Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 1 of 34

UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATIONAND CONSERVATION SERVICE COSHOCTON COUNTY ASC CONMITTEE ?24 S SEVENTHSTREET COSHOCTON OH 43812

March 29. IggO

Mr. Bruce MaleK Attorney at Law ~ Pub!ic SQuare Mr. Vernon OH 43050 Bear Mr. MaleK. The County Commzttee has reviewed ±he !0 year Conservation Reserve Program bi~ of ,_f,rey Cottrell and have determined the £011owing action ~= required ~h_ lan~ with ,he lease expiring year li~e span o~ a Conservation assume the land would not qua!i~y 1996 does not c!early Reserve agreement, "For the program. coveF "the I0 Thus we mus"t

Regarding the !ease containing 200 acres more or less expiring 200?. The Committee reviewed Handbook I-CRP Par, 122 C 5 a (enclosed) and is requesting additional signatures of individua!s identified in the estate as possible heirs. There is a !5 day requirement for ob±aining signatures. I# no signatures are submitted the b~d cannot be accepted, If you feel we have not properly considered the facts in this de.termination, you may request reconsideration by the Committee wi.thin 15 days of the date on this not'ification. The basis of the determination was originally Given by the Regional A.ttorney in Co!umbus, Ohio. Washington also expressed the same open,on. Apparently "thie situation is not addressed c!early ~n the HandbooK, It is Count~ Committee belief review is necessary beyond the County level, Sincerely

Loran F. Stutz County Executive

Director

Case 1:05-cv-00990-EJD
" "~ "'

Document 10-3

Filed 12/29/2005

Page 2 of 34
.....

, ~" UNITED STATES DEPARTMENT OF ~AGRICULTURE Agrlcul±ural S±abiliza±ion and Conserva±ion Service 724 SouTh ?±h S±ree±, Coshoc±on, Oh 43812 Phone: 614-622-8087 or 622-8088

May 2,

1990

McDeviT±, Mayhew, ATtorneys at Law 1 Public Square Mr. Vernon, Ohio 0ear Thank ll:lS Curt R.

& Malek,

L.P.A.

43050 ATTorney at Law, April 25, 1990,

ZimansKy,

you ~or attending the A.M., at The CoshocTon

reconsideration hearing County ASCS 0#~ice.

The in#ormation decision. Your denied.

submitted has not altered request #or ConservaTion

The committee's previous Reserve acceptance has been

The CoshocTon County and State STa##, and additional signatures

Committee it is The by Ineirs

has been instructed by the Washington opinion o{ our Regional Attorney, That are needed on The CRP-I contract.

I# you #eel that we have not properl~ considered The #acts in The case, you may appeal this decision to the STate committee within 15 days o# the date o# this letter. The address is: Ohio State ASCS O##ice, Room 540 Federal Building, 20Q Nor±h High Street, CQlumbus, Ohio 43215. I{ you appeal This decision to The State committee, you should {urnish {actual information and sTa±e why you believe The county committee's determination is wrong. Sincerely yours,

Loran F. STuTz County Executive cc: Mr. Mr.

Director

Jef~ Cottrell Vernon Rapp, DD

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 3 of 34

~

United ,States Department of Agriculture

Agricultural Stabilizationand Conservation Service Ohio State ASCS~e~__~.~e~ Room 540 Federal 200 North High Street Columbus. Ohio 43215 ~

July

19,

1990

Hr. 6rady L. Pettigrew, Arter & Hadden One Columbus lO West Broad Street Columbus, Ohio 43215

The Ohio State Reserve Program by you and Mr. and presentin~

ASCS Committee CSTC) considered the Conservation (ORP) appeal o~ Mr. Je..~ Oottrelt as presented Co±trail. The £TC thanks you both {or appearing ±his case.

Tn September o~ 1989, Producer/Operator Ee{{rey Cottrell and and Owner Lucille S±uller signed a Conservat±on Reserve Program contract to place 450 acres o{ cropland at a rental rate o{ $ 6S.00 per acre into the CRP. Mr. Cot±re[1 contends he holds control o{ the acreage in question by virtue o{ two long-±arm &eases executed with Luci&le Stuller, and was designated as a 100 percent share recipient under the terms o~ said contract. On September 5, 1989, owner Luoi&le Stuller passed away. The Coshoc±on County Oomm±ttee (COC) requested Mr. Cottrel& secure the signatures o{ other potential heirs o{ the Stuller estate on the CRP contract. Mr. Cottrell contends these signatures are not needed. He maintains he has control o{ part o{ the o{{ered acrease based upon a 20 year lease, and control o{ the remainder, based upon a i0 year lease, which can be extended by the executrix o{ the estate {or the necessary I0 year CRP period without Probate Court approval. CRP requirements as contained in 1-CRP (Rev. 1), Par. 77 require a ORP participant to have control of o#fered acres #or the 10 year li#espan oT the contract. The Ohio State ASC CommitTee has reviewed The leases submitted Dy Mr. Cottrell. This review has revealed that Mr. Cottre!! does appear to have a 10 year leasehold interest throush 12-31-1996 on 338 acres, Perry Township, Ooshocton County. However, the location o{ tracts and {ields are not iden±i{ied in this lease. Mr. Oct%tell also has a lease {or 200+ acres o{ land located in Perry Township, Coshocton County, {or a period o{ 20 years ~tom 1987 throush 2007. These 200+ acres are ~Iso not identified as ±o Tract and ~ield location.

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 4 of 34

Mr.

PetTigrew

Page

2

The the

STC reviewed a handwritten statement, appearLng on The beck CRP-I, signed and dated March 15, 1990 by Jeg{ Cot±re11. "I am voluntarily withdrawing because I cannot sign into the 0/92 Program and continue on with my application with the 10 year CRP, according to Mr. Stutz. Due to the time o{ year and appeal process, I am {orced into signing into the 0/92 {or The 1990 crop year."

o~

Based upon all the {oregoing, the STC voted County Committee (COC) and deny the appeal¯ I{ you matter, to: {eel you your interests have not may appeal within {igteen

to support

the

Coshocton

been properiy days o~ The

considered in this date og this letter

Deputy Administrator, State and County Operations Agricultural Stabilization and Conservation Service United States Department o{ Agriculture P. O. Box 2415 Washington, D. O0 20013 I{ you appeal this decision to the should {urnish {actual information the State determination is wrong. Deputy Administrator, you and reasons why you believe

Dorothy L. Leslie State Executive Director

~

Case 1:05-cv-00990-EJD
United States Department of Agriculturo

Agricultural Stabilization and Conservation Service

Document 10-3

Filed 12/29/2005

Page 5 of 34

To:

CoshocTon

County

ASC Committee

Date:

March

1S,

1991

From: Ohio Subject: Eel{ray

STate STate D,

Executive Director ASCS O~fice ~x~.~.~L~ CRP Appeal

In ReDlyRefer to:

CRP

CoTTre11

ATtached is The recen±ly received DASCO deTermina±ion wi±h regard To The subject appeal. As stated, This concludes The administrative appeal, process. Please file This in The 3roducer's file.

cc:

Vernon Gerald

Rapp, District Director Hus±ed, Assis±an~ Regional

-ATTorney

29
ASCS-204

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 6 of 34

Agricultural United8rates P.O, Box2415 Department of Stabilization end Washington, Agriculture Conservation 8ervtoe ~r. W~l~am A. Adams Ar'cer & Had~en ~, ~0 43215

30

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 7 of 34

Sincerely,

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 8 of 34

UNITED STATES DISTRICT COURT .SOUTEER/q DiS~R~CT OFO~IO ~" i3 E~S~iR/~ DIVISION

-!..2 ~--~EFFREY D. COTTRELL~ ,Plaintiff,
Vo

:

.. - .:.: 05;;0
Case No. C-2-90-0609

cLAYToN K. YEUTTER., SECRETARY OF UNITED STATES DEPARTMENT OF AGRICULTURE, at al., Defendants.

OPINION

AI~D

ORDER

This motion of the Fed. This enroll federal ("CRP")o the certain program The

matter

comes

before

the

Court

to

consider partial

the summary

Plaintiff, R. case civ.

Jeffrey P. 56. from over the

Cottrell,

for

judgment.

arises

the

desire he

of

the two

Plaintiff leases Program who in a

to

farmlands known of as

which

holds

Conservation was

Reserve Lucille she

owner

the

farmland As 17,

Stuller, into

was

Plaintiff's o~e years some was

grandmother. December January acres

lessor, 1986,

entered was

two a term and A"). i, also

leases, of ten

dated from 338

which

to last 31,

for

I, 1987 in 17,

until

December County extend

1996,

covered The 1987 in

located

Coshocton 1986, in to

("Lease

other

dated 31,

December 2007, ("Lease

from

January acres,

to December

covering B"). On

excess 17,

of 200 1989,

Coshocton and

county the the

July

Mrs.

Stuller the to land

as lessor in the CRP

Plaintiff ten-year

as lessee period

applied January

to enroll i~ 1990,

for

from

32

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 9 of 34

December

31,

1999. that period,

To

be

eligible, had

howeverr

the

applicants over the under

had land the for

to demonstrate the ten-year

they the

unfettered time

control

enrollment

prescribed

regulations. On September her estate in the hands the 4, o~ 1989, the Mrs. Stuller court. died, thus placing to'Mrs.

p~obate was

S~bsequent

Stuller's County ("ASCS") Lease years

death,

Plaintiff

notified

by the

Coshocton Service

Agriculture that his

Stabilization application by its for terms

and the on

Conservation CRP was in 31,

jeopardy 1996, by the

because four

A would short

expire

December

of the ASCS

1999

expiration the

date

required that, by

CRP. of of the

The Mrs. lease to Stuller's for an the

advised he

Plaintiff have to

the

terms

will, entire

would

receive to be been on

an extension signed by four

ten-year in the of

period, had

heirs

whom

~nterest

land

conveyed. June 12,

Cottrell 1990, Nancy from the the which

obtained was signed

an extension by who the is

the of

agreement Mrs~

exe~tor also the

Stuller's mother.

estate, Absent of

Cottrell, extension heirs.

Plaintiff's were the

agreement, 2,

however,

signatures was to informed obtain

other his

On May

1990, I the been denied

Plaintiff for failure

that these

application signatures.

had

The 15, 1990. On

Plaintiff March 27,

filed 1991,

this this

four-count Court

action the

on

August

granted

Defendants'

It appears from the Plaintiff's motion and attached exhibits that his application for enrollment in the CRP was denied before he obtained the now-disputed extension of Lease A. -2-

33

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 10 of 34

motion stated the

to

dismiss for

Counts invasion the the

III

and

IV

of

the and

Complaint, defamation, sought well

which and denied

claims

of privacy two counts, in the

motion

as to

first

which CRP, as

injunctive as damages was In the One for

relief wrongful

instating

Plaintiff of

disclosure in the

confidential

information for

which the CRP.

¯ cbntained present of him the

Plaintiff's Plaintiff¯ which

application seeks

motion, Complaint CRP.

the in

summary

judgment

on Count

he requests

injunctive

relief

instating

in the

In considering mindful that summary Rule

the

Plaintiff's is the

motion, only

the in

Court limited

is

~udgment 56(c) of

appropriate Federal part:

circumstances. Procedure

Rules

of

Civil

provides,

in pertinent

The judqment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogat6ries, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The moving party issue U.S. bears as to the any 157 burden material (1970). of establishing fact. The Adickes States the v. absence S. H. Supreme of

a genuine & Co., has the 398

Kress Court

144,

United

held,

however, for

that

the

standard verdict

of summar]r under trial Federal judge can

judgment Rule of

"mirrors "Civil

standard

a directed which the is

Procedure verdict

50(a), if, under

that

the

must be

direct one Liberty for

governing as 242, turns to the

law,

there

but v.

reasonable Lobbvf Inc.,

conclusion 477 U.S.

verdict."

Anderson is true

250

(1986). on a

This legal

where, and the

instance,

the

dispute

only

question

34

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 11 of 34

moving were party. 10A

party

must

prevail factual Franzen Miller at 79

as

a matter disputes

of in

law favor

even of

if the (Tth

the

Court

to resolve See Ross

all v. A.

non-moving Cir. and 19B5)

, 777 & M. ed.

F.2d

1216, Federal

IZZ2

C. Wright,

Kane, 1983). motion Court

Practice

Procedur~

§ 225,

(2d

A summary treatment presented burden" of the

judgment The

also "must

requires view the

special evidence

record. the

through and

prism

of

the

substantive jurors

evidentiary could is also in the find by a

determine of the

"whether evidence 477 317 U.S.

reasonable that the

preponderance verdict." v. Catrett,

plaintiff see

entitled Celotex

to a Corp.

Anderson, 477 U.S.

at 252,

254;

(1986). may all not of

Nonetheless, impinge "[t]he upon

making proper

this function non-movant

determination of the jury. be

the

Court

Therefore, and

evidence inferences 255. With

of

the are

is to in his

beiieved,

all

justifiable 4~7 U.S. the at

to be

drawn in

favor." the Court

Anderson, will

this

standard for summary

mind,

address

Plaintiff's

motion

judgment. The obtained over the as to land Plaintiff Lease for the argues that the to lease extension his he control

A was

sufficient period

demonstrate by 14, the

ten-year

mandated (eff. that June the

regulations. ~ 77(a) invalid court his (2)

Se___~e (b). The

I-CRP

(Amendment) argue

1989)

Defendants obtained by

extension of the probate Relying approqal on

because and without

it was

without Mrs.

approval

signatures the

Stuller's that

heirs. probate

own

affidavit,

Plaintiff

responds

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 12 of 34

was the net

unnecessary executor dispute

because full

the

terms to

of Lucille with the her

Stuller's property. nor

will He

gave does

a~thority he obtained parties

deal

that and will The both is

neither that

signatures

court

approval, Stuller's

agree

constl~/ction

of Mrs.

controlling. principle of t~s~amentary the 43 construction effect of the is

guiding

that will.

the

intention v.

of the-testator.controls 71 Ohio are to App. 27,

Brown

Blair,

(1942). only

Rules where, the

testamentary language of

construction the will W~ere

be employed or is creates clear,

is ambiguous the language to

internal however, in the the of in corners of intent

inconsistency. of the testator thus

is presumed obviating 79 Am. Jur. the the

have tO

been

expressed

document,

need

resort § 1132.

to rules

construction. construing the £he

2d, court

Wills is is

Therefore, the four

will, Where that

to examine of

document.

a clause which

capable with

differing balance of this with Ohio 198, 1 the

constructions, will and

harmonizes property in

the

disposes of the

of th~ testator see

a manner Foye v. 23

consistent Foye, Ohio 35 St.

language 283, 287

is favored. v.

App. 209

(1872); Baxter Board No. 75 v. of

Huston

Craiqhead, St. 490,

(1872); (1869); TwnsD., Ohio

Baxter, Educ.

19 Ohio of

Syllabus Trustees States

para. of

v. Board App.

Township (LEXIS,

Union

CA 39

(2d.

Dist.)

library,

file). As an initial portion of matter, the will the Plaintiff to fails confer to advise the

Court

which

purports

general

powers

36

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 13 of 34

upon

the

executor 2 Nor

such is

that any

the such

lease

could

be extended readily apparent. The

unilaterally. nearest

provision VIII,

analogous

portion

is

Item

which

provides

In addition to the powers conferred on Executors by law, my Executor . . . shall have the full power in her . . discretion and without any court order or proceeding to sell, pursuant to option or otherwise, at public or private sale and upon such terms as she . shall dem [sic] best, any real or personal property belonging to my estate without regard to the necessity of such sale for the Dur]mose of Da¥inq debts, taxes or le~mcies, or to retain any or all such property not so required, without liability for any depreciation thereof; to adjust, compromise and settle all matters of business and claims in favor of or against my estate; and to do all things necessary or proper to complete administration of my estate as fully as I could do if living. Last will and Testament of Lucille D. Stuller, Aff. of Jeffrey

Cottrell

(e~phasis The plain

added). language the of Item VIII of Mrs. Stuller's will,

the that

section she

to which the

Plaintiff

presumably

refers, power

indicates to sell or the

intended for the in

Executor purpose

to have of

a special debts, the will

property legacies;

limited that

paying does

taxes, direct

only

circumstance

The Plaintiff relies on the phrase "without approval of the probate court" for his conclusion that the Executor was granted general powers to ex~end unilaterally Lease A. The phrase he cites, however, appears nowhere in the . will. -6-

37

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 14 of 34

Executor any into

to

act

without that or in the

reference executor's

to a court power

order. 3 Absent to entering~ is grant

is

indication new leases true

extended leases.

extending light of

preexisting Item III which and

This to a i/4 the the

especially each of

purports sons

to

Mrs.

Stuller's of her

two

daughters

two

interest land.

in the The use

remainder of

p~operty, language

which

included that

farm

unconditional heirs to the any upon

indicates upon the

devise Stuller, VIII. confer

vested subject

in the only

immediately limitations construction the Executor

death in VIII the

of Mrs.

expressed of Item to

Items which

I and would

Thus, a general on the Indeed, Items vested left will with Power

alter the

lease

arrangements III. to

land once I and

would the VIII,

be inconsistent debts the of the

with

terms

of Item

estate

had

been the

settled

pursuant land, nothing in

remainder, in to the lease

including

contested was simply Nothing to

unco~ditionally for the Executor that the

devisees; to the any land.

there

Plaintiff. authority Moreover,

the

suggests the

Executorhad in the the 5,

interfere it is given before leased

devisees' certain will was

interest that signed and this

reasonably that Mrs. the

was

testator's only

intent, four months

on May two

1989, one-half

Stuller's

death,

and

years

after

she

This provision was evidently meant to operate in conjunction with Item I, which provides "I hereby direct that all my just debts and funeral expenses be paid out of my estate as soon as practicable ~fter the time of my decease." Thus debts of the estate were meant to be satisfied out of the gross estate, with the remainder passing to the heirs (pursuant to Item III, of which more. will be said later).

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 15 of 34

the

land

to

the

Plaintiff. in land

She

must

have

been

aware which

that was of

she

was

devising by the

an interest rental

to her her

children actual have so of of

encumbered the for the

agreement. she

Given surely had

knowledge made

competing unilateral will does of

interests, lease not the

would she

provisions In short,

extensions for the or

intended. Lease

allow

extension an order that the

A without court. failed

the From

consent this

devisees it

the

probate has

conclusion the the

follows

Plaintiff

demonstrate Accordingly,

absence

of a dispute motion there that is the him

as to a material is denied.

fact.

Plaintiff's so found, argument

Having Defendants' separate in the for it

no reason

to consider enrollment the not

the in a

second

Plaintiff's from enrolling is

land CRP.

program

precludes the

same

land

Nevertheless, to determine not be

Court's

inquiry

finished, why the

remafns should

whether

there

is any

reason

defendant the

granted

summary

judgment

on Count

I of

Complaint. Under certain to grant exists after is limited summary one circumstances, judgment party the to moves on its a district motion. court One such

is privileged circumstance and the court,

when

for

sugary concludes

judgment, that the

reviewing entitled

evidence,

non-moving S~uare Cir. v. 1985);

party

summary Comm., & J. (2d

judgment. 770 F.2d

Portsmouth 866, 869 (9th

Shareholders J. Moore, at that

Protective W. Taggart -162

Wicker ed.

6 Moore's Although is obliged

Federal the to

Practice general

~ 56.12 rule is

56-161 in such

1991). court

a case

the

-8-

39

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 16 of 34

notify the

the

parties to not

in

order'to the

ensure facts

that upon

the

losing the

party

has ruling

opportunity it is party which

oppose a rule had

which

adverse

depends, the losing

demanding sufficient will v.

myrmidon opportunity rest,

allegiance. to argue

Where the need

has the

issue be

upon

judgment States

no further 879 F.2d 620

argument (gth Fuel

presented.

United

Grayson, at 869

Cir. v.

1989); Connet,

Portsmouth 685 In F.2d this the into in the for

Square, 309, 312

770 (9th

F.Zd Cir.

(citing

Cool

1982)). has A to chosen support that to rely his in upon the for gain

case,

the

Plaihtiff of Lease

propriety instatement enrollment the the

of

extension the CRP.

request order to

It he

is must It

undisputed have also the

program ten

unfettered undisputed entire

control that, for

over absent that of to the

property extension,

years. not

is

he will

control he can

acreage the Yet of the

period. le~se, enter which

Therefore, his into in claim a lease is of claim

unless for is

demonstrate must'fail. by the owner to

validity the the power

instat~ment controlled by of only be

property, Thus the claim by the very a

turn

determined the terms the

reference will is

will. to

construction Plaintiff's right to the for the has

the

essential by which Any

for

authority found would

he can motion the the

extension summary Court already

must

there. simply

Defendant arguments Plaintiff the will,

judgment has already

restate Because the motion

considered. argument additional value on

proffered an

construction by the

of

however, will be

requiring

Defendants

of ceremonial

only.

Accordingly,

-9-

40

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 17 of 34

jddgment doing, of Count

on

Count

I will Court

be

entered

for no

the

Defendants. as to the

In

so

however, II.

the

expresses

opinion

merits

WHEREUPON, the on Court Count finds I of that

upon the

consideration Plaintiff's to

and motion

being for

duly summary and

advised, judgment

the

Complaint The Court

be without further

merit,

it is, the record

therefore, supports

DENIED. entry

concludes in favor

that

of suuumary summary

judgment is

of the on

Defendants. behalf of the

Accordingly, Defendants

judgment I of.

hereby

GRANTED

as to Count

the Complaint.

IT IS SO ORDERED.

-!0-

4]

Case 1:05-cv-00990-EJD
MINUTES TIME : DATE : PLACE : Persons

Document 10-3
OF COSHOCTON

Filed 12/29/2005
COUNTY COMMITTEE

Page 18 of 34

9:00 A.M. November 5, 1997 Coshocton County present:

FSA

Office

Bill S. Daugherty, Chairperson Bob Hoobler, Vice chairperson Dale Hedrick, Member Michael Jacob, CED discussed, and action as indicated was

The following taken:

subjects

were

io ADMINI STRATI-VE A. Darla B. The and Markley minutes approved met with COC. 16, 1997 COC meeting were reviewed

of the October as written.

Time and attendance sheets for CED and COC reviewed and approved. Travel authorization for meetings. D. County fiscal office expense year 1998. and budget reports

members were was given to

CED

were

reviewed

for

Discussion was held concerning the upcoming COC election in the LAA covering the western section of the county. Petitions were received timely from two candidates: David C. Bower (Dresden), and Karen Locke (Warsaw). Both of these persons are determined to be eligible candidates. COC further discussed filling out the ballot to get the minimum of four candidates according to 15-AO (R~v. 3), paragraph 107. With the petitions received, it is determined that minority and female interests are adequately represented. COC suggested the following producers be contacted to complete the ballot: Everett Beatty, Ronnie Rodehaver, and David C. Moore. F. COC adjourned briefly employee evaluations. PRODUCTION A. Darla
Bo

to

Executive

Session

to disguss

FLEXIBILITY Markley met with COC.

COC reviewed a request for PFC payment to be issued on the farm previously known as the Lucille Stuller Estate. Request was made by Nancy Cottrell, holder of a lease on a portion of the stated property, and also a partial owner of the property.

Case 1:05-cv-00990-EJD
Production Flexibility continued

Document 10-3

Filed 12/29/2005

Page 19 of 34

There has been a past disagreement among owners of the property as to the acreage covered by the lease. Nancy Cottrell indicated the acreage which she believes is covered by the lease. Another partial owner, James Stuller, indicated a different acreage was covered by the lease. COC reviewed the lease the parties invovlved. covered by the wording given by the o~rners. in question and also the statements COC could not determine the acreage of the lease nor by the statements by

Due to the disagreement, COC determined it could not approve a CCC-478 for the farm for payment until there was agreement by the owners as to the coverage of the lease or a court determination of the actual lease coverage. This action was taken based on handbook I-PF, paragraphs 254 (Protecting Interests of Tenants, Sharecroppers, and Landlords) and 255 (Division of Payment Disputes). Nancy Cottrell will notified of such decision.
Co

COC discussed the upcoming payment cycle for 1998 advance PFC payments. It was decided to require owner certification on either the CCC-478 or with a signed cash rent statement for advances to be issued on rented farms. Final payments may still be issued with an operator certification statement. INSURANCE Wilson met with COC.

3. CROP

A. Sandra

B. No action 4. PAYMENT A. Sandra

taken.

LIMITATION Wilson met with COC. to

The COC reviewed and approved 1998 CCC-502EZ's according IPL (Rev. i), par. 272, 273 and 393. COC made "actively engaged" and "person" determination for the following: Oaklief Ames 5. COMPL IAI~CE A. Sandra Wilson met with COC. Underwood Eppley Levering

B. No action 6 o FARM LOANS A. Sandra

taken.

Wilson

met

with

COC.

43

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 20 of 34

UNITED STATES DEPARTMENT OF AGRICULTURE COSHOCTON COUNTY FARM SERVICE AGENCY 72~ South 7th Street Coshocton, OH 43812 (614) 622-8087

November

6,-1997

Nancy Cottrell 34395 County Road Warsaw, OH 43844 Dear Nancy;

402

The Coshocton County FSA Committee met on November 5, 1997 and discussed your request for Production Flexibility Program (PFC) payment on the section of the Lucille Stuller farm covered by the "200+ lease" filed at the Coshocton County Recorders office in Volume 123, pages 36-41. The Committee reviewed the information you submitted to our office, the information submitted by other owners on the farm, and the background of the farm when making their determination. The Committee has determined that at this time, the above mentioned lease is a valid lease for payment, due to the fact that it extends beyond the end of the PFC in the year 2002. The actual cropland acreage and related contract acreage that is covered by this lease has been certified to in two different amounts by at least one owner and one owner/leaseholder of the land. The lease itself contains a map of the farm and the surrounding acreage (pages 39 & 40), but is too general r th e Committee to determine a true acreage. After considering the information at hand, the Committee has determined this to be a payment dispute. Payment can not be issued on this lease until there is an agreement by all owners and leaseholders as to the acreage covered under this lease. This can be a written agreement between the parties, or a court determined delineation of acres. This action is being taken according paragraphs 254 (Protecting Interests and Landlords) and 255 (Division of If you believe error, you may sequence: i. 2. 3. 4. to handbook I-PF, of Tenants, Sharecroppers, Payment Disputes). Committee is in the following

this decision by the County elect any of the options in

Reconsideration by the County Committee. Request mediation. Appeal to the the State Committee Appeal to the the National Appeals Division.

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 21 of 34

You may elect these options in the indicated sequence. You may select any of the first three options, or you may skip any of the first three options and select a later choice, or skip all three and appeal directly to NAD. If you skip any choice in the sequence, you may not select the skipped choice at a later time. You have 30 calendar days from the date of this letter to make a selection, ekcept that if ~ou wish to select mediation, you have 18 days after the date of this letter or after reconsideration to request mediation. Mediation is available and FSA will participate in good faith° Informal mediation may enable us to narrow and resolve issues by agreement. To obtain information about mediation, and to request mediation, contact Steven Maurer, 200 North High Street, Room 540, Columbus, OH 43215, Phone (614) 469-6735. The written request for mediation must be postmarked or faxed by you not later than 18 days after the date of this letter. Mediation does not replace or limit your right to further appeal to NAD. For the County Committee,

cc:

Coshocton

FSA

Committee

Dec.20. 2005 II:03AM USDA OFFICEOF GENERAL COUNSEL 12/29/2005 No.305422 of 34 Case 1:05-cv-00990-EJD Document 10-3 Filed Page P. 5 Exhibit 15 (Par. 111, 193, 254) CRPSignup Periods This exhibit lists the numberand dates ofCRP signup periods by pro~amyear. 3-3-8.6. through3-14-86 Date 1Number 2 3 4 6 7 5-5-8~6 through 5-16-86 ¯ -- 8-4-86 through 8-11786 _ __ 2-9-87thr?.u.qgh 2-27-87 7-20-87through 7-31-87. ....... 2-1-88 through 2-19-88. ...... 7-18-88 through 8-31-88 2-6789 through 2-24-89 7-17-89 through 8-4-89 3-4-91 through 3-15-91 7-8-91 through 7-19-91 6-15"-92 through ~26-92 9-11-95 through 9-22-95 ....... _9-3-96through9-30-97 .... 7-3-97 through 3-28-97 ....... 10-14-97 thrg..u_gh 11-14-97 10-! z~ through 9-30-98 10-26-98throug!~ !2-! 1-98 10-1-98 through 9-30-99 -18-2000 through 2-11-2000 ProgramYear 1986 t986and 1987 1986and 1987 1987andt9~8 ..... 1987and 1988 1988and 1989 1988and 1989 1989 and 1990 1989and 1990 1991 1992 1993 1996 and1997 1997and 1998 1998and1999 1_/ 1998 and 1999_2/~/ 1998and 1999 2000 I999 and 2000 2001

12 13 14 * 15 16 17" 18 I9" 20

5-1-03

2-CRP(Rev. 4) Amend.

Page l

46

Pag~ I of CCC-478 ~04-23-96)

3

Case 1:05-cv-00990-EJD
U.S. DEPARTMENT AGRICULTURE OF Commodity Credit Corporation

Document 10-3

Filed 12/29/2005

Form Approved - OMBNo. 0560-0092

Page 23 of 34

PRODUCTION FLEXIBILITY CONTRACT

I I. County Office Name, Address, and Telephone Number COSHOCTON COURTY FSA OFFICE (740)622-8087 I 724 S 7IN ST I COSHOCTON 1 OH 43812-2396 I 2, ST, & CO, Code 39-031 I 3. Farm Number [ 2902

THIS CONTRACT TO PARTICIPATEis entered into between the CommodityCreditCorporation(CCC) and the undersigned producers the farm identifiedabove for the crop(s) identifiedin column 4. The terms and conditionsof the productionflexibility contract are containedin the CCC-478 Appendix,entitled"Appendixto Form CCC-478 ProdoctionFlexibilityContract".By signing this contract,the undersigned producerson the farm identified above are participating the productionflexibility in program for the crop(s) identifiedin column 4. By signing this contract,producers(1) acknowledge receipt of the CCC-478 Appendix.and agree to abide by the terms containedtherein,and (2) agree to comply with the regulations governingthe applicableprogram and payment eligibility and limitationprovisions~ This program or activitywill be conductedon a nondiscriminatory basis without regard to race, co}or, sex, religion,nationalorigin, age, marital statusor disability.

Crop WHEAT OATS

ContractAcreage 6.3 .3

PaymentYield

36 47

CORN 7. TOTAL CONTRACT ACREAGE

32.6 39.2

98

OWNER/PRODUCER Name & Address ID NO.E9676 4611 JEFFREYCOTTRELL 12467 BAKERROAD SAINT LOUISVILLE, OH 430719604

YEAR { 1996 I 1997 { 1998 I 1999 I 2000 I 2001 I 2002 1 I ...................... { ....... I Crops I Adv. Payment I N { N { { ....... { .............. I ....... { ....... I ....... I ....... I ....... I ....... I ......... I WHEAT % Share I I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I OATSI I CORNI % Share % Share 2903 I ,0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .OODOI .0000 I ,0000 I .0000

lOther Farms:

......................................
OWNER/PROD~R/~/a*meAddress ID N0.271 38 0282 & ~ZAN~A~ LEVERING 7850 BLACKJACK RD MOUNT VERRON, 430509483 OH YEAR I I ...................... I Crops I Adv,

. ................................
1 1996 I 1997 F 1998 I 1999 I 2000 I 2001 { 2002 1 ....... Payment I N I N 1 N 1 N 1 N I N 1 R

i .......~.............. ....... ~....... ....... i .......~.......~.......i .........
I OATS { % Share I CORR I ~ Share IOtherFarms: I ,0000 I ,OOOO I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I .0000

Signature:

10ate:

Form Approved -OMB No. 0560-0092

Case 1:05-cv-00990-EJD
CCC-478 (04-23-96)

Document 10-3
I.

Filed 12/29/2005

Page 24 of 34

U.S. DEPARTMENT AGRICULTURE OF Commodity Credit Corporation PRODUCTION FLEXIBILITY CONTRACT

County Office Name. Address, and Telephone Number COSHOCTON COURTY FSA OFFICE (740)622-8087 724 S 7TR ST COSHOCTON OH 43812 2396 I 3. Farm Number 2902 1

2. ST. & CO. Code 39-031 PRODUCER CERTIFICATIONSECTIONCONTINUED OWNER/PRODUCER & Address ID N0.279 38 6804 Name NANCY COTTRELL 34396 COUNTY ROAD 402 WARSAW. 438449552 OH YEAR I I ...................... I Crops I Adv. I ....... I .............. I WHEAT I % Share I OATSI I CORN I % Share % Share 2875 I 1996 ~ 1997 I

1998 I 1999 I 2000 I 2001 I 2002

Payment I R 1 N 1 N I N I N 1 N 1 N I ....... 1 ....... ] ....... I ....... I ....... 1 ....... I ......... 1 ALL I .0000 I .0000 I .0000 I .0000 I ,0000 I ,0000 I ALL t .OOO0 I .OOO0 I .0000 I .OOOOI ,O00O I .0000

I ALL I ,0000 I .0000 I .O00O I .0000 I .0000 I .0000 2903

{OtherFarms:

OWNER/PRODUCER Name &/Address ID N0.27956/6773 YEAR I 1996 I 1997 I 1998 I 1999 I 2000 I 2001 I 2002 MARY HALDEM~( 7420 SHARP RD Crops I Adv, PaymentI N I R I R I N I R 1 R ~ N MOUNT VERNON. OH 430509412 ....... WHEATI N Share I .0000 I ,0000 I ,0000 I .0000 I .0000 I .0000 I .0000 OATS 1 CORN 1 % Share % Share I .0000 I ,0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I .0000 ~ .0000 I .0000 I .0000 I ,0000

OtherFarms:

Signature: OWNER/PRODUCER & Address ID N0,302 32 0677 Name JAMESM STULLER PO BOX13 DANVILLE. OR 430140013 YEAR I l ...................... I Crops I Adv. I ....... I I WHEAT N Share I I OATSI I CORNI % Share % Share

IDate: I 1996 I 1997 I 1998 I 1999 I 2000 I 2001 I 2002 ] ....... 1 ....... I ....... [ ....... I ....... ] ....... I ......... Payment I N I R I N I N I R 1 N I N I .OOOOI .0000 ] .0000 I .0000 I .0000 I .0000 I ,OOO0 I ,0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I ,0000 I .0000 { ,0000 I .0000 I .0000 I ,0000 I .0000 I .0000

lOther Farms:

Signature: OWNER/PRODUCER & Address Name UNDESIGNATED ID N0.777 77 7777 I YEAR

iOate: I 1996 I N 1 1997 I N I 1998 I R ALL ALL I I I 1999 ~ N I ALL I ALL I 2000 I R 1 2001 I N I 2002 N ALL ALL

I Crops I Adv. Payment I I WHEAT I I OATSI % Share % Share

I .0000 I I .0000 I

ALL I ALL I

ALL 1 ALL 1 ALL l ALL I

% Share I CORNI I ....... I .............. lOtherFarms:

I .gO00 I ALL 1 ALL I ....... I ....... I .......

ALL I ALL 1 ALL I ALL I I ....... I ....... I ....... I .........

Signature:

IDate:

Page 3 of 3

Case 1:05-cv-00990-EJD
CCC-478 I04-23-96) U.S. DEPARTMENT AGRICULTURE OF CommodityCredit Corporation

Document 10-3

Filed 12/29/2005

Form Approved- OMB No. 0560-0092

Page 25 of 34

PRODUCTION FLEXIBILITY CORTRACT

I 1. County0ffice Rame, Address,and TelephoneRumber COSROCTONCOUNTY FSA OFFICE (740)622-8087 I 724 S 7TH ST I COSHOCTOB OH 43812 2396 I I ........................................................... I 2. ST. & CO. Code I 3. Farm Number 39-031 I 2902

PRODUCER CERTIFICATION SECTIOB CONTINUED

OWBERIPRODUCER Rame & Address ID I~0.301 1175 48 GARY MIZER 27120 COUNTY ROAD 22 WARSAW. 438449330 OH Signature: 8. REMARKS

YEAR I I 1996 I 1997 I 1998 I 1999 I 2000 I 2001 I 2002 I ....... .............. I I ......................................................... I 1 I I Crops I Adv. Payment ********************* for all crops are zero************** iDate:

Page 1 of

3

Case 1:05-cv-00990-EJD
U.S. DEPART~ERTOF AGRICULTURE CommodityCredit Corporation

Document 10-3

Filed 12/29/2005

Form Approved- OMB RO. 0560-0092

Page 26 of 34

CCC-478 i04-23-96)

I. Co~ty Office Name, Address, aed TelepUoneNumber (740}622-8087 COSHOCTONCOUNTY FSA OFFICE 724 S 7TH ST OH 43812"2396 COSHOCTON 2. ST~ & CO. Code 39-031 I 3. Farm Number 2903 I

PRODUCTION FLEXIBILITY CONTRACT

THIS CONTRACT TO PARTICIPATE entered into between the CommodityCreditCorporation(CCC) and tbe undersigned iS producers the farm identifiedabove for the crop(s) identifiedin column 4. The terms and conditionsof the productionflexibility contract are containedin the CCC-478 Appendix,entitled"Appendixto Form CCC-478 ProductionFlexibilityContract".By signing this contract,the undersignedproducerson the farm identifiedabove are participating the productionflexibillty in program for the propis) identified in column a. By signing this contract, producers (I) acknowledge receipt of the DDC-478 Appendix, and agree to abide by the terms contained therein, and (2) agree to comply with the regulations governing the applicable program and payment eligibility and limitation provisions, This program or activity will be conducted on a nondiscriminatory basis without regard to race. color, sex, religion, national origin, age. marital status or dioability~

Crop

ContractAcreage

Payment Yield

WHEAT OATS

34.9 1.8

35 47

CORN 7. TOTAL CONTRACT ACREAGE OWNER/PRODUCER Name & Address ID N0.301 48 1175 GARY MIZEN 27120 COUNTY ROAD 22 WARSAW, OH 438449330 Signature:

179.7 216.4

98

i I

YEAR

I 1996 1 1997 1 1998 I 1999 I 2000 1 2001 I 2002

I Crops I Adv. Payment ********************* all crops are zero************** for IDate:

OWNER/PRODUCER Name & Address ID N0.27138 0282 TAMYALEVERING 7810 BLACKJACK RD MOUNT VERNON. 430509483 OH

YEAR 1 1996 I 1997 1 1998 I I ...................... 1 ....... ~ ....... 1 ....... I Crops I Adv. Payment I N I N I ....... I .............. 1 ....... I ....... I ....... I WHEAT % Share I .0000 I .0000 I ,0000 I I I OATS 1 I CORN 1 ~ Share % Share

I 1999 ~ ....... 1 N 1 I ....... .0800 I

I 2000 1 2001 I 2002 ~ ....... 1 ....... I ......... N I R I N I N 1 ....... 1 ....... I ......... ,0000 I .OODO I .0000

I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000

Signature: OWNER/PRODUCERName & Address ID N0.279 38 6804 I NANCY COTTRELL WARSAW, 438449552 OH I WHEAT I % Share I OATS 1 I CORN 1 % Share ~ Share 2875 YEAR

IDaho: I 1996 ~ 1997 I 1998 I 1999 I 2000 I 2001 I 2002

I ALL I .0000 1 .0000 I .0000 1 .0000 { ,0000 1 .0000 { ALL I .0000 1 .DO00 I .0000 ] .O00D I ~0000 ] .0000 1 ALL I .DOOO ] ,DOOO) .DOO8 I .OOO0 I ,0OOO ] .D80O 2902

JOther Farms:

Page 2 of 3

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005 Form Approved-of 34 0560-0092 Page 27 OMB No.

CCC-478 (04-23-96)

U.S. DEPARTMENT AGRICULTURE OF Commodity Credit Corporation

PRODUCTION FLEXIBILITY CONTRACT

I I. County Office Name, Address. and Telephone Number COSHOCTON COUNTY FSA OFFICE I (740)622-8087 724 S 7TH ST 1 COSHOCTON 1 OH 43812 2396 I ........................................................... I 2. ST. & CO, Code I 3. Farm Number 39-031 1 2903

PRODUCER CERTIFICATIONSECTIONCONTINUED OWNER/PRODUCER & Address ID N0.279 56 6773 Name MARY HALDEMAN 7420 SHARPRD MOUNT VERNON,OH430509412

YEAR ......................
Crops I WHEAT $ OATS 1 CORN 1

Adv.

I 1996 I 1997 1 1998 1 1999 I 2000 1 2001 I 2002 I ....... I ....... I ....... I ....... I ....... I ....... I ......... Payment ] N I N I N I N ] N I N I N
I ,0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I ,0000 I .DO00 I ,0080 I .0000 I .0000 I .0000

% Share % Share % Share

Other Farms:

Signature: OWNER/PRODUCERName & Address ID N0.280 34 1715 DUANE COTTRELL ...................... 34395 COUNTY ROAD 402 WARSAW, OH 438449552 ....... YEAR Crops

IDate: 1 1996 I 1997 I 1998 I 1999 I 2000 1 2001 I 2002

I Adv. Payment I N [ N I N I N I N I N I N I .............. I ....... I ....... I ....... 1 ....... 1 ....... I ....... 1 ......... WHEAT I N Share I .0000 [ .0000 I .0000 I .0000 I .0000 I .0000 I .0000 OATS I CORNI % Share % Share 2875 I ,0000 I .0000 I ,0000 I .0000 I .0000 1 .0000 I ,0000

Other Farms:

Signature: OWNER/PRODUCER & Address ID N0.296 76 4611 Name JEFFREYCOTTRELL 12467 BAKER ROAD SAINT LOUISVILLE, 08 430719604 I I I YEAR Crops I Adv.

IDate: I 1996 I 1997 1 1998 I 1999 I 2000 I 2001 I 2002 Payment l N I N I N [ N I N I N [ N

I ....... I ..............
I OATSI ~ Share

I ....... I ....... I ....... I ....... I ....... I ....... I .........
]

I WHEAT % Share I .0000 I .0000 1 .0000 1 ~0000 [ .0000 ] .0000 I .0000 I

.oooo I .oooo I .ooooI .ooooI .ooooI .ooooI .oooo

I CORN I

%Share

] .0000 I .0000 1 .00001 .00001 .00001 .0000I .0000

[Other Farms:

OWNERIPROD~Came Address ID N0.302 32 0677 & ~A~M STULLER ~BOX 13 DANVILLE, OH 430140013

I I I

YEAR Crops [ Adv.

l 1996 1 !~397 I ~998 1 1999 1 2000 I 2001 I 2002 Payment I N [ N I N I R ] N I N [ N

I WHEAT I I OATSI ~ CORNI

N Share % Share % Share

I .0000 1 .0000 I .0000 ] ,OgO0 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I .0000 I ,0000 I .0000 I .0000 I .0000 I .0000 I .0000

[Other Farms:

Signature:

IDate:

Page 3 of

3

Case 1:05-cv-00990-EJD
U.S. DEPARTMENT AGRICULTURE OF CommodityCredit Corporation PRODUCTION FLEXIBILITY

Document 10-3

Form Approved - of 34 Filed 12/29/2005 Page 28 OMBNo.

0560-0092

CCC-478 (04-23-96)

1. County OfficeName. Address.and TelephoneNumber COSMOCTONCOUNTYFSA OFFICE (740)622-8087 724 S 7TH ST COSUOCTON OH 43812 2396 CONTRACT ........................................................... 2. ST. & CO. Code ~ 3. Farm Number 39-031 2903 1

PRODUCER CERTIFICATION SECTION CONTINUED OWNER/PRODUCER Name & Address ID N0.77777 7777 UNDESIGNATED I YEAR I 1996 I 1997I N 1 1998I N I 1999I N 1 2000 I N 1 2001 I N 1 2002 N I ALL 1 ALL I ALL

I Crops I Adv. Payment I N I I WHEATI I OATS 1 I CORN 1 % Share % Share % Share I .ODO0I I .0000I I .0000I

ALL I ALL ALL I ALL ALL I ALL

I ALL I ALL I ALL I ALL 1 ALL I ALL I ALL I ALL I ALL

lOtherFarms:

Signature: 8. REMARKS

IDate:

81/8£/2882 &4:5[

Case 1:05-cv-00990-EJD

6142552542

Document 10-3

OHIO STATEFSA

Filed 12/29/2005

Page 29 of 34

PAGE

USDA

~nlted States ~epallT, tent of ,grlcultum

Farm Service Agency

Ohio State FSAOffice Room Federal Building 540 200 North High Street Columbus, OH 43245-2495

To: Cosbocn County FSAComm~'ttee

Date:Jaauary 9,2002 In ReplyReferto; PF/CO~/tLM

From: State

cutive

Director

~ ~'..,~

],

~

Ohio Subject: Attache are authorization codes from ?ECD whichwererequested to ismo1996- 2001PFC and 199 - 2001MLA paymenls producers NancyCottreIl and GaryMizeron FSN's2902 to and 290~Tt~ paymeats werenot issued timely beceuscof a dispute in c6ntra~t shares. The dispute Was re~olvedbdorethe final payment not date. Basedc the doc.~mentalion provided, authorization codes have beea issued by PECD/CPB roche&TheCountyOffice should follow the pmvis~on 2-PTparagraphs: of ~ to ismo the PFC payments(1996 and 1997) L5 to ~methe PFCpayments (1998 and future yea~s) sthorization codesare not requLred issue 1998a~d1999M:L_A..l~ayments. to 2th regard tothe 2000 and 2001 MIA payments.NatiomlNotices PF-159, PF-169mad F-168 advised State andCountyOffices funding th~ au~odty authoriz~g ~ 2000 ad 2001MLA payments ~-x-pired on September 2001. As a result, you~request for 30, athodzat~oa to issue the F~ 2000md2001MLA codes paymentis denied. Should Attack co: Jan Rex (memo oaly) have questions, please call PF/COMP/KM, 614-255-24~6.

Farm Case 1:05-cv-00990-EJD SerViCe Agency Document 10-3 Agriculture

COSHOCTON COU~gTY FSA Filed 12/29/2005 Page 30 ofOFFICE 34 724 S 7TH ST COSHOCTON, ON 4381~-2396

Date Time

01-11-2002 14:31 Type B Original

Program

1996

Production Prod.

Flexibility Flex.

Contract

Phone

740-622-8087

Application

Adj./Prod.

Statement

PAGE

NANCY 34395 W~SAW,

COTTRELL COUNTY ROAD 402 OH 43844-8552

Producer

ID 279 38 6~04 S

Transaction Reference Farm

Information Number(s) 2903 WA01100046 Amount 3,753.00 3,753.00 START Payment PRODUCTION Total Description FLEXIBILITY CONTRACT CORN

payments

(Transactions)

Disbursement Issue Date 01-Ii-2002

Information ACH/ Check 28011661 ASGN/ JP~4T EECVBL/ Claim 3,753.00 3,753.00 Payee NANCY Total Name/CCC COTTRELL Disbursements Debt ReDaid

3,753.00

Total

Program

Payment

Earned

U" ited States Dep~rtment Agriculture of

Case 1:05-cv-00990-EJD

Farm

Service

Document 10-3

Agency

COSHOCTON COUNTY FSA OFFICE Filed 12/29/20057TH Page 31 of 34 724 S ST COSHOCTON, OH 43812-2396

Date Time

01-i1-2002 14:27 ~ype B Original

Program

1996 Production Prod.

Flexibility Flex.

Contract

Phone

740-622-8087

Application

Adj,/Prod.

Statement

PAGE

NANCY 34395

COTTEELL COL~[TY ROAD 402 OH 43844-9552

WARSAW,

Producer

ID 279 38 6804 S

Disbursement

Statement

Transaction Reference Farm

Information Number(s) 2902 WA01100043 Amount 170.00 170.00 STAT Pa~anent PRODUCTION Total Description FLEXIBILITY CONTP~CT grHEAT

Payments

(Transactions)

Disbursement Issue Date 01-11-2002

Information ACH/ C/~eck 28811658 ASGN/ JPYMT RECVBL/ Claim 170.00 170.00 Payee NANCY Total Nmme/CCC CO~RELL Disbursements Debt ReDaid

170.00

Total

Program

Payment

Earned

U~ited

States of

Deportment Agriculture

Case 1:05-cv-00990-EJD

Document 10-3

COSHOCTON COLBY FSA OFFICE Filed 12/29/2005 7TH Page 32 of 34 724 S ST COSHOCTON, OH 43812-2396

Date Time

01-I1-2062 14:26 ~ype B Original

Program

1996 Production Prod.

Flexibility Flex.

Contract

Phone

740-622-8087

Application

Adj./Prod.

Statement

PAGE

NA~CY 34395

COTTRELL COUNTY ROAD 402 OH 43844-9552

WARSAW,

RETAIN

FOR TAX PURPOSES

Producer

ID 279 38 6804

S

Disbursement

Statement

Transaction Reference Farm

InforTnation Number(s) 2902 Transaction WA01100042 Amount 681.00 681.00 STAT Payment Description FLEXIBILITY COk~fRACT COP~N

PRODUCTION Total

Payments

(Transactions)

Disbursement Issue Date 01-11-2002

Information ACH/ Check 28811657 ASGN/ JPYMT REC~BL/ Claim 661.00 681.00 Payee N~CY Total Name/CCC COTTRELL Disbursements Debt Repaid

681.00

Total

Program

Payment

Earned

United

States

Farm Service Agency Case 1:05-cv-00990-EJD Document 10-3

COSHOCTON COD%FlY FSA 34 Filed 12/29/2005 Page 33 of OFFICE 724 S 7TH ST COSHOCTON, OH 43812-2398

Agriculture

Date Time

01-11-2002 14:29 Type B Original

Program

1996 Production Prod.

Flexibility Flex.

Contract

Phone

740-622-8087

Application

Adj./Prod,

Statement

PAGE

NANCY 34395

COTTRELL COUNTY ROAD 402 OH 43844-9552

WARSAW,

RETAIN

FOR

TAX PURPOSES

Producer

ID 279 38 6804 S

Disbursement

Statement

Transaction Reference Farm

Information Number(s) 2903 WA01100044 Amount 934.00 934.00 STAT Payment Total DescriDtion FLEXIBILITY CONTP~CT W'HEAT (Transactions)

PRODUCTION

Payments

Disbursement Issue Date 01-11-2002

Information ACH/ Check 28811659 ASGN/ JPY~T RECVBL/ Claim 934.00 934.00 Payee NANCY Total Name/CCC COTTRELL Disbursements Debt ReDaid

934.00

Total

Program

Payment

Earned

Case 1:05-cv-00990-EJD

Document 10-3

Filed 12/29/2005

Page 34 of 34

CERTIFICATE OF FILING I hereby certify that on December29, 2005, a copy of the foregoing "DEFENDANT'S APPENDIX SUPPORT ITS MOTION DISMISS"was filed IN OF TO electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties mayaccess this filing through the Court's system.

/s/KELLY B. BLANK