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HomeMy WebLinkAbout98-01080 .':\ \~ . ~ :r ~ c:s " ~ J'... ~ Q: \1 , ~ ~ / (/ , i I { . ... ~ . .:r '3 ~ . '~ .- A. LARRY BREAM Plaintiff . . IN 'l'HE COUR'l' OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANZA . . . . VB. . . NO. 98-~ CIVIL TERM . . EARL L. DEPU'l'Y, JR. Defendan t . . : IN EQUITY 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 complaint and notice are served, by entering a written 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER TO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I . I J , , Court Administrator, 4th Floor Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 717/240-6200 t \~ , I~ , , ,/ i " " i, f, I , " " J..,;.. Plaintiff indebted himself, and his wife, Cynthia C. Bream, to two mortgages to Adams County National Bank which mortgages were designed to be lines of credit and partnership loans for purposes of purchasing equipment. 5 Throughout the past few years, the Defendant has done the following in violation of the Partnership Agreement between the parties: A. E. F. B. Defendant has misdirected Partnership monies for the sole benefit of the Defendant individually or to pay debts and obligations not in any way related to the Partnership business. Defendant has retained Partnership income and has not accounted to the Plaintiff for said income and Defendant has retained for his own use and benefit all income from the Partnership business. Defendant has sold Partnership assets without the agreement of the Plaintiff and has failed to account to the Plaintiff for the proceeds from said sale. Defendant has borrowed monies on the mentioned lines of credit to Adams County National Bank without Plaintiff's permission. Defendant has negotiated checks of the Partnership by his own signature which checks pursuant to the Partnership Agreement require the joint signature of Plaintiff and Defendant. Such other action which may be disclosed through C. D. discovery in this case. 6 Plaintiff and Defendant attempted to negotiate a resolution of their disputes and entered into a Mutual Release Agreement dated October 23, 1997 (hereinafter referred to as the "Release Agreement"). A copy of said Agreement is attached hereto and marked Exhibi t A. 7 Pursuant to the Release Agreement, Defendant was to accomplish a refinancing of the two mentioned mortgages to Adams County National Bank and have Plaintiff's obligation and Plaintiff's wife's obligation removed from said loans. In return, Plaintiff was to convey to Defendant all of Plaintiff's interest in the Partnership, and the parties would mutually release each other from any further claims. 8 Defendant and his representatives, including agents of Adams County National Bank, represented to the Plaintiff and to Plaintiff's counsel that Plaintiff would be released from the two mortgages to Adams County National Bank shortly after the signing of the October 23, 1997 Release Agreement. 9 ~ -1\ \, I I, r, I, As of the date of the filing of this Complaint, Plaintiff and his wife have not been removed or released from the two mentioned mortgage obligations. 10 Officials of Adams County National Bank have advised the " \1';;' Plaintiff that Defendant has failed to cooperate with them in refinancing the mentioned loans in order to remove Plaintiff and his wife from the mentioned mortgage loans. 11 The actions of the Defendant in failing to have Plaintiff and his wife removed from the mentioned mortgage loans represents a default under the Release Agreement and renders the Release Agreement null and void and unenforceable. 12 Defendant is irresponsible financially, and, unless the Partnership is dissolved, further and greater losses will be inflicted upon the Plaintiff and the said business by the acts of the Defendant, to the great and irreparable loss of the Plaintiff. 13 The Partnership Agreement between the parties was verbal agreement and there was no written documentation concerning the terms of the Partnership. WHEREFORE, Plaintiff prays for the following relief: A. That a dissolution of the said Partnership be decreed. B. That the Defendant be, pending the resolution of the this action, perpetually restrained from selling any Partnership Assets or in any way dealing in any Partnership matters. C. That an account be stated of all Partnership transactions and dealings, and that the Defendant be . ' party who is the subject of a violation of this provision as detennined by the Court of Common Pleas of Cumberland County. Pennsylvania. AND NOW, intending to be bound hereby. the parties enter their hands and seals the date first set forth above. WITNESSETH: cJ(~e~L) EARLL. E TV J c:? Q~~""'-- ,~ (SEAL) . LA B AM 3 ", ,I.~ '"' A. LARRY BREAM, PLAINTIFF : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA v. : NO. 98-1080 CIVIL TERM EARL L. DEPUTY, JR., DEFENDANT : IN EQUITY ANSWER TO MOTION FOR PRELIMINARY INJUNCTION AND NOW, this 5th day of March 1998, comes the defendant, Earl L. Deputy, Jr., by his allomeys, Irwin, McKnight & Hughes, and makes the following Answer to the Motion for Preliminary Injunction: I. The avennents offact contained in paragraph one (I) of the Motion for a Preliminary Injunction are admitted except for the allegations of the Complaint which are to be answered separately. 2. The averments offact contained in paragraph two (2) of the Motion for a Preliminary Injunction are admitted, .. 3. The avennents off act contained in paragraph three (3) of the Motion for a Preliminary Injunction are admitted. 4. The avennents offact contained in paragraph four (4) of the Motion for a Preliminary Injunction are specifically denied. On the contrary, the defendant is seeking to sell the partnership assets at a public sale as originally requested by Adams County National Bank. The proceeds will be applied to the partnership loans, 5, The averments offact contained in paragraph five (5) of the Motion for a Preliminary Injunction are specifically denied. On the contrary, in 1997 only the defendant has made payments on the partnership loans, The defendant now seeks to pay down said loans by a public sale of the partnership a~sets, 6. The averments of fact contained in paragraph six (6) of the Motion for a Preliminary Injunction are specifically denied, On the contrary, the defendant plans to apply the entire sale proeeeds to the partnership loans which payoffs are allached to this Answer and marked as Exhibit "A." 7. The aveOllents off act contained in paragraph seven (7) of the Motion for a Preliminary Injunction is admilled in part. It is admilled that the faOll equipment is the primary asset of the partnership. However, the plaintiff has partnership assets in his possession and has given equipment to his brother which should also be sold and applied to the balance of the mortgages. 8. The averments off act contained in paragraph eight (8) of the Motion for a Preliminary Injunction are specifically denied, On the contrary, the best chance to obtain market value for the partnership equipment is at a public sale which has been set by the defendant. 9, The averments offact contained in paragraph nine (9) of the Motion for a Preliminary Injunction are specifically denied. On the contrary, all of the sale proceeds are to be paid by the defendant to Adam's County National Bank and applied to the partnership loans. 10, The averments offact contained in paragraph ten (10) of the Motion for a Preliminary Injunction are admilled, 2 .,'<:" ., to; <,' :.~. ,; 'n' < . II, "~A~~'-' '", ,I . 6. '>' 'Ii;! Ii :. ,.j- '" " \' ~.! .~4<:? ,,' t \. I~ ~ " \ .' ., .' "',. , \ .,,\, ~4<1 1 ~ "./' " \,' " ~,>'- f'I", ""f , ,~ "", ~J; ~.' .,..:,' ...... ',~, ' ",. .~.,.; '. ( r k }1'1.',' ~ J( !!,' , 'J,!' \1< '(',',.',. I,".' i I; , . , .. , '. ;, \ oj; ''',. ., -, .JI .. . ~ "0,...::1.', ~ l";.:-;~ " -, l,.'1 1\ ".~ f>> , ,~ .... ":: .. J (~,.~ .fl. ',...- 'I. .~I.... "- , l/. I- , .' J ~ " , /./ .)~ " ," ..,' ~, . .!.:....:::':':r-?~ t!--~ \l.4. _\~~ ",0.. .1:,- " ".- >..r. . A. LARRY BREAM . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CVMI3ERLAND COUNTY, PENNSYLVANIA . . . 98- IORO VB. : NO. CIVIL TERM . . EARL L. DEPUTY, JR. . . Defendant . IN EQUITY . ORDER OF COURT AND NOW, this ;!.(.r'day of February, 1998, upon review of the attached Motion for Preliminary Injunction and upon review of the Complaint attached thereto, it is Ordered and Directed as follows: 1. , I A hearing is scheduled in Courtroom No. -,. of the Cu berland County Courthouse on the 5L~ day of '71u,,,- c'.../Z-- , 1998, at.~.m-:-at which time test~mony w~ 1 be taken on Pla~ntiff's request. Pending further Order of this Court, it is hereby directed that A. Larry Bream and Earl L. Deputy, Jr. are hereby directed to restrain from any sale of any assets of the B & D Partnership and are further directed to not incur any Partnership obligations or expend any funds on behalf of the Partnership pending the above scheduled hearing. ~ .:. BY THE COU~ ;L J. cc: Hubert X. Gilroy, Esq. Marcus A. McKnight, III Esq. . A. LARRY BREAM . . Plaintiff . . . . VB. . . . . EARL L. DEPUTY, JR. . . Defendant . . IN THE COURT OF CCMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM IN EQUITY MOTION FOR PRELIMINARY INJUNCTION plaintiff, A. Larry Bream, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff has initiated against Defendant in the above action a complaint for an accounting under a Partnership Agreement, dissolution of the Partnership and appointment of a receiver in connection with the business of the Partnership. A copy of the complaint filed by Plaintiff is attached hereto and marked Exhibit 1 and the allegations set forth in said Complaint are incorporated herein by reference thereto. 2 Plaintiff has learned that Defendant has scheduled a sale of Partnership assets on March 14, 1998. This sale includes a sale of a majority of the farming equipment owned by the Partnership. A copy of the bill of sale for the mentioned sale is attached hereto and marked Exhibit 2. 3 Defendant has started to take actions in connection with this sale by moving equipment to the sale site. , 4 Plaintiff also believes that Defendant is selling other assets of the Partnership in private transactions. 5 Plaintiff has learned that Defendant is not using any of the proceeds from the sale of any Partnership assets to pay down on two mortgages of the Partnership which are currently owing to Adams County National Bank. 6 Plaintiff has learned that Defendant does not have any intention of paying to Adams County National Bank any of the proceeds of the March 14, 1998 sale as payment on the Partnership obligation to the bank. 7 The farm equipment which Defendant is selling is the primary asset of the Partnership. 8 Plaintiff will suffer irreparable harm if the assets of the Partnership are sold in such a manner as proposed by the Defendant because Plaintiff believes that he could obtain a higher sale price on any equipment if it was sold privately in an appropriate manner and not sold through public sale as proposed by the Defendant. 9 Plaintiff will suffer irreparable harm if the Defendant is allowed to sell any Partnership assets and not use the proceeds from the sale of those assets to pay down on two existing .... A. LARRy BREAM . . Plaintiff . . : VS. . . . . EARL L. DEPUTY, JR. . . Defendan t . . IN THE COURT OF COMMON PLEAS OF CllMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL 'l'ERM IN EQUITY 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 complaint and notice are served, by entering a written 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 claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER TO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, 4th Floor Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 717/240-6200 EXHIBIT '"' Plaintiff indebted himself, and Ids wife, Cynthia C. Bream, to two mortgages to Adams County National Bank which mortgages were designed to be lines of credi t and partnership .loans for purposes of purchasing equipment. 5 Throughout the past few years, the Defendant has done the following in violation of the Partnership Agreement between the parties: A. B. Defendant has misdirected Partnership monies for the sole benefit of the Defendant individually or to pay debts and obligations not in any way related to the Partnership business. Defendant has retained Partnership income and has not accounted to the Plaintiff for said income and Defendant has retained for his own use and benefit all income from the Partnership business. Defendant has sold Partnership assets without the agreement of the Plaintiff and has failed to account to the Plaintiff for the proceeds from said sale. Defendant has borrowed monies on the mentioned lines of credit to Adams County National Bank without Plaintiff's permission. Defendant has negotiated checks of the Partnership by his own signature which checks pursuant to the Partnership Agreement require the joint signature of Plaintiff and Defendant. Such other action which may be disclosed through C, D. E. F. ;' , discovery in this case. 6 Plaintiff and Defendant attempted to negotiate a resolution of their disputes and entered into a Mutual Release Agreement dated October 23, 1997 (hereinafter referred to as the "Re1ease Agreement"), A copy of said Agreement is attached hereto and marked Exhibit A, .' 7 Pursuant to the Release Agreement, Defendant was to accomplish a refinancing of the two mentioned mortgages to Adams County National Bank and have Plaintiff's obligation and Plaintiff's wife's obligation removed from said loans, In return, Plaintiff , was to convey to Defendant all of Plaintiff's interest in the Partnership, and the parties would mutually release each other from any further claims. 8 '\ '\ , 1 Defendant ar.d his representatives, including agents of Adams County National Bank, represented to the Plaintiff and to Plaintiff's counsel that Plaintiff would be released from the two i mortgages to Adams County National Bank shortly after the signing of the October 23, 1997 Release Agreement, 9 As of the date of the filing of this Complaint, Plaintiff and his wife have not been removed or released from the two mentioned I~ f~ I, ! i 1 mortgage obligations, 10 Officials of Adams County National Bank have advised the " I' " ! , i I ,. \ :~~ " . Plaintiff that Defendant has failed to cooperate with them in refinancing the mentioned loans in order to remove Plaintiff and his wife from the mentioned mortgage loans. 11 7'he actions of the Defendant in failing to have Plaintiff and his wife removed from the mentioned mortgage loans represents a default under the Release Agreement and renders the Release Agreement null and void and unenforceable, 12 Defendant is irresponsible financially, and, unless the Partnership is dissolved, further and greater losses will be inflicted Upon the Plaintiff and the said business by the acts of the Defendant, to the great and irreparable loss of the Plaintiff. 13 The Partnership Agreement between the parties was verbal agreement and there was no written documentation concerning the terms of the Partnership. WHEREFORE, Plaintiff prays for the following relief: A. That a dissolution of the said Partnership be decreed. B. That the Defendant be, pending the resolution of the this action, perpetually restrained from selling any Partnership Assets or in any way dealing in any Partnership matters. C. That an account be stated of all Partnership transactions and dealings, and that the Defendant be .'1' decreed to pay to Plaintiff that sum which shall appear to be due to Plaintiff from the Defendant upon said accounting. D. That a receiver be appointed to take charge of said Partnership assets, its books, property and business. E. Such other relief as the Court may deem appropriate. February 23, 1998 BROUJOS & GILROY, P.C. 4 North Hanov r Street Carlisle, Pe nsylvania 17013 717/243-4574 717/766-1690 FAX 717/243-8227 MUTUAL ImLEASE TillS RELEASE OF CLAIMS, made as of thiS';;)9.>~ day of October, 1997. by and between EARL L. DEPUTY, JR.. individually, and A. LARRY DREAM. individually. who fonnerly conducted business as a Pennsylvania Partnership known as the EARL L. DEPUTY, JR. and A. LARRY BREAM PARTNERSIIIP. WITNESSETH; WHEREAS. the parties entered into an agricultural business partnership known as the Earl L, Deputy. Jr. and A. Larry Bream Partnership; and WHEREAS, the parties desire to end their partnership and conduct their business separately; and WHEREAS, the parties now desire to resolve the outstanding claims and refinance the outstanding mortgages; NOW THEREFORE, the parties agree to be legally bound and resolve the case as follows: I. The two (2) partnership loans outstanding in the names of Earl L. Deputy, Jr, and A. Larry Bream with ADAMS COUNTY NATIONAL BANK will be refinanced in the sole name of Earl L. Deputy, Jr. EXHIBIT A 2, Earl L, Deputy, Jr. will receive all the partnership assets with the exception of the S-foot leveling harrow. Said S-foot leveling harrow will be the sole property of A. Larry Bream. Mr. Bream will return the Model 225 Fann Loader with the S4-inch wide bucket to Earl L. Deputy, Jr, 3. Earl L. Deputy, Jr. will hold A, Larry Bream hannless and indemnify him from any claim made against him involving the fonner business of the Deputy-Bream Partnership. 4, Earl L. Deputy, Jr. does hereby release, quit claim and satisfy any claim or judgment which he may have against A, Larry Bream, his heirs and assigns, They agree that, upon receipt of the above items of personal property, they will refrain from all contact or harassment of each other. 5. A. Larry Bream does hereby release, quit claim and waive any claims which he may have against Earl L. Deputy, Jr, 6, Both parties agree to keep the terms of this settlement confidential except as required to be disclosed to ADAMS COUNTY NATIONAL BANK to complete the loan refinancing, If either party discloses the tenns of the Agreement or in any manner disparages the character of the other party to this Agreement to any person, organization or corporation, a penalty of Ten 2 Machinery Auction , , " ,3;..: Farmers Combined " ..;~~h 14, 1998 - 9:30.AM Locilled in' Cumberland 'Co. .. Off Rt, II, Between Cnrllsle ond' New Kingston. KosI Rd. 01 Corlisle Trovell'lolJ\.Al'l'rox. Il2mi, to Delich Fonn S.lIIn2 For M.r1. &. 'P.ny Slambou2h. Mechonlcsbul'\l 766-7236 1'onl7600 ~iesel Tn>dor, 80 hp" Good, 1lw1lwD Pocker. 1210, Rdbbcr .' . .. l1:vtr IIrmow 4 Section LU...6.5.6 OIlS Traclor wl3900 IIn.. Orialnlll Rol.ll.rY lloe . EarmaII Super C Fronl & IW' CuItIVll'o" l.IUli 4 Row, 30 In, 1'llUl.er, Fenltlw.l UU.J.O Biller wfThmwer ... - tnsccllcldc' ~ RlII<e UUIJII6 Double DI.k Oroln Drill flm1ill7 n.. 3 pl. Mower NJ.Jll Single Row Picker IbalhHD.& 6 n. Rotary Mower Pn~e P.ntlllll'f' Culler SO n. 8ell &. Pipe liJL 30 n. EJevlllor Harves. Handler Ble\'lUor. 16 n. I!IJl. Aail Chopper ,. > M= 22S bu, MlUlure Spn:ader .' . W. HIlY Crusher Gino" 01 400 aDJ. Bulk Tank &. Compressor 1.Il.Mll3d6 Spring Re..I Plow ikJIDII Magne.le Milker Unl.. , . ... ' flmI3 pl" 7 Chisel Plow . Various other Milk 1I0use Equlpmenl La Tmnspon Disk., Midwesllevelllllmlw PLUS, OTIIER MISC, ITEMS & ANl'lQUES Sellln2 For Wllhur Buch.r. Mechanicshul'S! 766-4865,. j White ~4l 4 Row Wide. NG.<<ilI.Phmler. Like I p Sdcclion of Hone Om.....n' P..auln New Includinp' .... "I'! ~ SOD gal, Spmyer. Fo:un MlUte". Like Wooden Wheel Drill. M,II, lIayLooder , New . . . . flo~ Plllnler &. Cultivator. Of(vcr Hay Rake OolIIlilllllgh Rubber Wheel Omln Drill Wooden Wheel lIay Wagon . Melal & 5.Imkt EJevOllor - HI\\! 1J. Com EJcvOllor. 28 Wooden Beam Plow ' fl.. Tongues - Yokes - Single Trees. Hnr'Vp.!i:t HDndl~r Elevator - tU. 7 0: Pull-type LOTS OF 100 YR. OLD ' Mower COLLECTORS 1l'E~is ' L1l.ilWI High a.... Plow Sellin2 For I.... Denuu;_Gardners 486-4161 , L\Llll6IiVear RoUnd Cab:Oood Ilubber. 'r'JIrillilm 14n,Culllpaeker (-,JII'" lItll Good Condo "/flrilfum 9 Toolh Chisel wlDisks on Front. ; Olesel. 6700 II",. Oood Rubber J Good '. I Sx16 Auto Reset Plow Vl'Dvlor W:lV 14 fl. Disk . .' ' 1LEI. No.olII Drill, 7 i~~ Only Used 3 lI",Bbino 10 II, Rotary Mower. Side Mouno i ~ns .': i~1.fkldSI fl.. 8 m. Grnin Auger ~ . ,~.Ion Sp~er wlRolI Taip r; j.oo<<122 II, aale Wagon J 16 Double Ols~ prill. Good. (~.~.~..5nrinll Toolh HlUTOW j ~onv:J1 ~nr:tv~rT4I1demA~lc.40.fl.BOOm.s) 112rt OnkSolirtOrnl'. l .lU.. 24 ft. Spring Tooth Leveler wlWings ' , . i ~ OTHER CONSIGNMENTS INCLUDE: I. ':,:;.';;'; ! P:ml P!!ff!!r _ J.D. 327 BDlcr wlKicker. Ex. Condilion - N.li. 467. 7 fl. Haybine -I.H. 14.7 n. HQ~' .:. . ~fnVP.f'P3"m: 241-6051 . N.I. UniS)'~lem: 708 PowerUnil. 767 Super Chopper. 7~~~-Itow_W~ Hend. 843 N.R.lIeDd. 737 Husker Bed _ 6221 Feeder tlouse w/Revern:r 10 ad.:lpt 10,J.D. HeadS hdc 5:und:w 241-4796 -1.1'1. 1600 Serics Truck. 14 fl. Bcd - 60 fl. or Aulo He1f~U:iC:k:S(': Bam Glues..ae, ", ' ;=..' . '.~~ ...~', . : . '.' . PLUS OTHER CONSIGNMENTS ,'; ",....';.' .', ' SAI.E ORDER: Stambaugh's Line - Bucher's Line. Deputy'. LlDe .:: . '0111 nr SllIl!! nll"'!!~ Not Known 10 Auction Cn MIIST Rrintt C.llrttntl~ltt!r nr~il or FAX In .717) 7R9.4226' ::~~;~:j:.~~ . I ',. In Reouil't"d for Ridder's No Nnt Re~oons;hlt! Fnr Arddenl~ p.'.~f; ,.' ~ . ,....." (1_1..1......1 ..Sale MlUlllged B)': -.I,JF -:. ~.,. ~J ..1 ~,,:' . KLING'SAUCTIONS, INC. .\. ""Jf'...r' '"!,f. ~ R.R. III. Box 66.l.nndisburg. PA -17040 f.\~..i '.:' .,',.... ' ark: 717.789.3gg3 . ;, "u_,,, .,h'i I PAAuclolfOSOO :. ','.1ft"..t ., .'h~'" ;. " , , ,. .. '.. .... "';""'\1 , .A /f.eldA:lrA! r/M..."'-6. s/I'r. ~W?? ,,'" EXHIBIT '- ;) , . . " , 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: February 24, 1998 ~~~~ A. arr Br , I i i ., ~ I \ 1 ,,; (~!\ ~:F ;i'.-:: ".J ; CC':':;!t.>llh'C,\LTfl !_~Ji' FFN1~:'~:'~.L\'i\,:l; f\: C::lUI-lT'{ OF 1,.-Ui'iDELLAJlL' l3I,EAlI A LIIf,nx__,_____..___,_____ V~). DEPUTY EMiL L 31''-_______ THlClTffi' liE I TZ ::';jj(!!"l.fi WI [If;'PUt, Slll.::.'rif.f uf CUMBERLAUCI County. f'e>nnr:;yl'/i:10id, .,he, !..ir?itI(J duly :;;'"or1) act.:Qrd~ng to law, 33YC:, Uk WlUnn QBlcP' OF '.:OIJIlJ upon DEPUTY_ EARL l. ,m dE.liendan t, n t 18'55: ([10 HDUF.:S, :'1"1 the. ~>~it~!'l UCAY vi r,;;'brua r 'y' ;;aG Sf:.'l"Vl:.lt! t.ht? 1998 at AJa BAL'fIMORE PIKE GARDrIER~LPA 17;),2'1 ____ COLIIlty, PE',lnS}'lvani;,3, b,. h':i(':Ji.n'~l to EAhLI..::.!-_PEf-'UTY. a trul2 and ~tt.l?::>t...?d ",:opJ' oi lh.;.:, UhDEE OJ.:' COllET lo09'2loher '..ith 110T1CII FilR PRELliH:lr.fU 1ILTU1IC,'I01'/ /dH; CCJI'iFL\INT . CUl'lBEr~LMID Jf, . --' and at thl? ::3amQ t.il1l~_~ dirc;I,::tJ.C1g Uj:.:; att'-.:.'"'nliClfl tCI th,_~ content~; thl;;;T\.."oi. Shpriff'~ Cn~t~. -[Jock':ltincl""' -<-I, :3~rvice ~ ^ffid;Jvi t Surcharge 18. ()l,Z. (1. '::I~'l .ll,i,) f,:,.OO ~;"r'~:~-<~~ r::-ni0""i'ii-:~-l ~jic::----.SF~i?rIT.r-.---- ':'..31,:). ~viiUDEf~T [,1 Lhey ")::(2"'1~:"~~_~ 7- l"7-:~' Sworn ~nd =ub~crib~d to b.~iul'~- il;~ loh",; _!!:..I!!::.dCli' ,..J 1~_____ 1'3 _...2-r_ r.. [>. __0 IL_)n, # - 'ri..PDA.....______ ~! ~ '~~!:!1'...I.'_ltUI '/' / t A. LARRV BREAM Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA VB. NO. 98.1080 CIVIL TERM EARL L. DEPUTV, JR. Defendant IN EQUITV COURT ORDER AND NOW this 5th day of March, 1998, upon the parties and their counsel indicating to the , court that they have reached an agreement on the entry of an order, it is ordered and directed as follows: The sale of assets of Defendant Earl L, Deputy, Jr. and of the B&D Partnership which is scheduled for Kling's Auctions, Inc. on Saturday. March 14, 1998 may proceed, It is directed that ') \ , I Kling's Auctions, Inc. shall pay the proceeds of the sale, less normal commissions and costs, directly to Adams County National Bank. , l i ( i 1 I~' r:t I it,. II I: ,>, 'I ;1 2 The monies paid to Adams County National Bank from the proceeds of the mentioned sale shall be credited to any outstanding mortgages or debts owed to Adams County National Bank by the B&D Partnership. 3 Kling's Auctions, lnc, is authorized to work with A, Larry Bream and Earl L, Deputy, Jr. in connection with the mentioned sale and to provide information to both individuals regrading the sale and also provide documentation with respect to the proceeds of the sale, 'I " i .' ~ !f~;n:s, ~c)l o..J S#iff 2d.~ C;:<1;~r J.' If ~ S-~ T~-H(Y""::'~ t.V) ~.P67;) ,I. c",.:Pc10 ?y J3 tJ ~ F'T"" NeW: no J :I T'Io e ,4vp ~~ew7'I.K~tL I?OlJ~)> ,B~~t!! .s~;l:i%$.. ,(t>I#><'"L 2 ~,J ~. frI F 1 13 <3 71b..." :fJ) oN oS :3 .pr. AJ-;& I I{ dev dou) ';;/~tF/.- a~"'I..J I1v~~f.., .{lor' ]L.v lC"&o...J/r,(..~1<. (~...'), N tI tf;r)' 8~l!"ll.J i-';'" 32> S,/ ,Mrl,o u"-~ S f'Af:.?f.:p tr ~ 7' .31'T ~ I!."'I'~~ .:!./..It-1Je' .:3~o ~ #1-'- -9u-L.. ~ lU/#~'P Po..., ~ 5"DO ~1'f-1- rr""~1- I';-,-.:>rc 5bft5' ~IIJ. .q.lH:"L T~f-: tJ/E~",(iC /lJMjJ 5:5 Gift.. 15>,) 1//2/)-1 wI #A-v1> f'v-t jl h 1.I\ICoe>c'.J WE" J. 'bE"L-- Lo/f't.'tIc-OG: 8~~ u.J/1I/6~ IXL,: CIf~I~" -(lo" ?)t), -r,(t4-<'-To~ 38" 1>,( t: ~ fh~'/.c> 9 -}2...... 65"".(. '7;I1fc:.7'o .e. a ~DW CoJ!.~ J'lJ.4oV'tr:U of II ' gff ~ Db CR-If,.u =- /f1t:Tt-~ Se.,t($.c) ~.... /,,~~ Ce>nrb~",'" A1/~~ .s~,T ~1f5i= WC-/~fl-TS f~e-s.sptL~ W".sHC-tt- t3 71"1"71:~y (J. fJ.~~ ~ c /t EXHIBIT - ~v,PA~.v"" 1'97"..,.,y If.o...,ef - ~,f.-fle""'7' -9-7 .,..,t( Y 'iJ~r;rkrc /I . . PARTNERSHIP ASSETS OF A. LARRY BREAM 1. Chain saw and tools J1 .! 2. 1982 Chevrolet pickup truck ii , 3. V AC Case tractor 4. Vibra Harrow - 3 point 5. John Deere rake 6. 50 gallon sprayer 7. Case bar mower 8. Little Giant elevator g y-4c~,'-r ()