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Home My WebLink About12-6819IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMEGY BANK NATIONAL. ASSOCIATION as Agent, 4400 Post Oak Parkway, 4th Floor Houston, Texas 770027 Plaintiff V. NO. Ian -(Po'9 STRYKER ENERGY, LLC 6690 Beta Drive, Suite 214 Mayfield, Ohio 44143 Defendant. PRAECIPE TO TRANSFER JUDGMENT To the Prothonotary: Pursuant to Pennsylvania Rule of Civil Procedure 3002 and the Uniform Enforcement of Foreign Judgments Act, 42 Pa. C.S. § 4306, kindly enter judgment against Stryker Energy, LLC, in accordance with the attached exemplified copy of judgment in the case styled Amegy Bank National Association as Agent v. Stryker Energy LLC, Civil Action, Case No. 4:12-CV-01815, United States District Court, Southern District of Texas, Houston Division, and index said judgment against Stryker Energy, LLC. Kindly assess damages in the principal sum of $18,245,069.18; plus unpaid, accrued interest of $392,941.96 as of June 14, 2012; plus the sum of $4,054.46 per day, in accordance with the contractual agreement between Plaintiff and Defendant, for each day subsequent to June 14, 2012 until this Judgment has been fully paid. F , a? ?e'33.Sb?c1 a Cl?tk 1?9l?ll0 ?Aai? Dated: November ? , 2012 By: drew J. Flame Attorney I.D. No. 69673 Drinker Biddle & Reath LLP One Logan Square, Ste. 2000 Philadelphia, PA 19103-6996 (215)988-2700/Telephone (215)988-2757/Fax andrew.flame@dbr.com Attorneys for Plaintiff Amegy Bank National Association as Agent Praecipe to Transfer Judgment--Amegy Bank National Association as Agent v. Stryker Energy, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMEGY BANK NATIONAL ASSOCIATION as Agent, Plaintiff V. STRYKER ENERGY, LLC Defendant. RULE 236 NOTICE NO NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. 7 PROTHONOTARY If you have any questions concerning the above, please contact: Andrew J. Flame Drinker Biddle & Reath LLP One Logan Square, Ste. 2000 Philadelphia, PA 19103-6996 215-988-2700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMEGY BANK NATIONAL ASSOCIATION as Agent, Plaintiff V. NO. STRYKER ENERGY, LLC ! Defendant. AFFIDAVIT OF VALIDITY OF FEDERAL COURT JUDGMENT AND CERTIFICATION OF ADDRESSES Andrew J. Flame, Esquire, being duly sworn according to law, deposes and states that he is the attorney for Plaintiff, Amegy Bank National Association as Agent and he is authorized to make this Affidavit on Plaintiff's behalf, and that, to the best of his knowledge, information, and belief: The name of the judgment debtor is Stryker Energy, LLC. The last known address of the judgment debtor is as follows: Stryker Energy, LLC Attn: Garry Regan, Manager 6690 Beta Drive, Suite 214 Mayfield, Ohio 44143 The name of the judgment creditor is Amegy Bank National Association as Agent. The last known address of the judgment creditor is as follows: Amegy Bank National Association Attn: Brian Duncan, Senior Vice President 4400 Post Oak Parkway, 4th Floor Houston, Texas 77027 The judgment in favor of Plaintiff, Amegy Bank National Association as Agent and against Stryker Energy, LLC in principal sum of $18,245,069.18; plus unpaid, accrued interest of $392,941.96 as of June 14, 2012; plus the sum of $4,054.46 per day, in accordance with the contractual agreement between Plaintiff and Defendant, for each day subsequent to June 14, 2012 until this Judgment has been fully paid in the case styled Amegy Bank National Association as Agent v. Stryker Energy, LLC, Civil Action, Case No. 4:12-CV-01815, United States District Court, Southern District of Texas, Houston Division, is valid, enforceable, and unsatisfied as of this date. Andrew J. Flame Sworn to and subscribed before me this day of November, 201 , & -": ,, / -( /" -" NOTARIAL SEAL RENAY L. WANSER, Notary Public C of Philadelphia, Phila. County Commission Expires July 6, 2014 PHTRANS/ 1289787.1 DC CM/ECF LIVE- US District Court-Texas Southern Page 1 of 2 CLOSED U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:12-cv-01815 Internal Use Only Amegy Bank National Association v. Stryker Energy, LLC Date Filed: 06/18/2012 Assigned to: Judge Kenneth M. Hoyt Date Terminated: 09/11/2012 Cause: 28:1332 Diversity-Breach of Contract Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity Plaintiff Amegy Bank National Association V. Defendant Stryker Energy, LLC represented by Janet Douvas Chafin Jackson Walker LLP 1401 McKinney Ste 1900 Houston, TX 77010 713-752-4230 Fax: 713-308-4108 Email: jchafin@jw.com ATTORNEY TO BE NOTICED represented by Ryan P. Nowlin Schneider, Smeltz, Ranney & LaFond PLL 1111 Superior Avenue East, Suite 1000 Cleveland, OH 44114 216-696-4200 Email: rnowlin@ssrl.com PRO HAC VICE ATTORNEY TO BE NOTICED Date Filed # Docket Text 06/18/2012 1 COMPLAINT against Stryker Energy, LLC (Filing fee $ 350 receipt number 0541-9894771) filed by Amegy Bank National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit 1, # 10 Exhibit J, # 11 Civil Cover Sheet)(Chafin, Janet) (Entered: 06/18/2012) 06/19/2012 2 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the n Z 201- 3r ?', C:.Lr?: 1f Court https://ecf-d.txs.eirc5.dcn/cgi-bin/DktRpt.pl?6177416714*?? 11/2/2012 E•- DC CM/ECF LIVE- US District Court-Texas Southern Page 2 of 2 action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 9/17/2012 at 08:30 AM by telephone before Judge Kenneth M. Hoyt(Signed by Judge Kenneth M. Hoyt) Parties notified. (lfilmore, ) (Entered: 06/19/2012) 07/03/2012 3 CERTIFICATE OF INTERESTED PARTIES by Amegy Bank National Association, filed.(Chafin, Janet) (Entered: 07/03/2012) 07/09/2012 4 Defendant's Agreement to Waive Formal Service of Process, and File an Answer or Appearance by July 23, 2012 by Amegy Bank National Association, filed.(Chafin, Janet) (Entered: 07/09/2012) 07/20/2012 5 MOTION for Extension of Time answer by Stryker Energy, LLC, filed. Motion Docket Date 8/10/2012. (Attachments: # _l_ Proposed Order)(Brown, Robert) (Entered: 07/20/2012) 07/20/2012 6 MOTION for Ryan P. Nowlin to Appear Pro Hac Vice by Stryker Energy, LLC, filed. Motion Docket Date 8/10/2012. (rrusso) (Entered: 07/23/2012) 07/23/2012 7 ORDER granting 5 MOTION for Extension of Time answer ; Answer due for Stryker Energy, LLC 7/27/2012. (Signed by Judge Kenneth M. Hoyt) Parties notified.(bthomas, ) (Entered: 07/24/2012) 07/23/2012 8 ORDER granting 6 Motion to Appear Pro Hac Vice Ryan P. Nowlin.(Signed by Judge Kenneth M. Hoyt) Parties notified.(bthomas, ) (Entered: 07/24/2012) 07/26/2012 9 ANSWER to 1 Complaint, by Stryker Energy, LLC, filed.(Nowlin, Ryan) (Entered: 07/26/2012) 09/07/2012 10 Agreed Final Judgment by Amegy Bank National Association, Stryker Energy, LLC, filed.(Chafin, Janet) (Entered: 09/07/2012) 09/11/2012 11 AGREED FINAL JUDGMENT. (Signed by Judge Kenneth M. Hoyt). Case terminated on 9/10/2012. Parties notified.(bthomas) (Entered: 09/11/2012) https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?617741671479753-L 452_0-1 11/2/2012 United States District Court Southern District of Texas Exemplification Certificate I, the Clerk of Court of the United States Court for the Southern District of Texas, keeper of the records and seal, certify that the attached document filed in case number 4:12cv1815 is a true copy from the records of this Court. In testimony whereof I sign my name and affix the seal of this Court, in this District, at Houston, Texas, on November 1 2012 . Clerk of Cou /? By: CC?(.4d D puty Clerk 1 Kenneth M. Hoyt , a Judicial Officer of this Court, certify that the Clerk of Court was on the date noted, Clerk of this Court, duly appointed and swom, and keeper of the records and seal, and this certificate and the attestation of the records, in accord with the law of the United States. ?. November 1, 2012 Date United States District Judge I, the Clerk of Court of the United States Courts for the Southern District of Texas, keeper of the records and seal, certify that the Honorable Kenneth M. Hoyt was on the date noted, a Judicial Officer of this Court, duly appointed, sworn and qualified, and that I am well acquainted with the Judicial Officer's signature and know and certify the signature is the Judicial Officer's.. In testimony whereof I sign my name and affix the seal of this Court, in this Court, in this District, at Houston, Texas, on November 1 2012 . Clerk of Court By: -Z12?z&) YKZ/Z? De uty Jerk Case 4:12-cv-01815 Document 11 Filed in TXSD on 09/11/12 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AMEGY BANK NATIONAL § ASSOCIATION as Agent § V. § CIVIL ACTION 4:12-CV-01815 STRYKER ENERGY, LLC § AGREED FINAL JUDGMENT All parties in this Civil Action have represented to the Court, as evidenced by their signatures below, their agreement for the entry of this Agreed Final Judgment ("Judgment"). The Parties request that the Court enter this Agreed Final Judgment in favor of Plaintiff against Defendant on Plaintiffs Original Complaint. The Court, having reviewed the pleadings on file, is of the opinion that this Agreed Final Judgment is well taken and should be entered. It is therefore, ORDERED, ADJUDGED and DECREED that Amegy Bank National Association, as Agent ("Plaintiff') shall have and recover from Stryker Energy, LLC ("Defendant") the principal sum of $18,245,069.18; plus unpaid, accrued interest of $392,941.96 as of June 14, 2012; plus the sum of $4,054.46 per day, in accordance with the contractual agreement between Plaintiff and Defendant, for each day subsequent to June 14, 2012, until this Judgment has been fully paid. It is further, ORDERED, ADJUDGED and DECREED that Plaintiff be allowed all such writs and processes as often as may be necessary, including execution, garnishment, sequestration, and all other writs and processes allowed by the laws of the United States, and all applicable laws of each State of the United States, to enable Plaintiff to collect all sums due and owing to Plaintiff by this Judgment. All relief not expressly granted herein is DENIED. This is a final judgment, however, pursuant to the agreement of the parties hereto, as evidenced by their signatures below, no appeal of this Judgment will be sought by any of the parties hereto. &301760v.1 4 .- Signed: September LO, 2012 Kenneth M. Hoyt ' United States District Judge Case 4:12-cv-01815 Document 11 Filed in TXSD on 09/11/12 Page 2 of 3 AGREED AS TO FORM AND SUBSTANCE BY: PLAINTIFF: AMEGY BANK NATIONAL ASSOCIATION, as Ag By. 1 , Brian Duncan, Senior Vice President DEFENDANT: STR R NERGY,LLC By: bw - Garry Reg??)wger Cron{ Judgment; C.A. 4:12-cv-01815 2of3 8301760v.1 Case 4:12-cv-01815 Document 11 Filed in TXSD on 09/11/12 Page 3 of 3 SUBMITTED BY: JACKSON WALKER L.L.P. By: _ls/ Janet D. Chain JANET DOUVAS CHAFIN Texas State Bar No. 02785200 S.D.ID 03500 1401 McKinney Street, Suite 1900 Houston, Texas 77002 Telephone direct: (713) 752-4230 Fax direct: (713) 308-4108 ATTORNEYS FOR PLAINTIFF, AMEGY BANK NATIONAL ASSOCIATION SCHNEIDER, SMELTZ, RANNEY & LAFON P.L.L. By: /sl Ryan R Nowlin RYAN P. NOWLIN Ohio State Bar No. 0079769 Admitted Pro Hac Vice 1111 Superior Ave., Suite 1000 Cleveland, Ohio 44114-2568 Telephone direct: (216) 696-4200 x122 Fax: (216) 696-7303 ATTORNEYS FOR DEFENDANT, STRYKER ENERGY, LLC Final Judgment; C.A. 4:12-cv-01815 3 of 3 8301760v. I