To: scion who wrote (11661 ) 11/7/2007 9:43:18 AM From: scion Respond to of 12518 11/06/2007 297 Support Document - Exhibit 114, filed by Pro Plas LLC (RE: related document(s)292 Support Document,,,, filed by Creditor Pro Plas LLC). (Smotkin, Howard) (Entered: 11/06/2007) ------------------------------------- Doc 297 OCR In Re: Case No. 07-50934 Judge William J. Howard Chapter 11 PLASTICON INTERNATIONAL, INC., Debtor. PRO PLAS LLC, Movant, v. PLASTICON INTERNATIONAL, INC. Respondent, AFFIDAVIT OF RICHARD J. SCHNIDMAN STATE OF MISSOURI COUNTY OF ST. LOUIS SS. Richard J. Schnidman, being duly sworn upon his oath, under penalties of perjury, to the best of his knowledge and belief, without any investigation or inquiry, states as follows: 1. My name is Richard J. Schnidman. 2. I am over the age of eighteen years and competent in all ways to make this affidavit. 3. I have personal knowledge about the matters set forth in this affidavit. 4. I am a practicing attorney and was licensed to practice law in the State of Missouri in 1977. 5. I am a senior associate of the law firm of Riezman Berger P.C. ("Riezman Berger", "We", "Our" or "Us") in St. Louis, Missouri. 6. Riezman Berger has represented Pro Mold, Inc. ("Pro Mold") for many years. 7. Riezman Berger represented Pro Mold; John P. Murphy III Revocable Trust No. 1 ("John P. Murphy Trust"); and 10315 LLC, a Missouri limited liability company ("LLC") (John P. Murphy Trust and LLC, collectively the "Seller"), in connection with the sale of stock and certain assets of Pro Mold (the "Pro Mold Sale") to Plasticon International, Inc. ("Plasticon" or "Buyer"). 8. Riezman Berger did not represent Plasticon, James N. Turek, Sr. ("James Turek") or any entity owned or controlled by James Turek in connection with the Pro Mold Sale. 9. Carmine Bua, an attorney located in California, informed Riezman Berger that he represented Plasticon in connection with the Pro Mold Sale. 10. We represented the John P. Murphy Trust and LLC in connection with the transactions contemplated by the following documents ("Transaction Documents"): Dated Description A. As of 12/06/2005 Share and Asset Purchase Agreement First Amendment to Share and Asset Purchase B. As of 4/30/2006 Agreement Restatement and Amendment of First Amendment C. to Share and Asset Purchase Agreement D. As of 12/31/2005 $1,000,000 Promissory Note E. As of 12/31/2005 Security Agreement F. As of 4/30/2006 Stock Pledge Agreement G. As of 12/31/2005 First Amendment to Lease H. As of 12/2005 Bill of Sale and Assignment for Purchased Assets 11. The Share and Asset Purchase Agreement provided that the closing of the Pro Mold Sale was to take place on or before December 20, 2005 if the SEC had accepted Schedule 14C with respect to the transaction on or prior thereto, or on December 30, 2005 if the SEC had not accepted Schedule 14C with respect to the transaction on or prior to December 20, 2005 or at such other time and place as may be agreed by the parties. 12. Carmine Bua informed us that the Pro Mold Sale could not close on December 20, 2005 because the SEC had not accepted Schedule 14C by said date. John P. Murphy III ("John P. Murphy") informed us that the Pro Mold Sale did not close on December 30, 2005 due to Plasticon's failure to satisfy all of its contingencies required under the Share and Asset Purchase Agreement. 13. Buyer and Seller agreed that the closing of the Pro Mold Sale would be effective as of December 31, 2005, but the Pro Mold Sale did not close until the conditions under the Share and Asset Purchase Agreement had been satisfied and the closing documents had been exchanged by the parties on or about July 28, 2006. Further, affiant sayeth not. Richard J. Schnidman Subscribed and sworn to before me this 6th day of November, 2007. CHRISTINE M. PAINTER Notary Public