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CHK^ISTINA M. S DERoNotaryi Pubfic, Sta* fAhio

My Commission Expires:

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.^t.ICHARD A DUNCAN

1100 EAST BLVD

AURORA, OH 44202-9566BORROWER'S NAME AND ADDRESS

- r includes each bortower above, jeintly and severally.

tTiaird Federal Savings d d

Association of Cleve2

7007 Broadway A_ve

Cleveland, OH 44105-9981

l.ENDER'S NAME AND ADDRESS"You° means the lender, Rs successors and assigns.

Loan Numbe ^_Date 6/1/^

Maturity Datey-6/18/2017,LoanAmourSt S 115,100.Dd^

Renewal CN NA^ ^i

For vaiue received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of ONE HUNDRED FIFTEEN

THOUSABID ONE HUNDRED AIqD 00/100 Dollars $ 115„ 100 _ 00

®

aSingle Advance: lwill receive all of this principal sum on Date Disbitrsed* . No additional advance5^ar"tempiated. der this note.

Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow unde%trils note. On

I will receive the amount of $ and future principal advances aye contemplated.

Conditions: The condftions for future advances are t t = ^

Open End Credit: You and I agree that I may borrow up to the maximum amount of principal mb{e than one time. Th- feature is

subject to all other conditions and expires on . ,

g Closed End Credit: You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions).

iNTEREST: I agree to pay interest on the outstanding principal batance from Date Disbursed* at the rate of 7.250 % per year

until Maturity Date

^ Vatiable Rate: This rate may then change as stated below.

Q Index Rate; The future rate will be the following index rate:

No lndex: The future rate will not be subject to any internal or extemal index. it will be entirely in your control.

.r^ Frequency and Timing: The rate on this note may change as often as

A change in the interest rate wili take effect

^ Ljmitations: During ttte term of this loan, the @pplicabie annual interest rate will not be more than

_ %. The rate may not change more than

Errccc vr variabta Rat.: A ohanye in the interest rete will have the following effect on the payments:

---9-% or less tban

% each

Q The amount of each scheduied payment will change. 0 The amount of the final payment will change.

Q

ACCRUAL METHOD: Interest will be calculated on a ACTUAL/ACTUAL basis.POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after matunt^nd until paid in full, as stated below:

® on the same fixed or variable rate basis in effect bafore maturity (as indicated above). ,^i

El at a rate equal to

LATE CHARGE: If a payment is made more thanl5 days after it is due, I agreespay a late charge of 5. 0000% of

tlmonth v pavmen^ ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges whi ^ are = are not included in the

principal amount above:

PAYMt2VTS: t agree to pay tnis note as follows:

= Interest: I agree to pay accrued interest

Q Principal: I agree to pay the principai

® Installments: I agree to pay this note in 120 payments. The first payment will be in the amount of S 1, 354 .11

and will be due July 18 2007 A payment of 51, 354 .11 will be due the 18T8 ofeaah month thereafter. The final payment of the entire

unpaid balance of principal and interest will be due June 18 2017

ADDITIONAL TERMS:

Refer to Good Faith 8stimate for Item3zation

,_g) SECURtTY: This note is separately secured by (describe separate

document by type and date):?iortgage dated June 1, 2007

trhls iocticr, i, tvr peur!ntsrnsi ve=. Fviure to lia a sepxYx stu:i;y da:.u Mer.: Eoes nct mcm: tie iap.e^mr wm not seeureu.is note.l I

PURPOSE: The purpose of this loan is Payoff TFS ELOC

SIGNATURSS: I AGREE TO THE TtR®BS OF THIS NOTE (fNCLUDINCTHOSE ON PAGE 2)_ I have aceived a copy on today`s date.

- . .,_... .. __ _e.. .._ ..z ...,. ,... ,.r .. .. a r ^tttrunl announr oT pnmapa mqre than one time. T1f feature is* ^....

sub)ect:to aii ,Rher condRions and explre^ on ,j

° .X-- Ciosed End CYed+t: You arfL I agree that t may borrow up to the maximum only ane hme (and sub,ect to all other condiUons)-ATER=ST= I agree to pay interest on t:te outsWnding pj¢ncipal balance from Date Disbnrsed* at the rate oi ^ per year

until Nlatstrity Date

^ Variable Rate: This rate may then change as stated below.

Index Rate: The future rate will be the following index rate:

No Index: The future rate will not be subject to any intemal or external index. It will be entirely in your control.

^ Frequency and Timing: The rate on this note may change as often as

A change in the interest rate will take effect

_ Umitations: During the term of this loan, the applicable annual interest rate will not be more than % or less than%. The rate may not change more than % each

`cffect of Variable Rate: A change in the interest rate wiif have the foliowing effecf on the payments:

7he amount of each scheduled payment will change. 0 The amount of the rinal payment will change.

ACCRUAL METHOD: Interest will be calculated on a ACSt1AL/ACTUBL basis.

POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below:

on the same fixed or variabfe rate basis in effect before maturity (as indicated above)_

^ at a rate equal to® LATE CHARG& If a payment is made more thanl5 days after it is due, I agree to pay a late charge of S. 0000% of

atonthl9 paVmeIIt "

^ ADDITIONAL CHARGES: In addition to interest. I agree to pay the following charges which = are 0 are not inciuded in the

principal amount above:

PAYMENTS: I agree to pay this note as follows:

^ Interest: I agree to pay accrued interest

E^ Principai: I agree to pay the principal

® instatlments: I agree to pay this note in 120 payments. The first payment wfil be in the amount of $ 1.354.11and wfll be due :7t3.Iy 18 , 2007 . A payment of $1`4354.11 will be due the 18TH of

eachmont3t thereafter. The final paymem of the entire

unpaid balance o9 principal and interest will be due June 18 , 2017ADDITIONAL TERMS:

I2efer to Good Faith Estimate for ItemiZation

® SECURITY- This note is separately secured by (describe separatectou,ment by type and date):Mortgage dated June 1, 2007

Crhi5+2Ction is rer yYUr inle(nal usa. Fbllure A. Nsl a YCparate SerlUrlly UUprmenl doe8 not m[aa th23gre@me111 W Ili net secure t16s note.)

PURPOSE: The purpose of this loan is Payoff TFS EIAC

SIGNATURES: I AGREE TO`THE TERMS OF THIS NOTE ( INCLUDINGTHOSE ON PAGE 2). 1 havq4vceived a copy on today's date.

Signature for Lender RICHFiRD A DL).NCAN

UNRrBZSAL NOTE0 1 984. 1991 WeNcaRluwerFinendalServlcrs - Bank¢rsSystemsw PonnUN 3141200Z--

VBAr`''8-Ct54 (0210).02rpaoe r mzi

Sllf. ' Bnasen Bxnrv^cs. Pusus^ens. Sra.,:ecz,. 2^.u. Q;^a

n Decree Or Order Of Sale

To all Persons to Whom these Presents shall Come:

A ilWhereas, at the pr Term 19 8 , of the Court of Common Pleas of the•t,=ounty of

Portageand State of Ohio, in an action numbered on the Docket of said Court as

Case No. 98 CV 0114 wherein Countrywide Home Loans, Inc.

Piaintiff-, and

John J. Studnicka, et al

Defendant-, an order of sale Dated April 13, , 39 98 was adjudged and decreed

to the said Countrywide Rome Loans, Inc.

against the said John J. Studnicka, et al

Sixty-Nine Thousand One Hundred Thirty-Seven Dollars and Six Centsfor the sum of ($69,137.06) • Dollars, and costs of suit:

Approximately Six Hundred Fifty Dollars ($650.00)And Whereas, pursuant Ia said judgment, an order of sale was afterwards, on the 22nd day of

April , ig 98 , duly issued by said Court, commanding the Sheriff of said County to sell thehereinafter described premises according to law;

And Whereas, I, Du$ne W. Kaley , the Sheriff aforesaid, having caused saidpremises to be appraised, and a copy of the appraisement to be duly filed in the office of the Clerk of said Court, and

having advertised the time and place of selling the same, in the `Portage County Legal News

a newspaper printed and of general circulation in said County,for the period of thirty days prior to the day of sale, and otherwise complied with said order and the statute in such cases;

And Whereas, on the. 715th

"at the front of the Courthouse"

"aithe doa-of the Court House' or "on the premises"

June 98t3

p'M_ of said day, 1, the said Sheriff, ^

exposed said Real Estate for sale at Public Auction, and the same was then and there sold to the hereinafter named

grantee , tor the sum o; Sixty-One Thousand Dollars Dollars, the bid

of said grantee being the highest and best bid offered, and said sum being

the appraised value thereof;

And Whereas, at the April

day of

in said County at 1° 40 o'ciock

at I.east two-thirds

Term of said Cour[, 19 9 , the said proceedings by the said Sheriff

had in the premises, were submitted to said Court, and by it in all respects confirmed, and the said Sheriff was ordered

and directed to make a Deed of said Reaf Estate to the said hereinafter named grantee^;

Now Know Ye, That 1, Duane W. Kaley , Sheriff of Portage

by virtue of the Statute in such case made and provided, and in consideration of the said sum of

Thousand Dollars

- County, Ohio,

Sixty-One

Dollars, which I acknowledge to have received from the grantee-,

do hereby Grant, Sell and Convey unto said grantee - Richard A. Duucan, I`

heits and assigns forever, the following described real estate,

situated in Portage County and State of Ohio, to-wit: °

Situated in the City of Aurora, County of Portage and State of Ohio:And known as being all of Sublot i3o. 525 and the Easterly 25 feet ofSublot No. 526 in Westezn. Reserve Land Company Geauga Lake FruitlandSubdivision of part of original Arrora Township Lot No. 1 as shown bythe recorded plat in Volume 4 of Maps, Page 35 of Portage County ofP1at B.ecords.

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CITY OF AURORABrown-Keidel Service Center

158 W PioneerTrAurora, OH 44202

0-995-9109

r -I

DUNCAN RICHARD1100 EAST BLVDAURORA OH 44202-9566

Foto

fnw.,

04/02/0^

pAEV10US READ

m

07/02/07

CURRHJiREAD

NE]CrBiL1.iNG

OCT 07

GONSUMP7lON CODE

586 598 12 WT586 598 12 WR

12 sw

PREVIOUS &ALANCE

ACTUAL READ

AMDUNT

42.55

66.95-

CLOSED: Monday, Sept 3;Visit www.auroraoh.comwater department informa

ACCOUNTNUMBER

112-09000-03

KEEP THIS PORTIONOF THE BILL FORYOUR RECORDS.IF YOU ARE MOVINGPLEASE CALL330-995-9109_ADDlTIONALINFORMATION ISLISTED ON THEBACK OF THIS BILL,-

A l0 m panetfy wiii Ue ac6ded aFter tfia Bilting Due 4ate, if paymeR4 has[fot9l=en rtceived- D-Jinquent notices rrilt [xesent out atter peaeftiea are appiied. PaytnOpt Dtust iYe paid wi4hin tC days io avoid disCOnnew^:ion of water serviee.

Sen: oin a,u,r y,z.w.u:.-,.... _ ... _ . _... _._.._.. _.-----. ....

060

MAKr ^ PAYABI.F rr'

&)A%Ri^tiARD A QUNCAN

^';11g1D EAST BLVDALtFtORA OH 44202-9566

Account Number Date Prepardi Next Meter Reading5^ 0343 3177 August 17u^007, 09/13 - 09/1812007

E77^00minioiiif

For questions about Dominion East Ohio charges call 216-369 2345. Avoidestimate-enter a read bethveen 09/14 & 5 p.m. on 0 9/1 8120 07 at www.dom.co

Credits And Chatnes Since Your LastSillce YV ast $149.60 CR

•Baiancet . $149.60 CR

Dominidh. Easi Ohio Disiribution ChargesNlariihlySerdice Charge $5.70:Gas Transportation :Charge 7.46Tatal:Dweinion East Ohio Charges $13:16;fo' rquestlons about .transportation (deiivery) charges,:calr-Aocninion EM Ohio at 216-361-2345.

;Mx,Energy Charges .Cos:Cost 2:6 MCF @ $12.11 $31.49Sales Tax 2.13toiat°fdlx Energ7r Charges ..... $33,:62Forquesfions about gas supply costs, arntact LIxFrumgyai 1-800-785-4373 or 100 South 4th StreetMartins:•F®ny,Ohio 43835 Ohio ContlnerOl814U1a11CBting

rerter cnmww gy.:noOr wTuW'Current.Ci,arges ($46 78j

. . ^ .TotatAcuuot Balance 5102.82 CR

Ill= .- .Avemge Daily Temperature 2006 .2007For This B7iing period 74°F 72'F

Gm OselnMCF

tLiI.iL L

IWg Sep Oes Nov Doe Jan W+6

Average.monl tFity' _useiTotaiannuaiuse:

Billing Period And rs'f:ter Readings

#lar

a-.n-Apr-btay.Jun Jul /Wg

3p676.7 RAGF.

80:9 MCF.

I

eadinc :piffer$ncerrYs^^lfeter NumberAUg 15, 2007 sJul 17,2007MCF lised in 29 Days

No:P.apmeni Due

^_^"rtb'xs'^ng^rstem7^Yiattg^

.2:62.6

Change:or dean yrourfumace fiiter at teastthree times during the heating season. Aclean filter wifl help yourfumaw operate more effeotiveiy and could save:you money.-fSflBp yaUr h®a6ng syst9m running safely and affieieniiy. A qualified heating: contractor should inspect ft once ayear and make repairs when needed. 1Y.s:best to have thesystem checl,c®d during summer months - before you7i need it

ENERGYSHARE: Help peopie wUhout>heat by donatlng to EnergyShaze. Add $1, $2, $6, $12, $28 or $36 to. yourpayrnent or mail a s®paarate ohsek payabio.to EnergyShare, Salvatton Army, P.O. Box 5847, Cleveland, OH 44101.

^timatd .,=1^8.0

f t55.4

AF+ ^^:ar4wryIYl S i/r t-^

Billing Period: Jul 17 to Aug 14, 2007 for 29 days

Account umber. 11 00 09 396 81

Big for. RlCHARD A DUNCAN1100 EAST BLVDAURORA OH 44202

Next Reading Date: On or about Sep 14, 2007Bill Based On: Actual Meter Reading

Standard Residen6alat x' . umm ryun . <a

Your prev7ous biit was 59.5sTotal payments(adiustrnents -300.00

Bal-irice at billing on August 15,2007 -240.42

Currat Basic ChargesOhfo Edson - Consump6on

You have.a:creilit balance of

Page 1 of 3E12

nount,..-. ue:,

° V 45:67 .:=$'E94.75

To avoid a 1.56% Late Payment Charge being added to your biil, please pay by the dae date.

Bill iasued byrOhio EdismPO Box 3637Akron OH 44309-3637

^ ta eFmergencyt0ufage Reporting 1-888544-4877Payment Options 1-800-666-3421

.GomRW=A^Aessa9e4Your cunent PIaCE TO COMPARE for generafion and trarumission from Ohio Edison is listed below. For you to

save, a suppliers price must be lower. To obtain an "Apples to Apples° oompaiison of available conpetifnteelectric smpiier ofters. visit the PUCO.web site at www.PUCO.ohio.gov.

6.3 cents per kWbS'tandard Residertial - 666D483128

July 17, 2007

Biikng Period: Jun 15 to Jul 16, 2007 for 32 daysfUext Reading Date: On orabout Aug 15, 2007Bill Based On: Actual Meter Reading

Account Nurnber: 11 D91 81

Bi11 for. RICHARD A DUNCAN1100 EAST BLVDAURORA OH 44202

Standard Resi.'dan0al

Your pret(ious bi0 was 13.96Tota1 paymentstadjustments 0.00Batarux at biliing on July 17, 2007 13.96Current Basic Charges

Ohio Edison - Consumption 4`a41Late Payment Charges 0.21

Tofaf Current Charges a5:1±?:" 1 a?R^ S*I;^4 ^1^13;iY^ `. :IS^ ^unf-.- -

sAY¢ ^

To avoid a 1.50% Late Payment Charge being added to your bill, please pay by the due date.

-jkt"'aae Uaily Use (KUyli)A.ueeage Baisy TemperatureDays in Bltitng Period

NO'i' 14EG0TlA6t.E

<.±••^^1^►3rnwwrde n

Uct 06 312 Apr 07 366Nov 06 330 May 07 320Dec 06 417 Jun 07 297

Jul 07 366

^Pagelof3 -+'E12

7T53-.aaF

^ v y ^N

.00 NOT USE .'rt3G'-.'.. ..0r 'DER .,.^^^FOR REOR

700 CRANBERRY WOODS DR.CRANBERRYTWP., PA 16068

M Y

Nl co^rtu ,.. .:erizo ::ireless.com

Ar,count Number

a^ i 0. .1.^`.1, irC, D 0, 1

invoice Number

10024300 Ol AV 0312 "AUTO 16 0 442544202A56600 4 E PR1ffi11

6i,ddci6d.Il I,.I If L li.il 111 11 .,l!.,0! I„!1, I ,!i. I .n 6!!RtCHARD DUNCANt 1o0 EAST BLVDAURORA, OH 44202-J566

Date Dre

L `b: PCi;

1751544323_

.hrl 25 - Aug 25

Previous Baianoe We back furdetafls) $76.02

Payment-Thank You -$300.00CredPt Balence -5223.96

MonihW Acce.s Charges

Usage ChargesVoiceData

$54.98

$1.49$3149

Vedmn Wriieless' Suntrargesand Other Charges & Credils $200

Taxes, 6ovemmentat Surcharges & Fees $614,Total Carrent Charges

`^

Total Amount -S127.64

Pay from Wiretess I Pay on the tNeb Oues6ons:

\-,^Vwiawwif^ Bd! Date /Wgust 25 2007YYe never stop woddng for yow Account Number

,981851981-00001

tnvoice Number 1751544323

RICHARD DUNCAN1100 EAST BLVOAURORA,OH 44202-9566

Credit BalancellOM1TPAY

P.O. BOX 25505LEHIGH VALI.EY, PA 18002-5505

-$127.64

!...!il..!,!!...!!.....!.!.!.!,.l.!.H....!.l..l.d!Check here and tiR ou[the back of this slip it your billing address^^--hanged or you are adding orchanging your email address.

175154432,Ll109&18519LZ©00[]1Et0Elit[196340Dft11127641

VN

-_ ^- _-- _ __- --

our AT&T Statem at&t^Juig fi- August 5, 2007

SB,VNC,M>s390220 4 6 567 011# 7850.20.802.776056 4 AT 0.334 Customer ID: 330 955-53T7 2046567

{^{n{i{nin{i{{{nmi^ll^{^nl^inl{in{{ull 111 Page 9 of 3

RICHARD DUNCAN1tooEASTBLVD -AURORA OH 44202-9566

inllllllnllnL6lhdII11^LIi^LnIIIId6Cnlilri^lhd1,11LL611

5ummary, of charges

Preuious balance..............................^...... _ 9269Payments..................................... . .^ 0.00

.. ........Credit balance as of August 5....... . 1^... . 39269

cORTent cnarges ............... ..._.... ......-..-.....5A.0D

kt&t

Customer service: 1800 222-0300Text Phone (TTY): 1 800 833-3232Internet Address: www.att.com

Extia Eatra!Get your telephone andDSL network equipment atone place,www.atLcom/buy.

CHECK NO.64467144 J-^

DATE 08/15/2007CHECK AMT. 92.69

FOR INQUIRIES CALL 800-222-0300SYSTEM

sySTEM CODERESIDENCE SERVICE

deducted from your enclosed check l o nio'r,zn5„x,:-end sign on the line on the back of the remittance coupon, andretum vrith yourpayment. Or sign up for online billing tR LaViekY.

and pay your hni each month by logging onto your AT&T Online

Billing account at www.attcomtremftdoc

RRAMP

REFUND

-----;rrrJZ--1 ti.,.. -----------w^uw.atcomOntie,. ...-_....._,.:..Why more customers arechoosing online bilting!Simpiy visitwww. cu stomerservi ce. att com to manage or set up•,)ur online account.

" -'- Gontinues ^n {ack

wPaBO,t e4 1MA-nNEWa NC 2810&DMADDRESS SERVICE REQUESTED

llrlla,lUt,llllIL11LL.iitQf6,l,t Ur r111LirllhdJltLL1111r.^1A'BWNKCCGN019634739995#IaCEIW2DDUNCAN1100 EAST BLAURORA OH 442025566

I,l.,hit.!„l,IlLa,rLlLI»,Li,.iltt.iltrlbttllrt,ttl.11

Porloca! bitling inryuiriesplease call

1-8U0347-1991

NtQnDAY 75YOJGH iR7nAY 7'AO A.M. T079D PM {E8T)

EA7URDAY &°"0 AM. TO 5.'OD P.M. (ESf)

See P9e 3 tar your sevice providets.

Ifyon are payingforma[tiple Windstream

acconnLs with oneclteek, please include

the re»ifrtance s[ip foreaclt acemmt and note

theaccountrmmbereon Ueememo line

ofyottrcheckFknnkyou.

f35rulsorani now offersonGnebil/;ngar

vnviy.ioindtlrerun comYoarPliVtore8iateris:

1U5278949

RICHARD DUNCAN1100 EAST BLAURORA On 44202a566

60.70

5.30

$ 66.00

$

Account Nurt.ber

Mailed Date

Total Amount Due

DaeDate

78.11

Yesi 1 am interestedin Windstream Broadband.Please contact me.

001 963 473 999AUGUST 07, 2007

78.11AUGUST 27, 2007

Amount Paid $

Please detach here and return with remittance(Make clecks payahie W. WINDSIREAM WEBTERN RF3HtVE INC

010 330-995-5377 082200 999 001963473 7 04

D Cnm;x ^-ere zor ac:;ress ct,aag-.. a c3r.vme..°s.Ptezrc, vni#e on reee:-^ sloe.

WINDSTREAM SERVICE AT-A-GLANCE

Previous Bil!PaymentslACf}itstenents thru 08/03

..:-- .Amount Previo^isiy Due -bUE IMMEDIATELY

SUMMARY OF GiJRRENT CHARG

LOCAL .

CURRENT CHARGES DUE AUGUST 27, 2007

TOTAL AMOUNT DUE

61,iIIItrtt,ldl,LtIt.att,llt,L,lIadt.Lll 9491111 .{,t.,I1t'111 tt dS t[`eai37P O BOX 9001908

f LOUISVILLE, KY 4 02 9 0-1 908

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7000999nnnnnnnnn i.^'iL7ti77^n'^rtssn^.nnnn.-..-.:.-.--- •

JCVLLreetings. have clo^ d youGBank,A terica card(s). .

RICHARD A DUNCAN1100 EA$T BLVD

M= AURORA OH^ 44202-956600

Accountr Cardhold'e(Verify name and address, and sign card(destroy any cards you previously receive

Enclosed is your new credit cardAmerica Bank, N.A. has been renamehave replaced your current creditnew card has the same Personal ldentifirequest a new PIN by calling 1-866-222-any merchants who automatically bill-yo

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..""x

P.O. UOx 6500Sioux Falls, SD 57117•6500

t,i.,l^t..l. ...^.t. ,t....t..i^..ll..ltRICHARD DUNCAN1100 EAST BLVDAURORA O'H 44202-9566

Dear RICHARD DUNCAN:

Thank you for your interest in our Atito°3y service.^ I

By eryY"roiiitlg in AutoPay, your credit card payment can be deducted electronically fromyour checking/v ney market or sagings account held at any participating bank or financialinstitutiori'in the United S1'9tes.

Simply choose one af the three paylnent pians:Sign the enrollment form, detach andreturn it with your voided check or 3sevings withdrawal ticket. Piease ensure yourinformation includes a berik? ^" uting . er hat begins with a 0,1, 2 or 3 and your bankaccountnumber. _ _....._.. _^^- .. __._._._._

ttlakes lete the enroiimegt process. We wili notify you whenyour first a o a Ic payment is scheduled to begin byprinfi^ a message on your Citi GoldAAdvantage World MasterCard statement.

For addiflonai information about AutoPay, take a look at the enclosed brochure. Be sure tosave it for tuture reference.

Pfease check this box if you are currently enrolled in the Autopay service and wouldDiike to update the bank account intormation or your payment pian. Then return this

complete letter in the enclosed enveidpe following the above quideitnes.

8incerelq;

'640io &nj5. LarsonCustomer Service

Enct osure O/LOfZ5dOf0/OOl/MD/PN/(1P/0082/TELT$19/1200708 r400213822/84 9

Yes. Please sign me up for AutoPay Service.CHOOSE YOUR PAYMENT PLAN:

RICHARD DUNCAN1100 EAST BLVDAURORA OH

942D2-R5a6

REttENHER to send this enrollment cardand a voided check from your checkingor aoney market account or withdrawa7ticket from your sayings account inthe envelope proviried.

^ I'd 71Re to pay this amount eachmotith:

StWeDSdsNeCteneTnm terM9n5Z0.0othatmebfsnreFCcedr tbe trpAcei^inpsymeRt Axsl9owna, your statementeathmadp.lf t'bs.mounelsless tlnn Me ndnimumpaymeatGUe anrmon !^ ynurndneedtnseManatltl7timwipsrmentfnrtne rt5tterenre tc nwtdMr ute teex/

q I'd â ike to pay my Galance in fulleach month.

q I'd like to pay themtn7mum amount due each month

Stgnatuce Oate

iw^NmdzNa[lnbenkt5oidhnekutayN/ tuldeatenneutpnetlcHettroNt:peymsnt _

= 23;rS s"iftiGanl€

^ -Ime.r,alRevenua rviceDelliORFM o'tna reasu

1 Q40 U.S. ind:vidual incorne Tax Return

Label(SeePnstfucGonson pap i6-)t7se the IRStabeLothenxise,please printortype.

Presidential

1/2007 3:59

2006 IRS Use Only - I

Forthe year rbeginnin . 2006,end .20

A Your first name and initial Last name

e Richard A. DuncanE IEaiDW 2mm,spouse'sfasfnaimandfniti3l LastnemeL

H Home.atldmec (number and street). @ you have a P.O. box, see page 10. ApL no.

E 1100 East BlvdR

ECity, ta+m or post office, state, and ZIP cade. tF you have a foreign address, see page 46.

Aurora OH 44202Electfon Campaign ►

Fiting Status 2

Check onlyone box.

3

6aExemptions b

0

You must en, ,^ your SSN(s) abcve.

Checking a box below wf0 notchange your tax or refund.

Check here iP you, or your spouse if filing jointly, want $3 to go to this fund (see page 16) ._ ► nX You n Spouse

Single 4 Heatl of household (with qu tifyin9 person). e:7^ Hthe quaMy7ng person is a em e er

Mamed fiNn9 jointiy {even if only one had income) this ct>Hd's rmme herc. 10-

Martied tiling separately. Enter spouse's SSN above 5El Qualirying widow(er) with dependent cbftd (see page 17)

and full name trere. 10,

X Yoursetf. !f somaona can c)aim you as a dependent, do not check box 6a

' Spouse

Dependents:

(1 ) Firstname

If more than fourdependents.seepage't9.

82 Taxsbt® interesi. AttaBh S¢hetlUle $ it te0uired .... . . ... ... . . . . . . . . . ... .. . .... .. . . . .. . . . . .. .. . .

l.ast name

(2) DependenPs

sodat secudty numaer

(3) Dcpendertt•s

relationship to

-YW

7 Wages, salaries, 8ps. etc. Attarh Form(s) W-2 . . . . . . . .. . . . . . . . . , . . .. . . . .

Ailsch Fonn(s) b Tax-exempt interest. Do not indude on l"ate 8a ..... _ _ _ __ _ _ _ _ _ _ _ _ _ 8b

.W-2tigm• AISO 9a Drdinary dividends. Attach Stdtedide B if required

{:ttQtOSE, but 60(^tof atiactt, any^-eymeot ALso,

zse usekrm 1040-V.

6 Qw6Twd diridends (sac page 23) . ..:: . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Sb

40 Taxable refunds, credits, or offsets of state and tocal income fexes (see page 24) . ............

19 Alimony received .............. _............................... .....,......... ..............AttachSchedufeCorC-EZ12 Businessincomeor(loss) _„ ........................... ....------

13 Capilal gain or (loss). Attach Schedule D if required. If not required, check here ► ............, .. . . .... .. . . . . . . . . _14 Other gains or (losses). Attach Form 47.97 .. .............

100 1Rfi diafribu6on870a Pensions and annuities 'f6a j b Taxable amount (see page 26)

17 Ren4t real estate, royalties, partnerahips, 5 corporations, trusts, etc. Attach Schedule E ..........18 Farm income or (loss). Attach Schedule F ........19 IJnempfoyment compensation t . _ ...............f ........... _. _ .........20a Social secunty benefits ^ 2oa t i b Taxable amount (see page 27)

23 Archer MSA deduction. Attach Form 8853 .....................

21 Oher income. List type and amouM (see page 29) . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . - -22 Add the amounts in the far right column for lines 7 throu h 29. This is ur tntat fncome ...... .. ,

AcjitgieL 24 Certain business expenses of reservists, perfonning artists, and

GroBS tee-basis government officfals. Ahach Form 2106 or 21 OSEZ

Income 25 Health savings account deduction. Attach Form 8889 .............

29 Sclfemploycd heatth insurance deduction (see page 29)

26 Mpving expenses. Attach Form 390327 One-half of self-empfoyment tax. Attach Schedule SE ......... .28 Setf-employed 6EP, SIMPLE, and qua8fied plans

30 Penalty on eady wRhdmwal of savings

34a tdvnony paid b Recipient's SSN 6

32 lRA deducfion (see page 31) ...................................33 Student loan interest deduction (see page 33) ....................34 Jury -iuly pay you gave to your employer ..... ..... .... ...........35 Domestic production ac(ivi6es deduc3ion. Atrach Form 890336 rldd tinea 23 throagh 31a and 32 througa 35 .. . . . .. . .. . ... ... . ... .... .. . . . . . .37 Subtract line 36 from Eine 22. This is your adjusted ctross income

Privacy Act, and Paperworkz t2educ:ion Act Notice, see'page 80.

I

00.Boxes Checon ba and 6bNo.ofchildrenon Sc who-• tived with

uedidtot8vetafLLtyou due to divorceor sepamtion(see page 2o) _Dependents on6c not en-tered above _Addnumbetson lines ^above ►

c."uy. .^•rm or poet a!kce, cate, and ZIP w0e. If you nava a fnreipn address. see page 16.

Aurora OH 44202Check here if you, or your spouse If filing joi

1 ( sMy*

Married fifina ii.Y (evea'rf onq one had incomel

Ma.ried rGne separamH. Entar spouse's SSN abcve

and full name here.

$3 to go to ihis fund (see page 18)40 LLHead of hoasehald (w.hh q aetsa^)_^See page 17-

'^ -ng __6 iry tg persontsarquathis daBs name hwe. *

5 q Quarify{ng widmw(er) vMn depentlent chiltl (see pqga 17)

Yourself. If someone can claim you as a dependent, do not check box BaBa

XP,iYtptiol{15 b

G

more tttan icurxpe..dentc, EaE

fgo 13,

d7

ftC01119 sa

! you ditl notec a vd_2,

CC DafjP. 22,

^

S use ........._......_..... ..

Uepantlents;(2) Dependerrt's

scciaf seontty numba+

Boxes checla.Won6aand 6b 1

^

^^

on6cwtto'ltlren

.Ks (^ G^^ • (iredvrith

ouchtla>

Y1) Fi*st name Last name

b

Ba

10 Taxaele rerunae, aedtts. or offsets of sfeta and local utcome taxes (see page 23) .. . .. . ..... ........ 10

Totai number of sse.mpUOns claimetl . . . . . _ . .. . . . .. . . . . . . . . ..yy8q65, Sa7nEa, llps, etc. Attacb Fpm(a)'N-Z .......... . . - - . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . .......Taxab3a iniereat. Atfach Sclt6dule B it iequfred . . - .. . . . .. . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . .Tn pt intermi. Do nut indude on Une 82

Ordinary dividends. Attach Scheduie B iP required . .. . . . . . . .. . . .- ^ - - - - . .

b ouanneo orvteem,(acrPase za) . . . . _ . . . = : . .. . . . . . . . _ . . . . .. 1 9p E J 3 8.

14 AGmorry received .......... .......... _ ............... _ .................. _ .....-......

92 Business income or (loss). Attach Schedule C or GFZ , , , , , . ..... . ................ .........13 Capital gain or (wss). r^uach Schedute D 'rf required. If not requifed, chedc bere ta ^............1d pin2[ fla615 or (I035@5), fUWGt Fortn 4797 . ..................... .

18 FBtTtY InCOtne ar (toss). Attach Schedtdc F ...: 111

...17 Rental real espte, roya)t)es, partnetships, S corpora6ons, trusts. etc. Anach Sctredufe E .........

.....................15a iRA dt8fiH3U[fopS ....... -.. 7sa b Taxable ampunt (see page 25) 15b

16a b Taxable amount (see page 25) M166i6a Penslons ano annui6ea

2-1 9t!•®r :noome. (.fst type and amt. (see pag8 29) _ . . . . . . . . . . . . . . .. . . . . . . . - . . . .. . . . . . . .Poa Sacfdi a68tinty penefits .. .. .-. 1 208 1 __j b Ta;cable antouM (see page 27) 20440 Unemployment wmpensEt(on . . . . . . . .... . . . . ........ . ... . . . ....

Add the amounts In the far ripM coNtmn for Bnes 7 throuoh 21. This Is iFur totet income ►^ 22

23 Educator exponaes (®ee page 29) ........... _.........--'--idjilFifBLt ' 24 Coffain bu57ness expenses of reservists, pertorming artisls, and

if8}AGin-nasa 4ovemment otkriafs. Atiad* Fonn 2106 or 2105-FZ _. ,.

26 Haatut savingx accouni dedudion. Atlaah Form 8689 . . . . . . . . . .. ..

24 nAouin9 expenaes. ftttach Forn13903

27 One-ha)f of seif-omp)oyment tax. Attach Scledule SE0 };oN-ms1}^tayae bEP, 51bAPLE, and qualified plans .. ... -... .. ^ .. . -

29 6ep-ertlployed health insurance deduetlon (sae page 30)39 P4nat(y 9n 4$N/ VJQIIdraWai O! SaVR1y5 ... . .. .. .. .. ... . . .. .

39a aiYmony paid b Recipient's SSN ll^

32 tRn.dedupion(seeDagc31) . .........................

54 S'Uent loan ilttSro6t oedutlion (see page 39) . . . . .. .. . .. .. . . . . . ..

99 fuftlon 4n0 rBB6 deduCtlen (9ee oagC 34) . . . ..... . . ... . . . . . . . .LS 6ornonSio prvdvopon adeuptes deductton. Anach Form 8903 ........

96 ndd6noe239xeugh34aand329,ra,reh35 ...... ............. ........... ............. .._.......37 B+rtrac_5ns 36 from Lne 22. This is your adjusted groes inwme -... . . -.-. b

^^^etes:ae. ?19vecy AeC aad Paperwork Reduction Act Rotica, see paga 7&aA

y• didnottirew4hyou due to diaorceorseparu8nn(seepage20)DependeMSom6cnoten-k4red aCOve

Addmumbmon lineaabove

----w

Form ')()^ (ZO05)

a1r

PROBATE COURT OF PORTAGE COUNTY, OHI

GUARDIANSHIP OF

CASE NUMBEd=

LETTERS OF GUARI)IANSHIP(0.R.C-2111.02)

RICHARD DUNCAN is appointed Guardian oan®lncompetent Q Minor.

Guardian's powers are:All powers conferred by the laws of Ohio and rules of this Court over the Ward's:

q Person and Estate ?erson Only q Estate Only.

Limited to:

Those guardianship powers, until. revoked, are for an:®7ndefinite Time PeriodqDefinite Time Period to: (time period).

The above-named Guardian has the pow nferred by law to do and perform allthe duties of Guardian as described. NO EXI? ENDITT7RES; S)R\,OL SE NIA.DEWITHOIJT PRIOR COURT AIIT'HOILIZeS.TI N.

Date: THOMAS J. CAI2NES, JUDGE

NOTICE TO FINANCIAL INSTITUTIONSFunds being held in the name of the within-named Ward shall not be released to

Guardian without a Court Order directing release of a specific fund and amounts thereof.

CERTIFICATE OF APPOINTMENT AND INCUMBENCYThe above document is a.tr,ue.oo^pv of the original kept by me as custodian of the records

of this Cour lt,cor^su^i ^^nd letters of authority of the named fiduciary, who is

[sealj

i(g..irrs

THOMAS J. CARNES, JUDGE

By: ^rn• 1 LY12M1eJ ^Deputy Clerk

Date: ^. :^ c0(o

FORM 15.4 - LETTERS OF GUARDIANSI3II'

n $ARAFt BRCT.SS • ^P3lNCFIEtry^oMO • I-BDO^-^I

Pf3oBATE cduiRT OF Labw. couNTY, o

MATTER OF THF GUARDIANSHIP OF

o

GUARDIAN'S REPORT(R.C.211t.49)

:; tf allotted space is inadequate to respond, write "See Exhibit" insequence, then aYNach exhibit containing information

e space and add appropriate exhibit ietter

This is the (circle one): 't st, 2nd, 3rd, 4th, 5th, 6th, or C=uardian's Report.

Ward's present address: Auka 3 XI{ ^^, Dt state r' +MI)

Zip Telephone ( 31L

Ward's living arrangements at the above address are best described as:

0 a. His or her own apartment or home (includes assisted living facilities).^ b. Private home or apartment of:

_Z_ (1) tt•te ward's guardian.j (2) a relative of the ward. whose name is

and relationship is

,0 (3) a non-relative whose name is0 c A foster, group or boarding home') d. A nursing home.

a A medical facifity or state inst"stution .-1^ f. Other (describe)

3 g. If c, d, e, orf is checked, complete the foliowfng:(1) The name of the home, facility or instituion

(2) The name of an individual a: ine ^c-e. ^c.Ct?iil' ^' ^'S_ :uiEO^. •'•.C has knowledge a:^::t is aiJthoriZBc

I;o give intormation to the Cour; ab_ :7r._

Nane I _

Telephone Number

T he ward will be at the address given in Item 2:^ a- Indefinitely.

b. Temporarilv_ The new address and telephone number is_(1) Unknown. I will provide this information when k, own.

'Ll {2)

city -- State --

Zip Te:ep^.un=

T17.7 C-tiARDi+IH'S v=?_R

dian's contact wdh t`e wara:a. A•preXim?'E numberoffirngs t'2 vLard an had contact with the ward di'ri^ --- ae':^C CG!`E.'20 iSV t^Ps

recl-277. v V. .- sk'^'`^"Fa^elia^?^v^.•aaJP6

:^ ^ . .y F^

^^^.{^^^c_:::r= of those contacts (pi,cne. persona(, or other): ^^^ `

. . _ :^dr

a=e t;ee ward was last seen bv ths ajardian: 4tw( "

:;ave yo,^ obssrvLc any ma;or change in tne r:a-mi's ohysical orm tal condition dtiring the pc^nod covered bi"?hi5-3 Yes ^] No

i'yes" is checked, briefly describe the changes.

Fhe care aiven tc the 'a'a*d is Adeouate ? Not Ade4uate

!t "Not Adequate" is checked, explain.

. i he guardianship should be Gontinued `? Not Continued

!f "Not Continued" is checked. explain.

t?uring the period covered by this repori, the ward has tl has not }IPPn

seen by a physician. If the ward has been seen, the last date was

tc7ed is a statement by a licensed physician, a licensed clinical psychologist, a licensed social workKer, or a mentalirdation team, that has evaiuated or examined the ward within three months prior to the date of this report regarding thed for continuing the guardianship. [R_C. 27 Y T.49(A)(1)(i)] (Form 17.1)

a attorney has been consulted on this report:

:ett

, Siate, Zip Code)

Guardian s Signature

('fype or print t',,uardian's Name

t {c^e 6r1+2Lv'o(Street)

(City, State, Zip Code) 4416Lanone Number Sup. Ct. R No. (Telephone Number - Include Area Code)

(Knowi.rygly giving €a3se information on a Probate document is a criminat offense.)" [R.C.29z7.i3(A)(74)]

Lnirzd staresOWica ei Pezseane! Mauagemew

Reffimaenr L)pcracions CenterPO Sox a5

Boye s, PA IM17-flU?5

f Disabled Dependent Questioanaire

Complete Part Ai 6e1oFS and aslc the physieisn to campieTe PaxY S on Me vther side of t-h776-ru-L

- The diaab3ed depwadm is:

v.ith parenr(s)

with gmdian or other fiduciaryHnone nf the above (expisin below)

Fe,. App^03eSAmAer33Db-03

' b. P3ease providethe disabled depmden c a^d-ress and the name of ibepeesem he or she lives widh.

Lo 0--°-------^----_--'------------ ------------------

---

1I mzniea (ii marcied, skip to item b and retuxn this form co us.t

Ic mex'.°. a courz aopoin-w.-'.. gaards^: or oene fdu^-^;a iandde d-x aYkEFTS a* rheeisebfsd depzndex^

-44MW.#M the ^esial^fa ^itraeis f^e 3ee- of my kao-itd=e snd beheL € hereby andorime3he release of usedi^&MCOM-ARd b#ormatien to tkeI)ITie9€PeMO>^ ^^-- -- tCM^

znauae of di depe,7deni, gii ot orher Pdac:x^ -&zcpta.. a=:znb^

446 ) t^^Z 3

p83e ttave ttte d-asabied dependen€'s pkvsici" Ommmc 35b& back of €su.c form and return the ,omaiie^T:,

¢oI marricd snd Fivcs:

Vg ^^^^ A=^-"°'Sw-p. zf'.h: th'ri am---

.-^'-.^ ^.- i ti°-^. .^if^:= `J.. ^FS*u'. ;^Y•}T ^R--::.^

IXHI^

^:!!-07

\ C.%M . Gt _

r--^

UPu,s ^. ^;anyw-

00-^

Fold down here - Tape at bottom to seal

NAME FnQ 7

DXOF

-^i-11t r,w S. Sbit- ^uf---

ZlaCode

COFIRECT FiESIDENCE ADDRESS (Where you live; your pennanent home address)^EWADOFMSS U)CC

OOUNTY

Bw0 ^i Z07-LOCATED1PCCITY,^ OF (

^(1(^rt^- CI tjWiAiLtNG ADDRESS (If different from Residence Address above)' istr^^goz)

This mailing address is:

ts zip Code

ermanent: Send all mail to this address unt>r further notice.q TenWorary; Send t ii to this address only during these dates:

Start date: g Lomte:

L'Kmnse Plate Number

License Piate Number

Date

OHIO BUREAU OF MOTOR VEHICLESCHANGE OFI4DDRESS

(PLEA.4e 7rPE oa PRIN7c:C02LEfE MIFOWA710Nj

Llddle

C ^ b" Last I\j rNjAgem eus Nu ^S

8MV 6756 8Ks2

STATE OF OHIO - BUREAU OF MOTOR VEHICLES

CERTIFICATE OF REGISTRATION

PLATE NO.: BV88RV REG. DATE: 03/08/2007

VALIDATION NO.: 803BV88RV

OWNER NAME: RICHARD A DUNCAN

OWNER ADDR.: 15090 S STATE AVE

CITY:

STATE

MIDDLEFIELD

OH ZIP: 44062-9383

TAX DISTRICT: MIDDLEFIELD

COUNTY: GEAUGA

rNSIDE CORP LIMIT: YES

VEHICLE YEAR: 1997

BODY TYPE: SW

CERTIFICATE TITLE NO.: 6700668904

VEH. SERIAL NO.: 2FMDA5I U6VBC86483

PURCHASE DATE: 06122(2002

USED

EXP. DATE: 03/08R008 ISSUE DATE: 03/07/2007 APP NO.: 074274AN

ECHECS REQUIRED AGENCY: 6714

VEHICLEOWNERSHIP: SINGLE USERID: LD

OLD APP NO.: 621544AC

OLD PLATE: B V88RV

VEHICLE CLASS: PASSENGER

ODOME'rElt READING: 83,862

MAKE: FORD STATE FEES: $31.00

PLATETYPE: BICENTENNIAL

REG TYPE: RENEWAL LOCAL TAX: $5 00. . .._.._,...... .REFL./CO. FEE: $0.00

SUSPENSION/REVOCATION: NO DEPUTY FEE: $3.50

PRIOR OPERATIONi YES

FEES PA1Di YES TOTAL FEES: $39.50

In Ohio, it is illegal to drive any motorvehicle without instuance or other financial responsibility (FR) coverage.

It is also illegal for any motor vehicle owner to allow anyone etsc to Htive the owner's vehicle without FR coverage.

PROOF OF COVERAGE IS REQUIRED: Whenever a police officer-issues a trafficticket*At all vehicle_inspectiob smps"Upon traffic court appearanccs*Upon randomc[xcks by the Registrarof Motor Vehictes. "- - -

ANY DRIVER OR OWNER WHO FAILS TO SHOW PROOF;OF INSURANCE OR.OTHER'COVERi4GE WII,L:-Lose his or her driver license for 90 days on firstoffense, one year on second offcnse* Lose his or her Iicense plates,andvehicfe regi"stretiod+Pay retnsta(ementtfee3 of$75.00 on first offense, $250.00 for second offense,and $500.00 on any additional offense*Pay a$50.00 penalty forany failure tosurren3erfiiq.or her driver llcense, license plates or registration AND*Be required tomaintain special FR coverage ("High-risk" insurance or:equivalent) on file with the BureauofMomr V-efiioles'for"FI^IREE or FIVE YEARS

ONCE THIS SUSPENSION IS IN EFPECT: Any diiver or ownerwho violates the susperision wdl have=it"s`or hervehicle immbbilized and his or her license plates

confiscated for at least 30 DAYS first offense and 60 DAYS second offense. r.FOr third,or subsequent.offenses,the.wehicle wilHbe forfeited and sold and the person will

not be permitted to register any motor vehicle in Ohidfor FIVE YEARS. _ - „

IF YOU ARE-INVOLVED iN AN ACCIDENT WITHOVf'INSURANCE OB.OTHER'FR COVERAGE'. In additionfo altthe penalties listed above, you may have*ASECURITY SUSPENSION for TWO YEARS or more and*A7UDGEMEN7`SU$PE7JSIONINDEFIt*IITELY (viltiLall damages have been satisfied).

THESE PENALTIPS ARE n4 ADDITION TO ANY FINPS-OR PENALTIES IMPOSHD HY A COURT OF LAW. WARNING: THESE LAWS DO NOT PREVENTTHE POSSIBILITY THAT YOU MAY BE INVOLVED IN AN ACCIDENT V 31'fH A PERSON WHO HASNO INSURANCE OR OTHER FR COVERAGE.

WHEN REQUIRED, PROOF OF COVERAGE MAY BE SHOWNBY ANY.OF THEFOLLOWiNG'*AN INSURANCE POLICY showing aummobile liabilityineurance of at least S12,500 bodily injury per person, $25,000 injury two.or more persons, and $7,500 proper[y damage*AN INSURANCE IDENTIFICATION CARD(same coverage)'A SURETY BOND OF $30,000 issued by any authorized"surety:companyor insuraaee company*A BMV BOND SECURED BY REAL ESTATEhaving equity of at least $60,000*A BMV CERTIFICATE FOR MONEY OR GOVERNMENT BONDS in the amount of $30,000 on deposit with the Ohio Treasurer ofState'A BMV CERTIFICATE OF SELF-[NSURANCE, available only to compnnies or persons who own at least twenty-six motor vehicles.

PROOF OF FINANCIAL RESPONSIBILITYI affirm that all owners (or lessees of leased vehicle) now have insurance or other FR coverage and will notoperate or permit the operation of this motor vehicle without FR coverage; all previous registration fees due havebeen paid; this plate category is correct; and this vehicle will not be used as a commercial or farm vehicle unlessso registered.

Dy signing bclow I agrce to and attest that all the abuve is true and accurate,

x SIGNATURE ON FILESIGNATURr.OF OY/hcR(5) DATE

WARNING: APPLICANT GIVING FALSE INFORMATION IS SUBJECT TO PROSECUTION-O.R.C. SEC. 2921.13.^,PPLiCATION iy3'tIST BE SIGNED BY THE OWNER(S) AS NAMED ON CERTIFICATE OF TITLE.

DO NOT DISCARD.THIS IS YOUR VEHICLE REGISTRATION CERTIFICATE.

0

3t,«: s7pl 08'0_. ^...i Gg r^rr. CUSTOMER COPY

otw-vI^oma Na3-G Prescri6ed by Secrclary of Slate (06-06)

Dayton Legal alank, Inc., YOrna na.

NOMINATING PETITION AND STATEMENT OF CANDIDACYFOR NONPARTISAN OFFICE

For Use in Certain Municipalities With a Population of 2,000 or More

To be filed with the Board of Elections not later than 4 p.m. of the 75th day before the general election.Revised Code 3501.38, 3513.261, 3513.263

NOTE - THE CANDIDATE MUST FILL IN, SIGN AND DATE THIS STATEMENT OF CANDIDACY

STATEMENT OF CANDIDAC^ECEIPj NUMBE ^^^ t ^67

1, i3ICH3P,D A. DUIVCAN v/ , the undersigned, hereby d are nalty of

0

election jalsf fication that my voting residence address is1100 rast Blvd.

l Route Number'Rf uraany, orand Number, t(Street

Aurora , Ohio 44202 ; and I am a qualifred elector-

(City or Village) (Zip Code)

1 fitrther declare that I desire to be a candidatefor election to the ofice of COUNCI L-^T L tRG

in the Municipality ofAURORA, OHIO

for the Effidl term; or Q unexpired term ending, in r^ttr`'u° County, Ohio

(Fill in the appropriate date)

at the general election to be held on the6TH day of NGVEtIDkM 2007

I hereby declare that, if elected to this office or position, I will qualify therefor.

Dcned this23rd day of JANUARY 2007

(Signature of Candidate)

(Nanie of Candidate)

WHOEVER COMMITS ELECTION FALSIFICATIONIS GUILTY OF A FELONY OF THE FIFTH DEGREE.

herehv de.signate the persons named below as a committee to represettt me:(Name of Candidate)

NAME

O-+ ^NOMINATING PETITION o

1Fe, the undersigned, qualified electors of the State of Ohio, whose voting residence is in t e county, city, village, or

torvnship set opposite our nanies, hereby nominate i3ICH.9RD A. llUNCAN as a candidate for election to

the office of COUNCIL - AT - LARG-E in the mctnicipality of AURORA, 0HI0

jar the Cl-full tertn; or Q trne.ypired term ending , to be votedfor at the next general election, and(Fill in the appropriate date)

c•ertij}l said person is, in our opinion, well qualtfaed to perforn2 the duties of the office or position to which the person

BEFORE PETITIONS ARE CIRCULAT^t',_9ONE NUMBER -330-23" r

RESIDENCE

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BOARD OF ELECTIONS

PORTAGE COUNTY, b7-II6

In the Matter of:

RICHARD DUNCAN,

And

PORTAGE COUNTY

BOARD OF ELECTIONS.

Hearing before the Board of Elections

at the offices of the Portage County Board of

Elections, 449 South Meridian Street, Ravenna,

Ohio, taken by Julieanne Ross, RPR, and Notary

Public in and for the State of Ohio, on Tuesday,

September 11th, 2007, at 9:00 o'clock a.m.

R

SEP ^ 5 ^^Ui

CLERK OF COURTI SUPREME COURT OF OHIO

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have filea =or various different wards as well as

councilmen-at-large. I had received a strange

call from someone saying is Mr. Duncan the son of

Margaret Duncan who was the former mayor here a

few years back.

I became very interested in that

because I didn't think that was true. So I

started to review the application and the

petition of Mr. Duncan at the Board of Elections

as well as going into his place of residence,

which he shows as 1100 East Boulevard, Aurora,

Ohio, 44202.

I became interested at that point

trying to find out what is really the location of

the residence of Mr. Duncan. I went to the

Portage County website and reviewed with interest

the ownership of 1100 East Boulevard, Aurora,

Ohio, 44202. It started to -- in my review it

was somewhat questionable when I see someone --

and I know how we all love to pay taxes on our

property -- but I see a petition here that the

2.5 percent reduction for residential occupancy

was not being used, so I had a problem there.

Then I went to Geauga County and tried

to find out, it says owner information on the

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the owner information that there's no such

address as that.- Then it says mail information,

Duncan Richland. Now, that may be a

typographical error, but it is not proper. Now

it is 15090 State Street, a two-family dwelling,

and has Mr. Duncan the trustee, one of the

trustees onthat, pro_perty. However, if you look

down at assessment information, 2.5 percent

reduction, he has not exercised his right to do

that.

Now, here's the problem I ran into,

again, 14827 North State Avenue does not exist as

far as the Geauga County property information. I

talked to two different people on that and they

said that there's certainly property that Mr.

Duncan owns throughout Portage County as well as

Geauga County. He does own a bar in Middlefield

and that's part of the 150 I believe, okay, 15570

West High Street, Middlefield, Ohio.

Then I had a problem, I called the

number I received from the Board of Elections,

which was 330-995-5371 and I received, no, you're

not dialing the right number. And then I called

it four times, had the same woman answering the

phone and she said you're not getting the right

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number, this number is so and so. And so I

called Windstream, formerly Alltel, and they

found out they had a problem with the line. So

the telephone number 5371 seems to be okay I

guess. So all I'm saying is I'm going through

this process and having a problem.

Last but not least, there is no record

of Mr. Duncan paying income tax, Aurora city

income tax for the City of Aurora. As I

understand it he registered here in 2005 as a

citizen. His address that he used when he ran as

a write-in candidate in 2004 presidential

election was somewhat in question. However,

since 2005 I would believe he'd have to file once

and probably twice based on his city income tax

for the City of Aurora. And I could find nothing

that recognized him as a citizen who is residing.

All the people I talked with, and I

found I'm talking with more than one, the fact is

they don't know him. He does stop by, he's not

regular at his 1100 East Boulevard. Of course,

the people I've talked to do not live next-door

to him, so they don't really know that.

All I'm saying is, one, I have some

question regarding the address he's using, two,

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and that's addressed 1100 East Boulevard. The

second one is a home equity loan from Third

Federal that's addressed 1100 East Boulevard.

Exhibit C is the deed when I bought the property

in 1998, it obviously gives a legal description

of the property which is 1100 East Boulevard.

Exhibit D through the next four or five

are utility bills and from the City of Aurora,

the water department. Exhibit E is from the gas

company. Exhibit F is from Ohio Edison. G is

also from Ohio Edison. H is from Verizon

Wireless, 1100 East Boulevard. I is the phone

company, AT&T. J is from Windstream, 1100 East

Boulevard. K -- okay, now those are utilities.

Now I get to my credit cards, you'll

see the statement address on there, 1100 East

Boulevard.

MR. STEPHENS: What was your number on

that you've been going through?

MR. DUNCAN: K.

MR. STEPHENS: That's K, okay.

MR. DUNCAN: L is from my CitiBank

credit card which is addressed 1100 East

Boulevard. I highlighted them all in yellow.

Now, the next one, Exhibit M, is from

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the probate court. Now, this is confidential

information. Is this like going into the paper

or how do you want to handle this? Judge Carnes

I think --

MR. SANDVOSS: You have two reporters

in the room, it wouldn't be confidential if you

talk about it.

MR. STEPHENS: It's a matter of public

record. If it goes in, it goes in.

MR. ZAVINSKI: I don't know, if you

blacked out like your Social Security number or

account number, that type of thing, okay. I

mean, that's what you should do.

MR. DUNCAN: The name -- but the case

number is on here, do you want me to black it

out? It technically shows that I'm the legal

guardian of a residence at 1100 East Boulevard.

STATUTORY COUNSEL SMITH: Mr. Duncan,

it's really your discretion whether you want that

particular exhibit as part of the record. it

will be part of the official record and will,

therefore, be a public record. So if you don't

want that to be submitted and hear testimony as

you're the legal guardian for someone there, then

that is in the court reporter's transcript. But

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I'll leave that to your discretion if you want

that as part of your exhibits.

MR. DUNCAN: All right, let me reserve

those Exhibits M and N to decide that. What

papers are you here from?

MR. MAZZARO: Whoa, whoa, whoa, I have a

problem with that, Ms. Davis, as far as asking

questions of the people in the audience, I have a

problem.

STATUTORY COUNSEL SMITH: He wasn't

having any substantive questions, just where the

papers are from.

Mr. Duncan, again, if you could direct

your questions to the Board I'd appreciate it.

But, again, it's totally within your discretion

of whether or not you want those particular

probate items to be part of the record. And,

again, I have to tell you they will be public

record and available, whether it's through the

print media or just other individuals who come in

and look at the Board's records. So I'll leave

that up to you.

MR_ DUNCAN: Okay, Exhibit 0 is an

:ncome tax form, 2006, 1100 East Boulevard is

listed as the home address. Exhibit P is a 2005

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blacken them out and we make a copy of it, it

will be fine. Once you make a copy of whatever

you've blacked out it doesn't show on the copy.

So that would probably be a better exhibit than

something torn from the page.

MR. DUNCAN: Okay, I'd like to

officially submit this into the record, ma'am.

STATUTORY COUNSEL SMITH: If I may,

Madame Chairman, Mrs. Enlow has agreed to make a

copy of that, then we'll give the original back

to Mr. Duncan. Therefore, he knows he has the

original back in his hands and a copy can be a

part of the official record.

CHAIRMAN DAVIS: Thank you.

MR. DUNCAN: And just there is a lot

of -- I am a real estate agent and I've invested

in properties over the years, so I do have a lot

of addresses. But this is my residence, it's

been that since 2000. I've not seen anything

from Mr. Mazzaro which would be substantial. The

phone number he's even got is wrong,

330-995-5377. Thank you. Rebuttal time.

MR. STEPHENS: I have a question. You

have submitted, sir, I think a series of exhibits

which are now being copied and your originals

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will be returned. We also have this affidavit.

Is that part of your submission, and if it is,

which exhibit is that, because I don't have it in

my notes.

MR. DUNCAN: I guess label it what you

want.

DEPUTY DIRECTOR ENDERS: It hasn't

gotten over here yet.

MR. STEPHENS: Okay, let's mark it.

STATUTORY COUNSEL SMITH: And I would

tell you to distinguish that as the Candidate's

Exhibit.

MR. STEPHENS: The packet is one and

the

STATUTORY COUNSEL SMITH: I just want

to distinguish between the Protestor's submission

of exhibits and the Candidate's submission.

MR. MAZZARO: Two items if I may.

First, Mr. Duncan referenced being at the 1100

East Boulevard since 1998. In Geauga County's

records it shows him when he enlisted himself as

a write-in candidate for the president of the

United States he used the address of 15090 South

State Avenue as his residence. So I don't know

how he could be in two places at one time.

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Second issue I have here, there is no

income tax statement, city income tax statement

for the City of Aurora that has been presented to

you by Mr. Duncan. That in itself is a failure

of a resident to file city income tax in the city

of residence.

STATUTORY COUNSEL SMITH: If we could

for a second have the Board examine these

exhibits and make some copies, then if they want

as a result of that examination to ask any

questions of either of you, let's go from there.

MR. SANDVOSS: Mr. Duncan, while we're

waiting, do you have your driver's license on

you?

MR. DUNCAN: Yes.

MR. SANDVOSS: Can we see that?

MR. DUNCAN: Yes.

MR. SANDVOSS: Can we have a copy of

this, too, or does it have your Social Security

on it?

STATUTORY COUNSEL SMITH: They are not

supposed to anymore.

MR. SANDVOSS: This driver's license is

just for the record 15090 South State Avenue,

Middlefield, Ohio.

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state what that is.

MR. DUNCAN: Exhibit Q is an

explanation why 15090 South State Avenue is on my

driver's license. I still receive mail there, as

the affidavit says I used to live there. And

it's my parents' address and I kept my mailbox up

there at all times. It's still there today.

When I would go to renew my driver's

license they ask if the address is the same. I

went there yesterday to the license bureau to

find out and I said did I need to swear under

oath that I had to state my residence and she

said, no, just your address. I kept my address

there because it was my mailing address still

partially.

So what I'm submitting is I went ahead

and changed it yesterday, sent it into the Bureau

of Motor Vehicles, because there seems to be a

problem on confusing issues, so I changed it to

that. But I still have a mailbox at my parents'

and I do get some mail there, because I'm out

there off and on because they are in their late

80s and I'm their caretaker.

Now, do you have some other questions?

STATUTORY COUNSEL SMITH: Again,

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continue your testimony whatever you'd like to

submit to the Board.

MR. DUNCAN: I got a question about Mr.

Mazzaro's statements about when I ran for -- do I

address him or --

MR. ZAVINSKI: No, you address the

Board.

MR. DUNCAN: He said when I ran for

write-in candidate for president I put on there

15090. Does he have any proof of that, because

in all the papers and all the documents of that

it did say 1100 East Boulevard. Where is the

proof that it said 15090?

MR. MAZZARO: Members of the Board, the

proof is in the Geauga County Board of Elections,

they are the ones who stated what he signed as

his residence at the time he ran in 2004 for

president of the United States as a write-in

candidate.

CHAIRMAN DAVIS: Do we have a copy of

that?

MR. MAZZARO: No, I don't.

Understanding, Mrs. Davis, that this all happened

here in a very short period of time. In fact, I

called, I had to fax something because they had a

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special meeting to protest the qualifications.

Things don't happen -- I thought I had two weeks

but I only had two days. I called them and I

called the Geauga County Board of Elections who

will verify exactly what I have. And I'm under

oath so I have no reason to lie.

STATUTORY COUNSEL SMITH: Again, the

documents you're referring to, Mr. Mazzaro, are

from 2005 with the candidate for president?

MR. MAZZARO: 2004.

STATUTORY COUNSEL SMITH: 2004, okay.

MR. DUNCAN: He said Geauga County

Board Qf Elections. When I ran that I filed in

Portage County. What Geauga County has on that

is irrelevant, the documents had to be filed

here.

DEPUTY DIRECTOR ENDERS: You filed here

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in 2005?

MR. DUNCAN: 2004 as a write-in

candidate for president.

STATUTORY COUNSEL SMITH: Well, I'm

sure --

MR. DUNCAN: That's when the presidency

was, right?

STATUTORY COUNSEL SMITH: Well, the

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Board wiil take co-:sideration the testimony

of each of you. -s .^ere anything else you would

like to submit%

MR. Di7NCAN: Yes. Mr. Mazzaro places

great emphasis on not paying city income tax.

Does he have any proof that I made any income in

the City of Aurora to justify or verify that? I

mean, if you don't make money in Aurora do you

have to pay?

MR. ZAVINSKI: Uh-huh.

MR. DUNCAN: All right. Does he have

any proof of any documents that I did not pay

that?

MR. ZAVINSKI: My question to you would

be, I would ask you did you file R.I.T.A.

through Aurora, which is the home residence,

Regional Income Tax Authority, did you file an

income tax return claiming Aurora as your place

of residence through R.I:T.A.?

MR. DUNCAN: I'm not sure, my

accountant would know that.

MR. ZAVINSKI: You don't recall whether

you filed a local income tax return in Portage

County?

MR. DUNCAN: Well, I think it should be

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brought up to the R.I.T.A., that agency. We're

not here for an income tax hearing.

MR. ZAVINSKI: Well, it's just part of

evidence that we're trying to secure to establish

in our mind where your property residence is as

per the protest.

MR. DUNCAN: I don't know. I didn't

bring that, I brought the federal forms.

MR. STEPHENS: May I ask this question?

MR. DUNCAN: Sure.

MR. STEPHENS: You indicated that for

convenience purposes in February you listed with

the Bureau of Motor Vehicles on your driver's

license application renewal form the Aurora

address and you did that for convenience

purposes. Why was it less convenient to use the

Aurora address since you had used that on all of

the documents that you have submitted to us

relative to bank accounts or to charge accounts?

Why did you distinguish on your driver's license

the Geauga County address, but on the bills you

submitted you used the Aurora address?

MR. DUNCAN: It was just something I

had on there for years and never got around to

changing it.

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MR. STEPHENS: Let me ask you this then

to follow-up on that. Each year you would -- I

think it's yearly -- have to renew your license

plates on your motor vehicles.

MR. DUNCAN: Yes.

MR. STEPHENS: All right. And you own

motor vehicles?

MR. DUNCAN: Yes.

MR. STEPHENS: And they are titled in

your name; correct? You own them and you also

have them titled in your name? What address do

you use on the registration for licensing

purposes of those motor vehicles?

MR. DUNCAN: I'm not sure, probably a

mixture.

MR. STEPHENS: Well, my understanding

is 67 is a county designation for Portage County

on your license plates, okay. At least for mine

it is since I'm registered in this county.

What's the county designation for your license

plate?

MR. DUNCAN: I don't know.

MR. STEPHENS: You have no clue?

MR..SANDVOSS: Is your car out here?

MR. DUNCAN: Yes.

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MR. ZAVINSKI: I have one question for

you, Mr. Duncan. How did you get here this

morning? Obviously by car, but what route did

you drive from when you left your home?

MR. DUNCAN: 88.

MR. ZAVINSKI: At what point did you

leave from, which address?

MR. DUNCAN: I stayed at my mother's

last night.

MR. ZAVINSKI: So you drove here to this

meeting from Geauga County?

MR. DUNCAN: Yes.

MR. ZAVINSKI: From Middlefield?

MR. DUNCAN: Yes.

MR. ZAVINSKI: Thank you.

CHAIRMAN DAVIS: Do you stay there

often?

MR. DUNCAN: Off and on.

CHAIRMAN DAVIS:- Any other questions

from the Board?

MR. SANDVOSS: Are you married, Mr.

Duncan?

MR. DUNCAN: Am I married?

MR. SANDVOSS: Yes.

MR. DUNCAN: I don't know if that's

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relevant, is it?

MR. SANDVOSS: I'd like to know where

you stayed the last 30 days. Where did you stay

30 days ago, where did you go after work?

MR. DUNCAN: 30 days ago?

MR. SANDVOSS: Yeah, 30 days ago.

MR. DUNCAN: Exactly 30 days ago?

MR. SANDVOSS: Well, exact, it could

have been a week or two. Where do you hang out

after work?

MR. DUNCAN: East Boulevard with my

daughter.

MR. SANDVOSS: And you said you slept

there continuously?

MR. DUNCAN: Yes. Not every night, I

stay in Middlefield off and on with my parents.

MR. SANDVOSS: When you went in

yesterday to change your -- can I see that

exhibit? This apparently.means if I see on the

bottom you say this mailing address is permanent.

You changed your permanent address from 15090

South State Avenue, Middlefield, Ohio, to 1100

East Boulevard, Aurora, Ohio, with the Bureau of

Motor Vehicles just yesterday. Is that correct?

MR. DUNCAN: Yes.

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MR. SANDVOSS: Which seems to me that

prior to yesterday your permanent address was

South State Avenue, Middlefield.

MR. DUNCAN: No. See, there are just a

few things that are carryovers from when I lived

there ten years ago. Just because there is a few

little evidence items doesn't mean I don't live

at 1100 East Boulevard, I've been there seven

years, or unless that's what you want to do is

exclude me, because you don't want me running for

the election.

MR. SANDVOSS: Mr. Duncan, everybody

knows that I'm the one that bends over backwards

to put people on the ballot.

MR. DUNCAN: I mean, I think I got

overwhelming evidence here that shows that I live

at 1100 East Boulevard. Maybe I stay somewhere

else from time to time. I don't think there is a

requirement that you have to sleep seven days in

your bed at that location to run for candidacy.

MR. STEPHENS: Mr. Duncan, let's go

back to this registration of the motor vehicles

if you will. You acknowledge that the vehicle

you drove here today is registered in Geauga

County as your place of residence. Now, you have

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Aurora income tax returns?

MR. ZAVINSKI: Not specifically, we

just said tax returns, income tax returns, which

he doesn't know whether he filed or not he

stated.

With respect to your automobile

insurance, Mr. Duncan, where do you list on there

as your vehicles being permanently garaged?

MR. DUNCAN: 1100 East Boulevard.

MR. ZAVINSKI: All of your vehicles?

MR. DUNCAN: Probably, sir.

MR. ZAVINSKI: You don't know?

MR. DUNCAN: Yes, I know.

MR. ZAVINSKI: All right, all of your

vehicles?

MR. DUNCAN: Yes.

MR. STEPHENS: Do you have an insurance

card on you for your vehicle?

MR. DUNCAN: Maybe.

MR. STEPHENS: May I see it?

MR. DUNCAN: No, I do not.

MR. STEPHENS: Do you keep that in your

glovebox if you don't carry it on your person?

MR. DUNCAN: Yes.

MR. STEPHENS: Do you mind going to

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MR. DUNCAN: Well, that's a little

surprising, because my view of politics is for

helping the people of the country.

CHAIRMAN DAVIS: But our view is where

do you live?

MR. DUNCAN: I live at 1100 East

Boulevard as the documents were submitted. There

may be a couple that are carryovers from my prior

address, but that's -- I don't think it's

going -- it's illegal, illegitimizes(sic) me.

MR. ZAVINSKI: Per your affidavit it's

your statement under oath there and here that

you've lived at 1100 East Boulevard for the past

seven years?

MR. DUNCAN: Yes.

MR. ZAVINSKI: Is that correct?

MR. DUNCAN: Definitely. My daughters

are going to Kent State University. I moved

there to provide a residence for us so she could

commute. And my other daughter moved in with me

also and she finished up her senior year. She's

still there with me.

CHAIRMAN DAVIS: So there are three of

them there?

MR. DUNCAN: No, the one got married

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recently and moved out.

STATUTORY COUNSEL SMITH: Does the

Board have any other questions for Mr. Duncan or

Mr. Mazzaro?

MR. ZAVINSKI: I have none.

MR. STEPHENS: I have none.

MR. SANDVOSS: No.

STATUTORY COUNSEL SMITH: Mr. Mazzaro,

would you like to make a closing statement of two

or three minutes tops, please?

MR. MAZZARO: A brief statement.

Members of the Board, I thank you for your time

and effort. As you know, I'm very active in

government. I have been here in Aurora for 15

years, in Euclid for 37 and they all love me with

a passion. However, I continue to believe in

good government.

And I'm not here to personally attack

Mr. Duncan. I think the process is there, the

residential requirements are there and they need

to be met. And I don't think in this case they

are being met.

It's clear if we had more time we could

probably get certified documents from Geauga

County showing the residence when he moved. He

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