpaid interest and late payments due hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee hereunder if such payment is not made within ten (10) days of the date on which it is due and the amount of such late charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonpayment of any of the liabilities, or any, portion thereof, when and in the manner due, whether by acceleration or otherwise; (b) the institution of any proceeding in bankruptcy, receivership or insolvency by or against the Maker, or (c) partial or full transfer or sale of any of the collateral securing this Note without the written consent of Payee prior to the full and final payment and satisfaction of the obligations set forth in this Note. The Maker hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owed to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT, THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER. FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES AND RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTION, LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED OR ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE MAY CONFESS JUDGMENT HEREUNDER, HE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE. RIGHTS AND LIABILITIES. MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN A JUDGMENT AGAINST THE MAKER WITHOUT THE MAKER'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE IS HELD BY ANY COURT TO EIE INVALID, VOIDABLE OR VOID, BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIES HAVE BEEN PAID IN FULL. If any provision hereof is found by a court Of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without reference to any choice or conflict of law rules that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker has executed this Note as of the day and year first above written, WITNESS: MAKER: SU EHANNA VALLEY TRANSPORT, LLC By J PHILLIP L. WE VER, Managing Member GUA TORS: e PHILLIP L. WE A E U0-6AJC A AN S. WEA\(ER DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing this the 31st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: PLQ 3 51,E This Note its being executed by me for a commercial transaction. Initials: '1'L.? SW understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: ( rLQ JSW In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession of judgment. Initials: 1 Lw -?SW I certify that my annual income exceeds and this Disclosure were filled in when I copy hereof at the time of signing. Initials: 'T?-t' $10,000.00, that the blanks in the above Note initialed and signed same, and that I received a WITNESS: c PHIILLLIP L. WEAVER ""A WAJOLAAA S. WEAVER FiF9.ES\DATAFp.E1GmW krdiiveaETm000IV49I4.o6bsvitlbji R Csmsinsed:ed: IVIVU7 2:31PM V W" 11:92AM ]491.4 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004- CIVIL ACTION - LAW AFFIDAVIT I, Steven J. Shanahan, Esquire certify that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. MARTSON DEARDORFF WILLIAMS & OTTO By_--/d?-? - Steven J. Shanahan, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA, 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 30, 2004 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY No. 2004- : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE follows: I, Steven J. Shanahan, Esquire, hereby certify that the last known address of Plaintiff is as Clouse Trucking, Inc. 2075 Rimer Highway Carlisle, PA 17013 Furthermore, I certify that the last known address ofDefendants Susquehanna Valley Transport, LLC, Phillip L. Weaver, and Joan S. Weaver is as follows: Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 Phillip L. Weaver Susquehanna Valley Transport, LL 1C 45 Lesal Road Gordonville, PA 17529 Joan S. Weaver Susquehanna Valley Transport, LLC 45 Lesal Road Gordonville, PA 17529 MARTSON DEA RDORFF WILLIAMS & OTTO By Steven J. hanahan, Esquire Attorney I.D. 90917 Ten East High Street Carlisle, PA 17013 (717) Date: April 30, 2004 243-3341 Attorneys for Plaintiff nr xi-cuts[ m ii•ej r.,i ULUJJt 1KUMN!'11,1 rR? NJ. It 1'C4yy ASSLT PURCHASE AGR-ELMENT THIS AGRELME3NT, dated as of the 31st day of May, 2002, by and between Clouse '!rucking Inc., a PA Corporation with offices nt 2075 Ritncr I liglimy, Carlisle, PA 17013(hereinafier referred to as "Seller'"), and Susquehanna Valley Trattspurt, LLC, of 45 Lesai Road, Gorrionville, PA 17529 (hereinafter referred to as "Buyer") and Phillip L. Weaver and Joan S. Weaver, husband and wife of Lancaster County, Pennsylvania (hereinafter referred to as "Uu,vantors' ). WHEREAS, Seller owns and operates a milk hauling business, (the -Business,"), which includes the Blue Ball Division servicing producers in Lancaster and Chester Countles as more fully described heioinaf 1,r; and WHEREAS, Seller desires to sell and Buyer desires to purchase certain assets of the llusincs, as specified herein in accordance with the t9nns and conditions ot'this Agreement; NOW, THEREFORE, in consideration of the mutual promises herein contained and,1111, payments he.einaller provided, the parties hereto agree as follows: 1. SALF. ANT) ['UMJ; Ar E OF ASSETS. Upon the execution hereof by the parties hereto Seller shall sell, transfer, and assign to Brayer, and Buyer shall purchase all of Seller's rigE:t. title, and interest in and to the assets of the Business (hereinafter referred to as the "Assets"), including the vehicles and other personal property described mote frilly in Exhibit "A" hereof, free and clear ot'all liens and encumbrances, and including all rights under Seller's milk hauling contracts relating to the Business in Lancaster and Chester counties excepting the "Southern Markets" (such as Order 5) produce. s and the Fry (Columbia) and Rhorer (Columbia) accounts. Scher horchy ;rants to Buyer the first right to service, or to refuse to service, as a subcontractor to Seller, tiny and Lill "South: rn Markets" producers wl-.ich Seller shall determine to subcontract out to a. third party hauler. Accounts receivable and accounts payable 1with respect to the Business shall net bo conveyed or assigned under this Agreement. In the event Buyer shall receive any paymens my accounts receivable from the Business, Buycr shall promptly fomaud such amounts to Seller. 2. PURC11ASE PRiP.. As full consideration for the Assets of Sol 1,1,r, Buy-1, shall pnv to Seller a purchase. price of TWO MILLION FIVE lIUNT)RF,I.) THOUSAND ($2,500,000.00; DOLLARS (the "purchase price") The purchase price specified herein shall be paid is foliows: c. A Proniissory Note in the amount of-I WO MILLION FIVE HUXDR-t) THOUSAND ($2,500,000) DOLLARS, plus any opcratin-capital advanced by S-Iter on Buyer's behalf as provided in Parngraph 12 hereof,, to he paid in monthly installments 0 no! less than'1'hirty Seven Thousand Five Hundred ($37,500) beginning July ', 2002. Said paymcrus shall be applied first to inretcst at the initial rate of interest of Six (6) per cc-,t i c r anmtm and thereafter to reduction of principal until paid in full. Provided howevcr Uact unless sooner paid, ali principal and unpaid interest shall be due and payable on or bati Julie 1, 2009. Provided further that the interest rate shall be changed annually, beginning „?tt June 1,'005 to such rate as Seller shall establish, but by no means to be grater than the prime intterest tale as reported in the Wall Street journal as of May 31" 2005 and on the annual anniversary thereafter plus one anei one-half 0 4 %) per cent, Provided, however. that at no time shall the interest rate hereon be more than nine (9°io) pcr cent nor less than six (6%) per cent per annum. The full obligation in the amount stated above shall be further secured by encurrbranccs to be placed on the titles to all titled vehicles to be conveyed hereunder. in addition, 'mcnt Guarantors shall, at closing, execute said Promissory Note, personally guars-.ntxingE r PIy thereof. A copy of said Promissory Note is attached hereto and incorporated herein by reference thereto as Exhibit "B". in addition to said Promissory Note Buyer shall execute a security interest and financing statement or statements securing all assets listed in Exhibit "A". Also, as further security for the payments due to Seller from Buyer above, the parties agree that until all obligations hereunder have been met by Buyer, Seiler shall retain the Land O' Lakes contact :n Seller's name. Seller shall provide Buyer with a photostatic copy of all receipts of funds under said contract, and all such receipts shall be credited to the monthly payment obligations of Buyer hereunder, 4, L TABTLITiES. Buyer is assuming no liabilities of Seller. 5. 1ZIZSIIQI:A1'IUNS?TD WARRANTIES OF SELLER. Seller hereby represents and warrants the following to be true on the date of this Agreement: a. The Seller owns the Assets tree and clear of all claims, liens, mortgages, security interests, encumbrances, claims, and demands of any nature. b. Execution and delivery of this Agreement and consummation of the transactions contemplated hereby do not conflict with or result in a bread, ol'any of the terms, provisions, or conditions of any agreement, lease, or other agreement or instrument to which Seller is a party, or by which it is bound, nor does execution of this Agrecutant and consummation of the transaction contemplated hereby constitute a default thereunder; Buyer acknowledges that each representation of Seller is made to the best of Seller's actual knowledge. C. There are no employment contracts, union contracts, pension, profit shmring, or retirement plans, agreements, or obligations for the benefit of any employee or other parson rclatiug to the Business which shall adversely affect Buyer. d. The execution of this Agreement between the parties constitutes a legal and binding obligation and is not a violation of any outer agreement, and there is no t'Oluntay agrcc.ncnt between the Seller and any other party for the sale of any of the Assets to be sold rnJer this Agreement. c. Seller believes the T:xlr;bits to this Agreement set forth are true, complete, and accurate information describing the matter set forth therein. £ Seller is not in default under or in violation of, any applicable statute, law, ordinance, decree, order, rule, regulation of any goverrunental body, or i:r default under, or in violation of, ally provision of its articles of incorporation, bylaws, any promissory node, indcuturc or any evidence of indebtedness or security therotur, lease, contract, purcl•,ase, or other comntiiinent or any other agreement to which Seller is a party or by %vhinh Seller is lxnmd which may result in any adverse effect on the Business , g. 'l here is no suit, claim, action, or proecedings now pending or fteatemxI before nay court, administratiNe or regulatory body, or any governmental agency, nor is Seller aware of any grounds thercfor, to which Seller is a party or which may result in any judgment, order, decree, liability o: other determination that will, or could have any material i:dverse e1Tect upon the business or conditions, financial or other visc, of Seller. No such cndgmcnt, eider or decree has been entemd against Seller nor any such liahility incurred that Eas, or could have, such effect. 't'here is no claim, action, or proceeding now pending or threatened before any court, administrutive or regulwory body, or any govenuneutal agency, thitttwill, or could prevent or hamper the coasummatien ol`the transactiiats contemplated by this Agreement, h. No contracts have been lost'oy Seller subse iaent to December 11, 2001 which shall substantially and adversely affect the Business being conveyed hereby, 6. $L 'jtBS(rN"fATi()1v'S ATvD WARl_,&b11L?. RUYF,R. Buyer makes the following representations and warranties to Seller as an inducement to enter into and consummate this Agreement as contemplated limin: a. Buyer has entered into no contract that wil l interfere with Buyer's ability to consummate this transaction as contemplated herein. b. There is no litigation, proceedin% or governmental investigation pending or, so far as is known to Buyer, threatened, against or relating to Buyer or Buyer's business or the transaction contemplated by this Agreement, nor is there any basis known to Buyer for sr•clh action, 7. RI'PRI°ShN'1'A''lC1NS'T't) S11I2ViVE CL[7Sli IQ, All of the representations and v::urarties contained herein pursuant to this Agreement or in connection with the transactions contemplated by it are a material part of the consideration for th;: sale of the Assets and the iuclacenient for Buyer to buy the Assets and Seller to sell the Assets. For the purposes of each representation and warranty contained herein, Seller and Buyer arc materially relying upon tb:, rcpresatta,ions of each other, S. AGRFFMRNT NOT TO COMPETE. Seiler agrees not to interfere in nny wny witli contractual relationships related to the conveyance of producer contracts as described in parai:rap h 1 hereof. l3uycr agrees not to interfere with the accounts of Seller excepted fiom this tra 1s etion i,s 111011" fully set fonlh in paragraph I 'hereof. 9. D PI NSr5., Each of' the parties to this Agreement shall pay their or its own "Penws in connection with this Agreement and the transactions contemplated thereby, including the ices and expen a al'counsel, accountants; or other professionals. 10. LEASE AGRI ,CUiEN'1'. Contomporancomly with the execution hereof and :he tra,nsl'cr of the Assets of the Business of Seller the parties hereto agree to eater into a lease agrc,nti+nt for the property owned by Seller at 36538 Division Highway, Last Earl, PA , a copy of which lease is attached hereto and incorporated herein as Exhibit "C". Said lease shall include an nrtion for Buyer to pmehase the leased property as more fully set forth in Exhibit "C". 11. <KPyQSS- COi,i.ATFRALT7.A`tION OF PRIOR Ulai,lGA1'IONS. The parties acknowledge that Guaranters are presently indebted to Seller under terms of a certain Note and Motgage secured by that certain property known and lumbered as 5085 Old Philadelphia Pike, Kinzers, PA.. It is agived by the parties hereto that the said Not, and Mortgage shall be cross- colhrtcralircd with the obligutions ol'Buyers hereunder, and said obligations shall not b: released until and unless all obligations under said mortgage and under this Agreement shall have been paid in Jul 11. 12, ADVANCE OF ADDITIONAL FUNDS BY SPUT'R. The Seller may from tilt- to time advance Buyer funds to serve as operating capital for the BLLdness being conveyed hereby. Any such additional amounts shall be documented and shall be added to the obligations of Buyer under the terms of the Promissory Note and repaid in accordance with the terms thereof. 13. RIQHT OF FIRST RLIUML, Scher hereby grants to Buyer a tight of first refusal fu pur6ase the producer's contracts excepted from this conveyance as described in paragraph 1 horcof upua the teens and conditions orally bona fide offer to purchase which Seller desire= to accept. Buyer shall exercise such right of first refusal by giving written notice to Seller within iiftoen (15) days of dclivers.of a copy of such third pan), offer to purchase and closing on said pcrchose within thirty (30) days o f colic- of desire to exercise said right of first refusal. Upon the Failure of Buyer to provide said notic- or to close as provided alcove, this right of first ieA;sal s`iall be deemed null and void and neither patty shall have any further rights or obligations related thereto. 14. Ij!?lL'NFORCFAddIt.I'T Y U1?A1\Y PROVISIONS.. The wtenforccabiiity or invalid'ty of any provision o: this Agreement shall not affect the enforcetibility Enid validity of the remainder of thi, Agreement, which shall continue in Full force and effect. 15. VQTICF.. Notice required or permitted hereunder shall be in writing and shall ire clalivared by hand or deposited in the United States mail addresscd to the parties at the addresses hcrvinobove rotated. 1:11 "! -!L :IV ? 'Ll 1!1 VLVVVL I.1V V1l l:f'w 16, AUIGNMENT. Except with the express written consent of tite Seller, lia_veis inurest in this Agreement shall riot be assignable or otherwise traatsferred in whole or in part, This Agnc.;mcnt shall inuro to the benefit of and be binding upon the parties and their respective. successors and assigns. Provided, Iwwever, that Buyer shal I have the right to assign this Agreentcat u1 c: corporation to be created by Phillip 1.. Wcavcr. Provided further that no such assil ntnent shall a fk-c-c the obligations of the Guaranrcrs hereunder. 17. pgg&LRAGE_ Seller and Buyer represent that tltere is no brok: r or agent involved in c[Tecting this tamsactiou. ScIIJr and Buyer hereby agree to indemnify and hold each other harmless for any liability or claim for the payment of any commission, inch ding interest and nitorneys' fees; arising from the conduct of the other party, These representations are made as part of the consideration of this transaction. This paragraph shall survive passage of title and delivery of a deed and other conveying documents, I S. HEAD All headings used heroin are for converiencc anti reference only and shall not be deemed to have any substantive effect. 19. gL4 II E AMPI MPNT. This Agreement along with the exhibits and documents dchvcrcd pursuant lterete, constitute the entire contract between the partial ho reto, pertaining to the r:ubjcct matter hereof, and supersede all prior and contemporaneous agrecmcnts, understandings, :J:?,JlliltiJnS, and discussions, whether written or oral, of tho parties; and thee; are no representations, warranties, oz other agrecmcnts between the parties in connection with the subject neater hereof, except as specifically set forth herein or therein. No supplement, modification, or .val. ver of this Agreement shall be binding unless executed in writing by the patties to be bound thereby 20. I;Ur. m INS, 1'1tUM[Lr I$AN'U ACTIONS. Each party shall deliver any further hlstruments and take any further action that. may be reasonably requested by the other in order to r.arry out die provisions mid purposes of this Agreement. 21. f10VEMNING LW. This Agreement shall be governed by and construed in aceordnnee with the laws of the State of Pennsylvania. 22. MISCELLANEOUS, until all obligations of Buyer to Seller hereunder are paid in full Buyer shall deliver to Seller or Seller's accountant such financial repots related to the Business as shall be appropriate ror Seller to monitor the fmunees of the business. IN WITNESS WHEREOF, and intending to be legally bound, the undersigned have c.xcculcd this Agreement us ofthe date first written above. AT IFEST: SELLER: CLOUSE TRUCKiNG, INC. (SLiAL.) ScCrdar} Preside•.tl ? •••? ?- 'Au II'CI 1!I VLVU 1-1VII I. I. BUYER: SUSQUEIiANNA VALLEY TRANSPOK"I', LLC BY: (SEAL) Phillip L. Weaver, Managing Member GUARANTORS: Phillip L, Weaver _(SEAL) Joan S. Weaver COMMERCIAL LEASE THIS LEASE entered into this _ day of 2001, by and e;ween J. EDWARD CLOUSE and CALENE M. CLOUSE of 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, (Lessor) and SUSQUEHANNA VALLEY TRANSPORT LLC, a Pennsylvania Limited Liability Company with offices at 45 Lesa Road, Gordonville, Lancaster County, Pennsylvania, (Lessee). WITNESSETH: Lessor hereby leases to Lessee and Lessee teases from, Lessor, for the term and upon the terms and conditions here`nafter set forth, the prern'ses described below, upon the following terms, conditions and restrictions: 1. LEASED PREMISES. The leased premises shall include that certain tract of land known and numbered as 3638 Division Highway, East Farl, PA, including the garage, the garage apartment and the adjacent parking area. Further, Lessor reserves the right to display for sale on the leased premises up to six (6) vehicles or pieces of equipment at any one time, unless such activity shail violate any municipal regulations. The property is being leased In its "as is" condition and Lessor shall have no obligation to make any improvements, repairs or any duty of maintenance during the term hereof. 2. TERM AND EXTENSION. This lease shall extend for a term of one (1) year beginning June 1, 2002. Upon notice in writing to, Lessor, Lessee may extend the term of this lease for up to six (6) additional one year terms. Such notice shall be given no later than one hundred twenty (120) days prior to the end of each one year tern. 3. RENTAL. The rental for the initial cone year term hereof shall be Thirty-six Tnousand (636.000.00) Dollars payable in monthly installments of Three Thousand ($3,000.00) Dollars, first payment due on or before the date of commencement of the lease and on or before the monthly anniversary thereafter. In the event Lessee elects to extend the term hereof the rent shall continue at the same rate as the initial one year term for each of the following four (4) one year extensions, if the lea:,e is further extended. the rental for each of the additional one year extensions shall be, Ninety-six Thousand ($96,000) Dollars, payable in monthly installments o` Eight 'Thousand ($8,000.00) Dol':.ars. r I!':,-JV c"L 1.1? It,LV I:, VLVVV. ..... v...... 4. USE. The premises may be used for milk hauling and related uses. With the written consent of Lessor, which shall not be unreasonably withheld, the premises may be used for any other lawful purpose not in conflict with municipal zoning or environmental regulations which will make void or voidable any insurance on the leased premises. 5. UTILITIES. Lessee shall pay all utility charges used on the premises and shall be responsible for the cost of trash removal. 6. TAXES. Lessor shall be responsible for the payment of all real estate taxes and assessments that shall be imposed on the Premises. 7. INSURANCE. Lessee shall, at all times during the term of this lease and any extensions hereof purchase and maintain Public Liability Insurance, including bodily injury and property damage coverage of not less than $500,000.00 per occurrence, Lessor, during said term shall purchase and maintain Fire and Casualty Insurance including vandalism and malicious mischief in an amount not less than 909/6 of replacement cost of all structures on the leased premises. Each party shall be included as an additional insured, as it's interest may appear, on all such insurance coverage obtained by the other party. Lessor's mortgagee, if any, shall also be included as an additional insured on such insurance coverage. Proof of all insurance as required hereunder shall be delivered to Lessor, Lessee, and Lessor's mortgagee, if any, as requested by any such party from time to time. 8. SIGNS. Lessee shall have the right to place such signs as are usual and incidental to Lessee's business. Provided, however, such signs must conform with all applicable municipal zoning or sign regulations. 9. MAINTENANCE. Lessee shall be solely liable for all maintenance and repairs to the leased premises during the term of this lease and any extensions thereof and shall return the premises to the Lessor at the end of the lease in the same condition as at the commencement date hereof, ordinary wear and tear alone excepted. All repairs and replacements as well as any improvements placed on the property (except trade fixtures) shall, upon termination of the lease, become the sole property of Lessor. 10. ALTERATIONS AND TRADE AND OTHER FIXTURES. Lessee shall not make any alterations involving structural changes without securing Lessor's written consent. Lessee may install or cause to be installed such equipment and trade and other fixtures as are reasonably necessary for the operation of its business. Such equipment and trade fixtures shall remain personal property, and tit!e thereto shall continue in the owner thereof, regardless of the manner in which same may be attached or affixed to the demised premises. Approved structural changes shall ..:1 .I. _JVL 1.111 .l ll l .1 11 11 u ..,vv....- become the property of Lessor upon expiration or termination of this lease. Lessee shall repair any damage to the leased premises by the installation or removal of any such equipment and fixtures. 11. CASUALTY DAMAGE. If the demised premises shall be damaged by fire or other cause daring the term of this laasa. lessor shall be responsible for the repair or replacement of all damaged improvements on the premises. in the event such damage, other than damage caused by Lessee, its agents, employees or business invitees, prevents lessee from conducting its regular business on any portion of the leased premises, the rent shall be abated until repairs are made in proportion to the percentage of the demised premises which are rendered unusable for lessee's purposes. In the event such damage is caused by Lessee, its agents, employees or business invitees, the lease obligations of Lessee shall continue unabated. If the demised premises or the buildings thereon are so damaged that Lessor shall in its sole discretion decide to demolish the buildings, whether or not L.I:!ssor shal,, thereafter determine to rebuild same, Lessor may. within thirty (30) days for such fire or other cause, give Lessee a notice in writing of such derision, and thereupon the term of this lease shall expire by lapse of time ten (10) days after, such notice is givsn and Lessee shall vacate tine demised premises and surrender the same to Lessor. This lease shall not be demmed terminated by reason of total or partial de,tructior, except as herein provided and Lessee hereby expressly waives ary statutory provisions concerning such rights, if any. 12. COMPLIANCE WITH LAWS. Lessee will promptly comply with all applicable and valid lays, ordinan:aes and regulations of Federal, State, County, PAur,icipal or other lawful authority pertaining to the use and occupancy of the leased r.rrernises, incluaing without limitation zoning and environmental '•aws and regulations. 13. ASSIGNMENT AND SUBLETTING. Lessee shall have the right to assign or sublease the whole or any part of the demised prerr,ises only with the prior written consent of i-essor, which consent shall not unreasonably be withh-M. 14. EMINENT DOMAIN. If all of the leased premises is taker, .order the power of eminent domain or conveyed under threat of condemnation proceedings, or if only a part of such premises is so taken or conveyed and Lessee she!1 determine that the remainder is inadequate or unsatisfactory for its purposes, which determination shall not be arbitrarily or capriciously made, trier, in either event, tin's lease shall terminate effective as of the date Lessee Fs required to gave up the right to occupy or use any part of the leased premises. The termination of this lease as 6rbcve provided shall not operate to deprive Lessee of the right to make calm against the condemning authority for any damages suffered by Lessee, but Lessee shall hav- no tight to make any claim, against Lessor because of such temmiration. If this lease is not terminated as above provided, Lessor and Lessee shall agree upon an equitable: reduction of the rental. If the parties fail to agree upon such reduction within 80 days from the date of the final award or payment for the part of the leased premises so taken or conveyed, Lessor and Lessee shall each choose one arbitrator and the two arbitrators so chosen shall choose a third arbitrator. The decision of any two of the arbitrators as to the rental reduction, if any, shall be binding on Lessee and Lessor and any expense of the arbitration shall be divided equally between Lessee and Lessor. 15. INDEMNITY. Lessee shall indemnify Lessor against ali expenses, fabilities, and claims of every kind, including reasonable counsel fees by or on behalf of any person or entity arising out of either (1) a failure by Lessee to perform any of the terms or conditions of this lease, (2) any injury or damage happening on or about the demised premises, or arising out of the conduct of the business, (3) failure to comply with any law of any governmental authority, or (4) any mechanic's lien or security interest filed against the demised premises or equipment, materials or alterations of buildings or improvements thereon. 16. ATTORNEY'S FEES. If suit is brought to enforce any covenant of this lease or for the breach of any covenant or condition herein contained, the parties hereto agree that the losing party shall pay to the prevailing party a reasonable attorney's fee, which shall be fixed by the court, and court costs. 17. DEFAULT. a) In the event of any of the following occurrences of "enforceable default", Lessor shall be entitled to pursue one or more of the remedies set forth in Paragraph 17b hereof., 1. Non-payment of rent for a period of ten (10) days following the due date, provided Lessor shall have given Lessee written notice of said non- payment and an additional ten (10) days opportunity to cure said default in payment. 2. Breach of any of the other covenants of this lease provided that Lessor shall have given Lessee written notice of such breach and a period of thirty (30) days within which to cure same. 3. The filing of a petition in bankruptcy, whether voluntary or involuntary, against Lessee or Lessee's adjudication as bankrupt or insolvent in any court. ..il l Jr _ :J:_ ..IV L 1 - Al 1 :1 V:.V'JI, 1-1- - ..- 4. The appointment of a receiver or trustee in bankruptcy for Lessee, 5, The making of any assignment by Lessee for the benefit of creditors. b) Lessor's remedies in the event of an 'enforceable defaait" shall bz a-c follows: 1. Lessee hereby empowers any appropriate governmental official or Attorney of any Court of Record to appear for Lessee in any and all actions which may be brought to recover the rent due for the remainder of the term: and/or to sign for Lessee an agreement for entering in any competent court an Arnicabie Action or Actions for the recovery of such rent, and in said Amicable Action or Actions to Confess Judgment against Lessee for the rent due, and for the rent for the remainder of the term, and for interest and costs, together with attorney's fees of 10% of such amount due; and Lessee hereby expressly waives and releases all errors and defects in entering such judgment and further waives and releases all relief from any and all appraisement, stay or exemption laws: now in force or hereafter to be passed, and also waives the right of inquisition on any real estate that may be levied upon to collect such rental. In addition to any other rights of Lessor hereunder, Lessor shall, in the event of an enforceable default, be entitled to interest on any judgment at the late of twel re (12:fi) percent per annum from the date of entry of such judgment. 2. Any Attorney of any Court of Record of Lancaster County may, at the request of Lessor, and, as the agent or the attorney of Lessee, sign an agreement for entry in a competent court an Amicable Action of Ejectment and confess Judgment in Ejectment thereon for the said premises tc any term, past or present, against Lessee, and all persons claiming under Lessee, without stay of execution, or appeal, and, for so doing, this shall be a sufficient Warrant, and, thereupon, a Writ of Possession or such other writ as may then be appropriate may immediately issue on said Judgment, all errors and defects in entering such Action and Judgment, or in the issuing of such Writ, or in any proceeding thereon, or concerning the some, being hereby expressly waived by Lessee, and by any person or persons whatsoever claiming through, by or under Lessee, and a copy of this Lease, with any modifications thereof, being filed in the said Action, it shall not be necessary to file the original as a Warrant of Attorney, any iaw or Rule of Court to the contrary notwithstanding. 3. At the option of Lessor, this Lease shall determine, and become null and void, and Lessor may re-enter upon, and repossess the herein demised premises. c) The exercise of any remedy or remedies provided herein, by Lessor, shall not preclude Lessor's exercising, concurrently or successively: one or more other remedies provided herein, or authorized by law. 16. LESSOR'S COVENANTS. Lessor covenants that he has good and marketable title to the demised premises in fee simple absolute and that the same is subject to no leases, tenancies, agreements. encumbrances, liens, restrictions or defects in title affecting the demised premises or the rights granted Lessee in this lease; that there are no restrictive covenants applicable to the demised premises which will prevent Lessee from conducting its usual business. 19. QUIET ENJOYMENT. Lessee upon paying the rent and performing the covenants and agreements of this lease shall quietly have, hold and enjoy the demised premises and all rights granted Lessee iin this lease during the term thereof and extensions thereto, if any. 20. SUBORDINATION, Lessee hereby agrees that its leasehold interest hereunder is subordinate to any mortgages now on, or hereafter to be placed on, the premises leased hereunder; provided, as a condition precedent to such subordination, each such mortgage shall expressly covenant or each such mortgage shall expressly provide that so long as the Lessee is not in default under said Lease Agreement, the Lessee's quiet possession of the portion of the premises leased hereunder shall remain undisturbed, on the terms and conditions stated herein, whether or not the mortgage is in default and notwithstanding any foreclosure or other action brought by the holder of the mortgage in connection therewith. This Subordination Agreement shall be self-operative and no further instrument or certificate of subordination shall be required from Lessee. 22. OPTION TO PURCHASE. At any time during the term of this lease or any extensions hereunder, Lessee shall have the option to purchase the said property together with all improvements thereon situate. The purchase price therefor shall be One Million ($1,000,000) Dollars. The parties shall divide the real estate transfer taxes equally. Real Estate taxes shall be prorated to the date of deed conveyance. The Lessor shall convey the property by special warranty deed and the Buyer shall pay the cost of title certification or title insurance. Each party shall be responsible for its own legal costs associated with such conveyance. The option to purchase granted hereunder SHALL ONLY be exercisable in the event Lessee shall have paid in full all obligations due from Lessee to Lessor under a certain Agreement of Sale for certain milk hauling interests of Lessor, entered into between the parties hereto as of May 30, 2002. The option shall be exercised by Lessee providing Lessee thirty days advance notice of intent to purchase. 1Ir'-')'ir iVG it•JC f[I VI.VJ.4. Inwn:.I- 23. NOTICES. Any notices required or permitted hereunder shall be in writing and delivered either in person to the other party , or by United States L'ertifiec Mail, Return Receipt Requested, postage fully prepaid, to the addresses set foh hereinabove or to such other address as either party may designate in writing. 24. RECORDING, -This lease agreement shall not be filed for public record by any party hereto. 25. COMPLETE AGREEMENT, This lease contains a complete expression of the agreement between the parties and there are no promises, representations or inducements except such as are herein provided. 26. NOTICE OF VIOLATIONS. Lessor represents and warrants tha; tie has received no notices that the premises are in violation of any laws, ordinances, and/or regulations relating to the structures thereon and the use of the premises, or of any violations of building codes or other laws, ordinances and/or regulations. 27. TIME OF ESSENCE. Time shall be of the essence in this agreement. 28. BINDING AGREEMENT. This lease agreement shall inure W the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. EXECUTED BY LESSOR this 31st day of May, 2002, Witness J. Edward Clouse 1,rJ1tness Calene M. Clouse ?? EXECUTED BY LESSEE this 31st day of May, 2002. Witness SUSQUEHANNA VALLEY TRANSPORT, LLC By: Phillip L. Weaver, Managing Member CLOUSE TRUCKING, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants NO. 2004-1943 Civil Term CERTIFICATE OF SERVICE I, Shawn P. Quinnan, Esquire, attorney for Defendants, certify that I served a true and correct copy of the Petition to Strike or Open Confessed Judgment upon the following at the address(es) listed below, by first class mail, on May 27, 2004: Steven J. Shanahan, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff ,CASE & DIGIAMBERARDINO, P.C. Date: 5/27/04 By. ha P Quinn , Esquire Attome . . 0s4 541 Court St. Reading, PA 19601 Attorney for Defendants N C` C1 c ?? , s T y ' ? ?? ?.,? ( nom il'? ' N ??3 '1:J _ -? _ _ _?; .. _? ca SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01943 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSE TRUCKING INC VS SUSQUEHANNA VALLEY TRANS ET AL R. Thomas Kline S , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SUSQUEHANNA VALLEY TRANSPORT LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within NOTICE -RULE 2958.1 JUDG/ On June 7th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 16.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Cc 108.00 .00 145.00 06/07/2004 MDW&O Sworn and subscribed to before me this qf!' day of L),,,,,,__ 1, 1,tv { A.D. Prothonotary / So answers =-y r? R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01943 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSE TRUCKING INC VS SUSQUEHANNA VALLEY TRANS ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WEAVER PHILLIP L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within NOTICE-RULE 2958.1 JUDG/E On June 7th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/07/2004 MDW&O So answer_ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of JUU`( A.D. ti o..? rothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01943 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSE TRUCKING INC VS SUSQUEHANNA VALLEY TRANS ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WEAVER JOAN S but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of JOAN S WEAVER County, Pennsylvania, to serve the within NOTICE-RULE 2958.1 JUDG/E On June 7th , 2004 , this office was in receipt of the attached return from JOAN S WEAVER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/07/2004 MDW&O Sworn and subscribed to before me t?A this ? I day of ,Z&V V A. D. Toth Prothonotary So answer R. Thomas Kline Sheriff of Cumberland County 3'OF3 SHERIFFS OFFICE 50 NORTH DUKE STREET, P.C. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE: I PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. I PLAINTIFF/S/ 2 COURT NUMBER Clouse Trucking, Inc. 04-1943 civil 3 DEFENDANT/S/ Joan S. Weaver; 4 TYPE OF WRIT OR COMPLAINT Notice undre Rule 2958.1 of Susquehanna Valley Transport, LLC; Phillip L. Weaver; Not SERVE 5 NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC TO BE SERVED -3udgcmcnt & execution thereon Susquehanna Valley Transport, LLC 6 ADDRESS (Street or RFD, Apartment No, City, Bard. Twp., State and ZIP Code) AT 45 Lesal Road, Gordonville, PA 17529 7. INDICATE UNUSUAL SERVICE: DEPUTIZE U OTHER Curri.?@rland Now, . May 3 20 04 , I, SHERIFF OF`:7t._1 OVER COUNTY, PA., do hereby Ateputize the Sh f f Lancaster _ County to execute this Writ urn thp? eof tng to law. This deputation being made at the request and risk of the plaintiff. $M FIFF OF?.000p'rY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ruirlberland Please mail return to service to Cumberland County Sheriff. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notliving person of levy or attachment, wdhout flab, l ify on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sale thereof 9. SIGff ATURE of ATT Y or other ORIGINATOR 1 10. TELEPHONE NUMBER 11 DATE f _ / / ?-- -+J 717-243-3341 yf 34 0`q 12. D NOTIC F SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) Steven J. Shanahan, Esquire Yartson Deardorff Williams & Otto Ten Fast High Street, Carlisle, PA 17013 3 H N n d n E en c z SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13 1 acknowledge receipt of the writ tt NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date or complaint as indicated above I ANNETTE WALTON (717) 3609 5/4/04 _ /1/04 _ 16. 1 hereby CERTIFY and RETURN that 1 -7 have personally served ave legal evidence of service as shown in "Remarks 7_1 1 have executed as shown m "Remarks' the writ or complaint described on the individual, company, corporation, etc, at the address shown above or on the ndividual.company .cor- poration. etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 ;J I hereby certity and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (it not shown above) RRehi onship to Defendant) 119 LNo Service `'!,? ?/ - C. ' V `"Vr '"x'?!` v C..?/?-?? S. Remarks Bat. (No. 30) Ad dress of where served (complete on ly d d ifferent th an shown above) IS freer or RFD, Apartmen t No. C ity Boro. Twp 21 Date of Service 22 Time State and Zip Code) d [_.fJ ?,app[c [.t,..C.itr_L..f py,? A- k ST nzeCS. 's, ?a Pb iadell3ha Ike ^/ -?r? r Y! ?r f 953 / ? L? l o jL; ?o U ?' t-t535 23. ATTEMPTS ??Da ! Miles Dep. Int. jpad Miles Den. Int. Date Miles I Dep. Int. l Date I Miles Dep. int. Date Miles Dap. Int. 24. Advance Costs)(`? / 25. Service Costs I26. Notary Cert. I27 Mile4gq/Postage/.F. I28 Total Costs 29 COST DUE OR REFUND R t 33?,?7 (?,?) 30. REMARKS. S.T.A/ 31. AFFIRMED and s scribed to before me this 3 _ 34. day of ? 20 1 37 ,'/6 / 4Y COMMISSION E rj//„jM WHITE Issuing Authority 2. PINK - Attorney??VV3. CA - Sheriff's Office 33,IIate e, Dep a `A 7S azure anenn / 3fi to JJ//////ppTT r 1 Fi_L A TE UNTY 4. BLUE ? Sheriff's Office •et l OF3 - SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEG'iPLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES.' 1 PLAINTIFFS/ 2 COURT NUMBER Clouse Trucking, Inc. 04-1943 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Susquehanna Valley Tran sport, LLC; Notice under rule 2958.1 of Phillip L. Weaver; and Joan S. Weaver judg & exec there In SERVE 5 NAME OF INDIVIDUAL., COMPANY CORPORATION ETC. TO BE SERVED Phillip L. Weaver 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp , State and ZIP Code) AT 45 Lesal Road, Gordonville, PA 17529 7 INDICATE UNUSUAL SERVICE:J{N DEPUTIZE ? OTHER }{13didbdX! Y" 6lmherl and Now, may 3 20 04 I, SHERIFF OF 'L ....,,.COUNTY, PA., do hereby de pLtize the Si T.arncaater County to execute this Writ anaY-r a ?, i ;uy f to law. This deputation being made at the request and risk of the plaintiff. 'T sMSnirr ouataeaen!a couv,v II. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail retrun of service to Cumberland County Sheriff. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachmentr without l lability on 7 the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. C 9. SIGyATURE of T EV or other ORIGINATOR 10. TELEPHONE NUMBER 1 I. DATE 2 E(///{[?- _ 717-243-3341 12. NO NOTI OF S RVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) Steven J. Shanahan, Esquire Martson Deardorff Williams & Otto Ten Fast High Street, Carlisle, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ tt NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing dale orcomplaintas indicatedabove. I ANNETTE WALTON (717) 09 5/4/04 6/1/04 16. 1 hereby CERTIFY and RETURN that I ? have personally served ave legal evidence of service as shown in "Remarks L have executed as shown in "Remarks the writ or complaint described onthe individual ,company, corporation ,etc.. at the address shown aboveoron the individual ,company .cor- poration , etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. f71 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above (See remarks below) 1`8 N /gym man tl`ti lie of individual served (it not shown above) CJT ab `ove) (Relationship to Defendant) 19 L No Service r-/ 3'- `/?'t/' `e) ?el?-^- See Remarks Below (No. 30) 20 Address of where served (complete only it different than shown above) (Street or D. Apartment No. City, Born. Twp 21 Date of Service 22 Time State and Zip Code) -PM / .Iui L 23. ATTEMPTS Oat Miles Dep Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep- Intl. Date Miles Dep. Int. C? ? ? 24. Advance Costs 25. Service Costs 26. Notary Cert. 27 Mileage/PostageukF. 28 Total Costs ,22 COST DUE OR REFUND R 150.00 1o0°so 30. REMARKS. S.T.A ! SOR. /Y'•? ?-'! Tva" 31. AFFIRMED and subscribed to before me this (-""V/ J J2 -9,meture or 7 ( 33 s 20 Q y Dp.S?frl ?? `- - 7 Y 34 day of ,pate . ` _ rte` 35 Signature M SO tirr_ ? _... /+ +J 36 D/?1e? l //I 37. 1W*`Ap rte. ` _ R,? NTY L? 1 MV COMMISSION E //''/ TT - 1. WHITE -Issuing Authority 2, PINK - Attorney 3. C RV Sheriff's Office 4. 13tUE -Sheriff's Office - ^ - °• --""•• •' •'-•"°'^`''' 2'OF3 - SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. PLAINTIFF/S/ 2 COURT NUMBER Clouse Trucking, Inc. 04-1943 civil 3 DEFENDANT/S/ Susquehanna Valley Transport, LLC; 4g6tj8?WBjj&yWj} 'N? 958.1 of Phillip L. Weaver; and Joan S. Weaver judgement & execution thiRT-Pon SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED Sncs?mrsmammaxYa???xTxamsxkxkk8x Joan S. Weaver 6 ADDRESS (Street or RFD. Apartment No City, Boro, Twp_ State and ZIP Code) AT 45 Lesal Road, Gordonville, PA 17529 7 INDICATE UNUSUAL SERVICE: MVEPUTIZE L OTHER Cumberland. Now, may 3 20 U4 I, SHERIFF OF MAIM i/IEI. COUNTY, PA., do here p e the Sherif Lancaster County to execute this Writ an gjCtc to law. This deputation being made at the request and risk of the plaintiff. $NERIFF OF40NON?OVNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cunberl and Please mail return of service to Cumberland County Sheriff. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sale thereof. 9. St URE of ATTOR er ORIGINATOR 10. TELEPHONE NUMBER 11 DATE of //N/? 717-243-3341 y/34 Dy 12. D NOTICE OFSERV CE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) Steven J. Shanahan, Esquire Martson Deardorff Williams & Otto Ten East High Street, Carlisle, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of thewnt 11 NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date orcomplaintasintlicatedabove.( ANNETr19ALTON (717) 295-3609 5/4/04 6/1/04 16. 1 hereby CERTIFY and RETURN that I, av/epersonally served, ? have legal evidence of service as shown in "Remarks', L have executed as shown in "Remarks". the writ or complaint described on the individual, company, corporation. etc., at the address shown above oron the individual, company. cor- poration. etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 O 1 hereby certify and return a NOT FOUND because I am unable to locate the indrvidear company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19. LNo Semoe See Remarks Below (No. 30) 20 Address of where served (complete only 11 different than shown above) (Street or RFD. Apartment No. C ily, Boro. Twp 21 Date of Service 22 Time State and Zip Code) I=M ?`rtD /? ?V d-TDST 23. ATTEMPTS ?at' Miles Dent. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Intl Date ( Miles Dep. Int. 24. Advance DOSta ' 25. Service Costs 26. Notary Cad 27. Mileage?/Poostage/N F. 28 Total Costs 29. COST DUE OR REFUND R k -5 30P 30. REMARKS. S.T.A.'. SQ RI?WER? 31. AFFIRMED and subscribed to before me this \v II? v ?T`''?+ C/ lure of r ` 33Ce 20 DeP a ?, to r Rs.r 34. day of 35 Signature of Sheriff ___- 36 D to n 37 y /( H0 O S /SIRS y l% MY COMMISSIO Ex PIKES tG 1. WHITE - Issuing Authority 2. PINK Attorney ANARY - Sheriff's Office 4,,,ULUE - Sheriffs Office CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILLIP L. WEAVER and JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1943 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of June, 2004, upon consideration of Defendants' Judgment Debtors' Petition To Strike or, Alternatively, Open Confessed Judgment, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the petition within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, August 23, 2004, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, 91 f li u3Z A?'?! 0?!C7H1.t?id,?HL ?0 ??raa0-C13rt1? Steven J. Shanahan, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff Shawn Quinnan, Esq. 541 Court Street Reading, PA 19601 Attorney for Defendants :rc F:\PILES\DATAFILE\G=aal\Cummt0491 A reply Vtde CLOUSE TRUCKING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants 19y3 NO. 2004AW -CIVIL TERM PLAINTIFF'S RESPONSE TO JUDGMENT DEBTOR'S PETITION TO STRIKE OR ALTERNATIVELY OPEN CONFESSED JUDGMENT AND NOW, comes the Plaintiff/Respondent, Clouse Trucking, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to the Petition of Judgment Debtors to Strike or, Alternatively Open Confessed Judgment, and state in support thereof: Admitted. 2. Denied. The averments of Paragraph 2 and its constituent subparts are conclusions of law to which no response is required by Pa. R.C.P. To the extent that a response is required, it is specifically denied that the confessed judgment should be stricken and/or opened; further, in response to the specific subparts of Paragraph 2, Plaintiff/Respondent responds as follows: A. Denied. It is specifically denied that Defendants Phillip and Joan Weaver did not knowingly sign a warrant of attorney authorizing confession of judgment against them individually. On the contrary, both Defendants Phillip and Joan Weaver voluntarily, and in their hand executed appropriate documents indicating that intent. The remainder of the averments of Paragraph 2A are conclusions of law to which no response is required. B. The averments of subparagraph 2B of the Petition are conclusions of law to which no response is required. To the extent that a response is required, it is specifically denied that the warrant of attorney was improperly relied upon to confess judgment, on the contrary, the warrant was properly relied upon. C. The averments of subparagraph 2C are denied as conclusions of law, and furthermore, do not appear to constitute art averment under Pa. R.C.P. D. Denied. The averments of subparagraph 2D are conclusions of law to which no response is required. To the extent that a response is required, it is denied that a Complaint in Confession of Judgment is required in the instant case as evidenced by the documents executed by, and on behalf of, the Defendants. By way of further response, Plaintiff has prepared such a Complaint, a copy of which is attached hereto as Exhibit "A," and incorporated by reference, therefore resolving any objections to form. E. Denied. The averments of subparagraph 2E are conclusions of law to which no response is required by Pa. R.C.P. To the extent that a response is required, it is denied that the Defendants have meritorious defenses, including: (a) unaccounted for payments pursuant to the note. It is denied there are unaccounted for payments on the note; please refer to the attachments to Exhibit "A." By way of further response, it is noted that ]Defendants /Petitioners have failed to alleged that they are not in default; (b) unaccounted "for self-help improper repossession of trucks, trailers and equipment." It is denied that any "improper repossessions" have occurred; on the contrary, titles for vehicles spoiled and wasted by SVT with the complicity of the Weavers, and removed to Crouse property to avoid fines from the local subdivision, are in Crouse's possession. (c) various claims resulting from breaches of the contract entitled "Asset Purchase Agreement" which is denied as a conclusion of law, and by way of further response, the pleading is inadequate to properly raise such alleged breaches, fails to provide any notice to the Plaintiff/Respondent of what claims might be raised, is a fatal defect in the pleading, and should be stricken. WHEREFORE, Plaintiff/Respondent prays this Honorable Court will deny the Defendants/Petitioners' Motion to Strike Off the Judgment, or in the alternative, Open the Judgment. MARTSON DE.ARDORFF WILLIAMS & OTTO By David A. Fitzsimons, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 6, 2004 Attorneys for Plaintiff/Respondent Clouse Trucking F:\FILES\DATAFILE\Genc \Cument\3491-4. comoonfjud. wpd CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY 1. Plaintiff, Clouse Trucking, Inc., is a Pennsylvania corporation engaged in the business of hauling milk whose last known address is RD 5, Carlisle, Pennsylvania. 2. Defendant, Susquehanna Valley Transport, LLC, (hereinafter S VT) is aPennsylvania Limited Liability Company engaged in the business of hauling milk whose last known address is of 45 Lesal Road, Gordonville, Pennsylvania. 3. Defendant, Phillip L. Weaver, is an individual whose last known address is 45 Lesal Road, Gordonville, Pennsylvania. 4. Defendant, Joan S. Weaver, is an individual whose last known address is 45 Lesal Road, Gordonville, Pennsylvania. 5. A true and correct copy of the Note under which Plaintiff is confessing judgment is attached hereto and marked as Attachment "A." 6. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. The Note under which judgment is being confessed has not been assigned. 8. Judgment has not been entered against Defendants in any jurisdiction for the unpaid sum of $2,808,539.94 or the interest of $201,926.31, for a total of $3,010,466.25 of the debt herein demanded. 9. The balance due under the Note is $2,808,539.94 plus interest of $201,926.31, together with attorneys' fees in the amount of $25,000.00, or such other amount that the Court deems reasonable. EXHIBIT "A" 10. An event of default occurred when the Defendant, SVT, did not make the required monthly payments pursuant to the agreement. Payment records reflecting the defaults are attached hereto and marked as Attachment "B." 11. Judgment is demanded as authorized by the Warrant of Attorney contained in the Note attached as Attachment "A." 12. The Warrant appearing in the attached Note is less than twenty years old. WHEREFORE, Plaintiff demands judgment in the sum of $3,010,466.25, plus attorney fees in the amount of $25,000.00 or such amount that the Court deems reasonable as authorized by the Warrant appearing in the attached Note, together with interest: from the date of the judgment and costs. MARTSON DEA RDORFF WILLIAMS & OTTO By: \ ' ?????.•? David A. Fitzsimons I.D. No. 41722 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Dated: July 6, 2004 PROMISSORY NOTE $ 2,500,000 May 31, 20r'!_- SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liabilit Company with offices at 45 Lesal Road, Gordonville, PA, "Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster rCoun y, referred to (hereinafter referred to as "Guarantors" a,. Pay to the order of CLOUSE TRUCKINGehreby INC individually and collectvelennsylvania with offices at 2075 Ritner Highway, a Pennnsylvania businessy o poratior i assgns, (the "Payee), 5 Carlisle, Cumberland County, Pennsylvania, or its in lawful money of the United States of America, and at su-! place as Payee may designate the principal sum of Two Million Five Hundred Thousar.11- ($2 500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling busines interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 200-, Said monthly payments shall be in the amount of no less than Thirty-Seven Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six 6 Thousanc' principal, until the principal, accru dent st and any ate; payments duethereunder are' paid in full. Beginning with June 1, 2005, the interest rite shall be subject to change annually at the option of Payee to a rate equivalent Ito the Prime Interest rate as published by the Wall Street Journal on May 31st preceeding the interest change date. that unless sooner paid, all principal, unpaid interest and late ay ents hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. r A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee if such is not made within ten (10) days of the date on which it is d eeand he mount of suchtlate charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonPa the manner due nonpayment of any of the liabilities, or any portion thereof, when and in proceeding , whether by acceleration or otherwise; (b) the institution of any g in bankruptcy, receivership or insolvency b or or (c) partial or full transfer or sale of an of the al by cu against the Maker, t he written consent of Payee prior to the full and Ifiinalamentg this Note without the obligations set forth in this Note. payment and satisfaction of the ATTACHMENT "A" The Maker hereby waives presentment for payment, notice of demand, notice c nonpayment or dishonor, protest, notice of protest, and all other notices in connectic- with the delivery, acceptance, performance, default or enforcement of the payment c4 any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owes' to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT; THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES " i, RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTIC. LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE Nr, CONFESS JUDGMENT HEREUNDER, HE WAIVES' THE RIGHT TO NOTICE IN PRIOR JUDICIAL PROCEEDING TO DETERMINE RIGHTS AND LIABILITIE MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN JUDGMENT AGAINST THE MAKER WITHOUT THE: MAKER'S OPPORTUNITY T' RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER Mk" HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT ANC MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFES JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANv SUCH EXERCISE IS HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCIS FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIZ:= HAVE BEEN PAID IN FULL. If any provision hereof is found by a court of competent jurisdiction to bee prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nog invalidate the other provisions hereof, all of which shall be liberally construed in favor o° Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of r: Commonwealth of Pennsylvania without reference to any choice or conflict of law r that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker n_- executed this Note as of the day and year first above written. WITNESS: MAKER: SU EHANNA VALLEY TRANSPORT, LLC E3y ?G (.t? GY1 L- PH LLIP L. W VIER anaging Member GUA TORS: PHILLIP L. WE:A E U0-6 ueJt AN S. WEAbER i am executing this the 31st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: P' w J S W This Note is being executed by me for a commercial transaction. Initials: S W I understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend) against the entry of judgment, and that the judgment may be collected by any legal means. Initials: PLO Jsw In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession of judgment. Initials: L L W JS W I certify that my annual income exceeds $10,000.00, that the blanks in the above Note and this Disclosure were filled in when I initialed and signed same, and that I received a copy hereof at the time of signing. Initials: KS W WITNESS: PHILLIP L. W 0 [ JJ QCCAk ?_ Lr"' v 6V E SVT Receivable Compound Period ......... : Monthly Nominal Annual Rate .... : 6.000 % Effective Annual Rate ... : 6.168 % Periodic Rate ................ : 0.50000 % Dally Rate ..................... : 0.01644 % CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 12/31/2002 2,819,402.76 1 2 Payment 01/01/2003 0.00 1 3 Payment 02/01/2003 0.00 1 4 Payment 03/04/2003 16,000.00 1 5 Payment 03/04/2003 11,104.30 1 6 Payment 03/04/2003 13,895.70 1 7 Payment 04/01/2003 0.00 1 8 Payment 05/01/2003 0.00 1 9 Payment 06/01/2003 0.00 1 10 Payment 07/01/2003 0.00 1 11 Payment 08/01/2003 0.00 1 12 Payment 09/01/2003 0.00 1 13 Payment 10/01/2003 0.00 1 14 Payment 11/01/2003 0.00 1 15 Payment 12/01/2003 0.00 1 16 Payment 01/01/2004 0.00 1 17 Payment 02/01/2004 0.00 1 18 Payment 03/01/2004 0.00 t 19 Payment 04/0112004 0.00 1 20 Payment 06/01/2004 0.00 1 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 12131/2002 _ .. 9 2002 Totals 0,00 000 0.00 2,81 402 .76 1 01/01/2003 2 02101/2003 0.00 0.00 463.46 14 099 33 463.46- 1 2,819,866.22 3 03/04/2003 16,000.00 , . 15,574.39 4,099.33- 425.61 2,833,965.55 2 833 539 94 4 03/04/2003 6 03/04/2003 11,104.30 13 895 70 0.00 0 11,104.30 , , . 2,822,435.64 6 04/0112003 , . 0.00 .00 12,926.98 13,895.70 12,926.98- 2,808,539.94 2 821 466 92 7 05/01/2003 8 06/01/2003 0.00 14,107.33 14,107.33- , , . 2,835,574.25 9 07/01/2003 0.00 0.00 14,177.87 14,248.76 14,177.87- 14 248 76 2,849,752.12 10 08/01/2003 11 09/01/2003 0.00 00 0 14,320.00 , . - 14,320.00- 2,864,000.88 2,878,320.88 12 10/01/2003 . 0.00 14,391.60 14 463.56 14,391.60- 14 463 56 2,892,712.48 , , . - 2,907,178.04 ATTACHMENT "B" SVT Receivable Data 13 11101/2003 14 12/01/2003 2003 Totals 15 01101/2004 16 02/01/2004 17 03/01/2004 18 04101/2004 19 05/01/2004 2004 Totals Grand Totals Payment 0.00 0.00 41,000.00 0.00 0.00 0.00 0.00 • 0.00 0.00 41,000.00 Interest 14,535.88 14,608.56 157,917.72 14,681.60 14,765.01 14,828.79 14,902.93 14,977.44 74,145.77 232,063.49 Principal 14,535.88- 14,608.56- 116,917.72- 14,681.60- 14,755.01- 14,828.79- 14,902.93- 14,977.44- 74,145.77- 191,063.49- Balance 2,921,711.92 2,936,320.48 2,951,002.08 2,965,757.09 2,980,685.88 2,995,488.81 3,010,466.25 f3- 9 CLOUSE TRUCKING PICT. 30/03 DECE MBER 31, 2002 CLOUSE-SVT LANCASTER DIVISION SALE RECONCILIATION Receivable Balance calculation er Unad'usted Trial Balance: Invoice # Date Desert lion • 5041 06/10/2002 2 new recaps for TR 4448 Amount • 4695 07/11/2002 6/13/02 Payroll and Withholdings $ 191.40 It"M - • 4696 07/11/2002 6/20/02 Payroll and Withholdings 37,976.60 (3-911 • 4697 07/11/2002 6/20/02 Payroll and Withholdings 38,874.53 8-911 •4698 07/11/2002 7/5102 Payroll and Withholdings 37,341.71 f3-9/1 #4699 07/11/2002 7111/02 Payroll and Withholdings 37,280.0513-7/1 •4709 07/12/2002 Administrative fee assessed by Clouse for Payroll 39,563.53 E-5/l •4707 07/12/2002 Charge SVT for lubricants billed to Clouse 1-1 1,031.69 3- • 4717 07/18/2002 7/18/02 Payroll and Withholdings 7/ 3,020.55 C-1-; c 4722 07/25/2002 7/25/02 Payroll and Withholdings 37,006.96 0-9/1 #4705 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 36,370.04 3-9 y 4706 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse / 2,329.62 4-91( -+ ,4710 07/12/2002 Pink Soap - 5 gallons Q $1.33/lb. 1,756.880 91+-1 .4713 47 07/16/2002 Charge SVT for use of Clouse Trucking's turnpike card (6/l/02 - 6/30/02) 13.3013-911-I . 14 07/17/2002 Charge SVT for telephone billing paid by Clouse 4,226. -91+ - -4751 475 08/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (7/l/02-7/30/02) 441? -1/1 186'44 t + 6 08/20/2002 7800 Gallons of Diesel Fuel 5,281.703 ql+' I -4755 08/20/2002 Administrative fee assessed by Clouse for Payroll 10,185.54 h''?II ,4753 08/20/2002 Charge SVT for payment of Diesel fuel paid by Clouse 1 479.71 11 ,4754 08/20/2002 Charge SVT for revenue received for Hamer pickup & delivery ' 1 . 2902.64C-411 , _,4765 n 4764 09/05/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT em l - 048 ' 99 6 6,048.99;6-„1 p oyees 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002 & S t b - 1 1,109.09 ? 1 4767 480 . , ep em er 2002 09/09/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT l 9,000.00: . 2 emp oyees 09/19/2002 Purchase of Mack Truck (JM003676) for SVT th- 154.62 p • 4807 09/23/2002 Repairs incorrectly billed to Clouse PAID CK 1968 -1 20,000.008-?/, -1 BALANCE PER UNADJUSTED TRIAL BALANCE 332,332.14 B-y/I Add items not nicked un by Clouse Truckine that should have been picked ua: Invoice # n 1- I/vu V // lG/1UU2 7800 Gallons of Diesel Fuel c 4756 08/20/2002 42 Gallons of Diesel Fuel s 4769 09/10/2002 Charge SVT for Trailer Plates c 4776 4816 09/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (8/1102-8/31/02) 10/01/2002 Cell Phone Charges 4814 10/01/2002 Backhauls form East Earl to Carlisle s4831 10/23/2002 Backhauls by Shew to Holly TOTAL ADDITIONAL INVOICES TO ADD TO RECEIVABLE BALANCE Less items that should not have been picked u h Clouse Truckin Invoice # Date Descrintinn Charge SVT for Blue ADJUSTED RECEIVABLE BALANCE FROM INVOICES ADD SALES PRICE OF LANCASTER DIVISION BALANCE LESS PRINCIPAL REDUCTION ON NOTE RECEIVABLE NOTE RECEIVABLE BALANCE AT 12/31/02 • fpr+1? IF+`? TTtsm ('ictt {, "? t uc ::a ? „i? l-- <, i; i°J.u 1- ?`? t (Y .: f)' C:\finmc'WSimcmcna\02-13250\CLOUSE-SVT RECONCILIATION.xi gotAr, lacuny rent lot July 2002, August 2002, & September 39,266.491 - ii - 53.34 98,932.93 4,334.85 409.06 6,372.95 1,650.00 151,019.62 Jji=v Amount 474,351.76 2,500,000.00 f3 1?a 2,974,351.76 JIEa' (15494900)',- =E2,819,402.76 -+/d ?/f rQ v:? = rn R C. }r? i ? cr1,? hi ? f! O III nGt rP i.4y ,j Pt> BORROWER: SUSQUEHANNA VALLEY TRANSPORT LLC LENDER: J. EDWARD CLOUSE/CLOUSE TRUCKING, INC. PURCHASE OF MILK HAULING BUSINESS Compound Period ......: Monthly Nominal Annual Rate..: 6.000 % Effective Annual Rate .: 6.168 % Periodic Rate ...............: 0.5000 % Daily Rate .....................: 0.01644% CASH FLOW DATA ? V ?I . Mart Date Amount Number 1 Loan 2 Loan 06/01/2002 2,500,000.00 1 3 Payment 06/10/2002 06/15/2002 191.40 1 4 Payment 06/30/2002 11,638.2 10 960 31 ?117IoZ 1 5 Loan 6 Loan 07/11/2002 , . 37,976.60 7117021 1 7 Loan 07/11/2002 07/11/2002 38,874.53 1 8 Loan 9 Loan 07/11/2002 39,563.53 37'280.05 1 1 10 Loan 07/11/2002 07/12/2002 37,341.71 1 11 Loan 12 Loan 07/12/2002 3.020.55 2,329.62 1 1 13 Loan 07/12/2002 07/12/2002 1,756.88 1 14 Loan 07/12/2002 39,266.49 1 15 Loan 16 Payment 07/12/2002 13.30 1,031.69 1 1 17 Payment 07/15/2002 07/15/2002 10'991.10 O r?p$?g 18 Loan 19 Loan 07/16/2002 ,039.38 2 4'226.55 1 1 1 20 Payment 07/17/2002 07/31/2002 186.44 1 21 Payment 07/31/2002 11,153.00 p d 2 22 Payment 23 Loan 08/08/2002 2,456.67 14,901.47 1 1 24 Payment 08/12/2002 08/15/2002 5'281.70 1 25 Loan 26 Loa 08/20/2002 10,175.95 2,902. 4 1 1 n 27 Loan 08/20/2002 10,185. 5 54 1 28 Loan 08/20/2002 08/20/2002 479.71 1 29 Loan 08/30/2002 6,048. 1 30 Payment 31 Loan 08/31/2002 4 .334 53 11,150.77 1 1 32 Loan 09/05/2002 09/09/2002 1,109.09 1 33 Loan 34 Loan 09/10/2002 154.62 98'932.93 1 1 35 Payment 09/12/2002 09/15/2002 4,334.85 1 36 Payment 37 Loan 09/16/2002 10,406.07 2,188.52 1 1 38 Payment 09/19/2002 09/28/2002 20,000.00 1 39 Payment 40 Payment 09/30/2002 442.50 11,121. 1 1 41 Payment 09/30/2002 09/30/2002 6 .776 258 1 42 Loan 43 Loan 09/30/2002 4.163.35 37,006.96 1 1 09/30/2002 36,370.04 1 End 12/23/2002 BORROWER: SUSQUEHANNA VALLEY TRANSPORT LLC LENDER: J. EDWARD CLOUSE/CLOUSE TRUCKING, INC. PURCHASE OF MILK HAULING BUSINESS CASH FLOW DATA Event Start Date Amount 44 Loan 45 Loan 10/01/2002 409.06 46 Payment 10/01/2002 10/04/2002 6.372.95 47 Payment 48 Loan 10/15/2002 57.50 10,279.30 49 Payment 10/23/2002 10/25/2002 1,650.00 50 Payment 51 Payment 10/31/2002 301.70 12,141.92 52 Payment 11/01/2002 11/01/2002 47.50 53 Payment 54 Payment 11/15/2002 63,000.81 11,000.00 55 Payment 11/30/2002 12/01/2002 11,000.00 56 Payment 12/15/2002 10,915.43 57 Payment 58 Payment 01/01/2003 11,000.00 26,500.00 59 Payment 02/01/2003 06/01/2009 37,500.00 600,583.22 AMORTIZATION SCH EDULE - Normal Amortization ?? t Date Loan ? (.9 Number Period 1 77 Monthly 12/23/2002 End Date 1 06/01/2000 Loan 06/01/2002 2,500 000 00 a4V ,o Inte est r Principal Balance Loan 06/10/2002 , . 191 40 t ? 1 06/15/2002 2 06/30/2002 . 11,638.22 3,698.63 2 057E 9) 3,698.63- 2.500,000.00 2,503,890.03 Loan 07/11/2002 37,976 60 10,960.31 .. 6,150.35 9,580.23 4 809 96 2,494,309.80 Loan 07/11/2002 Loan 07/11/2002 . 38,874.53 4,501.56 0 , . 4,501.56- 2.489,499.84 2,531 978 00 Loan 07/11/2002 39,563.53 37,280 05 .00 0.00 0.00 0 00 , . 2,570,852.53 Loan 07/11/2002 . 37,341 71 0.00 . 0 00 2.610,416.06 Loan 07/1212002 . 3,020 55 0.00 . 0 00 2,647,696.11 Loan 07/12/2002 Loan 07/12/2002 . 2,329.62 441.38 0 00 . 441.38- 2,685,037.82 2.688,499.75 Loan 07/12/2002 1,756.88 39,266 49 . 0'00 0.00 0 00 2,690,829.37 Loan 07/12/2002 . 13 30 0.00 . 0 00 2,692,586.25 Loan 07/12/2002 . 1 031 69 0.00 . 0 00 2.731,852.74 3 07/15/2002 , . 0.00 . 0 00 2,731,866.04 4 07/15/2002 10,991.10 1,347.73 . 9 643 37 2,732,897.73 Loan 07/16/2002 4 226 55 2,039.38 0.00 , . 2 039 38 2,723,254.36 Loan 07/17/2002 5 07/31/2002 , . 186.44 447.32 448 09 , . 447.32- 2,721,214.98 2,725,888.85 6 07/31/2002 11,153.00 . 6,274.74 448.09- 878 4 26 2,726,523.38 7 08/08/2002 2,456.67 0.00 . , 2 456 67 2,721,645.12 Loan 08/12/2002 5 281 70 14,901.47 3,575.92 , . 11 325 55 2,719,188.45 8 08/15/2002 Loan 08/20/2002 , . 10,175.95 1,780.51 1 338 87 , . 1,780.51- 2.707,862.90 2,714,925.11 Loan 08/20/2002 2,902.64 10 185 54 , . 2,224.18 8,837.08 2 224 18 2,706,088.03 Loan 08/20/2002 Loan 08/20/2002 , . 479.71 0.00 0 00 , . - 0.00 2,711,214.85 2,721,400.39 Loan 08/30/2002 6,048.99 53 34 . 0.00 0.00 0 00 2,721,880.10 . 4,484.27 . 4,484.27- 2,727,929.09 2,732,466.70 BORROWER: SUSQUEHANNA VALLEY TRANSPORT LLC LENDER: J. EDWARD CLOUSE/CLOUSE TRUCKING, INC. PURCHASE OF MILK HAULING BUSINESS Lo Loa Loa Loa 1 1 Loa 1 1 1 15 Loa Loan 09/30/2002 Loa Loan 09/30/2002 Loa Loan 10/01/2002 Loan 16 17 Loan 18 19 20 21 22 23 24 25 2002 26 27 28 29 30 31 32 33 34 35 36 37 2003 Date 9 08/31/2002 an 09/05/2002 n 09/09/2002 n 09/10/2002 n 09/12/2002 0 09/15/2002 1 09/16/2002 n 09/19/2002 2 09/28/2002 3 09/30/2002 4 09/30/2002 09/30/2002 10/01/2002 10/04/2002 10/15/2002 10/23/2002 10/25/2002 10/31/2002 11/01/2002 11/01/2002 11/15/2002 11/30/2002 12/01/2002 12/15/2002 Totals 01 /01 /2003 02/01/2003 03/01/2003 04/01/2003 05/01/2003 06/01/2003 07/01/2003 08/01/2003 09/01/2003 10/01/2003 11/01/2003 12/01/2003 Totals Loan 1,109.09 154.62 98,932.93 4,334.85 20,000.00 37,006.96 36,370.04 409.06 6,372.95 1,650.00 2,974,351.76 0.00 11,150.77 10,406.07 2,188.52 442.50 11,121.40 258.76 4,163.35 57.50 10,279.30 301.70 12,141.92 47.50 63,000.81 11,000.00 11,000.00 10,915.43 11,000.00 243, 791.63 26,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37, 500.00 37,500.00 37,500.00 439,000.00 38 01/01/2004 39 02/01/2004 37,500.00 40 03/01/2004 37,500.00 41 04/01/2004 37,500.00 42 05/01/2004 37,500.00 43 06/01/2004 37,500.00 44 07/01/2004 37,500.00 45 08/01/2004 37,500.00 46 09/01/2004 37,500.00 47 10/01/2004 37,500.00 37,500.00 - Interest 449.17 2,237.07 1,791.85 448.2'8 929.24 1,396.46 464.00 1,391.16 4,205.14 935.71 0.00 0.00 0.00 0.00 477.52 0.00 1,436.13 5,268.30 3,824.90 958.03 2,874.72 477.60 0.00 6,542.36 6,998.68 465.92 6,498.85 88,842.63 7,878.88 14,003.91 13,886.43 13,768.36 13, 649.70 13,530.45 13,410.60 13,290.16 13,169.11 13,047.45 12,925.19 12,802.32 155,362.56 12,678.83 12,554.72 12,429.99 12,304.64 12,178.67 12,052.06 11,924.82 11,796.95 11,668.43 11, 539.27 12/23/2002 Page 3 10,701.60 2,237.07- 1,791.85- 448.28- 929.24- 9,009.61 1,724.52 1,391.16- 3,762.64- 10,185.69 258.76 4,163.35 0.00 0.00 477.52- 0.00 1,378.63- 5,011.00 3,824.90- 656.33- 9,267.20 430.10- 63,000.81 4,457.64 4,001.32 10,449.51 4,501.15 154,949.00 t/ 18,621.12 23,496.09 23,613.57 23,731.64 23,850.30 23,969.55 24,089.40 24,209.84 24,330.89 24,452.55 24,574.81 24,697.68 283,637.44 24,821.17 24, 945.28 25,070.01 25,195.36 25,321.33 25,447.94 25,575.18 25,703.05 25,831.57 25,960.73 -mince 2,721,765.10 2,725,111.26 2,727,057.73 2,826,438.94 2,831,703.03 2,822,693.42 2,820,968.90 2,842,360.06 2,846,122.70 2,835,937.01 2,835,678.25 2,831,514.90 2,868,521.86 2,904,891.90 2,905,778.48 2,912,151.43 2,913,530.06 2,908,519.06 2,913,993.96 2,914,650.29 2,905,383.09 2,905,813.19 2,842,812.38 2,838,354.74 2,834,353.42 2,823,903.91 2,819,402.76 2,800,781.64 2,777,285.55 2,753,671.98 2,729,940.34 2,706,090.04 2,682,120.49 2,658,031.09 2,633,821.25 2,609,490.36 2,585,037.81 2,560,463.00 2,535,765.32 2,510,944.15 2,485,998.87 2,460, 928.86 2,435, 733.50 2,410,412.17 2,384,964.23 2,359,389.05 2,333,686.00 2,307,854.43 2,281,893.70 BORROWER: SUSQUEHANNA VALLEY TRANSPORT LLC 12/23/20_ 02 page LENDER: J. EDWARD CLOUSE/CLOUSE TRUCKING I PURCHASE OF MIL K HAULING BUSINESS , NC. Date 48 11/01/2004 Loan Pa ment Y Interest Principal Balance 49 12/01/2004 2 37,500.00 37,500.00 11,409.47 11279 02 26,090.53 2,255,803.17 004 Totals 0.00 450,000.00 - 14 3 816 87 26'220.98 2,229 58219 , . 306,183.13 50 01/01/2005 51 02/01/2005 37,500.00 37 500 00 11,147.91 26,352.09 2,203 230 10 52 03/01/2005 53 04/01/2005 , . 37,500.00 11,016.15 10,883.73 26,483.85 26 616 27 , . 2,176,746.25 54 05/01/2005 37,500.00 37 500 00 10'750.155 , . 26,749.35 2,150,129.98 2,123 380 63 55 06/01/2005 56 07/01/2005 , . 37,500.00 10,616.90 10,482.49 26,883.10 27 017 51 , . 2,096,497.53 57 08/01/2005 37,500.00 37 500 00 10,34740 , . 27,152.60 2,069,480.02 2,042 327 42 58 09/01/2005 59 10/01/2005 , . 3 7,500.00 10,211.64 10,075.20 27,288.36 27 424 80 , . 2,015,039.06 60 11/01/2005 37,500.00 500 37 00 9,938.(17 , . 27,561.93 1,987,614.26 1,960 052 33 61 12/01/2005 2005 Totals , . 37,500.00 9,800.26 9,661.7'6 27,699.74 27 838 24 , . 1,932,352.59 0.00 450,000.00 124,932.16 , . 325,067.84 1,904,514.35 62 01/01/2006 63 02/01/2006 37,500.00 37 500 00 9'522.57 27,977.43 1,876 536 92 64 03/01/2006 65 04/01/2006 , . 37,500.00 9,382.68 9,242.1D 28,117.32 28 257 90 , . 1,848,419.60 66 05/01/2006 37,500.00 500 37 00 9,100.81 , . 28,399.19 1,820,161.70 1,791 762 51 67 06/01/2006 68 07/01/2006 . , 37,500.00 8,958.8.1 8,816.1.1 28,541.19 28 683 89 , . 1,763,221.32 69 08101/2006 37,500.00 37 500 00 8,672.69 , . 28,827.31 1,734,537.43 1,705 710 12 70 09/01/2006 71 10/01/2006 , . 37,500.00 8,528.5;) ,383.69 8:383.69' 28,971.45 29 116 31 , . 1,676,738.67 72 11/01/2006 37,500.00 500 37 00 8,238.11 , . 29,261.89 1,647,622.36 1,618 360 47 73 12/01/2006 2006 Totals , . 37,500.00 8,091.80 7,944.76 29,408.20 29 555 24 , . 1,588,952.27 0.00 450,000.00 104,882.68 , . 345,117.32 1,559,397.03 74 01/01/2007 75 02/01/2007 5 37,500.00 37 500 00 7,796.99 29,703.01 1,529 694 02 7 03/01/2007 77 04/01/2007 , . 37,500.00 7,648.47 7,499.21 29,851.53 30 000 79 , . 1,499,842.49 78 05/01/2007 37,500.00 37 500 00 7,349.21 , . 30,150.79 1,469,841.70 1,439 690 91 79 06/01/2007 80 07/01/2007 , . 37,500.00 7,198.45 7,046.95 30,301.55 30 453 05 , . 1,409,389.36 81 08/01/2007 37,500.00 37 500 00 6,894.68 , . 30,605.32 1,378,936.31 1,348 330 99 82 09/01/2007 83 10/01/2007 , . 37,500.00 6,741.65 6,587.86 30,758.35 30 912 14 , . 1,317,572.64 84 11/01/2007 37,500.00 500 37 00 6,433.30 , . 31,066.70 1,286,660.50 1,255 593 80 85 12/01/2007 2007 Totals , . 37,500.00 6,277.97 6,121.86 31,222.03 31 378 14 , . 1,224,371.77 0.00 450,000.00 83,596.60 , . 366,403.40 1,192,993.63 86 01/01/2008 87 02/01/2008 37,500.00 37 500 00 5,964.97 31,535.03 1,161,458 60 88 03/01/2008 89 04/01/2008 , . 37,500.00 5,807.29 5,648.83 31,692.71 31 851 17 . 1,129,765.89 90 05/01/2008 37,500.00 37 500 00 5,489.57 , . 32,010.43 1,097,914.72 1,065 904 29 91 06/01/2008 92 07/01/2008 , . 37,500.00 5,329.52 5,168.67 32,170.48 32 331 33 , . 1,033,733.81 37,500.00 5,007.01 , . 32,492.99 1,001,402.48 968,909.49 4 BORROWER: SUSQUEHANNA VALLEY TRANSPORT 12/23/2002 Page LENDER: J. EDWARD CLOUSE/CLOUSE TRUCKI LLC N PURCHASE OF MILK HAULING BUSINESS G, INC. Date 93 08/01/2008 Loan Pa ment Y Interest Principal Balance 94 09/01/2008 95 10/01/2008 5 37,500.00 37,500.00 4,844.55 4 681 27 32,655.45 936,254.04 9 11/01/2008 37,500.00 , . 4,517.18 32,818.73 32 982 82 903,435.31 97 12/01/2008 37,500.00 4,352'.26 , . 33 147 74 870,452.49 2008 Totals 37,500.00 0.00 450,000.00 4,186.52 60 997 64 , . 33,313.48 837,304.75 803,991.27 , . 389,002.36 98 01/01/2009 99 02/01/2009 37,500.00 4 ,01 9. 96 33 480 04 100 03/01/2009 37,500.00 37 500 00 3 , 852 .56 , . 33 ,647.44 736 863 23 736 863 79 101 04/01/2009 102 05/01/2009 , . 37,500.00 3,684.32 3,515.24 33,815.68 33 984 76 , . 703,048.11 103 06/01/2009 37,500.00 37 500 00 3,345.32 , . 34,154.68 669,063.35 634 908 67 104 06/01/2009 2009 Totals , . 600,583.22 3,174.:54 0 01 34,325.46 , . 600,583.21 0.00 825,583.22 . 21,591.<)5 600,583.21 803,991.27 0.00 Grand Totals 2,974,351.76 3,758,374.85 784 023 09 , . 2,974,351.76 5 Clouse Trucking, Inc. General Ledger Detail Date: 03/04/04 Time: 09:11:33 Beg Mo/Yr: 0,I/ ',9;;k? End Mo/Yr: 12'/( page 1 ---Date -----Jrnl--Ck#/Ref Code Description Debit -------Credit - 178 SVT Sale-:PaymP.&VA Beg. Balance: -------- -------- 03/04/03 CR 030403 DEC 02 LOAN 0.00 03/04/03 CR 030403 DEC 02 LOAN 16000.00 03/04/03 CR 030403 JAN 03 LOAN 11104.30 13895.70 March Totals: 0.00 March Balance: Account Totals: 0.00 Net Activity Listed: Year To Date Balance: Report Totals: 0.00 41000.00 41000.00 41000.00 41000.00 41000.00 41000.00 Clouse Trucking, Inc. General Ledger Detail 3ate_-04/22/04 Time_ 08:31:43 Beg Mo/Yr: 01/03 Date - Jrnl Ck#/Ref End Mo/Yr: 12/03 Page 1 _____________ Cod ___ e Description -- ----------- ------- - L78 SVT Sale ______________ Pa e Debit Credit 03/04/03 CR030403 Beg- Balance: === 0 ==== - --__-- 03/04/03 CR 030403 DEC 02 LOAN .00 03/04/03 CR 030403 DEC 02 LOAN 16000.00 JAN 03 LOAN 11104.30 13896,70 March Totals: 0 00 March Balanlce: . 41000.00 12/31/03 JE AD123103 41000.00 ADJUSTED ENTRIES 41000.00 December Totals: 41000 00 December Balance: . 0.00 0.00 Account Totals: Net Activity Liste=d: 41000.00 41000.00 Year To Date Balance: 0.00 0.00 Report Totals: 41000.00 41000.00 VERIFICATION I, I Edward Clouse of Clouse Trucking, Inc. hereby verify that I am authorized to sign this Verification, and state that to the extent that the foregoing document contains facts supplied by me, they 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.A. §4904, relating to unsworn falsification to authorities. Edward Clouse Dated: July 6, 2004 President FTILMDATAFILETORMS\,,,jfi.tjon &( CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint in Confession of Judgment for Money was served this date by overnight courier as follows: Shawn P. Quitman, Esquire CASE & DiGIAMBERADINO, P.C. 541 Court Street Reading, PA 19601 MARTSON DEARDORFF WILLIAMS & OTTO By ricia D. Ec enroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 6, 2004 c-> ? o L it ?::.• 1 Um C)o ._.J L7 110 - n CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILLIP L. WEAVER and JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1943 CIVIL TERM IN RE: DEFENDANTS' JUDGMENT DEBTORS' PETITION TO STRIKE OR, ALTERNATIVELY, OPEN CONFESSED JUDGMENT ORDER OF COURT AND NOW, this 29th day of July, 2004, upon agreement of counsel, completion of discovery in the above matter is hereby extended for 30 days, and the hearing previously scheduled for August 23, 2004, is rescheduled to September 29, 2004, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, David A. Fitzsimons, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff Shawn Quitman, Esq. 541 Court Street Reading, PA 19601 Attorney for Defendant ' ` 1? I J. Wesley 00-, i :rc Ch T NJ 60 inr hoot l tfdlGVu't l0ed 31HI iO MLJ O-C3lL ]E'\PILES\DATA ILE\Ge,c al\Cur t\ 491-4.ord r2 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this _1? day of September, 2004, upon joint application and agreement by the parties, it is hereby ORDERED that the hearing scheduled for September 29, 2004, at 2:00 p.m. in 'Z Courtroom Number 1 is rescheduled to ady it o? in Courtroom Number 1. _Nv I RY THE COURT, 4a- tJ?i?7? IUI Nw r,,- r / < ?Z,z'ya! c ShODZ 1,tiJicl`dUli_l); ci IHI acs M& OTTO N • ADVIGE • ADVOCACY TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET w .mdwoxom VIA HAND DELIVERY The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 AT'TORNLYS A COUNSELIORS AT LAW WILLIAM F. MARTSON JOHN B, FOWLER III EDWARD I.. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS" F,O V. OTTO III GEORGE B. FALLER JR* CARL C. RIsCH DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTmoNY T. LUCIDO CHRISTOPHER E. RICE IF.NNIFER L. SPEARS September 13, 2004 -BOARD CERTIFIFi II CIVII. FRIAf, SIEC1A1JSI RE: Clouse Trucking, Inc. v. Susquehanna Valley Transport, LLC and Phillip L. and Joan S. Weaver No. 2004-1943 Civil Term- Cumberland Count}+ C.C.P. Our File No.: 3491.4 Dear Judge Oler: conversation with you matter Friday, September 10, 2004, regarding In follow up to my ts, I have judgments, scheduled disposition of the above referenced matter relating to confessed to postpone the n confirmed the concurrence of Shawn P. Quirman, Esquire, with the attached request to hearing and briefing schedule pending what we believe is an imminent resolution of the major issues. Thank you for your consideration. DAF/tde Enclosures very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Davr ` .no`ii S' cc: Shawn P. Quinnan, Esquire (via facsimile 610-372-5469) Mr. J. Edward Clouse F IFILFSIDATADLE\Gmv,O mN4914 j0I ?F/7 61 COO \M I N F O R M A T I O N ' A D V I C E • A D V O CAC Y CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILLIP L. WEAVER and JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1943 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of October, 2004, upon consideration of the attached letter from Plaintiff's counsel, David A. Fitzsimons, Esq., the argument on Defendant's Petition To Strike, scheduled for October 28, 2004, at 2:00 p.m., in converted to a conference in chambers. BY THE COURT, ,avid A. Fitzsimons, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff ,awn Quitman, Esq. 541 Court Street Reading, PA 19601 Attorney for Defendant 10.27 -(Oy :rc N. 1:jJ 3Z :Z ?'<<! LZ ijo hjgZ d SA MARTSON DEARDORFF WILLIAMS & OTTO M UW O INFORMATION • ADVICE • ADVOCACY 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET WWW.mdwo.com VIA HAND DELIVERY The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARTSON JOHN B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS* IVO V. OTTO III GEORGE B. FALLER JR.' CARL C. RlsCll DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T. LUCIDO CHRISTOPHER E. RICE JENNIFER L. SPEARS October 19, 2004 'HOARD CIRCLIFD CIVIL TRIAI Sracrnusr RE: Clouse Trucking, Inc. v. Susquehanna Valley Transport, LLC and Phillip L. and Joan S. Weaver No. 2004-1943 Civil Term- Cumberland County C.C.P. Our File No.: 3491.4 Dear Judge Oler: Counsel for the above referenced parties have been working towards an exchange of settlement documents, and we believe we are on the brink of settlement. I have been authorized by Mr. Quitman, opposing counsel, to request that the Court consider our request that the October 28, 2004, scheduled hearing at 2:00 p.m. be converted to a conference in chambers, or if the Court prefers in court, to finalize settlement between the parties. It is our expectation that we will have finalized the settlement documents prior to that date. However, each of the parties believe that the assistance of the Court in providing this service would be most valuable towards a final resolution. Very truly yours, \M D M;& OTTO Havid DAF/tde cc: Shawn P. Quitman, Esquire (via facsimile 610-372-5469 and first class mail) FTILMDATAFILE\Geneeal\Cm nl\3491.4jO INFORMATION • ADVICE ADVOCACY sm 11/05/2004 09:40 7172431807 MDWO PAGE 02/03 F! CFILHS\DATAFILDOcncrjf\Curren tU49 t.a, pmcipe CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW PRAECIPE AND NOW, comes the counsel for the parties to the above referenced action at the direction of their clients and submit this Praecipe to this Court, and the attached draft Order noting that the case is settled and discontinued in accordance with the terms and conditions of the Agreement appended to the Order. MARTSON DE ORFF WILL7AMS & OTTO By David A. Fitzsimons, Esquire I.D. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff CASE & D' ERADZNO, P.C. B ? ?Si?awrr : Q , Esquire 541 Court Street Reading, PA 19601 Date. Attorney for Defendants CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this day of November, 2004, upon the submission by Praecipe jointly by the parties, it is hereby ordered that in accordance with the attached Settlement Agreement which is adopted and included within the record, this action shall be marked "settled and discontinued" in accordance with the terms of the Agreement. BY THE COURT, J. Wesley Oler, Jr., J. F.\FILES\DATAFILE\General\Current\3491.4. release I/tde Created 10/6/04 3:51PM Revised: 10/28/04 0:16PM SETTLEMENT AGREEMENT AND PARTIAL RELEASE This Agreement is a Settlement and Partial Release entered into between CLOUSE TRUCKING, INCORPORATED, a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business at 2075 Ritner Highway, Carlisle, Pennsylvania (hereinafter referred to as "Clouse"); SUSQUEHANNA VALLEY TRANSPORT, LLC, a limited liability corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535 (hereinafter referred to as "SVT"); and PHILIP L. WEAVER and JOAN S. WEAVER, individuals and officers of Susquehanna Valley Transport, LLC, residing at 45 Lesal Road, Gordonville, Pennsylvanian (hereinafter referred to as "Guarantors"). Background. In May of 2002, SVT executed a Promissory Note to Clouse, and Guarantors guaranteed payment, in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars. A copy of the Note and related materials, including Disclosure for Confession of Judgment is attached to this Settlement Agreement as Exhibit "A," and is incorporated by reference as if fully set forth. SVT fell in to arrears in its obligated payment to Clouse on the Judgment Note and for additional payments made by Clouse to SVT as evidenced in the attached payment records titled "SVT Receivables" and "Clouse-SVT Lancaster Division Sale Reconciliation" which are marked as Exhibit "B" and incorporated by reference as if fully set forth. On or about April 30, 2004, Clouse through its attorneys entered a Confession of Judgment against SVT and Guarantors in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars, plus additional monies advanced in the amount of $319,402.76, plus attorney's fees, interest and costs of suit. SVT and the Guarantors timely objected to the entry of Confessed Judgment against each. The parties have determined that it is to their mutual benefit to resolve their disputes relating to the aforesaid judgments and have therefore entered into the following Agreement which is intended to result in the Release by Clouse of the Guarantors from the Confessed Judgment and any claims related to that judgment, and the Mutual Release by Guarantors of Clouse from any claims related to the Confessed Judgment while maintaining the judgment to the benefit of Clouse against SVT. AGREEMENT: NOW THEREFORE, intending to be legally bound hereby and in consideration of the benefits and promises set forth herein, the receipt of which is hereby made, the parties agree as follows: 1. Upon execution of this Settlement Agreement, the parties will each direct their counsel to enter a joint praecipe in the form attached hereto as Exhibit "C," releasing the judgment entered against the Guarantors by Clouse and confirming the agreement by SVT of the continuation of the judgment filed by Clouse against SVT by withdrawal of SVT's action. 2. Within a reasonable time frame after the execution of this Agreement, but in no event longer than 60 days therefrom, the Guarantors as the owners of record of a certain property located on Route 340 in Salisbury Township, Lancaster County, Pennsylvania, described in the Lancaster County Recorder of Deeds Office in Deed Book (bar code) 5043396, dated December 3, 2001, and identified as tax parcel numbers (account numbers) 560-74622-0-0000 and 560-90112-0-0000 ("the Real Estate"), shall deliver a fully executed and ready for recordation Right of First Refusal to Clouse which shall specifically state that in the event that Guarantors determine to sell that property, it shall be offered for first refusal to Clouse at a reasonable market rate, or at the amount made by any bona fide proposed purchaser of the property. That Agreement will also provide for the joint retention of an independent appraiser in the event that an independent evaluation of the property is required to determine the reasonableness or bona fides of any offer to purchase. 3. By this Settlement Agreement and in consideration of the receipt of $1.00, payment of which is hereby acknowledged, and in accordance with the mutual promises and covenants set forth herein, Clouse does hereby remise, release, quit claim, and forever discharge Guarantors, Philip L. Weaver and Joan S. Weaver, from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands in their capacity as Guarantors of the subject Judgment Note, whether in law or in equity which it ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002 and defaulted payments by SVT under that Note. 4. By this Settlement Agreement and in consideration of the receipt of $1.00 and the completion of the transfer of vehicle and trailer titles described in Paragraph 6, and in accordance with the mutual promises and covenants set forth herein, Guarantors, Philip Weaver and Joan S. Weaver do hereby remise, release, quit claim, and forever discharge Clouse from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands whatsoever, whether in law or in equity which they ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002, and the execution/enforcement of same, and any other claims made, or which could have been made, from the beginning of time until the date of this settlement 5. The parties to this Agreement hereby acknowledge and specifically state that the judgment entered by Clouse against SVT on or about April 30, 2004, shall be confirmed as valid and that SVT through the attached Praecipe shall confirm withdrawal of its objections to the said judgment. 6. At the time of the execution of this Agreement, SVT shall undertake all actions necessary to transfer to Clouse the titles of all vehicles which are identified in the list attached to this Agreement as Exhibit "D," these vehicles being the balance of those transferred to SVT in or about May of 2002 or later purchased with Clouse funds. Clouse has a valid security interest in all said vehicles. All vehicles with security interest shall be transferred. 7. The parties hereto agree to execute any and all documents or papers reasonably a??ro;v necessary to carry out and effectuate the terms and conditions of this Settlement Agreement,, -Y including, but not limited to documentation related to the Heavy Highway Vehicle Use Tax, ?. including Form 2290 and Schedule 1 for those vehicles and trailers transferred from SVT to Clouse. 8. The parties hereto acknowledge that this settlement is the compromise of a disputed claim and that the execution of this Agreement and performance of the acts required herein shall not constitute an admission by any party of liability to any other party. 9. This document shall be governed by the laws of Pennsylvania. 10. This document may be executed in multiple counterparts or any number of duplicate originals, but all of which shall constitute one in the same instrument. 11. Each party recognizes and acknowledges by the execution of this Agreement that they are represented by counsel, that they have reviewed this document in consultation with their counsel, that they fully understand the terms and conditions, and entered into this settlement willingly, voluntarily and of their own free will. 12. The judgment, confessed by Clouse, shall remain in full force and effect against SVT. Clouse herein agrees to withhold legal action to enforce its rights as a judgment creditor for four months from the execution of this document. IN WITNESS WHEREOF, this Settlement Agreement and Partial Release has been executed by the parties or their authorized representatives hereto the day and year first written below. Date: ATTEST: CLOUSE TRUCKING, INCORPORATED By: ??Y- . Edward Clouse ATTEST: CA? ITNESS: SUSQUEHANNA VALLEY TRANSPORT, LLC By: ?. p/lal --- Phillip L. Wearier, Guarantor )74d a &AI By: 6Ckk 1 . - W 0 ru Jo S. Weaver, Guarantor PROMISSORY NOTE $ 2,500,000 May 31, 2002 SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liability Company with offices at 45 Lesal Road, Gordonville, PA, (hereinafter referred to as "Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster County, Pennsylvania, (hereinafter referred to as "Guarantors"), hereby individually and collectively promise to pay to the order of CLOUSE TRUCKING, INC., a Pennsylvania business corporation with offices at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, or its assigns, (the "Payee"), in lawful money of the United States of America, and at such place as Payee may designate the principal sum of Two Million Five Hundred Thousand ($2,500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling business-. interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 2002. Said monthly payments shall be in the amount of no less than Thirty-Seven Thousand Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six (6) percent per annum, and thereafter to reduction of principal, until the principal, accrued interest and any late payments due hereunder are paid in full. Beginning with June 1, 2005, the interest rate shall be subject to change annually at the option of Payee to a rate equivalent to the Prime Interest rate as published by the Wall Street Journal on May 31St preceeding the interest change date. Provided, that unless sooner paid, all principal, unpaid interest and late payments due hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee hereunder if such payment is not made within ten (10) days of the date on which it is due and the amount of such late charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonpayment of any of the liabilities, or any portion thereof, when and in the manner due, whether by acceleration or otherwise; (b) the institution of any proceeding in bankruptcy, receivership or insolvency by or against the Maker, or (c) partial or full transfer or sale of any of the collateral securing this Note without the written consent of Payee prior to the full and final payment and satisfaction of the obligations set forth in this Note. Exhibit "A" The Maker hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery,- acceptance, performance, default or enforcement of the payment of any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owed to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT, THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL_ BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES AND RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTION, LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED OR ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE MAY CONFESS JUDGMENT HEREUNDER, HE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE RIGHTS AND LIABILITIES. MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN A JUDGMENT AGAINST THE MAKER WITHOUT THE MAKER'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE IS HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID, BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIES HAVE BEEN PAID IN FULL. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without reference to any choice or conflict of law rules that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker has executed this Note as of the day and year first above written. WITNESS: MAKER: USOUEHANNA VALLEY TRANSPORT, LLC PHILLIP L. WkER, Managing Member GUA TORS: PHILLIP L. WEAVE O cL t A _ u Qcou'e-A AN S. WEAVER ,DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing this the 31 st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: PLV? J 5 w This Note is being executed by me for a commercial transaction. Initials: ?Lu? '?S W I understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: R_ 2 J !s') In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession ofjudgment. Initials: aw .JS Li I certify that my annual income exceeds $10,000.00, that the blanks in the above Note and this Disclosure were filled in when I initialed and signed same, and that I received a copy hereof at the time of signing. Initials: ;LW , ? S w WITNESS: l 1 •o + PHILLIP L. WEAVER (? c<•?•? . ?"0 o A of A. J. S. WEAVER 5VT Receivable OCompound Period ......... : Monthly Nominal Annual Rate .-.- : 6.000 % Effective Annual Rate ... 6.168 % Periodic Rate ................ 0.50000 % Daily Rate ..................... 0.01644 % CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 12/31/2002 2,819,402.76 1 2 Payment 01/01/2003 0.00 1 3 Payment 02/01/2003 0.00 1 4 Payment 03/04/2003 16,000.00 1 5 Payment 0310412003 11,104.30 1 6 Payment 03/04/2003 13,895.70 1 7 Payment 04/01/2003 0.00 1 8 Payment 05/01/2003 0.00 1 9 Payment 06/01/2003 0.00 1 10 Payment 07/01/2003 0.00 1 11 Payment 08/01/2003 0.00 1 12 Payment 09/01/2003 0.00 1 13 Payment 10/01/2003 0.00 1 (14 Payment 11/01/2003 0,00 1 =15 Payment 12/01/2003 0.00 1 16 Payment 01 /01 /2004 0.00 1 17 Payment 02101/2004 0.00 1 18 Payment 03/01/2004 0.00 1 19 Payment 04/01/2004 0.00 1 20 Payment 05/01/2004 0.00 1 AM ORTIZATION SCHE DULE - Normal Am ortization Date Payment Interest Principal Balance Loan 12/31/2002 2,819,402.76 2002 Totals 0.00 0.00 0.00 1 01/01/2003 0,00 463.46 463.46- 2,819,866.22 2 02/01/2003 0.00 14,099.33 14,099.33- 2,833,965.55 3 03/04/2003 16,000.00 15,574.39 425.61 2,833,539,94 4 03/04/2003 11,104.30 0.00 11,104.30 2,822,435.64 5 0310412003 13,895.70 0.00 13,895.70 2,808,539.94 6 04/01/2003 0.00 12,926.98 12,926.98- 2,821,466.92 7 05/0112003 0.00 14,107.33 14,107.33- 2,835,574.25 8 06/01/2003 0.00 14,177.87 -14,177.87- 2,849,752.12 9 07/01/2003 0.00 14,248.76 14,248.76- 2,864,000.88 10 08/01/2003 0.00 14,320.00 14,320.00- 2,878,320,88 11 09/01/2003 0.00 14,391.60 14,391.60- 2,892,712.48 -12 10/01/2003 0.00 14,463.56 14,463.56- 2,907,176.04 Exhibit "g" SVT Receivable Date Payment Interest Principal Balance 13 11/01/2003 0.00 14,535.88 14,535.88- 2,921,711.92 14 12/01/2003 0.00 14,608.56 14,608.56- 2,936,320.48 2003 Totals 41,000.00 157,917.72 116,917.72- 15 01/01/2004 0.00 14,681.60 14,681.60- 2,951,002.08 16 02/01/2004 0.00 14,755.01 14,755.01- 2,965,757.09 17 03/01/2004 0.00 14,828.79 14,828.79- 2,980,585.88 18 04/01/2004 0.00 14,902.93 14,902.93- 2,995,488.81 19 05/01/2004 • 0.00 14,977.44 14,977.44- 3,010,466.25 2004 Totals 0.00 74,145.77 74,145.77- Grand Totals 41,000.00 232,063.49 191,063.49- G-1 p?cc, 317Jo3 CLOUSE TRUCKING .DECEMBER 31, 2002 CLOUSE-SVT LANCASTER DIVISION SALE RECONCILIATION Receivable Balance calculation per Unadjusted Trial Balance: Invoice # Date Description Amount • 5041 06/10/2002 2 new recaps for TRL 448 $ 191.40 13-9/1 -t 44695 07/11/2002 6/13/02 Payroll and Withholdings 37,976.60 B-911 .4696 07/11/2002 6/20/02 Payroll and Withholdings 38,874.53 13-711 e4697 07/11/2002 6/20/02 Payroll and Withholdings 37,341.71 f?-cj/t •4698 07/11/2002 7/5/02 Payroll and Withholdings 37,280.05 13'9/1 ?4699 07/11/2002 7111/02 Payroll and Withholdings 39,563.53 1^-`t// •4709 07/12/2002 Administrative fee assessed by Clouse for Payroll 1,031.69 P q/1 - 1 n4707 07/12/2002 Charge SVT for lubricants billed to Clouse -; 3,020.55 B- 7h m4717 07/18/2002 7/18/02 Payroll and Withholdings 37,006.96 t3'31t 4722 07/25/2002 7125/02 Payroll and Withholdings 36,370.04 i -111 ,o4705 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 2,329.62 G- 911 -' 4706 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 1,756.88 L--?/' -? 4710 07/12/2002 Pink Soap - 5 gallons @ $1.33/(6. 13.30i3--9 1' -I .4713 07/16/2002 Charge SVT for use of Clouse Trucking's turnpike card (6/1/02 - 6/30/02) 4,226.55'x-`'1' - 4714 07/17/2002 Charge SVT for telephone billing paid by Clouse 186.44 ;, 4751 08/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (7/1/02-7/30/02) 5,281.7013-911 -1 ,4756 08/20/2002 7800 Gallons of Diesel Fuel 10,185.54 in _4755 08/20/2002 Administrative fee assessed by Clouse for Payroll 479.71 4753 08/20/2002 Charge SVT for payment of Diesel fuel paid by Clouse 2,902.64 G=, x4754 08/20/2002 Charge SVT for revenue received for Hamer pickup & delivery 6,048.99 :.4765 09/05/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees 1,109.09'%" 3/1 4764 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 9,000.00 ,4767 09/09/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees 154.62,- =frlr' ,4802 09/19/2002 Purchase of Mack Truck (JM003676) for SVT 20,000.009-//1-t ,4807 09/23/2002 Repairs incorrectly billed to Clouse PAID CK 1968 - BALANCE PER UNADJUSTED TRIAL BALANCE 332,332.14 F--9/1 dd items not picked up by Clouse Trucking that should have been picked up: nvoice # Date Description Amount .4700 07/12/2002 7800 Gallons of Diesel Fuel 39,266.49 i?. - % - 4756 08/20/2002 42 Gallons of Diesel Fuel 53.34 4769 09/10/2002 Charge SVT for Trailer Plates 98,932.93 4776 09/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (8/1/02-8/31/02) 4,334.85 ,4816 10/01/2002 Cell Phone Charges 409.06 4814 10/01/2002 Backhauls form East Earl to Carlisle 6,372.95 4831 10/23/2002 Backhauls by Shew to Holly 1,650.00 TOTAL ADDITIONAL INVOICES TO ADD TO RECEIVABLE BALANCE 151,019.62 (? ss items that should not have been picked up by Clouse Trucking: tvoice # Date Description Amount 4764 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 (9,000.00) iA ADJUSTED RECEIVABLE BALANCE FROM INVOICES 474,351.76 ADD SALES PRICE OF LANCASTER DIVISION 2,500,000.00 r = 1? BALANCE LESS PRINCIPAL ILEDUCTION ON NOTE RECEIVABLE NOTE RECEIVABLE BALANCE AT 12/31/02 1"C3?iE?? T7Cm (lct.t a_ r 1113. 4 ianciaJStalemena\02-025MCLOUSE-SVT RECONCILIATION S ??;er iii, f, =y Ui j?'? ('r."a pyl 2,974,351.76 _ Jl (154,949.00) $2,819,402.76i" --t?; " NCO F. \FILES\DATAFILE\General\Cutrent\3491 4. praecipe CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE AND NOW, comes the counsel for the parties to the above referenced action at the direction of their clients and submit this Praecipe to this Court, and the attached draft Order noting that the case is settled and discontinued in accordance with the terms and conditions of the Agreement appended to the Order. MARTSON DEARDORFF WILLIAMS & OTTO By David A. Fitzsimons, Esquire I.D. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff CASE & DiGIAMBERADINO, P.C. By Shawn P. Quinnan, Esquire 541 Court Street Reading, PA 19601 Date: Attorney for Defendants EXHIBIT "C" CLOUSE 'RUCKING, INC. J. EDWARD CLOUSE Bulk Milk Transporting 2075 Ritner Highway CARLISLE: PENNSYLVANIA 17013 I i October 7, 2004 T0: DAVM FITZSIMONS Ft.OK J. EDWARD CLOUSE TRAILERS CLOUSE# 425 1W9P8212281025727 425 430 IMP82122C1025728 4,30 568 1W9P62121C1025901 580 424 1 W PP8212381025168 424 436 1WSP6212001026333 436 TRACTORS CLOUSE # 101 2M2N188Y&"20689 28 6 1 M2AA13Y4RW028446 137 52 tM1AA13YXW113004 62 17 iM2N188Y2GA016048 61 9 iM1AA16Y31W138342 144 Telephones: 717 2492418 717 249.4606 717 205-0234 Exhibit "D" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quinnan, Esquire CASE & DiGIAMBERADINO, P.C. 541 Court Street Reading, PA 19601 MARTSON DEARDORFF WILLIAMS & OTTO y Tric?ast;High road Street Carlisle, PA 17013 (717) 243-3341 Dated: November 10, 2004 cD ?Y .,/2004 09:40 7172431807 MDWO PAGE 02/03 D P!1r.LEMATAPILOOG:ncraACunrnt?3491 A.p.mip, NOV 17 2004 CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PBU LIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW PRAECIFE AND NOW, comes the counsel for the parties to the above referenced action at the direction of their clients and submit this Praecipe to this Court, and the attached draft Order noting that the case is settled and discontinued in accordance with the teams and conditions of the Agreement appended to the Order. 7By TS ON DE OS RFF WILIL4MS & OTTO David A. Fitzsimons, Esquire I.D. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff CASE & D' ERADINO, P.C. R ac. I. Q ' , Esquire 541 Court Street Reading, PA 19601 Date: Attorney for Defendants CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this day of November, 2004, upon the submission by Praecipe jointly by the parties, it is hereby ordered that in accordance with the attached Settlement Agreement which is adopted and included within the record, this action shall be marked "settled and discontinued" in accordance with the terms of the Agreement. BY THE COURT, J Ii/L., )Oj?f V Wesley Ole ., J. a 4'--l ? tv o V(NV IASNN.I]ld! SS :1 W-d ZZ AON U0Z AUVIQNr HlClcid :'Hi 40 3' 0112:0--03111 F: \FII.E S\DATAFII.E\General\Current\3491.4. release i /tde Created 10/6/04 3:51PM Revised: 10/28/04 0:16PM SETTLEMENT AGREEMENT AND PARTIAL RELEASE This Agreement is a Settlement and Partial Release entered into between CLOUSE TRUCKING, INCORPORATED, a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business at 2075 Ritner Highway, Carlisle, Pennsylvania (hereinafter referred to as "Clouse"); SUSQUEHANNA VALLEY TRANSPORT, LLC, a limited liability corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535 (hereinafter referred to as "SVT"); and PHILIP L. WEAVER and JOAN S. WEAVER, individuals and officers of Susquehanna Valley Transport, LLC, residing at 45 Lesal Road, Gordonville, Pennsylvanian (hereinafter referred to as "Guarantors"). Background. In May of 2002, SVT executed a Promissory Note to Clouse, and Guarantors guaranteed payment, in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars. A copy ofthe Note and related materials, including Disclosure for Confession of Judgment is attached to this Settlement Agreement as Exhibit "A," and is incorporated by reference as if fully set forth. SVT fell in to arrears in its obligated payment to Clouse on the Judgment Note and for additional payments made by Clouse to SVT as evidenced in the attached payment records titled "SVT Receivables" and "Clouse-SVT Lancaster Division Sale Reconciliation" which are marked as Exhibit "B" and incorporated by reference as if fully set forth. On or about April 30, 2004, Clouse through its attorneys entered a Confession of Judgment against SVT and Guarantors in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars, plus additional monies advanced in the amount of $319,402.76, plus attorney's fees, interest and costs of suit. SVT and the Guarantors timely objected to the entry of Confessed Judgment against each. The parties have determined that it is to their mutual benefit to resolve their disputes relating to the aforesaid judgments and have therefore entered into the following Agreement which is intended to result in the Release by Clouse of the Guarantors from the Confessed Judgment and any claims related to that judgment, and the Mutual Release by Guarantors of Clouse from any claims related to the Confessed Judgment while maintaining the judgment to the benefit of Clouse against SVT. AGREEMENT: NOW THEREFORE, intending to be legally bound hereby and in consideration of the benefits and promises set forth herein, the receipt of which is hereby made, the parties agree as follows: 1. Upon execution of this Settlement Agreement, the parties will each direct their counsel to enter a joint praecipe in the form attached hereto as Exhibit "C," releasing the judgment entered against the Guarantors by Clouse and confirming the agreement by SVT of the continuation of the judgment filed by Clouse against SVT by withdrawal of SVT's action. 2. Within a reasonable time frame after the execution of this Agreement, but in no event longer than 60 days therefrom, the Guarantors as the owners of record of a certain property located on Route 340 in Salisbury Township, Lancaster County, Pennsylvania, described in the Lancaster County Recorder of Deeds Office in Deed Book (bar code) 5043396, dated December 3, 2001, and identified as tax parcel numbers (account numbers) 560-74622-0-0000 and 560-90112-0-0000 ("the Real Estate"), shall deliver a fully executed and ready for recordation Right of First Refusal to Clouse which shall specifically state that in the event that Guarantors determine to sell that property, it shall be offered for first refusal to Clouse at a reasonable market rate, or at the amount made by any bona fide proposed purchaser of the property. That Agreement will also provide for the joint retention of an independent appraiser in the event that an independent evaluation of the property is required to determine the reasonableness or bona fides of any offer to purchase. 3. By this Settlement Agreement and in consideration of the receipt of $1.00, payment of which is hereby acknowledged, and in accordance with the mutual promises and covenants set forth herein, Clouse does hereby remise, release, quit claim, and forever discharge Guarantors, Philip L. Weaver and Joan S. Weaver, from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands in their capacity as Guarantors of the subject Judgment Note, whether in law or in equity which it ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002 and defaulted payments by SVT under that Note. 4. By this Settlement Agreement and in consideration of the receipt of $1.00 and the completion of the transfer of vehicle and trailer titles described in Paragraph 6, and in accordance with the mutual promises and covenants set forth herein, Guarantors, Philip Weaver and Joan S. Weaver do hereby remise, release, quit claim, and forever discharge Clouse from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands whatsoever, whether in law or in equity which they ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002, and the execution/enforcement of same, and any other claims made, or which could have been made, from the beginning of time until the date of this settlement 5. The parties to this Agreement hereby acknowledge and specifically state that the judgment entered by Clouse against SVT on or about April 30, 2004, shall be confirmed as valid and that SVT through the attached Praecipe shall confirm withdrawal of its objections to the said judgment. 6. At the time of the execution of this Agreement, SVT shall undertake all actions necessary to transfer to Clouse the titles of all vehicles which are identified in the list attached to this Agreement as Exhibit "D," these vehicles being the balance of those transferred to SVT in or about May of 2002 or later purchased with Clouse funds. Clouse has a valid security interest in all said vehicles. All vehicles with security interest shall be transferred. 7. The parties hereto agree to execute any and all documents or papers reasonably ?oaL?a necessary to carry out and effectuate the terms and conditions of this Settlement Agreement, ?i including, but not limited to documentation related to the Heavy Highway Vehicle Use Tax, including Form 2290 and Schedule 1 for those vehicles and trailers transferred from SVT to Clouse. 8. The parties hereto acknowledge that this settlement is the compromise of a disputed claim and that the execution of this Agreement and performance of the acts required herein shall not constitute an admission by any party of liability to any other party. 9. This document shall be governed by the laws of Pennsylvania. 10. This document may be executed in multiple counterparts or any number of duplicate originals, but all of which shall constitute one in the same instrument. 11. Each party recognizes and acknowledges by the execution of this Agreement that they are represented by counsel, that they have reviewed this document in consultation with their counsel, that they fully understand the terms and conditions, and entered into this settlement willingly, voluntarily and of their own free will. 12. The judgment, confessed by Clouse, shall remain in full force and effect against SVT. Clouse herein agrees to withhold legal action to enforce its rights as a judgment creditor for four months from the execution of this document. IN WITNESS WHEREOF, this Settlement Agreement and Partial Release has been executed by the parties or their authorized representatives hereto the day and year first written below. Date: ATTEST: CLOUSE TRUCKING, INCORPORATED By: ZjXj? tj 4, . A &j,? S _ac2 2 tX? Edward Clouse ATTEST: SUSQUEHANNA VALLEY TRANSPORT, LLC OC Q Cv? By: TNESS: CByr: Phillip L. Wea er, Guarantor )r&2 By: QQQk -A - WaCk.,'? Jo S. Weaver, Guarantor PROMISSORY NOTE $ 2,500,000 May 31, 2002 SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liability Company with offices at 45 Lesal Road, Gordonville, PA, (hereinafter referred to as "Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster County, Pennsylvania, (hereinafter referred to as "Guarantors"), hereby individually and collectively promise to pay to the order of CLOUSE TRUCKING, INC., a Pennsylvania business corporation with offices at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, or its assigns, (the "Payee"), in lawful money of the United States of America, and at such place as Payee may designate the principal sum of Two Million Five Hundred Thousand ($2,500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling business-. interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 2002. Said monthly payments shall be in the amount of no less than Thirty-Seven Thousand Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six (6) percent per annum, and thereafter to reduction of principal, until the principal, accrued interest and any late payments due hereunder are paid in full. Beginning with June 1, 2005, the interest rate shall be subject to change annually at the option of Payee to a rate equivalent to the Prime Interest rate as published by the Wall Street Journal on May 31St preceeding the interest change date. Provided, that unless sooner paid, all principal, unpaid interest and late payments due hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee hereunder if such payment is not made within ten (10) days of the date on which it is due and the amount of such late charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonpayment of any of the liabilities, or any portion thereof, when and in the manner due, whether by acceleration or otherwise; (b) the institution of any proceeding in bankruptcy, receivership or insolvency by or against the Maker, or (c) partial or full transfer or sale of any of the collateral securing this Note without the written consent of Payee prior to the full and final payment and satisfaction of the obligations set forth in this Note. Exhibit "A" The Maker hereby waives presentment for payment, notice of demand, notice of _ nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery,- acceptance, performance, default or enforcement of the payment of any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owed to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT, THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL_ BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES AND _ RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTION, LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED OR ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE MAY CONFESS JUDGMENT HEREUNDER, HE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE RIGHTS AND LIABILITIES. MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN A JUDGMENT AGAINST THE MAKER WITHOUT THE MAKER'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE IS HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID, BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIES HAVE BEEN PAID IN FULL. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without reference to any choice or conflict of law rules that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker has executed this Note as of the day and year first above written. WITNESS: MAKER: SU EHANNA VALLEY TRANSPORT, LLC By PHILLIP L. W VER, Managing Member GUA TORS: PHILLIP L. WEAVER c U QC'u-f-A L?P(AN S. WEAVER ,DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing this the 31st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: PL-? J 5 w This Note is being executed by me for a commercial transaction. Initials: S W I understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: q_ L? J5, In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession of judgment. Initials: B-\Q ?SW I certify that my annual income exceeds $10,000.00, that the blanks in the above Note and this Disclosure were filled in when I initialed and signed same, and that I received a copy hereof at the time of signing. Initials: R-L?s )Sw WITNESS: -./U 1 •o PHILLIP L. WEAVER cw J, S. WEAVER SVT Receivable gCompound Period : Monthly Nominal Annual Rate ..._ : 6.000 % Effective Annual Rate ... 6.168 % Periodic Rate ................ 0.50000 % Daily Rate ..................... 0.01644 % CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 12/31/2002 2,819,402.76 1 2 Payment 01/01/2003 0.00 1 3 Payment 02/01/2003 0.00 1 4 Payment 03104/2003 16,000.00 1 5 Payment 03/04/2003 11,104.30 1 6 Payment 03/04/2003 13,895.70 1 7 Payment 04/01/2003 0.00 1 8 Payment 05/01/2003 0.00 1 9 Payment 06/0112003 0.00 1 10 Payment 07/01/2003 0.00 1 11 Payment 08/01/2003 0.00 1 12 Payment 09/01/2003 0.00 1 13 Payment 10/01/2003 0.00 1 14 Payment 11/01/2003 0.00 1 1 ±15 Payment 12/01/2003 0.00 1 16 Payment 01/01/2004 0.00 1 17 Payment 02101/2004 0.00 1 18 Payment 03/01/2004 0.00 1 19 Payment 04/01/2004 0.00 1 20 Payment 05/01/2004 0.00 1 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 12/31/2002 2,619,402.76 200 2 Totals 0.00 0.00 0.00 1 01/01/2003 0.00 463.46 463.46- 2,819,866.22 2 02/01/2003 0.00 14,099.33 14,099.33- 2,833,965.55 3 03/04/2003 16,000.00 15,574.39 425.61 2,833,539.94 4 03/04/2003 11,104.30 0.00 11,104.30 2,822.435.64 5 03/04/2003 13,895.70 0.00 13,895.70 2,808,539.94 6 04/01/2003 0.00 12,926-98 12,926.98- 2,821,466.92 7 06/01/2003 0.00 14,107.33 14,107.33- 2,835,574.25 8 06/01/2003 0.00 14,177.87 14,177.87- 2,849,752.12 9 07101/2003 0.00 14,248.76 14,248.76- 2,864,000.88 10 08/01/2003 0.00 14,320.00 14,320.00- 2,878,320.88 11 09/01/2003 0.00 14,391.60 14,391.60- 2,892,712.48 12 10/01/2003 0.00 14,463.56 14,463.56- 2,907,176.04 Exhibit "g" SVT Receivable Date. Payment Interest Principal Balance 13 11101/2003 0.00 14,535.88 14,535.88- 2,921,711.92 14 12/01/2003 0.00 14,608.56 14,608.56- 2,936,320.48 2003 Totals 41,000.00 157,917.72 116,917.72- 15 01/01/2004 0.00 14,681.60 14,681.60- 2,951,002.08 16 02/01/2004 0.00 14,755.01 14,755.01- 2,965,757.09 17 03/01/2004 0.00 14,828.79 14,828.79- 2,980,585.88 18 04/0112004 0.00 14,902.93 14,902.93- 2,995,488.81 19 05/01/2004 • 0.00 14,977.44 14,977.44- 3,010,466.25 2004 Totals 0.00 74,145.77 74,145.77- Grand Totals 41,000.00 232,063.49 191,063.49- B-9 CLOUSE TRUCKING ,DECEMBER 31, 2002 CLOUSE-SVT LANCASTER DIVISION SALE RECONCILIATION Receivable Balance calculation per Unadiusted Trial Balance: Invoice # Date Description • 5041 06/10/2002 2 new recaps for TRL 448 44695 07/11/2002 6/13/02 Payroll and Withholdings .4696 07/11/2002 6/20/02 Payroll and Withholdings *4697 07/11/2002 6/20/02 Payroll and Withholdings •4698 07/11/2002 7/5/02 Payroll and Withholdings j.4699 07/11/2002 7/11/02 Payroll and Withholdings 14709 07/12/2002 Administrative fee assessed by Clouse for Payroll 04707 07/12/2002 Charge SVT for lubricants billed to Clouse ,-4717 07/18/2002 7/18/02 Payroll and Withholdings • 4722 07/25/2002 7/25/02 Payroll and Withholdings ,P4705 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 4706 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 4710 07/12/2002 Pink Soap - 5 gallons @ $1.33/lb. .4713 07/16/2002 Charge SVT for use of Clouse Trucking's turnpike card (6/1/02 - 6/30/02) 4714 07/17/2002 Charge SVT for telephone billing paid by Clouse 4751 08/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (7/1/02-7/30/02) . 4756 08/20/2002 7800 Gallons of Diesel Fuel ,4755 08/20/2002 Administrative fee assessed by Clouse for Payroll .:4753 08/20/2002 Charge SVT for payment of Diesel fuel paid by Clouse .,4754 08/20/2002 Charge SVT for revenue received for Hamer pickup & delivery 4765 09/05/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees 4764 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 4767 09/09/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees ,4802 09/19/2002 Purchase of Mack Truck (JM003676) for SVT ,4807 09/23/2002 Repairs incorrectly billed to Clouse PAID CK 1968 BALANCE PER UNADJUSTED TRIAL BALANCE dd items not picked up by Clouse Trucking that should have been picked up: nvoice # Date Description 4700 07/12/2002 7800 Gallons of Diesel Fuel 4756 08/20/2002 42 Gallons of Diesel Fuel 4769 09/10/2002 Charge SVT for Trailer Plates 4776 09/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (8/1/02-8/31/02) ,4816 10/01/2002 Cell Phone Charges 4814 10/01/2002 Backhauls form East Earl to Carlisle 4831 10/23/2002 Backhauls by Shew to Holly TOTAL ADDITIONAL INVOICES TO ADD TO RECEIVABLE BALANCE :ss items that should not have been picked up by Clouse Trucking: rvoice # Date Description 4764 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 ADJUSTED RECEIVABLE BALANCE FROM INVOICES ADD SALES PRICE OF LANCASTER DIVISION BALA-NCE LESS PRINCIPAL REDUCTION ON NOTE RECEIVABLE NOTE RECEIVABLE BALANCE AT 12/31/02 corof'a )Ad -?Cm (1ut a= 1 t uC3. ancWSiaiemenu\02- 025MCLOUSE-SvT RECONC1Li?TION,!s s ?- r f _y u) Q16C 317/O3 Amount 191.40 9-4/1 -i 37,976.60 6-41 i 38,874.53 13-911 37,341.71 f?-qh 37,280.05 13 -7/1 39,563.53 C--`r/1 1,031.69 g-g11-? 3,020.55 B-711 -; 37,006.96 9-?I1 36,370.04'I llt 2,329.62 0-91t- 1,756.88 13`51h- - i 13.30"3-9" 4,226.55e-7i, " 18 6.441=' ? - 5,281.7013-91' -1 10,185.541 479.71 2,902.64='`? 6,048.99 1,109.09 9,000.00 154.62 6- =t/t - 20,000.00)3//'-1 332,332.14 13-y/I Amount 39,266.491:- 53.34 98,932.93 4,334.85 409.06 6,372.95 1,650.00 151,019.62 J J?- Amount (9,000.00);x, 474,351.76 2,500,000.00 2,974,351.76 JIC-'j<= 154,949.00)-?`/?!' $2,819,402.76!- ( .-1? P(1J?f 1/,tc?rF. co i Frl oc;f 'rte F \FILES\DATAFILE\General\Carrent\3491 4 praecipe CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE AND NOW, comes the counsel for the parties to the above referenced action at the direction of their clients and submit this Praecipe to this Court, and the attached draft Order noting that the case is settled and discontinued in accordance with the terms and conditions of the Agreement appended to the Order. MARTSON DEARDORFF WILLIAMS & OTTO By Date: David A. Fitzsimons, Esquire I.D. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CASE & DiGIAMBERADINO, P.C. By Shawn P. Quinnan, Esquire 541 Court Street Reading, PA 19601 Date: Attorney for Defendants EXHIBIT "C" CLOUSE TRUCKING, INC. J, EDWARD CLOUSE Bulk Milk Transporting 2075 Ritner Highway ?4ft_ CARUSL.E, PENNSYLVANIA 17013 October 7, 2004 TO: DAVID FITZSIMONS FROM' J. EDWARD CLOUSE TRAILERS CLOUSE# 425 1W9158212201Q25727 425 430 IMP82122C1025728 430 588 1w9P82121C1025901 588 424 1WOP821239/025168 424 436 1W9R82120p1026393 436 TRACTORS CLOUSE# 101 2M2N108Y&"2G689 28 6 1M2AA13Y4RW028448 137 52 1M1AAMYW113004 62 17 1M2N188Y2GA016046 61 9 WiAA16Y31Ws38a42 144 Teiaphom: 717 249«2418 717 249-4606 111245-0234 Exhibit "D" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quinnan, Esquire CASE & DiGIAMBERADINO, P.C. 541 Court Street Reading, PA 19601 MARTSON DEARDORFF WILLIAMS & OTTO Y- Trice . ckenroad E ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 10, 2004 Irl- F\FIL25\DATAFILB\G, c,.I\C. a tB491.4,titiontooMene.wad Created. 1/19/06 4.56PM Revised. 2/2/06 244PM CLOUSE TRUCKING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S PETITION TO REOPEN JUDGEMENT AND CORRECT DOCKET ENTRY PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 501. AND NOW, comes the Clouse Trucking, hic., by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully represents as follows: The Petitioner, Clouse Trucking, Inc., is abusiness corporation duly organized and existing under the laws ofthe Commonwealth ofPennsylvania, with a place ofbusiness at 2075 Ritner Highway, Carlisle, PA (hereinafter "Petitioner"). 2. The Respondent, Susquehanna ValleyTransport, LLC, is a limited liability corporation duly organized and existing under the laws of the Commonwealth ofPennsylvania, with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535 (hereinafter referred to as "SVT"). Philip L. Weaver and Joan S. Weaver are individuals and officers of Susquehanna Valley Transport. LLC, residing at 45 Lesal Road, Gordinville, Pennsylvania (hereinafter "Guarantors"), 4. On May, 2002, SVT executed a promissory note to Petitioner, and Guarantors guaranteed payment, in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars. 5. SVT defaulted on the note. 6. On April 30, 2004, Petitioner, through its attorneys, entered a Confession of Judgment against SVT and Guarantors in the amount ofTwo Million Five Hundred Thousand, plus additional monies advanced in the amount of $319,402.76, plus attorney's fees, interests and cost of suit. 7. On September 28, 2004, the parties entered into a binding Settlement Agreement and Partial Release. 8. Under this Agreement, Petitioner released the Guarantors from all claims and liabilities, but maintained judgment against SVT. 9. The said Agreement was confirmed by Order of the Court, issued November 17,2004. A true and accurate copy of the Settlement Agreement with corresponding Order ofthe Court are attached hereto as "Exhibit A." 10. It is believed that therefore averred that, for whatever reason, the Prothonotary docketing the order and confirmed agreement interpreted them to settle and discontinue the entire case. 11. The docket now erroneously reads the above captioned case as being entirely settled and discontinued. 12. A careful reading of the agreement will confirm that the parties agreed to the release of the individual Defendants, but not the corporate Defendant, SVT. WHEREFORE, Petitioner, Clouse Trucking, Inc., prays this Court to grant a rule upon the Defendants to show cause why the judgment against Susquehanna Valley Transport, LLC, should notbe reopened in accordance with the Settlement Agreement and the Docket should not be changed to reflect that change. MARTSON DEARDORFF WILLIAMS & OTTO By &a a%?• (C? Carl C. Risch, Esquire Attorney I.D. No. 75901 Michael J. Collins, Esquire Attorney I.D. No. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 2, 2006 Attorneys for Plaintiff CLOUSE TRUCKING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SUSQUEHANNA VALLEY NO. 2004-1943 CIVIL TERM TRANSPORT, LLC, AND CIVIL ACTION - LAW PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants ORDER AND NOW, this .1l,.k day of November, 2004, upon the submission by Praecipe jointly by the parties, it is hereby ordered that in accordance with the attached Settlement Agreement which is adopted and included within the record, this action shall be marked "settled and discontinued" in accordance with the terms of the Agreement. BY THE COURT, /Sl ?? (/i f 4.t' 0,4 Cf] 1. Wesley Oler, it., J. I z TRUE COM" FROM TRUE COM" FROM fr. Tsatirrrcny wl.ved, 1 here "se; ?N I?pG and v,e wal at sakS QW at tt,'?. Pu. r.,is a ?t y L - PLAINTIFF'S Prothonotirif/ . EXHIBIT A t FiFILEBDATAEILE\Gen,.t\Cu,,,nt\34014 reluse l Ade Cr.ted 10/6/04 351 PM R,,i 10128/04 0'. 16PM SETTLEMENT AGREEMENT AND PARTIAL RELEASE This Agreement is a Settlement and Partial Release entered into between CLOUSE TRUCKING, INCORPORATED, a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business at 2075 Rimer Highway, Carlisle, Pennsylvania (hereinafter referred to as "Clouse"); SUSQUEHANNA VALLEY TRANSPORT, LLC, a limited liability corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535 (hereinafter referred to as "SVT"j; and PHILIP L. WEAVER and JOAN S. WEAVER, individuals and officers of Susquehanna Valley Transport, LLC, residing at 45 Lesal Road, Gordonville, Pennsylvanian (hereinafter referred to as "Guarantors"). Background. In May of 2002, SVT executed a Promissory Note to Clouse, and Guarantors guaranteed payment, in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars. A copy of the Note and related materials, including Disclosure for Confession of Judgment is attached to this Settlement Agreement as Exhibit "A," and is incorporated by reference as if fully set forth. SVT fell in to arrears in its obligated payment to Clouse on the Judgment Note and for additional payments made by Clouse to SVT as evidenced in the attached payment records titled "SVT Receivables" and "Clouse-SVT Lancaster Division Sale Reconciliation" which are marked as Exhibit "B" and incorporated by reference as if fully set forth. On or about April 30, 2004, Clouse through its attorneys entered a Confession of Judgment against SVT and Guarantors in the amount of Two Million Five Hundred Thousand ($2,500,000.00) Dollars, plus additional monies advanced inthe amount of $319,402.76, plus attorney's fees, interest and costs of suit. SVT and the Guarantors timely objected to the entry of Confessed Judgment against each. The parties have determined that it is to their mutual benefit to resolve their disputes relating to the aforesaid judgments and have therefore entered into the following Agreement which is intended to result in the Release by Clouse of the Guarantors from the Confessed Judgment and any claims related to that judgment, and the Mutual Release by Guarantors of Clouse from any claims related to the Confessed Judgment while maintaining the judgment to the benefit of Clouse against SVT. AGREEMENT: NOW THEREFORE, intending to be legally bound hereby and in consideration of the benefits and promises set forth herein, the receipt of which is hereby made, the parties agree as follows: Upon execution of this Settlement Agreement, the parties will each direct their counsel to enter a joint praecipe in the form attached hereto as Exhibit "C," releasing the judgment entered against the Guarantors by Clouse and confirming the agreement by SVT of the continuation of the judgment filed by Clouse against SVT by withdrawal of SVT's action. 2. Within a reasonable time frame after the execution of this Agreement, but in no event longer than 60 days therefrom, the Guarantors as the owners of record of a certain property located on Route 340 in Salisbury Township, Lancaster County, Pennsylvania, described in the Lancaster County Recorder of Deeds Office in Deed Book (bar code) 5043396, dated December 3, 2001, and identified as tax parcel numbers (account numbers) 560-74622-0-0000 and 560-90112-0-0000 ("the Real Estate"), shall deliver a fully executed and ready for recordation Right of First Refusal to Clouse which shall specifically state that in the event that Guarantors determine to sell that property, it shall be offered for first refusal to Clouse at a reasonable market rate, or at the amount made by any bona fide proposed purchaser of the property. That Agreement will also provide for the joint retention of an independent appraiser in the event that an independent evaluation of the property is required to determine the reasonableness or bona fides of any offer to purchase. By this Settlement Agreement and in consideration of the receipt of $1.00, payment of which is hereby acknowledged, and in accordance with the mutual promises and covenants set forth herein, Clouse does hereby remise, release, quit claim, and forever discharge Guarantors, Philip L. Weaver and Joan S. Weaver, from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands in their capacity as Guarantors of the subject Judgment Note, whether in law or in equity which it ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002 and defaulted payments by SVT under that Note. 4. By this Settlement Agreement and in consideration of the receipt of $1.00 and the completion of the transfer of vehicle and trailer titles described in Paragraph 6, and in accordance with the mutual promises and covenants set forth herein, Guarantors, Philip Weaver and Joan S. Weaver do hereby remise, release, quit claim, and forever discharge Clouse from any and all manner of actions, cause of action, judgments, suit, debts, dues, accounts, agreements, claims and demands whatsoever, whether in law or in equity which they ever had, can have or may have by reason of the dispute relating to the attached Judgment Note of May 2002, and the execution/enforcement of same, and any other claims made, or which could have been made, from the beginning of time until the date of this settlement 5. The parties to this Agreement hereby acknowledge and specifically state that the judgment entered by Clouse against SVT on or about April 30, 2004, shall be confirmed as valid and that SVT through the attached Praecipe shall confirm withdrawal of its objections to the said judgment. 6. At the time of the execution of this Agreement, SVT shall undertake all actions necessary to transfer to Clouse the titles of all vehicles which are identified in the list attached to this Agreement as Exhibit "D," these vehicles being the balance of those transferred to SVT in or about May of 2002 or later purchased with Clouse funds. Clouse has a valid security interest in all said vehicles. All vehicles with security interest shall be transferred. 7. The parties hereto agree to execute any and all documents or papers reasonably necessary to carry out and effectuate the terms and conditions of this Settlement Agreement" ? T4 including, but not limited to documentation related to the Heavy Highway Vehicle Use Tax, ?- including Form 2290 and Schedule 1 for those vehicles and trailers transferred from SVT to Clouse. 8. The parties hereto acknowledge that this settlement is the compromise of a disputed claim and that the execution of this Agreement and performance of the acts required herein shall not constitute an admission by any party of liability to any other party. 9. This document shall be governed by the laws of Pennsylvania. 10. This document may be executed in multiple counterparts or any number of duplicate originals, but all of which shall constitute one in the same instrument. 11. Each party recognizes and acknowledges by the execution of this Agreement that they are represented by counsel, that they have reviewed this document in consultation with their counsel, that they fully understand the terms and conditions, and entered into this settlement willingly, voluntarily and of their own free will. 12. The judgment, confessed by Clouse, shall remain in full force and effect against SVT. Clouse herein agrees to withhold legal action to enforce its rights as a judgment creditor for four months from the execution of this document. IN WITNESS WHEREOF, this Settlement Agreement and Partial Release has been executed by the parties or their authorized representatives hereto the day and year first written below. Date: /C ATTEST: CLOUSE TRUCKING, INCORPORATED It f l???if ?? sQ C _ By: x'c"?. . Edward Clouse ATTEST: SUSQUEHANNA VALLEY TRANSPORT, LLC By: ?ITNESS: `By: Phillip L. Wea er, Guarantor By: Q o ,k. A - uLcQ - Luy Jo S. Weaver, Guarantor PROMISSORY NOTE $ 2,500,000 May 31, 2002 SUSQUEHANNA VALLEY TRANSPORT, LLC, A Pennsylvania Limited Liability Company with offices at 45 Lesal Road, Gordonville, PA, (hereinafter referred to as "Maker"), Phillip L. Weaver and Joan S. Weaver of Lancaster County, Pennsylvania, (hereinafter referred to as "Guarantors"), hereby individually and collectively promise to pay to the order of CLOUSE TRUCKING, INC., a Pennsylvania business corporation with offices at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, or its assigns, (the 'Payee"), in lawful money of the United States of America, and at such place as Payee may designate the principal sum of Two Million Five Hundred Thousand ($2,500,000) Dollars plus any additional principal advance by Payee to or for the benefit of Maker under terms of a certain Agreement of Sale for certain milk hauling business.. interests of Payee entered into among the parties hereto dated May 30, 2002. This Note is due and payable in monthly payments commencing on July 1, 2002. Said monthly payments shall be in the amount of no less than Thirty-Seven Thousand Five Hundred ($37,500.00) Dollars to be applied first to interest during the first three (3) years hereof at the rate of Six (6) percent per annum, and thereafter to reduction of principal, until the principal, accrued interest and any late payments due hereunder are paid in full. Beginning with June 1, 2005, the interest rate shall be subject to change annually at the option of Payee to a rate equivalent to the Prime Interest rate as published by the Wall Street Journal on May 31St preceeding the interest change date. Provided, that unless sooner paid, all principal, unpaid interest and late payments due hereunder shall be due and payable on or before June 1, 2009. Provided, however, that at no time during the term hereof shall the interest rate be greater than Nine (9%) per cent nor less than Six (6%) per cent. A late charge of ten percent (10%) of the monthly payment due hereunder shall be added to any payment due to Payee hereunder if such payment is not made within ten (10) days of the date on which it is due and the amount of such late charge(s) shall immediately be added to the indebtedness hereunder. The occurrence of any one of the following shall constitute an Event of Default by the Maker: (a) nonpayment of any of the liabilities, or any portion thereof, when and in the manner due, whether by acceleration or otherwise; (b) the institution of any proceeding in bankruptcy, receivership or insolvency by or against the Maker, or (c) partial or full transfer or sale of any of the collateral securing this Note without the written consent of Payee prior to the full and final payment and satisfaction of the obligations set forth in this Note. Exhibit "A" The Maker hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery,-acceptance, performance, default or enforcement of the payment of any liability hereunder. Upon the occurrence of any Event of Default, the principal and all liabilities owed to Payee by Maker together with costs of collection, including reasonable attorneys' fees, which shall in no event be less than One Thousand Dollars ($1,000.00), are immediately due and payable, as if the same had in the first instance been payable at such time. Payee may exercise any and all remedies that the Payee may then possess under the Uniform Commercial Code or any other applicable law, regulation or controlling legal authority. All rights or remedies of the Payee set forth or otherwise existing are cumulative. No delay or failure by the Payee herein, in exercising any of his options, powers or rights or a partial or single exercise constitutes a waiver of the right to exercise the same of any other right at any other time or from time to time thereafter. THE FOLLOWING PARAGRAPHS SET FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF AUTHORITY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND UNCONDITIONALLY, WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PROPER NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON AN EVENT OF DEFAULT, THE MAKER HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK, OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO CONFESS JUDGMENT AGAINST MAKER FOR ALL AMOUNTS DUE AND ALL OTHER LIABILITIES AS OF ANY TIME, PAST, PRESENT OR FUTURE. AND SUCH CONFESSION SHALL BE WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OR ERRORS, WITHOUT STAY OF EXECUTION, WITH REASONABLE ATTORNEY'S FEES ADDED WHICH IN NO EVENT SHALL BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00). THE MAKER FURTHER AGREES THAT REAL, PERSONAL OR MIXED PROPERTY MAY BE SOLD UPON ANY WRIT OF EXECUTION AS NOW OR HEREAFTER PROVIDED BY LAW OR THE RULES OF CIVIL PROCEDURE GOVERNING THE ENFORCEMENT OF JUDGMENTS. THE MAKER WAIVES AND RELEASES ALL RELIEF FROM ALL APPRAISEMENT, STAY OR EXEMPTION, LAWS OR RULES OF COURT, NOW IN FORCE OR HEREAFTER ENACTED OR ADOPTED. THE MAKER ACKNOWLEDGES THAT BY AGREEING THAT THE PAYEE MAY CONFESS JUDGMENT HEREUNDER, HE WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE RIGHTS AND LIABILITIES. MAKER FURTHER ACKNOWLEDGES THAT THE PAYEE MAY OBTAIN A JUDGMENT AGAINST THE MAKER WITHOUT THE MAKER'S OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE. MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION PROVIDED BY PAYEE. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT IS DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE IS HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID, BUT THAT POWER SHALL CONTINUE UNDIMINISHED ANY MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE ELECTS UNTIL ALL LIABILITIES HAVE BEEN PAID IN FULL. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provision of the Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, executors, successors and assigns of Payee, on the one hand, and Maker on the other hand. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without reference to any choice or conflict of law rules that might otherwise apply. IN WITNESS WHEREOF, and intending to be legally bound, the Maker has executed this Note as of the day and year first above written. WITNESS: MAKER: SU EHANNAVALLEY /T,RRANSPORT, LLC By PHILLIP L. W VER, Managing Member GUA TORS: PHILLIP L. WEAVER 1Qc,ven (, a 4WNJ AN S. ER ,DISCLOSURE FOR CONFESSION OF JUDGMENT am executing this the 31st day of May, 2002, the Promissory Note for Two Million Five Hundred Thousand ($2,500,000) Dollars plus additional capital advances made by Payee under terms of this note, obligating me to repay that amount. Initials: T J1 5 W This Note is being executed by me for a commercial transaction. Initials: S LO I understand that the Note contains wording that would permit Payee, to enter judgment against me at the courthouse, whether or not said Note is in default, without prior notice to me and without offering me an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: RLL'? JStJ In executing this Note, I am knowing, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the courthouse, and am consenting to the confession of judgment. Initials: -?SL.J I certify that my annual income exceeds $10,000.00, that the blanks in the above Note and this Disclosure were filled in when I initialed and signed same, and that I received a copy hereof at the time of signing. Initials: rt L I? , ? S w WITN ESS: r \ D / Y AA"- ?- -? PHILLIP L. WEAVER L cw) J S. WEAVER 5VT Receivable Compound Period .... _... : Monthly Nominal Annual Rate.-.. : 6.000% Effective Annual Rate ... 6.168 % Periodic Rate ................ 0,50000 % Daily Rate ..................... 0.01644 % CASH FLOW DATA Event Date Amount Number Period End Date i Loan 12/31/2002 2,819,402.76 1 2 Payment 01/01/2003 0.00 1 3 Payment 0210112003 0.00 1 4 Payment 0310412003 16,000.00 1 5 Payment 03/04/2003 11,104.30 1 6 Payment 03/04/2003 13,895.70 1 7 Payment 04/01/2003 0.00 1 8 Payment 05/01/2003 0.00 1 9 Payment 06/0112003 0.00 1 10 Payment 07/01/2003 0.00 1 11 Payment 08/01/2003 0.00 1 12 Payment 09/01/2003 0.00 1 13 Payment 10/01/2003 0.00 1 ,14 Payment 11/01/2003 0.00 1 ,15 Payment 12101/2003 0.00 1 16 Payment 01/01/2004 0.00 1 17 Payment 02101/2004 0.00 1 18 Payment 03101/2004 0.00 1 19 Payment 04/0112004 0.00 1 20 Payment 05/01/2004 0.00 1 AM ORTIZATION SCHE DULE - Normal Am ortization Date Payment Interest Principal Balance Loan 12/31/2002 2,819,402.76 2002 Totals 0.00 0.00 0.00 1 01/01/2003 0.00 463.46 463.46- 2,819,866.22 2 02101/2003 0.00 14,099.33 14,099.33- 2,833,965.55 3 03/04/2003 16,000.00 15,574.39 425.61 2,833,539.94 4 03/04/2003 11,104.30 0.00 11,104.30 2,822.435.64 5 03/04/2003 13,895.70 0.00 13,895.70 2,808,539.94 6 04101/2003 0.00 12,926.98 12,926.98- 2,621,466.92 7 0510112003 0.00 14,107.33 14,107.33- 2,835,574.25 8 06101/2003 0.00 14,177.87 14,177.87- 2,849,752.12 9 07/01/2003 0.00 14,248.76 14,248.76- 2,864,000.88 10 08/01/2003 0.00 14,320.00 14,320.00- 2,878,320.86 11 09101/2003 0.00 14,391.60 14,391.60- 2,892,712.48 12 10/01/2003 0.00 14,463.56 14,463.56- 2.907,176.04 Exhibit "6" SVT Receivable Date 13 11/01/2003 14 12/01/2003 2003 Totals 15 01101/2004 16 02101/2004 17 03/01/2004 18 04/01/2004 19 05/01/2004 2004 Totals Grand Totals Payment 0.00 0.00 41, 000.00 0.00 0.00 0.00 0.00 • 0.00 0.00 41,000.00 Interest 14,535.88 14,608.56 157,917.72 14,681.60 14,755.01 14,828.79 14,902.93 14,977.44 74,145.77 232,063.49 Principal 14,535.88- 14,608.56- 116, 917.72- 14,681.60- 14,755.01- 14,828.79- 14, 902.93- 14,977.44- 74,145.77- --Balance 2,921,711.92 2,936,320.48 191,063.49- 2,951,002.08 2,965,757.09 2,980,585.88 2,995,488.81 3,010,466.25 B-9 pie( 37/03 LOUSE TRUCKING )ECEMBER 31, 2002 'LOUSE-SVT LANCASTER DIVISION SALE RECONCILIATION eceivable Balance calculation per Unadjusted Trial Balance nvoice # Date Description Amount • 5041 06/10/2002 2 new recaps for TRL 448 $ 191.40 9-911 -1 4695 07/11/2002 6113102 Payroll and Withholdings 37,976.60 6-91' ,4696 07/11/2002 6/20/02 Payroll and Withholdings 38,874.53 B-91/ 4697 07/11/2002 6/20/02 Payroll and Withholdings 37,341.71 t?-yh ,4698 07/11/2002 715102 Payroll and Withholdings 37,280.05 t?-M ,4699 07/11/2002 7111102 Payroll and Withholdings 39,563.53 1 "411 .4709 07/12/2002 Administrative fee assessed by Clouse for Payroll 1,031.69 3'91'-' ,4707 07/1212002 Charge SVT for lubricants billed to Clouse 3,020.5513-9/1 4717 07/1812002 7/18/02 Payroll and Withholdings 37,006.96 B- N1 4722 07/25/2002 7/25/02 Payroll and Withholdings 36,370.04 t3-411 4705 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 2,329.62 4- 91' -' 4706 07/12/2002 Charge SVT for payment of Diesel fuel paid by Clouse 1,756.88`//'-I 4710 07112/2002 Pink Soap - 5 gallons Q $1.33/16. 13.3013-91' -1 4713 07/16/2002 Charge SVT for use of Clouse Trucking's turnpike card (6/1/02 - 6130/02) 4,226.55e--Ill - 4714 07117/2002 Charge SVT for telephone billing paid by Clouse 186.440- ". 1751 08/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (711/02-7130102) 5,281.70(3-71" 1 1756 08/20/2002 7800 Gallons of Diesel Fuel 10,185.540- 1'I 1755 08/20/2002 Administrative fee assessed by Clouse for Payroll 479.71121 -`t/' -' 1753 08/20/2002 Charge SVT for payment of Diesel fuel paid by Clouse 2,902.64G' `Vi - 1754 08/20/2002 Charge SVT for revenue received for Hamer pickup & delivery 6,048.99•'- 765 09/05/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees 1,109.09'%"]h " I 764 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 9,000.00.1- C'?I' 767 09/09/2002 Charge SVT for Diesel Fuel purchased in Clouse Trucking's name for SVT employees 154.62 1,-9/1 - I 802 09/19/2002 Purchase of Mack Truck (JM003676) for SVT 20,000.0013-1/1 -1 807 09/23/2002 Repairs incorrectly billed to Clouse PAID CK 1968 BALANCE PER UNADJUSTED TRIAL BALANCE 332,33214 B-9/1 items not picked up by Clouse Trucking that should have been picked up: [)ice # Date Description Amount 700 07/12/2002 7800 Gallons of Diesel Fuel 39,266.49 t, - 756 08/20/2002 42 Gallons of Diesel Fuel 53.34 769 09/10/2002 Charge SVT for Trailer Plates 98,932.93 776 09/12/2002 Charge SVT for use of Clouse Trucking's turnpike card (8/1/02-8/31/02) 4,334.85 t 16 10101/2002 Cell Phone Charges 409.06 ;14 10/01/2002 Backhauls form East Earl to Carlisle 6,372.95 131 10/23/2002 Backhauls by Shew to Holly 1,650.00 TOTAL ADDITIONAL INVOICES TO ADD TO RECEIVABLE BALANCE 151,019.62 i (F items that should not have been picked u h Clouse Trit kL : ice # Date Description Amount 64 09/05/2002 Charge SVT for Blue Ball facility rent for July 2002, August 2002, & September 2002 (9,000.00) iA'. ADJUSTED RECEIVABLE BALANCE FROM INVOICES ADD SALES PRICE OF LANCASTER DIVISION BALANCE LESS PRINCIPAL REDUCTION ON NOTE RECEIVABLE NOTE((RECF1Viv9LE BALANCE: AT 12131J02 rrl?'?IKJ T7CM (')U1s 11tE Us.d n0 :a _t esw-..,mz-ouo,r.rouse-svr ar?nIinnr,"... -. _?l- - •,- -.•_ (P ll fG i j 1:r_crr,; 474,351.76 2,500,000.00 I? 2,974,351.76 E 154,949.00)'== $ 2,819,402.76 FTH ES\ DATA FILDGeneraIRCurt-04Q L J. pmscryc CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW PRAECIPE AND NOW, comes the counsel for the parties to the above referenced action at the direction of their clients and submit this Praecipe to this Court, and the attached draft Order noting that the case is settled and discontinued in accordance with the terms and conditions of the Agreement appended to the Order. MARTSON T)FnurinDCT """ TAMS & OTTO Date: > L l 541 Court Street Reading, PA 19601 Date: Attorney for Defendants EXHIBIT "C" CLOUSE TRUCKING, INC. J. EDWARD CLOUSE 4&- Bulk Milk Transporting 2075 Ritner Highway CARUSLE, PENNSYLVANIA 17013 October 7. 2004 TO: DAVID FITZSJMONS FROM: J. EDWARD CLOLJSE TRAILERS CLOUSE9 425 1WOP8212281025727 425 630 1WV82122C1025728 430 588 1W9P82121C1025901 588 424 1WDP8212381025168 424 436 1W9P8212001026393 436 TRACTORS CLOUSE* 101 2M2N188YBJC020669 28 6 1 M2AA13Y4RW028446 137 52 1M1AA13Y%W113004 62 17 1 MIMY2GA016048 61 9 1MIAAlBY31W138342 144 Exhibit "D" Tfthorres: 717 249.2418 717 249-4M 717 2464234 CERTIFICATE OF SERVICE I, Michael J. Collins, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Reopen Judgment and Correct Docket Entry Pursuant to Cumberland County Local Rule 501 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Representing Defendants Susquehanna Valley Transport, LLC 5085 Old Philadelphia Pike Kinzers, Pennsylvania 17535 MARTSON DEARDORFF WILLIAMS & OTTO By L (,it'v?x, Carl C. Risch, Esquire, -? J Attorney I.D. No. 75901 Michael J. Collins, Esquire Attorney I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 2, 2006 Attorneys for Plaintiff ??l ( i ?il .? ^*l 't -r {?? nZ( ... ..?? ..r'. ,.'7 ?_ l {^J ?.,?-.'? =? '..fiz i r t! ?. C-< CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF O CUMBERLAND COUNTY NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, on this 114- day of t-r L • , 2006, upon consideration of the Plaintiff s Petition to Reopen Judgment and Correct Docket Entry Pursuant to Cumberland County Local Rule 501, a Rule is issued upon the Defendant, Susquehanna Valley Transport, LLC, to show cause, if any it has, why Clouse Trucking, Inc.'s judgement against Susquehanna Valley Transport should not be reopened in accordance with the Settlement Agreement and the Docket be amended to reflect that change. Rule returnable in ?, 0 days. BY THE COURT, J. t A {'s'3Z ?1?- Shawn P. Quinnan, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 P. 0. Box 987 Valley Forge, PA 19482 Attorney Identification Number 59054 Ph: (610) 983-3820 Fax: (610) 983-3552 e-mail: ouinnanl Colcomcast.net Attorney for Defendants CLOUSE TRUCKING, INC. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER Defendants NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Susquehanna Valley Transport, LLC, Phillip L. Weaver and Joan S. Weaver in the above captioned matter. Shawn Q finnan, Esquire me r Defendants ?a ?, ? _ _. w P'.\FILES\DATAEILE\Gene ahCurtenp3491 4mIeab olmewpd tread. 1/19/06 4.56PM Revised 318/06 0.08PM r CLOUSE TRUCKING, INC., Plaintiff v SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE. AND NOW, comes the Clouse Trucking, Inc., by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully represents as follows: 1. The Petitioner, Clouse Trucking, Inc., is a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business at 2075 Rimer Highway, Carlisle, PA (hereinafter "Petitioner"). 2. The Respondent, Susquehanna Valley Transport, LLC, is a limited liability corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535 (hereinafter referred to as "SVT"). 3. On February 2, 2006, Petitioner filed a Petition to Reopen Judgment and Correct Docket Entry Pursuant to Cumberland County Local Rule 501. 4. On February 8, 2006, this Court issued a Rule to Show Cause, affording SVT twenty (20) days to file a response. (Order of the Court, February 8, 2006). 5. To date, SVT has not filed a response with the Court. WHEREFORE, Petitioner, Clouse Trucking, Inc., prays this Court make the Rule it issued on February 8, 2006, absolute and reopen judgment against Susquehanna Valley Transport, LLC, in accordance with the settlement agreement confirmed by Order of the Court issued on November 22, 2004, and direct the Prothonotary to adjust the Docket pursuant Cumberland County Local Rule 501 to reflect that change. MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire Attorney I.D. No. 75901 Michael J. Collins, Esquire Attorney I.D. No. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 2, 2006 Attorneys for Plaintiff CERTIFICATE OF SERVICE 1, Michael J. Collins, an authorized agent for Martson DeardorffWilliams& Otto, hereby certify that a copy of the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quitman, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 Valley Forge, PA 19482 Attorney for Defendant SVT Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Attorneys for Individual Defendants MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire Attorney I.D. No. 75901 Michael J. Collins, Esquire Attorney I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 2, 2006 Attorneys for Plaintiff _? F:\ FILES\DATAFILE\Ge ml\Cunent\3491-4 Stipulation Created. 2/8/06 I I.08AM Revised'. 2Y23/06 1159AM CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2004-1943 CIVIL TERM CIVIL ACTION - LAW STIPULATION The parties hereto, acting by and through their attorneys of record, request the Court grant Plaintiff's Petition to Reopen Judgment and Correct Docket Entry Pursuant to Cumberland County Local Rule 501. MARTSON, DEARDORFF, WILLIAAMS & OTTO By Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff Date: Z-z3-0G LAW OFFICE OF SHAWN P. By Shan P. wnn ,Esquire 1220 a ley orge Road, Suite 27 Valley Forge, PA 19482 (610) 983-3820 Attorney for Defendant Date: `31314; ,. F,cCr-1VED NEAR 0 3 CLOUSE TRUCKING, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY V. SUSQUEHANNA VALLEY NO, 2004-1943 CIVIL TERM TRANSPORT, LLC, AND CIVIL ACTION - LAW PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants ORDER OF THE COURT ANDNOW,onthis _X-, day of. 1t yjtL_ 2006, upon consideration ofthe Plaintiffs Petition to Reopen Judgment and Correct Docket Entry Pursuant to Cumberland County Local Rule 501, the Rule issued on February S, 2006, is hereby made absolute, Petitioner's judgment against Susquehanna Valley Transport, LLC, is reopened in accordance with the settlement agreement confirmed by Order of the Court issued on November 22, 2004, and the Prothonotary is directed to adjust the Docket accordingly pursuant to Cumberland County Local Rule 501 to reflect that change. BY THE COURT, Wesley Oler, Jr. l? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1943 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Lancaster COUNTY: To satisfy the debt, interest and costs due Clouse Trucking, Inc. Plaintiff (s) From Susquehanna Valley Transport, LLC 5085 Old Philadelphia Pike MnzerSPA 17535 (1) You are directed to levy upon the property of the defendant (s)and to sell The property to execute against is currently being held at the following address: 2075 Ritner Highway, Carlisle, PA (2) 17013 (a) 1981 Walker trailer with VIN 1W9P82028B1025166 (b) 1982 Brenner trailer with VIN 3928 (c) 1987 Brenner trailer with VIN 10BA26229HF008618 (d) 1985 Walker trailer with VIN 1W9P82122F1027502 (e) 1983 Chevy pickup with VIN 1GCCS14B5D2129550 (3) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due L.L.$.50 Interest Atty's Comm % Arty Paid $214.00 Plaintiff Paid Due Prothy $1.00 Other Costs Date: January 16, 2007 (Seal) REQUESTING PARTY: Name Michael J. Collins, Esq. Martson Deardorff Williams & Otto Address: Ten East High St. Carlisle, PA 17013 '--I A Attorney for: Plaintiff Telephone: (717)243-3341 Supreme Court ID No. 200427 Carl C. Risch, Esquire Attorney I.D. No. 75901 Michael J. Collins, Esquire Attorney I.D. No. 200427 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - 1943 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Lancaster County; (2) against Susquehanna Valley Transport, LLC, having an address of 5085 Old Philadelphia Pike, Kinzers, PA 17535. (3) index this writ against Susquehanna Valley Transport, LLC, Defendant. (4) the properly to execute against is currently being held at the following address: 2075 Ritner Highway, Carlisle, PA 17013. (5) you may use the following description of the subject personal property in your writ of execution to the sheriff. (a) 1981 Walker trailer with VIN 1 W9P82028B 1025166 (b) 1982 Brenner trailer with VIN 3928 (c) 1987 Brenner trailer with VIN I OBA26229HF008618 (d) 1985 Walker trailer with VIN 1 W9P82122F1027502 (e) 1983 Chevy pickup with VIN 1 GCCS 14135D2129550 MARTSON DEARDORFF WILLIAMS & OTTO BY s Carl C. Risch, Esquir Michael J. Collins, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 10, 2007 Attorneys for Plaintiff F:\FILES\DATAFILE\General\Cutrent\3491.4. pra. writ.4 ? a 1 O a ?J t" ? b O 4 ?c?aac? • ? e 1 1 7 , _r `-All 1 V no- n Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1943 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Susquehanna Valley Transport, LLC, Defendant, having an address of 5085 Old Philadelphia Pike, Kinzers, PA 17535; and (3) against Clouse Trucking, Inc., Garnishee; (4) and enter this writ in the judgment index against Susquehanna Valley Transport, LLC, Defendant, and Clouse Trucking, Inc., Garnishee, and (5) execute against the personal property currently held at Garnishee's address of 2075 Ritner Highway, Carlisle, Pennsylvania 17013, which consists of the following personal property: (a) 1981 Walker trailer with VIN 1 W9P82028B1025166 (b) 1982 Brenner trailer with VIN 3928 (c) 1987 Brenner trailer with VIN I OBA26229HF008618 (d) 1985 Walker trailer with VIN 1 W9P82122F1027502 MARTSON LAW OFFICES By C44a < /-- Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 1, 2008 Attorneys for Plaintiff F: \FILES\Clients\3491 \3491.4. pra. writ. exe3 CERTIFICATE OF SERVICE I, Christopher E. Rice, Esquire, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Reissue Writ of Execution was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Representing Defendants Susquehanna Valley Transport, LLC 5085 Old Philadelphia Pike Kinzers, Pennsylvania 17535 MARTSON LAW OFFICES By 0 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 1, 2008 Attorneys for Plaintiff N ca ril s 1 c,5 [ S = - CO Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1943 CIVIL TERM CIVIL ACTION - LAW AMENDED PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Susquehanna Valley Transport, LLC, Defendant, having an address of 5085 Old Philadelphia Pike, Kinzers, PA 17535; and (3) against Clouse Trucking, Inc., Garnishee; (4) The amount due $2,500,000.00 Interest from April 30, 2004, at the rate of $410.96 per day $ Costs to be added $ Total $ (5) and enter this writ in the judgment index against Susquehanna Valley Transport, LLC, Defendant, and Clouse Trucking, Inc., Garnishee, and -1 (6) execute against the personal property currently held at Garnishee's address of 2075 Ritner Highway, Carlisle, Pennsylvania 17013, which consists of the following personal property: (a) 1981 Walker trailer with VIN I W91`82028131025166 (b) 1982 Brenner trailer with VIN 3928 (c) 1987 Brenner trailer with VIN l OBA26229HF008618 (d) 1985 Walker trailer with VIN 1 W91`82122F1027502 * To be determined by the Sheriff of Cumberland County. MARTSON LAW OFFICES B (j4llf ? f'e-' Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 6, 2008 Attorneys for Plaintiff F:TII.EST Tents\3491\3491.4.pmmrit.exe3 CERTIFICATE OF SERVICE I, Christopher E. Rice, Esquire, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Reissue Writ of Execution was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Representing Defendants Susquehanna Valley Transport, LLC 5085 Old Philadelphia Pike Kinzers, Pennsylvania 17535 MARTSON LAW OFFICES By 0,'?e4e? Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 6, 2008 Attorneys for Plaintiff ewz c _? r L ? d ? R d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-1943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CLOUSE TRUCKING, INC Plaintiff (s) From SUSQUEHANNA VALLEY TRANSPORT, LLC, 5085 OLD PHILADELPHIA PIKE, KINZERS, PA 17535 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CLOUSE TRUCKING INC, 2075 RITNER HIGHWAY, CARLISLE, PA 17013 GARNISHEE(S) as follows: (A) 1981 WALKER TRAILER WITH VIN 1W91`82028111025166 (B) 1982 BRENNER TRAILER WITH VIN 3928 (C) 1987 BRENNER TRAILER WITH VIN 10BA26229HF008618 (D) 1985 WALKER TRAILER WITH VIN 1W9P82122F1027502 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,500,000.00 L.L.$.50 Interest FROM APRIL 30, 2004 AT THE RATE OF $410.96 PER DAY Atty's Comm % Atty Paid $214.00 Plaintiff Paid Due Prothy $2.00 Other Costs$.50 DUE GARNISHEE Date: FEBRUARY 6, 2008 (Seal) Curtis ong, Proth ary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01943 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CLOUSE TRUCKING INC VS SUSQUEHANNA VALLEY TRANS ET AL And now GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0015:25 Hours, on the 14th day of February , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the SUSQUEHANNA VALLEY TRANSPORT LLC hands, possession, or control of the within named Garnishee CLOUSE TRUCKING 2075 RITNER HIGHWAY CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHARON KELSO (SECRETARY) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing .00 Service .00 ter; t' Affidavit .00 Surcharge .00 R. Thomas Kline .00 S riff of Cumberland County .00 ? .i/a ??? S? 02/20/2008 By Sworn and Subscribed to before me eputy S riff this Day of , A. D. Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - 1943 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Christopher E. Rice, attorney for PlaintifFGarnishee Clouse Trucking, Inc., certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON LAW OFFICES Date: 3D- d Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff/Garnishee F: \FILES\Clients\3491 \3491.4. sub. notice Created: 12/22/97 10 14:24 AM Revised: 04/04/08 01 55:14 PM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - 1943 CIVIL TERM CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff/Garnishee, Clouse Trucking, Inc., intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON LAW OFFICES -4? C By Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date:- 7 ' 0 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILIP L. WEAVER and JOAN S. WEAVER, Defendants File No. 04 - 1943 CLOUSE TRUCKING, INC., Garnishee SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Pennsylvania Department of Transportation, Vehicle Division TO: 3rd Floor, Riverfront Office Center, Harrisburg, PA 17120 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of vehicle registrations and titles for the following: 1981 Walker trailer VIN 1W9P82028B1025166 1987 Brenner trailer VIN 1ORA2622914FnnA61A 1982 Brenner trailer VIN 3928 1985 Walker trailer VIN 1W9P82122F1027502 at 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Christopher E. Rice, Esquire ADDRESS: Martson Law Offices TELEPHONE: (717) 43-1341 SUPREME COURT ID # 90916 ATTORNEY FOR: Plaintiff/Garnishee BY THE COURT: 15/ Prothonotary, Civil Divisi n Date: C, 4/ acr /S ye`' Seal of the Court Dept-y-- e ty / CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Certificate Prerequisite to Service of a Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Representing Defendants Susquehanna Valley Transport, LLC 5085 Old Philadelphia Pike Kinzers, Pennsylvania 17535 MARTSON LAW OFFICES B Y /C , 0-'t? M Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 30, 2008 Attorneys for Plaintiff ?' ?, r? t_ "'+ ?a _t 2 ?- ? T? ._ { {'t1 1 ?rrr+? ' t`? } R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Thursday July 17, 2008, at which time the personal property of Susquehanna Valley Transport, LLC, was sold to, Clouse Trucking, Inc, of, 2075 Ritner Highway, Carlisle, PA 17013 for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday July 17, 2008 at, 3:00 P.M.E.D.S.T., at, 2075 Ritner Highway, Carlisle, PA 17013. Sheriff's Costs: Docketing $ 18.00 Possession TOTAL $ 131.89 ? ul ? t4o r Poundage 2.59 Advertising 10.00 Law Library .50 Prothonotary 2.00 Milage 19.80 Surcharge 30.00 Levy 40.00 Post Pone Sale Garnishee 9.00 So Answers- R. Thomas Kline, eriff w F-rC _ 04 '1 d L- 93J 9001 Vd AINriG ? JJl2l3NS .: 11 j0 301-i p WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-1943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CLOUSE TRUCKING, INC Plaintiff (s) From SUSQUEHANNA VALLEY TRANSPORT, LLC, 5085 OLD PHILADELPHIA PIKE, KINZERS, PA 17535 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CLOUSE TRUCKING INC, 2075 RITNER HIGHWAY, CARLISLE, PA 17013 GARNISHEE(S) as follows: (A) 1981 WALKER TRAILER WITH VIN 1W9P82028B1025166 (B) 1982 BRENNER TRAILER WITH VIN 3928 , (C) 1987 BRENNER TRAILER WITH VIN 10BA26229HF008618 ' (D) 1985 WALKER TRAILER WITH VIN 1 W9P82122F1027502 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,500,000.00 L.L.$.50 Interest FROM APRIL 30, 2004 AT THE RATE OF $410.96 PER DAY Atty's Comm % Atty Paid $214.00 Plaintiff Paid Date: FEBRUARY 6, 2008 (Seal) Due Prothy $2.00 Other Costs$.50 DUE GARNISHEE Curtis r.-Lon g, Pro By: Deputy REQUESTING PARTY: Name CHRISTOPHER E RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2008-0916 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON THURSDAY THE 17TH DAY OF JULY 2008 AT 3:00 P.M., THE PROPERTY OF SUSQUEHANNA VALLEY TRANSPORT, LLC, LOCATED AT: CLOUSE TRUCKING, INC., AT, 2075 RITNER HIGHWAY, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: 1981 WALKER TRAILER VIN. NO. IW9P82028B1025166 1982 BRENNER TRAILER VIN. NO. 3928 1983 BRENNER TRAILER VIN. NO. IOBAW5226DF006628 1985 WALKER TRAILER VIN. NO. IW9P82122F1027502 ?? ? 1987 BRENNER TRAILER VIN. NO. IOBA?6229HF008618 X (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 22ND DAY OF JULY 2008 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF SUSQUEHANNA VALLEY TRANSPORT, LLC, LOCATED AT: 2075 RITNER HIGHWAY, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED DC 6 6 ii ;z-s'a CUMBERLAND C UNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of, Susquehanna Valley Transport, LLC, to Clouse Trucking, Inc., of, 2075 Ritner Highway, Carlisle, Pennsylvania 17013 for the sum of $1.00, it being the highest bid and price quoted for the same. Date and Time of sale, Thursday, July 17, 2008, at, 3:00 P.M.E.D.S.T., at, 2075 Ritner Highway, Carlisle, Cumberland County Pennsylvania. So Answ . Thomas me , SheriffNOTARIAL SEAL By /? \ &Lba_t otary Public FAFILES\Clients13491 Clouse\3491.4.Pet.Atnend.Sherifs.return Created: 9/20104 0:06PM Revised: 5/5/09 2:14PM Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners CLOUSE TRUCKING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 1943 CIVIL TERM SUSQUEHANNA VALLEY TRANSPORT, LLC, AND CIVIL ACTION -LAW PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee PETITION TO DIRECT SHERIFF'S OFFICE TO AMEND A RETURN AND NOW comes Petitioner, Clouse Trucking, Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and aver as follows: 1. Petitioner is a Pennsylvania corporation with a principal place of business at 2075 Ritner Highway, Carlisle, Pennsylvania 17013. 2. On July 17, 2008, the Cumberland County Sheriff executed the Petitioner's judgment in this case against four (4) trailers owned by Defendant Susquehanna Valley Transport, LLC. 3. At that sheriff's sale, Petitioner purchased all four (4) trailers. A true and correct copy of the Sheriff's Return for such sale is attached and incorporated herein by reference as Exhibit "A." 4. Item (B) on the Sheriff's Return states that one of the trailers sold was a 1982 Brenner, with a Vehicle Identification Number (VIN) of 3928 (hereinafter, the "Trailer") 5. Before the sheriff's sale, but after the writ of execution was filed, it was discovered that the Trailer listed under item (B) on the Sheriff's Return was in fact a 1983 Brenner, and had a VIN of IOBAW5226DF006628. 6. The Trailer listed under item (B) of the sheriff's return and the trailer purchased by Petitioner at the July 17, 2008, sheriff's sale are one and the same. 7. The Petitioner hereby avers that the year and VIN currently listed under item (B) of the Sheriff's Return is incorrect, and that the correct year and VIN is as listed in paragraph 5 above. 8. Petitioner is unable to register the Trailer with the Pennsylvania Department of Transportation unless the year and VIN are corrected. 9. As Petitioner's judgment was lawfully executed on July 17, 2008, and Petitioner has obtained valid title to the Trailer therefrom, the concurrence of Defendant Susquehanna Valley Transport, LLC, is not required herein. 10. The Cumberland County Sheriff's Office has refused to make the changes without court approval, and has been made aware of this Petition. 11. The Honorable Judge Oler has been previously assigned to this case. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner relief by directing the Cumberland County Sheriff's Office to file an amended return with the Prothonotary's Office for the sheriff's sale which occurred on July 17, 2008, in the above captioned case, therein correcting the year and VIN of the trailer listed under item (B) on the Sheriff's Return to reflect the following: 1983 BRENNER TRAILER WITH VIN IOBAW5226DF006628. MARTSON LAW OFFICES By ? <- e_ Christopher E. Rice, Esquire I.D. Number 90916 Jacob M. Theis, Esquire I.D. Number 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: .S- .5-" O/ Attorneys far Petitioners VERIFICATION I, the undersigned, certify that the foregoing Petition is based upon information which has been gathered by my counsel. The language contained therein is that of counsel and not my own. I have read the document and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. J. Edward Clouse, President Clouse Trucking, Inc. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quinnan, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 Valley Forge, PA 19482 Attorney for Defendant SVT Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Attorneys for Individual Defendants MARTSON LAW OFFICES By: M Price Ten It High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1 / 3 ; L7 q Attorneys for Plaintiff RLE)-OFFM OF TFE PROITiMfARY ZU9 MAY -6 AM 9: 55 C BE AND WUNiY PEWWW A .j a CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILLIP L. WEAVER and JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1943 CIVIL TERM PETITION TO DIRECT SHERIFF'S OFFICE TO AMEND A RETURN ORDER OF COURT AND NOW, this 8 h day of May, 2009, upon consideration of Plaintiff s Petition to Direct Sheriffs Office To Amend a Return, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF shall be responsible for effecting service of the rule. Christopher E. Rice, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, s I_ . VIP k bQfll Y-I ? . ]w Shawn Quinnan, Esq. The Commons at Valley Forge 1220 Valley Forge Road Suite 27 Valley Forge, PA 19482 Attorney for Defendant Susquehanna Valley Transport, LLC Case, DiGiamberardino & Lutz 255 Butler Avenue Suite 102 Lancaster, PA 17601 Attorneys for Defendants Phillip L. Weaver and John S. Weaver :rc ?'O c Es M.? t P s?r?l?9 F:\FILES\Clients\3491 Clouse\3491.4.Pet.Atnend.ShetitTs.retwn Created: 9/20/04 0:06PM Revised: 5/5/09 2:14PM Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners CLOUSE TRUCKING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE TRUCKING, INC., Garnishee NO. 04 - 1943 CIVIL TERM CIVIL ACTION -LAW PETITION TO DIRECT SHERIFF'S OFFICE TO AMEND A RETURN AND NOW comes Petitioner, Clouse Trucking, Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and aver as follows: 1. Petitioner is a Pennsylvania corporation with a principal place of business at 2075 Ritner Highway, Carlisle, Pennsylvania 17013. 2. On July 17, 2008, the Cumberland County Sheriff executed the Petitioner's judgment in this case against four (4) trailers owned by Defendant Susquehanna Valley Transport, LLC. 3. At that sheriff's sale, Petitioner purchased all four (4) trailers. A true and correct copy of the Sheriff's Return for such sale is attached and incorporated herein by reference as Exhibit "A." 4. Item (B) on the Sheriffs Return states that one of the trailers sold was a 1982 Brenner, with a Vehicle Identification Number (VIN) of 3928 (hereinafter, the "Trailer"). 5. Before the sheriff's sale, but after the writ of execution was filed, it was discovered that the Trailer listed under item (B) on the Sheriff's Return was in fact a 1983 Brenner, and had a VIN of 10BAW5226DF006628. 6. The Trailer listed under item (B) of the sheriff's return and the trailer purchased by Petitioner at the July 17, 2008, sheriff's sale are one and the same. 7. The Petitioner hereby avers that the year and VIN currently listed under item (B) of the Sheriff's Return is incorrect, and that the correct year and VIN is as listed in paragraph 5 above. 8. Petitioner is unable to register the Trailer with the Pennsylvania Department of Transportation unless the year and VIN are corrected. 9. As Petitioner's judgment was lawfully executed on July 17, 2008, and Petitioner has obtained valid title to the Trailer therefrom, the concurrence of Defendant Susquehanna Valley Transport, LLC, is not required herein. 10. The Cumberland County Sheriff's Office has refused to make the changes without court approval, and has been made aware of this Petition. 11. The Honorable Judge Oler has been previously assigned to this case. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner relief by directing the Cumberland County Sheriff's Office to file an amended return with the Prothonotary's Office for the sheriff's sale which occurred on July 17, 2008, in the above captioned case, therein correcting the year and VIN of the trailer listed under item (B) on the Sheriff's Return to reflect the following: 1983 BRENNER TRAILER WITH VIN 10BAW5226DF006628. MARTSON LAW OFFICES By - e Christopher E. Rice, Esquire I.D. Number 90916 Date: 5- 5- - Of Jacob M. Theis, Esquire I.D. Number 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners „! . 1% VERIFICATION I, the undersigned, certify that the foregoing Petition is based upon information which has been gathered by my counsel. The language contained therein is that of counsel and not my own. I have read the document and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. '&'?Oze o J. Edward Clouse, President Clouse Trucking, Inc. , , $ CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quinnan, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 Valley Forge, PA 19482 Attorney for Defendant SVT Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Attorneys for Individual Defendants MARTSON LAW OFFICES By: Vj, M Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: ,5 / S? 9 Attorneys for Plaintiff T4+, 209 MA Y -6 AN 9: 55 CLUBERf P6? /4 F:1FUES\Ctimb\3491 Cbuw\3491.4.Pet.AmrndSherif s.t kWxohrte Crated: 9/20/04 0:06PM RevW& 6/2/09 7:12PM Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, AND PHILLIP L. WEAVER AND JOAN S. WEAVER, Defendants CLOUSE. TRUCKING, INC., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1943 CIVIL TERM CIVIL ACTION -LAW PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Clouse Trucking, Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and aver as follows: 1. Petitioner is a Pennsylvania corporation with a principal place of business at 2075 Ritner Highway, Carlisle, Pennsylvania 17013. 2. The Respondent, Susquehanna Valley Transport, LLC, is a limited liability corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 5085 Old Philadelphia Pike, Kinzers, Pennsylvania 17535. 3. On May 6, 2009, Petitioner filed a Petition to Direct Sheriffs Office to Amend a Return, averring therein that a Sheriffs Return following an execution sale in the this matter was filed with an incorrect Vehicle Identification Number and Model Year, and seeking a correction of the same. 4. On May 8, 2009, the Honorable Judge Oler issued an Order containing a Rule Returnable within 20 days of service. A true and correct copy of said order is attached hereto as Exhibit "A." 5. Petitioner served copies of the said order upon all parties on May 12, 2009. 6. To date, there have been no responses to Plaintiffs Petition to Direct Sheriff s Office to Amend a Return, nor has Plaintiffs counsel been advised as to when the same may be expected. WHEREFORE, Petitioner respectfully requests that this Honorable Court make absolute the rule it issued on May 8, 2009, thereby directing the Cumberland County Sheriffs Office to file an amended return with the Prothonotary's Office for the sheriffs sale which occurred on July 17, 2008, in the above captioned case, therein correcting the year and VIN of the trailer listed under item (B) on the Sheriffs Return to reflect the following: 1983 BRENNER TRAILER WITH VIN l OBAW5226DF006628. MARTSON LAW OFFICES Date: 6-3-01 '?'4 By elk , ,t C le- Christopher E. Rice, Esquire I.D. Number 90916 Jacob M. Theis, Esquire I.D. Number 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Exhibit "A" CLOUSE TRUCKING, INC., Plaintiff V. SUSQUEHANNA VALLEY TRANSPORT, LLC, and PHILLIP L. WEAVER and JOAN S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1943 CIVIL TERM PETITION TO DIRECT SHERIFF'S OFFICE TO AMEND A RETURN ORDER OF COURT AND NOW, this 8 h day of May, 2009, upon consideration of Plaintiff's Petition to Direct Sheriffs Office To Amend a Return, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF shall be responsible for effecting service of the rule. C stopher E. Rice, Esq. en East High Street Carlisle, PA 17013 Attorney for Plaintiff TW cam.".,:, rf" s i ad jg? vt a* a +, s' pa BY THE COURT, Shawn Quinnan, Esq. The Commons at Valley Forge 1220 Valley Forge Road Suite 27 Valley Forge, PA 19482 Attorney for Defendant Susquehanna Valley Transport, LLC Case, DiGiamberardino & Lutz 255 Butler Avenue Suite 102 Lancaster, PA 17601 Attorneys for Defendants Phillip L. Weaver and John S. Weaver :rc CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn P. Quinnan, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 Valley Forge, PA 19482 Attorney for Defendant SVT Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Attorneys for Individual Defendants MARTSON LAW OFFICES By: nw) , M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: a/'f/o9 Attorneys for Plaintiff OF 4FO,9&FARY 2N9 JUN -4 AN 11: 55 ll?- VAgA JUN 0 5 2009 6, CLOUSE TRUCKING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 1943 CIVIL TERM SUSQUEHANNA VALLEY TRANSPORT, LLC, AND CIVIL ACTION -LAW PHILLIP L. WEAVER AND JOAN S. WEAVER, ; Defendants : CLOUSE TRUCKING, INC., Garnishee ORDER AND NOW, this day of T co -, e- , 2009, upon consideration of Petitioners' PETITION TO DIRECT SHERIFFS' OFFICE TO AMEND A RETURN, the Rule issued by the Court on May 8, 2009, is hereby made absolute, and it is ORDERED that the Cumberland County Sheriff's Office will file an amended return with the Prothonotary's Office for the sheriff's sale which occurred on July 17, 2008, in the above captioned case, therein correcting the year and VIN of the trailer listed under item (B) on the Sheriff s Return to reflect the following: 1983 BRENNER TRAILER WITH VIN IOBAW5226DF006628. Date: Distribution: ,Shawn P. Quinnan, Esquire The Commons at Valley Forge 1220 Valley Forge Road, Suite 27 Valley Forge, PA 19482 Attorney for Defendant SVT CT t'fs eYjAAL£CC 1?Q/o q ?"ry1 _,_?Case, DiGiamberardino & Lutz 255 Butler Ave, Suite 102 Lancaster, PA 17601 Attorneys for Individual Defendants FILED--YFICE OF THE PF,.,Tpc)?lO:ARY 2009 JUN --9 AM I I * 38 cu P ? FysYLM- A NO I rtAu na I nc vs. Zug ue-hanw- \/h IeO7irun r+ LLO . In the Court of Common Pleas of Cumberland County, Pennsylvania No. o?DOq-/9q,3 Civil. 19 To Prothonotary 19 a Attorney for Plaintiff Term. 19 _...--•.--- No. r t v vs. PKAECIPE 19 ----- Filed Atty.