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HomeMy WebLinkAbout13-4452 r � f > ^ . Supreme Cou - EXAF Pennsylvania Court.of Common Pleas For Prothonotaiy Use Only: 7 C�vil v'erjSheet A L'S * Docket No: Cumber and` " County �. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S x Complaint El Writ of Summons Petition ® Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CadleRock Joint Venture II, L.P. Matthew K. Gurka T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Xi Yes 0 No (check one) E]outside arbitration limits O N Is this a Class Action Suit? 0 Yes X No Is this an MDJAppeal? 0 Yes [D No A Name of Plaintiff /Appellant's Attorney: Victor O. Buente, Jr., 45585, 1- 888 - 462 -2353, ext. 3124 0 Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 1] Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other n Board of Elections rl Nuisance Assumpsit (student loan) E] Dept. of Transportation n Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) I i Slander/Libel /Defamation Discrimination C Other: Employment Dispute: Other 0 Zoning Board Q Other: T I Q Other: O MASS TORT Asbestos N ❑ Tobacco Q Toxic Tort - DES n Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Q Ejecnnent Q Common Law /Statutory Arbitration Other: 0 Eminent Domain /Condemnation Declaratory Judgment B 0 Ground Rent Mandamus Landlord/Tenant Dispute © Non - Domestic Relations 17 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Quo Warranto Dental [3 Partition 1] Replevin Q Legal ril Quiet Title 17 Other: Q Medical Q Other: rl Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CadleRock Joint Venture II, L.P. Plaintiff t - c— -- Matthew K. Gurka cn Defendant NOTICE TO DEFEND 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 Q IP n LL 1 ; IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CADLEROCK JOINT VENTURE II, L.P. CIVIL DIVISION Plaintiff, NO. vs. MATTHEW K. GURKA Defendant. COMPLAINT CadleRock Joint Venture II, L.P., Plaintiff ( "CadleRock "), an Ohio limited partnership, by its attorney, Victor O. Buente, Jr., files the following Complaint against Matthew K. Gurka, Defendant ( "Gurka "), whereof the following is a statement: 1. CadleRock is a limited partnership organized and existing under the laws of the State of Ohio, and CadleRock has an office and a place of business at 100 North. Center Street, Newton Falls, Ohio 44444 -1321. 2. Gurka is an individual residing at 389 Sheely Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about February 23, 1999, Gurka made and delivered for value a Promissory Note ( "Note "), signed by Gurka, unconditionally payable to the order of Norwest Bank South Dakota, N.A. ( "Bank "), in the original principal amount of $15,000.00, with interest payable monthly at the initial rate of 8.7% per annum, and with principal and interest payable monthly at the rate of $120.93, and due in full on March. 11, 2014. A true and correct copy of the Note, together with all endorsements, is attached hereto as Exhibit "A" and incorporated herein by reference. A true and correct 1: \LegalSecs \Pennsylvania \Gurka - Complaint (Cumberland Co) OK390743.doc t copy of the Truth -In- Lending Disclosure Statement is attached hereto as Exhibit "B" and incorporated herein by reference. 4. Gurka has made no payments of interest or principal on the Note within the four years preceding the date of this Complaint. 5. On or about September 21, 2007, for value received, Wells Fargo Bank, N.A., successor to the Bank, sold, transferred and assigned the Note to Cadleway Properties, Inc., which thereby became the owner and holder of the Note entitled to enforce the same in accordance with its terms pursuant to Pennsylvania law. See Exhibits C and D. 6. On or about October 11, 2007, for value received, Cadleway Properties, Inc., sold, transferred and assigned the Note to CadleRock, which thereby became the owner and holder of the Note entitled to enforce the same in accordance with its terms pursuant to Pennsylvania law. See Exhibits E and F. 7. On July 10, 2013, CadleRock duly presented the Note to Gurka, declaring it to be due and payable, and demanded payment of same, but Gurka has refused to pay the Note or any part thereof, and the payments of principal and interest due on the Note within the last four years are now due and payable according to its terms. See Exhibit G. 8. Principal of $11,199.44 is now owing on the Note, together with interest of $3,057.45 through the date of this Complaint, and continuing at the rate of $2.10 per diem. 1: \LegalSecs\Pennsylvania \Gurka - Complaint (Cumberland Co) OK390743.doc 9. In accordance with the terms of the Note, CadleRock is entitled to reasonable attorney's fees and costs incurred in the collection of principal and interest owed on the Note. WHEREFORE, CadleRock demands judgment against Gurka for $11,199.44 in principal and $3,057.45 in accrued interest, for the total sum due of $14,256.89 as of July 26, 2013, together with continuing interest at the rate of $2.10 per diem, costs and reasonable attorney's fees in accordance with the terms of the Note. Date: July 26, 2013 Victor O. Buente, Jr., Esq. Pennsylvania Attorney No. 45585 Attorney for Plaintiff, CadleRock Joint Venture II, L.P. 100 North Center Street Newton Falls, OH 44444 -1321 Telephone: 1- 888 -462 -2353, Ext. 3124 Facsimile: 1- 800 - 860 -5367 Email: victor.buente @cadleco.com I: \LcgalSecs \Pcnnsylvania \Gurka - ComPlaint (Cumberland Co) OK390743.doe N-ORIV EST COLLEGIATE" LOAN � s 1998 -99 ACADEMIC YEAR iiOM70 APPLICATION AND PROMISSORY NOTE 1. legal Name S @T 1 7 O'3ii171Y, t Ol C�Z 2 Social Security Number 3. LOAN AMOUNT REQUESTED $ t soon on Fns, -MATTHFW M.I. K i ' 4. Permanent Hum Address 5. Address while in school 6. Binhdate 8. Progmm of Study Sheet(r BGt11 -11MMY AAI UR _ trierrikg equirrd) ,� Street (required) 8!"rai ig., � 11�4/1�78.._ 1111 Major: �T,1 P.O. Box +'-.PT 1717 P.O. Box Month Day Year cit DAYTONA BEACH c City DAYTONA BEACH 7. Drivers License No. Degree: (check one) r , ❑ Associate's - cosigner required State E-- ZIP 3 I4 State EL zip ,2114 No. a471F3.3,a 0 Assn fate's -undergraduate TelephoneNo.0 ) 2527441 TelephoneNo. s ' ) grg— T4�ff/ State PA If None: Mark ❑ N/A 0 Master's - graduate 9. Citi2cnship Status (check one) 10. Have you ever defaulted on a Federal Stafford, 11. finrollment Period for use of these 12. Total student educational debts -X— U.S. Citizen or National SLS, or any other educational loan? (if yes, funds (should not exceed 12 months) (Do not Wade Norwest Collegiate Permanent include documentation regarding current status.) �1JD 1 d" Loma amount requested in No. 3 or (Attach t ach Resident or outer Eligible Alien. From ' 9 99 other loans for this period) (A a copy of the front and back of your om Registration Card.) Month Year If you rbaked the 2nd line, a cmdh worthy U.S. Citizen auignrt is Yes —&- No To l I'{ $ Iry - aired n 13. Repayment Plan (check one) Month (a) Immediate Repayment of interest Only (b) immediate Repayment of Principal and Interest (c) ;/ Defemd Repayment -- (addendum required) - - (addendum required) l (addendum optional) 14. Personal References: you must provide two different names, U.S. addresses and telephone numbers (a) Parent or Guardian {b) Another adult relative not at the same address as 14(a) Name U Name Address Address City city �IlS�bu ro -- state pA 27P �1 state ZIP Telephone No. ( 2_L7 ) 1241 -- l ,lS Telephone No. (-?IZ) - IS 1 have reviewed the. information contained on this Application and Promissory dote and certify that it is true and accurate to the best of my knowledge and belief. I have read, understand and a to the terms of the'Bormwer's Certification" printed on the back of this Application and Pro tttf Note and I understand and a 1 ❑ Check Box and supply a completed ndum if applying as a credit-worthy borrower. IF A COSIGNER IS USED, OMP ADDENDUM MUST gE A eat otrower Signature Date Cosigner 1 Signature, ?' applicable) Dau Cosigner 2 Signature (if applicable) Aaie r. 16. Bank Code (to be completed 17. School Code 18. School Branch Code (if any) 19. by referring bank only) Name of School Embl Riddle ACrn3nti - g [bs� 0014 7 9 Phone (10-V-) Graduation 20. Grade Level: 21. Anticipated (required) 23. Loan Period two q Grade jeyal 24. Amount(s) No r we st Collegiate loan Disbursement (e.g. lone 15. 2003615 03) (e.g. July !ul 15,1994 = OT [599) Amounts 1 Freshmcst Year () and D DateCs) anlFi 2 SophomortlSecond Year D Ftpgt / D 7 y Amount Month Day Year 3 Jnaior/Rtitd Year _C7t f _ _ Cl ( Jr., S S- Oc� r/ n 3 (/ � r 2 a SeoiadFounh Year Month Da� Year Month Day your �� q 5 R ar r� a � ergtaduate 22. Other loans for this loan period 2rrd SO UV .BLS _ 03 A First •ear L...� (code) B Second year graduate (Do * inc u NCLP amount f � p � � � � 3rd _ T � �_ I C 71drd year graduate requested txstion 3.) d -= f D Beyond Third year graduate — 4th j`"`� Monde nay Year 25.1 have read 13 ,211!4: to the conditions $ forth in 's Certification' Lemont ort the reverse side of this Applicatiog �rtd missory N re. Name of School Official l" f i'i f PC aC C Title of School Official _ y f ❑ Check box If application is Signature of Schoo) Offine)al _ Date 0 3 — D (r r �T 4 electronically — ! / ® 1998 Nonvest Bank South Dakota, N.A. transmitted. Ia this Note the words '1'. 'me'. 'my' and 'mine' mean the above signed borrower and cuss gaer(s), uNrss the CG() Five yeah after the date of my fast N(`LP disb (4/98) ur:tmegl. language specifically refers to only one or the other. If more than one person signs this Application and Prom ssmy 2 RawAymeut Period - '!bc 'Repayment period' will begin to the day after the Interim Period ends and will Note, 'Promissory Note', each person will be babe for the full amount of the loan. 'You', 'your' and 'your' mean cominne for up to 180 monde. Nontroat Bank South Dakota, National Association, anyothtrbolder of this Promissory Note. 3 Sarremeat Period - L the above signed borrower, will to ve statements on my Ioan at the address shown on C. Pro P RO MIS E ise � y T PAY. Bank South D your rem s (see Paragraph L. Notices). The period of Gene covered by a statement is called a 'Statement PA�M�or m a sul+aegoeatholdtt, accordi Period.' During the laterfm Penal. !will receive quarterly statements on m !cart unless I am required to begin sn the terms below the sum of the Loan t ' repayment as defined w F.1. The y is dva teed !o me (the'Loan Amount'): P++�+Pb quarterly statements will corer Smtetneat Periods beginning on the the Origination fee. described Wow in am ill w s t and origitwtion fu; late charges: fast day of each January, April, July, and October. During the Repaymeat Ieriod, I will receive mouthty and in the event of default, collection costs and reasonable attorney's fees. }{ jQaa The mohUdy statement cover Sialeuteut Periods D, E NF aS "' ""' �n of each is illiagmmgh beginning on the first day of the 'fbe gum, Period" a rgga'� ubmsed and will end on and include die 4. � � Per. the interest rate and fees that I will Pay are based upon the School last day of die calendar gunner during whi iui Oftbe shall oocvr erect as daerminrd by You for the eligible institution that ! am NCL auendittg ib c Seboo(I eve! is immediate repayment of 'mares d0 days from the date of the tam[ disbursement, � fII71 °u by using ram average of recently published US. Department of Education Co btM Default Rauss f t dif a) If I enter i @) If f ea oat of f oli diair repayrepayment a Last day of the calendar folio �'r,0 ��' mclude other factors in determining a School level. The general criteria arc the earliest of rite followrrtg der 9 W1° as fo o ' . t Ap�mtdrrgraduate % 0) Six ra graduation) afw I, tlee � mod . .^ than 3.0096: [.evei B . programs at oat schools with it average Cohort Default Irate of Jos "^�""`��,� PC14o (for aaY reason other than API�v� ondergaduate pcggraau et ufioots with m average Cohort Default Rate of graduation) (n at least lull -time study at the school named above other ( any oter reboot participating in 3.00% b t 1 SM%: rod aA approved graduate pmgmans at schools with an average Cobon the Norwtst Collegiate I osa Program (NCLP). Default if I do have a cosigner. my school's level does not (u) Six months after 4 the above signers borrower, graduate from the school fisted above or Any other y��{'i {J�� Aft' rate and fees f s" participating in ft P ! Mail Application and Promissory Note to: Norwest Collegiate Loan Processing, PO Box 5185, Sioux Falls, SD 57117 - �XHIBIT A B 2 3 X999 LENDER COPY ; •' P ' '• 2. Any notice squired to be given to me will be effective when mailed by fast clan maittoOe latest address .. Accrual of taterest • Interest will acenhe from the date of disbursement Until payment in full at the Variable Raze described is paragraph E 2. below. you have for ma 2 3. CALIFORN16 RESMENI S ONLY' A married Applicator Applicator may apply for a separate account, N m Vnrigble RAW- Smdtp) Borrowers Attending Lryel I School; During the Interim Period, the Variable RESIDEN7•S ONLY Consumer repot$ (credit reports) may be obtained in connection wbb this Rate is the annual rate equal to 3.25% plus the Current index• rounded to the nearest one-eighth (.125) of application. If I request J) J u ilt be informed whether or not consumer reports were Obtained, and 2) If one percent During the Repayment Period, the Variable Rate is On annual rate equal to 3.50% plus the reports were obtained, I wig be informed of the names and addresses of the consumer reporting agsttries Current Index rounded to the nearest omceighth (.I25) of one pertxrtt $rod 0t Borro. -n Attending L.v 1 (credit bureaus) that furnished the reports YORK RPSIDF $ONLY A consumer credit report 11 Schools During she Interim and Repayment Periods, the Variable Raid is the onatul rate equal to 350% may be requested in connection with updates, renewals or extensions of any credit as a result of this plus the Current Index, rounded m the nearest ow-eighth (.125) M one percent. ¢tndtm borrowers with a cation If I subsequently ask for this information, I will be informed wild hrt•or not such a report was cfedttwgrtty cosiggei. During the Jnterird and Repayment periods, the variable' - Rate u the imuid roar. , re and, if so. the name and address of the•agemy that famished the rrpoi 0160 UZIDENTC equal to 125% plus the Correct Index, rounded to the ocareac onc-cighrb (.125) of one percent ONLY: The Ohio laws against discrimination require that all cmdfnm make credit equally available to all The Variable Rate will change quarterly on the first day of each January, April, July, and October (the "Change creditworthy customers,• and that credit reputing agencies maintain separate -Credit histOrits co each Date(s)') if the Oarent Wo changes. The 'Curren[ Index' for any Calendar quarter beginning on a Change individual upim request The. Ohio Civil Rights Commission administers comp ' with this law, Date (or for any shorter period beginning on a disbursement dam and ending on the first Change Date) is the WISCONSIN RESIDBNTS ONLY: For married Wisconsin residents, an eignalure cooErftns that this loan previous calendar quarter's average of the Index rounded to the neatest one - hundredth (AI) of One Percent The obligation is being iawrred in the interest of my marriage or family. No provision of any maAW property Index is the rote published weekly in The Wall Shea Journal, 'Credit Markets' section, in the table that quotes agreement (Premarital agreement}, unilateral user meat insider Section 76659 of the Wisconsin Statutes or the result as the 'coupon equivalent' rate, of the most recent auction of the 13 -Week US. Treasury Bills. If die caun decree under Section 766.70 adversely affects the interest of the leader lmless the lender, prits to the Index is no longer available, you will choose a comparable substione. _ time that the loan is approved, is famished with a [ropy of the marital property agreement, it slatemmt, a F. TERMS OF REPAYMENT decree or has actual knowledge of the adverse provision. if the loan for which I am applying is granted, my 1. Interim Period • As I indicated on the front of this Promissory Note, f have chosen one of the following spouse will also receive notification that credit has been extended to ante repayment options If I fatted to indicate my repayment option or indicated a repayment option fix which l M. ADDITIONAL AGREEMENTS ! am ineligible, your will choose Option (c) for me. 1. The proceeds of this loan will be used only fa the- educational expense at the school listed above, i (a) I am required to begin momldy repayment of interest only, within fro days of the final disbursemem. wderstand that when you accept this signed Promissory Note, you are not agreeing to Lead me county and throughout the Interim period the (b) I am required to begin mtmthly repayment of tliah m will be no the agreement until dte time the loan is required t disbursed. You have the right ct lend principal and interest within 60 odayj of.lhe fmal L � amount Less Oran the loan Amount vested [ will be disbursement. s Re4 ►Waited a repayo n the d required to make fug (c) I am nod kr one. if »rase than one person signs this Promissory Noce, each person will be liable for the full payments cluing the Interim Period. You will add unpaid accrued to antourt of the lom the principal balance of the loan at the end of the interim Petiod 2. I understand that you are located in South Dakota (SD) and this Prombtaory Note will be entered 2. Repayment Period Statements - I will male cortsecvttve monthly payments in the amounts and on the Into- A SD. Consequently, the providaist of this Promissory Note will be governed by federal laws Payment due dates shown urn my monthly statements until I have paid all of the principal and merest end and the lairs of the Stale of SD, wilhost regard to Conflict of lair rull a, any other charges I may owe under this Pmmtssory Note, 3. Upon receipt of the Disclosure Statement, I wig review it and if I am not satisfied with the terms of my 3. Standard Repayment Tams • Subject to the terms of paragraph F.4, below I will repay my loan in loan as approved 1 may cancel this Promissory Nit and all disbursements. To canal this note, L will cmn=dvc monthly installments of principal and interest calculated each Change Dale to equal the contact you within three days of receipt by an of the loan check and 1 will not cash any loan checks: or if amount necessary to amortize the unpaid principal balance of city loan (as of the date of calculation) in finds are transmitted electronically, i will instruct my school, within Oren days of receipt by tae of the equal monthly instalmeats of principal and interest at the Variable Rate then in effect over the number of Disclosure Staement to return the funds to you. months remaining in the Repayment Period. 4. By accepting past due payments you do not waive or affect any ri ht to accelerate this Prom) Note. l 4. Alternative Repayment Term - 1, the above signed borrower may choose from alternative repayment waive notice of dishonor. notice of protest presentment demand for payment, and all Otl>enonotices or options offered by you. To exercise my right to convert to the alternative repayment option, I will notify demands in connection with this Promissory Note and consent to any and all extensions, renewals, or you in writing at least 60 days prior to the beginning of the repayment period. releases of any party liable upon this Ioaa or say other loan I have outstanding tender the NCLP program. or Any cosigner of this Promissory Note agrees chat the above signed borrower may elect any alternative waives or modification Out may be granted by you. all without affecting or releasing the borrower or the repayment option without notice to, or consent from the cosigner and such election shall not affect or cosigner(s) from such loanm release the cosigner from cosigners obligations under this Promissory Note, 5. If any provision of this Promissory Note is held invalid or unenforceable, that provision shall be considered S. Amounts Owing at the End of the Repayment Period • quoe interest aunts daily upon the unpaid omitted from this Promissory Note without affecting the validity or enforceability of the remainder of [Lis principal balance of my loan. if I make payments after WpitrAWL due dit*4 owe additional Promissory Note. principal and interest At the end of the Reppaayymme Hd Ja ero'auch rases, Yea wtVV��'__imFrtase the amount of 6. Any prevision of dots Promissory Note maybe modified if jointly agreed upon in aritiag by you and one. my last monthly payment to additoufiff'sfuiomnfntcelss7y tr5`ro pap my loaniri f011 Any modification will not affect the validity or enfmroeability of the remainder of this Promissory Note, 6. Minimum Repayment - Notwithstanding paragraphs F.3 and F 4,l j pay pt, leaa;UW.OD each year 7. 1 tmdetstvid Ohre this loan is an educational loan and is made under a Program which is fended in part b) a (principal and/or interest) or the unpaid balarim whichever is ku. • s- non - profit organization and as such is not dischargeable in baakrnprtcy during One first seven years of 7. Payments ; Paytnr,'nls witJ be applied first to scanted interest then to principal, anglh'ilerminder to late repsymem ' Charges. S. I will not sign this Promissory Note if it contains any blank and before reading both sides G. LATE CHARGES �.�, ''. `g � t � x it. v + including the Notice to Cosigner(s), even if ottetwiae advised, I Acknowledge that I have received an exact I will pay a laic charge if I fail to make any Part of sec installment payment within 10 days after it becomes due. Cagy and that 1 have the Tig At an time to gh Y pay ill advance the tmpadd balance &e under this Promissory A late charge may not exceed $5.00, of 5% of One installment, whichever amount is greater. Na without -_ IL FINANCE CHARGES 9• I may na assign Us Promissory Note roar any of its benefits or obligations. You any assign this I. Origination Fees - if t obtain a creditworthy cosigner, you will charge one and I will pay an amount equal Promissory Note at any time without notice to me or my cosigmet(s) (if applicable). to 3.00% of the Loan Amount Requested to the extem it is approved. This amount will be identified on my 10. Your failure to exercise any right hereunder does not constitute a waiver thereof. All waivers mast be in Disclosure Statement If I elect to defer payments during the huerim Period. I will pay an additional writing. amount currently equal to 3.00% of my )man balance (principal plus capitalized interest) at the beginning of N. BORROWERS CE CATION the Repayment Period. i declare that the followio ,I�VU And eoaect,.i.lhn bbgowcr. ratify that the infosmatiemtan a red is 'Section If I do not have a cosigner, you will charge me and I will pay an amount equal to: 5.00% of the loan A' of this Application and Promissory Note and the Application Addeadism for the N P is true, complete and Amount Requested (m the extent it is approved if I am attending a Levi 1 or Level B school. This amount correct to the best of my knowledge and belief, Arid is made in gobd faith. I understand and agree (bat m lender will be identified on my Disclosure Statement I will pay an additional amount currently e q u al to 3.00% of will be Nmrwest Bank South Dakota. N.A_ 1 hereby authorize the school m lender pay to the der any refund which my loan balance (principal plus capitalized interest) if d am attending a Level I school or 5.0[)% of my loan may be dire me up to the amount of this loam I certify that the proceeds of ibis loan will be listed for educational balance (principal phis capitalized interest) if 1 9m attending a Level It school at the - beghaoiog the' Liipetses at the school tamed for the loan period stated trek the Promissory Note. I further authorize ally school Repayment period. This [repayment period fee may be increased a decreased At yon discretion based that I troy aaend to nfease to an insurer (if any) the lending msubsequent s, sdardon, subuent bolder, or their agen any upon the repayment performance of au SW borrowers, but will not exceed 5% if I am anending a Level I requested information Penitent to this loan (e.g.. employment entntlment stator, cttrrert address). I also school or 790 if i am autnding a Level II school. authorize an insurer (if any), the IC04M subsequent holder or their agent to check my credit and employment 2. )Deducted from Disbursement - At the time you Issue may disbursement you will deduct the applicable history. answer questions about their clear experience with me. and to release any information gathered in the origination fee firm Ohc disblusctncnt I will not be entitled to any reimbursement of any origination fee credit review process. For the purpose of learning my current address and telephone number. I authorize an after I cash my disbursement checks or if funds are transmitted electronically, 10 business days after the insurer (it any), the lender, subsequent bolder or their agent to release information and rotate inquires to the funds we disbursed to my school individuals f have listed on my Promissory Note as references. I further authorize the tender or bolder of my , 3. Added to Principal -1f I am obligated to make payments during the Interim Period, but fail to do so: or if outstanding educational loan to release information on any of my outstanding educational loans to the school , I elect not no make payments during the Interim Period; or do not qualify to make payments during the identified in Section 8 above and other schools I have attended, to any other leader a holder of any of my other Interim Period you may, at your option, add such interest to the principal balance. This does tot waive any educational (mans, std to members of my immediate family unless I subunit written directions otherwise. J , rights you have to accelerate this Promissory Note as described in paragraph I below. i will also pay the understand that I must immediaety repay any funds firm I receive which cannot reamomably be attributed to i additional origination fee, conically equal to 3% or 5% (as described in paragraph R.I. above) at the earlier meeting my educational expenses related to attendance at the school named on the promissory Note for the loan of the beginning of the Repayment Period or upon default as defined in paragraph J. below. This amotml period requested. At my leaders option. I understand that my lender may either electronically transmit limds to will he added to my loan balance at the commencement of the Repayment Period, and will be identified on the school to be applied to my acoev l or if my lender issues check(s), I amborize my tender to issue •a check , MY Disclosure Statement provided to me shortly before the beginning of the Repaymeat PeriaL trade payable to me, the school, or jointly payable to me and the school, and send it to the "not. If finds are 1. RIGHTTOPREPAY electronically transmit" I have the right to prepay all or any part of this loan at any time without Y, herby to u oriu One school to transfer foods p ov student account at the• termin I , J. WHOLE LOAN DUE ' understand that I will receive a Disclosure Statement that identifies my Approved Loan Amount (n determined by the lender), fee amounts and rates. l understand and agree that if the information our the Disclosure Statement I will be in default and you have the right to give me notice that the whole outstanding principal balance, conflicts with the Information on the Promissory Note, the information on the Disclosure Statement applies. ] j accrued interest, and all other amounts payable to yon order the terms of Otis Promissory Note an due and also certify the following; l have read the material explaining the loan progam that lens been provided to me: ( payable at nee, and cease to make further d(sbutstrt eras to me. if: understood the provisions of the program, my responsibilities and my rights under this program: terms of Otis , I. I fail to nuke payment 10 you: Of Promissory Note and this '8orrawer Cerlificabon', and that the NCLP is funded in u prOgatn pan by.a non- 2. Any payment has not reached you within 10 days after it is due; or pmt organization. 3. 1 fail to notify you of a change in my cam. address, or school emolirnent status within 10 days after a O. NOTICE TO COSICNER(S) change occurs: or For the purposes of this.notice, the words 'you' and 'your refer to the cosigner(%). not the tender. You are 4. I break any of my other promises in this Promissory Note; or being asked to guarantee this debt Think Carehdly before you do. if die borrower doesol pay she debt, you will 5. Any bbnt Pno9 Proceeding is begun by Or against me, or J assign any of my assets for the benefit of my have to. Be sure you can afford to pay if you have to, and that you want m accept this nspoasibilitp- Yno may have to pay up 10 the full amount of this debt if the borrower does not pay. You may also have to pay laic 6. 1 matte any false written statement in applying for this loan or for An extension of this loan; or Charges and/or collection costs, which inaeasgthis amount The lender can collect this debt from your without 7. 1 die; or the boerowes. The lender cao use the first trying to collect frost same collection methods against you goal can be 8. 1 am in dciauh on any loans I may already have with yew or on any loans I may have with you in due future. mod against the borrower, such as suing you, mi gashiag Your wages, em. If this debt is ever in default, that fact may become A part of your credit te4otd.rfltl riatice is act contract that makes you liable for the debt My failure to receive a coupon book or a statement does nor relieve me of my responsibility and obligation of P. SCHOOL CERTIFICATION, r, - Y making my required loan payments in accordance with the terms and conditions of this Promissory Note. You For the Purpose of this notice; the rld refer to the School Official, not the borrower. I hereby may repair my payment history- to credit reporting agencies. Afier sending such notice to me. you will have the certify that the student tamed in Section A is accepted for enmllment or is enrolled and is in good staining and right withom further notice• to take the outstanding balance out of any deposit account 1 have with you if is making satisfactory progress � ^ n edecatienal program determined to be eligible for the NCLP program and permitted by law, including the proceeds of any other personal property of mine which you have A right to take the student is eligible for the „ `4c Irian And the 'Authorized 1.020 Amourn hori' does not exceed the student's cost because of any m required between you and me. of education (minus other frui&ild aid) plus the students outstanding balance form the prior year'. 1 further If 1 default 1 will ill b lie t teq tiuired to pay interest oa this loan aceroing after default a, the same rote of interest certify that This ititution will comply with all ARplicable NCLP policies and provision, and that the applicable to this loan prior to my dcfma The iatereec rate after default will be subject to adjustment in the information provided in Seclions and8 - same manner as before default ! .. '.`r*,w and orrect to time best of my knowledge and belief. NCLP applications must be cuti¢a by ode er at the NCLP Lo Processing Lam Prossing Center. no Iota iL C40LLEC77ON COSTS than the loan period eat tlatt" Tt ; I agree to pikyb1ftes3.bnable suttamts permitted by law. including reasonable moneyl fees and court costs, - which you iucnia'in�e'a'taeing the tuner of this Promissory Note if I am in default. L. NOTICES L L wilt send written notice to you, or any subsequent holder Of this Promissory Note, within 10 days after any chaogb in by mama: g4ldress. or school enrollment uatus. ffsk Norwest Student Loan Center I X &X 301 East 58th Street North NEVER F. O. Box 5f85 J♦1�j/ ® Sioux Falls, SO 57117 -5185 1- 800 -533 -2270 Norwest Collegiate Loan Program TRUTH -IN- LENDING DISCLOSURE MATTHEW K GURKA Date Of Disclosure: 3/11/1999 600 JIMMY ANN DR Borrower's SSN� APT 1717 Application Number: 807176- 0000 -R- 016042 DAYTONA BEACH, FL 32114 In this disclosure, the words "you" and "your" refer to the borrower. "Lender refers to NORWEST BANK SOUTH DAKOTA, NATIONAL ASSOCIATION. Approval Of Loan: Lender has approved a loan to you of$15,000.00 for the Norwest Collegiate Loan Program If you do not want the loan, or if you have any questions, write Norwest Student Loan Center, P.O. Box 5185, Sioux Falls, SD 57117 -5185 or call (800) 633 -2270 and do not cash any loan checks or instruct your school to return any electronically transmitted funds to the lender. Itemization of Amount Financed Loan Amount: $15,000.00 Prepaid Finance Charge: ( $750.00 j Origination Fee: 5.000 % Amount Financed: $14,250.00 Disbursement Scheduled Gross Schedule Date at Disbursement Finance Charge Amount Disbursed ination Fee) Disbursement Amount (Orig to you 1stDisbursement 3/11/1999 $5,000.00 $250.00 $4,750.00 2nd Disbursement 5/3/1999 $5,000.00 $250.00 $4,750.00 3rd Disbursement 6(24/1999 $5,000.00 $250.00 $4,750.00 4th Disbursement Annual Percentage hate Amount Financed The cost of your credit as a yearly rate, Before principal which may change. The amount of credit provided to repayment begins After principal you or on your behalf. (Interim Period) repayment begins 9.030 8.709%9 $14,250.00 Variable Rate: The Interest Rate may increase quarterly on the first day of each January, April, July, and October (the 'Change Dates) ") if the Current Index changes. The "Current index" for any calendar quarter beginning on a Change Date (or for any shorter period beginning on a disbursement date and ending on the first Change Date) is the previous quarter's average of the Index rounded to the nearest .01 of one percent. The Index is the rate published weekly in the Wall Street Journars "Credit Markets" section, in the table that quotes the results, as the "coupon equivalent" rate, of the most recent auction of the 13 -week U_ S. Treasury bills. The effective Interest Rate is the Current Index plus the amount charged above the Index as defined in your Promissory Note. Any increase may take the form of higher payments. For example, if a 15 year loan were in the amount of $15,000 and the repayment of principal is not deferred and the loan were at a rate of 10% and then increased to a rate of 12 %, the monthly payment would increase by approximately $18.38 from $159.86 to $178.24. Late Charge: if principal or Interest payment is more than 10 days late, you will be charged the greater of 5% of the payment or $5.00. Prepavment: If you pay the loan off early, you will not have to pay a penalty. You will not receive a refund of part of the finance charge. Additional Terms: Please refer to your Promissary Note of your Norwest Collegiate Loan Program For additional information about nonpayment, default, any required payment in full before the scheduled date, prepayment refunds and penalties. a- means an estimate. You will receive another disclosure statement prior to the. repayment period. * - Based on reported graduation date, assuming a six months interim period and assuming no interest payments made prior to repayment. LnPr:Dscl: 178-60 -3427 Rev98 -01 (4 ) G 13� B ALLONGE Pay to the order of CADLEROCK JOINT VENTURE II, L. P., without representation, warranty, or recourse. Dated: November 7, 2007"` CADLEWAY PROPERTIES, INC. By: Daniel Hutsenpiller Daniel Hutsenpiller Its: Vice President AFFIDAA OF FACT Rpec :: dCI; 3 , 01 .; ;`r: ; 4 , 0 �fjtI I a;l!{ i T-�s I t. T Ltt7 f 7 STATE Or MINNESOTA )SS COUNTY OF HENNEPIN The undersigned, Patricia A. Ruedenberg, being first duly sworn deposes and says that to the best of her knowledge the following statements are true and correct: 1. That she is an Assistant Secretary of Wells Fargo Bank, National Association, a national banking association organized under the laws of the United States of America (the "Bank "). 2. That effective August 26, 2000, the title of Norwest Bank South Dakota, National Association iwas changed to Wells Fargo Bank South Dakota, National Association as evidenced by. the attached Certificate from the Comptroller of the Currency dated November 1, 2000 (Exhibit A). 3. That effective February 20, 2004, Wells Fargo Bank South Dakota, National Association consolidated under the charter and title of Wells Fargo Bank, National Association, as evidenced by the attached official certification letter of the Comptroller of the Currency dated February 20, 2004 (Exhibit B). 4. That as a result of the above - mentioned transactions, Wells Fargo Bank, National Association is the successor -in- interest to Norwest Bank South Dakota, National Association. IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of January, 2009. Patricia A. Ruedenberg Star {� of N iulesota ) County of Hennepin ) On this 15 day of January, 2009, before me, a Notary Public for the State and County aforesaid, personally came Patricia A. Ruedenberg, as Assistant Secretary of Wells Fargo Bank, National Association, and in her capacity as Assistant Secretary acknowledged the foregoing instrument to be the act and deed of said bank. WITNESS NESS my official seal and signature this day and year aforesaid. i 71, Notary - Public Fw� �.if� fill?T y £ :b ]VI corrrmission expires } - 3� - a ati� ih�j..5ter Publesota l Y - S: \RU n. 31, 2410 ,, I Certify this e s true a d correct copy of ti.s ' IPP A 1 s� EXHIBIT C Q 20 _ �rj� r�'_ Portage J. 9rytrer �tipindt his day � ? Resident County y J Notary nt or State of Ohio Notary Puu1i My Commission Expires: 04/20/2014 D E E D 525 Pact 872 EXHIBIT Comptroller of the Currency Administrator of National Banks Washington, DC 20219 CERTIFICATE 1, John D. Hawke, Jr., Comptroller of the Currency, do hereby .certify that: 1. The Comptroller of the Currency, pursuant to Revised Statutes 324, et seq., as amended, 12 U.S.C. 1, et seq., as amended, has possession, custody and control of all records pertaining to the chartering, regulation and supervision of all National Banking Associations. 2. Effective August 26, 2000, the title of "Norwest Bank South Dakota, National Association," Sioux Falls, South Dakota, (Charter No. 10592), was changed to "Wells Fargo Bank South Dakota, National Association." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused my seal of office to be affixed to these presents at the Treasury De p rtment, in the City of Washington and District of Columbia, f this 1 st day of November, 2000. i� Com troller of the CuiTency EXHIBIT B 525 873 Comptroller of the Currency Administrator of National Banks Large Bank Licensing, LIC #7 -13 Washington, DC 20219 February 20, 2004 OCC Control Nr. 2003 -ML -02 -0010 Mr. James E. Hanson Director, Regulatory Reporting Services Wells Fargo & Company MAC N9305 -152 Sixth & Marquette Minneapolis, Minnesota 55479 Dear Mr. Hanson: This letter is the official certification .ol' the Office of the Comptroller of the Currency for the consolidation ol' the ibfiowing listed banks with the resulting charter and title of Wells Fargo Bank, National Association, Sioux Fahs, South Dakota. Charter Nr. 1741, effective February 20, 2004: Wells Fargo Bank, National Association, San Francisco, CA, Charter Nr. 1741 Wells Fargo Bank Arizona, National Association, Phoenix, AZ, Charter Nr. 15715 Wells Fargo Bank Illinois, National Association, Galesburg, IL, Charter Nr. 22636 Wells Fargo Bank Indiana, National Association, Fort Wayne, IN, Charter Nr. 13987 Wells Fargo Bank Iowa, National Association, Des Moines, IA, Charter Nr. 2307 Wells Fargo Bank Michigan, National Association, Marquette MI, Charter Nr. 390 Wells Fargo Bank Minnesota, National Association, Minneapolis, MN, Charter Nr. 2006 Wells Fargo Bank Nevada, National Association, Las Vegas, NV, Charter Nr. 23444 Wells Fargo Bank New Mexico, National Association, Albuquerque, NM, Charter Nr. 6187 Wells Fargo Bank North Dakota, National Association, Fargo, ND, Charter Nr. 2377 Wells Fargo Bank Ohio, National Association, Van Wert, OH, Charter Nr. 22697 Wells Fargo Bank .South Dakota, National Association, Sioux Falls, SD, Charter Nr. 10592 Wells Fargo Bank Wisconsin, National Association, Milwaukee, WI, Charter Nr. 15057 The resulting bank, Wells .Fargo Bank, National Association, Charter Nr. 1741, has elected to retain the main office site of Wells Fargo Bank South Dakota, National Association as the main office of the resulting bank. Accordingly, this letter also serves as the official authorization for Wells Fargo Bank, National Association, Sioux Falls, South Dakota, Charter Nr. 1741, to operate the other head offices of the above listed consolidating banks as branches of the resulting bank at the following sites:. 525 PAGE 874 Consolidation Certificate Wells Fargo Bank, National Association Sioux Falls, South Dakota 2003 -ML -02 -0010 Page 2 of 3 Popular Name San Francisco Main Branch Certificate Nr. 125837A Address 464 California Street San Francisco, California 94163 Popular Name Phoenix Main Branch Certificate Nr. 125838A Address 100 West Washington Street Phoenix, Arizona 85003 Popular Name Galesburg Main Branch Certificate Nr. 125839A Address 200 East Main Street Galesburg, Illinois 61401 Popular Name Fort Wayne Main Branch Certificate Nr. 125, 8404 Address 111 Easy Wavne Street Fort Wa.yne, Indiana 46802 Popular Name Des Moines Main Branch Certificate Nr. 125841A Address 666 Walnut Street Des Moines, Iowa 50309 Popular Name Marquette Main Branch Certificate Nr. 125842A Address 101 West Washington Street Marquette, Michigan 49855 Popular Name Minneapolis Main Branch Certificate Nr, .125843A Address Sixth Street & Marquette Avenue Minneapolis, Minnesota 55479 Popular Name Las Vegas Main Branch Certificate Nr. 125844A Address 3800 Howard Hughes Parkway Las Vegas, Nevada 891.09 Popular Name Albuquerque Main Branch Certificate Nr. 125845A Address 200 Lomas Boulevard Albuquerque, New Mexico 87102 4frc 5 ?5 Peso 875 Consolidation Certificate Wells Fargo .Bank, National Association Sioux Falls, South Dakota 2 003 -ML -02 -0010 Page 3 of 3 Popular Name . Fargo Main Branch Certificate Nr. 125846A Address 406 Main Avenue Fargo, North Dakota 58126 Popular Name Van Wert Main 13ratich Certificate Nr. 125847A Address 115 Hospital Drive Van Wert, Ohio 45891 Popular Name Milwaukee Main Branch Certificate Nr. 125850A Address 100 East Wisconsin Avenue Milwaukee, Wisconsin 53202 Branch authorizations previously granted to the consolidating banks automatically convey to the resulting bank and will not be reissued. Please furnish a copy of this certificate to personnel responsible for branch adininistration. The OCC also authorizes the resulting bank. should the Wnsolidatinn nccur between Call Report dates, to recalculate its legal lending limit. The new lending limit should be calculated by using data from the last Call Report of the individual banks filed prior to consummating the consolidation, as adjusted for the combination. The resulting bank will then file a new Call Report and begin calculating its legal lending limit according to 12 C.F.R. 32.4(x) at the end of the quarter following consummation of the merger. Sincerely, Richard T. Erb 1 Licensing Manager kX �' y d I VA STATE OF WEST VIRGINIA COUNTY OF GREENBRIER, TO -WIT: I, W. J. Livesav Sr Clerk of the County Commission in and for the County and State aforesaid, do hereby certify that the foregoing is a true and exact copy of the AFFIDAVIT by Patricia A. Ruedenber as is found of record in my office, in Deed Book 575 at Page 871 Given under my hand and seal of said Commission at the Court House, thereof, on this 26th , Jannar v , 2009 CLERK, GR ENBRIER COUN COMMISSIO f cernry mis t 0 JLC,) hue an correct copy of E.s . P P\ A L S� Iph this ay 20 13 s O ��r' v': Kathleen 1. Bryner R es id en t tary public, Portage County Notary Public. State of Ohio NoWryPub4. ��^•` -:?, My Commission Expires: 04/20 /2014 b EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ACCOUNTS Wells Fargo Bank, N.A., a national banking association with an office at 301 East 58th Street North, Sioux Falls, SD 57104 (the "Seller ") hereby absolutely sells, transfers, assigns, sets -over and conveys to Cadleway Properties, Inc., a corporation organized under the laws of Texas with an office at 100 North Center Street, Newton Falls, OH 44444 ( "Buyer ") without recourse and without representations or warranties, express or implied, of any type, kind or nature: (a) all of Seller's right. title and interest in and to each of the Accounts identified in the Account schedule attached hereto as Exhibit "A" (the "Accounts "), and ; (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on. or prior to August 20, 2007, with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Charged -Off Educational Loan Purchase and Sale Agreement made and entered into by and between the Seller, and the Buyer dated September 21, 2007, (the "Agreement "). The ` Accounts are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of California Without regard to the conflicts - of -laws rules thereof. s DATED: September 21, 2007 SELLER: Wells Fargo Bank I Bv: Name: Title: t/,� �' <•/ /,_ �� STATE OF SOUTH DAKOTA) ) ss. 9 COUNTY OF On this the 21st day of September, 2007, before me the undersign officer, personalty appeared i who acknowledged him/herseif to be of a t \l5c�: corporation, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and I deed as such officer and the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my hand. jMy Commission Expires. ; 1 Commissioner of the Superior Court Notary Public i i Page 17 of 18 5XHIBIT-D. send—data FILE NUMBER ACCOUNT NUMBER Pool Description Programm Type Level of Last Agency Placement RECOVERER CODE 488232 178603427140003 Pool 1: Primary COLLEGIATE COLLEGIATE Primary POT3 Pagel send Unique Borrower LAST NAME FIRST NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP CODE Borrower 363 GURKA MATTHEW 4182 ANTELOPE COURT APT 109 MECHANICSBURG PA 170500000 i Page 2 send HOME PHONE OFFICE PHONE SSN CO- Borrower Flag CREDIT LIMIT ETC Principal Balance COSTS INTEREST GROSS Contract Da Chagre -Off I 7177321638 1111111111 N 18773 $2,405.13 $15,900.88 j 8.62 $926.42 $16,835.92 03/11/1999 12/06/2004 i Page 3 send Last Payment L ST PAYMENT AMOUNT TTL Recd Pmts Customer Interest Maker Chapter Maker BK File D Maker Discharge Date Maker Dismissal NUMBER OF COX '12/28/2005 Q 150 0.05 0 i I Page 4 send COX 1 LAST NAME COX 1 FIRST NAME COX 1 SSN COX 1 ADDRESS 1 COX 1 ADDRESS 2 COX 1 CITY COX 1 STATE COX 1 ZIP Page 5 send data file COX 1 HOME PHONE COX 1 WORK PHONE COX 1 FILE DATE COX 1 CHAPTER COX 1 DISCHARGE DATE COX 1 DISMISSAL COX 1 RELATIONSHIP I I Page 6 send COX 2 LAST NAME COX 2 FIRST NAME COX 2 SSN COX 2 ADDRESS 1 COX 2 ADDRESS 2 COX 2 CITY COX 2 STATE Page 7 send COX 2 ZIP COX 2 HOME PHONE COX2 WORK PHONE COX 2 FILE DATE COX 2 CHAPT COX 2 DISCHARGE DATE COX 2 DISMISSAL COX 2 REALTIONSHIP i it li h Page 8 LOAN SALE AGREEL/ILE NT This Agreement is made 2607 b as of October !I, 2G0;', but °FIective as of and beta *ee. n L._adle� ac- Procerties, ln`. ; a Texas corporation located at 100 North Center Street, Newton - alis O , ,+f �� Willer' -� , L.P., an Ohio limited ar Pr�' I } and CadieRock ioint Vent Il, 44 444 "Saver g m ` 'iii? located at NO lvortht Center Street, Ne - vvton Pali= E i ( t, as tollo1l s: C_ 4 iE3 E T ? 1 \..t' �H ? `Seller is the owner of various assets (the "Assets-') described in exhibit ; and WHEREAS. Seller seekz to sell and BuG e� seek °mil s to i7uv the Assets upon the tears an condi tions set forth herein. NOW, T' l_R=_: ORS for valuable co nsid e ration '' �OF2S1Cl_ratlOn grid th conditions hereinafter set rortih the p arties ee ` `T°ut"al Covenants and par ti�s ab .,,. as rollows: 1 The saie price of said Assets is will b�- on October 1� due at closing. The closing `?007, or as soon thereafter as e possibl�. The Purchase price is allocated as iollolMS: Purchase Price j I Descr?ptZOl i I { L LL The k sets are accepted recourse except as to t` L as is ", "where is " `V,'ith all faints" and without rn he outstarming prtncipai balance a � outstanding as of the closing date. and accrued interest EXHIBIT 5 1! n, a. 0 z" ' and its o6gh Loan Bhs "M respecpt the Assets phachwed OR= Buyi. i W! aN provide to PITIrlent a Assets. 5• S e I le r asUn all right, tide, and, injel:es AsSers E anr-.- CAlatera 1 A- the to BU ver N prtpare ti t "'��Ccy C " at Such dDCAPen, SeDer will andowse the nobes �ic)r tlrie, Loans WNW recourse to SAO. o - if 1105s es Hie OWN wes MY the Wns, H im) s , 'Ls N) Lo - lie notes. execute and delive p, vi.. to for t G. The date" o - Rny aD�'*i a . J "is is "gust 3L SMOT After As da a m, OT aynowits lea ., ssets fo nd W -Ird, gH on the A as soo,-, p • 7, Buyer and its alTd harnAnswSeB in dern-ruif diereni a--nd Oki as na r s , C lil Cors and empov ees fro e1j, c -li e ackcal denand, Su!�- and f rorr ry dai- yL ap charge, expeps, ail reasonoble costs of e%yer�7 ature Pild Cl r chrecuh"- or iric L -Oilt UNS111r, I g Out of r 1,-- - -1 Y Violati vic on of laW o. re�-:Ulalknl irt C�' Se-r.LT- o f ti-le �4" h C-"n 'ith the tile C"Osing'Eate. • This �' be con-Strued arld er6orced ullad� C' Agreeament constitutes the entire lie par respect to the subjec, B ties 41'i j1 -M Itter'l �reof and it ma y be ar"ended. a Ngned by'bor-I parties. fi�j 17 rneans u. Rso- W Hie Darties h, f Ji.a,.e j �i s t, c. Ve Aqgreernum W be t11 11 d."fly authc)rized Officers _j SELLER: ad 1 e v a y F;1-operties, BUQR: i"nt 'N;e'ItUre 1', Inw General P I L "7 Da C, D a n j i C.- Cadleway Properties, Inc. October 31, 2007 Original Current Number Name Balance ETC Balance OK390743 IGurka, Matthew 18,773.00 2,405.13 15,900.88 07/09/2013 1 of 1 2007bids /nov /c'way loan sale AINIENDNIENT TO LO SALE A ;R h t EN 11�ls �II1 °i1Qi11 °ll `Lc1 op Sale A I-reei e i � o - Z_11: �- made or N e; �,�,. ~ila�ec z _ as of Octobe- 1 2 - o n� :__ OOr _ r -- bus 4 _; L eras core^ 1 - 0, , ad be��Tep Cadleiva- p_- er e - vr lr��aTe l �i�; T\ }_` _ f11�., a Belie_ a� Cadi _ It J, ion - aiiS. eRou\ o1nL Ve 1.11 e- r, f_ iOO No-t Center S e�� r 1- ' - an Ohio li ni.�ed pal lersi�i _ al e « i a1s� r n . =, loCC1LeL� a - - - - -- u LSU� ; as lol iows. V\TITTV : toiler sI1Q'ayey ei l° e i Cz0_�� Ior ' 1 a Oan �cZl° o O �l �fl "1 ^` c 10p. o 1 -- �- -�� 11:_ pu rchase � n�n yTj �r .as ari sale o Various assess cne "Assess ") described in aiLrlt _� to n L V o� -11 t; an. 1, olio 1 { � . � 7 and Ut vr °nl: Lo �?~i zlLe t erm s m0^ an C condition L? urcilase and sale of the Asses as Iort11 her elrl. R ., for ,raluable collsideratior and th sz� mut�sal cove. ants and :On^lt101 s i °rela ri ei S� :t Iorti'1, file ✓aisles agee to 1nc),H - the IoilOW'111g Ua'iagr aUr1B O i. TaraR-taDh i is he e aend r _ ln ed to sate as -DEC) ls: ne sale price of said Assess i _ 11C. Clos11� cr 1r x111 `Je 'l No Io - n _ du a; ^1os111 . of 700 of as soon, th el'a,lLel as tiossiele. _ L aras;apl l = is hereby amended to state as fo1o� s: , hn ''T crc?Se price allocated as iolloi;rs: Purchdase Price ---- -- Descrip ors C r- S i i i i HIBIT Parapaph 6 is amended to state as j 0 j j0 - Vn , 6. The "cuVO date" or,.. t 2 kiter As date. anvind ail ,e is C'ctODe: 31, 200 ;ry a T th -2-,:ej�7 ed on , e Propert-Y of Buyer, alLd S-2-1je Buyer as so as Possible afte -,e,2e4 i0rWa-rd all I such p t t toxc2pt as r'nodWed herein the elm A�neer ts stated therein rejrLaL i: f ull f 01ce e d i d, and effec'-. aci tfte parties ha caused i ts AR-Teement to C"I E6 bY t-I dul-\. authc� -�fj 0, ers De exe- t SELLER: B p Cadlev,-av -L-r P' inc. CadleRc)- - 1 ( - ) i rL7 - - _ _ , \, _t-,re IT By CAME od !I, irin is SOW Gym! P2Ttne--,- fret `i h C. C aa ' le ident -a-L C. Ladle, preside,,-. Cadleway Properties, Inc. October 31, 2007 Original Current Number Name Balance ETC Balance OK390743 Gurka, Matthew 18,773.00 2,40513 15,900.88 07/09/2013 1 of 1 2007bids /nov /c'way loan sale CadleRock Joint Venture H, L.P. 100 North Center Street Newton Falls, OH 44444 (330) 872 -0918 (888) 462 -2353 (888- GOCADLE) FAX (330) 872 -5367 July 10, 2013 Mr. Matthew Gurka 389 Sheely Lane Mechanicsburg, PA 17050 RE: Norwest Collegiate Loan Originally Dated: March 11, 1999 Original Principal Amount: $18,773.27 Maker: Matthew Gurka Original Payee: Norwest Bank South Dakota Our File No. OK390743 Dear Mr. Gurka: 1 As you know, CadleRock Joint Venture II, L.P. is the current owner of the above - referenced debt. You are hereby advised that your debt is in DEFAULT, and that CadleRock Joint Venture II, L.P. hereby DEMANDS that you immediately pay all outstanding amounts of the debt in full. CadleRock Joint Venture 11, L.P. hereby makes DEMAND upon you for payment in full of all unpaid amounts through July 10, 2013, of $14,223.29, which includes the principal balance of $11,199.44 and accrued interest due through July 10, 2013, of $3,023.85, due immediately. Interest accrues thereafter at $2.10 per day. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. If you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (888) 462 -2353, Extension 3281. If the total amount due is not paid in full as indicated above, CadleRock Joint Venture II, L.P. may pursue its legal remedies, which may include the filing of a lawsuit against you for the total amount due, plus court costs and attorney fees, if allowed by law in your state. IN ACCORDANCE WITH 15 U.S.C. 1692e(l1), PLEASE BE ADVISED THAT THE PURPOSE OF THIS LETTER IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. If you have any questions, please do not hesitate to contact me. I can be reached toll -free at (888) 462- 2353, Extension 3281, between the hours of 8:30 a.m. and 5:00 p.m. ET, Monday through Friday. L 1 Yours very truly, d ina i it ail Account Officer NE:JKH By Regular Mail — c/m and Certified Mail - Return Receipt No. 7013 0600 0001 4035 1779 I:Vennifer MDMD- 0K390743.doc EXHIBIT 0 � • • I Service,. CERTIFIED IVIAIL.RECEIPT:� �+ Y ( Dome stic , r i— 4 - Ln r M Postage Certified Fee Postmark ° Return Receipt Fee Here ° (Endorsement Required) ° Restricted Delivery Fee (Endorsement Required) ° Total P Mr. Matthew Gurka ° Sent To 389 Sheely Lane r^ Mechanicsburg, PA 17050 r'1 Street, A 0 or Po B, OK390743 N. Evans -- - - - - -- � City Sta A UNITED STATES POSTAL SERVICE® Certificate Of Mailin To pay fee, affix stamps or g meter postage here. This Certificate of Mailing provides evidence that mail has been presented to ailing. This forth may be used for domestic and intema � From: ! CadleRock Joint 1 100 North Cent 0 Newton Falls, 209627,6z 209&27, O $ 01.20() Ffi+ JUL 2013 OMZIPCQDE 4444,4 To. ') MT, Matthew Gurka - - - Postmark Here 389 Sheely Lane Mechanicsburg, PA 17050 OK390743 N. Evans PS Form 3817, April 2007 PSN 7530 -02- 000 -9065 i IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CADLEROCK JOINT VENTURE II, L.P. CIVIL DIVISION Plaintiff, NO. VS. MATTHEW K. GURKA Defendant. VERIFICATION I, Nina Evans, hereby depose and state that I am the Account Officer of the Plaintiff, CadleRock Joint Venture II, L.P., in the action herein; that I am authorized to take this Verification on behalf of Plaintiff; that I have reviewed the foregoing Complaint and that the facts contained herein are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: July 26, 2013 / alu& Nina Evans, Account Officer for Plaintiff, CadleRock Joint Venture II, L.P. C: \temp \Gurka - Complaint (Cumberland Co) OK390743.doc Our File No. OK390743 VALIDATION OF DEBT NOTICE Date of this Notice: July 26, 2013 In accordance with 1.5 U.S.C. 1692e (11), please be advised that the purpose of this Notice is to collect a debt, and any information obtained from you will be used for that purpose. Each of the following items applies directly to the debt, which Plaintiff, CadleRock Joint Venture II, L.P., is attempting to collect from you: The Total Amount Owed on the debt as of the date of this Notice is $14,256.89, which includes principal of $11,199.44 plus accrued interest of $3,057.45. Because of interest, the amount due on the day you pay may be greater. If you pay the total amount owed shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write Victor O. Buente, Jr., at the address listed below or call 1- 888 - 462 -2353, Ext. 3124. The Plaintiff as named in the attached Complaint is the creditor to whom the debt is owed. Unless you notify CadleRock Joint Venture II, L.P. within 30 days of your receipt of this notice, that you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by CadleRock Joint Venture II, L.P. If you notify CadleRock Joint Venture II, L.P. in writing within thirty days of your receipt of these documents that the debt, or any portion thereof, is disputed, CadleRock Joint Venture 11, L.P. will obtain verification of the debt or a copy of the judgment against you and a copy of such verification or judgment will be mailed to you by CadleRock Joint Venture II, L.P. The mailing address is as follows: CadleRock Joint Venture 11, L.P., 100 North Center Street, Newton Falls, OH 44444 -1321. Upon your written request within 30 days of your receipt of this notice, CadleRock Joint Venture II, L.P. will provide you with the name and address of the original creditor, if different from the Plaintiff in this case, which is The CadleRock Joint Venture II, L.P. The Total Amount Owed on the debt as of the date of this Notice is the total amount owed based on the information provided to us. We reserve the right to correct any error in calculating the Total Amount Owed at any time. Requests and notices should be addressed to the Creditor's attorney as follows: Victor O. Buente, Jr. Pennsylvania Attorney No. 45585 100 North Center Street Newton Falls, OH 44444 -1321 Telephone: 1- 888 - 462 -2353, Ext. 312 4 Facsimile: 1 -800- 860 -5367 Email: victor.buente @cadleco.com I:\LegalSccs \Pennsylvania \Gurka - Complaint (Cumberland Co) OK390743.doc CadleRock Joint Venture II, L.P. In the Court of Common Pleas of Cumberland County, Pennsylvania No. / , �/' Civil Term vs Matthew K. Gurka PRAECIPE To the Prothonotary: Please enter my appearance as attorney for the Plaintiff, CadleRock Joint Venture II, L.P. r- 5 ° rn cz - d c— �� `_ �r / C: 1 -t _C ...- - David D. Buell Prothonotary 20 < 3 Attorney Info: �$•�� Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff 100 North Center Street N ew t on Falls, Ohi 44444 -1 1- 888 - 462 -2353, ext. 3124 (tel.); 1- 800 - 860 -5367 (fax) victor.buente@cadleco.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -OF r,, T Sheriff . iW;rt Jody S Smith �� ��+ Chief Deputy �' ' Richard W Stewart a ~ *R. 3 �F�g�� COMITY :_ , _ Fr P P M S Y LVA M A CadleRock Joint Venture II, L.P. Case Number vs. Matthew K Gurka 2013-4452 SHERIFF'S RETURN OF SERVICE 08/13/2013 08:09 PM- Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Darcie Kauffman, fiance , who accepted as"Adult Person in Charge"for Matthew K Gurka at 389 Sheely Lane, Hampden Township, Mechanicsburg, PA 17050. AMANDA COOBALIGH, DEPLOY SHERIFF COST: $50.76 SO ANSWERS, August 14, 2013 RbNW R ANDERSON, SHERIFF tc1 countySu to sheriff,Teleosoft,Inc.