United States District Court, W.D. Pennsylvania
November 7, 2005.
HOME BUILDERS FINANCE, Plaintiff,
RICHARD UNDERHILL, et al., Defendants.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
ORDER OF COURT
AND NOW, this 7th day of November, 2005, the court has been
advised by counsel for the parties that the above-captioned
action has settled under the following terms:
1. The "Richard Underhill Defendants"*fn1 will
pay to Plaintiff Home Builders Finance, the sum of
$200,000.00 in full by January 16, 2006;
2. If payment is not made in full by January 16,
2006, Plaintiff is permitted to enter judgment in the
amount of $275,000.00 against the Richard Underhill
3. Plaintiff is to transfer title of Lot # 8 of the
Birch Ridge Village to the Richard Underhill
Defendants within five (5) days of payment in full;
4. The Richard Underhill Defendants agree not to sell
any property prior to payment in full without first
notifying and obtaining the consent of Plaintiff;
5. Plaintiff agrees to cooperate with respect to any
and all liens it holds on property which the Richard
Underhill Defendants wish to sell in order to satisfy
the settlement amount;
6. Plaintiff agrees the satisfaction of the Richard
Underhill Defendants' obligations set forth herein
will satisfy any default judgment entered against Defendant Anthony Jacob;
7. Plaintiff agrees to take steps to resolve any
outstanding litigation against the Richard Underhill
Defendants which is pending in the Courts of Common
Pleas of Washington County, Pennsylvania;
8. Plaintiff agrees to dismiss, with prejudice, all
claims asserted against Defendant William Somplatsky,
and William Somplatsky agrees to dismiss, with
prejudice, all counterclaims asserted against the
9. The parties are to prepare and tender to the Court
a settlement agreement and consent decree.
10. This case is to be administratively closed, but
any party can petition to re-open the case for good
cause shown on or before January 31, 2006.
It is, accordingly, ORDERED that the above-captioned action is
hereby DISMISSED with prejudice pursuant to Fed.R.Civ.P.
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