Kevin's Elec., Inc. V. LBM Fin.

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STATE OF MAINE YORK, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-12,;)~6 /. ._) 01V ----/of./.,d-, ~/~()/ 3 C)/ KEVIN'S ELECTRIC, INC., PLAINTIFF vs. LBM FINANCIAL, LLC, DEFENDANT ) ) ) ) ) ) ) ) ) 1 JUDGMENT After hearing on damages on Plaintiffs Complaint, a default having been entered against the Defendant by the Clerk on November 6, 2012, Judgment is entered for the Plaintiff against the Defendant in the amount of $10,000.00, together with statutory interest accruing from %/~7 ;!~ and its costs. In addition, the Plaintiff is awarded its attorney's fees incurred in connection with the prosecution of this claim in the amount of$ ~r -1-3/. ?fand for such other attorney's fees that the Plaintiff might incur in connection with the enforcement of this Judgment of foreign jurisdiction based upon the Defendant fraudulently inducing the Plaintiff into settlement, occasioning the dismissal of the claim brought in the matter of Kevin's Electric, Inc. vs. Atlantic Park, LLC. et al., Civil Action, Docket No. BID RE-08-026 filed in the Tenth District Court, the Court finding that the Defendant entered into the settlement agreement in bad faith and fraudulence, never intending to comply with its terms and resulting in attorney's fees on the direct and seeking to enforce the judgment on the direct. The attorney's fees incurred here and in further pursuit are found to be damages that were both foreseeable and contemplated by the parties as a result of any breach of their settlement agreement. Maine Rubber Intern. v. Environmental Maintenance Group, Inc., 324 F. Supp 2d 32. DATED: ~~~~~r_f_~----- JUSTICE, SUPERIOR COURT ATTORNEY FOR PLAINTIFF: THOMAS DANYLIK, ESQ. WOODMAN EDMANDS DANYLIK AUSTIN SMITH & JACQUES, P.A. 234 MAIN STREET P.O. BOX468 BIDDEFORD, ME 04005-0468 ATTORNEY FOR DEFENDANT: LBM FINANCIAL LLC, PROSE 171 LOCKE DRIVE, #114 MARLBOROUGH, MA 01752-7225

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