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HomeMy WebLinkAbout00-01920 , . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IRA S. NAIDITCH, v. : CIVIL ACTION - LAW WESTGO II REAL ESTATE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, : No. 00-1920 CIVIL TERM Defendants NOTICE TO PLEAD TO: IRA S. NAIDITCH, and BRADLEY L. GRIFFIE, ESQUIRE, his attorney: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. E & NURICK David E. Lehman I.D. No. 15243 James P. DeAngelo I.D. No. 62377 P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5470 Attorneys for Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group Dated: May 10, 2000 , ',;., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IRA S. NAIDITCH, v. : CIVil ACTION - lAW WESTGO II REAL ESTATE, INC., t/d/b/a COLDWEll BANKER HOMESAlE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, : No. 00-1920 CIVil TERM Defendants ANSWER AND NEW MATTER AND NOW, comes Defendant Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group ("Coldwell Banker Homesale") and answers the complaint filed by Plaintiff Ira S. Naiditch ("Naiditch"). 1. Admitted. 2. Admitted. 3. Westgo II Real Estate, Inc. does business as Coldwell Banker Homesale Services Group. 4. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny corporate information regarding Defendant Century 21 Breneman & Associates, Inc., and the same is therefore denied. 5. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny the names, if any, -.;" . ~,' . -~. ,'-,;."""L:;: - , , .~ '" . ~. , ~=~'" -" .--~' registered by Defendant Century 21 Breneman & Associates, Inc., and the same is therefore denied. 6. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny what Naiditch was doing in 1997, and the same is therefore denied. 7. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny whether Naiditch interviewed with Kirk L. Nace or what title Kirk L. Nace held while employed by Defendant Century 21 Breneman & Associates, Inc. As a result, these facts are denied. 8. Denied. Coldwell Banker Homesale was not a participant in any negotiations between Naiditch and Defendant Century 21 Breneman & Associates, Inc. As a result, after reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny those facts, and the same are therefore denied. 9. Denied. The service copy of the complaint has no exhibits attached to it. As a result, the existence and content of any alleged exhibits is denied. In further response, Coldwell Banker Homesale was not a participant in any negotiations between Naiditch and Defendant Century 21 Breneman & Associates, Inc. As a result, after reasonable investigation, Coldwell Banker Homesale is without - 2 - ',-- . ~-,;, " ",0_,,_ C_,"'f "'C,' _ . , .,__" _" -, -- , ~ .' . _ c,' - , knowledge or information sufficient to admit or deny those facts, and the same are therefore denied. 10. Denied. The response to paragraph 9, above, is incorporated herein by reference. 11. Denied. Coldwell Banker Homesale was not a participant in any negotiations between Naiditch and Defendant Century 21 Breneman & Associates, Inc. As a result, after reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny those facts, and the same are therefore denied. 12. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny why or if Naiditch initiated his retirement from the United States Army. As a result, this is denied. 13. Denied. Defendant Century 21 Breneman & Associates, Inc. was not purchased by and did not become a part of Coldwell Banker Homesale. The stock of Century 21 Breneman & Associates, Inc. was not purchased. To the contrary, Coldwell Banker Homesale merely purchased certain assets of Century 21 Breneman & Associates, Inc. The liabilities and obligations of Century 21 Breneman & Associates, Inc. were expressly excluded from the transaction. - 3 - ".,'- ^ ,-., -" ,- ~. - '- - 14. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny whether Naiditch contacted Kirk L. Nace. As a result, the averments of this paragraph are denied. 15. Denied. Kirk L. Nace had no authority to commit Coldwell Banker Homesale to any contractual obligation. All contractual obligations of Coldwell Banker Homesale require the express consent of one of the principals of the corporation. Kirk L. Nace was not a principal and had no authority to commit Coldwell Banker Homesale to any contract. In fact, Kirk L. Nace was not even an officer of Coldwell Banker Homesale. 16. ,Denied. To the contrary, Kirk L. Nace never had authority to commit Coldwell Banker Homesale to a contract. It is denied that Kirk L. Nace was ever given "assurances" that he had authority to "maintain and honor" commitments made by other entities to salespersons. The answers to paragraphs 13 and 15, above, are incorporated herein by reference. 17. Denied. It is denied that Kirk L. Nace made or reaffirmed any commitments to Naiditch. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny what actions Naiditch took or failed to take in regard to his retirement from the United States Army, and the same are therefore denied. - 4 - " , . ,~ - ~- .'.,'- ., 18. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny when or if Naiditch's retirement from the United States Army was accepted or irrevokable. As a result, those facts are denied. 19. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny the averments of this paragraph. In fact, the averments of this paragraph are so vague they cannot be answered. The averments of paragraph 16, above, are incorporated herein by reference. 20. Denied. As with paragraph 19, the averments of this paragraph are too vague to answer. The answer to paragraph 19, above, is incorporated herein by reference. 21. Denied. As stated above, Kirk L. Nace did not have authority to commit Coldwell Banker Homesale to contractual obligations. All such contracts required the approval of the principals of the corporation. 22. Denied. The answer to paragraph 21, above, is incorporated herein by reference. 23. Denied. The answer to paragraph 21, above, is incorporated herein by reference. - 5- c',~ . " ,'~"_c:,,-,.'--" 24. Denied. Kirk L. Nace's correspondence of July 25, 1997, does not constitute or create any contractual obligations on the part of Coldwell Banker Homesale. At the time that letter was written, Kirk L. Nace had no relationship with Coldwell Banker Homesale. In fact, the July 25, 1997, letter is on the letterhead of an entirely separate entity - Defendant Century 21 Breneman & Associates, Inc. As to whether Naiditch worked hours consistent with the schedule and time periods set forth in Kirk L. Nace's correspondence of July 25, 1997, after reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny this, and the same is therefore denied. 25. Denied. After reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny what Naiditch earned from September 1, 1997, through April 1, 1998. Coldwell Banker Homesale denies any obligation to pay Naiditch a minimum salary. 26. Denied. As described above, Coldwell Banker Homesale was not bound by a commitment, if any, made by Kirk L. Nace to Naiditch. It is further denied that any additional money is due to Naiditch. 27. Denied. There was no contract between Naiditch and Coldwell Banker Homesale as described in the Complaint. Coldwell Banker Homesale has refused to pay Naiditch money to which he has no entitlement. - 6 - '-~'~" "', ^~ "'- '. ",-,> 28. Denied. Coldwell Banker Homesale is without knowledge or information sufficient to state the current status of Century 21 Breneman & Associates, Inc., and the same is therefore denied. In further response, Century 21 Breneman & Associates, Inc., may have filed a petition in bankruptcy, in which case Naiditch's filing of this action may violate the automatic stay, but this information is not confirmed. 29. Denied. This paragraph states a conclusion of law to which no response is required. To the extent a response may be deemed required, it is denied that Naiditch reasonably relied to his detriment on material statements made by any person with authority to speak for Coldwell Banker Homesale. ANSWER TO COUNT I - BREACH OF CONTRACT 30. The answers to paragraphs 1 through 29, above, are incorporated herein by reference. 31. Denied. This paragraph states a conclusion of law to which no responsive pleading is required. To the extent a response may be deemed required, it is denied that the July 25, 1997, letter from Kirk L. Nace to Naiditch constituted a contract with Coldwell Banker Homesale. Further, it is denied that there was any breach of contract. - 7 - ,-. ~ WHEREFORE, Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. ANSWER TO COUNT II - ESTOPPEL 32. The answers to paragraphs 1 through 31, above, are incorporated herein by reference. 33. Denied as a conclusion of law to which no response is required. As stated above, Kirk L. Nace had no authority to enter into contracts on behalf of Coldwell Banker Homesale. 34. Denied as a conclusion of law to which no response is required. In further response, it is not possible to respond to Naiditch's allegation of unidentified commitments to unidentified salespersons. As a result, all such matters are denied. There is no claim of estoppel in this case. WHEREFORE, Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. ANSWER TO COUNT III - DETRIMENTAL RELIANCE 35. The answers to paragraphs 1 through 34, above, are incorporated herein by reference. - 8 - '~',-,,- ,~... - q," 36. Denied as a conclusion of law to which no response is required. To the extent a response may be deemed required, Naiditch did not enter into a contract with Coldwell Banker Homesale as described in his complaint. It is denied that Naiditch reasonably relied to his detriment on material statements made by any person with authority to speak for Coldwell Banker Homesale. 37. Denied. Paragraph 37 of the complaint is not comprehensible. As a result, it is denied. It is denied that Naiditch's "loss of his status and income with the United States Army is not something which Plaintiff will ever be able to regain." 38. Denied. There was no contract as averred in Naiditch's complaint. As to whether Naiditch worked hours consistent with the schedule and time periods set forth in Kirk L. Nace's correspondence of July 25, 1997, after reasonable investigation, Coldwell Banker Homesale is without knowledge or information sufficient to admit or deny this, and the same is therefore denied. 39. Denied as a legal conclusion to which no response is required. WHEREFORE, Westgo II Real Estate, inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. ANSWER TO COUNT IV - ATTORNEY'S FEES 40. The answers to paragraphs 1 through 39, above, are incorporated herein by reference. - 9 - r ?" .. ~ _, ,,_ c' "' .', <_ -,-c-..i 41. Denied. There was no contract as averred in Naiditch's complaint. Coldwell Banker Homesale has acted properly in asserting its rights. Naiditch has no entitlement to attorney's fees. There is no reasonable basis for asserting a claim for attorney's fees. 42. Denied. It is denied that conduct on the part of Coldwell Banker Homesale has caused Naiditch to engage counsel. 43. Denied as a conclusion of law to which no response is required. WHEREFORE, Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. ANSWER TO COUNTS V THROUGH VIII 44 - 57. Counts V through VIII, paragraphs 44 through 57, are directed to defendant Century 21 Breneman & Associates, Inc. As a result, no response is required from Coldwell Banker Homesale. To the extent any response may be deemed required, the averments of Counts V through VII, paragraphs 44 though 57, are denied. WHEREFORE, Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. - 10- , < w " - ~ ""')-~,.-~,' .- NEW MATTER 58. The averments of paragraphs 1-43 of the Answer are incorporated herein by reference. 59. Naiditch has failed to state a cause of action. 60. Coldwell Banker Homesale is not responsible for obligations of Defendant Century 21 Breneman & Associates, Inc. WHEREFORE, Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, Inc. demands that judgment be entered in its favor and against Plaintiff Ira S. Naiditch together with costs. & NURICK David E. Lehman I.D. No. 15243 James P. DeAngelo I.D. No. 62377 P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5470 Attorneys for Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group Dated: May 10, 2000 - 11 - '-, .". - . '_ . .;, ~,..- ~ - _c' - VERIFICATION I, Douglas W. Banzhof, General Manager of Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group, a corporation, 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 false statements herein are mede subject to the penalties of 18 Pa. C. S. i4904, relating to unsworn falsification to authorities. Dated: r( p( rJ() 1H~, _ M CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Dated: May 10, 2000 "- ."", ,. 0'_ co>"",c c c, " ".c' , '''eo ,,":,~a,"1"f'~' " . - , ~ ".." '''",,,' ",'U,., ','W,c", . ;L. ',," ;-~';!P,'!::r~, " (') (= ;-r~p Z:3J :2:(- ~~~:~ ~;~~ c: :s -< '.-" " ",'," C) eJ ::'!: ~ o -" --, i:~~;~ ~~;:,~ ~?, -'1"'- +ri ~:~? ~S ;-",\/Tl ~ :D -< -0 :-~~ ~ :') '0 'II"T ,~'. , IRA S. NAIDITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WESTGO II REAL ESTATE, INC. CIVIL ACTION - LAW t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 : BRENEMAN AND ASSOCIATES, Defendants : NO. 00-1920 CIVIL TERM PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 58. The averments of Plaintiffs Complaint, paragraphs I through 43, are incorporated herein by reference as if set forth in their full text. 59. Denied. It is denied that Plaintiff Naiditch has failed to state a cause of action. This paragraph is further denied as a legal conclusion to which no response is required. 60. Denied. It is denied that Defendant Coldwell Banker Homesale is not responsible for obligations of Defendant Century 21 Breneman and Associates, Inc. Further, after reasonable investigation, Plaintiff is without sufficient knowledge or information to form a further belief as to the truth of the facts set forth in paragraph 60 and, therefore, are denied. WHEREFORE, Petitioner requests your Honorable Court to dismiss the New Matter filed by Defendant Westgo II Real Estate, Inc. t/d/b/a Coldwell Banker Homesale Service Group, Inc. in the above captioned action. . 'fie, Esquire o anover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 '')l' ~ , VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: C/~3/o0 ~ A, A-JifL IRA S. NAIDITCH, Plaintiff ,,- o.~_. ~_"" L H , ~ U.'_ J!ll!Ul.~, ,- ~ _"'l^l (") 0 0 ~ 0 " '"O,OJ X :~... ~~ ". -< n 1 ~-:..Q CI:>- Co<> -:O(fl ~.- :;~< '-l;J ~,O -0 ::::::{',Q ~2 -r"~r; :x "-:n 00 f'SI BIT] ~ Ul ~ ^"~'-',~",," """"",,!\!l!llW"l!~.>~~!!ii~i'W-<i1N;~~Ilti~Ei'Oi~1!"il~M1~w.'I~_~!t!i~I~ r SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2000-01920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NAIDITCH IRA S VS WESTGO II REAL ESTATE INC ET A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WESTGO II REAL ESTATE INC TDBA COLDWELL BANKER but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 17th, 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep. Lancaster Co 18.00 9.00 10.00 32.13 .00 69.13 04/17/2000 BRADLEY GRIFFIE so~~,'/~~ /' / / >-5_'f?re;C~ R.homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this tt:.- J1~ day of ~," .2nJO A.D. ~() YJ,,,H"J ~ Prothonotafy -- .~- - ., IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION -LAW WESTGO II REAL ESTATE, INC., : tJdIb/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., tJdIb/a CEN"fURY21 BRENEMAN AND . ASSOCIATES, : NO. 01J -) 9.2.0 CIVIL TERM Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you, fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other money or property or other rights important to you. YOU SHOULD TAKE PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TRUE COpy FROM RECORD In Testimony whereof. I here Ulito set mY han(f and the ~ of saId Court at Carllsl6. Pa. " This d-9~- day t315:::;.~~1"" p2mn) ( i. )"" UJ , ~7f Prmhonorary .',' , ~- ' -.-- r ~ , .' , - - ~"-;' IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW WESTOO II REAL ESTATE, INC., : tJdfb/a COLDWEIL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., tJdfb/a CENTURY 21 BRENEMAN AND ASSOCIATES, : NO., tJv -j9,,20CIVIL TERM Defendant COMPLAINT 1. Plaintiff is Ira S. Naiditcb, an adult individual currently residing at 2219 Circle Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Westgo II Real Estate, Inc., is a Pennsylvania Corporation with its principle address of 111 Centerville Road, Lancaster, Lancaster County, Pennsylvania. 3. Defendant Westgo II Real Estate, Inc. (hereinafter "Defendant Westgo") has a registered fictitious name of Coldwell Bank Homesale Services Group, with its principle place of business at 1 n Centerville road, Lancaster, Lancaster County, Pennsylvania. 4. Defendant Century 21 Breneman & Associates, Inc., (he~einafter "Defendant Breneman") is a Pennsylvania Corporation with its principle address of 5001 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant Breneman has a registered name of Century 21 Breneman & Associates with its principle place of business at 5001 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. :-,,,,. ~ " , , - 6. In 1997, Plaintiff was taking prelicensing real estate courses in order to receive, and in anticipation of receiving his real estate salesperson license. 7. In anticipation of securing a sales position with Defendant Breneman, Plaintiff interviewed with Kirk L. Nace (hereinafter ''Nace''), Vice President of Defendant Breneman. 8. Following a second interview of Plaintiff by Nace, Nace made an offer to Plaintiff on behalf of Defendant Breneman, and in his capacity as Vice President of Defendant Breneman, for Plaintiff to, become associated with Defendant Breneman as a real estate salesperson. 9. Said offer was made in writing dated July 25, 1997, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 10. In reliance upon the offer made byNace in his capacity as Vice President of Defendant Breneman, Plaintiff accepted the offer by correspondence dated July 29, 1997, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 11. By follow-up telephone conversation, Plaintiff confirmed with Nace that the concepts of the number of hours worked per week was the operative factor in the offer made in the correspondence of July 25, 1997, the specific hours for specific days was not an essential part of the agreement. 12. Based upon reaffirmation of the offer made by Nace in his capacity as Vice President of Defendant Breneman, and acceptance by Plaintiff, Plaintiff initiated his formal retirement from the United States Army. ',_'Il "", ~~ . 13. On er abeut August 20, 1997, Plaintiff became aware that Defendant Breneman was purchased er otherwise became a part efDefendant Westge, tldlb/a Coldwell Banker Hemesale Services Greup. 14. Due to' Plaintiff's cencern ever the fact that he had submitted documentatien fer his fermal retirement frem the United States Army, he contacted Nace to' determine Nace's autherity with Defendant Westge, as well as Defendant Westge's commitment to' Plai:ntifrs centract. 15. On er abeut August 21, 1997, Nace who had; been given the designatien efDirecter ef Creative Develepment with Defendant Westgo. assurecfPlaintiffrepeatedly that Nace had autherity to' ensure his prier commitments made in his prier capacity as Vice President efDefendant Breneman. 16. It is believed and, therefere, averred that Nace was given assurances on numerous eccasions by numerous representatives of Defendant Westgo that Nace had the autherity to maintain and honor commitments made to' salespeeple fellewing Defendant Westgo's purchase of or merger with Defendant Breneman. 17. Plaintiff relied on reaffirmation of the contract commitments of Nace in regard to Plaintiff s contract with Defendant Westgo and did not take any extraordinary measures to withdraw his applicatien fer retirement frem the United States Army upen notificatien of Defendant Westge' s purchase of or merger with Defendant Breneman. :-?'~~ ".,..., " - , , 18. On or about August 26, 1997, Plaintiffs retirement from the United States Army was accepted and thereby made irrevocable. 19. It is believed and, therefore, averred that other commitments made by Nace on behalf of Defendant Breneman and thereafter on behalf of Defendant Westgo have been honored by Defendant Westgo. 20. Plaintiff became aware through independent sources ofNace's commitments to other real estate salespersons and of the fact that Defendant Westgo honored other commitments made by Nace to other salespersons. 21. It is believed and, therefore, averred that at all times relevant hereto' Nace had authority to make incentive offers to real estate salespersons such as the offer made to Plaintiff as hereinbefore described, as well as to contract with real estate salespersons for their services, as Nace did with Plaintiff, on behalf of Defendant Breneman and Defendant Westgo. 22. At all times during these discussions and negotiations, Nace was acting in his capacity as Vice President and agent of Defendant Breneman and as Director of Career Development and agent of Defendant Westgo, with full authority to enter into contracts such as the one at issue herein. 23. At all times relevant hereto, Nace was an agent acting within his scope of authority for Defendant Breneman and, subsequently, Defendant Westgo. 24. At all times during his association with Defendant Westgo, Plaintiff met or exceeded the work hours and other requirements in his contract with Defendant Westgo as outlined in Nace's correspondence of July 25, 1997 covering the period from September 1, 1997 through April 1, 1998. ~'"" 25. For the period from September I, 1997 through April 1, 1998, a period of seven months, Plaintiff was associated with the settlement of six real estate transactions and earned a gross income of $7, 196.78. 26. Based upon the commitment made by Nace in his official capacity as an agent of Defendant Breneman and Defendant Westgo, the additional sum of $7,803.22 is due from Defendant Westgo in order to meet the terms of the contract'between Plaintiff and Defendants. 27. Plaintiff has made repeated requests of Defendant Westgo through its various agents to comply with the terms of the parties' contract" but all such requests have been denied or refused by Defendant Westgo. 28. Plaintiff has no means of making demand upon Defendant Breneman as it is PlaintifPs understanding that Defendant Breneman no longer continues to exist or operate in its corporate capacity. 29. Plaintiff relied, to his detriment, upon the commitment and assurances given by Defendant Breneman and Defendant Westgo through their agent Nace. COUNT I BREACH OF CONTRACT 30. Paragraphs I through 29 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. '--o~'"" _ --;" --' ~ 31. Defendant Westgo' s failure to comply with the terms of the parties' agreement is a breach of the parties' contract. WHEREFORE, Plaintiff demands judgment against Defendant Westgo in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT II ESTOPPEL 32. Paragraphs 1 through 31 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 33. Defendant Westgo is estopped from withdrawing its authority previously extended to their agent, Nace. 34. As Defendant Westgo has honored contractual commitments made by Nace to other real estate salespersons, Defendant Westgo is estopped from failure to comply with the terms of the contract made by its agent, Nace, with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Westgo in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT m DETRIMENTAL RELIANCE 35. Paragraphs 1 through 34 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 36. Plaintiff detrimentally relied upon the contract he entered into with Defendant Westgo through its agent Nace, forma1izing his retirement from the United States Army and committing himself to compliance with the terms of the contract. . ,-," 37. Plaintiff's loss of his status and income with the United States Army is not something which Plaintiff will ever be able to regain. 38. Plaintiff committed more than the contractually agreed upon hours to his profession as a real estate salesperson as required by his contract with Defendant Westgo. 39. Plaintiffs reliance upon his contract with Defendant Westgo was reasonable. WHEREFORE, Plaintiff demands judgment against Defendant Westgo in an amount of $7,803.22, together with costs" interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT IV ATTORNEY'S FEES 40. Paragraphs 1 through 39 of Plaintiffs complaint are incorporated herein by reference as if set forth in their full text. 41. The failure and refusal of Defendant Westgo to meet its contractual obligations and commitments to Plaintiff in and of itself is obdurate, vexatious and obnoxious conduct. 42. Because of Defendant Westgo's conduct, Plaintiff has been required to secure legal counsel to preserve and pursue his claims against Defendant Westgo. 43. Because of Defendant Westgo's conduct, Plaintiff is entitled to compensation for his attorney's fees associated with these proceedings. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant Westgo and/or Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. , -~ -' ! -== COUNT V BREAcIi: OF CONTRACT 44. Paragraphs 1 through 43 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 45. Defendant Breneman's failure to comply with the terms of the parties' agreement is a breach of the parties' contract. WHEREFORE, Plaintiff demands judgment against Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT VI ESTOPPEL 46. Paragraphs 1 through 45 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 47. Defendant Breneman is estopped from withdrawing its authority previously extended to their agent, Nace. 48. As Defendant Breneman has honored contractual commitments made by Nace to other real estate salespersons, Defendant Breneman is estopped from failure to comply with the terms of the contract made by its agent, Nllce, with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Brenaman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. , . COUNT vn DETRIMENTAL RELIANCE 49. Paragraphs 1 through 48 of Plaintiffs complaint are incorporated herein by reference as if set forth in their full text. 50. Plaintiff detrimentally relied upon the contract he entered into with Defendant Brenaman through its agent Nace, formalizing his retirement from the United States Army and committing himself to compliance with the terms of the contract. 51. Plaintiffs loss of his status and income with the United States Army is not something which Plaintiff will ever be able to regain. 52. Plaintiff committed more than the contractually agreed upon hours to his profession as a real estate salesperson as required by his contract with Defendant Breneman. 53. Plaintiff's reliance upon his contract with Defendant Breneman was reasonable. WHEREFORE, Plaintiff demands judgment against Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT vn ATTORNEY'S FEES 54, Paragraphs 1 through 53 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 55. The failure and refusal of Defendant Breneman to meet its contractual obligations and commitments to Plaintiff in and ofitselfis obdurate, vexatious and obnoxious conduct. 56. Because of Defendant Breneman's conduct, Plaintiff has been required to secure legal counsel to preserve and pursue his claims against Defendant Breneman. 57. Because of Defendant Breneman's conduct, Plaintiff is entitled to compensation for his attorney's fees associated with these proceedings. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant Westgo and/or Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. Respectfully submitted, GRIFFIE & ASSOCIATES ~- 20(} North Hanover Street Carlisle, P A 17013 (717)243-5551 (800) 347-5552 , , I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 3k3' !co / / ~~A.,/l~ IRA S. NAIDITCH ,,-"-, ..,-- , ,~ . o UJ :> I' ; l-~-' 11j r~.;- U- ~, ~ ~ ~ '-,"" ,- ('"'! l:-. t.,,"': T ;t~ L'-: . o gJ() t:-:-.. :z.: ..a: (' " - ,~~::~; W"7 "r~ <75,-1 <') o ",..'"~ ~m'II1' \.( \, 0,0 \,\.\ P,~,\ ~ " ,,'- -,-,. --' --', C' -..,/ ".-- , \'7 ,',~ " ~~ ~ ~ ~ ~~'!I~~~~~I;r!l!l;~~I~~~~~~~I!~!~~!,! MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH ISTIl STREET CAMP HILL, P A 17011 PHONE 717-730-7310 FAX 717-730-7374- E-mail: ban1!Slaw<<DnaonJline.oom August 1,2001 VIA FACSIMILE Bradley L. Griffie, Esquire 243-5063 David P. Perkins, Esquire 532-6552 James P. DeAngelo, Esquire 236-9080 Jesse R. Ruhl, Esquire 241-4829 RE: Ira S. Naiditch vs. Westgo II Real Estate, Inc., et al. No. 2000-1920 Civil Dear Counsel: This letter is to confirm that the arbitration in the above matter has been scheduled for Wednesday, August 29,2001, at 9:00 a.m. Very truly yours, Michael L. Bangs wsc cc: Court Administrator > -- ."--,-",'.,.,- ___''C_,, -~". . " "" .' "_0 - .( MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: 7)-( ---Q( TO: ~ilWl ~JJ NUMBER OF SHEETS: (including cover) 2- FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALL Y PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR "'1<._ . ~ . " NO. OTHER FACSIMILE 01 2414829 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Aug. 01 02:47PM 01'25 SND TO l'I.R-I OFF REPORT, PRESS MENU 1104 SET. THEN SELECT OFF BY USIi'Ii JOG-DIAL. Aug. 01 2001 02:49PM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 02 OK FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1--B00-HaP-FAX (435-7329). " - I ~ " MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com TO: FACSIMILE COVER SHEET 8-l-QC NUMBER OF SHEETS: (including cover) FAX NO.: <<.31-.'7300 2- REFERENCE/SPECIAL INST This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying ofthis facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU, ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR -"'" - NO. OTHER FRCSIMILE 01 2375300 YOUR LOGO YOUR FRX NO. STRRT TIME USRGE TIME MODE Rug. 01 02:45PM 01'13 SND TO TURN OFF R8'0RT, PRESS MENU 1104 SET. THEN SELECT OFF BY USIH3 JOG-DIRL. Rug. 01 2001 02:47PM BRNGS LRW OFFICE 717+730+7310 PRGES RESULT 02 OK FOR FAX RDVANTAGE RSSISTANCE, PLERSE CALL 1-800-HELP-FRX (435-7329). "'= 'r ,~ - .. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: <3 - t -01 TO:DvJ ~Jlit NUMBER OF SHEETS: (including cover) 2- FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR SEI iI'IIIG F'EF [1FT NO. OTHER FACSIMILE 01 2435063 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Aug. 01 02:43PM 01'24 SND TO TURN OFF REPORT, PRESS MENU 1104 SET. TI-EN SB..ECT OFF BY USING JOG-DIAL. Aug. 01 2001 02:44PM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 02 OK FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329), ,',0.", , t< MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: g-( -()( TO: ~UQ ilA.~ij~t NUMBER OF SHEETS: (including cover) 2- FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you, IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR =EIII' I III~ FEF'DF I NO. OTHER FACSIMILE 01 5326552 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Aug. 01 02:41PM 01'23 SND TO TURN OFF REPCRf. PRESS MENU lI04 SET. THEN saECT OFF BY USING JOG-DIFL. Aug. 01 2001 02:42PM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 02 OK ,FOR FAX ADVANTAGE ASSISTANCE. PLEASE CALL i-800-HELP-FAX (435-7329). """j, .. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, P A 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com DATE: FACSIMILE COVER SHEET 0-( --0 ( NUMBER OF SHEETS: (including cover) 2 TO: FAX NO.: REFERENCE/S AL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEG ALL Y PRlVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERA TOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORlGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERA TOR ,.,.",~ - . . Aug. 01 2001 02:26PM YOUR LOGO BANGS LAW OFFICE YOUR FAX NO. 717+730+7310 NO. OTHER FACSIMILE 01 2406460 START TIME USAGE TIME MODE Aug. 01 02:25PM 01'18 SND PAGES RESULT 02 OK TO TURN OFF REPORT. PRESS i'ENU 1:104 SET. THEN SELECT OFF BY USING JOG-DIAL. FOR FAX ADVANTAGE FlSSISTANCE. PLEASE CALL 1-800-HELP--FAX (435-7329). <"'~ MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374- E-mail: bangslawl1iJDaonline.com June 11,2001 VIA FACSIMILE Bradley L. Griffie, Esquire 243-5063 David P. Perkins, Esquire 532-6552 David E. Lehman, Esquire James P. DeAngelo, Esquire Debra P. Fourlas, Esquire 236-9080 Jesse R. Ruhl, Esquire 241-4829 RE: Ira S Naiditch vs. Westgo II Real Estate, Inc., et al. No. 2000-1920 Civil Dear Counsel: Thank you for responding to my previous fax regarding the scheduling of the above- referenced matter. Unfortunately, the only month that was available on all schedules was August. I would propose we schedule the arbitration for Wednesday, August 29, 2001, at 9:00 a.m. Kindly call my secretary and advise me ifthe date and time are acceptable. Very truly yours, ~0\lhAn J h M"""I't'1~ ' I ~Mc wsc Enclosure ',Z;" " ,- , ^ _ - o~" ,,"_ _,~ ,,^- ~,~ 7 .,., ,"' - ,- ,-. ,'",,-'- .,,, ','-'~ - ~" '-"-- ., NO. OTHER FACSIMILE 01 2414829 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Jun. 11 11:18AM 01'28 SND TO TURN OFF REPORT, PRESS MENU tI04 SET. THEN SELECT OFF BY USING JOG-DIAL. Jun. 11 2001 11:20AM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 02 OK FOR FAX ADVANTAGE ASSISTANCE. PLEASE CALL 1-800-HELP-FAX (435-7329), ':" , "! , MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, P A 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com DATE: ~/u TO:~~ FACSIMILE COVER SHEET NUMBER OF SHEETS: (including cover) c:Q FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies, Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR - YOUR LOGO YOUR FAX HO. HO. OTHER FACSIMILE 01 5326552 START TIME USAGE TIME MODE Jun. 11 11:16AM 01'23 SHD TO TURH OFF REPORT, PRESS MENU 1104 SET. THEN SB..ECT OFF BY USIHG JOG-DIl'll. Jun. 11 2001 11:17AM BAHGS LAW OFFICE 717+730+7310 PAGES RESULT 02 OK FOR FAX AIlVI'IHTAGE ASS I STAME , PLEASE CALL 1-800-HELP-FAX (435-7329), , , If. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com DATE: ~~(( TO:'~/ ~ FACSIMILE COVER SHEET NUMBER OF SHEETS: (including cover) 2 FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR -'",," NO. OTHER FACSIMILE 01 2375259 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Jun. 11 11: 13AM 01' 25 SND TO TURN OFF REPORT, PRESS MENU 1104 SET. THEN SELECT OFF BY USING JOG-DIAL. Jun. 11 2001 11: 15AM BANGS LAlJ OFF I CE 717+730+7310 PAGES RESULT 02 OK FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). -- <- .~-" If. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: &-\( TO: -k~ ~~ NUMBER OF SHEETS: (including cover) 2- FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR :;;-- ~ . . NO. OTHER FACSIMILE 01 2435063 YOUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Jun. 11 11: 12AM 00' 51 SND TO TURN OFF REPORT, PRESS MENU 1104 SET. THEN SELECT OFF BY USING JOG-DIAL Jun. 11 2001 11:12AM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 01 OK FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). ~'" ,"" ., .. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18111 STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: bangslawlalnaonline.com May 11,2001 VIA FACSIMILE Bradley L. Griffie, Esquire 243-5063 David P. Perkins, Esquire 532-6552 David E. Lehman, Esquire James P. DeAngelo, Esquire Debra P. Fourlas, Esquire 236-9080 Jesse R. Ruhl, Esquire 241-4829 RE: Ira S. Naiditch vs. Westgo II Real Estate, Inc., et al. No. 2000-1920 Civil Dear Counsel: I have been appointed Arbitration Chairman in the above-referenced matter. Enclosed you will find calendars for the months of June, July and August, 2001. Kindly check your schedules and either call my paralegal, Wendy, or return tlte calendars to me indicating what days you are available for tlte arbitration. I will then schedule tlte hearing and advise all parties of tlte date and time for tlte hearing. If you have any questions in tlte meantime, you may contact eitlter myself or my paralegal, Wendy, at tlte number listed above. Very truly yours, Michael 1. Bangs wsc ," 'cn, .___,__ ^>- _c.'.'" .,__ "~'* N/A Sun 3 ]0 ]7 24 Mon 4 ]] 25 June 2001 Tue 5 ]2 ]9 X 26 Wed 6 "x 27 Thu Fri Sat . .. 8 9 ]6 23 x 29 30 - .'~b!!"::o.TT~'~'~--, ,,_~,.__,_~_~~_n~, ,__~~_ - - _~__________________ - __ n___________________"_._._n______~__n.______ _~__ - - ---_..::..;:~.,..C"=.JO-_::,, _c==-'-"':;:.=:-o-"'--'---o=.,--~_,"==.=~~",''___~'''''__'''=,='__~~~=o,''~'i5ie.'C~"'''''''''..,,_"'',,- -----__ ----- _n____________ ___ ____,~_ n'_~'~__~ ________n__~~__ ______ _ July 200 1 29 Sun ] 8 ]5 22 Mon 2 9 ]6 23 30 Tue Wed 3 4 10 ]] 17 ]8 24 25 3] Thu 5 ]2 26 Fri 6 13 27 Sat . J. 7 14 2] 28 -,_:_'----"'e'~. ,"'" August 2001 Sun Mon Tue Wed Thu Fri Sat - .. ] 2 3 4 5 6 7 8 9 ]0 ]] ]2 ]3 14 ]5 ]6 ]7 ]8 ]9 20 2] 22 23 24 25 26 27 28 29 30 3] " . CEII[JIIII~ PEFDF'T May. 11 2001 03:49PM YOUR LOGO BANGS LAW OFFICE YOUR FAX NO. 717+730+7310 NO. OTHER FACSIMILE 01 2375300 START TIME USAGE TIME MODE May. 11 03:47PM 02'29 SND PAGES RESULT 05 OK TO TURN OFF REPORT, PRESS MENU 1104 SET. TI-EN SELECT OFF BY USING JOG-DIAL. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). <~ ~ .~-"". .' . . . .< MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, P A 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET 5-/( TO:~ !~ s- DATE: NUMBER OF SHEETS: (including cover) FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALL Y PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERA TOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR ,. ~, " ..k' . NO. OTHER FACSIMILE 01 2435063 : ,(OUR LOGO YOUR FAX NO. START TIME USAGE TIME MODE Ma~. 11 03:21PM 03'06 SND TO TURN OFF REPORT, PRESS MENU 1104 SET, THEN SELECT OFF BY USING JOG-DIAL, Ma~, 11 2001 03:24PM BANGS LAW OFFICE 717+730+7310 PAGES RESULT 05 OK FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329), "'''''''''''' -~ ~~. If. : MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, P A 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET 5--./ { TO:~~ NUMBER OF SHEETS: (including cover) ;5 DATE: FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified tltat any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERATOR -:t'~,~ , ~ ~ ~ CEIIDIIII~ FEFOFT May. 11 2001 03:35PM YOUR LOGO BANGS LAW OFFICE YOUR FAX NO, 717+730+7310 NO. OTHER FACSIMILE 01 2414829 START TI 11E USAGE TI ME MODE May, 1103:32PM 03'15 SND PAGES RESULT 05 OK TO TURN OFF REPORT, PRESS MENU Il04 SET, THEN SELECT OFF BY USING JOG-DIAL. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HaP-FAX (435-7329). ; ~ " t . -, MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE: 717-730-7310 FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: t1L NUMBER OF SHEETS: (including cover) s- TO: FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERA TOR ~- " C.Ellr'IIIC, PEFnFT YOUR LOGO YOUR FAX NO. Ma~. 11 2001 03:31PM BANGS LAW OFFICE 717+730+7310 NO. OTHER FACSIMILE 01 5326552 START TI ME USAGE TI ME MODE Ma~. 11 03:28PM 03'05 SND PAGES RESULT 05 OK TO TLI<N OFF REPORT. PRESS MENU Il04 SET, TI-EN SELECT OFF BY USING JOG-DII'L. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329), ., - t . MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, P A 17011 PHONE: 717c730-731O FAX: 717-730-7374 E-mail: bangslaw@paonline.com FACSIMILE COVER SHEET DATE: 6-/1 TO:~~ NUMBER OF SHEETS: (including cover) ~ FAX NO.: REFERENCE/SPECIAL INSTRUCTIONS: This facsimile communication contains CONFIDENTIAL INFORMATION, which may also be LEG ALL Y PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. IF YOU EXPERIENCE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE MACHINE OPERATOR LISTED BELOW. THANK YOU. ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. MACHINE OPERA TOR -:"'1" ,~ . ..-' 05-11-2001 04:32PM FROM GRIFF!E & ASSOCIATES TO : \J.KllI~lli & A~:SULIAIE~ Attorneys and Counselors At Law 7307374 P. 01 adleyL Grlffie, Esquire Mluyl!ill MallIS; Eaquire 1OllN___ CulIoIe,PA 17013 (717) ~1 1(3llO)J47-S5S2 , RObill J, GcshUrD -. ~ A.Jiutlmt ....... cutiN. : , i, CQNEJ])E~],la!JTY NOTICE 3B NoM1b Mala S4nd: ""- . ,.bu%t. PA 11101 (717).1lI7-~ :P..(11'1)~ , :,' THrSfACSIMILE TRANSMISSION IS INTENDED 0"/111. Y FOR THE , 'USE OF T~ INDIVIDUAl OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY qONTAlN CONFIDENTIAL It-.'FOR1\1ATION B,ELONGING to THE SENDER WHICH IS PROTECTED' BY ATTOR:'iEY -CLIENT PRNILEGE. ; IF YOU ARE NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED TH..A.T ANY DISCLOSURE, COPYING. 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[-, IS' "- " r- ,.., r- :;>j r- ~ (j) W I- <I ~ U CO (j) lj! "" W LL LL IX l'1 ~ E. IX. U IE ,., ,.., " IS) '"' IS) IS) ('IJ , ~, I~ If) IS) \ Sun I II IS :a 111 Mon 2 July 2001 Tue J , 16 .... n;X( ~ JO JI ..,..... - --- _'_,_ .' _______ ___ n______ ..... _~___ ._ .,. S )< 11 . X ><~X~ ... ..><.~ Wed 18 Tllu Fri (f l2 1$ . ----..... .... .----...--.------.-...-, _.._._--_.~...._,- Sat 1 1-1 I I 1 I -r-- I . ~ i ! ~ ~ iii Jl .~ ~ i iiI 19 , .... ~ .1 e ._~. 1 ~ August 200 1 .,," ~i J.'. ~ &l~ D- " rc f"J rc Q I") " Sun Mon Tue Wed Thu Fit Sat i .~ ~ 0 f- ~ j of 7 9 14J JI P co LlI ;:.! f- a: i u 0 If) g> 12 19 14 IS Iii 17 II '9 "" G> LlI li '" lO E. 19 2/J 21 n JJ 24 Jj I lY LL .. .. >:: .. .., D- " n " el "', :l6 21 211 19 30 91 i '" n - ---._- --- Q IS) '!' ~, 31 ~, . If) is> .' __ _v ~._ ---, . \ .2 1 4 05/14/2001 13:20 FAX 7172375300 McNees ~811ace & Nur1ck ~ 002/005 MCNEES, WALLACE & NURICK ATTORNEYS AT LAW 100 PINE $T~ItET Lf'. o. eox IIGG HARRISBURG, PA 17108 -1166 Ti.I.EP-kOHtI7171232~a()OO F~ 1711Ul37 .5.300 I1t111~Jwww.mwn..om JAMES P. DeANoELO OlRECT iJlAL; (717) 237-5410 E-MAIL Aoo~:JDeANt;:lI!L.@MVVN.COM May 14, 2001 VIA FAX Michael L, Bangs, Esquire 302 South 1alh Street Camp Hill, PA 17011 Ft.: Naklltch v. Westgo II Real E:$tate, Inc.. et al. C.P. Cumber1and No. 00-1920 Dear Mike: This responds to your scheduling request I have gone through my calendar and marked the days I am not available on the calendars you provided, Sincerely. McNEES, WALLACE & NURICK 9; By James P. DeAngelo JPD/mcl!! Endosure . COLUMBUS, OH . WASHINGTON, D.C. . '.."'IllMI ~~mil x-=: Al/A <> '" ." , ' (ll" .... ,,," 3' " ,~ <> June 2001 ~ ,,,, .... .... 00 .. E '" .... .." " > ::J H " fil ,- " Sun Mon Tue Wed Too Fri Sat '" '" ... '" 2 '" <> <> ~ 1 4 6 ,P ~ ;:;s;: " ! '" (\) (\) '" -oJ ., ~ ~I 0> ~ .... l-' i!l 10 "x I~ ;:l ,~ ~ ,.. '" ~ .., " "" 17 18 19 :i() 21 23 if X X >< 'I' X ~ ~ III III ~ u ffi 18 X .. - - ----- - " ~ ~ ,~ ~ <> ' '" .. '. <> '" '" Sun IlIIon 0 ~ '" ,"" ... .. "" o' '" July 2001 0 ~ 0 ... ... '" ~ " ... ~ "' g; - ... 0 ... m ... TUB Wed Thu FrI Sat '" '" ... '" -4 1 '" 0 )< 0 i ~ 11 1Z IJ U P i'l' X " '" '" .. " p .. ~ " ~ ,... " '0 ~ x >>x 21 ;;[ '" ... '" '" ... " .., ,~ 0 '" 2$ M 21 28 iJ} X '!' ... ... !l: '" ... '" '" ... 10 " ::< ~ E- o '" ... .; '" ~, t 8 9 IfJ 15 16 21 23 14 X 2J1 ~ s A- II z '" p n '.. <> <> '" . ------..;;J .. ~ :l! ,.. .... ,.... I;:l '" (l 12 /8 ~ III (.oJ .. .. co "" " .., .. " x i9 24 15 iil' 'F ... ... -+ ~ .. '" 26 27 28 29 ,0 - 31 \'! ~ I 3- I!l;J \ " '" '" 0 I '" '. 0 '" , '" 0 '" '" '. ~, ,.. .. '. .. '" August 2001 '" I '" ,.... ,.... tJ) .. r ..., ~ ,.... I 'il ;:! '" ,.., frl .... ,.... .... Sun lIIIon rue Wed Thu Fri Sat ..., '" .... '" >I '" '" c 05/14/2001 13:20 FAX 7172375300 McNees Wallace & Nur1ck 'itJ00l/005 McNEES, WALLACE & NURICK Attorneys at Law 100 PinEl Stteet P.O. Box 1166 Harrisburg, PA 1710S-1166 Telaphone: (717) 232-8000 www_mwn.com Routing #134 Client #1 ea08-1 FAX COVER LETTER DATE: May 14, 2001 PLEASE DELIVER THE FOLLOWING PAGES: TO: Michael l. Bangs FAX: 730-7374 FROM: James P. DeAngelo Direct Dial: (717) 237-5470 : TOTAL NUMBER OF PAGES, INCLUDING THIS COVER LElTER: 5 MESSAGE: FAX NUMBER: (717) 237-5300 SECRETARY RESPONSIBLE: Michelle Armour FAX OPERATOR: (717) 237"5259 TELEPHONE: (717) 237-5308 ......CONFIDENTIALITY NOTE...... The information and documents accompanying this transmissIon contain InlormaBon from lhelaw firm 01 McNees, Wallsce & Nurick which Is confidenBal and/or legally privUaglld, The Information is Inter'ided solely for the use ofthe indIvlduel or entity nemed on lhis trsnsminion sheet. If you are not the designated recipient )OU are hereby notified that any disclol5Ure, copying. disbibution or takin. 01 any action In rell"""e on the contents 01 this Information Is , prohibited. If you have received this trsnsmiosion in arror. please notify us by telephone Immediately so that we can arrange tor lhellllum oflha oIiginal documanlllto us at no COSllo)Ou and with reilflbursemanlfor oosl you may have Inou/II'Gd in reOpQnding \0 thilo notlllcation, i ! YAY-:~-C~ p~: ~~:53 AN: rr~\~ Dbyvr:v,,\ 'OTT!.fT ~"'Q . ..JI.-I.-~ )..,. . ".I.-.\M' ... ..-'I.'\) , THE LAW OFF1Cl'1l OF JESSE RAYMOND RUm. May 18, 2001 Michael L. Bangs Attorney at Law 302 South 1811> Street Camp Hill. PA 17011 Dear Michael: FAX ~W. 7~'7 I ~ I 2Ll 482? 36 S. Hanov", Str..' P.O. Box \319 Carlisle. PA 17013 (717) 24[.4813 Fax: (117) 241.4829 Licen.ed in PA and MD fU\1iNtOAly I am available to serve llS an arbitrator on this case on the following dates: July 9, 10, 16, 17,24,25 and 26. I trust we can schedule the hearing on one of these days. JRRIcdg \\Ptl3\4ti1l ~1dw.a\t.eflP.ilb,wpd <;,ij "I, " 0 t. L. -' J -" , o . ~-1 "~__~,,~r~~~<M~" < - ~ . I :;,"'_0, r~nM~~J.~"_!!]~"'flfl!"",'~:W~~""~!Jmm~~~~!IMlIjI!lJllJlllfl!~.rl!! "',,:; 14 01 09: l7" Wei~le, Pe~kin5 and Assoe C71'7) 532-6552 f'. 1 . WEIGLE, PERKINS & ASSOCIATES Attorneys-at-Law 126 "AST KING STREET SHIPPENS8l1IlG, PENNSYLVANIA 17ZS7-1J07 JERRY A. WEIGLE DA YID P. PEJ<1(INS A~llJdlllte JOSEPH P. RUANE TELli:PHONE (717) S3Z-1388 or (717) 776-4295 FAX (717) SJ2-6S51 FROM: _ JERRY A. WEIGLE, ESQUIRE .L.. DAVID P. PERKINS, ESQUIRE _ JOSEPH P. RUANE, ESQUIRE _ LINDA KLEJN, LEGAL ASSISTANT _ RHONDA WOLFORD, BOOKKEEPER _ PATTIE TOME, SECRETARY _ JACKIE MOOSE, RECEPTIONIST To: MICHAEL L. BANGS, ESQ, COMPANY: AODRESS:302 S 18TH ST CAMP HILL, PA 17011 FAX No: 730-7374 TOTAL NUMBER OF PAGES: 4 Re: NAlDITCH V5. WESTGO ARBITRATION DATE: MONDAY, MAY 14, 2001 MESSAGE: As REQUESTED, WE HAVE MARKED WITH AN "X" THE DATES THAT DO NOT SUIT. CONTACT ME TO CONFIRM THE HEARING DATE AND n'1E. PLEAS1 I L IF YOU DO NOT RECEIVE A COMPLETE AND LEGI8LE COPY OF THIS TRANSMISSION, PLEASE CAl.L (717)532-7388. COW..lDENTIAI..rrY NOTICe: THe DOCUMENTS ACCOMPANYING THIS FAX iRANSMI5S10N MAY CONTAiN CONFlOer~i1At. lNFDRMA.TION. ALL INFORMA1'10N 'TMNSMrnED 15 INTENDED ONlV FOR THE us!: OF THE: ABOVE- !\lAMeD REOPIENT, IF YOU ARE tiOTThf NAMED RECIPiENTi YOU ARE NOT AUTHORIZED TO READ, DlSCl.O$E, COPY, C!STYUBUTE, OR TAKe Atff ACTION IN REUANCE UPON TIlE INFORMATlOl~1 AND ANY ACTION OTHEA: THAN IMMEDIATE DeUVERY TO THE NAMED REOnEI'fT IS STIUCTLY PROHIBITED. IF YOU HAVE !\ECBVfO THIS FAX IN ERROR, DO NOi READ "'THE INFORMATION, AND PLEASE IMMED]A1ELv NOTIFY seNDER. BY TELEPHONE TO ARRANGE FOR. A RETURN OF THE ORIGINAL DOCUMENT!;. IF YOU ARE THE NM'IED kEClPIENT, YOU ARE NOT AUTHOIUZED TO REVEAL ANY OF THIS 1I\:FOR,.,A110N TO ANY OTHER U\lAU7HORlZEO peRSON, AND ARE HEREBY INSTRUCTED TO DE:STROY THE lNFOJ:\MATroN WHEN NO l.ONGER Ni;:fOfO. IF YOU DID NOT RECEIVE AL.L PAGES LISTED OR IF PAGES ARE: Nor lEGIBLE, ~l..EASE IMMEDIATEI..Y NOTIFY SENCER BY PUONE. ORIGINAL WILL NOT FOLLOW IN MAIL ~~ 0 -- , I I *NIA June 2001 Sun Sat J JO 17 - u Mort Tue Wed .f $ 6 Thu Fri 1 II 9 I I U U M I XI /8 19 20 i/ 11 I ZJ ----] xxxx I I n)( U)( i')( X )cr-: J . ___-L- ~_ I_.__~J u-+-+- IX .' .~ OJ ". t( ;c' 0 ,~ '" .. '" 0 ~ ,... '" 0 r 'D 1> .. " ,- ~ -.J " " " m EO 10 I'''' .. .... 10 . " " l1 .. , ~ 7' ~. .. :I .. -.J ~ .. -.J :!j :I i;i n. + J) .... \A .. ~ .. '" 0 " - " ~ :I -J w ~ 'F ~ CJ1 - W ~ ..., p <1l CJ1 ~ CJ1 ..., N ~ " \A -. . ..., ~ Sun I IJ ~- 22 --- Z'I July 2001 Mon Tue 2 )( 3 9 fa /6 2J ~-- x" 30 31 Wed 17 25 ---I _J_ I . Ln :< >I' '" 0.0: 3: ~ ~ ; r 0 ~ (Jl ~ :. ." '" ~ Bl m Sat 7 .- " ~, .. ~ " ." ]) x '1l P ~ ~ ,. ~. ,I OJ '::; .. + oJ '" ~ OJ .t "- ,. ~ on '" to .. o " ~ ::I .." .' ~ f .." ~ ~ ~ ~ tI1 w '" ~ 1 " Ol \'i tI1 '" tI1 ~ f\l f! ... W August 2001 Sun MOD Tue Wed Thu Sat Fri ; 1 2 J 4 . . I I ------ I -,--- - -~l 5 6 1 8 9 10 11 I I I I I I i 1--- 12 11 U IJ 16 17 /8 , I I I --- ------- ---- ~ 19 20 1/ 21 ]J U 25 I I I I 2. 27 18 29 JO JI \ I I __------.-J , :;: " 01 >J- . (( S! ~ .. If: 0 m ~ r 0 l! '" 0 .. '. -.; CD n '" m E: '" ~. '" ~ '" . " D X lJ z: '" p , l' ~. --J " ~ .. +' 01 ..j (.oJ ::J '" a. ~ '" (.oJ J) ~ IS) .. .. 0 0 W " ~ 'f " ~ ~ ~ '" ~ w N ~ I '" m ':'! '" OJ '" ~ III ~ -u '" " , ... " ~ IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW WESTGO II. REAL ESTATE, INC. : NO. 00-1920 t/dlb/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. t/dIb/a CENTURY 21 BRENEMANAND ASSOCIATES, Defendants ORDER OF COURT AND NOW, THIS ~() f+dayof ~A/~ the foregoing Petition: t;~$Jf!;~ ,2001, in consideration of : Esqu~e EsqUIre -IN' 7f;/.,(/ ,- are appoint arbitrators in the above-captioned action as prayed for. BY~p 'r, _~_:_ "_"_:~'l:,,,,~~__,~;,,~.'_,~,'F_,^.,"_e<,,,""',,"_"'q __1--'=,- i~ii.~, '-'.-.IIIIi__~m~~~ltiWf5lil;i- ~_"TIt , pH n " ~ ,~." ~',' - OF \"'\ c'r-,~:>=ciCE ,-u:, ~"'^' ,,,"C,.ny t'r~!.\-I'\,i' ;:\iutf"\n "-":",,.,,, 0\ l'iMt 21 l\l.\ 912.1 CU"'DCi'I' c..:-',u-' COUN1Y IV\I,)' 1\\-0 ",-, PE!\INSYLVANIA t ~\, ' \ ., 'i"_ 4", '1 \ .... \ \ : ~ '1 \_ :~ " .;. ~~.. " ','{ ....,<~)v\,,~ ,~ ~ . , ,~ II , ~ , IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW WESTGO II. REAL ESTATE, INC. : NO. 00-1920 t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. t/dJb/a CENTURY 21 BRENEMAN AND ASSOCIATES, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS . TO THE JUDGES OF SAID COURT: Bradley L. Griffie, Esquire, counsel for Plaintiff, Ira S. Naiditch, in tlte above- captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in tlte amount of $7,803.22, plus costs and attorney's fees. The following attorneys are interested in tlte case as counselor are otlterwise disqualified to sit as arbitrators: None The undersigned shall cause this notice to be served upon counsel for the Defendant, David E. Lehman, Esquire, James P. DeAngelo, Esquire, and Debra P. Fourlas, Esquire, within two days oftlte filing ofthe same. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, - '". "':; "_'__'"~_ '-__..",')__~,'.,,'.,."-," < "~"t"",-,""- _~_"'., . _ , ., ",. _ " _ ..,.. m - . 1'/ J~l~ll!-,~ 1 ' ~-- ~ " .. . 0 0 e- n -- ~._..} -Cas - '1 -.:!~- [llrr, );:"'" "-;-' ;::.u ::',___...J <i ,- ~"-'-': to . :'I~i rSk C} ~....J (-, ~() , -<.. ~ ,-'" jj SO fS5 -:,.::' C) ~ ';'r; W .::'.' .~~: tn :.tJ --< ,l"!~l"",,~,~""" ''If'j''''.~~!II!' . IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1920 CIVIL TERM WESTGO II. REAL ESTATE, INC. : t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. t/d/b/a CENTURY 21 BRENAMAN AND : CIVIL ACTION - LAW ASSOCIATES, Defendants ANSWERS TO DEFENDANT WESTGO II REAL ESTATE. INC.. t/d/b/a COLDWELL HOMESALESERVlCES GROUP'S INTERROGATORIES DIRECTED TO PLAINTIFF (FIRST SET) ""'*,-" , '. . . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRA S. NAIDITCH, v. NO. 00-1920 CIVIL TERM WESTGO II. REAL ESTATE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIA TES, CIVIL ACTION - LAW Defendants DEFENDANT WESTGO II REAL ESTATE, INC" t/d/b/a COLDWEll HOMESAlE SERVICES GROUP'S INTERROGATORIES DIRECTED TO PLAINTIFF (FIRST SET! TO: IRA S. NAIDITCH and BRADLEY L. GRIFFIE, ESQUIRE, his attorney: PLEASE TAKE NOTICE that you are hereby required pursuant to Pa. R.C.P. 4001, 4003,1, -.3, -.4, -.5, 4005 and 4006 to serve upon the undersigned, within thirty (30) days from service hereof, your answers in writing and under oath to the following interrogatories. These interrogatories shall be deemed to be continuing interrogatories. If, between the time of your answers to these interrogatories and the time of trial of this action, you or anyone acting on your behalf learns the identity or whereabouts of any other witnesses not identified in this set of answers, or if you or anyone acting on your behalf obtains or becomes aware of additional information requested and not supplied in your answers, you shall promptly furnish the same to the undersigned by supplemental answers. These interrogatories are "f" ~. , . . addressed to you as a party and your answers shall be based upon information known to you, to your attorney, or to other representatives of you. DEFINITIONS AND INSTRUCTIONS A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded material, however produced or reproduced and however formal or informal. B. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: 1 . The nature of the document (e.g" letter, memorandum, computer printout, minutes, resolutions, tape recording, etc,); 2. Its date or, if it bears no date, the date upon which it was prepared; 3. The name, address, employer and position of signer of the document or, if there is no signer, of the person who prepared it; 4. The name, address, employer and position of the person, if any, to whom the document was sent; 5. If you have possession, custody or control of the document, the location and designation of a place or file in which it is contained, and the name, address and position of the person having custody of the document; 2 ~r ,-- . . . " 6. If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; 7. A brief description of the subject matter of such document. C. Whenever you are asked to "identify. an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: 1. The means of communication (e,g., telephone, personal conversation, etc,); 2. Where it took place; 3. Its date; 4. The names, addresses, employers and positions of all persons who participated in the communications or who were present or overheard in the communications; 5. The substance of what was said and the order in which it was said; 6. Whether the communication or any part thereof is recorded, described or referred to in any document and, if so, the identification of such document in the manner described above. 3 ["ill ~ _ , .. " '. D. If you claim that the subject matter of the document or oral communication is privileged, you need not set forth a brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged, E. Whenever you are asked to "identify" a person, the following information should be provided: 1. The name, present address, employer and position of the person; 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement, whether oral, written or otherwise, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement presently is located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. 4 ::'-~. --'''1 0, '. F. As used herein, the term "statement" means the following: 1 . A written statement signed or otherwise adopted or approved by the person making it; 2. Stenographic, mechanical, electrical or other recording, or a transcription thereof, such as a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. G. The term "you" or " Plaintiff" shall be deemed to mean and refer to the Plaintiff, Ira S. Naiditch, his agents and/or representatives, H. The term "Coldwell Banker" shall be deemed to mean Defendant Westgo II Real Estate, Inc., t/d/b/a Coldwell Homesale Services Group. I. In each instance when an interrogatory is answered upon information and belief, you are to set forth the basis of such information and belief. J. In each instance where you deny knowledge or information sufficient to answer the interrogatory, you are to set forth the name and address of each person, if any, who is known by you to possess such knowledge or information, K, In each instance where you aver insufficient knowledge or information as a ground for not providing information or for providing only a portion of the information requested by any interrogatory, you are to set forth a description of the efforts made by you and anyone acting on your behalf to locate the information necessary for such answer. 5 ~"r:_ 0 ,",<- Ii" INTERROGATORIES: 1 . Identify each and every communication which you contend occurred between you and any representative of Defendant Breneman relating to negotiation of the terms of your employment as a real estate salesperson, For each communication, state: a. The date and, if applicable, time of the communication; b. The full name and address of the person with whom the communication took place; c. The substance of the communication; d. Any documentary evidence relating to the communication. a. July 16, 1997 b. Kirk L. Nace, Vice President, Century 21 Breneman Associates, Inc., 5001 Carlisle Pike, Mechanicsburg, PA 17055. c. 'l'his was the initial interview with a representative from Century 21 Breneman Associates, Inc. wherein there was discussion- relative to the organization itself, traiI1ing available for associates, compensation, and expectations of prospective associates. d. See attached Exhibit 1, being ==espondence from Plaintiff to Kirk L. Nace =nfirming the meeting referenced herein. a. July 25, 1997 b. Kirk L. Nace, Vice President, Century 21 Breneman Associates, Inc,. 5001 Carlisle Pike, Mechanicsburg, PA 17055 c. See=rrespondence dated July 25, 1997, attached hereto as Exhibit 4. d. See ==espondence dated July 25, 1997, attached hereto as Exhibit it. 6 " ~ ". I 2, Identify each and every communication which you contend occurred between you and any representative of Defendant Coldwell Banker relating to negotiation of the terms of your employment as a real estate salesperson. For each communication, state: a. The date and, if applicable, time of the communication; b. The full name and address of the person with whom the communication took place; c. The substance of the communication; d, Any documentary evidence relating to the communication. Subsequent to the purchase, takeover, merger or consolidation of Defendant Coldwell Banker and Defendant Breneman, tltere were no additional negotiations relative to the terms ofPlaintifI's association with Defendant Coldwell Banker as a sales person. Plaintiff was a real estate sales person with Defendant Coldwell Banker, who was treated as all other sale persons previously associated with Defendant Breneman at the time of the aforesaid purchase, takeover, merger or consolidation, providing business cards to the Plaintiff and otherwise welcoming him as a sales person. Through telephone communication between Plaintiff and Nace on or about August 21, 1997, at approximately 8:15 a.m., Nace confirmed tltat his continued authority to make and enforce offers that he had made initially via his position with Defendant Breneman, despite the purchase of Defendant Breneman by Defendant Coldwell Banker. Nace confirmed his ongoing position with Defendant Coldwell Banker and the authority to reaffirm prior commitments made to sales persons such as Plaintiff. 7 "Ii' , "- -~ .-- ,~ 'f'~ J 3. State the date and describe the substance of the alleged contact with Nace which is the subject of paragraph 11 of the Complaint. On July 29, 1997, Plaintiff and Nace discussed such issues as the Plaintiff's inability to work a specific number of hours on specific days as suggested in Nace's correspondence of July 25, 1997. In that conversation, Nace explained that it was not the hours per day that were actually relevant, but the total number of hours over time, such as during a week, that would be relevant to the ability for Plaintiff to produce as Nace indicated could be accomplished. Nace made it exceedingly clear to Plaintiff that the hours per day would have no impact upon the offer made in Nace 's correspondence of July 25, 1997. See attached Exhibit 5, being written confinuation from Plaintiff to Nace regarding the discussions of the same date. 4. State the date and describe the substance of the alleged contact with Nace which is the subject of paragraph 14 of the Complaint. At approximately 8:15 a.m. on August 21, 1997, after Plaintiff read a newspaper article infonning the public that Coldwell Banker Homesale Services Group had purchased Century 21 Breneman Associates, Inc., Plaintiff contacted Nace to determine the impact of that arrangement on Plaintiff's acceptance of a position as a sales person with Defendant Breneman. Nace confinned for Plaintiff that the prior commitments made on behalf of Defendant Breneman would be supported by Defendant Coldwell Banker. Nace confinned that he had the same authority with Defendant Coldwell Banker as he had with Defendant Breneman relative to honoring these commitments. See attached Exhibit 6, being the newspaper article of August 20, 1997, which alerted Plaintiff to the purchase of Defendant Breneman by Defendant Coldwell Banker. See attached Exhibit 'J" being notes made by Plaintiff at the time of his conversation with Nace as referenced herein. 8 , " ~~ . I' ". 5. Identify each fact which you contend supports your averment in paragraph 13 of the Complaint that "Breneman was purchased or otherwise became a part of" Coldwell Banker. For each such fact, identify: a. The source of your information concerning said fact; b. The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact. a. The newspaper article appearing in the business section of the Patriot News on Wednesday, August 20, 1997. b. Pat Carrol, the author of too article. c. See attached Exhibit 6. a. Letter from Kirk L. Nace, undated, but written on approximately November.. 1, 1999. b. Kirk L. Nace, 214 Towpath Road, Duncannon, PA 17020. c. See attached Exhibit iE. a. Leon J. Brisson, undated correspondence believed to be written on approximately May 21, 2000. b. Leon J. Brisson, specific address unknown. c. See attached Exhibit 2. 9 6. Identify each fact which you contend supports your averment that Nace had authority to commit Coldwell Banker to any employment decision, For each such fact, identify: a. The source of your information concerning said fact; b. The full name and address of every person having knowledge or information relating to said fact; c, Any document which you contend supports said fact, a-c. See answers to prior Interrogatories and Exhibits 1 through 7 attached hereto. In addition, Plaintiff had corrnnunication with Mimi Lambert, whose specific address is unknown, but with whom Plaintiff had cornrnpnication prior to accepting the offer made by Nace in his capacity as agent for Defendant Breneman and Defendant Coldwell Banker, which caused Plaintiff to accept the association with Defendant Coldwell Banker. Plaintiff has no documents evidencing these c:ornmunications. 10 . "r, ,,~~ ~_ __ ~ , Y, "~ 7. Identify each fact which you contend supports your averment in paragraph 16 of the Complaint that "Nace was given assurances on numerous occasions by numerous representatives of Defendant Westgo that Nace had the authority to maintain and honor commitments made to salespeople" prior to Coldwell Banker's purchase of assets from Breneman. For each such fact, identify: a. The source of your information concerning said fact; b. The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact, See Answers to prior Interrogatories and Exhibits 1 through 7 attached hereto. 1 1 ". 8. Identify each fact which you contend supports your averment in paragraph 1 9 of the Complaint that Coldwell Banker has honored any commitments made by Nace on behalf of Breneman. For each such fact, identify: a. The source of your information concerning said fact; b, The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact. a-c. See Answers to prior Interrogatories and Exhibits 1 through 7 attached hereto. 12 ", , 9. Identify each fact which you contend supports your averment in paragraph 19 of the Complaint that Coldwell Banker has honored any commitments made by Nace on behalf of Coldwell Banker. For each such fact, identify: a. The source of your information concerning said fact; b. The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact, a-c. See Answers to prior Interrogatories and Exhibits 1 through 7 attached hereto. 13 \~-,....." , ,~ ,~~~ 10. Identify each of the "independent sources" referenced in paragraph 20 of the Complaint. Kirk L. Nace, previously identified Leon J. Brisson, previously identified Renee Correa, c/o The Hanestead Group, 4075 Market Street, Camp Hill, PA 17011 Jill Diebert, address unknown at this time. 11 . Identify each other salesperson to whom you contend Nace made a commitment which was honored by Coldwell Banker; for each such person, identify: a. The date such commitment was made; b. Any documentary evidence of such commitment; c. The full name and address of every person having knowledge or information relating to such commitment. a. Unknown b. See Exhibit tli c. Jill Diebert was the sales person who was offered reimbursement for her pre-licensing training if she recruited additional sales persons and this commitment was met by Defendant Coldwell Banker. In addition, it is believed that Kirk Nace and Leon Brisson know of additional sales persons in this capacity who have not yet been identified for Plaintiff. 14 . . "'- . 12. Identify each fact which you contend supports your averment in paragraph 26 of the Complaint that you are entitled to payment of $7,803,22 by Coldwell Banker. For each such fact, identify: a. The source of your information concerning said fact; b, The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact. a-c. Plaintiff relies upon the fact that he had a contractual arrangement witlt Defendant Breneman and Defendant Coldwell Banker through their agent, Nace, to earn $15,000.00 by April 1, 1998, which information is identified in the previous Exhibits attached hereto. Plaintiff believes tltat Nace and Brisson are aware of tlte fact that Plaintiff met his conunitments to Defendant, Coldwell Banker and, therefore, was entitled to compensation to bring his total earnings to $15,000.00 by April 1, 1998. Documentation regarding real estate settlements and tlte disbursement of commissions to Plaintiff are in the possession of Defendant, Coldwell Banker, particularly relative to tlte real estate settlements in which Plaintiff was involved during tlte period of time at issue herein, all of which evidence tlte fact tltat Plaintiff was compensated tlte sum of $6,918.61 through April 1, 1998. Plaintiff will secure settlement sheets to reflect the settlements in which he was involved as a sales person for Defendant Coldwell Banker. Through formal discovery, Plaintiff will attempt to secure documentation reflecting actual payments made to Plaintiff by Defendant Coldwell Banker as identified above. Further, tlte transactions in which Plaintiff was involved for which settlement sheets and disbursement checks will be made available through formal discovery relate to the following properties: a. 14 South Pitt Street, Carlisle, P A b. 245 North Enola Road, Enola, P A c. 2208 Douglas Drive, Carlisle, P A d. 603 Herman Avenue, Lemoyne, PA e. 178 Virginia Avenue, Carlisle, P A It should be noted tltat the shortfall by Plaintiffs calculations in the $15,000.00 guaranteed earnings is actually $8,081.39, not tlte prior figure demanded of $7,803.22. 15 ~f; , .,.,,'. , ~ ~ ' 13. Identify each fact which you contend supports your averment in the Complaint that you are entitled to payment of a guaranteed minimum salary by Coldwell Banker, For each such fact, identify: a. The source of your information concerning said fact; b. The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact. a. Kirk L. Nace b. See answers to prior Interrogatories. c. See attached Exhibits 1-7 a. Mimi Lambert, The Institute ofReai Estate Studies, Camp Hill, P A 17011 b. See above c. No documents available 13a-c. All settlement sheets from the transactions referenced in prior Interrogatories are factual evidence of tlte amount earned by Plaintiff in the relevant time period. 16 : f' p ,~.~ "- , ~ ~-~ - 14, Identify each fact which you contend supports your averment in the Complaint that you met the prerequisites for entitlement to the salary guarantees purportedly set forth in Nace's letter dated July 25, 1997, For each such fact, identify: a. The source of your information concerning said fact; b, The full name and address of every person having knowledge or information relating to said fact; c, Any document which you contend supports said fact. 14 a-c. Nace and Brisson are the primary source of confirmation that Plaintiff met his prerequisites for entitlement to the guaranteed salary. All such information relative to this Interrogatory is otlterwise set forth in the answers to prior Interrogatories and attached as Exhibits 1-7. . 17 -~" ", 15. Identify each fact which you contend supports your claim for attorney fees in this action, For each such fact, identify: a, The source of your information concerning said fact; b, The full name and address of every person having knowledge or information relating to said fact; c. Any document which you contend supports said fact, 15a-c. See answers to prior Interrogatories and Exhibits 1-7 attached hereto. Plaintiff further contends that Defendant Coldwell Banker's conduct in this case is vexatious, obnoxious, obdurate and in contradiction to tlte clear facts in this case such that their conduct should result in their responsibility for payment of Plaintiff's attorney's fees, particularly as there is no defense to their conduct. 18 :'1 ~ 16, Identify each person, not previously identified, having any knowledge or information concerning any of the averments of the Complaint, whether or not you intend to call such person as a witness at trial. Sanford M. Naiditch 6670 Bristol Lake South Delray Beach, FL 33446 17. Identify each person you intend to call as a witness at trial and state the substance of the testimony that you anticipate will be given by such person. ( a) Kirk N ace will testify that he made the offer and that he did so in his capacity as Vice President of Century 21 Breneman Associates, Inc. Mr. Nace will confirm that he had full authority to make such an offer and to enforce such an offer. Mr. Nace will further testify that his authority was reaffirmed upon the purchase of Century 21 Breneman Associates, Inc. by Coldwell Banker Homesale Services Group in that his authority was reaffirmed by representatives of Defendant, Coldwell Banker Homesale Services Group. Mr. Nace will furtiIer testify that Plaintiff complied with all prerequisites presented to him and that he is entitled to tlte compensation previously identified in Nace's commitment made to Plaintiff in Nace's capacity as an agent of Defendant, Century 21 Breneman Associates, Inc. and Defendant, Coldwell Banker Homesale Services Group. Mr. Nace will also testify to his understandings and information provided to him as to his authority for tlte two named Defendants. 19 , ~ (b) Leon J. Brisson will testify that, to his knowledge, Plaintiff complied with everything that was requested of him relative to the contract or agreement proposed by Kirk Nace. Mr. Brisson will also confirm that Kirk Nace had authority to make tlte commitments, such as the commitment made to Plaintiff: while Nace was recruiting agents. Mr. Brisson will also testify that, to his knowledge and to the knowledge of those parties who were principals of Defendant Breneman who transferred to Defendant Coldwell Banker, were made aware that Defendant, Coldwell Banker "purchased" Defendant Breneman. Mr. Brisson will further testify that through such "purchase", Defendant, Coldwell Banker reaffirmed that Mr. Nace continued to be part of the management team, was empowered to continue to recruit new sales agents and make commitments to those agents on behalf of Defendant, Coldwell Banker, as well as reaffirming Defendant Coldwell Banker's agreement to meet commitments made by Mr. Nace while part of the Defendant Breneman management team. (c) Renee Correa will testify to the commitments that were made to her by Kirk Nace. (d) Mimi Lambert will testify to tlte contact made by Plaintiff with her prior to Plaintiff accepting tlte offer to sell through Defendant, Century 21 Breneman Associates, Inc. Ms. Lambert will further testify tltat she strongly recommended to Plaintiff that he accept the offer being made to him in order to initiate his real estate career and also to provide guaranteed. compensation. 'n 'f 18. Identify each document, not previously identified, which you contend supports any of the averments of the Complaint, whether or not you intend to use such document as an exhibit at trial. No additional documents are known to exist that support Plaintiff's position at this time. 19. Identify each exhibit you intend to present at trial. No additional documents, other than those previously identified, are known to exist that will be used as Exhibits at this time. 20 , f . . "._~ 20. Identify each person whom you expect to call as an expert witness at trial. For each such witness, state the subject matter on which the expert is expected to testify and the grounds for each opinion. You may submit as your answer a report of the expert or have this interrogatory answered by the expert. The answer or separate report shall be signed by the expert. It is anticipated that Mimi Lambert will actually be called as an expert in the real estate field and in the field of contractual arrangements between real estate agents and real estate brokers or real estate companies. Ms. Lambert will testify, based upon her extensive background in the field of real estate, and the law of real estate, the agency relationships in real estate companies and related facts. No report on this matter has been submitted by Ms. Lambert to date. McNEES, WALLACE & NURICK avid E. Lehman /IJ.D. No, 15243 James p, DeAngelo I.D, No, 62377 Debra p, Fourlas I.D,No.62047 P.O, Box 1166 Harrisburg, PA 17108-1166 (717} 232-8000 Attorneys for Defendant Westgo II Rea/ Estate, Inc., d/b/a Coldweff Banker Homesale Services Group Date: June 2, 2000 21 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Bradley L, Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 9ttZ Vames p, DeAngelo Date: June 2, 2000 \, ." . I verify that tlte statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: %/2-q (0 ~ I I ~~~-)(i _ ~ IRA S. NAIDITCH .J~ii-',"" -r ",-, , ~'I'" 1 IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMlMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1920 CIVIL TERM WESTao II. REAL ESTATE, INC. : tldlb/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. tld/b/a CENTURY 21 BRENAMAN AND : CIVIL ACTION - LAW ASSOCIATES, Defendants CERTIFICATE OF SERVICE J'J I certify that on tlte 31 day of Av~us t .2000, I sent a true and attested copy of Plaintiff's Answers to Defendant Westgo II Real Estate, Inc. t1b/d/a Coldwell Banker Homesale Services Group's Interrogatories Directed to Plaintiff (First Set), by first class mail, postage prepaid, upon the following: David E. Lehman, Esquire James P. DeAngelo, Esquire Debra P. Fourlas, Esquire McNEES, WALLACE & NURICK P.O. Box 1166 Harrisburg, PA 17108-1166 DATE:~ squire or aintiff 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 "it J ," . '__L'," , . ~ , , 111 ,^ ~.., ,"~ '~ ~~. "'" "~ C) (~ (") c-= CJ <^ ,""J 7-~ !J ^) ~TI :::~- ~. , .^ c'",,) C -, ~~ ^, --,- {;:..: .-- 5-;: \......) ~~ ),~ -<:' ....j ~~.J -< ..""'~""~ .- ~"i,f.~'-'l"""ll,\\~~'I!fJll:@ffi~~;lffil<!ml\llll1.~~I'PJti~."""W!iWii~~~!llI IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW WESTGO II REAL ESTATE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, Defendants No, 00-1920 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants. McNEES, WALLACE & NURICK a;;z, David E, Lehman I.D, No, 15243 James p, DeAngelo I.D. No, 62377 P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5470 Attorneys for Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group Dated: April 25, 2000 _, -"_ ')".!' ~'_{~" ," .- ,. . 'f",- ~,-~' ^-,_'_C_'\:, ,o,,,",_~^_.,,,/',,._ --,r:: -: ',' - ',"_",'_'~t_ _...__ ,~- =" " _'" e_' " CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 ~~ . . James P. DeAngelo Dated: April 25, 2000 , ~- "-','-;""'",. _,-~~""..,.,..-P. '.~_".'"" ~,."__,,~, '--'-0=' 0'" ~,-~,o_-",,'" ~, ._, - -~ "-= . ,:_- ,~,=. ~-- L -, >-,-~, ,,':-,-' ~ '. ,"",~,-,~ -<7'~. .j" '" "'~.,-~ I o <:0" '-. -~, ,.----' rl] ~_' L.,:. ~~?:~;.- ~E .>~;~; :::::..1 / ~- - :~,.) G~. -71 ;<.."l --, -~ JJl!JI!!lI!1,.' ~ T ,. II ,~ ~""~ -~'~P"__,~~~ IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. WESTGO II REAL ESTATE, INC. : CIVILACTION - LAW Vd/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., Vd/b/a CENTURY 21 : BRENEMAN AND ASSOCIATES, Defendants : NO. 00-1920 CIVIL TERM CERTIFICATE OF SERVICE ~t:t- I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ -day of June, 2000, cause a true and attested copy of the Plaintiff's Answers to Defendant's New Matter to be served upon the following by first class mail, postage pre-paid: James P. DeAngelo, Esquire P.O. Box 1166 Harrisburg, PA 17108-1166 DATE: ?(2/OC) r, , I I r ~-" ~r,~ - . ~~['..'""'" 1iIII]~ 7"_",_,, ,." "",-'. , 11"" C) (- ~:::;; (; -,," III CQ -:;>rJi ::E;:::J:.! ~r' (15.1... ;:::.;;::---.: -" 5~ --' -".("'1 ""'C5 '""l~ -' ~> .::! eJ'l .J:- _.~~ , <:::> <:::> r ~ ..,,~ o ~n --,::1 I \.t) -0 ~ :-'ii;~IJ .iDt9 . " ,~~ ("'-'\1"71 .SJ ::tJ -< ~ ,,\';.'i/i!'f!,iJ!~~~~I;l'l!i''f''',!!.,;'MilliWil!l~!~I!i~ '~_' ~,. ._~JI'Illllll.!q, c_IJI@IIl!J,! . IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-1920 CIVIL TERM WESTGO II. REAL ESTATE, INC. : t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. t/d/b/a CENTURY 21 BRENAMAN AND : CIVIL ACTION - LAW ASSOCIATES, Defendants ANSWERS TO DEFENDANT WESTGO n REAL ESTATE. INC.. t/dlb/a COLDWELL HOMESALE SERVICES GROUP'S DOCUMENT REQUESTS DIRECTED TO PLAINTIFF (FIRST SETI ."1 " " ,. i" ~. .~ ,f.~r l~,_~ c ,'. J;;"\;,,', . , ..,-,~ '~iI?>~~,i;'-'i1"'W<7,1l>ti!li!!%T~j""~i'1'ow.,,'1~l'!,.,~:]i!"""'''.!I!Ql__~li!ili:Jililllill " . < Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRA S. NAIDITCH, v, NO. 00-1920 CIVIL TERM WESTGO II. REAL ESTATE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC, t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, CIVIL ACTION - LAW Defendants DEFENDANT WEST GO II REAL ESTATE, INC., t/d/b/a COLDWELL HOMESALE SERVICES GROUP'S DOCUMENT REQUESTS DIRECTED TO PLAINTIFF (FIRST SET) TO: IRA S. NAIDITCH and BRADLEY L. GRIFFIE, ESQUIRE, his attorney: PLEASE TAKE NOTICE that you are required, pursuant to Pennsylvania Rules of Civil Procedure 4009,1, -.11, and -.12, to produce or otherwise make available the documents hereinafter described within thirty (30) days of the date of service hereof. This Reauest for Production of Documents incoroorates the "Definitions and Instructions" contained in the Defendant Coldwell Banker's First Set of Interroaatories. In addition, the requested documents should be produced to the Defendant Coldwell Banker's attorneys at 100 Pine Street, 9th Floor, Harrisburg, PA 1 7108. This request is intended to cover all documents in the possession, custody, or control of Plaintiff, his agents, employees, representatives, and/or attorneys and is considered to be continuing in nature. Plaintiff's response to the Request shall be \~ ,. " ~~ ~" <.~' , modified or supplemented as Plaintiff, and/or his attorneys, obtain further or additional documents up to the time of trial. Requested documents are more particularly itemized and described as follows: 1 . Each and every statement obtained from any person having information relating to the averments of the Complaint, See attached Exhibits 1 and 2. 2. Each and every document evidencing any communication which you contend occurred between you arid any representative of Defendant Breneman relating to negotiation of the terms of your employment as a real estate salesperson. See attached Exhibits 3, 4, and 5. 2 "" . 3. Each and every document evidencing any communication which you contend occurred between you and any representative of Defendant Coldwell Banker relating to negotiation of the terms of your employment as a real estate salesperson. See attached Exhibits 1 through 5. 4. Each and every document evidencing the alleged contact with Nace which is the subject of paragraph 11 of the Complaint, See attached Exhibits 1 through 5. 5. Each and every document evidencing the alleged contact with Nace which is the subject of paragraph 14 of the Complaint, See attached Exhibits 1 through 5. 3 -, - 6. Each and every document which you contend supports your averment in paragraph 1 3 of the Complaint that "Breneman was purchased or otherwise became a part of" Coldwell Banker, See attached previously identified and identified Exhibits 1 and 2, as well as attached Exhibit 6. 7, Each and every document which you contend supports your averment that Nace had authority to commit Coldwell Banker to any employment decision. See attached Exhibits 1 and 2. 8, Each and every document which you contend supports your averment in paragraph 16 of the Complaint that "Nace was given assurances on numerous occasions by numerous representatives of Defendant Westgo that Nace had the authority to maintain and honor commitments made to salespeople" prior to Coldwell Banker's purchase of assets from Breneman. See attached Exhibits 1 and 2. 4 , ~" I" - ,,~ 9. Each and every document which you contend supports your averment in paragraph 1 9 of the Complaint that Coldwell Banker has honored any commitments made by Nace on behalf of Breneman, See attached Exhibits 1 and 2. 10. Each and every document which you contend supports your averment in paragraph 19 of the Complaint that Coldwell Banker has honored any commitments made by Nace on behalf of Coldwell Banker, See attached Exhibits 1 and 2. 11 , Each and every document relating to any of the "independent sources" referenced in paragraph 20 of the Complaint. See attached Exhibits 1 and 2. 5 .[ T' "' 12. Each and every document which you contend supports your averment in paragraph 26 of the Complaint that you are entitled to payment of $7,803,22 by Coldwell Banker. Plaintiff is in the process of se=ing documents through discovery from Defendant, Coldwell Banker Homesale Services Group, including HUD-1 settlement sheets for the settlements, which Plaintiff had procured while working as a sales person for Coldwell Banker Homesale Services Group. Otherwise, see Exhibits 1 through 5. 13, Each and every document which you contend supports your averment in the Complaint that you are entitled to payment of a guaranteed minimum salary by Coldwell Banker. See attached Exhibits 1 through 5. 14, Each and every document which you contend supports your averment in the Complaint that you met the prerequisites for entitlement to the salary guarantees purportedly set forth in Nace's letter dated July 25, 1997, See attached Exhibits 1 and 2. 6 """""I- 1 5. Each and every document which you contend supports your claim for attorney fees in this action. At this time, Plaintiff's only Exhibits or documents evidencing support for Plaintiff's claim for attorney's fees are in the form of negotiations between Plaintiff or Plaintiff's counsel and Defendants in an effort to resolve this matter and, therefore, are not exhibits available for these proceedings as being evidence of negotiations. 16. Each and every document, not previously produced, which you contend supports any of the averments of the Complaint, whether or not you intend to use such document as an exhibit at trial. None known at this time. 1 7. Each and every document you intend to present as an exhibit at trial. See attached Exhibits 1 through 6. 7 ,- ~ 18, Each and every document reviewed by any expert witness retained by you. None McNEES, WALLACE & NURICK . avi E, Lehman 1.0. No, 15243 James P. DeAngelo 1.0, No, 62377 Debra p, Fourlas 1.0, No. 62047 P.O, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Westgo // Rea/ Estate, /nc., d/b/a Co/dwe/I Banker Homesa/e Services Group Date: June 2, 2000 8 '\J; -, ~- . , CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 ~ G/ ame: p, DeAngelo Date: June 2, 2000 ,.~ ,~ .~ Kirk L. Nace 214 TowpathRd Duncannon, P A 17020 Atty. Brad Griffie 200 N Hanover St Carlisle, PA 17013 Dear Mr. Griffie, I understand you are representing Ira Naiditch in his dispute with Coldwell Banker Homesale Services Group. The purpose of this letter is to assure you that when I made my offer (dated July 25, 1997), for Ira to become a REAL TOR with Century 21 Breneman & Associates, I was acting in my capacity of Vice President for that organization. The offer was made in good faith and Ira accepted tlte offer in good faith. When Century 21 Breneman & Associates was combined witlt Coldwell Banker Homesale Services Group, and all salespeople were given tlte opportunity to transfer tlteir licenses to Coldwell Banker Homesale Services Group, I was assured on numerous occasions by Doug Rebert, Chris Poole, and Doug Banzhoff, that all commitments I had made to salespeople would be honored. I advised Ira oftltat fact and in doing so I was acting in my capacity as Director of Career Development, a part of the management team of Coldwell Banker Homesale Services Group. During my time working with Ira he fully complied with the requirements of my original offer letter and titus, was due all amounts guaranteed per tlte proposal. In that I had tlte authority to make incentive offers to agents and that authority was communicated to me on numerous occasions by upper management, I am surprised to learn that tlte company has not made good on this particular offer, as I believe tltey have made good on other such commitments. If I can be of further assistance in answering any questions, please feel free to contact me at 697-3535. 'de KIrk L. Nace Exhibit "1" "~ . .,< .. ~" = - Brad Griffie - Attorney at Law 200 Hanover St. Carlisle, PA 17013 Dear Mr. Griffie, In response to your request, I was the manager of the Camp Hill office for Coldwell Banker H.S.G. from 6/97 to 7/99. Ira Naiditch was a sales person working out of that office. Ira came to the company as a result of Coldwell Banker H.S.G. Purchase of the Century 21 Ben Brennaman co. and to my knowledge Ira was recruited into the Brennanman Co. through the efforts of Kirk Nace. Ira was still in the military at that time and was working in a pari time role until his scheduled retirement that took place shortly after the Coldwell Banker H.S.G. purchase of Brennaman. Ira displayed such a total commitment to the company as well as his career. He did far more than was asked of him. One example was his approach to prospecting. He was relentless. I would arrive daily at the office between 5:45 am - 6:15 am, often Ira was there before me or right after. He would be preparing his day and begin his prospecting. In all of my years in the Real Estate Business (37) I can honestly say I have never met a new agent so dedicated to the company as well as to accomplishing everything that was asked of him. I had found out later that there were a number of requirements placed on Ira, by Kirk Nace as part of his association with the Company. Ira met every one of those requirements and more: Kirk Nace was pari of the Management team of the newly formed purchase of Century 21 Brennanman co. by Coldwell Banker H.S.G. His primary responsibilities were recruiting. To my knowledge he had the authority to offer various incentives to new as well as experienced agents such as company paid business cards (I" order) some dues and MLS fees. Aggressive commission plans as well as other incentives. I believe the perception of the agents with regard to the aguisition of the Brennanman Company was that the company bought the Brennanman Company and was not viewed as a partnership/merger relationship. If! can be of any further assistance please call me at 724-837-6800. Exhibit "2" ,~ ,.. ,-...,.~- ~ - Ira S. Naiditch 2219 Circle Road Carlisle, PA 17013 July 16, 1997 Mr. Kirk L. Nace Vice President Century 21 Breneman & Assoc. 5001 Carlisle Pike Mechanicsburg, P A 17055 Dear Mr. Nace: Thank you for spending so much time with me earlier today. Beginning in the real estate business is an exciting prospect for me and you were very kind to share your experiences and offer so much encouragement for my future. I was very impressed witlt your training process; particularly tlte emphasis on coaching and mentorship. My experience in the Army supports my belief that strong and positive mentorship is the single most important key in any successful training plan. During our meeting you asked me to develop a list of specific items that we could talk about in the future. I am most interested in the particulars of any training development plan tltat I would be involved in as a member of the Breneman & Associates team. As part oftltat plan I am interested in how you propose I begin my career in real estate and progress through my first few years. I am also interested in the specifics of your compensation packages to include any training stipend, draw against commission, commission splits, referral fees, and any applicable benefits opportunities. I understand that as an independent contractor I am responsible for building "my business." What is Breneman & Associates role in that process? What are all the fees and expenses I should expect to pay, from purchasing business cards to joining local associations, to paying for training? Again, thank you for meeting with me. After nearly 20 years in the military I am ready to settle down and become a productive part of the greater Harrisburg community. As you can imagine, a step this big can be quite intimidating. I am ready though, and look forward to meeting with you again. I will telephone your office, early next week, to make an appointment for a follow-on interview. Sincerely, IRA S. NAIDITCH Exhibit "3" . . r. Kirk L. Nace CRS, GRI, REALTOR Vice President Century 21 Breneman & Assoc. 5001 Carlisle Pike Mechanicsburg fA 17055 Telephone 717-761-5494 Fax 717-761-7056 July 25, 1997 Mr. Ira S Naiditch 2219 Circle Rd Carlisle, PA 17013 Dear Ira, Thank you for your time earlier today. I have given some thought to your situation and have come up with the following proposal for you to consider: If you work 3.5 hours per evening each Monday, Wednesday and Thursday and an additional 8.0 hours each weekend starting September 1,1997 spending a minimum of45 minutes practicing each day, 2 hours generating leads and 45 minutes following up those leads each weekday and a minimum of 1 hour practicing, 5 hours generating leads and 2 hours following up those leads each weekend, I will guarantee you the following: By April 1, 1998 you will have earned $15,000 or I will make up the difference at tltat time. (as long as you follow all training as provided by me and work honestly, ethically and diligently towards your goals.) I will further guarantee that upon becoming full time in the business I will be able to design a similar program for you to earn a ririnimum of$50,000 during the first full 12 months you work in the business. If you begin September 1, 1997 working nights and weekends and begin working full time April 1, 1998, you will be earning a minimum of $3,000/mo (based on a three month average) by June of 1998 with your total earnings from April I, 1998 until March 31,1999 to be not less than $50,000. I will make up any differences in tltese numbers, on a monthly basis for the $3,000/mo, and at the end of the year for the annual numbers. Hopefully, this will serve as notice to you that I am serious about your success and will do what it takes to get you to these levels. If you need more assurance please let me know. If not, please let me know exactly when you expect to be licensed so that we might begin ordering your business cards and getting you prepared to start in this business. ar To Doing Business, Kirk L. Nace CRS, GRI Vice President Exhibit "4" ~~~- ,-,' Ira S. Naiditch 2219 Circle Road Carlisle, PA 17013 July 29, 1997 Mr. Kirk 1. Nace Vice President Century 21 Breneman & Assoc. 5001 Carlisle Pike Mechanicsburg, P A 17055 Dear Kirk, I just received your proposal and am happy to say that I accept your offer, Since I am still on active duty, military requirements may result in occasional travel. Additionally, personal situations may arise that require a slight variance in days/hours worked, However, my plan is to work more hours than tltose stated in your letter. I hope tltese infrequent variations are okay witlt you, I look forward to beginning my career in real estate, on September 1, 1997, at Century 21 Breneman & Associates. Further, I am already excited about becoming full time, on Aprill, 1997. Earlier today, I initiated my formal retirement from tlte United States Army, My official retirement date will be May 31, 1998. However, witlt my accrued leave I will effectively be a civilian, and able to devote full time to real estate, no later than Apri11, 1998. I expect to be licensed during tlte last week of August. If! need to do anything prior to tlten, please let me know and I will do everything possible to get it done. ' Again, tltank you for all your assistance in making this very important career decision and for allowing me to become a member oftlte Century 21 Breneman & Associates team, I will not let you down. Sincerely, N--4. ;1~ IRA S. NAIDITCH b~~WM c L-(J,;/a.J t',,"c.,..,..L~-., "'1 1~.t:l ';'<;, t'1'1I, ,j:<A.{ " . ) 0 /. .1., J .1.11;1.."".;/ j~ ti-. .-<1U../....., ~ .,.11 ~t .w"') c' ."/ '<, o<.oJ~ 7(" _"d 1/'-"0 / (' It 4NJ( )--'--j ''/ ' -trf.....t!. ,~~, CJ<. --1.......... 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" :;;-liJ;...". ." ',.~, - ..... c~ " , '. :.t~; ~""'.~.:. . :.>"~' .' .... ..., ..''; .;. .. < ,. :X~~. ",~~'l .~" .:5~' .*' ..,~ .,~.* .....;:~Ji:... ::~(, \ :1';: '::i:~r ~~.... .'~~,?~jf. ... - ,.1, ,,'- ~..fJ ~~;:~ .' ..... ,', ~:;~: ';';:" ..,';, :,": -:.;- ,\,"".1 "'.J' /~I;";'{':' ',; ~~, '~:..:i' ..,' ""'J" ..:;:~\~:';' ,...$.*;.. . . '1~4t';v. "" .....,. . '''>>: -. :"'-J \'I;: .:.I..:~,'.;. .1 .: .." .' . 0.'0 '.:'~~}:' " ,.,:.1'.., ',:..~~\:.: "'~W". . ::'"J\1f1~"":" '.':iFtt".'. '.' .~.""..... . .. ~'.''!'o, 0 '.' '";j~.. ,,~;#.::~. EXhilii't i"1'" .'., " .: '1' ., ~ ~,." '. .,; ...... c; '.. y ~, ' ',i;;' ;~,;~~~ ,0. ~:, 'I' ~ ~-~ . .__ ~I!"!m'"" I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. '6/2_'/61:> ;;V-, /i, A~ I r IRA s. NAIDITCH DATE: "fllf'._ , ~ , IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1920 CIVIL TERM WESTao II. REAL ESTATE, INC. : tJdIb/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. tJdIb/a CENTURY 21 BRENAMAN AND : CIVIL ACTION - LAW ASSOCIATES, Defendants CERTIFICATE OF SERVICE I certify that on the 3/ 5rday of ~JOS r , 2000, I sent a true and attested copy of Plaintiff's Answers to Defendant Westgo II Real Estate, Inc. tJb/d/a Coldwell Banker Homesale Services Group's Document Requests Directed to Plaintiff (First Set), by first class mail, postage prepaid, upon tlte following: David E. Lehman, Esquire James P. DeAngelo, Esquire Debra P. Fourlas, Esquire McNEES, WALLACE & NURlCK P.O. Box 1166 Harrisburg, PA 17108-1166 DATE: ~ 3 I) () 0 , Esquire rney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 "-" .," ~ , I ".~ .'..r - H.. ,; ~ , , ,~ """",,"..;~~,. ~~- .~,'~ -'I'M'. o c:: A.m :::::' <' " !;:; -.:-.::, s~: 5> ;> -" -< ''': .'h. :.'5 w --,.-, "-- "-. ,~ c:. .0 .7 :~;? ~"'EJ ;;j;.; -.J -< ~,. II! ~."",,,,,,.,~. ,'''''''' ,~JllfW!f'-;i~,!!;,41f-l"i<$J~W!I!'li'!;~~~l~(NII\,"'Ii"!;t'!jf~'~~:p,f"'.l'(f.!!f!li!l~~~il~I!I1ili IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WESTGO IT REAL ESTATE, INC., : t/dIb/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/dIb/a CENTURY 21 BRENEMAN AND ASSOCIATES, : NO. 6v - JfJ).o CIVIL TERM Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other money or property or other rights important to you. YOU SHOULD TAKE PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 -1","" . , IRA S. NAIDITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WESTao II REAL ESTATE, INC., : t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, : NO. OV-/Q.2ocIVIL TERM Defendant COMPLAINT 1. Plaintiff is Ira S. Naiditch, an adult individual currently residing at 2219 Circle Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Westgo II Real Estate, Inc., is a Pennsylvania Corporation with its principle address of 111 Centerville Road, Lancaster, Lancaster County, Pennsylvania. 3. Defendant Westgo II Real Estate, Inc. (hereinafter "Defendant Westgo") has a registered fictitious name of Coldwell Bank Homesale Services Group, with its principle place of business at 111 Centerville road, Lancaster, Lancaster County, Pennsylvania. . 4. Defendant Century 21 Breneman & Associates, Inc., (hereinafter "Defendant Breneman") is a Pennsylvania Corporation with its principle address of 5001 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant Breneman has a registered name of Century 21 Breneman & Associates with its principle place of business at 5001 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. ,'l ". " '- ,~. '- ," '" 6. In 1997, Plaintiff was taking prelicensing real estate courses in order to receive, and in anticipation of receiving his real estate salesperson license. 7. In anticipation of securing a sales position with Defendant Breneman, Plaintiff interviewed with Kirk L. Nace (hereinafter "Nace"), Vice President of Defendant Breneman. 8. Following a second interview of Plaintiff by Nace, Nace made an offer to Plaintiff on behalf of Defendant Breneman, and in his capacity as Vice President of Defendant Breneman, for Plaintiff to become associated with Defendant Breneman as a real estate salesperson. 9. Said offer was made in writing dated July 25, 1997, a copy of which is attached hereto and incorporated herein by reference as Exhibit "N'. 1 O. In reliance upon the offer made by Nace in his capacity as Vice President of Defendant Breneman, Plaintiff accepted the offer by correspondence dated July 29, 1997, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 11. By follow-up telephone conversation, Plaintiff confirmed with Nace that the concepts of the number of hours worked per week was the operative factor in the offer made in the correspondence of July 25, 1997, the specific hours for specific days was not an essential part of the agreement. 12. Based upon reaffirmation of the offer made by Nace in his capacity as Vice President of Defendant Breneman, and acceptance by Plaintiff, Plaintiff initiated his formal retirement from the United States Army. :"'0'_ ~~"' . ,~ - . " 13. On or about August 20, 1997, Plaintiff became aware that Defendant Breneman was purchased or otherwise became a part of Defendant Westgo, t/d/b/a Coldwell Banker Homesale Services Group. 14. Due to Plaintiffs concern over the fact that he had submitted documentation for his formal retirement from the United States Army, he contacted Nace to determine Nace's authority with Defendant Westgo, as well as Defendant Westgo's commitment to Plaintiff s contract. 15. On or about August 21, 1997, Nace who had been given the designation of Director of Creative Development with Defendant Westgo, assured Plaintiff repeatedly that Nace had authority to ensure his prior commitments made in his prior capacity as Vice President of Defend ant Breneman. 16. It is believed and, therefore, averred that Nace was given assurances on numerous occasions by numerous representatives of Defendant Westgo that Nace had the authority to maintain and honor commitments made to salespeople following Defendant Westgo's purchase of or merger with Defendant Breneman. 17. Plaintiff relied on reaffirmation of the contract commitments of Nace in regard to Plaintiff s contract with Defendant Westgo and did not take any extraordinary measures to withdraw his application for retirement from the United States Army upon notification of Defendant Westgo's purchase of or merger with Defendant Breneman. ,i'!fM., ."' ~-, ,>; ~ . . 18. On or about August 26, 1997, Plaintiff's retirement from the United States Army was accepted and thereby made irrevocable. 19. It is believed and, therefore, averred that other commitments made by Nace on behalf of Defendant Breneman and thereafter on behalf of Defendant Westgo have been honored by Defendant Westgo. 20. Plaintiff became aware through independent sources ofNace's commitments to other real estate salespersons and of the fact that Defendant Westgo honored other commitments made by Nace to other salespersons. 21. It is believed and, therefore, averred that at all times relevant hereto Nace had authority to make incentive offers to real estate salespersons such as the offer made to Plaintiff as hereinbefore described, as well as to contract with real estate salespersons for their services, as Nace did with Plaintiff, on behalf of Defendant Breneman and Defendant Westgo. 22. At all times during these discussions and negotiations, Nace was acting in his capacity as Vice President and agent of Defendant Breneman and as Director of Career Development and agent of Defendant Westgo, with full authority to enter into contracts such as the one at issue herein. 23. At all times relevant hereto, Nace was an agent acting witltin his scope of authority for Defendant Breneman and, subsequently, Defendant Westgo. 24. At all times during his association with Defendant Westgo, Plaintiff met or exceeded the work hours and other requirements in his contract with Defendant Westgo as outlined in Nace's correspondence of July 25, 1997 covering the period from September 1, 1997through April 1, 1998. ~, o I , 25. For the period from September 1, 1997 through April 1, 1998, a period of seven months, Plaintiff was associated with the settlement of six real estate transactions and earned a gross income of$7,196.78. 26. Based upon the commitment made by Nace in his official capacity as an agent of Defendant Breneman and Defendant Westgo, the additional sum of $7,803.22 is due from Defendant Westgo in order to meet the terms of the contract between Plaintiff and Defendants. 27. Plaintiff has made repeated requests of Defendant Westgo through its various agents to comply with the terms of the parties' contract, but all such requests have been denied or refused by Defendant Westgo. 28. Plaintiff has no means of making demand upon Defendant Breneman as it is Plaintiff's understanding that Defendant Breneman no longer continues to exist or operate in its corporate capacity. 29. Plaintiff relied, to his detriment, upon the commitment and assurances given by Defendant Breneman and Defendant Westgo through their agent Nace. COUNT I BREACH OF CONTRACT 30. Paragraphs 1 through 29 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. '.' -"',", -", .~- I 31. Defendant Westgo's failure to comply with the terms of the parties' agreement is a breach of the parties' contract. WHEREFORE, Plaintiff demands judgment against Defendant Westgo in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT IT ESTOPPEL 32. Paragraphs 1 through 31 ofPlaintitI's complaint are incorporated herein by reference as if set forth in their full text. 33. Defendant Westgo is estopped from withdrawing its authority previously extended to their agent, Nace. 34. As Defendant Westgo has honored contractual commitments made by Nace to other real estate salespersons, Defendant Westgo is estopped from failure to comply with the terms of the contract made by its agent, N ace, with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Westgo in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT ill DET~NTALRELIANCE 35. Paragraphs 1 through 34 ofP1aintitI's complaint are incorporated herein by reference as if set forth in their full text. 36. Plaintiff detrimentally relied upon the contract he entered into with Defendant Westgo through its agent Nace, formalizing his retirement from the United States Army and committing himself to compliance with the terms of the contract. 'J,. ~...- . "", .' '"" ~ ,. ""~ 37. Plaintiff's loss of his status and income with the United States Army is not sometlting which Plaintiff will ever be able to regain. 38. Plaintiff committed more than the contractually agreed upon hours to his profession as a real estate salesperson as required by his contract with Defendant Westgo. 39. Plaintiff's reliance upon his contract with Defendant Westgo was reasonable. WHEREFORE, Plaintiff demands judgment against Defendant Westgo In an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT IV ATTORNEY'S FEES 40. Paragraphs 1 through 39 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 41. The failure and refusal of Defendant Westgo to meet its contractual obligations and commitments to Plaintiff in and of itself is obdurate, vexatious and obnoxious conduct. 42. Because of Defendant Westgo's conduct, Plaintiff has been required to secure legal counsel to preserve and pursue his claims against Defendant Westgo. 43. Because of Defendant Westgo's conduct, Plaintiff is entitled to compensation for his attorney's fees associated with these proceedings. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant Westgo and/or Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. ,'. " '" " COUNT V BREACH OF CONTRACT 44. Paragraphs 1 through 43 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 45. Defendant Breneman's failure to comply with the terms of the parties' agreement is a breach of the parties' contract. WHEREFORE, Plaintiff demands judgment against Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNT VI ESTOPPEL 46. Paragraphs 1 through 45 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 47. Defendant Breneman is estopped from withdrawing its authority previously extended to their agent, Nace. 48. As Defendant Breneman has honored contractual commitments made by Nace to other real estate salespersons, Defendant Breneman is estopped from failure to comply with the terms of the contract made by its agent, Nace, with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Brenaman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. ~'i",," ~ ,_". . - COUNT Vll DETRIMENTAL RELIANCE 49. Paragraphs 1 through 48 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 50. Plaintiff detrimentally relied upon the contract he entered into with Defendant Brenaman through its agent Nace, formalizing his retirement from the United States Army and committing himself to compliance with the terms oftlte contract. 51. Plaintiff's loss of his status and income with the United States Army is not something which Plaintiff will ever be able to regain. 52. Plaintiff committed more than the contractually agreed upon hours to his profession as a real estate salesperson as required by his contract with Defendant Breneman. 53. Plaintiff's reliance upon his contract with Defendant Breneman was reasonable. WHEREFORE, Plaintiff demands judgment against Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. COUNTVll ATTORNEY'S FEES 54. Paragraphs 1 through 53 of Plaintiff's complaint are incorporated herein by reference as if set forth in their full text. 55. The failure and refusal of Defendant Breneman to meet its contractual obligations and commitments to Plaintiff in and of itself is obdurate, vexatious and obnoxious conduct. 56. Because of Defendant Breneman's conduct, Plaintiff has been required to secure legal counsel to preserve and pursue his claims against Defendant Breneman. < " ". .~. - ~'-- f-- 57. Because of Defendant Breneman's conduct, Plaintiff is entitled to compensation for his attorney's fees associated with these proceedings. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant Westgo and/or Defendant Breneman in an amount of $7,803.22, together with costs, interest and attorney's fees, and in an amount not to exceed $25,000.00. Respectfully submitted, GRIFFIE & ASSOCIATES . e, Esquire e r Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 - " , ~. . . I verilY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~ . 'S/tl--3i~o .. I ~--A./!.-'d2 IRA S. NAIDITCH , "'l ~~ "" ~ .ll '" ~ lJ, <::., .~, ~~-~--, - "~'..' ~T ~ F lOt D'\ Ot .+: _ . c d ~ ~ t t " r .,- '"'~ o c s: uCi,j ITirr'i :2.-::::C1 Zl- (oJ::: ~<...{..:. ~8 )>..---- . \..,.-, ~ ~. ~ o ~, ,. "";'i1i ~ r.::> = ::!': ~ :-:u f''' \D () "'Yl ~.~ :-c~~, :n ~_'st~ ~:;~ \:~j ~~~ '~'i ':~~~ ~~ )""-"- :J -< r:~) .... 0'., ., "....~__~~~~f1'IJlmQ~~.,~ ",~"lll!II!1l 'r"'"~PRl!~II~ ,... ~"I _~ . " " ,f IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1920 CIVIL TERM WESTGO IT, REAL ESTATE, INC, : tfd/b/a COLDWELL BANKER HOMESALE SERVlCESGROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC, tfd/b/a CENTURY 21 BRENEMAN AND : CIVIL ACTION -LAW ASSOCIATES, Defendants SUPPLEMENTAL ANSWERS TO DEFENDANT WESTGo II REAL ESTATE. INC.. tfdlb/a COLDWELL HOMESALE SERVICES GROUP'S DOCUMENT REOUESTS DIRECTED TO PLAINTIFF (FIRST SETI . , " " ,r IRA S. NAIDITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1920 CIVIL TERM WESTOO IT, REAL ESTATE, INC. : tfd/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. tfd/b/a CENTURY 21 BRENEMAN AND CIVIL ACTION -LAW ASSOCIATES, Defendants SUPPLEMENTAL ANSWERS TO DEFENDANT WESTGO II REAL ESTATE. INC.. tfdlb/a COI .DWELL HOMESALE SERVICES GROUP'S DOCUMENT REQUESTS DIRECTED TO PLAINTIFF (FIRST SETI Plaintiff, Ira S. Naiditch, supplements his prior Answers to Defendant Westgo II Real Estate, Inc. tfd/b/a Coldwell Homesale Services Group's Document Requests Directed to Plaintiff (First Set) as follows: 7. See Exhibit "1" attached hereto, being a photocopy of the Central Pennsylvania's Real Estate Weekly magazine for the period August 21 through August 27, 1997, which Exhibit includes the front page of that magazine and a copy of page 7 of that magazine. The entire magazine is available for 1 :1 inspection if Defendants so request and the entire magazine will be submitted as an Exhibit at the trial in this matter. ;:; H I :1 il i'l i '!I H 16. See Exhibits "2" and "3" attached hereto, evidencing PlaintifPs written notification of his request for retirement dated 30 July 1997, and his retirement orders received 26 August 1997, being Exhibit "2" and "3" respectively. 'i i,1 i:<~ -",.,;,-;, -- '.'0" -:'-'-"',-_~,~"~"__,-~-_,, _;. ."'<"_" _"__~_-'''-'C_'_''' --"'_,0" -- ---","., I ,I ': ,. - ~--'- . , " .' , , In additional, attached hereto are Exhibits "4", "5", "6", "7", "8" and 9", being HUD-l Settlement Sheets for five real estate transactions in which Plaintiff was the listing or selling agent for Defendant, Coldwell Banker Homesale Services Group, Inc., which settlements were conducted within the time frame at issue in the contract between Plaintiff and Defendants. 17. See Exhibits "1" through "9" attached hereto. Respectfully submitted, . e, Esquire . ey f1 r Plaintiff o North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verilY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: S ~()~() ( Jv~;>{It~ IRA S. NAIDITCH . .,' -'~':":.,-,1-;:<"--~-,~'~'C"""~!Y'~~'" _ <c _ .-.' .-- '-7=- ---',~- -,._- " -,,' ",j . . " .' vs, : IN THE COURT OF COMMON PLEAS QF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-1920 CIVIL TERM IRA S. NAIDITCH, Plaintiff WESTOO II, REAL ESTATE, INC. : tfd/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, and CENTURY 21 BRENEMAN & ASSOCIATES, INC. tfd/b/a CENTURY 21 BRENEMAN AND : CIVIL ACTION -LAW ASSOCIATES, Defendants CERTIFICATE OF SERVICE I certiJY that I did this day of May, 2001, serve a copy of Supplemental Answers to Defendant Westgo II Real Estate, Inc., tfd/b/a Coldwell Homesale Services Group's Document Requests Directed to Plaintiff (First Set), to the Defendants, by serving their attorneys of record at the following address: James P. DeAngelo, Esquire Clayton W. Davidson, Esquire David E, Lehman, Esquire McNEES, WALLACE AND NURICK P.O. Box 1166 Harrisburg, PA 17108-1166 DATE: ii " I I I, I! !i ~ !~ ~ ," - - . .-'-. " - ~':-"'-'--'-- . -. -- . " . ---_f. - -- ",-~ - , 0' ~ , ., . , !~ Volume 5, IsslIe 20 "One Source, Once A Week" August 21 - August 27. J 997 . , ~ ,: ~,\"~ 1rf,)1\~<<~1 . ,."r', * :~: ': ,c"",<,,"": ,.".; "',~." , '<t (\/ Ql Cl ~ etA '11: .! \~i'. \'Q ia: Ql .Cl :~,: co Cl 1:: o ::i Exhibit "1" -"~'" ~~ .-",""", ~ ~= ," ~---~ .~ ~~i" } . , , , Conti'll Pennaylvanla'alllAlIII.&.R ~TII Volume 5, Inue 10 _iTM' -..... .m.irOo OldRe1laneeFarinI.ll1d1llon11twoltOlYon hll' BeN'ot IllIlled WI extm It Uf)gl1ld8I. FOOfbellroClml,,5l\11lbathtm3lJllrbBdroom .mll5tsee.sIttlIiD....du8lwall{.lndoSets P'tlSlllISfogllteplld,\W1IrlpoaI.tlmlly"" f!nlIllaC1l,HlIrctwooGlIaOrtlnopenfoVel'and ,. Sl.1~ii~Wri--'"1".Ho ot!ERPATHWOlm-ThlStlBWlyIlstedSllllt !e'lelfeatures2fu11batt1s'lIlnBlltnllame master 1llldrOom. FIntmed'i'Irn~ room" spadlltJseountryblttlrln. 861.2'22 'f" . CMIi.IILI '1M.1OO NotthMkldlllton1tlwnst\lp,Fourll!Velspht IeVeIlndmlnbl8nllli;lhbortlOOd. FOUr bedrooms, :u baths; famllV room. and flreItlaCll.1\rIocarglIr1lClf!, oontral alr, comer lot. l'atto.761.S494 ;'One SO"rCe, Onc, A lft'ek'- ~..1. ,-,,,,.~~""~ _1"7 .. ~~-<;'~" .~" ~_....."",,,,.o/!'l' , , DEPARTMENT OF THE ARMY OFFICE OF THE DEPUTY CHIEF OF STAFF FOR LOGISTICS U.S. ARMY LOGISTICS INTEGRATION AGENCY 5001 EISENHOWER AVENUE ALEXANDRIA. VIRGINIA 22333-0001 LOIA-LM (600-8-24) 30 July 1997 MEMORANDUM THRU LP-f jt1-1.n Deputy Direc ,R'view AhdjAnalysis, Logistics Integration Agency, w Cumberland, PA 17070-5089 / Commander, Carlisle Barracks, ATTN: ATZE-PA-MPD, Carlisle Barracks, PA 17013-5042 FOR Commander, PERSCOM, ATTN: TAPC-PDT-R, 200 Stovall Street, Alexandria, VA 22332-0478 SUBJECT: Voluntary Retirement 1. Under the provisions of law cited in AR 600-8-24, paragraph 6-14, I request that I be released from active duty and assignment on 31 May 1998 and placed on the retired list on 1 June 1998 or as soon thereafter as practicable. I will have completed over 20 years of active Federal service on the requested retirement date. 2. Assignment status: Logistics Integration Agency, New Cumberland, PA 17070-5089. 3. Authorized place of retirement: Carlisle Barracks, PA. 4. Location of choice Transfer activity: Not Applicable. 5. I have been counseled as specified by AR 635-10, paragraph 2- 19. I fully understand the provisions of AR 635-10, Chapter 2, Section v, concerning entitlement to per diem, travel and transportation allowances based on retirement at a location of choice transfer activity. 6. I have read AR 600-8-24, paragraphs 6-6 and 6-7. I am responsible for ensuring that a physical examination is completed not earlier than 4 months nor later than 1 month prior to approved retirement date or start date of transition leave, whichever is earlier (Subject physical to be arranged through coordination with my unit of assignment). I am aware that Exhibit "2" ~~ , . . . . . , LOIA-LS (600-8-24) SUBJECT: Voluntary Retirement the purpose of this examination is to ensure that my medical records reflect as accurately as possible my state of health on retirement and to protect my interests and those of the Government. I also understand that my retirement will take effect on the requested date and that I will not be held on active duty to complete this examination. 7. In accordance with Title 10 USC, I understand that: a. Enrollment in the Survivor Benefit Plan (SBP) is the only way that I may continue a portion of my retirement pay to my family at my death. b. I must receive SBP counseling for myself and my spouse no less than 30 days before retirement. c. I will be enrolled in full SBP coverage if I fail to elect otherwise in writing before my retirement. d. I cannot elect less than full spouse SBP without my spouse's written agreement. I received a spousal concurrence for this purpose in conjunction with this application/letter. I realize there are other forms that must be completed during SBP counseling. e. Failure to return the completed spousal concurrence statement to the proper officials prior to my retirement packet being sent to the Defense Finance and Accounting Service will result in my being irrevocably and irreversibly enrolled in SBP at full cost. 8. Address upon retirement: 2219 Circle Road,Carlisle, PA 17013. 9. I am familiar with AR 600-8-24, paragraph 6-22 and understand that if this application is accepted by the Secretary of the Army, it may not be withdrawn except for extreme compassionate reasons or for the convenience of the Government. 10. As leave. with my of the date of this application, I I am taking 78 days of transition retirement. have 70 days accrued leave in association . , " . . LOIA-LS (600-8-24) SUBJECT: Voluntary Retirement with Processing Time Waiver Request 11. I understand the prov~s~ons of AR 600-8-24, table 6-1 or 6- 2, pertaining to determination of my retired grade. Considering those provisions and after a review of my records, I believe that I am entitled to retire in the grade of 05; I understand that final determination of my retired grade will be made by HQDA and that I will be informed if I am not entitled to retire in the grade I have specified in this paragraph. 12. This application is not submitted in lieu of complying with PCS instructions. 13. I understand that if I participated in certain advanced education programs, I may be required to reimburse the United States Government as stated in written agreement made by me with the U.S. Government under law and regulation. 14. My current duty telephone numbers are as follows: DSN: 977-6019 Commercial: 717-770-6019 15. A fax machine is available at the following: DSN: 242-3988 Commercial: 717-245-3988 ~~~:4 /1~ ~RA S. NAIDITCH LTC, QM 469-54-5958 , ,.-.,... ~ 'I .' DEPARTMENT OF THE ARMY llEl\DQUARTERS CARLISLE BARRACKS Carlisle Pennsylvania 17013-5042 ORDERS 238-0004 26 August 1997 NAIDITCH, IRA SCOTT 469-54-5958 LTC W2VN MI LOG INTEGRATION AGY (W2VNAA) NEW CUMBERLAND PA 17070 You are retired from active duty, released from assignment and duty, and on the date following, placed on the retired list. The people of the united States express their thanks and gratitude for your faithful service. Your contributions to the defense of the United States of America are greatly appreciated. Effective date: 31 May 1998 Retirement grade/date of rank: Date placed on retirement list: DOB, 30 May 1955 Sex: M Ci~izenship code: A Retirement type and allotment code: NON-DISABILITY/l Component: RA Statute authorizing retirement: 3911 1370 Vol retirement: 20 years, 2 months, 0 days Section 1405: 20 years, 2 months. 0 days. Basic pay: 20 years" 2 months, 11 days Completed over 4 years of active service as Enl or WOo No Member of an Armed Force on 24 Sep 75: No Additional instructions: a. PCN is: P19970814101116 b. Family members: yes c. You are authorized up to 1 year to select a home and complete travel in connection with this action. LTC/Ol October 1994 01 June 1998 FOR ARMY USE Ret list: USA Total active federal commissioned service date: 01 April 1978 Authorized place of retirement: CBKS TRANSFER ACTIVITY CARLISLE BARRACKS PA 17013-5042 Requested place of retirement: CBKS TRANSFER ACTIVITY CARLISLE BARRACKS PA 17013-5042 Date initially entered military service: 01 April 1978 18 years act Federal svc on 1 Nov 81: No HOR: AKRON OH US Place EAD: AKRON OH US Exhibit "3" iiiJr -- -"-~~ "II ill~Mii<l:ll!1';!'~~;"iIl -~"~"" ". ~- " , ~ ...a......~_ ,~ ~~"~.....,"". ORDERS 238-0004 DAHQs, CBks, Carlisle, PA 17013-5042 MDC: 7B08 PEBD: Not applicable Format: 680 FOR THE COMMANDER: DISTRIBUTION: LTC NAIDITCH (15) Cdr W2VN MI LOG INTEGRATION AGY (3) MPD (OER/EER) Cdr" PERSCOM" ATTN: TAPC-OPG-Q MPD (MGT) DFAS, CBKS MPD (SIDPERS) MPI;> (ACTS) ATZE-DPW-H ATZE-DPW-T MPD (RCDS) FOD, STOP 103B, INDPS" IN 46249-5301 L. M. HL Chief, Military Personnel Division 2 '", 01, _.~-"-~, .. ., ". >. , I: !; 1 26 August 1997 ii 11 ';i 1 , ! ~I 1 I I [I I ..1 I" 'I .1 "I t, 'I I " Sottlement Statement' U.8. Defallmonl o{ Hauling and Urban Development ~ ,r OMB No. 2502-0266 Type of Loan i. 0 FHA 2.0 FrnHA 3.0 Conv. Unlns. lle Number 97-282 4. 0 VA 5,0 Conv. Ins. NOTE: This lonn Is furnished 10 give you a atalemenl 01 aclual aelllemenl coala. Amounls paid 10 end by Ihe aetllement agent are shown, lIems marked .p.o.c." were paid oulslde of closll1g; they are shown hare lor Informallonal purposas and ara not II1cludad In Iha totals. ~~~i~~~i~~0jJI;~~;~~~~~~~i;I:\;il!*l~~~1~~~M~'~~~~J:;j~~~i;~~~I;;~~':~~~i~':: .. "'[' [1:;;[:,:::[;:"'\,....,..,. .' ..\.\....\ ",.,.......... ~AME AND ADDRESS OF SELLER: Kelly J. Kramer and Jill P. Kramer (Seller TIN - ) 114 South PItt Street. Carlisle. PA 17013 l'j.~~j~:~~j~~~;~):.:I:.~;~If~~~iaii~~r~~~ti[~~;:~~ij~f~i.:i.i~h~{~.;9~~~t~~t.l~:~6~~tl::.:.;\':{.i(... '. PROPERTY 114 South Pitt Street .OCATION: Carlisle, PA 17013 EffiEMENT DATE: . Loan Number 03375929 Mortgage Insurence Case Number November 24, 1997 Co~lt'CI .ai..:::prl~~:./:"'" Plnonal prop.rl, K. SUMMARY OF SELLER'S TRANSACTION Oll/GROSS AMOUNT D\JE10'SELLER: 4'ol~:':~~,ri'~r sallil ':'price':.:. SUMMARY OF BORRi.VIIER'S TRANSACTION , GROSSAMOlJNT DUE FROM BORROWER: . . .... 81111emlnl Chitll":..JO_::))qf~~W!I.t: ' ',,'. "'-.""""."'.-:,"-':" .... -' .... .... (Irom""nt ;1400)::-":'::::'::" 10a. C1i'/1o~n-::i.~..:_:::{-: ':' '0 ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ':'())-4ciijtCiij/i~w:n: la~.i::::" 407. County 1I.xel 11 .'::,:?::: "08,:)~'''.lIllm.tnll '::-',11 109. 409. 20.72 '\273.65 ,.,. Coun., I.,.. 11 24 97'0 12 31 108. ......m.ni; ..11 -24 9 7,~ ."'6 ..30 110. Ill. 1'~.' :;':,::'::,"'.'0; 411. ':;'-':::-:.12:\ . nepolll or urn.I' man., Principal atnOUIlI of i1~. 'loln(l) EJdIUng 10Iln(l) laken ,ublecl 10 79,399.62 420. GROSS AMOUNT DUE TO SELLER: 500:". REDUCTIONS i INiAMOUNT DUE TO'SELLER: SOl. ElIc... d.poI" tn. t,n.lIUC1Ion,) SQ2;:::aetii.menl: ct."ig.1 'io _.'~'II.r_ (lin~_:::~4QO) ::,:=,,':::-: ,::,:::,:.::.:--,-. 77,194.37 . GROSS AMOUNT DUE FROM BORROWER: . AMOUNTS PAID BY ORIN BEHALF OF BORROY/Ell: !h210;64 03. Existing 10In(8) liken lubJecl 10 50,/p.;.!l~fii,.r;n.i,g~.'I.'nCouO~r.YWl~eHomeloans . ..'59 .945.50 507. '\:294..75 s.., i,.......i.itlosl tig,Cosf'Asslstance 508. .......2.94 '.7 5 Clilsing Cost.Asslshnce \DJUSTMENTS FOR ITEMS UNPAID BY SEllER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. Clly/lown 11XII 21'1~ CO~ntv taiC~'ii ,:>:':,': . '0 510. Clly/lown laxII. 10 51~. A......m.nt. to 2',3: 214. 2\50. ':-', 218. ':HI. 1219. . [. TOTAl PAID BYIFOR BORROWER: . CASH AT SEirlEMENT FROMff0 BO ,OWER: . Gross amount due from borrower '11.ne 120 , Less afllOunt aId b !for borrowtir,, },tne.220 , CASH (€IFROM) ( 0 TO) BGJRR(pWER: 73,844.75 614. :' ': ,"',~-5i5Y: 518. ':"::-':-,617;: su. . . 'S19. 520. TOTAL REDUGj1;10NS IN AMOUNT DUE. SELLER: 600,' CAsH AT SE:ntEMENT'TO/FROM SELLER: 601, Gross a aunt due to seller line 420 602: Lessreduct'ris 10' amt.'dueseller line 520 603, CASH ( ~m) (0 FROM) SELLER: 68,450.89 , 68 450.89 8,743.48 HUD-l (3'86) - RESPA, HB 4305.2 Exhibit "4" PAGE 1 'fU<'''''I''''_'_,.,.,_ --"'~- .- . -" ~ "- .~" ... ~~ __"''''''l_'-''''~""",,,,,"_ / Av. 3/~tf)."..._;,;__:..." TOTAL SI\LESlBAOKER'S COMMISSION BASED ON PRICE DIVISION OF COMMISSION " '. 2'3' 2.~: 0 0/<::':." i::) '. ','.' 2 282.00 o cOin lit.ld ....;'.::~I:::::-.~::ti~.~'.~-{;;:;. . Mo 1 . . In,Ulane I.mlu tor ....,;,...:"'t~;/::.::":.,.. mo.. to . FloG In.urane. remlum tor re. 10 'Courier Fee! CoJiJmblil Hatlonal loco SERVE DEPOS TED WITH LENDER: . '-'-. monlh.'@ $ monthe @ S months.@ $ '. 11 month.@$ ": ",oRlhl @ $ -::'';'' month, @ S : mOnlh~;-@ -, '.<..: month. @ $ Escrow:Ad uilt..ent )3. ell fO. I ..". ~4. Caunl fO '11 tax.. 06. FlOG In.uranc. 07. 0.. 'A re eteActo~ntln ' 100. TIll. CHARGES: . . 0 c In I 0 o ",' 6 'o.>Tiil~::('~ui."'~rb{ d'~'::"'~: >:'::::::... ',"' 05. aCum.n. r. .'lllon 0 I08.:."ttci:. 'I" " it:: 107. ",norn.y', I.., 10 Include. above I.m 'Cas O'Brien, Baric & Scherer Numb,,.: 108. 1111' .In..'.... t..'~hrtstopher C, Hou~~o",E~q~ir~. I iiJde bovt' ',' er' ' 73 050.00 76900;00 Olsbursement Fe : Christ her C. Houston Es x ress al : Chris 0 her c> Ho ston '. E .. 110. end ' o ., no '0 avo a . 111. 112. 113. 200, GOVERNMENT R CORDING AND TRANSFER HAR ES: 201. "',cordln :-,...: -:,'.:' . (j d .; 202. ell ounl la 'lam : O..d o -8 a a ,. '04, Sat sfa tion Fee' Recorder 205; 1300. ADDITI AL ETTLEMENT CHARGE ~M~i'l a ,: 769.00 69~00 fOeeds . 1302. P..t In. .cllo to Penn Pes Inc 13. ,... .....C Ins ect Ion: ,a08 so. . '.~. SETTLEMENT CHARGES' u..:~ ,_., .. $ 76,900.00 @6.000... 4,614.00 PAID FROM BORROWER'S FUNDS AT SETTlEMENT pAID FROM SELLER'S FUNDS AT SETTLEMENT {4i..'614;00 Inc. 365.25 nc, 225;00 85.00 Un! ted Guarant :':---'pet:'moriif,':"" p.r month ')(P'f.' ili'O~lh'::- . per month ":;:/'p~(ni<i'"i'h<.:' .: per month ..~ ;:, :'p.t pOt month ""'-';':""';-.' . 16.59 '38.0 "',\':",' ....:3.00: 20;00 . lea.e.' . 769.00 769.00 12.00 30.00 522;8 360.00 2 205.25 8 210.64 011,,1.1/24/97 ::::,,0' ~O"DW": !lonow.r: Dale: 011.,11/24/97 Sell.r Of Agent: 011.,11/24/97 rht HUp... 8.Ut.m.nt atae.ment whleb f have plGlparld I. . trUI and accurat. account of 'hi. 'rannctlon. wllh Ihl. .'a'lmtnt. Christopher C. Houston, Esq. !YARNING: h I. .. crlm. to knOWing')' makt 'af.. ,Ialtmenl. to the Unlttd 81al.. on Ihl, or In, olh.r Ilmllar lorm. 'tnalll.. upon convlellon can Includ. a line and Imprl.ono :nenl. For dtlall. ...: Thl. 1. U.8. COd. alCllon 1001 and aec1l0n 1010. 011.: {>1'~",,,,,,,,~~_,,,,,,"_,~,. ~ ~"~'O<=f~f"""""""~:~,,,,, or will CIU.. Ihe lund. to b. dl.burtld In accordancl S,"ltm.nr "'g,n 0...P/24/97 -"""""""',-, " -7 , J A. u.s. DEPAPnMENT OF HOUSING and URBAN DEVELOPMENT" ' " OMS No. 2602.0265 . , SETTLEMENT STATEMENT TITLEPRO CORNERSTONE lao8fpllnl LAND TRANSFER, INC. B. TYPE OF LOAN 5 West Main Street 1.( ] FHA 2.) ) FMHA 3,~) CDNV. UNINS, Shlremanstown, PA 17011 4,( IVA 5,) ) CONV.INS. 6. FILE NUMBER: I 7, LOAN NUMBER: Phone: (717) 730-9664 Fax: (717) 730-9665 970590 17125603 8, MORT. INS. CASE NO,: C. NOTE: This form is furnished to give you a statement of actual setllemenl costs. Amounts paid to and by the seUlement agent are shown. lIems marked '(p,o.c,)' were paid oulsldalha closing; Ihay ara shown hara for Info,mallonal purposas and ara not includad In Iha lolals. 0, NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: CURTIS W. FULFER DOUGLAS S. FRANCIS BARNETT MORTGAGE COMPANY KAREN S. FULFER ELFRIEDE FRANCIS 3101 PETTY ROAD, SUITE DURHAM NC 27707 G, PROPERTY LOCATION: H, SETTLEMENT AGENT: I. SETTLEMENT DATE: 245 N. ENOLA ROAD CORNERSTONE LAND TRANSFER 12/12/97 EAST PENNSBORO TOWNSHIP PLACE OF SETTLEMENT: CUMBERLAND COUNTY 5 WEST MAIN STREET, SHIREMANSTOWN PA J, SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER .00.GROSS AMOUNT DUE TO SELLER 101. Contract sales price 54900.00 ,0l.Conlract sales price 54900.00 '02. Parsonal prope'ty ,0'.Parsonal property \.3. SaUlemenl charge. to borrowe, (line 1400) 2641.14 -403. 104. 404. 1.1: 105. 405. Adjustments for items paid by sellef in advance Adjustments for Items paid by seller in advance 106. Clty{fown tax 10 406. Cltyrr own tal( '0 101. County lax 12/12/971012/31/97 6.79 407. County lax 12/12/97'012/31/97 6.79 t08. Assessments '0 408. AssElssments 10 109. SCHOOL 12/12/97'006/30/98 269.34 409. SCHOOL 12/12/971006/30/98 269.34 110. 10 410. 10 111. SWR: :;>87. 75/Q END 12/31 18.27 411. SWR:1;i87. 75/Q END 12/31 18.27 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 57835.54 420. GROSS AMOUNT DUE TO SELLER 55194.40 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 600, REDUCTIONS IN AMOUNT DUE TO SELLER 201. Deposit or earnest money 1000.00 sOl.Excess deposit (see instructions) 202. Principal amount of new loan(s) 52150.00 s02.Selllamenl chargas to sail a, (line 1400) 4857.00 203. Existing loan(s) taken subject to s03.Exlsllng loan(s) takan subjacllo 20-1. sO'.Peyoll ofll~lCIlUIxCgxiJlKbOm< Sales agre ment ORIGINATION CREDIT 521.50 DALE A & KIM S, HOWELL 43620.68 205. sos.Payoll of Second Mortgage Loan 206. 506. 207. 507. 208. 508. 209. 609. Adjuslmenl.. for lIems unpaid by seller Adjustments for items unpaid by selle, 2tO. ClIyfTown lax 10 610.CltyfTown tax \0 . 211. County lax 10 511. Counly lax 10 2'2. As.sessments '0 512.Assessments 10 213. SCllooL 10 513. SCHOOL \0 214. 514. 2t5. 515. 216. 516. 217. 517. 218. 618. 219. 519. 220~ TOTAL PAID BY/FOR BORROWER 53671.50 "o.TOTAL REDUCTION AMOUNT DUE SELLER 48477.68 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount dua from borrowar (lina 120) 57835,54 60l.Gross amount due to salle, (lina 420) 55194.40 302. Less amount paid byllor borrowar (line 220) 53671.50 602.Less reducllon amount due seller (line 520) 48477.6lJ 303, CASH (IX] FROI ~ ([ I TO) BORROWER 4164.04 603 CASH (00 TO) ([ ] FROM) SELLER 6716.72 . A ('" -r:t;" /,oj < 'lJb I fJ) !- hJ-:v. ,.' ) ,-" .KilAVK xl ~ i"L C! ~^ ) 'J//!-d -r . /7 Bu~r or Borrower's Signalure Seller' Signature . t Exhibit "5" I:''''~-'>;~_'''' HUD 1 Rev. 5/86 ~.- ~~ '",","""'_'"', _'1"""'__;- U.S. DEPARTM N.O "b' SING liKltlllfl. 'f$.' DEVELOPMENT SETTLEMENT STAJMENT OMS No. 2502~0265 ,. '. .' .EMENT CHARGE'S iALSALESIBROKER'SCOMMISSIONba..donprloa' 54900.00 7.0 .vIsion of Commission (line 700) as follows: To t al : 3 , 843 . 00 3843.00 10 COLDWELL BANKER HOMESALE $ 10 J, Commission paid al SeUlemenl 04. BOO. ITEMS PAYABLE IN CONNECTION WITH LOAN BO I. Loan Origination Fee 1 . 00 0 % 802. Loan Discount % B03, Appraisal Fee 10 B04, Credit Reporllo a06. lenders Inspection Fee BOB, Morlgage Insuranco Appllcallon Fee 10 807. Assumption Fee BOB, FLOOD CERT B09. UNDRWR FEE Bl0. EXPRESS Bl1. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901.fnlerestfrom 12:1.2 97 to12 31 97 @$ 902. Mortgage Insurance Premium for mo. to 903. Hazard Insurance Premium for yrs. to 904, yrs. 10 906. 1000, RESERVES DEPOSITED WITH LENDER FOR lOaf. Hazard Insurance 3 mo. @ $ 1002. Mortgage Insurance mo, @ $ 1003, Cily/T own tax mo. @ $ 1004. Caunly tax 1:1. mo, @ $ 1006, Assessmenls mo, @ $ 1006. SCHOOL TAX 7 mo. @$ 1007. mo. @$ 100B, AGG. ADJ mo. @ $ 1100. TITlE CHARGES 1101. Settlement or closing laoto 1102, Abslract or tille search to 1103. Title examination 10 1104. Title insurance binder 10 1106, Document preparallon to 1106. Notary fees 10 1107, AUomey's fees 10 (includes above items No.:) 1105 1108. Tille Insurance to (includes above items No.:) 1109, lender's coverage $ 1110. Owner's coverage $ 1111. DISB. FEE 1112. TAX CERT PAID FROM BORROWER'S FUNDS AT SETTLEMENT BARNETT MORTGAGE COMPANY 521. 50 FLOOD DATA SERVICE BARNETT MORTGAGE COMPANY AIRBORNE 18.00 325.00 25.00 10.72/day I,,: 214.32 14.25 Imo. Imo. Imo. Imo, Ima. Ima. Imo. Ima. 42.75 10.88 119.68 40.97 286.79 -157.65 CENTRAL PENN SETTLEMENT NOTARY PUBLIC DUNCAN & OTTO 12.00 75.00 6.00 250.00 CORNERSTONE LAND CORNERSTONE LAND 1102 1103 52,150 54,900 CORNERSTONE LAND 1104 100 300 81 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201, Recording fees: Deed $ 25 .50 Mortgage $ 35 , 50 1202. Cily/counlytex/slemps: Deed$ 549. OOMarlgage$ 1203, Slale tax/stamps: Deed $ 274 . 50 Morlgage $ 1204. 1206. 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1'302. Pesllnspeclian 10 1'303, HOP WARRAN 1304. , 1306. 1400. TOTAL SETTLEMENT Ct-lARGES (enter on lines 103 and 502, Sectlons J and K) Mise, $ 61.00 549.00 274.50 SUDDEN DEATH A.H.S. 30.00 360.00 2641. 14 4857.00 Pol11e8 agr08 that no liabllily Is assumed bV Selllamenl Agentlar lhe accuracy ollnlormalion furnished by olhers as shown on the HUO.I Selllamenl Slaleman!. Selllemenl Agent hereby expressly reserves the rlghl to daposlI any OffiOllOts collllclad lor disbursement In iii" Inleresl bUllring account In II Federally Insured insUlullon end 10 credll any Inlerest so earned 10 lis own account all addlllonal compensation lor lis aelVleosln Ihls baRsecUon. HUD CERTIFICATION OF BUYERS AND SelLERS I have carefully review d the HUD.1 Settlement Statement and to Ihe best or my knowledge and belief, It Is a true and accurate statement of aU recelpls and disbursBmBnls mad on my account by In Ihl~ I nsactlon, I further certify Ihat I have received a copy ollhe HUD.1 Selllemenl Stalemenl '- -1'1-0 ( -< ~ Buyer's Address & Phone; T":/AILUW~I'i1li.' (;'~ ~ ~.Li.'iC.d I.. h". ..d .ee""I. 'ccoonl ol'hl""...cll,n ':;; ~;/;;;" c.".. Ih,'nnd. 10 h. d..bu...d I. 'co",danc. wilh 'hi. "a'.manl Selllemenl Agenl Dale ~ I t WARNIN~II:~ Ii 8~ ulsect~jons=~iPo'~ loti ~~~~:~~~~~ici~solo Ihe Unllfld Slsles on Ihis or soy tilmUar lorm Pensllles upon convlcllon ~an incllldo a line and Imprlsonmenl For delalls lee I1UD.j Rav. 6/86 'i'''-''''''''''f1''_l!ffi'I1;"I~HIii;'~'t'~_~< ~\" -" "-.- [ --'''''=~''''"''''''''".. A, . . SETFLEMENT STATEMENT U.S. "OePARTMEN'r' OF HOUSING AND URBAN DEVELOPMENT " , , c;? OMB NO. 2502-0265 S. TYPE OF LOAN 1, t1 FHA" 'i. (l FIlIHA 3. [1 ConY. Uni..16. FlLENUMSER 17,I.OANNUMBER 4, [Xl VA 5, [ 1 Con... In.. I 97-369 64301S5 - C. NOTE:Tn;s ~orm ;s furnisned to give you a stst~ment 01 8ctuel settle~ent tosts. A~nt8 p81d to .nd by the settlement agent ere .sno\Jl"l. Items marked .1 [POe] II were paid outside the closing; they are shown here fer inforutional purposlS end are not includod in the total.. 5.0 10-06 (8/97-369) D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER IF. NAME AND ADDRESS OF LENDER 8. MORTGAGE INS CASE NUMBE Randy S. Good .Joseph T. Cowloy and Rite M. Cawley PHHUS MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 G. PROPERTY .OCATION 2208 Douglas Drive Caeli.le, PA 17013 Cumberland County, PA H. SETTLEMENT AGENT CENTRA. PENN SETTLEMENT SERVICES, INC. PLACE OF SETT.EMENT 4309 L;ngles~o~n Road Hieei.bueg, PA 17112 1. SETT.EMENT DATE Januery 5, 1998 J. SUMMRY OF BORROWER'S TRANSACTION 1 on ~'O" AI""'NT DIIF F ROM aoRROW~_. ~..Cantract sales Price 1n'- P.~~ftn8l Prooertv ~~~l...ent ch.eae~ :!;p Roeeower ~in~1~ 'lIJ:'t'lllol!!l"lt.!l for it@a ..,..;d bv S@ller. '\~v..nee ~ C~tvlToun taxes tQ... _ ~ <eh""~l Toxe. 01-Q)~98 ~o 07-01-98.. - ig~ As.es.:~~,s to .~. '!1n , 111 _ - . .. ' 112. I 120. GROSS ~MOUNT DUE FROIl BORROIIER 10M '""/I"TS DUD "v OR IN BEHA1.F OF FlORROWER _ 1201. DtPosit or earneet money ~ PrineioBl Amount of New Loan(s} ~. Ex1sIina Loan(s) Takt~.Subiect to n. K. SUMMARY OF SELLER'S TRANSACTION L/.nt' G~n~g AMOUNT OUl: TO s"'LL!R '~o.." l~ ,--- ~o;-~,. _ - -- =-1 .~ "^r ,..M' _," hv <.11.. ~ 406 Cit.lTown fe... .^~ _T"}l*~ 01- - & JS . -r.... 111,500:0 543.7 <I,,, MO ..- 41<1 .'11 412. 122,047.65 420. <rm 501 ~.. 1 GROSS AMOUNT DUE TO SELLER 112,043.7 ~.. 7. F-' Adjustmt'!'nt9 tor 210 C;tv/rO~n Taxes 11 Sc.hooLr,.)(f'!!'; *",Asseasments ~~ 16 '-7 ,,, 219. 220. TOTA, PAID BY/FOR BORROWER 300. 'ASH AT SETT.eMENT FROM/TO BORROWER 301. Geos. Amt Due feom Borrovee (lin.120) 122,047.65 302. Les. Amt Peid by/foe 6oeeowee (l1n.'220) ( 115,84S.02) 303. 'ASH [Xl FROH [ l TO SORROWER 6,198.73 Th. undeesignod here:;;kn?e 7Vlet.d copy of BORROWER 7' -=:;-,,~ .ondy ,,~ G_ ~ 1 IN AMOUNT DUE JO SFIIFR DODo.it t... '^"trucHons' S.t!L.men~ Ch~rn.~ to Seller 503 ".iot;na Laon. T ' ct to -:-:=-::- nl. PAyoff 1 st: Mi:o 1'1'1 r..nual!!ld I06S 1 04,u;uL 05 ~ p.; a~ geoond L^an . j>;.;;. unDs;a bv srll'~~ 01-01-08 to 01-05-96._ ~. 'to ,,0 -1 07. ""'" 1<09. __ Ad;us1:me"~~ ~n~ 10. -~4~v/Town T~~et Tn.. .- ; UtSAd... o ds 115,848.92 I",. A&S I." . ""4. ." ,,11; S17, SIR 519, 520. TOTAL REDUCTloN AMOUNT DUE SEL~ER 600. CASH AT SETTLEMENT TO/fROM SEL"ER 601. Gro.. Amount Due to SaLler (lin. 420) 112,043. 602. Le.. Redu.~jon. Due Sollee (line 520) ( 79.965. 603. CASH [Xl TO [ l FROM SE..ER 32,078. pege$ 1&2 of thi; statement & any attDchments referred to har SmER $!;~ -:: /l"" / L... J ~C.Wley =:=t SEL.ER Rits :. COW~ ~ ;1'ems ul'IDeid by ~81t.~ .. 01-01-98 to 01- _!-,,~ _ to . .,' to_ l-~ 'j I I I 79,965. BORROWER - HUD-1 (3-86) RgSPA, HB 4, Exhibit "6" " .' , , '. '. J " - SETTLEMENT STATEMENT PAGE 2 L, SETTLEMENT ~HARGES ~ -r>. r.~~;.uions BaJ;.M ~P'1 Price S D;v........... ....F Ca..his...... it..". 7QO\-';;-.follows' 170'1 s .7.805 00 to CB fjOMlul'Ale Service.. ~..euD Inc. ~s _ to :' '''''PI D:a.;'" .., S.';'! I elltent: 704. IBOO. ITEMS P TAiLE IN CONNECTION ~ITII LOAN \mtl. '~n . F_ 1 ??oo ~ IR oan D;.&:e--" 1 U4;;n . ~\ F... _ Cred1 t ~~!IOrt ~~""'. FIl. o t BIns .Agc. Fee .&u.lllflntinn Fit. 1....-1 Certification ~ ~_Mort98ae Se..~1e;Mn Fee 810. Tex ~er\!i ce . 611. 900. ITENS REQUIRE~ 8Y LENDER TO 8E PAID IN ADVANCE 901. r:t frt':lll 01-05-98 "("J 01-31...98 iilS "Q3OQOO/davl ~902 Hor.taace In5urance .p.. ...mium,for ~th, t~ . W8,ard Insurat\ct. fJrelRiUIII for '.. vears to 4. to 90S. .. .... ! IoIs7ard Inauren~e_ _, 000 IIOnths W S fnll;url!ll'\t::e 1IlOn1:hs :iI & ., C' iO\Jn TIX~1 13 ODO IIOnths Gl_. 1nnL Sc.hool Ti!!IX.1O ~ B 000 l'ftOnths .;! S 1nn;; h"esll:ments _ months ~ 1. 006 _ ~... month& _" :;'\ S 007 _ month. ~ 5 1006. <m m Q ~ PAID FROII BORROWER'S FUNDS AT OFTTIF..WT PAID FROM SELLER'S FUNDS AT_ OFTT' ..FWT 6 jj( :f OWWUS: to to to to PON ,. 1 ~~. ~ 11 r'!:l'Ia1'1" ~."v;c@lII_TI'lt': p~~JS MORTGAGE CORPoRATION OM' ...~ <5^JlIlll. "1.~Jl[: to to PHWUS MORTGAGE -;;;- u.; ....,. CORPORATION "~~,, ., 7 '7 dey!! Yol <OJ. ., 21.08 o.~ lIIoP\th .M" l\'I&nt:h .30...... ~n' 91 5~. ~.. Mnt _.~.h 1.2.16 ~~ oer MOnth -414,91 ( 1,01. Di t F.. ,. 10' _ .Sc!o Me; l Fee _ 103. T1t~t FxeminBtion . ,o.t.. T'I TI'\~lJrBnc:e Bindet- 1105 Document ~~~n8rat;on 11Qn. Nl)'t..i!lrv F@ll!l~ \107. Attornev.s ~eeA .~ (inc ludes. Irnnvt"! i tem numbt!';~~'. 110R, T1tle Insurance._._ to centrBl Penn settlement ServiC:!!'9 .,. (;neludes l!QgI.lII!I ;telll number-so .tOO 100 B ., 1109 lenderls cov.r~e s 114.84~.OO "," ""no.'. Cn'~'o' 5 111 .son 00 ).m, -' _. 1';> -- 1'1J~ ~ GOVERNM~NT RECORDING ~ND TRANSFER CH~RGES i1201. R~~ordinM ~ees' Deed $ ?9 SO :M2r~nA~. $ ~6 ~o :Releages! ~'7 Citv/Coun~v Tax/StaMOS: Deed S 1.115 00 :MortOAoe S ~tBte T.M~/SfAMn~: Deftd S 1.115 no :Horta.ln"i* So 1 04 Sewer & wa~er finaL .to Ca~l;&le Suhu~ban Autho~itv 1205. Deposit to t.rl;9t~ suburbln Authority ON~l .SFTTlFH~NT CHARGFS , 301, Survey _ ",n, _ ~"'<t.T T"Ap~~1'1on 1303. ~ame ~arra"tv .nn.r. 1'.I05~ to Central Penn Set~lement Svcs. Ine. to Cen'~.1 Penn Settl.M.n~ S@rvices T~r. to .. to .... to Mich.el to Centra l to ~~ . ~1 Wl.lnf't: Esau; 1"8 Penn SettLemenT Sarvices "~.d pren '7~ 11. Inr: , Inc. l .- - I I " _M._ 66 nn 1 11~ - ..- 1 115 00 ~4 76.75 to to Bnu_~; Pe~t Coh~~ol to American Nome Sh;eld 'n.n Ho/lte' U.......1I"Itv 1400. TOTAL SETTLEMENT CHARGES (Enter on Line. 103, Section J ."d 502. Section Kl 10.003.92 9,~4 By "9n,,,g page 1 of this statement, the .,gnotori.. .ckno~ledg. rece,pt of . complet.d copy of page 2 of th,s 2 p5ge .tatem. (8/97-369) Cert11itd to be a true copy CE TRAL PENN SETTLEMENT SERVICES. INC. Settl*ment Agent .. . .. '!" '. '. . A. SETTLEMENT STATEMENT u.s. DEPAR'DlEN'l OF HOUSIIIG AND URBAN DEVELOPHEH'l' 0HJl NO 2502-0265 f r " i! I ~ I i,~ i: Ii ,I ~ " H " Ii i' . B. TYPE OF LOAN 1. [XI FHA 2. l ] FmHA 3. [ 1 Ccny. unie.!6. FILE NUMBER \7, LOAN NUMBER lB. t<<lR.'l'GAG'E INS CUE IfUHBER 4. [ J VA 5. f I Ccny. InB. 97001461.SS 6'8712 c. NOTE~This torm 18 furn1shed to give you .. statement o( actual sett.lement eosta. AJIlOunts plIid to and by the 8ettle.nt agent are shown. Items 1llarked "IPOC)" were paid outside the clasing: they are shewn here for InfoaDat,ional purpos.. ancl are not included 1n the tota19. 5.0 10"96 (5/97001461.S8) D. NAKE N'lO ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS or LENDER Diana Lynn Resch Single Woman Evelyn E. Butler Hellon HOr~4g'e CDlapany 131 Bri.~ood C~urt. 603 Beman Avenue 501 Solidoy brive Camp Hill. PA 11011 Lamoyne, PA 17043 ~lttBburgh, ~A 15220 G. PROPERTY LOCATION H. 81l'l'TLEHE11'l' AGEIl'r 195-40-8663 1. BE'l'rLEIlEtrr 0_ 603 Herman Avenue ""BEM Q. IWlEBACH, AT'ltlRNEY AT LAW Lemoyne, PA 17043 JanUAry 27, 1998 CUmberland County, PA PLACE ~ S=EMElI'1' TAX PARCEL '12-22-0824-179 107 Locust Street Barrisburg, PA 17101 J. SUMtotMlY OF BORROWER" 5 'rRMSACl'ION K. StJMoIARy OF SELUR' S TRARSAC':ION -;; ,M o.i.. ~_,.. ::;~-_.- ... o."~_,, -.: OM M .M .M 'n' H._"n, , -::.;..- .M ,.. Ma .n' .. ,. ..,.~ <.." .- -.- ,no n, .-- .n, ~. ., .n. n~;:"'. _.~. n<.<__ n'_M... ,.. " .n, - 00 - - - ==: =- "_n ... n .. ... .. . .. M_"..O., n._n,_no .. .. ,nO ~. "n .., 112. 412. 120. GROSS AMOuNT DUE FROM BORROWER S8 428.91 420. GROSS AMOUNT DUE: TO S'ELLEl\ 55 105.65 "n. .... .- .. -.. ....... .- oM .. '"N~ n'~ ~ .0.._ .n. --... ,.. -.- ~ ,. 'M ~_.. .. ,. .. ..~ .. <_". .. oM . .,- --,~ .M _~L.L .. ~... ....... - ,no ,n, _~ _u .. .. ?n. ,no ,n, ,n_ ::; ~.-- ., ?n. ,no 'no ,"n ... . 0.."- ..n . -... n,_n,.n: _. n.."... ^ .. ,on .. _. n. .n, ..~ .:_--.,. ... .., ..,;"" -.-. 0.. ~~..;;.. ~_. '..? ., --~ '" -;:: "" ..; ... ... .., ... ,,, "0 ... ... 219. 519. 220. TOTAL PArD BY IFOR BORROWER 58 366.67 520, TOTAL REDUCTION IIMOUIIT DUE SELLER 7 484.57 .)00. CASH AT SETTLEMENT FRCfolITO BORROWER 600. CASS AT 8E'1'l'LEMENT TO/FROH SELLER .301_ Gross Alllt Due trom BorrOk'er (line 120) 58,428.91 60l. Gress Amount Due to Seller 302. LeSB Amt Plljd bv/for Borr~r (lin. 420) 55,105.65 fUne 220) 58 366.67' 602. Less Reductions Due Seller (line 520 I 7 484.571 303. CASH 'Xl FR"" , 1 TO SORR""'" 62.24 603. CASH -'~X' TO f IF""" SELLER 47 621.08 Tho undorsigned h~c(l~OW10dro roceiP~ a comple.Bd copy or pag.. 142 of'thia sutamsnt " any .t:t~hRutn~8 reterred to here1n. SORRC1WER I . ':'i,'1 I.l.ln.~\. .!Cltyh ~ Ct.. O'f".;J.'J" ~ " / SELLeR ~.'j lA.l I~t f.~O, f ~ Df&.Ra Lynn Resch ~velyn E. Butler 6t ~ ,. ~ SORRClWE1\ SELLER :....- Exhibit "7" BUD-l (3'86) R&SPA, BB 4305.2 " 1Il-"] /...l.. . . , , . '. ".. SE'l"l'LEllBIIT 8TA!rIIMEIrr PAGll 2 . ,,~ -. ;_~'"^M'. PAID PlOt BORADWER'S F\IIlIlS AT PAID ncM SELtER'S F\IIlIlS AT . .- M. ._~. . .. _A. ,. ". .. . .. .. -~ . ..00. AA 00 . .. ;.00 - -- -- ~ 21.50 ~-- , .... " . _A. A. ... . --~ " .. ,. ..,. =-=~ .. ::::: . .. '0' ..-:: .~ 811. 900. M. ,;:;: .. ., .. ,,-- .. Couder tee ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE .".^" M.M ... ., . ,," .. ,. to Mallon Morop;'.nB CombanV -:-: A" 905. .. ',A' U. .. .=:- , nM mM.h. .. ... . . "M. ~ . ..h . . .. .~~ =-.. .. ... -:-:.. .. .. ... ."' .. .... .m nU .. ... .m ..... , .. ,. "A' m.v~. .... , ,~. M' -:-.- ,... 1008. AGGRECATE ADJUSTH:ENT -270.12 "M .._, - . _. .. ."" ~ ._~ ... .o., ..... "A' ;::- , .... ,."~ .. UM ;~ 'M 00 "..- .. "".~- . -:: .. -. r A' 'M .. " ...... ;. ..... I . .. .. 1113. " .. "M .... .'M ........ .. 1205. Home Warranty ;~;;. .... , :-::..~ ., ~ . .,. o. . ..00 "A "^ 'A 00 .. .. 003510050 360.00 .. :. "". .. 1 855.00 ~ 7,.'4.90 / .3,J~.26 ,. -".. -". to American Home Shield . . ..., .: _.: 1305. FHA Re~lrs r. r ._ .. :::-:-;- to Sterllna Adams 1400. TOtAL SETTLEMENT CHARGES (Enter On Linss 103, Section J and 502, Section K) By Q1gn1n9 page 1 ot this statement, the signatorieB acknowledge (:5/97001461.55) Certified to be a true copy receipt ot a .:ij~Pl'eted py oroopa. gQ 2 or/this 2 fh (.. , ,7 , .' ~',,~ page statement. ROBERT G. RADEBACH, A'l"l'ORNEY AT LAW Settle~nt Agent ~^" ~ r ~ - . ~ . " SETTLEMENT STATEMENT 'u.S. 'clEf'l/.RTl1ENT OF HOUSING AND URBAN DEVELOPMENT '. Il., 'A. B. TYPE OF ~ I 1. [Xl FHA 2. [ J FmHA 3. (J Conv. Un;s.16. F!L: NUMBER 17. LOAN NUMBER 18. MORTGAGE INS CASE NUMBER , 4. ( J VA 5, r J 6450365 Conv. Ins. i 98-134 C, NOTE:ihis form is furnished ~o give you a statemen~ OT actual settlement costs. Amounts paid to and by the settlement agent Cire snown. Items mar!(ed II [POC] " were paid outside the closing; they are shown here for informational purposes and are I ~ot included in the totals. ;.0 10-96 (10/98-134) 10. NAME AND ADDRESS OF BORROWER IE. NAME AND ADDRESS OF SELLER IF. NAME AND ADDRESS OF LENDER Da~n Crosson I Patricia V.S. Horris and I PHHUS MORTGAGE CORPORATION Jilt Suzann Morris 6000 ATRIUM WAY I I NT. LAUREL, NJ 08054 1 I I G. PROPERTY LOCATION IH. SETTLEMENT AGENT 1. SETTLEMENT DATE 38 South 28th Street CENTRAL PENN SETTLEMENT SERVICES, INC. Harrisburg, PA 17103 , 1 1 February 25, 1998 Dauphin County, Pennsylvania IPLACE OF SETTLEMENT I 4309 Linglestown Road , Harrisburg, PA 17112 i J. SUMMARY~S TRANSACTION ~SUMMARY OF SELLER'S TRANSACTION 1 o 0 T U 4 OS 0 Oil' Tn S'",. 101. Cont~act Sales Price I 55~000.00 401. Contract Sa Les pri ce I 55 000.00 102. Perll:.t'JmJl P I I.t..n,. ppl"c:.onal p..nner'tv 103. Settlement Charnes to Rorrower l ;ne14ool 3571.04 403. I ,J.[)4 1 105 1 40<. 4, . ments for items oa" b <.1 er -in .:ll"VSllnce AdiUlI:.tm""nts f~r items i S.I .~ v",,~c:- 106. CitvlTown Taxes 02-25-98 to 01-0 -99 , 540.24 406. Citv/Town Taxes 02-25-98 to 01- 1-99 I <40 '4 1n? School Ta.xes 02-25-9 07-n' _OR 1 "4 17 407 SChool T:.llPS 0'-0<-98 to n7-1 1-9R ". 17 108. Assessments to 1 408 Assessments to 109 I 409 110, I 410. 111 ! 411~ 112. i 412. 120. GROSS AMOUNT OUE FROM BORROWER I 59,235.45 420. GROSS AMOUNT DUE TO SELLER 55,664,41 ,nn AMOII"TS p4 Tn RY n. T" .'"A" no .o.onu'. 1<00 .'OurTlO"< T" 4Mnll"T Oil' TO SOl' ,. 201. De sit or earnest money 500.00 sn1. I=....cess Deoosit (see instructions' I 202. Princinal Amount of New 08n(s) , 54 0 Se tee ChaM.- ~ +^ <.".- 1._.1400 -,,- 6 203. Exist;nn Loan(s) Taken Subiect 'to 1 .503. EY;stinn Loans Taken Subiect to '04 'n Mto~ m au hi" Co 1 1 R'7 00 0[. P::ovoff 15" Mt'" to O:o..,.,h-i... n.........sit D::r.nk R. T'" 0< 15' ?R 205. 505. Payoff of second mortaa~~ oan I '06. 506 207, 507. (OeeDS;! disbursed as Droceeds' , ,nR OR I J 209. 509. I , Art; uc:.,.mentc:. for i1:ems lInn::dd -bv C::e I..", Ad."-tme-ts "or .rem. "M.;d bv <.1 I.r I 210. Ci 1', /Town Taxes to I 510. Citv-JTown Taxes to 1 211. Schnnl T;:!IYP!': rn I 11 Sr":hoo T,ves '0 I I 212~ AS5:essments to 5". A~sessments to i ,n l' 214. 1 514. <1< I , 216, 516. j '17. I "7 I 218, I 5:8 I 219, I '519, I 220. TOTAL PAID BY/FOR BORROWER 56,928.00 520. TOTAL REDUCTION AMOUNT DUE SELLER i 29,B07.37 300. CASH AT SETTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gr~ss Amt Due from Borrower Cline 120) I 59,235.45 601. Gross Amount Due to Seller (line 420)1 55,664.41 302. Lets Amt Paid by/tor Borrower <L ine 220): C 56,928.00) 602. Less Reductions Due Seller (lioe 520)IC 29,B07.37) 303. CASH [Xl FROM [ J TO BORROWER , 2,307.45 603, CASH [Xl TO [ J FROM SELLER ! 25,857.04 The unde~s:gned he~~~~t of a comp~pages 1&2 of this statement & any attachments referred to herein '- ~~ -:> 26 ~v. < BORROWER ( SELLER ,~ . [ Yrt.,.~ . . Da\Jn Crosson / / G~c'a ~<:~ris /2, BORROWER S' ~ // /: JL? 0".'J-1 )'1/0 , , _L':7 ,U 14 Jil Suzanri Mory / / HUD-1 (3-86) RESPA, HB 4305, I ~ /' ~--- Exhibit "8" ',~~, " ~~. , . , OMS NO. 2502-0265 ...... ,r - . ., .. '" SmLE"ENT ~TATE!lEIIT ;'A~;;'~:~ c .' , ,~..;" -, . . . ," ~ "':'i:'~-T..:: RJoI~M !"1M Pricp !. I ~ PAID FROII PAID FROM misSion (line 700) as follow~: BORROWER'S SELLER'S T.am FUN?~.~: ~~S AT , .00 to CB Homesale Services Groun. nc. S.TTL NT SE NT ~ssion Paid =to" c:...t , I BOO. ITEMS PAYABI E IN CONNECTION WITH LOAN J!Il1 oan Orioinatio F-- '" .""US NnRm.c.. CORpn..TTnN "4 M 802. Loan Oiscount % to 803~ A rei 'A. "0 \.Inm/lllsal.. .. ~u';OC 804. credit Re~rt to Homesale Hort~ane' Services '0.00 805~ enderls rnsn...ct;nl'l !=pe TO l-Il"ltnPsal p a..... C:::"r"ic... I ,. M 806. l1ortl"lanf> Ins. Ann. F.. to 807 Assumn,.;,.,,.. Fe- tn 808. Flood Cert. fee to PHHUS MORTGAGE CORPORATION 2250 AM ~rl"l Third P~rtv f.. PO bv P"H 0 PHH". rn..O.OTTON .OC 810. Tax Serv; ce 811. 900. ITE"S REQUIRED BY LENDER TO BE PAID IN ADVANCE 901 Inter@st frl:lm - - 0 - 1- $ av( I.. day!'; " 00 902. Mortaaae Insurance Premium for months "0 PHHUS MORTGAGE CORPORATION 1 201.50 9n3 Ha"arM TnSUl"ance Premium Tnr 1.0 vears to I 904. to I 905. I o T.n UTTH ~ I " S '9.98 ner month 59.96 'I 001 Hazard Insurance 2 000 months I, oro't"n::.",.. T...el,,,::tnl"'e o MO ~n"< " . 75 "'er "",,,,,...h lJ. ,n I 1003, CitvlTown Taxes 3.000 months " $ 53 01 ner month 159.03 I 1004 S~ho"'l T="xe~ 10.MO ~nth< " . 90 "A' ~Mh 000 on 1005 Assessments months S ner month 1fllJl. mont:hs ~ S Der IIII"lI'l1'"h I 1007. months @ S Der month 1008. Aggregate Adjustment -224.42 I I I 1100 TTTL. CHA.GOS , 1101. [)isbursem~nt Fee to Central Penn Settlement Svcs. Inc. i I 35.00 I I 11"' FVr'lF'ec:s MJ"\; l Fee to t"'l'\tl"';:1l Penn "-et1'" I emen't S~F'vices nc T 0 1103. Title Examination to ; ! 110_ Titl... Tnsur::tnce RindeF' tn I .110.. Docllment Prenaration to I-Iandler 2. Weiner 75 00 1106 'Sotarv Fefllos to rentra( Penn SE't ernent Servtcec: Tn.- 1000 6"" 1107. Attornevls. Fees to ,. (t ne: l udes above i tern numbers' ; " I: 1108. Ti tie Insurance to Central Penn Settlement Services Inc. 673,75 I ! (ine:ludes above item numbers' Fnd. 1nO~3008.1 710 1109. Lender's toverane S 54601.00 I i: 1110_ 01"lnl9'r" s Cr:tveraoe $ 55000.00 , I I 1111. I I 11 I 1 1113. I I I 1200. GOV RNM NT RECD DING AND TRANSFER HARGES 1>01 Rer:nl"'d; Fe s. D ort a S eleAs..... ~ 90 .n 1202. Cit County Tax!StamDs: Deed S 550.00 'Mortoaoe S 550" St. ax Stamos: D.Ad . 55 00 'Mnl"'toaCle $ 00 1204. 1205. 13 ADD TION SETT M NT CHARGES 1301. Survey to , , nn,. Pe..t Tno::nection '" Terminex I I ~it.O 1303. 1998 Co. & Two. tax to Ronda A. Yhite T.C. I 636,0 n04, Tax Cprt. '0 Ronl'h, A White TJ I 1 0 1305. 1400. TOTAL SETTLEMENT CHARGES (Enter On Lines 103, Section J and 502, Section , 3,571.04 K) : 4,653.5 By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this 2 page statement (10/98-134) CENTRA::::~EM~' Cert ~ f; ed to be a true copy INC. Settlement Agent ~" - ft. H,U.tl. SE'm.EM~NT STATEMENT lOUR FILE #. RE98-47 Loan #7361579 . . . I B.LOAN TYPE: i LENDER: lS.~ 30 YrS: F:i\ed PHH Mortgage Services Corporation; C.This fOrlll is furnished to 'iive you a statement of actual settlement costa. Amounts paid ,to and by the settlement Agent are shown. Items marked P.O.C. were paid outside clQsing_ , ,D. NAME OF BORROWER: E. NAME OF SELLER: Paul T. Inman Thomas R. Kelly ,Brenda M. Inman i iG. PROPERTY LOCATION: H. SETTLEMENT AGENT: I. SETTLEMENT DATE: I Duncan & Otto, P.C. Friday 13-Mar-98 . 178 Virginia Ave., Carlisle, PA 17013 1 Irvine Row North Middleton Township, Cumberland Co, CARLISLE, PA. 17013 2:00 p.m. J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 'DO GROSS AMOUNT DUB PROM BORROWER 400 GROSS AMOUNT DUE TO SELLER '0' Contract $al.. Price $72,000.00 40' Contract Bel.. pricQ $72,000.00 '02 Personal property 402 Personal property 1103 Settlement Char9.. (line 1400) 4393.60 403 104 404 'OS Adjust..nta items prepaiet by .ellar: Adjustments it... prepaid by seller: 405 Ioocal taxes 'too 31-Dec-98 222.18 10' Local taxes to 3l-Dec-98 222.18 40' AB.e.s.ante '07 ABs8aements to 407 School taxes to 30-Juu-98 274.92 108 School tax.. to 30-Jun-98 274.92 408 10. Reimb. to Seller (sewer) 14.25 40. Reiab. from Buyer (sewer) 14.25 120 GROSS DUE FROM BORROWER 76904.95 420 GROSS DUE TO SELLER 72511.35 200 AMOUNTS PAID BY OR POR BORROWBR 500 REDUCTIONS IH AMOUNT DUE TO SELLER 20' Deposit or Earnest Money 1000.00 501 Excess de_posit 202 New Mortgage Amountl PHH 57600.00 502 Settlement charges 5549.86 203 Exi8ting loans taken subject to 503 Existing loan. taken 204 504 Payoff lot JDort9ag-e PHC 60792.44 205 50S Payoff 2nd mort9aqe 200 Credit from Seller-closing coata(repairs) 550.00 500 Cr. to Buyer-closing coats 550.00 207 507 Adjustments for itellls unpaid by seller 508 210 Local Taxe. to 13-Mar-98 0.00 Adjustment. for items unpaid by Seller 212 A.....ment. to 510 Local taxe. 13-Mar-98 0.00 212 School Taxe. to 13-Mar-98 0.00 '12 Asse.smenta to 215 5'2 School taxe. to 13-Mar-ge 0.00 210 513 . 21'7 514 220 TOTAL PAID BY BORROWER 59150.00 520 TOTAL REDUCTIONS SELLER 66892.30 300 CASH FROM/TO BORROWER ODD CASH TO/FROM SELLER 3D' Gross alDOunt due from borrower 76904.95 00' Gross amount to seller 72511 .35 302 L'llS8 amounts paid by/for borrower 59150.00 002 Reductions to .eller 66892.30 303 CASH FROM (TO) BORROWEFl: ." ........ $17,754.95 603CASHro (fROM) SEfiI"R: .............. $5,619.05 I hAve carefully reviewed the BUD-l Settlement Statement and to the and belief, it is a true and accurate statement of all receipts and my,. ..c/)t~.r3' my b.ehAlf and I have received a copy 0 . s HUO-1 ...~~~ ------ Paul). Inman ':ii',-<, ~'-' ?, (}:/-,-,-,,, ~ Brenda M. Inman best of my knowled'ie disbursements made on for my records. Thomas R. Kelly Exhibit "9" '"-,,,-- "'AGE #2 ..HIJ[} r.JISCLOSURE/SETTLEUENT STATEMENT . . 'l'll PAID BY.. . , , . BORROWER PAID BY SEUER 700 TOTAL REALTOR'S COMMISSION 4320.00 701 LiSting Agency: Jack Gaughen Realtor $2185.00 702 Selling Agency: Coldwell Banker HSG $2135.00 703 Commission paid at settlement 800 ITEMS PAYABLE IN CONNECTION WITH LOAN 801 Loan Origination lee 1.000% PHH MortllaQe Sen/ices Corporation 576.00 802 Loan Discount 3.000% PHH Mortgage Sen/ices Corporation 1728.00 803 Al2praisaJ Fee $250 POC PHH Mortgage Services Corporation 35.00 804 Credit Report PHH Mortgage Services Corporation 50.00 805 Underwriting Fee 806 Document Preparation Fee PHH Mortgage Services Corporation 225.00 807 Flood Certification Fee PHH Mortgage Services Corporation 22.50 808 Tax Service Fee PHH Mortgage Services Corporation 50.00 809 LE/nder Administration fee: 810 Overnight Mail Charges: Duncan & Otto, P ,C, 15.00 900 ITEMS LENDER REQUIRES TO BE PAID IN ADVANCE 901 Interest @ $1 O,65000/day 19 days 13-Mar-98 31 -Mar-98 202.35 902 Mortgage insurance 903 Hazard insurance 904 1998 Co{Twp Real Estate Tax Robin K. Sollenberger, Tax Collector 276.78 1000 RESERVES DEPOSITED WITH LENDER Escrows collected: 1/ mos. due: X $ per mo.: 1001 Hazard insurance 0 0.00 0.00 1002 Mortgage insurance 0 0.00 0.00 1003 County/Local taxes 0 0.00 0.00 1 004 School taxes 0 0.00 0.00 1005 Aggregate Adjustment 1100 TITLE CHARGES 1101 Settlement or closing fee: 1102 Abstract or title search: 1103 Title examination: 1104 Title insurance binder: 1105 Document preparation: 1106 Notary fees: Notary 6.00 1107 Attorney's fees: Saidis Shuff & Masland 175.00 (includes above item numbers): 1108 Title Insurance: WILLIAM A. DUNCAN, AGENT FOR FIDELITY NATIONAL TITLE 725,75 (includes above item numbers):1101-1104 Endorsements 100 300 8.1 $75.00 1109 Owner's coverage $72,000.00 $650,75 1110 Lender's coverage $57,600.00 1111 Oisbursementfee Duncan & Otto, P.C. 35.00 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 Deed 23.50 Mortgage 27.50 51.00 1202 Release Assignment 0,00 1202 County/Local tTansfeTtax(l%) 720.00 1203 Pa. State transfer tax (1 %) . 720.00 1300 ADDITIONAL SETTLEMENT CHARGES 1301 Radon testing: 1302 Pest inspection: $30.00 POC Penn Pest Inc, P.O.C. 1303 Water Certification or testing: 1304 Water & Sewer #030033101 Carlisle Su burban Authoritv 8.08 1400 TOTAL SETTLEMENT CHARGESi .... . . , ..' .. .' i< .......,.. 4393.60 5549.66 (also entered on line 103 for Borrower; line 502 for Seller) I I ~.';Y;_~'Il'I'1fl"llI!flllII'" ~ __ ~-= ^,...., - , !III. . J" '. 1::1..1 .a." ~''''''''.. .' o s: ,::"~- _ceo: \~~2_\;,: ~-;. ~-!,~-:. - ~~ '2~ ~~_~ j>'~ '/ :3. _~", ~,~~~If,'1~~~!BlII<llm_ ."...,-, ~ '. --'~ '.-- ~.~ '>':l' ;',,) -";. ~ '. '~':'\ - "<.~;\ '~~~'A t ,/ ~~; :.< r- .- ~" J:Jl:!W Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IRA S. NAIDITCH, v. CIVIL ACTION - LAW WESTGO II REAL ESTATE, INC., t1d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t1d/b/a CENTURY 21 BRENEMAN AND ASSOCIATES, No. 00-1920 CIVIL TERM Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY Notice is given that Defendants appeal from the award of the board of arbitrators entered in this case on August 29, 2001. I I I I I I " " " " I I I I I: II i I 1 , I I I I I I II ,I 'I I I fL~_ A jury trial is not demanded, I hereby certii)' that the compensation ofthe arbitrators has been paid, McNEES WALLACE & NURlCK LLC ames P. DeAngelo I.D. No. 62377 Debra p, Fourlas I.D. No. 62047 p, O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Westgo II Real Estate, Inc., d/b/a Coldwell Banker Homesale Services Group Dated: September 27,2001 . f"~,c'"".-;, ,>_ ""_, -,-,<.-,:, ,-:~~_~-"_ ",__~,,', ~'>. '_-,-"'-f-? -,,, ~~,'-- ~" _ ",' 0_ ."~ _ ~ 'u _ _ .'"_ _ u.''_,, _".~ ,-, ,oJ ~ ~ D -0 1l' t n 1. "&Q. 7v ..0 D , o (J fP ~ .... () ~ & < - ;V:"""'-,;,~ _-~,\,} ,--~. - , -, -^ I . --~.~ (') r- ~? uti" ~~f --::;L r;. C.-~' -- ~5:':;: )>c ,,":')' ~"~ - - ~ '"', (.-:J () ~~, ,n ('1 -'0 N C;C "D c) -,:,,:;{ g;~ 51 -< (,) i'0 _...J !II ~_~lrl_ft~ I/Ul !;. IItliIJI-rCH PI;' uA-f+ In The Court of Common Pleas of ) ) Wedi;'o IZ /2frv/ {'",IA-f< I //VG. -1/ r!ji./T' ~ Co/dove/! ,a....ketf r~Y'-teS/lJe..r0N>v..PI ""j ) (J:.".:/'t;."'":J .:t I 81!1'1Vevr...AN IZ fJssOGI<'cIes. I/CC ) I/tl/I.i!.' l'elV-ttft-A') ~I .8M tv'evl'1.AN /lrd ) fJ.s.roc:/"h.s, Cqmberland County, Pennsylvania No. 00 , 11 ;m ~ OATH I.e do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Consti~tiQ~ of this Common- wealth and that we will discharge the duties t idelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar4ed, they shall be separately stated.) 1", fp.vo>l., ot PI{}..}(V-frff . o d~IM;+ {Je-k.NJf\ "iT Je I OM . . IJ lifl-oS cO~/'\, , tfs-'t-/( I/\x ~/cI/ 6/ 0, LDIc1~(J J/ <ZMAf'-'e-/krlJ6" e.s 73/), LIt, evt-./W add ^of Arbitrator, dissents. (Insert name if applicable. ) Date of Hearing: Jq fJ~W)1 ~ool Date of Award: NOTICE OF ENTRY OF A Now, the>>~y of !l.(.qe-a;.r- ,~, at/~, .i2..a" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ :AI) CY'> ><l/!'I!!,. . ~._ ,~~ '"-- , - -~- - --.~ Cory -10 e!). Cor'! r~~lCf 9/0P0 ~ mYy~ffJc JUe>l-l"-€-rndl'Lr.r( --Ie:, f+t-iy U. 4in-c ~ f/2Jch~L i2~-s - ~ . -J~S;SL- TJL - ~ 1)~:Lc-/1 'cL --p€~~ . )-,tLw-, - 08'flL. ?ML~ <>J- f)Sf:\oc. ~ c.. lois/or 9-- o c, C ;-,...," ~ rRr r~;~.. G:S ""::::.. -~::. Zf'--- t';._) (l) :'- t.l) I ~-~ . i;~.:: r',,-) -:::.- ~",,' -~, --< (.':-'. ':.J "'""'"""""~ ".,.."... ~. ,_~.,~ _" ,_ f-' 1--' ~:!!i'l'*ifitll!'~!l~~~~~~~Jf!!"'!Il"""'!'I"!!"I"~~_ _~,~ " ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA IRA S. NAIDITCH, v. WESTGO II REAL ESTATE, INC. : CIVIL ACTION - LAW t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, AND CENTURY 21 BRENEMAN & ASSOCIATES, INC., t/d/b/a CENTURY 21 : BRENEMAN AND ASSOCIATES, Defendants : NO. 00-1920 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action as withdrawn and discontinued, Respectfully submitted, 1.2., GJ () \ . fie, o or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Date: ~,=,,- ~. I I: r II i- ~ ~ 1 ~~<~ " ~ [B~1 ~g :t';;; ~, -,,("l ~.:8; .:::::: ~-j .~<: o c) Tl r::::> ,"...... (-) , -.J :.;? i5? i""\) ....., ~ '..',1 r-~ :"~!.3 ._-\ --,"{C) "~~ .+! ;;~;'j\~ '-' . :::-'-j :0 -< It,,r,~iI'4Iffi!~ ~_=t_.""""'~'"o !f'!,,~II~'~J!";<,~~,_.,,)i;OO~~~rili!l1:"";~lWl\!<tlJ!l",{"'~li:w,"~~~Wrn!llll~ II'll!I lII!I!~l~