HomeMy WebLinkAbout03-5456
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
DANIEL DEITCHMAN and
JENNIFER C. DEITCHMAN,
Plaintiffs
CIVIL ACTION - EJECTMENT
No.: 03-'Yf%
vs.
ROSS E. GAHAGAN,
Defendant
NOTICE
TO: Ross E. Gahagan, 3813 Chestnut Street, Camp Hill, PA 17011
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
rnoney 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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
4. Plaintiffs are fee simple title owners of the Property, having acquired the same
by deed dated January 21, 2003 and recorded in the Recorder of Deeds Office
of Cumberland County in Deed Book 225, Page 2428.
5. A true and correct copy of the ALTA Policy of Title Insurance issued to
Plaintiffs, containing a legal description of the Property, (Schedule C), is
attached hereto as Exhibit "A."
INSTALLMENT CONTRACT
6. On or about February 1,2003, Plaintiffs and Defendant entered into a written
Agreement of sale regarding the Property, hereinafter the "Agreement," a true
and correct copy of the Agreement in Plaintiffs' possession is attached hereto
as Exhibit "B."
7. Pursuant to the terms of the Agreement, Defendant agreed to purchase the
Property and paid $2,000.00 at signing and promised to pay an additional
$2,000.00 on or before March 2, 2003, with the balance of $106,000.00 due
on or prior to February I, 2005, with interim monthly payments of interest
only in the amount of $800.00, and monthly payments of $100.00 for real
estate taxes, with the first payment being due on February 1,2003.
8. Pursuant to paragraph two of the Agreement, Defendant promised to pay a
late charge equal to $120.00 for any monthly payment received by Plaintiffs
after the tenth (lOth) day of the month.
9. Pursuant to paragraph three of the Agreement, Defendant promised to payor
reimburse Seller for all utilities for the property, including, but not limited to
electric, water, sewer, trash and oil.
COUNT I - EJECTMENT
10. The above paragraphs 1- 9, inclusive, are incorporated herein by reference as
if fully set forth herein.
1 L Defendant's check for May, 2003 was received by Plaintiffs after May 10,
2003 and was returned by the bank for insufficient funds on or about May 23,
2003, costing Plaintiffs a $7.00 NSF (non-sufficient funds) fee by Plaintiffs'
bank.
12. As of May 23, 2003, Defendant owed Plaintiffs $1,027.00 (consisting of
$900.00 monthly installment amount; $120.00 late fees, and $7.00 NSF fees).
13. On or about May 29, 2003, Plaintiffs mailed Defendant a notice to pay the
$1,027.00, and also enclosed a copy of a sewer and refuse bill for
reimbursement in the amount of $99.00.
14. Defendant did not tender June's installment payment to Plaintiffs on or before
June 10,2003.
15. On June 12,2003, Plaintiffs re-sent the May 29, 2003 letter by certified mail,
along with a new letter dated June 12, 2003, to both Defendant and
Defendant's attorney pursuant to Paragraph 14 of the Agreement pertaining to
mailing of notices. Both Defendant and someone from his attorney's office,
respectively, signed for receipt of the aforesaid correspondence on June 13,
2003. True and correct copies of the correspondence received by Defendant
and his attorney's law firm on June 13, 2003 are attached hereto as Exhibit
"C."
16. On or about June 27, 2003, Defendant tendered payment of $1000.00 to
Plaintiffs, which Plaintiffs applied to outstanding balances due. The balance
owing by Defendant to Plaintiffs following application of the June 27, 2003
payment was $366.00.
17. Defendant did not pay July's installment payment on or before July 10,2003.
18. As of July 23, 2003, Plaintiffs believed Defendant owed $1,259.00, and
Plaintiffs demanded payment of that amount in a letter dated July 23, 2003,
mailed to Defendant and his attorney in accordance with the terms of
Paragraph 14 of the Agreement. A true and correct copy of Plaintiffs' July 23,
2003 letter is attached hereto and incorporated herein as Exhibit "D."
19. Defendant refused to accept delivery of the certified letter, which was returned
to Plaintiffs on August 15, 2003 marked "unclaimed." A true and correct
copy of the still-sealed envelope returned to Plaintiffs is attached hereto as
Exhibit "E."
20. Upon reasonable inquiry and inspection, Plaintiffs believe and hereby aver
that a proper demand for payment in full as of July 23, 2003, should have
been $1,386.00. Plaintiffs attach hereto as Exhibit "F" and incorporate herein
by reference a sununary in spreadsheet format of amounts owing and paid
under the Agreement.
21. On or about August 9, 2003, Defendant tendered $1000.00 to Plaintiffs by
Western Union Money Order # 06-364047561 dated August 8, 2003.
22. Plaintiffs applied Defendant's $1000.00 payment to the most aged sums due
from Plaintiff.
23. Defendant's tender of $1000.00 by Western Union Money Order # 06-
364047561 dated August 8, 2003 did not cure the default and did not satisfY
the amounts due and owing as of that date to Defendants.
24. In addition or in the alternative, Defendant's tender of $1000.00 by Western
Union Money Order # 06-364047561 dated August 8, 2003 did not constitute
a commencement of cure of the default since Defendant had not yet refused
acceptance of the July 23, 2003 notice sent by Certified mail, the last attempt
at delivery appearing on the face of the envelope to be on or about August 10,
2003.
25. In addition or in the alternative, Defendant's tender of $1000.00, even if it
were deemed to constitute commencement of a cure, does not prevent
Defendants from exercising their default remedies pursuant to paragraphs 28
and 20 of the Agreement, including, but not limited to demanding inunediate
possession of the Property.
26. Defendant has not tendered any further payments to Plaintiffs relating to the
Property and the Agreement since the August, 2003 Western Union Money
Order # 06-364047561.
27. As of the date of filing this complaint, Defendant owes Plaintiffs no less than
the sum of $3,654.72 under the Agreement.
28. Since May, 2003, Defendant has been and continues to be in default of the
terms of the Agreement.
29. At no time since May, 2003, has Defendant been current with the balance due
to Plaintiffs under the Agreement.
30. Plaintiffs have put Defendant on notice of this default in accordance with the
terms of the Agreement on at least two occasions.
31. Defendant has, since June 13, 2003, failed and refused to cure the default on
which he was notified.
32. Alternatively, or in addition to, paragraph 28 above, Defendant has, since the
latest date of August 15, 2003, failed and refused to cure the default on which
he was notified.
33. Despite Plaintiffs' demands for posseSSIOn, Defendant has refused and
continues to refuse to vacate and surrender possession of the Property.
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor
of Plaintiffs and against Defendant, Ross E. Gahagan, for possession of the Property
herein described and ejectment of Defendant and any other occupants.
COUNT II
BREACH OF CONTRACT - DAMAGES
34. The above paragraphs I - 33 inclusive are incorporated herein by reference as
if fully set forth herein.
35. As of the date of filing, Defendant owes Plaintiffs $3,774.72.
36. Said damages are continuing in nature. Plaintiffs reserve the right to seek the
amount of damages accrued up to the date of trial.
37. Plaintiffs reasonably believe that Defendant has caused damage beyond
ordinary wear and tear to the Property and Plaintiff hereby demands the
reasonable cost of placing the Property in the same condition as it was at the
time of entry into the Agreement with Defendant.
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor
of Plaintiffs and against Defendant, Ross E. Gahagan, for money damages in an
amount not in excess of $25,000.00, in addition to all other remedies the Court deems
just in law and equity.
Respectfully submitted,
Date: /cJ/ll/ oj
J ifer C. Deitchman (pro se)
Pa. Atty. ID # 72779
1202 Montrose Circle
Mechanicsburg, P A 17050
(717) 303-0339
VERIFICATION
I hereby affirm that the statements contained in the attached Complaint are true
and correct to the best of my information, knowledge, and belief. I acknowledge that any
false statements made herein are subject to penalties relating to unsworn falsifications to
authorities, 18 Pa.C.S.A. S 4904.
By ~/:'~
~;;~. Deitchman
Date: I<Y/y/u:?
Form No. PA 13
('1>-17-92)
AL T A Owne(s Policy
POLICY OF TITLE INSURANCE
... ,\ M f R .
..;,. .,(
/~~
4~~~
04- 084435
ISSliED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS ANO STIPULATIONS FIRST AMERICAN TITLE INSURANCE COMPANY, a
California corporation, herein called the Company, insures, as'of Date of Policy shown in Schedule A, against loss or
damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the Insured by
reason ot
1. TItle to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' lees and expenses incurred in defense of the title, as insured, but only to
the extent provided in the Conditions and Stipulations.
Tri-County Abstract Service
Glelldtl M. Wethington, Agent
3414 Chestnut Street
C.tmp Hill, PA 17011
TeL 717-761-8870
Fi~iean Title lnsu nee Company
BY ~ ?it? PRESlDEAT
ATTESTe~1!- ~ SECRETARY
B~~. tI.(l..it ~ERSIG'\'f:D
".Il.".ifS'-_6!.'~..>>1I_t;2.
cm':q~~ ~~~ "'~D
EXHIBIT A
.~.
EXCLUSIONS FROM COVERAGE
The follo~g. matters are expressly excluded from the coverage of this policy and the Company will not pay 10 damage, costs, attorneys' fees or
expenseswhlch anse by reason of: SS or
1. (a) lIly lal,V, ordinance or gover~menta! regulation (including but not limited to building and zoning laws, ordinances, or regulation~) restricting,
egulatlng, prohibiting or relating to !'l..~he occupancy~ use, or enjoyment of the land; (ii) the character. dimensionS or location of any Improvement
ow or hereaft~r er~ted o~ the land, (III) a separatIOn In ownership or a change in the dimensions or area ofthe land or any parc~1 of which the land
I or was a part, ~ (IV) environmental protection, or the effect of any violation of these laws, ordinances or goverl\fllental regulat"!ns, except to the
I<tent that a notice of the en~orcernent ~hereof or a notice of a defect, lien or encumbrance resulting from a violatiOn or alleged violatIOn affecting
ie land has been recorded In the public records at Date of Policy.
(b) .fly governmental p?lice power ~t e~cluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defec!, lien or
41cumbrance resulting from a Violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Right of eminent domain. unless notice of the. exercise thereof has been recorded in the public records at Date of PoliCY, but not excludin~ Irom
covenge any taking which has occurred pnor to Date of Policy which would be binding on the rights of a purchaser for value Without
knowedge.
3. Defells, liens, encumbrances, adverse claims or other matters:
(a) c-eated, suffered, assumed or agreed to by the insured claimant;
(b) lOt known to the Company, not r~ded i~ the public records at Date 01 Policy, but known to the insured claimant and not disclosed in writing to
~ ~mp.any by the Insured claimant prior to the date the insured claimant became an insured under this poliCY;
(c) mulling In no loss or damage to the insured claimant; .
(d) ataching or created subsequent to Date of Policy; or
(e) mul~ing i~ loss or damage which would not have been sustained if the insured claimant had paid value lor the estate or i~terest insured
Ilj thiS policy.
4. Any daim, which arises out ollhe transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of
fedenl bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(!1 tit! transacti!>n creati~g the estate or ~nterest !nsured by this policy being deemed a fradulent conveyance or fraudulent transfer; o~
(II) tie transaction creating the estate or mterest msured by this policy being deemed a prelerential transfer except where the preferential
tramler results from the failure:
(aHo timely record the instrument of transfer; or
(b)ol such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DffINmllN OF TERMS.
The following terms when used in this policy meart
(al "inslred": lhe insured named in Schedule I\. aNI.
subjeCt to any rights or defenses the Company woukl have had
againsl the lI311ed insured. those who succeed to the interest
of the named ilsured by operaliorl of taw as dislinguished lrom
purchase incl,djng, buf nol lim~ed to, heirs, distribul....
devisees, .....vors. persona' representatives, next of kin, or
"",parate or fi:luciillY succes.....
(b) "inSUlred claimant": an insured claiming loss or
damage.
(c) """"""edge- or "known": actual knowledge, not
construclive "-ledge or notice which may be Imputed to an
insured by realon 01 the public records as defined in ltlis policy
or any other r<<::ords which impart constructive notice of mat-
ters affectiflg I he land.
(11) "__: the land described or relerred I. in Schedule
(A), and improvements affIXed lhere\owhich by law constitute
real prCJllOrtY. The term "land" does oot include any properly
beyond the lilies of lhe area described or referred to in
Schedule (A), I\or any right tille. interest. eslate or easement
in abutting streets, roads, awnu... alleys, I...... ways or
waterways, bLt nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by
ltlis policy.
(e) "mOI1gage": mortgage, deed 01 trust trust ileed. or
._ securitY instrument
(Q "pubic records": records estabUshed under stale
Slatules at Date of Policy for the purpose 01 Imparting con-
struClive lIOlioe 01 matters relating to real property to pur-
chasers for va lue and w~hout knowledge. With respect to
SectlOfl 1 (a)(iYj of the Exclusions From Coverage "public
records" sl1aI '-Iso include environmental protection riens filed
in the records '* the clerk of the Un~ed States district court for
the district in ""'ich the land is located.
(0) ........ar1<etaJlj1i\y of the title": an alleged or apparent
matter affecti", the title to the land. nol excluded or excepted
from coverage, IWhich wookl enlitle a purchaser of the estate or
interest ~ in Schedule A to be released from the
obligation to ~rchase by virtue of a conlractual conditiOll
requiring tile dl!olivery of mar1<etable t~le.
CONDITIONS AND STIPULATIONS
the basiS of loss or damage and shan state. to the extent poss;.
bIe, the basis of caiculalinjj the amount of the loss or~
" the Company Is pre~ by the fail... of the insured
claimant t. provide the required proof of loss or ~ fhe
Companys obligations to the insured IIIlder ~~ shall
lerminale. including any liabilily or obligation to pros-
ecute. or contillle any I~igalion, with regard to the mailer or
matters requiring such proof of loss ... ~
In addition, the insured claimant may reasonably be re-
quired to submit to examination under oath by any authorized
representative of the Company and sha. produceforexamina-
tion, illSllOClion and COIlYiI1!l, at such reasonable times and
places as may be deslgnated by ...y author~ed representative
of the Company. all records, _s. ledgers, checks, corre-
SjlOIICIer1ce and memoranda, whether bearing a date before or
aner Date of Policy, which reasonably pertain to the loss or
~ Further, W requested by any authorized representa-
tive of the Company, the insured claimant shall grant its per-
niss;on. in writing. for any authorized representative of the
Company to examine, inspect and COlly all records, books,
ledgers. chec1<s, correspondence and memoranda in the cus-
lody or control of a third party, which reasonably perfain 10 the
loss or damage. All information designated as confidential by
the insured c1aimanl JlIOYided lolhe Company pursuant 10 this
Section shall oot be disclosed to others ...Iess, in the reason-
able judgment ofthe Company, it is necessary in the adminis-
tration of the claim. Faikue of the insured claimant to submit
for examination under oath. produce other reasonably request-
ed information or grant permission to secure reasonabty
necessary intonnation from third parties as required in this
paragrap~ ...Iess prohibtted by law or governmental regula-
tion, shan terminate any liabBity of the Company ...der this
policy as 10 thaI claim
6. omollS TO PAY OR OTHERWISE SETTLE CLAIMS;
TER_ATIOII OF LIABlUT'f.
In case of aclaim under this policy, the Company shall have
the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay or tender payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
(b) In the evenl 01 any Iitigafion. including Iitigatioo by
the Company or w~h the ComlJ8nys consent the Company
shall haw no Iia/Jility for loSS or damage until there has been
a linaI determination b)' a court of competent jurisdiction,
and disposition 01 all apP03ls lherefrOll\ adverse to the title
as insured. .
(c) The ComparIyshal not be I_for iossordamageto
any insured for liability ........tarily assumed by the insured
in settling any claim or suit Without the prIOr written consent
01 the Company.
10. REDUCTION OF INSl/llAllCE; REDUCTlOll OR
TERMINATION OF UA8lLITY.
All payments under this policy, except payments made
for costs. attorneys' fees and expenses. shall reduce the
amount of the insurance pro tanto.
11. LfA8fL/TY NONCUIIULATlYE.
It is expressly Understood thaI the amount of insurance
under thiS policy shaU be reduced by any amount lhe C0m-
pany may pay under any policy insuring a mortgage towhich
exceplion is taken in siriedUle B or to which the insured has
agreed, assumed, or taken sOOjec:t, or which is hereaner
executed by an insured and whid1 is a charge or nen on the
estale or interest described or referred to in Schedule A. and
the amount SO paid shall be deemed a payment under this
policy lolhe insured owner.
12. PAYMEIIT OfLOSS.
la) No pavment shall be made without JlIOducing this
policy for enctorsernent of/he payment unless the policy has
been Iostor destrOYed. in ""ich ~ proolollossordestruc-
lion sIlall be furnished to the satislac\ioll of the Company.
(b) Wherlliability and the extent 01 loss or damage
has been defmitefyfixed in accordance with Iflese Conditions
and Stipulations.lhe loss or damage shall be payable w~hin
30 days t_IIer.
13. SUIR06ATION UPON PAYMENT
OR S~MEIlT.
!~LPO-~ -" ft.... RlaIIl at. 80..........
. Of f"Qllcy U'navor or an msureo only so lOng as the ,"SUret:!
. retains 311 Clate or interest in the land, or holds an indebtEl(}
neSS secu.u by a purchase money mortgage given by a
purchaser #wn the insured. or only so long as the insured shall
have Iia~ili ~by feason of covenants of warranty made by the
inSured In a;transfer or conveyance of the estate or interest
1l1is polio/ ~ all not ~ntin~e in force in favor of any purchaser
frOIIl t~e Inged of either (i) an estate or interest in the land, or
(01 an Indel:l!dnesS secured by a purchase money mortgage
given to th EllSured.
3- NOnCE f CUlM ro BE GIVEN BY
INSURE I CLAlMANr.
The insu n(s~all.notify the Company promptly in writing (i)
inC3seofanUlgatlOnas setforthin Section4(a) below (iij in
ca~e ~'.. sha" come. to an insured nereunder of any
cfalm of IltI! or mterest which is adverse to the title to the
eState or in1t~, as insured. and whfch might cause loss or
damage for 'tich the Company may be liable by virtue of this
~liCY. or (iil if titte to the estate or interest. as insured. is
re~ted as UIIlarketable.lf pl'ompt notice shall not be given to
me Compan. then as to the insured all liability of the Com-
~ny shall Ummate with regard to the matter or matters tor
whiCh prolTll ootice is rec,Jired; provided, however. that
failure to n~ the Company shan in no case prejudice the
rights of an., Insured under this policy unless the Company
sh311 be prejldiced by the tailure and thenonty to the extent of
1/10 prejudic,
4. DEFENSEA/lD PROSECUTION OF ACTIONS;
DUTY DFINSUHEO a.AlMA/lT TO COOPERArE.
(a) UPfi written request by the insured and subject to
the options ootained in Section 6 of these Conditions and
stipulations.'tle Company. at its own cost and without unrea.
sonable delal. shall provide for the defense of an insured in
litigation il1 Vhich any third party asserts a claim adverse to
the title or it.erest as insured, but only as to those stated
causes of actona"eging a defect, lien or encumbrance orother
matter inwr.. againsl by this poli<:y. The Company shall have
tne r;ght to S4l~t counsel of its choice (subject to the right of
the insured tl object for reasonable cause) to represent the
inSured as tatOOse stated CaLSes of action and shall not be
liable for an.dw~1 not pay the fees of any other counsel The
co~pany wl~lnot pay any fees, costs or expenses incurred by
me ,"sured n the defense of those causes of action whtch
allege matten not insured against by this policy.
(b) TheCompany shall have the righ~ al ils own cost, 10
inStitute a~ )f~te.a~y action or proceeding or to do any
other act whiCh In its opfnton may be necessary or deSirable to
establish the hie to the estate or interest, as insured, ortopre-
vent or reduce loss or flamage to the insured. The Company
maY take any ~~fopriate acti~ under the terms of this policy.
whether or I10t ,t shall be liable hereunder. and shall 001
(hereby conceje liability or waive any provision of this policy.
If the Camparv shaD exercise its rights undet" this paragraph.
n shall do so Siligenti'y.
(c) Whlnever the Company shall have brought an
actfDn or inter~sed a defense as required or permitted by the
provisio.ns of this ~icy, the Company may pursue any litiga-
tion to final determmatlon by a court of competent jU'"isdiction
and expressh reserves the right, in its sole discretton, to
appeal from ally adverse judgnent or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceedil1!/o the insured shall secure to the Company the
fioht: to so prosecute or provide defense if\ t~ action or pro-
c;Oeding.. and all appeals therein. and permlllhe Company to
use. at Its optlGn. the name of the insured f(l( this purpose.
Wllenever requested by the Company. the insured, allhe Com-
panY's ex~ shall give the Compal1l: all reasonable aid (i)
III any actlOf'l (I" proceedlRg. secunng evutence, obtaining wit-
nesses, proseClJting ordefending the action or proceeding. or
effecting settlement and (ii). in any other lawful act which in
the opinion of ~ Company may be necessary or desirable to
establish the title to the estate or interest as insured. If the
Company is pl'Etjudiced by the failure of the insured to furnish
the required <noperation. the Company's obligations 10 the
ins..ed under II1e policy shall terminate. including any liability
or obhgabon to defend. prosecute. or continue any litigation,
With regard to II1e matter or maners requiring such _tion
5. PROOF OF LOSS OR DAMAGE.
In addition ~{)and after the notices required under Section 3
of these Condit ions and Stipulations have been provided the
~pany. a prOOOfolloss or damage signed and sworn 10 by the
Insured clai~ shall be 'urnished to the Company within 90
dayS after the '''sured claimant shall ascertain the facts giving
rlse to lhe loss or damage. The proof of loss or damage shall
describe the ~e1ect in, or lien or encumbrance 011 the title. or
other matter itlSUred against by this poIk:y which constitutes
I
uvtJI.' Un:CJl.t:lI,;'::'C: uy lilt: lrUlII",any U! UlIS opuun, all 113Dlllty
aOO obhgatlOns to the Insured under thiS policy, other than to
'!la~~ the paY!'"6~t required, shall terminate, including any
liability or obligatIOn to defend, prosecute or continue any
litigation. and the policy shall be surrendered to the Company
for cancellation
(b) To Payor OthOfWise Sellle Wnh Parties Olher than
the Insured or With the Insured Claimant
(i) to pay or otherwise settle wllh other parties for or
in the name of an insured claimant any claim insured against
under this ~licy, together with any costs. attorneys' fees and
expenses Incurred by the insured claimant which were
authorized by the Company up to the time of payment and
which the: Company is obligated to pay: or
(10 to payor otherwise settle with the insured claim.
~t the loss or damage provided for under this policy. together
~Ith any Cf?sts. atto~neys' fees and expenses incurred by the
IOsur~d claimant which were authorized by rhe Company up to
the tIme of payment and which the Company is obligated
to pay.
Upon the ~xercise by the Company of either of the options
prOVided for In paragraphs (b)(ij or (iij, the Company's obli-
gatIOns 10 the insured under this policy for the claimed loss or
damage, other than the payments required to be made. shall
terminate. including any liability or obligation to defend, pros.
ecute or continue any litigation.
7. DETERMINATION. EXTENT OF L1A8Il1TY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall
not exceed the least of:
(ij the Amount of Insurance stated in Schedule A:, Dr.
(ill the difference between the value of the insured
estate or interest as insured and the value of the insured
estate Of interest subject to the defect lien Of encumbrance
insured against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less lhan 80 percent of the
value of the msured estate or mterest (I( the full consideration
paid for the land, whichever is less, or if subsequent 10 the Dale
of Policy an improvement is erected on the land which jn.
creases the value of the insured estate or interest by at least
20 percent OVO!" the Amount ollnsu","ce stated in Schedule A.
then this PoIi<:y is subject 10 the following:
(il where no subsequent improvement has been
made, as to ~ny partial ~s. the Company shall only pay the
loss pro rata In the proportion that t~ amoont of insurance at
Date of Policy bears to the lolal value of the insured estate or
interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial lass. the Com.
pany shall only pay the loss pro rata In lhe proportion that 120
percent of the Amount of Insurance stated in Schedule A bears
to lhe sum of the Amoont of Insurance stated in SchetUe A alMS
the amount expended for the improvement
The provisions of this paragraph shaD not apply to costs.
attomey~' lee~ and expenses for which the Company is liable
under thIS polICy. and shall only apply to that portion of any
loss whM::h exceeds. in the aggregate, 10 percent of the
Amount of Insufance stated in Schedule A-
(c) The Company will pay 0Iiy those costs, attorneys" fees
and expenses incurred in accordance with SectiOn 4 of these
Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule (A)(C) consisls of two or
more parcels which are not used as a single site and a loss is
established affecting one or more of the parcels but not all. the
loss shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the value on Date 0' Policy of each separate parcel 10 the
whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been
agreed upon as to each parcel by the Company and the insured
at the time of the issuance Of this policy and shown by an ex-
press statement orby an endorsemenl attached to this policy.
9. LIMITATION OF 1IA81l1TY.
(a) If the Company establishes the title. or removes lhe
alleged defect lien or encumbrance, Of cures the lack of a right
of access to or from the land. or cures lhe claim of unman:et.
ability of title. ~ll as i~sur~~ in ~ reasonably diligent manner by
any method, Including litIgatIOn and the completion of any
appeals theretrom, il shall have fully pertormed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused thereby.
.,~ "''''''va'', ..'OCO" ..... ;)U'" V!I"'~"" .v ....... .... ..,......... .......
rights and remedies which the insured claimant would have
had against any person or property in respect to the claim
had this poli<:y oot been issued If requested by lhe Com-
pally. the insured claimant shall transfer to the Company all
rights and remedies against any person or property
necessary in order to perlect Ihis righl 01 subrogation. The
insur~ claimant. shall permit the Company to sue, com-
promise or settle rn the name of the insured claimant and to
~~e ~e n~e o! the insured claimant in any transaction or
Illigatlon Involving these rights or remedies.
It a payment on account of a claim does not fully coverthe
loss of the insured claiman~ the Company shall be sub-
rogated to these rights and remedies in lhe proportion which
the. Company's payment bears to the whole amount of
the loss.
If loss should result from any act of tile insured claiman~
as staled above. that act shall not ve;d Ihis policy. but the
Company, In that event shall be required to pay only that
part of any losses insured against by this policy which shall
exceed the amount if any, loSt to the Company by reason of
the impairment by the insured claimant of the Company's
right of subrogation.
(b) The Com,.",', Rig~1S Against non-Insured
Obligors.
The Company's right of subrogation against non-
insured obligors shall exist and shall include without limita-
tion, the .ri?hts 0.' the insured to indemnities. guaranties,
other policIeS of Insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unl~ss prohibited by applicable law, either the Company
or the Insured may demand arbitration pursuant 10 the Title
Insurance Arbitration Rules of the American .Arbilration
~ociatiorl. Arbitrable matters may include, but are not
limIted to. any controversy or claim between the Company
and the insured arising out of or relating to this policy. any
service of (he Company in coooection wrth its issuance or
the breach of a policy provision or other obligation. All
arbitrable matters wilen the Amount of Insurance is
51.000,000 or less shall be arbitrated at the option of eithO!"
the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000 000 shall be
arbitrated only when agreed to by both the Cori.pany and the
Insure~ Arbitration pursuant to tf1is policy and under the
Rules 10 effect on the date the demand for arbitration is made
or, at Ihe optkln of the insured. the Rules in effect at Date of
Poli<:y shall be binding upon the parties. The award may
Include attorneys'lees only if the laws of the state in which
the laM is located permit a court to award attorneys' fees to
a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in allY court having juris.
diction thereot.
The law of the situs of the land shall apply to an arbitration
under the TItle Insurance .Arbitration Rules.
A copy ot the Rules may be oblained from the Company
upon request
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements. if any.
attached hereto by the Company is the entire policy and con-
tract bet~een the insured and the Company. In inteJpreting
any prOVision of this policy, this policy shall be COflStrued as
a whole.
(b) Any claim 01 loss or damage, whelher or oot based
on negligence, and which arises out of the status of the title
to I~ estate or interest covered hereby or by any action as.
sertlng such claim. shall be restricted to this policy.
(c) No amendment of or endorsement to this pmicy
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice Prest.
denl the Secretary. an Assistant Secretary. or validating
officer or authorized signatory of the Company.
1&. SEVERA8IL1TY.
In the event any prOVision of the policy is held invalid or
unenforceable. under applica~e law. the policy shall be
deemed not to Include that provision and all other provisions
shall remain in full force and effect
17. IlOnCES. WHERE SENT.
All notices required to be given lI1e Company and any
statement in writing required to be furnished /he Company
sha! Include the number of 111~ policy and shall be addressed
to /he Company at 1 Rrst Amelican Way, San'" Ana, CA
92707, or to the office which issued 111~ policy.
FIRST AMERICAN TITLE INSURANCE CO.
Ssued with Policy Number: 05084435
SCHEDULE A
file Number: DEIT361-02
!.mount of Insurance: $ 92,000.00
Policy Number: 04 084435
Premium: $ 810.75
late of Policy: January 24, 2003 at
I. Name of Insured:
DANIEL DEITCH MAN and JENNIFER C. DEITCHMAN
.1
l The estate or interest in the land which is covered by this policy is:
Fee Simple
1 Title to the estate or interest in the land is vested in:
DANIEL DEITCHMAN and JENNIFER C. DEITCHMAN created by virtue of deed recorded in
Deed Book 255 at page 2428
4. The land referred to in this policy is described as follows:
SEE SCHEDULE C ATTACHED HERETO
FIRSff~ERICAN JITLE INS}1,~~ CO.~
By:~ //I f~
'SETTLEMENT OFFICER
N.. TA Owner's
S< hedule A (10117/92)
(DEIT361-ll2.PFD/DEIT361-ll2/20)
FIRST AMERICAN TITLE INSURANCE CO.
SCHEDULE B
: Ie Number: DEIT361-02
Policy Number: 04 084435
EXCEPTIONS FROM COVERAGE
I his policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
o;penses) which arise by reason of:
L Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
l Easements, or claims of easements, not shown by the public record.
C Any variation in location of lines or dimensions or other matters which an accurate survey would disclose
d Possible additional tax assessments for new construction and/or major improvements, not yet due and
payable.
e Accuracy of content area of premises.
t Subject to any restrictions, easements, conditions, rights of way and/or sel-back lines filed with Plan in
Book 4 at page 71.
!J Subject to conditions and restrictions contained in Deed Book 120 at page 187
ft. Subject to rights of PP & L & Bell Telephone in Misc. Book 89 at page 370
j. Subject to rights of Bell Telephone in Misc. Book 89 at page 261
j. Subject to insured's mortgage in favor of The Washington Savings Bank recorded on January 24,2003,
in Mortgage Book 1793, at page 1228 in the sum of $73,600.00
Ai"T A Owner'sJLeasehold Owner's
S<hedule B (10117/92)
(DEIT361-D2.PFDIDEIT361-D2I20)
FIRST AMERICAN TITLE INSURANCE CO.
SCHEDULE C
PROPERTY DESCRIPTION
rhe land referred to in this Policy is described as follows:
lLL that certain tract of land with the buildings and improvements thereon erected situate in the Township of
~ampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as
b1lows, to wit:
IOUNDED on the North by Chestnut Street as shown on the hereinafter mentioned Plan of Lots; bounded on the
East by Lot No.9, Block "P" on said Plan; bounded on the South by Lots Nos. 17 and 18, Block .P"; bounded on
ne West by Lot No.7, Block "P" on said Plan of Lots.
~AID Lot fronts 70 feet on Chestnut Street, is 139.55 feet in depth on its western line, 71.19 feet on its southern
l1e and 126.58 feet on its eastern line.
BEING Lot No.8, Block "P" on a Plan of Lots known as Hampden Gardens, Plan No.2 as laid out by Joseph A.
'4Iagner and Leroy A. Kohler, which Plan was on November 8, 1948, filed of record in the Office of the Recorder
d Deeds in Cumberland County, being recorded in Plan Book 4, at Page 71.
IlAVING thereon erected a signle one story brick dwelling house with attached frame garage known as No. 3813
Chestnut Street.
ALTA
5<>hedule C
(DEIT361.o2.PFDIDEIT361.o2l19)
r~\aq::i\giihaqan
Tax Parcel 10-21-0275-241
AGREEMENT
THIS AGREEMENT, made the ___ day of Januarv , 2003, by and
between DANIEL DEITCHMAN and JENNIFER C. DEITCHMAN. husband and wife,
party of the first part, hereinafter called "Seller", and
ROSS E. GAHAGAN. sinqle man, party of the second part, hereinafter
called "Buyer",
WIT N E SSE T H:
The parties hereto, intending to be legally bound, hereby
promise, declare and agree as follows:
1 . PROPERTY DESCRIPTION, PURCHASE PRICE AND PAYMENT.
Seller agrees to sell and convey to Buyer and Buyer agrees to purchase
all of the real estate and improvements thereon known as 3813 Chestnut
St.. Hamoden Townshio, Cumberland County, Pennsylvania, for the
purchase price of One Hundred Ten Thousand and NO/100 ($110,000.00)
Dollars to be paid as follows:
a. Two Thousand and NO/IOO ($2,000.00) Dollars, the
receipt of which is hereby acknowledged at or before the signing of
this agreement.
b. Two Thousand and NO/IOO ($2,000.00) Dollars on Dr
before March 1, 2003.
-1-
EXIllBIT B
c. The balance of One Hundred Six Thousand and NO/100
($106,000.00) Dollars shall be paid on or prior to February 1. 2005.
and in the interim monthly payments of interest only in the amount of
Eight Hundred and NO/OO ($800.00) Dollars and monthly payments of
One Hundred and NO/IOO ($100.00) Dollars for real estate taxes with
the first payment being due on February 1 , 2003, and continuing on
the same day of each month thereafter until fully paid. The
provision for monthly payments of interest and real estate tax escrow
shall not be construed to affect the maturity date of this obligation.
Buyer may prepay any or all of the balance due hereunder at any time
without penalty.
2. LATE CHARGE. Buyer agrees to pay a late charge equal to
One Hundred Twenty and NO/100 ($120.00) Dollars for any monthly
payment received by the Seller after the tenth (lOth) day of the
month.
3. TAXES, INSURANCE AND UTILITIES. Seller agrees to paV
all taxes and assessments levied upon the said premises from and after
the date hereof and to provide insurance for fire, storm and casualty
coverage with any reputable company licensed to do business in
Pennsylvania. Buyer agrees to provide insurance for his personal
property with any reputable company licensed to do business in
Pennsylvania. Buyer shall pay, or reimburse Seller, for all utili,ies
-2-
for the property, including but not limited to electric, water, sewer
and trash, and oil.
4. DELIVERY OF DEED. Upon the payment all amounts due
hereunder, Seller will, at the law offices of Stone La Faver &
Shekletski, 414 Bridge Street, New Cumberland, Pennsylvania, make,
execute and deliver to Buyer a good and sufficient deed for the pxoper
conveying and assuring of the said premises in fee simple and
containing a covenant of special warranty. Seller hereby represents
and warrants to Buyer that: I)Seller has good and marketable title to
the property as of the date hereof and that the only mortgage against
the property is a mortgage with Washington Savings Bank, its
successors and/or assigns in the principal amount of Seventy Three
Thousand Six Hundred and NO/IOO ($73,600.00) Dollars, and 2) the
aforesaid mortgage is paid current as of the date hereof. Should
Seller be unable to deliver to Buyer a good and sufficient deed for
the proper conveying and assuring of the said premises, Buyer may
elect to have the Four Thousand and NO/IOO ($4,000.00) Dollar payment
referenced in paragraph l(a)and l{b) above immediately returned to him
by Seller or to otherwise pursue any other remedy at law or in equLty
available to Buyer. True and correct copies of the Seller's deed for
the property and a title insurance commitment issued by First Amer~can
Title Insurance Company are attached hereto and incorporated by
reference herein. Seller represents and warrants to Buyer that tmy
-3-
are not aware of any issues affecting title to the property excep~ as
disclosed on the attached title insurance commitment.
5. POSSESSION. Possession of the said premises is her~by
delivered at the time hereof by Seller to Buyer.
6. PERSONAL PROPERTY. The sale includes whatever
electric, heating, plumbing, fixtures, systems and equipment including
but not limited to the following:
Kitchen Ranqe
all other fixtures permanently affixed as attached to the premises,
and all shrubbery and landscaping.
7. REALTY TRANSFER TAXES. All realty transfer taxes in
effect at the time of settlement and delivery of the deed to the
premises as required in paragraph 4 above and levied by the
Commonwealth of Pennsylvania or any political subdivision thereof
shall be divided equally between the Seller and the Buyer.
8. MAINTENANCE. Buyer shall maintain all buildings and
improvements on the said premises in good and substantial repair and
the Seller shall, after prior notice to Buyer, have the right to e~ter
upon the said premises at any reasonable hour for the purpose of
inspecting the order, condition and repair of the buildings. Unless
Buyer and Seller otherwise agree in writing, insurance proceeds Shill
be applied to restoration or repair of the property damaged, if th!
repair is economically feasible and Seller's security is not lesseled.
If the restoration or repair is not economically feasible or if
-4-
Seller's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this agreement, with any excess paid to
Buyer. No major improvements, repairs, or alterations shall be mQde
to the premises without the prior written consent of the Seller, which
consent shall not be unreasonably withheld or delayed.
9. MUNICIPAL ORDINANCES. Seller represents and warrants
that no notice from any governmental authority has been issued or
served upon the premises or any occupant thereof or upon Seller, or
Seller's agent, calling attention to any violation of any building,
fire, safety or other ordinances or requiring or calling attention to
the need for any curbing, recurbing, paving, repaving or other
construction or improvements on or about the premises or the removal
of any nuisance therefrom.
10. MUNICIPAL IMPROVEMENTS. Seller represents and warrants
that no municipal or other governmental improvements affecting the
premises are, as of the date hereto, in the course of construction or
installation and to the best of Seller's knowledge no such
improvements have been ordered to be made.
11. MUNICIPAL ASSESSMENTS. Seller represents and warra~ts
that all street paving, curbing and other municipal or other gover~-
mental improvements which have been constructed or installed have been
paid for and will not hereafter be assessed and all assessments
heretofore made have been paid in full.
-5-
12. STRICT PERFORMANCE. Failure of Seller to insist on
strict performance by Buyer of the terms of this agreement, shall not
be construed as a waiver, release or relinquishment thereof.
13. DEFECTS IN TITLE. In the event that any defects exist
that would not make the title to the premises good and marketable as
herein provided, Seller shall have a reasonable time to correct same
after being apprised thereof by the Buyer.
14. NOTICES. All payments, notices and documents required
by this agreement shall be sufficiently delivered, if mailed by
certified mail, postage prepaid, return receipt requested or
personally delivered to one of the parties to this agreement as
follows:
A. To the Seller:
Daniel Deitchman and Jennifer C. Deitchman
1202 Montrose Circle
Mechanicsburg, PA 17050
B.
To the Buyer:
Ross
3813
Camp
E. Gahagan
Chestnut St.
Hill, PA 17011
With a copy to Buyer's attorney:
Gerald J. Shekletski, Esq.
414 Bridge St.
P.O. Box E
New Cumberland, PA 17070
-6-
15. TAX RECEIPTS. Seller shall pay all real estate ta~es
in the discount period and present to Buyer paid real estate tax
receipts or a photocopy thereof on or before the first day of December
of each year and shall pay any and all other utilities that are
lienable against the title to the premises prior to the date of
assessment of penalties, interest or late charges. Seller shall
provide Buyer with proof of payment upon request.
16. TENDER OF DEED. Formal tender of an executed deed and
of the purchase money is hereby waived.
17. CONSTRUCTION. Whenever used herein the singular number
shall include the plural and the plural shall include the singular and
the use of any gender shall include all genders and the words Seller
and Buyer wherever used shall include their heirs, executors,
administrators, successors and assigns, except where otherwise herein
provided.
18. DELAY OR OMISSION. No delay or omission of either
party thereto to exercise any right or power accruing upon any non-
compliance or default by the other party with respect to any of the
terms, covenants or conditions of this agreement shall impair any luch
right or power or be construed to be a waiver thereof.
-7-
19. NOTICE OF DEFAULT. In the event that Buyer defaults in
the performance of this agreement, the Seller shall give the Buyer
written notice of the default. The Buyer shall have thirty (30) ~ays
after receipt of the mailing of the notice or refusal of receipt ~f
the mailing of the notice within which to cure or commence to cur~ the
default. In the event that the Buyer fails to either cure the default
or commence to cure the default within the said thirty (30) day
period, the Seller may exercise the default remedies set forth below.
20. DEFAULT REMEDIES. In the event of default by the Buyer
in the payment of any sum of principal or interest herein agreed to be
paid after the same shall become due and payable by the terms hereof,
or in case of the breach of any other of the terms of this agreement,
after notice of default has been given as provided for above, and if
the default has not been cured or if Buyer has failed to commence to
cure the default within the thirty (30) days provided for above, the
Seller shall have the option to retain all monies theretofore paid to
Seller by Buyer as liquidated damages and to terminate this agreement
with the Buyer thereafter having no interest whatsoever in this
agreement, and the premises herein described, including any and aLL
lease agreements then in effect, shall be the property of Seller and
Buyer shall pay to Seller upon demand of Seller, the reasonable c~t
of placing the premises in the same condition as they are at the t~rne
hereof except for ordinary wear and tear with the right of posses~on
to immediately vest in Seller. The parties shall also have avail~le
-8-
to them such other remedies as are available to them at law or in
equity.
21. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only and they are not intended to indicate
all of the matter in the sections which follow them. Accordingly,
they shall have no effect whatsoever in determining the rights or
obligations of the parties.
22. PROPERTY SOLD AS IS. The Seller and Buyer hereby agree
that the property is being sold to Buyer in "as is" condition subject
to the terms of this agreement.
23. COMMISSION. Buyer is a licensed realtor in the
Commonwealth of Pennsylvania. Seller and Buyer represent and warrant
to each other that no broker was instrumental or involved in any way
in negotiating this transaction and that no realtors' commission siall
be due on the subject sale.
24. AGREEMENT. This agreement contains the whole agreenent
between the parties and there are no other terms, obligations, cove-
nants, representations, statements or conditions, oral or otherwise,
of any kind whatsoever and it may not be altered, amended or modifled
other than in writing executed by the parties hereto.
25. RECORDING. Seller and Buyer agree that this agreemelt
shall not be recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania.
-9-
26. This Agreement is not assignable by either party.
27. Buyer may not lease or sublease the property without the prior written consent of
Seller, which consent shall not be unreasonably withheld.
28. Notwithstanding the phrase: "commence to cure the default" in paragraphs 19
and 20 herein, Seller shall not be precluded from exercising their default
remedies under paragraph 20 if Buyer has tendered partial payment, but has not
completely cured the default within the thirty days following notice. The burden
shall be on Buyer to prove that he has made all necessary and reasonable efforts
to cure the default following notice.
Seller initials:
fb
[Remainder of page intentionally left blank]
9.1
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
GLliL
(SEAL)
Witness
(SEAL)
, SELLER
Witness
(SEAL)
Witness
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF
On this, the
day of
, 2003, before me the
undersigned officer, a Notary Public, personally appeared DANIEL
DEITCHMAN and JENNIFER C. DEITCHMAN, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to
the within instrument and acknowledged that they executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the lay
and year first above written.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
On this, the day of , 2003, before me
the undersigned officer, a Notary Public, personally appeared ROSS
E. GAHAGAN , known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day
and year first above written.
Notary Public
-11-
,_ 2: :1:40 FROM:GLENDA
76138313
TO: 7177743869
PRGE = 139
.
nus IS TIm SInHJ PAR'!' OF A TAX l'REB LIKE ItIND ElrDWI:E tHER Sfa'I(]f 1031
OF 'nIB .IrfJ.'mlMAL REYtHJ8 am
CERTIFIED, Tn!
qy~
Tax Parcel 10-21-0275-241
TillS INDENTURE,
MADE THE
d/'.. i-
day of January, two thousand three (2003)
BETWEEN
GARY L. NALBANDIAN, Executor Dfthe IAst Will and
Testament of LEON G. NALBANDIAN, late of Hampden
Township, Cumberland County, Pennsylvania, party of the
first part,
.
and
DANIEL DEITCHMAN and JENNIFER C.
DElTCHMAN, husband and wife, parties of the second
part:
WHEREAS, the said Leon G. Nalbandian was siezed in fee of and in certain mes-
suage or tenement and tract of land hereinafter described; and
WHEREAS, the said Leon G. Nalbandian died on September 3, 1995, leaving a Last
Will and Testament dated July 10, 1989, and proved in the Cumberland County
Register of Wills Office, Pennsylvania, and recorded therein at File No. 21-96-00438,
by which he appointed Gary L. Nalbandian as his Executor; and
WHEREAS, the Cumberland County Register of Wills issued Letters Testamentary
on July 1, 1996, to Gary L. Nalbandian as Executor of the Estate of Leon G.
Nalbandian; and
;:O;OW THIS INDENTURE WITNESSETH, that the said party of the first part, by
virtue of the power and authority aforesaid, in said Will contained, and in consider-
ation of the sum of Ninety-two Thousand Dollars ($92,000.00) to him paid by the said
parties of the second part, at and before the enseaIing and deliv6Jy of these presents,
the receipt whereof is hereby acknowledged, has granted, bargained, sold and
conveyed, and does hereby grant, bargain, sell and convey to the said parties of the
second part, their beirs and assigns forever:
.
ALL THAT CERTAIN tract of land with the buildings and improvements thereon
erected situate in Hampden Township, Cumberland County, Pennsylvania, more
_-: __:';2 FROM:GLENDA
76138313
TO: 7177743869
PI'IGE= 10
::>a.....ticularly bounded and described as follows, to wit:
BOUNDED on the North by Chestnut Street as shown on the hereinafter mentioned
Plan ofI..ots; bounded on the East by Lot No.9, Block "P" on said Plan; bounded on
the South by Lots Nos. 17 and 18, Block ''P"; bounded on the West by Lot No.7, Block
"P" on said Plan of Lots.
.
SAID Lot fronts 70 feet on Chestnut Street, is 139.55 feet in depth on its western
line, 71.19 feet on its southern line and 126.58 feet on its eastern line.
3EING Lot No.8, Block "P" on a Plan of Lots known as Hampden Gardens, Plan No.
2 t.s laid out by Joseph A Wagner and Leroy A Kohler, which Plan was on November
3, 1948 filed of record in the Cumberland County Recorder of Deeds Office in Plan
Book 4, Page 71.
HAVING thereon erected a single one-story brick dwelling house with attached frame
garage known as No. 3813 Chestnut Street, Camp Hill, Pennsylvania.
BEING THE SAME premises which Samuel C. Gruber, Ill, single man, and George
B. Zamberlan and Joan Zamberlan, husband and wife, by Deed dated February 16,
:.990 and recorded February 22, 1990 in the Cumberland County Recorder of Deeds
:::;=:'ce in Deed Book "K", Volume 34, Page 666, granted and conveyed unto Leon G.
Nalbandian.
TIDS conveyance is subject to covenants, conditions and restrictions filed of record
with the aforesaid Plan in the Cumberland County Recorder of Deeds Office, Carlisle,
Pennsylvania, excepting those, if any, imposing restrictions upon sale or occupancy
on the basis of race, creed or color, which it is expressly intended shall not be imposed
or reimposed hereby.
":OGETHER with all and singular the rights, liberties, privileges, hereditaments and
:-.~p-.1rtenances whatsoever thereunto belonging or in anywise appertaining, and the
reversions and remainders, rents, issues and profits thereof, and aU the estate, right,
title, interest, property, claim and demand whatsoever of the said Leon G.
Nalbandian at and immediately before the time of his decease, in law or equity or
otherwise howsoever, of, in, to or out of the same:
TO HAVE AND TO HOLD the said grllDted premises to the said parties of the
second part, their heirs and assigns forever.
.7;::"-28 03 11:41 FROM:GLEH:JA
7613830
10:7177743869
PAGE = 11
AND the said party of the first part, does covenant, promise, grant and agree, to and
with the said parties of the second part, their heirs and a~g1'rs, by these presents,
':hat the said party of the fIrst part. has not done, committed, or lmowingly or
-",iilingly suffered to be done, any act. matter or thing whatsoever, whereby the
premises aforesaid. or any part thereof, is, are, sbal1 or may 1:Je charged or
encumbered, in title, charge or estate, or otherwise howsoever.
IN WITNESS WHEREOF, the said party of the f11'8t part has hereunto set his hand
and seal the day and year above written.
Signed, Sealed and Delivered
'l;:::;;:;~
.
(SEAL)
-
COMMONWEALTH OF PENNSYLVANIA
C()L'NTY OF CJFyyt........~ J.
l-
On this. thadl J day of January, 2003, before me, the undersigned officer,
personally appeared GARY L. NALBANDIAN. known to me (or satisfactorily proven)
to be the person described in the foregoing instrument, and acknowledged that he
executed the same in the capacity therein stated and for the purposes therein
contained.
as.
IN WITNESS WHEREOF. I hereun];;.t my ~d and official seal
~G .4t J(ih ~I bsEAL)
otary Public (J
My CommiASion Expires:
\ -... SeoI I
QIondo M. WllItingIcn.1lctafy N*:
. CImpI'II 8010, 0.._'" Co.ttIl/
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:~ '28 03 11:41 FROM:GLENDA
7613830
TO: 7177743869
PAGE:: 12
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and cOIlf~ete post office address. I .
of the within named grantees is: /;;O~ lYJo/J ffO.5 e. (Irc/e.. jJ1e e..hdt1lc.s bU rt
I td-/ 17(}S 0
3813 Ckeotnui ~~."t, O.........p HiIl,I'A 17011.
I(,J.I
,2003
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Attorney~r Grantees
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: 88.
.
RECORDED on this day of , 200_, in
the Recorder's Office of the said County, in Deed Book
Page
Given under my hand and the seal of the said office, the date above
written.
. Recorder.
.
:~1;235 _1
,~; 23 11:38 FROM:GlENDA
7613830
TO: 71m43869
PAGE. 03
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1~ SECRETARY
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COMMITMENT TO INSURE TITLE
First American Title Insurance Company
234 Mall Boulwarrl
P.O. ik>>< 90)
Va/Jry Forge. PA 19482
COIumltllleut No.
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FirSI American TIlle /tlSurance Company. a California corporation herein called the
Company, for II valuable con~ideration. hereby commits to issuc its policy or policies of title
insurance, as identified in Schedu . favor of !be Insured named in Schedule A.
as owner or mortgagee of the st cov land described or referred
to in Schedule A. u~ mi ore: all subject to the
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This Commitment is prelimilW}' t ~ of such policy or policie~ of tille
insurance ilnd all liability and obligations heil!Gnder shall cease and Icnnill8lC six (6) months
after the effective dale hereof or when the policiCl! committed for shall issue. whichever fust
occurs, provided thaI the failure to issue such policy or policies is not the fault of the Company.
This Commilment shall /lot be vilJid or binding until coun~lSigned by either an officer
Qr authorized agenl of this Company.
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TN WI1NESS WHEREOF. First Aml!rican nlll! Insurance Company has caused this
Commitment 10 be signed and sealed as of the effective date of Commitment sh,)wn in
Schedule A. the Commitment to become valid when countersigned by an authorized
signatory. Tri-Countv A.b9tract Service
C/t:,,,111 M~ Wetllill~.!rI1', Agell'
J.4:i+. .c:i~tJ'I;l"l ~.u~t
CaItlp i'illI, fA 17011
Tel. 717-761-8870
FlIIST ...MERICAN Tm.E INSURANCE COMPANY
1.<Y
PRF-SI__.O
::-~.::--'TERSIGNF.O
BY (jU xiI(
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: : : 39 FRCI1: GLENDA
76138313
TD:7177743869
PAGE:04
FIRST AMERICAN TITLE INSURANCE CO.
:ommitment Number: DEIT361-02
SCHEDULE A
:;:::o:.,.,ilmenl Date: December 26. 2002 at
) Policy (or Policies) to be issued:
',,-: Owner's Poticy (AlTA Own. Policy (10/17192)
Proposed Insured:
DANIEL DEITCHMAN and JENNIFER C. OEITCHMAN
(b) loan Policy (AlTALoanPolicy(10/17/92)
Proposed Insured:
Washington Savings Bank. its successors and/or assigns as their respective
i"leresls may appear.
)
Amount
S 92.000.00
$ 73.600.00
(-~
,-,
(
)
Proposed Insured:
l=ee Simple Interest In the land described in this Commitment is owned. at the Commitment Date. by:
ESTATE OF LEON G. NAlBANDIAN
< The land referred to In this Commitment is described as fonows:
SEE SCHEDULE C A IT ACHED HERETO
FIRST ~R1CAN TITLE INSURtN~fu ..;
By: /)1...0 k-.QJ ~ r ~
SETltEMENT OFFICER
:.: -1.. -:::-r~~r
?: '-eC'J'~ A (1016182)
Valid Only ~ Schedule 8 an<!
Coy", are AllacfIOd
(DElT361./l2.PFOIOErT361.02J21
.. _: ~':J "RUM:GLENDR
7613830
TO: 7177743869
PAGE: Q5
FIRST AMERICAN TITL.E INSURANCE CO.
':~""1""t'r.ent Number: DEIT361..{)2
SCHEDULE B - SECTION I
REQUIREMENTS
- -.~ ':o"cwi!lQ are the requiremenls to be complied wilh:
. . The fonowing are the requirements to be complied with:
A The Instrument(s) creating the estate or interest to be Insured must be approved, executed and filed of
record:
.~ ~EED: EXECUTED BY THE EXECUTOR OF THE ESTATE OF LEON G. NALBANDIAN, VESTING
; ~~E TITLE IN DANIEL DEITCHMAN AND JENNIFER C. DEITCHMAN, HIS WIFE
flX / !-'ORTGAGE: IN FAVOR OF THE WASHINGTON SAVINGS BANK GIVEN BY DANIEL
, ~ITCHMAN AND JENNIFER C. DEITeHMAN. HIS WIFE, IN THE AMOUNT OF $73,600.00
.
[e
i (.
:)!!r~c!s. liens, encumbrances. adverse claims or other matters, if any, created, first appearing in the public
'"coeds or altaching subsequent to the effective dale hereof but prior 10 lIMl date the proposed insured
~couires for value of record the eslate or interest or mortgage lI1eraon covered by this commilment.
Town, County and School Taxes and Water and Sewer Rents for the current year. (If paid, receipts are to
be produced and filed with the company.)
Town, County and School Taxes and Water and Sewer Rents in the years 1999 to 2002, inclusive to be
produced and flied with the Company. Assessment & Parcel No: 1031 0275241; $105,920
Proof of identity, legal age, competency and malital status of all parties to the transaction.
,
,
:e.
I
2~"lts or claims by parties in possession or under the terms of any unrecorded lease or Agreemenl{s) of
...../-~ -.
. '"./ /Any lien, or right to a lien, for services, labor or malefial heretofore or hereafter furnished, imposed by law
.I11;t;/ ;!Jd not shown by public records.
V 11,../' Proof of payment of slate and local realty transfer lax.
I Proof of payment of inheritance taxes due in the estate of Leon G. Nalbandian.
.
j., ~f of appointmen xeuclor for Estate and that property was not specifically devised.
G; ~ati:J gage In favor of Commerce Bank dated 2.16.90 rae. 4.26.90 in Mortgage Book 974. at pge 575
. .~y.,. 9 amount of $60,000.00;
, "
. ...< pO...
';$(;g ALTA pOlicy with endorsements 100, 300 and 8.1
.~
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. L TA COmmkmern
- .,..,.". ;1 . SOdion I (10161e2)
(DEIT3G1-02.PFDlDElT361-ll2l2)
>-"""28 133 11: 39 FROM: GLENDA
76138313
TD:7177743869
PAGE: e6
FIRST AMERICAN TITLE INSURANCE CO.
:~mmitment Number: DEIT361-02
SCHEDULE B . SECTION II
EXCEPTIONS
~chedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
,-~ c;s!:osed of to the satisfaction of the company:
3c":ecule B of the policy or policies to be issued will contain exceptions 10 the following matters unless the
same are disposed of to the satisfaction of the Company:
.
Easemenls, or claims of easements. not shown by the public record.
Any variation inlocation of lines or dimensions or other matters which an accurate survey would disclose
l.
Possible additional tax assessments for new construction andlor major improvements, not yet due and
:layable.
Accuracy of conlsnl area of premises.
Subject to any restrictions. easements. conditions. rights of way andlor sel-back lines fifec:l with Plan in
Book 4 al page 71.
'J- Subject to conditions and restrictions contained in Oee<l Book 120 at page 187
: '. Subject to rights of PP & l & Bell Telephone in Misc. Book 89 al page 370
Subjecllo rights of Beli T eJephone in Misc. Book 89 at page 261
.
I J. T A Commitment
! cluId.... e - s.ction "
(1016182)
(OEIT361oCZ.PFDlDEIT361-ll2l2)
.
- '33 23 11:39 FRCI1:GLENOA
7613830
TQ:7177743869
PAGE:B7
FIRST AMERICAN TITLE INSURANce co.
,:-~-:::"'1ent Number: DEIT361-02
SCHEDULE C
PROPERTY DESCRIPTION
.
, 'he land referred to in this Commitment is described as follows:
. ,d.. t'lat certain tract of land with the buildings and improvements thereon erected situate in the Township of
: !2'l1pden. County of Cumberland and Slate of Pennsylvania. more particularly bounded and described as
f }r~s. 10 wit:
::.;'.,)1OD on the North by Cheslnul Street as shown on the here;nallsr mentiooed Plan of Lots: bounded on
: 's East by lot No.9. Block 'P" on said Plan; bounded on the South by LOis Nos. 17 and 18, Block "P.:
t ounded on the West by Lot No.7, BloCk .po on said Plan of Lois.
~ AID Lot fronts 70 feet on Chestnut Slreet, is 139.55 feet in depth on Its western line, 71.19 feel on il5 southern
. ,,, and 126.58 teet on its eastern line.
: S'NG lot No.8, Block 'P' on a Plan of lots known as Hampden Gardens. Plan NO.2 as laid out by Joseph A.
'. .agner and Leroy A. KOhl&r, which Plan was on November 8. 1948, filed of re<:ord in the Office of the Recorder
c' :Jeeds in Cumberland County. being recorded in Plan Book 4. al Page 71.
;. AVING thereon ereeled a signle one story brick dweRing house with attached frame garage known as No.
~ ':'3 C,"eslnut Slreet
.
AI T A ComnlIlmonl
5< hedule C
(DE1T381-02.PFD/DeIT381~)
DEITCHMAN
1202 Montrose Circle, Mechanicsburg, P A . 17050
Ph.: (717) 979-7435 Fax: (717) 303-0339
June 12,2003
Ross E. Gahagan
3813 Chestnut Street
Camp Hill, PA l7011
VIA CERTIFIED MAIL
RE: PROPERTY AGREEMENT-LATE PAYMENT
NOTICE TO QUIT OCCUPANCY OR PAY AMOUNTS OWED
Dear Mr. Gahagan:
We have not received your payment. for the month of June. You must, therefore, pay a
$120.00 late fee for June, along with the late fee and expenses still outstanding for the
month of May (see enclosed), and June's $900.00 payment
If you do not cure these defaults within thirty (30) days of your receipt or refusal of this
notice, you must vacate the premises by the expiration of the thirty (30) days and forfeit
all monies previously paid in accordance with our Agreement
Thank you for your attention to these matters.
Enclosure
Cc: Gerald J. ShekIetski, Esq. (w/enc.) (via certified mail)e
EXHIBIT C
DEITCHMAN
1202 Montrose Circle, Mechanicsburg, P A 17050
Ph.: (717) 979-7435 Fax: (717) 303-0339
~
~/~ 6/f<o/il3'
Ross E. Gahagan
3813 Chestnut Street
Camp Hill, P A 170 II
RE: PROPERTY AGREEMENT
Dear Mr. Gahagan:
We received Western Union Money Order #06-364047432 in the amount of $900.00
today toward your May payment under our Agreement. Please be advised that future
installments are expected to be paid in a timely manner (on. the first of each month, and
no later than the lOth day of the month), and that you still owe us a late j:harge of $120.00
relative to the May payment. We also incurred a bank fee of $7.00 for the check (dated
5/14/03) which did not have sufficient funds despite your assertion that we could deposit
it for payment on Tuesday, May 20, 2003. You have thirty (30) days to cure the default
relative to the late charge of$120.00.
In addition, I am enclosing a copy of the April - June sewer and trash bill issued by
Hampden Township which we paid last month since it was sent to us as record oWDers of
the property. In accordance with the Agreement, we should be reimbursed this amount.
If it, along with May's Sl20 late fee, and NSF charge of $7.00 are paid in full no later
than June 30, 2003, and June's payment is received in a timely marmer (i.e. between the
1st and the 10"', we will forgive the pro-rata portion of the prior sewer/water invoice for
the months of February and March which we previously overlooked in mailing to you.
Thank you for your attention to these matters.
Jennifer C. Deitchman
. Enclosure
e-C': Ge..rJ/ -y-SJ.J&jsk;. Gr- W 1:;.(03
Dei t::ctman Real. Estate Investments
1202 lc:ntrose circle
Mec~icsburg. PA 17050-7320
USA
Voice:
Fax:
717-979-7435
717-303-0339
SoldTo:
;ahagan
1813 Chestnut Street
~mp Hill, PA 17011
Customer ill: 3813 Chestnut street
L
Customer PO
Payment Terms
Sales Rep ill
Description
1\.pr-.rlne Hampden Twp. sewer and water charges
Check No:
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
Invoice
Invoice Number:
2003-2nd;)-seweI
Invoice Date:
6/1/0"
Page:
1
Duplicate
Due Date
6/30/03
Amount
99.00
99.0C
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DEITCHMAN
1202 Montrose Circle, Mechanicsburg, PA 17050
Ph.: (717) 979-7435 Fax: (717) 303-0339
July 23, 2003
Ross E. Gahagan
3813 Chestnut Street
CampHiIl,PA 17011
VIA CERTIFIED MAIL
RE: PROPERTY AGREEMENT - DEFAULT & DEMAND FOR POSSESSION
Dear Ross:
.
Your payment of$looo via Western Union Money Order # 06-364047499 was applied to May's late fee
and the balance to June's payment due and the Sewer and Trash invoice. Your balance for June remains
unpaid. You continue to breach the tenns of our Agreement by failing to pay the $239 for June.
Moreover, you have not paid July's $900 payment that was due no later than the 10" and, therefore,
another $120 late charges have accrued.
Please be reminded of paragraph 28 on page 9.1 of the Agreement initialed by yourself indicating that:
"Notwithstanding the phrase: 'commence to cure the default' in paragraphs 19 and 20 herein, Seller shall
not be precluded from exercising their default remedies under paragraph 20 if Buyer has tendered partial
payment, but has not completely cured the default within the thirty days following notice:' You signed
for receipt of the certified mail notice advising you of May and June's breaches on June 13"; you
tendered $1000.00 on June 27", constituting only a partial cure. No further payments were made and
currently j June and July's late fees are due, as well as the $900 payment for July. Thus, we do
intend to file an ejectment and breach of contract action with the Court of Common Pleas of Cumberland
County. Your $4000 deposit, and any other investments you've made in the property, as well as your
right to continued possession of the premises are all at stake.
We have been more than reasonable with you, Ross, and have most recently attempted to collect your
payment this weekend when I called you. You had indicated that you would call me Monday or Tuesday
when you got back in town. I'm not going to wait for that call-back any longer. Payment of the entire
balance of $1,259 is due immediately. We do reserve the right to seek additional ancillary costs such as
returned check fees, and other available remedies, if we file suit.
Finally, we are open to discussing a mutually-agreeable settlement of this matter with your attorney, if
you feel that you will not be able abide by the tenns of this Agreement and wish to be released from it.
Sincerely,
Dan Deitchman
Ce: Gerald J. Shekletski, Esq. (via certified mail)
EXHIBIT D
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05456 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEITCHMAN DANIEL ET AL
VS
GAHAGAN ROSS E
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GAHAGAN ROSS E
the
DEFENDANT
, at 2015:00 HOURS, on the 16th day of October ,2003
at 3813 CHESNUT STREET
CAMP HILL, PA 17011
by handing to
ROSS E GAHAGAN
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.66
.00
10.00
.00
37.66
.r~,,~~~
R. Thomas Kline
10/20/2003
DANIEL OR JENNIFER DEITCHMAN
Sworn and Subscribed to before
By: T~2~
rut'}' sJie;~
me this ~ 3,M:{ day of
@c:ti/..u-_ ;2 003 A . D .
n ,tA-f1 ~~ ~
~othonotary ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DANIEL DEITCH MAN and
JENNIFER C. DEITCH MAN,
Plaintiffs
CIVIL ACTION - EJECTMENT
vs.
NO.: 03-5456
ROSS E. GAHAGAN,
Defendant
To: Ross E. Gaha41an. 3813 Chestnut Street. Camo Hill. PA 17011 (Defendant)
Date of Notice: November 7. 2003
IMPORTANT NOTICE
YOU ARE IN DEFAlIJLT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR ay ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OB~ECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN !bAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINSt YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANIr RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFkE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
,
YOU WITH INFORWlATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Issued by:
/ ennifer C. Deitchman
Pa. Bar ID # 72779
1202 Montrose Circle
Mechanicsburg, PA 17050
Phone: (717) 303-0339
Fax: (717) 303-0339
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DEe 042003
HARSCO CORPORATION, GAS &
FLUID CONTROL GROUP,
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
Plaintiff,
*
*
v.
* CIVIL ACTION -LAW:
*
COLLIER OIL COMPANY, INC.,
* NO. 03-5464
*
Defendant.
*
CONSENT JUDGMENT AND AGREED ORDER
This matter coming before the Court upon being advised by the parties of a settlement
in this matter, and the Court being otherwise fully advised in the premises, it is hereby
Ordered, Adjudged, and Decreed as follows:
1. WHEREAS, on or about October 8, 2003, a lawsuit was initiated in the Court
of Common Pleas, Cumberland County, Pennsylvania, styled Harsco Corporation, Gas & Fluid
Control Group v. Collier Oil Company, Inc.; Civil Action-Law No. : 03-5464, and
2. WHEREAS, the plaintiff, Harsco Corporation, Gas & Fluid Control Group, a
division of Harsco Corporation (hereinafter "Harsco") is a creditor of the defendant, Collier
Oil Company, Inc. (hereinafter "Collier Oil"), pursuant to a series of commercial notes and
a line of credit or open account as more specifically set forth in the Complaint made the basis
of this lawsuit and incorporated herein by reference, and
3. WHEREAS, Collier Oil is presently in default on its payments as set forth
below:
(a) A commercial note, dated March 10, 2001, PNC Note #38-001, in the
total amount of $91,586.31, with the total sum of $78,497.94,
b 'J hS;hl-:\f" ~~
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representing the unpaid balance on the note, plus accrued interest,
presently due and owing to Harsco;
(b) A commercial note, dated June 12, 2001, PNC Note #38-002, in the total
amount of $37,962.00, with the total sum of $42,596.14, representing the
unpaid balance on the note, plus accrued interest, presently due and
owing to Harsco;
(c) A commercial note, dated October 18, 2001, PNC Note #38-003, in the
total amount of $18,537.35, with the total sum of $21,570.25,
representing the unpaid balance of the note, plus accrued interest,
presently due and owing to Harsco;
(d) A commercial note, dated December 15, 2000, First Union Note #26, in
the total amount of $19,949.13, with the total sum of $23,052.79,
representing the unpaid balance of the note, plus accrued interest,
presently due and owing to Barsco;
(e) A commercial note, dated December 7, 2000, First Union Note #42, in the
total amount of $17,867.79, with the unpaid balance of $12,966.00,
representing the unpaid balance of the note, plus accrued interest,
presently due and owing to Harsco;
(I) A commercial note, dated September 27, 2000, First Union Note #67, in
the total amount of $32,657.58, with the unpaid balance of $7,905.62,
representing the unpaid balance of the note, plus accrued interest,
presently due and owing to Harsco;
(g) A line of credit or open account, to be paid within 30 days of the date of
invoice, with a current balance of $36,301.92, which is more than 30 days
overdue and which is currently due and owing to Harsco; and1
4. WHEREAS, the parties, being fully advised in the premises, have agreed to a
settlement of this matter and a consent judgment to be entered in favor of Harsco as
follows:
(a) Judgment is entered in favor of Harsco and against Collier Oil as to
plaintiWs complaint filed on or about October 8, 2003 and herein above
referenced.
(b) Judgment is entered in the total sum of TWO HUNDRED TWENTY
TWO THOUSAND EIGHT HUNDRED NINETY AND 66/100
($222,890.66) DOllars.2
(c) Harsco shall be permitted to draft the defendant's bank account in an
amount of not less than $5,000 per month.
(d) Bank drafts exceeding $5,000 per month shall be permitted as approved
by the defendant; however, the cumulative total ofthe drafts per year
shall not average less than $5,000 per month.
(e) Drafts shall be credited against the line of credit or open account first,
until such balance is paid in full.
lAmounts shown in paragraphs 3(a) through 3(g) reflect balances owed and interest
accrued as of October 31, 2003.
2Represents the total of paragraphs 3(a) through 3(g) as of October 31, 2003.
(1) Interest and payments shall be as shown on the schedule attached hereto
as Exhibit "A" and specifically incorporated herein by reference and
made a part of this judgment.
(g) Execution upon this judgment is stayed other than to permit plaintiff to
register/record the judgment in the State of Pennsylvania and the State
of Alabama. Plaintiff may commence such registration/recording within
thirty (30) days hereafter.
(h) If defendant shall fail to make any monthly payment to plaintiff or
otherwise fail to comply with the terms of this agreement and order,
plaintiff shall have the right to immediately execute upon the judgment
as provided by law.
5. Once this consent judgment and agreed order are entered by the Court, the
complaint shall be dismissed with prejudice.
Done and Ordered this the ~ day of
j)~ct:_foo ,2003.
Ju.t . uI.- kZa 0 I!~, ;..
Approved on behalf of Plaintiff:
Ja~~' -
v;'r!i:esident - Controller
Harsco Corporation
STATE OF PENNSYLVANIA
~
(d-
COUNTY OF CUMBERLAND
I, the undersigned, a notary public in aud for said county in said state, hereby certify
that James E. Cline, whose name as Vice President-Controller of Harsco Corporation, is
signed to the foregoing instrument and who is known to me acknowledged before me on this
day that being informed of the contents of the instrument, he, as such officer and with full
authority, executed the same voluntarily for and as the act ofsaid corporation.
Approved behalf of Defendant:
... 'd..(E~~~~
resid nt
. r Oil Company, Inc.
~;;~9.~~
My Commission Expires: 5 ?lb/oc....,
COMMONWEJ\LTH OF PENNSYLVANIA
Notarial Seal
Karen A. Mahoney, Notary Public
Camp Hill Boro CumberlaIid County
My Commission Eipires May 28, 2006
Member. Pennsylvania Association of Notaries
STATE OF ALABAMA
COUNTY OF DALE
I, the undersigned, a notary public in and for said county in said state, hereby certify
that Edgar M. Collier, whose name as President of Collier Oil Company, Inc., is signed to the
foregoing instrument and who is known to me acknowledged before me on this day that being
informed of the contents of the instrument, he, as such officer and with full authority, executed
the same voluntarily for and as the act of said corporation.
NO~~ ;:L~
My Commission Expires: ///<.C/o ~
Collier Summary
Subsequent
8/31/2003 Payment 1 - 9 Payment #10 Payment
Note Number Balance Application Application Application*
26 $ 25,305.00 12.5% $ 462.24 $ 697.38
42 $ 12,756.09 6.3% $ 233.01 $ 400.00
67 $ 14,861.07 7.3% $ 271 .46 $ 202.62
1 $ 86,081.39 42.5% $ 1,572.42 $ 2,100.00
2 $ 42,187.23 20.8% $ 770.62 $ 1,000.00
3 $ 21,259.03 10.5% $ 388.33 $ 600.00
$ 202,449.81 100.0% $ 3,698.08 $ 5,000.00
Open Account $ 39,001.92 $ 5,000.00 $ 1,301.92
Total $ 5,000.00 $ 5,000.00 $ 5,000.00
*Once note is paid, application will be made to remaining notes as determined by Harsco.
Note Number 26
Variable Inputs:
Note Amount 8/31/03 $ 25,305.00 60 Mo. $
Interest rate 10.75%
Payment $ 697.38
Estimated Estimated / Actuai
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 25,305.00 $ 226.69 $ $ 25,531.69
2 10/29/2003 10/29/2003 $ 25,531.69 $ 221.10 $ 2,700.00 $ 23,052.79
3 11/28/03 $ 23,052.79 $ 206.51 $ $ 23,259.30
4 12/28/03 $ 23,259.30 $ 208.36 $ $ 23,467.66
5 01/27/04 $ 23,467.66 $ 210.23 $ $ 23,677.89
6 02/26/04 $ 23,677.89 $ 212.11 $ $ 23,890.00
7 03/27/04 $ 23,890.00 $ 214.01 $ $ 24,104.01
8 04/26/04 $ 24,104.01 $ 215.93 $ $ 24,319.94
9 OS/26/04 $ 24,319.94 $ 217.87 $ $ 24,537.81
10 06/25/04 $ 24,537.81 $ 219.82 $ 462.24 $ 24,295.39
11 07/25/04 $ 24,295.39 $ 217.65 $ 697.38 $ 23,815.66
12 08/24/04 $ 23,815.66 $ 213.35 $ 697.38 $ 23,331.63
13 09/23/04 $ 23,331.63 $ 209.01 $ 697.38 $ 22,843.26
14 10/23/04 $ 22,843.26 $ 204.64 $ 697.38 $ 22,350.52
15 11/22/04 $ 22,350.52 $ 200.22 $ 697.38 $ 21,853.36
16 12/22/04 $ 21,853.36 $ 195.77 $ 697.38 $ 21,351.75
17 01/21/05 $ 21,351.75 $ 191.28 $ 697.38 $ 20,845.65
18 02/20/05 $ 20,845.65 $ 186.74 $ 697.38 $ 20,335.01
19 03/22/05 $ 20,335.01 $ 182.17 $ 697.38 $ 19,819.80
20 04/21/05 $ 19,819.80 $ 177.55 $ 697.38 $ 19,299.97
21 OS/21/05 $ 19,299.97 $ 172.90 $ 697.38 $ 18,775.49
22 06/20/05 $ 18,775.49 $ 168.20 $ 697.38 $ 18,246.31
23 07/20/05 $ 18,246.31 $ 163.46 $ 697.38 $ 17,712.39
24 08/19/05 $ 17,712.39 $ 158.67 $ 697.38 $ 17,173.68
25 09/18/05 $ 17,173.68 $ 153.85 $ 697.38 $ 16,630.15
26 10/18/05 $ 16,630.15 $ 148.98 $ 697.38 $ 16,081.75
27 11/17/05 $ 16,081.75 $ 144.07 $ 697.38 $ 15,528.44
28 12/17/05 $ 15,528.44 $ 139.11 $ 697.38 $ 14,970.17
29 01/16/06 $ 14,970.17 $ 134.11 $ 697.38 $ 14,406.90
30 02/15/06 $ 14,406.90 $ 129.06 $ 697.38 $ 13,838.58
31 03/17/06 $ 13,838.58 $ 123.97 $ 697.38 $ 13,265.17
32 04/16/06 $ 13,265.17 $ 118.83 $ 697.38 $ 12,686.62
33 05/16/06 $ 12,686.62 $ 113.65 $ 697.38 $ 12,102.89
34 06/15/06 $ 12,102.89 $ 108.42 $ 697.38 $ 11,513.93
35 07/15/06 $ 11,513.93 $ 103.15 $ 697.38 $ 10,919.70
36 08/14/06 $ 10,919.70 $ 97.82 $ 697.38 $ 10,320.14
37 09/13/06 $ 10,320.14 $ 92.45 $ 697.38 $ 9,715.21
38 10/13/06 $ 9,715.21 $ 87.03 $ 697.38 $ 9,104.86
39 11/12/06 $ 9,104.86 $ 81.56 $ 697.38 $ 8,489.04
40 12/12/06 $ 8,489.04 $ 76.05 $ 697.38 $ 7,867.71
41 01/11/07 $ 7,867.71 $ 70.48 $ 697.38 $ 7,240.81
42 02/10/07 $ 7,240.81 $ 64.87 $ 697.38 $ 6,608.30
43 03/12/07 $ 6,608.30 $ 59.20 $ 697.38 $ 5,970.12
44 04/11/07 $ 5,970.12 $ 53.48 $ 697.38 $ 5,326.22
45 05/11/07 $ 5,326.22 $ 47.71 $ 697.38 $ 4,676.55
46 06/10/07 $ 4,676.55 $ 41.89 $ 697.38 $ 4,021.06
47 07/10/07 $ 4,021.06 $ 36.02 $ 697.38 $ 3,359.70
48 08/09/07 $ 3,359.70 $ 30.10 $ 697.38 $ 2,692.42
49 09/08/07 $ 2,692.42 $ 24.12 $ 697.38 $ 2,019.16
50 10/08/07 $ 2,019.16 $ 18.09 $ 697.38 $ 1,339.87
51 11/07/07 $ 1,339.87 $ 12.00 $ 697.38 $ 654.49
52 12/07/07 $ 654.49 $ 5.86 $ 660.35 $ (0.00)
53 01/06/08 $ (0.00) $ $ (0.00) $
Note Number 42
Variable Inputs:
Note Amount 8/31/03 $ 12,756.09 60 Mo. $
Interest rate 10.00%
Payment $ 400.00
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 12,756.09 $ 106.30 $ $ 12,862.39
2 10/29/2003 10/29/2003 $ 12,862.39 $ 103.61 $ $ 12,966.00
3 11/28/03 $ 12,966.00 $ 108.05 $ $ 13,074.05
4 12/28/03 $ 13,074.05 $ 108.95 $ $ 13,183.00
5 01/27/04 $ 13,183.00 $ 109.86 $ $ 13,292.86
6 02/26/04 $ 13,292.86 $ 110.77 $ $ 13,403.63
7 03/27/04 $ 13,403.63 $ 111.70 $ $ 13,515.33
8 04/26/04 $ 13,515.33 $ 112.63 $ $ 13,627.96
9 OS/26/04 $ 13,627.96 $ 113.57 $ $ 13,741.53
10 06/25/04 $ 13,741.53 $ 114.51 $ 233.01 $ 13,623.03
11 07/25/04 $ 13,623.03 $ 113.53 $ 400.00 $ 13,336.56
12 08/24/04 $ 13,336.56 $ 111.14 $ 400.00 $ 13,047.70
13 09/23/04 $ 13,047.70 $ 108.73 $ 400.00 $ 12,756.43
14 1 0/23/04 $ 12,756.43 $ 106.30 $ 400.00 $ 12,462.73
15 11/22/04 $ 12,462.73 $ 103.86 $ 400.00 $ 12,166.59
16 12/22/04 $ 12,166.59 $ 101.39 $ 400.00 $ 11,867.98
17 01/21/05 $ 11,867.98 $ 98.90 $ 400.00 $ 11,566.88
18 02/20/05 $ 11,566.88 $ 96.39 $ 400.00 $ 11,263.27
19 03/22/05 $ 11,263.27 $ 93.86 $ 400.00 $ 10,957.13
20 04/21/05 $ 10,957.13 $ 91.31 $ 400.00 $ 10,648.44
21 OS/21/05 $ 10,648.44 $ 88.74 $ 400.00 $ 10,337.18
22 06/20/05 $ 10,337.18 $ 86.14 $ 400.00 $ 10,023.32
23 07/20/05 $ 10,023.32 $ 83.53 $ 400.00 $ 9,706.85
24 08/19/05 $ 9,706.85 $ 80.89 $ 400.00 $ 9,387.74
25 09/18/05 $ 9,387.74 $ 78.23 $ 400.00 $ 9,065.97
26 10/18/05 $ 9,065.97 $ 75.55 $ 400.00 $ 8,741.52
27 11/17/05 $ 8,741.52 $ 72.85 $ 400.00 $ 8,414.37
28 12/17/05 $ 8,414.37 $ 70.12 $ 400.00 $ 8,084.49
29 01/16/06 $ 8,084.49 $ 67.37 $ 400.00 $ 7,751.86
30 02/15/06 $ 7,751.86 $ 64.60 $ 400.00 $ 7,416.46
31 03/17106 $ 7,416.46 $ 61.80 $ 400.00 $ 7,078.26
32 04/16/06 $ 7,078.26 $ 58.99 $ 400.00 $ 6,737.25
33 05/16/06 $ 6,737.25 $ 56.14 $ 400.00 $ 6,393.39
34 06/15/06 $ 6,393.39 $ 53.28 $ 400.00 $ 6,046.67
35 07/15/06 $ 6,046.67 $ 50.39 $ 400.00 $ 5,697.06
36 08/14/06 $ 5,697.06 $ 47.48 $ 400.00 $ 5,344.54
37 09/13/06 $ 5,344.54 $ 44.54 $ 400.00 $ 4,989.08
38 10/13/06 $ 4,989.08 $ 41.58 $ 400.00 $ 4,630.66
39 11/12/06 $ 4,630.66 $ 38.59 $ 400.00 $ 4,269.25
40 12/12/06 $ 4,269.25 $ 35.58 $ 400.00 $ 3,904.83
41 01/11/07 $ 3,904.83 $ 32.54 $ 400.00 $ 3,537.37
42 02/10/07 $ 3,537.37 $ 29.48 $ 400.00 $ 3,166.85
43 03/12/07 $ 3,166.85 $ 26.39 $ 400.00 $ 2,793.24
44 04/11/07 $ 2,793.24 $ 23.28 $ 400.00 $ 2,416.52
45 05/11/07 $ 2,416.52 $ 20.14 $ 400.00 $ 2,036.66
46 06/10/07 $ 2,036.66 $ 16.97 $ 400.00 $ 1,653.63
47 07/10/07 $ 1,653.63 $ 13.78 $ 400.00 $ 1,267.41
48 08/09/07 $ 1,267.41 $ 10.56 $ 400.00 $ 877.97
49 09/08/07 $ 877.97 $ 7.32 $ 400.00 $ 485.29
50 10/08/07 $ 485.29 $ 4.04 $ 400.00 $ 89.33
51 11/07/07 $ 89.33 $ 0.74 $ 90.07 $
Note Number 67
Variable Inputs:
Note Amount 8131103 $ 14,861.07 60 Mo. $ 0.00
Interest rate 10.00%
Payment $ 202.62
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 14,861.07 $ 123.84 $ $ 14,984.91
2 10/29/2003 10/29/2003 $ 14,984.91 $ 120.71 $ 7,200.00 $ 7,905.62
3 11/28/03 $ 7,905.62 $ 65.88 $ $ 7,971.50
4 12/28/03 $ 7,971.50 $ 66.43 $ $ 8,037.93
5 01/27/04 $ 8,037.93 $ 66.98 $ $ 8,104.91
6 02/26/04 $ 8.104.91 $ 67.54 $ $ 8,172.45
7 03/27/04 $ 8,172.45 $ 68.10 $ $ 8,240.55
8 04/26/04 $ 8,240.55 $ 68.67 $ $ 8,309.22
9 OS/26/04 $ 8,309.22 $ 69.24 $ $ 8,378.46
10 06/25/04 $ 8,378.46 $ 69.82 $ 271.46 $ 8,176.82
11 07/25/04 $ 8,176.82 $ 68.14 $ 202.62 $ 8,042.34
12 08/24/04 $ 8,042.34 $ 67.02 $ 202.62 $ 7,906.74
13 09/23/04 $ 7,906.74 $ 65.89 $ 202.62 $ 7,770.01
14 10/23/04 $ 7,770.01 $ 64.75 $ 202.62 $ 7,632.14
15 11/22/04 $ 7,632.14 $ 63.60 $ 202.62 $ 7,493.12
16 12/22/04 $ 7,493.12 $ 62.44 $ 202.62 $ 7,352.94
17 01/21/05 $ 7,352.94 $ 61.27 $ 202.62 $ 7,211.59
18 02/20/05 $ 7,211.59 $ 60.10 $ 202.62 $ 7,069.07
19 03/22/05 $ 7,069.07 $ 58.91 $ 202.62 $ 6,925.36
20 04/21/05 $ 6,925.36 $ 57.71 $ 202.62 $ 6,780.45
21 OS/21/05 $ 6,780.45 $ 56.50 $ 202.62 $ 6,634.33
22 06/20/05 $ 6,634.33 $ 55.29 $ 202.62 $ 6,487.00
23 07/20/05 $ 6,487.00 $ 54.06 $ 202.62 $ 6,338.44
24 08/19/05 $ 6,338.44 $ 52.82 $ 202.62 $ 6,188.64
25 09/18/05 $ 6,188.64 $ 51.57 $ 202.62 $ 6,037.59
26 10/18/05 $ 6,037.59 $ 50.31 $ 202.62 $ 5,885.28
27 11/17/05 $ 5,885.28 $ 49.04 $ 202.62 $ 5,731.70
28 12/17/05 $ 5,731.70 $ 47.76 $ 202.62 $ 5,576.84
29 01/16/06 $ 5,576.84 $ 46.47 $ 202.62 $ 5,420.69
30 02/15/06 $ 5,420.69 $ 45.17 $ 202.62 $ 5,263.24
31 03/17/06 $ 5,263.24 $ 43.86 $ 202.62 $ 5,104.48
32 04/16/06 $ 5,104.48 $ 42.54 $ 202.62 $ 4.944.40
33 05/16/06 $ 4,944.40 $ 41.20 $ 202.62 $ 4,782.98
34 06/15/06 $ 4,782.98 $ 39.86 $ 202.62 $ 4,620.22
35 07/15/06 $ 4,620.22 $ 38.50 $ 202.62 $ 4,456.10
36 08/14/06 $ 4,456.10 $ 37.13 $ 202.62 $ 4,290.61
37 09/13/06 $ 4,290.61 $ 35.76 $ 202.62 $ 4.123.75
38 10/13/06 $ 4,123.75 $ 34.36 $ 202.62 $ 3,955.49
39 11/12/06 $ 3,955.49 $ 32.96 $ 202.62 $ 3,785.83
40 12/12/06 $ 3,785.83 $ 31.55 $ 202.62 $ 3,614.76
41 01/11/07 $ 3,614.76 $ 30.12 $ 202.62 $ 3,442.26
42 02/10/07 $ 3,442.26 $ 28.69 $ 202.62 $ 3,268.33
43 03/12/07 $ 3,268.33 $ 27.24 $ 202.62 $ 3,092.95
44 04/11/07 $ 3,092.95 $ 25.77 $ 202.62 $ 2,916.10
45 05/11/07 $ 2,916.10 $ 24.30 $ 202.62 $ 2,737.78
46 06/10/07 $ 2,737.78 $ 22.81 $ 202.62 $ 2,557.97
47 07/10/07 $ 2,557.97 $ 21.32 $ 202.62 $ 2,376.67
48 08/09/07 $ 2,376.67 $ 19.81 $ 202.62 $ 2,193.86
49 09/08/07 $ 2,193.86 $ 18.28 $ 202.62 $ 2,009.52
50 10/08/07 $ 2,009.52 $ 16.75 $ 202.62 $ 1.823.65
51 11/07/07 $ 1,823.65 $ 15.20 $ 202.62 $ 1,636.23
52 12/07/07 $ 1,636.23 $ 13.64 $ 239.65 $ 1,410.22
53 01/06/08 $ 1,410.22 $ 11.75 $ 239.65 $ 1,182.32
54 02/05/08 $ 1,182.32 $ 9.85 $ 202.62 $ 989.55
55 03/06/08 $ 989.55 $ 8.25 $ 745.87 $ 251.93
56 04/05/08 $ 251.93 $ 2.10 $ 254.03 $ 0.00
57 05/05/08 $ 0.00 $ $ $ 0.00
58 06/04/08 $ 0.00 $ $ $ 0.00
59 07/04/08 $ 0.00 $ $ $ 0.00
60 08/03/08 $ 0.00 $ $ $ 0.00
Note Number 38-001
Variable Inputs:
Note Amount 8/31/03 $ 86,081.39 60 Mo. $
Interest rate 10.00%
Payment $ 2,100.00
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 86,081.39 $ 717.34 $ $ 86,798.73
2 10/29/2003 10/29/2003 $ 86,798.73 $ 699.21 $ 9,000.00 $ 78,497.94
3 11/28/03 $ 78,497.94 $ 654.15 $ $ 79,152.09
4 12/28/03 $ 79,152.09 $ 659.60 $ $ 79,811.69
5 01/27/04 $ 79,811.69 $ 665.10 $ $ 80,476.79
6 02/26/04 $ 80,476.79 $ 670.64 $ $ 81,147.43
7 03/27/04 $ 81,147.43 $ 676.23 $ $ 81,823.66
8 04/26/04 $ 81,823.66 $ 681.86 $ $ 82,505.52
9 OS/26/04 $ 82,505.52 $ 687.55 $ $ 83,193.07
10 06/25/04 $ 83,193.07 $ 693.28 $ 1,572.42 $ 82,313.93
11 07/25/04 $ 82,313.93 $ 685.95 $ 2,100.00 $ 80,899.88
12 08/24/04 $ 80,899.88 $ 674.17 $ 2,100.00 $ 79,474.05
13 09/23/04 $ 79,474.05 $ 662.28 $ 2,100.00 $ 78,036.33
14 10/23/04 $ 78,036.33 $ 650.30 $ 2,100.00 $ 76,586.63
15 11/22/04 $ 76,586.63 $ 638.22 $ 2,100.00 $ 75,124.85
16 12/22/04 $ 75,124.85 $ 626.04 $ 2,100.00 $ 73,650.89
17 01/21/05 $ 73,650.89 $ 613.76 $ 2,100.00 $ 72,164.65
18 02/20/05 $ 72,164.65 $ 601.37 $ 2,100.00 $ 70,666.02
19 03/22/05 $ 70,666.02 $ 588.88 $ 2,100.00 $ 69,154.90
20 04/21/05 $ 69,154.90 $ 576.29 $ 2,100.00 $ 67,631.19
21 OS/21/05 $ 67,631.19 $ 563.59 $ 2,100.00 $ 66,094.78
22 06/20/05 $ 66,094.78 $ 550.79 $ 2,100.00 $ 64,545.57
23 07/20/05 $ 64,545.57 $ 537.88 $ 2,100.00 $ 62,983.45
24 08/19/05 $ 62,983.45 $ 524.86 $ 2,100.00 $ 61,40831
25 09/18/05 $ 61,408.31 $ 511.74 $ 2,100.00 $ 59,820.05
26 10/18/05 $ 59,820.05 $ 498.50 $ 2,100.00 $ 58,218.55
27 11/17105 $ 58,218.55 $ 485.15 $ 2,100.00 $ 56,603.70
28 12/17105 $ 56,603.70 $ 471.70 $ 2,100.00 $ 54,975.40
29 01/16/06 $ 54,975.40 $ 458.13 $ 2,100.00 $ 53,333.53
30 02/15/06 $ 53,333.53 $ 444.45 $ 2,100.00 $ 51,677.98
31 03/17106 $ 51,677.98 $ 430.65 $ 2,100.00 $ 50,008.63
32 04/16/06 $ 50,008.63 $ 416.74 $ 2,100.00 $ 48,325.37
33 05/16/06 $ 48,325.37 $ 402.71 $ 2,100.00 $ 46,628.08
34 06/15/06 $ 46,628.08 $ 388.57 $ 2,100.00 $ 44,916.65
35 07/15/06 $ 44,916.65 $ 374.31 $ 2,100.00 $ 43,190.96
36 08/14/06 $ 43,190.96 $ 359.92 $ 2,100.00 $ 41,450.88
37 09/13/06 $ 41,450.88 $ 345.42 $ 2,100.00 $ 39,696.30
38 10/13/06 $ 39,696.30 $ 330.80 $ 2,100.00 $ 37,927.10
39 11/12/06 $ 37,927.10 $ 316.06 $ 2,100.00 $ 36,143.16
40 12/12/06 $ 36,143.16 $ 301.19 $ 2,100.00 $ 34,344.35
41 01/11/07 $ 34,344.35 $ 286.20 $ 2,100.00 $ 32,530.55
42 02/10/07 $ 32,530.55 $ 271.09 $ 2,100.00 $ 30,701.64
43 03/12/07 $ 30,701.64 $ 255.85 $ 2,100.00 $ 28,857.49
44 04/11/07 $ 28,857.49 $ 240.48 $ 2,100.00 $ 26,997.97
45 05/11/07 $ 26,997.97 $ 224.98 $ 2,100.00 $ 25,122.95
46 06/10/07 $ 25,122.95 $ 209.36 $ 2,100.00 $ 23,232.31
47 07/10/07 $ 23,232.31 $ 193.60 $ 2,100.00 $ 21,325.91
48 08/09/07 $ 21,325.91 $ 177.72 $ 2,100.00 $ 19,403.63
49 09/08/07 $ 19,403.63 $ 161.70 $ 2,100.00 $ 17 ,465.33
50 10/08/07 $ 17,465.33 $ 145.54 $ 2,100.00 $ 15,510.87
51 11/07/07 $ 15,510.87 $ 129.26 $ 2,100.00 $ 13,540.13
52 12/07/07 $ 13,540.13 $ 112.83 $ 2,100.00 $ 11,552.96
53 01/06/08 $ 11,552.96 $ 96.27 $ 2,100.00 $ 9,549.23
54 02/05/08 $ 9,549.23 $ 79.58 $ 2,100.00 $ 7,528.81
55 03/06/08 $ 7,528.81 $ 62.74 $ 2,100.00 $ 5,491.55
56 04/05/08 $ 5,491.55 $ 45.76 $ 4,687.34 $ 84997
57 05/05/08 $ 849.97 $ 7.08 $ 857.05 $ (0.00)
58 06/04/08 $ (0.00) $ $ (0.00) $
Note Number 38-002
Variable Inputs:
Note Amount 8/31/03 $ 42,187.23 60 Mo. $ (0.00)
Interest rate 5.90%
Payment $ 1,000.00
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 42,187.23 $ 207.42 $ $ 42,394.65
2 10/29/2003 10/29/2003 $ 42,394.65 $ 201.49 $ $ 42,596.14
3 11/28/03 $ 42,596.14 $ 209.43 $ $ 42,805.57
4 12/28/03 $ 42,805.57 $ 210.46 $ $ 43,016.03
5 01/27/04 $ 43,016.03 $ 211.50 $ $ 43,227.53
6 02/26/04 $ 43,227.53 $ 212.54 $ $ 43,440.07
7 03/27/04 $ 43,440.07 $ 213.58 $ $ 43,653.65
8 04/26/04 $ 43,653.65 $ 214.63 $ $ 43,868.28
9 OS/26/04 $ 43,868.28 $ 215.69 $ $ 44,083.97
10 06/25/04 $ 44,083.97 $ 216.75 $ 770.62 $ 43,530.10
11 07/25/04 $ 43,530.10 $ 214.02 $ 1,000.00 $ 42,744.12
12 08/24/04 $ 42,744.12 $ 210.16 $ 1,000.00 $ 41,954.28
13 09/23/04 $ 41,954.28 $ 206.28 $ 1,000.00 $ 41,160.56
14 10/23/04 $ 41,160.56 $ 202.37 $ 1,000.00 $ 40,362.93
15 11/22/04 $ 40,362.93 $ 198.45 $ 1,000.00 $ 39,561.38
16 12/22/04 $ 39,561.38 $ 194.51 $ 1,000.00 $ 38,755.89
17 01/21/05 $ 38,755.89 $ 190.55 $ 1,000.00 $ 37,946.44
18 02/20/05 $ 37,946.44 $ 186.57 $ 1,000.00 $ 37,133.01
19 03/22/05 $ 37,133.01 $ 182.57 $ 1,000.00 $ 36,315.58
20 04/21/05 $ 36,315.58 $ 178.55 $ 1,000.00 $ 35,494.13
21 OS/21/05 $ 35,494.13 $ 174.51 $ 1,000.00 $ 34,668.64
22 06/20/05 $ 34,668.64 $ 170.45 $ 1,000.00 $ 33,839.09
23 07/20/05 $ 33,839.09 $ 166.38 $ 1,000.00 $ 33,005.47
24 08/19/05 $ 33,005.47 $ 162.28 $ 1,000.00 $ 32,167.75
25 09/18/05 $ 32.167.75 $ 158.16 $ 1,000.00 $ 31,325.91
26 10/18/05 $ 31.325.91 $ 154.02 $ 1,000.00 $ 30,479.93
27 11/17105 $ 30,479.93 $ 149.86 $ 1,000.00 $ 29,629.79
28 12/17105 $ 29.629.79 $ 145.68 $ 1,000.00 $ 28,775.47
29 01/16/06 $ 28,775.47 $ 141.48 $ 1,000.00 $ 27,916.95
30 02/15/06 $ 27,916.95 $ 137.26 $ 1,000.00 $ 27,054.21
31 03/17106 $ 27,054.21 $ 133.02 $ 1,000.00 $ 26,187.23
32 04/16/06 $ 26,187.23 $ 128.75 $ 1,000.00 $ 25,315.98
33 05/16/06 $ 25,315.98 $ 124.47 $ 1,000.00 $ 24,440.45
34 06/15/06 $ 24,440.45 $ 120.17 $ 1,000.00 $ 23,560.62
35 07/15/06 $ 23,560.62 $ 115.84 $ 1,000.00 $ 22,676.46
36 08/14/06 $ 22,676.46 $ 111.49 $ 1,000.00 $ 21,787.95
37 09/13/06 $ 21.787.95 $ 107.12 $ 1,000.00 $ 20,895.07
38 10/13/06 $ 20,895.07 $ 102.73 $ 1,000.00 $ 19,997.80
39 11/12/06 $ 19,997.80 $ 98.32 $ 1.000.00 $ 19,096.12
40 12/12/06 $ 19,096.12 $ 93.89 $ 1.000.00 $ 18,190.01
41 01/11/07 $ 18,190.01 $ 89.43 $ 1,000.00 $ 17 ,279.44
42 02/10/07 $ 17,279.44 $ 84.96 $ 1,000.00 $ 16,364.40
43 03/12/07 $ 16,364.40 $ 80.46 $ 1,000.00 $ 15,444.86
44 04/11/07 $ 15,444.86 $ 75.94 $ 1,000.00 $ 14,520.80
45 05/11/07 $ 14,520.80 $ 71.39 $ 1,000.00 $ 13,592.19
46 06/10/07 $ 13,592.19 $ 66.83 $ 1,000.00 $ 12,659.02
47 07/10/07 $ 12.659.02 $ 62.24 $ 1,000.00 $ 11,721.26
48 08/09/07 $ 11,721.26 $ 57.63 $ 1,000.00 $ 10.778.89
49 09/08/07 $ 10,778.89 $ 53.00 $ 1.000.00 $ 9,831.89
50 10/08/07 $ 9,831.89 $ 48.34 $ 1.000.00 $ 8,880.23
51 11/07/07 $ 8,880.23 $ 43.66 $ 1,309.93 $ 7,613.96
52 12/07/07 $ 7,613.96 $ 37.44 $ 1,400.00 $ 6,251.40
53 01/06/08 $ 6,251.40 $ 30.74 $ 2,060.35 $ 4,221.79
54 02/05/08 $ 4,221.79 $ 20.76 $ 2,097.38 $ 2,145.17
55 03/06/08 $ 2,145.17 $ 10.55 $ 2,097.38 $ 58.34
56 04/05/08 $ 58.34 $ 0.29 $ 58.63 $ (0.00)
57 05/05/08 $ (0.00) $ $ $ (0.00)
58 06/04/08 $ (0.00) $ $ $ (0.00)
59 07/04/08 $ (0.00) $ $ $ (0.00)
60 08/03/08 $ (0.00) $ $ $ (0.00)
Note Number 38-003
Variable Inputs:
Note Amount 8/31/03 $ 21,259.03 60 Mo. $
Interest rate 8.90%
Payment $ 600.00
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003
1 09/30/03 $ 21,259.03 $ 157.67 $ $ 21,416.70
2 10/29/2003 10/29/2003 $ 21,416.70 $ 153.55 $ $ 21,570.25
3 11/28/03 $ 21,570.25 $ 159.98 $ $ 21,730.23
4 12/28/03 $ 21,730.23 $ 161.17 $ $ 21,891.40
5 01/27/04 $ 21,891.40 $ 162.36 $ $ 22,053.76
6 02/26/04 $ 22,053.76 $ 163.57 $ $ 22,217.33
7 03/27/04 $ 22,217.33 $ 164.78 $ $ 22,382.11
8 04/26/04 $ 22,382.11 $ 166.00 $ $ 22,548.11
9 OS/26/04 $ 22,548.11 $ 167.23 $ $ 22,715.34
10 06/25/04 $ 22,715.34 $ 168.47 $ 388.33 $ 22,495.48
11 07/25/04 $ 22,495.48 $ 166.84 $ 600.00 $ 22,062.32
12 08/24/04 $ 22,062.32 $ 163.63 $ 600.00 $ 21,625.95
13 09/23/04 $ 21,625.95 $ 160.39 $ 600.00 $ 21,186.34
14 10/23/04 $ 21,186.34 $ 157.13 $ 600.00 $ 20,743.47
15 11/22/04 $ 20,743.47 $ 153.85 $ 600.00 $ 20,297.32
16 12/22/04 $ 20,297.32 $ 150.54 $ 600.00 $ 19,847.86
17 01/21/05 $ 19,847.86 $ 147.20 $ 600.00 $ 19,395.06
18 02/20/05 $ 19,395.06 $ 143.85 $ 600.00 $ 18,938.91
19 03/22/05 $ 18,938.91 $ 140.46 $ 600.00 $ 18,479.37
20 04/21/05 $ 18,479.37 $ 137.06 $ 600.00 $ 18,016.43
21 OS/21/05 $ 18,016.43 $ 133.62 $ 600.00 $ 17,550.05
22 06/20/05 $ 17,550.05 $ 130.16 $ 600.00 $ 17,080.21
23 07/20/05 $ 17,080.21 $ 126.68 $ 600.00 $ 16,606.89
24 08/19/05 $ 16,606.89 $ 123.17 $ 600.00 $ 16,130.06
25 09/18/05 $ 16,130.06 $ 119.63 $ 600.00 $ 15,649.69
26 10/18/05 $ 15,649.69 $ 116.07 $ 600.00 $ 15,165.76
27 11/17/05 $ 15,165.76 $ 112.48 $ 600.00 $ 14,678.24
28 12/17/05 $ 14,678.24 $ 108.86 $ 600.00 $ 14,187.10
29 01/16/06 $ 14,187.10 $ 105.22 $ 600.00 $ 13,692.32
30 02/15/06 $ 13,692.32 $ 101.55 $ 600.00 $ 13,193.87
31 03/17/06 $ 13,193.87 $ 97.85 $ 600.00 $ 12,691.72
32 04/16/06 $ 12,691.72 $ 94.13 $ 600.00 $ 12,185.85
33 05/16/06 $ 12,185.85 $ 90.38 $ 600.00 $ 11,676.23
34 06/15/06 $ 11,676.23 $ 86.60 $ 600.00 $ 11,162.83
35 07/15/06 $ 11,162.83 $ 82.79 $ 600.00 $ 10,645.62
36 08/14/06 $ 10,645.62 $ 78.96 $ 600.00 $ 10,124.58
37 09/13/06 $ 10,124.58 $ 75.09 $ 600.00 $ 9,599.67
38 10/13/06 $ 9,599.67 $ 71.20 $ 600.00 $ 9,070.87
39 11/12/06 $ 9,070.87 $ 67.28 $ 600.00 $ 8,538.15
40 12/12/06 $ 8,538.15 $ 63.32 $ 600.00 $ 8,001.47
41 01/11/07 $ 8,001.47 $ 59.34 $ 600.00 $ 7,460.81
42 02/10/07 $ 7,460.81 $ 55.33 $ 600.00 $ 6,916.14
43 03/12/07 $ 6,916.14 $ 51.29 $ 600.00 $ 6,367.43
44 04/11/07 $ 6,367.43 $ 47.23 $ 600.00 $ 5,814.66
45 05/11/07 $ 5,814.66 $ 43.13 $ 600.00 $ 5,257.79
46 06/10/07 $ 5,257.79 $ 39.00 $ 600.00 $ 4,696.79
47 07/10/07 $ 4,696.79 $ 34.83 $ 600.00 $ 4,131.62
48 08/09/07 $ 4,131.62 $ 30.64 $ 600.00 $ 3,562.26
49 09/08/07 $ 3,562.26 $ 26.42 $ 600.00 $ 2,988.68
50 10/08/07 $ 2,988.68 $ 22.17 $ 600.00 $ 2,410.85
51 11/07/07 $ 2,410.85 $ 17.88 $ 600.00 $ 1,828.73
52 12/07/07 $ 1,828.73 $ 13.56 $ 600.00 $ 1,242.29
53 01/06/08 $ 1,242.29 $ 9.21 $ 600.00 $ 651.50
54 02/05/08 $ 651.50 $ 4.83 $ 600.00 $ 56.33
55 03/06/08 $ 56.33 $ 0.42 $ 56.75 $
Note Number
Variable Inputs:
Note Amount 8/31/03 $ 39,001.92
Interest rate 0.00%
Payment $ 5,000.00
Estimated Estimated / Actual
Month Payment Date Payment Date Beginning Interest Payment Ending
0 8/31/2003 $ 39,960.00
1 09/30/03 $ 39,001.92 $ $ $ 39,001.92
2 10/29/2003 10/29/2003 $ 39,001.92 $ $ 2,700.00 $ 36,301.92
3 11/28/03 $ 36,301.92 $ $ 5,000.00 $ 31,301.92
4 12/28/03 $ 31,301.92 $ $ 5,000.00 $ 26,301.92
5 01/27/04 $ 26,301.92 $ $ 5,000.00 $ 21,301.92
6 02/26/04 $ 21,301.92 $ $ 5,000.00 $ 16,301.92
7 03/27/04 $ 16,301.92 $ $ 5,000.00 $ 11,301.92
8 04/26/04 $ 11,301.92 $ $ 5,000.00 $ 6,301.92
9 OS/26/04 $ 6,301.92 $ $ 5,000.00 $ 1,301.92
10 06/25/04 $ 1,301.92 $ $ 1,301.92 $ (0.00)