HomeMy WebLinkAbout0744 contract together with costs and attorneys fees incurred by
Plaintiff in prosecuting this action.
-
2. Within 15 days from the date of this Stipulation, `
Defendant agrees to make available to Plaintiff for inspection
purposes the International Pay Loader Model 510 purchased pur-
suant to the retail installment contract originally dated
May 29, 1977. .
3. Thereafter, Defendant agrees to produce said unit for
- inspection at any time during the. term of this Stipulation
within five (5) days of receipt of written notice for inspec-
tion from Plaintiff.
4. Upon the performance of all conditions set forth in
this Stipulation, including Exhibit "1" attached hereto,
Plaintiff-will release Defendant from any and all claims,
demands, or causes of action which Plaintiff may have against
Defendant pursuant to this Stipulation and Exhibit "1" attached
hereto, and this action shall be dismissed with prejudice.
5. In the event, however, Defendant fails to make the
payments called for in Exhibit "1" attached hereto in a timely
fashion or fails to comply with any other provision of this
- Stipulation, the Court shall, upon application by Plaintiff -
supported by an affidavit setting forth such noncompliance,
enter final judgment of replevin of the International Pay
Loader Model-510, together with costs and attorneys fees. Such
6
final judgment shall be entered without further hearing. The
parties hereto agree that this Court shall retain jurisdiction
over this matter for all-purposes set forth herein.
6. The parties hereto agree that upon approval by this
Court of this Joint Stipulation and Settlement Agreement, the
~ - prejudgment writ of replevin shall be dissolved and the bond
t
filed therewith released and discharged and this matter then
~ shall be put on inactive status until application by Plaintiff
j
or further order of the-Court.
f
-2-
60341 P~Gf 744