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Home My WebLink About14-6756 Justin G.Weber(PA 89266) ¢`j` 25 3 Tucker R.Hull -306426 f, PEPPER HAMILTON LLP V 100 Market Street, Suite 200 Post Office Box 1181 Harrisburg,PA 17108-1181 (717)255-1155 (717)238-0575 Fax Attorneys for Plaintiff Cleveland Brothers Equipment Co.,Inc. CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 1 � `� S� rV� BC INC. Defendant JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa.R.Civ.P. 3002, please enter on the Judgment Docket of the Court of Common Pleas of Cumberland County, Pennsylvania,judgment in favor of Cleveland Brothers Equipment Co., Inc. and against BC Inc. in the amount of$52,824.93, together with continuing interest of$12.42 per day plus costs of suit. A certification of docket entries and judgment entered in the Court of Common Pleas of Dauphin County is attached hereto and marked as Exhibit A. ()LTT C Q *'31 y) No 6�e -lcle-le J// Date: November 20, 2014 Respectfully submitted, 46 eZ, Jus . Weber(PA 89266) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200, 100 Market Street Post Office Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 (Fax) weberjg@pepperlaw.com hullt@pepperlaw.com Attorneys for Plaintiff Cleveland Brothers Equipment Co., Inc. EXHIBIT A Tn TIje (Court of (Common Prea.5 of Maupbin ((County, Veunzplbania Cleveland Brothers Equipment Co Inc VS. No. 2014-CV-09980-NT BC Inc CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Cleveland Brothers Equipment Co., Inc. and against Defendant, BC Inc. on November 7, 2014 in said case in the amount of$52,824.93 In Teaimonp >jereof, I have hereunto set my hand and affixed the se 1 of the Court;on Tuesday,November 18, 2014. Proth By: O;rU Deputy Date: 11/18/2014 Dauphin County User: JMAURER Time: 04:14 PM Complete Case History Page 1 of 2 Case: 2014-CV-09980-NT Cleveland Brothers Equipment Co Incvs.BC Inc Filed: 11/7/2014 Subtype: Notes Physical File: Y Appealed: N Comment: Status History Pending 11/7/2014 Pending /Judgment 11/7/2014 Judge History Date Judge Reason for Removal 11/7/2014 No Judge, Current Payments Receipt Date Type Amount Pepper Hamilton 326965 11/7/2014 Civil Filing 63.75 327603 11/18/2014 Miscellaneous 26.25 Exemplified Record 26.25 Total 90.00 Miscellaneous Receipts Receipt Date 327603 11/18/2014 Exemplified Record 26.25 Sum: 26.25 Plaintiff Name: Cleveland Brothers Equipment Co Inc SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Weber, Justin G (Primary attorney) Send Notices Defendant Name: BC Inc SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Weber, Justin G (Primary attorney) Send Notices Register of Actions 11/7/2014 New Civil Case Filed This Date. No Judge, Plaintiff: Cleveland Brothers Equipment Co No Judge, Inc Attorney of Record: Justin G Weber Date: 11/18/2014 Dauphin County User: JMAURER Time: 04:14 PM Complete.Case History Page 2 of 2 Case: 2014-CV-09980-NT Cleveland Brothers Equipment Co Incvs.BC Inc Register of Actions 11/7/2014 Filing: Complaint with Confession of No Judge, Judgment Paid by: Pepper Hamilton Receipt number: 0326965 Dated: 11/7/2014 Amount: $63.75 (Check) For: Cleveland Brothers Equipment Co Inc (plaintiff) Defendant: BC Inc Attorney of Record.- No Judge, Justin G Weber On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Fifty-Two Thousand Eight Hundred Twenty-Four and 93/100 Dollars ($52,824.93) by virtue of authority contained in the Warrant of Attorney filed dated 7/21/14 payable installments with interest, costs, etc. ---for colt'n. Inquisition and Exemption Waived. Entered At 12:01 p.m. Stephen E. Farina, Prothonotary Copies of all documents mailed. 11/18/2014 Miscellaneous Payment: Exemplified No Judge, Record Paid by: Pepper Hamilton Receipt number: 0327603 Dated: 11/18/2014 Amount: $26.25 (Check) Judgment Order date In Favor Of Disposition Judgment 11/07/2014 Plaintiff 11/07/2014 Open Judgment Comment: 52824.93 Plaintiff: -Cleveland Brothers Equipment Co Inc Defendant: BC Inc I hereby.certify that the fo'eg 'ng is a true a" c rre, t proft`e,p�iginal file . .sub Prothonotary' 4� COM OFALL QOCup4eNrs p4A to CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., DAUPHIN COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION- LAW BC INC. NO. Defendant JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT BY CONFESSION TO: BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309 Pursuant to the requirements of Pa. R.C.P.No. 236,you are hereby notified that on N O V 0 7 204,2014,judgment was entered against you in the amount of�' $52,824.93,consisting of$25,175.02 of principal, $20,759.70 of interest through November 6, 2014, 15%attorneys' fees totaling$6,890.20 and continuing interest of$1 42 per day plus cost of suit. Date:_ Z014 Prothonotary Counsel for Plaintiff certifies that the names and addresses of the proper parties/persons to receive this notice are: BC Inc. 2555 Delta Road Brogue,Pennsylvania 17309 N 0 V 1 8 2014 trua s n^' col-racI con f oLho Original filed. r0-t€-0€1Ctary �,� Justin G.Weber(PA 89266) Tucker R.Hull(PA 306426) PEPPER HAMILTON LLP 100 Market Street,Suite 200 Post Office Box 1181 Harrisburg,PA 17108-1181 (717)255-1155 (717)238-0575 Fax Attorneys for Plaintiff Cleveland Brothers Equipment Co.,Inc. CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., DAUPHIN COUNTY, PENNSTVANIA Plaintiff _ CIVIL ACTION -LAW vs. NO. (� BC INC. —t t A q Defendant JURY TRIAL DEMANDED NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights TO: BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309 A judgment in the amount of$52,824.93 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. I 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. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association 100 South Street, P.O. Box 186, Harrisburg, PA 17108 (800) 692-7375 (PA only)or(717)238-6715 Date: November 7, 2014 Respectfully submitted, CD ' Jui5WG. Weber(PA 89266) Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200, 100 Market Street Post Office Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 (Fax) weber]g@pepperlaw.com hullt@pepperlaw.com Attorneys for Plaintiff Cleveland Brothers Equipment Co. Inc. ! VL Justin G. Weber(PA 89266) Tucker R.Hull(PA 306426) PEPPER HAMILTON LLP 100 Market Street,Suite 200 ' Post Office Box 1181 Harrisburg,PA 17108-1181 (717)255-1155 Attorneys for Plaintiff (717)238-0575 Fax Cleveland Brothers Equipment Co.,Inc. CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., DAUPHIN COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION- LAW VS. NO. BC INC. Defendant JURY TRIAL DEMANDED CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney,the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant BC Inc. and confess judgment in favor of the Plaintiff Cleveland Brothers Equipment Co., Inc. and against Defendant BC Inc. as follows: Principal Amount Due: $25,175.02 Interest Due for the period through November 6,2014: $20,759.70 Attorneys' Fees(15%) $6,890.20 Total Amount Due $52,824.93. Date: November 7,2014 Respectfully submitted, Ju n G. Weber(PA 89266) C' Tucker R. Hull (PA 306426) PEPPER HAMILTON LLP Suite 200, 100 Market Street Post Office Box 1181 Harrisburg,PA 17108-1181 717,255.1155 717.238.0575 (Fax) weberjg@pepperlaw.com hullt@pepperlaw.com Attorneys for Plaintiff Cleveland Brothers Equipment Co. Inc. I � I Justin G. Weber(PA 89266) -. Tucker R.Hull(PA 306426) PEPPER HAMILTON LLP `- 100 Market Street,Suite 200 Post Office Box 1 IS I Harrisburg,PA 17108-1181 (717)255-1155 Attorneys for Plaintiff (717)238-0575 Fax Cleveland Brothers Equipment Co.,Inc. CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., DAUPHIN COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. .- o� i BC INC. Defendant JURY TRIAL DEMANDED COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff Cleveland Brothers Equipment Co.,Inc. ("Cleveland Brothers"), by and through its undersigned attorneys, files this Complaint in Confession of Judgment against BC Inc. ("Defendant"), and alleges as follows: PARTIES 1. Cleveland Brothers is a Delaware corporation with its principal place of I business at 4565 William Penn Highway,Murrysville, Pennsylvania 15668 and with an office located in Dauphin County. 2. On information and belief, Defendant BC Inc. is a Pennsylvania business corporation with a principal place of business at 2555 Delta Road, Brogue, Pennsylvania 17309. INSTRUMENT 3. On or about July 21, 2014,Defendant and Plaintiff entered into an agreement whereby Defendant executed and delivered to Plaintiff a Settlement Agreement I ("Agreement")for the monthly payment of the amount due. A true and correct copy of the Agreement is attached hereto as Exhibit A. DEFAULT 4. The Agreement required Defendant to make payments to Plaintiff in. monthly installments commencing July 25, 2014. 5. Defendant has defaulted by failing to make any of the monthly ` installments required by the Agreement. 6. To the date of this Complaint,despite the notice of default mailed to Defendant on September 19, 2014, Defendant failed to cure the default. 7. In the Agreement, Defendant authorized"any attorney of record or the Prothonotary"to "APPEAR FOR DEFENDANT...AND CONFESS OR ENTER JUDGMENT AGAINST DEFENDANT FOR THE DEFAULT AMOUNT PLUS CONTINUING INTEREST, ATTORNEYS' FEES OF 15%AND COSTS OF SUIT," ITEMIZED COMPUTATION OF AMOUNT DUE i 8. An itemized computation of the amounts due from Defendant to Plaintiff as of November 6, 2014, under the Agreement is as follows: Principal Amount Due: $25,175.02 Interest Due for the period through November 6, 2014: $20,759.70 i Attorneys' Fees (15%) $6,890.20 I Total Amount Due $52,824.93 -2- JUDGMENT NOT BEING ENTERED AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION 9. The judgment is not being entered by confession against a natural person in connection with a consumer credit transactions ! NO ASSIGNMENT OF THE INSTRUMENT NO PRIOR ENTRY OF JUDGMENT ON THE INSTRUMENT- 10. NSTRUMENT10. The Agreement was not previously assigned. 11. Judgment has not been entered on the Agreement in any jurisdiction. INSTRUMENT NOT MORE THAN TWENTY YEARS OLD 12. Defendant executed the Agreement less than twenty years ago. DEMAND FOR JUDGMENT WHEREFORE, as authorized by the warrant contained in the Agreement, Plaintiff demands judgment against Defendant in the amount of$52,824.93,plus continuing interest of$12.42 per day and costs of suit. i Date: November 7, 2014 Respectfully submitted, Justi G. Weber(PA 89266) Tucker R. Hull(PA 306426) PEPPER HAMILTON LLP Suite 200, 100 Market Street i Post Office Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 (Fax) weberjg@pepperlaw.com hullt@pepperlaw.com Attorneys for Plaintiff Cleveland Brothers Equipment Co. Inc. -3- r_- EXHIBIT A SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT("Settlement Agreement") is executed thi day of June,2014, by and between BC Inc. ("Defendant")and CIeveland Brothers '4 Equipment Co., Inc. ("Cleveland Brothers"). WITNESSETH: WHEREAS,certain claims and disputes have arisen between the parties including,without limitation,a lawsuit pending with the Court of Common Pleas of Dauphin County, captioned Cleveland Brothers Equipment Co., Inc. vs. BC Inc., No. 2014-CV-4717(the "Action"); WHEREAS, it is alleged that BC Inc. owes Cleveland Brothers$25,175.02 of principal, $18,027.30 of service charges through March 31,2014,plus a continuing service charge of$12.42 per day (collectively the"Debt Amount'); WHEREAS,the parties wish to amicably resolve all claims they have against each other; NOW THEREFORE,Defendant and Cleveland Brothers,intending to be legally bound and in consideration of the mutual promises and covenants set forth herein,agree as follows: 1. Recitals. The Recitals above are incorporated by reference and are made part of this Settlement Agreement. 2. Payment. Defendant shall pay CIeveland Brothers the total amount of Twenty-Five Thousand One Hundred Seventy-Five Dollars ($25,175.00) ("Settlement Amount"). The Settlement Amount shall be paid in payments of$5,035.00 per month,beginning July 25, 2014, and continuing on or before the twenty-fifth day of each consecutive month thereafter until the Settlement Amount is paid in full. All payments should be made payable to"Cleveland Brothers Equipment Co., Inc."and sent to Cleveland Brothers Equipment Co.,attn: Lynn Wheeler, Sr. Credit/Finance Manager, 5300 Paxton Street Harrisburg,PA 17111. If Defendant fails to make any of the payments required by this paragraph, Cleveland Brothers shall provide Defendant with notice of default by first-class mail("Default Notice")to BC Inc., 2555 Delta Road,Brogue,Pennsylvania 17309. If the payment is not received by Cleveland Brothers within ten days following the date the Default Notice is sent, Defendant agrees that: (a)the Cleveland Brothers may confess judgment as set forth in paragraph 6 and(b)the Debt Amount, less any portion of the Settlement Amount previously paid to Cleveland Brothers in good funds,("Default Amount')will not be subject to any legal or equitable defense, counterclaim, setoff,recoupment, deduction,or any other reduction, diminution or abatement on any grounds whatsoever,nor shall it impair or otherwise adversely affect in any manner the release provided to Cleveland Brothers pursuant to Paragraph 4 of this Settlement Agreement. 3. Withdrawal-of Action. Within ten days of receipt in full of the$25,175 as provided in paragraph 2, Cleveland Brothers will dismiss the Action with prejudice. 4. Releases. Defendant fully,finally and forever acquits,quitclaims,releases and discharges Cleveland Brothers and its personal representatives, affiliates, guardians, agents, successors, heirs, assigns, insurers and attorneys from any and all liabilities, claims, counterclaims, damages, demands, debts, liens, deficiencies or causes of action to, of or for the benefit (whether. directly or indirectly) of Defendant, whether asserted or unasserted, whether now known or hereafter discovered, whether statutory, in contract or in tort, as well as any other kind or character of action now held, owned or possessed (whether directly or indirectly)by the Defendant, which relate to or arise from, in any way, any transactions or interactions between Cleveland Brothers and Defendant from the beginning of the world until the date of this Settlement Agreement. 5. ' Cleveland Brothers' Releases. Provided that the Settlement Amount set forth in paragraph 2 has actually been received by Cleveland Brothers, Cleveland Brothers shall fully, finally and forever acquit, quitclaim, release and discharge Defendant and its agents, successors, .heirs, assigns, insurers and attorneys from any and- all liabilities, claims, counterclaims, damages, demands, debts, liens,deficiencies or causes of action to, of or for the benefit (whether directly or indirectly) of Cleveland Brothers, whether asserted or unasserted, i whether now known or.hereafter discovered, whether statutory, in contract or in tort, as well as any other kind or character of action now held, owned or possessed (whether directly or indirectly) by Cleveland Brothers, which relate to or arise from, in any way, any transactions or interactions between Cleveland Brothers.and Defendant from the beginning of the world until the date of this Settlement Agreement. i 5. Confession of Judgment. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST DEFENDANT. IN GRANTING THIS WARRANT OF ATTORNEY,DEFENDANT HEREBY KNOWINGLY,INTENTIONALLY AND VOLUNTARILY,AND ON THE ADVICE OF ITS SEPARATE COUNSEL,UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO SUCH WARRANT AND ANY EXECUTION THEREON THAT DEFENDANT MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES,THE COMMONWEALTH OF PENNSYLVANIA OR ANY OTHER STATE. UPON THE OCCURRENCE OF DEFENDANT'S FAILURE TO MAKE ANY PAYMENT IN ACCORDANCE WITH THE TERMS IDENTIFIED IN PARAGRAPH 2 OF THIS SETTLEMENT AGREEMENT TO CLEVELAND BROTHERS,DEFENDANT HEREBY IRREVOCABLY AUTHORIZES AND -2- EMPOWERS ANY ATTORNEY OF RECORD,OR THE PROTHONOTARY OR r? CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA OR" C.-) ELSEWHERE,TO APPEAR FOR DEFENDANT AT ANY TIME OR TIMES,IN ANY SUCH COURT IN ANY ACTION BROUGHT AGAINST DEFENDANT,WITH OR WITHOUT DECLARATION FILED,AND CONFESS OR ENTER JUDGMENT AGAINST DEFENDANT FOR THE DEFAULT AMOUNT PLUS CONTINUING INTEREST,ATTORNEYS'FEES OF 15% OF THE DEFAULT AMOUNT AND COSTS OF SUIT. DEFENDANT WAIVES THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT AND RELEASES ANY PROCEDURAL ERRORS IN CONNECTION WITH OBTAINING THE CONFESSED JUDGMENT. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO BRING ANY ACTION OR CONFESS JUDGMENT THEREIN SHALL BE DEEMED TO EXHAUST THE POWER,BUT THE POWER SHALL CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS CLEVELAND BROTHERS SHALL ELECT UNTIL ALL AMOUNTS PAYABLE TO CLEVELAND BROTHERS HEREUNDER SHALL VE BEEN PAID IN FULL. � '�-11tials 7. Entire Agreement. This Settlement Agreement contains the entire agreement between Defendant and Cleveland Brothers and may only be modified or amended in a writing signed by Defendant and Cleveland Brothers. .This Settlement Agreement supersedes all prior written or oral agreements, representations or understandings, if any, relating to the subject matter hereof. 8. Counterparts. This Settlement. Agreement may be executed in counterparts and any executed copy hereof, when taken with another executed copy, shall be considered and deemed the original hereof. 9. Compromise. This.Settlement Agreement is a compromise of disputed claims and does not constitute an admission of liability or fault or of any material fact by Defendant or Cleveland Brothers. 10. Representations and Warranties. Each party represents and warrants to the other party that it has not made any assignment or other transfer of any interest in any claim it may have against any other party which could or would (a) require any party to obtain the consent of any nonparty (including without limitation an assignee or transferee) to execute, deliver or perform under this Settlement Agreement, (b) deprive any party of the full right, power and authority to execute, deliver and perform under this Settlement Agreement, or (c) preserve any portion of any claim from being fully and finally released, settled and extinguished hereby. Each party shall indemnify, hold harmless and defend any other party from and against any liability, claim, demand, damage, cost.or expense (including reasonable attorneys' fees) incurred as a result of any assignment or transfer by. it of any interest in claims which it may have against the other party. -3- .J 4 11. Representation Regarding Counsel. The parties have carefi ly;read- ms Settlement Agreement, know its contents, and freely and voluntarily agree to all of its terms-nd conditions. Each Party acknowledges,represents, and warrants that(i) it has been advised byjits own independent counsel with regard to this Settlement Agreement; (ii) that it fully understates each and every term of this Settlement Agreement and the rights and obligations created here$$4 (iii) that the persons signing below have authority to execute this Settlement Agreement on behalf of their respective principals; and (iv) that it is signing this Settlement Agreement with full knowledge of its contents and as an informed and voluntary act. 12. Binding Agreement. This Settlement Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives, spouses, successors, assigns, licensees, affiliates, officers, directors, employees, agents, shareholders and partners. As used in this Settlement Agreement,the term"affiliate"shall mean, with respect to any party, a corporation, partnership,joint venture, limited liability company or other entity that owns or controls, is owned or controlled by, or is under common ownership with, such party. 13. Cations. The captions inserted herein are for convenience only, and in no way define,limit or expand the scope of this Settlement Agreement. 14, Collateral Documents. The parties shall execute any needed documents to effectuate the terms and conditions of this Settlement Agreement. 15. Applicable Law. This Settlement Agreement shall be governed by the laws of Pennsylvania and any action arising out of or with respect to this Settlement Agreement must be brought in the Court of Common Pleas of Dauphin County or the United States District Court for the Middle District of Pennsylvania. -4- t IN WITNESS WHEREOF, intending to be legally bound,the parties have executed-this Settlement Agreement as of the day and year first above written, -' BC INC. By: Name: Tang Bratton 7121114 Title: President CLEVELAND BROTHERS EQUIPMENT CO.,INC. By: l Name: Title: r />';I IJ k,fi6 e4 w J VERIFICATION I, Lynn Wheeler,state that I am the Senior Credit and Finance Manager for Cleveland Brothers Equipment Co., Inc. I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements in said document are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. c=� L Wheeler I i i I I I CERTIFICATE OF SERVICE I hereby certify that on November 7, 2014,I served a copy of the foregoing document upon defendant by United States mail,first class postage prepaid,addressed ash follows: -- BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309 Robert E. Chernicoff, Esquire Cunningham& Chernicoff,PC 2320 N. 2"d Street Harrisburg, Pennsylvania 17110 I 3 in G. Weber(PA 89266) i .CERTIFICATE OF SERVICE I hereby certify that on November 20, 2014, 1 served a copy of the foregoing Praecipe to Enter Judgment on Defendant by United States mail, first class postage prepaid, addressed as follows: BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309 Robert E. Chernicoff, Esquire Cunningham & Chernicoff PC 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Jus ' G. Weber(PA 89266) Justin G. Weber(PA 89266) Tucker R.Hull(PA 306426) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1181 Harrisburg,PA 17108-1181 (717)255-1155 (717)238-0575 Fax Attorneys for Plaintiff Cleveland Brothers Equipment Co., Inc. CLEVELAND BROTHERS EQUIPMENT IN THE COURT OF COMMON PLEAS OF CO., INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' CIVIL 'ACiiTION - LAW VS. NO. BC INC. Defendant JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT BY CONFESSION TO: BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309 Pursuant to the requirements of Pa. R.C.P. No. 236, you are hereby notified that on NAV , �) \ , 2014,judgment was entered against you in the amount of $52,824.93, consisting of$25,175.02 of principal, $20,759.70 of interest through November 6, 2014, 15% attorneys' fees totaling $6,890.20 and co tinuing interest of$12.42 per d plus costs of suit. Date: Prothonotary Counsel for Plaintiff certifies that the names and addresses of the proper parties/persons to receive this notice are: BC Inc. 2555 Delta Road Brogue, Pennsylvania 17309