- 23 -
9/16/04 5140 925.31
10/12/04 1540 1,855.62
12/17/04 5145 1,845.62
2/1/05 6015 920.31
3/11/05 1000 925.31
3/26/05 6028 920.31
5/13/05 6034 925.31
6/4/05 6045 920.31
7/18/05 1001 1,845.62
9/13/05 - 925.31
10/8/05 6119 920.31
11/4/05 6133 920.31
12/2/05 6145 920.31
1In the case of payments evidenced by petitioners’ checks, the dates
indicated are the dates of the respective checks. In the case of payments
evidenced by petitioners’ bank statements, the dates indicated are the dates
reflected on such respective statements.
2Except for the reduced payments attributable to the refinanced F&M Bank
2000 loan, the record is not altogether clear why the amounts of the payments
that petitioners made to F&M Bank varied at times. However, it appears that
certain payments that petitioners made to F&M Bank were increased to reflect
additional interest and/or late charges with respect to the $180,000 F&M Bank
2000 loan or the refinanced F&M Bank 2000 loan that F&M Bank imposed because
of late payments by petitioners. It also appears that petitioners intended
that certain payments that they made on the refinanced F&M Bank 2000 loan,
which were in amounts that are approximately twice as much as the amounts of
the other payments that they generally made, were to be applied as payments on
that loan for the month of the date of the check and the following month.
3Check Nos. 1097, 3866, and 3887 were issued by a process known as “Pay
by check over the phone Western Union phone pay”. Edward O’Malley’s name
appeared both in the upper left hand corner and the signature line of each of
those checks. However, the payment on each of those checks was drawn from one
of petitioners’ Bank of America checking accounts.
Pursuant to the agreement between Edward O’Malley and Mr.
O’Malley, as modified by them when Edward O’Malley agreed to
refinance the $180,000 F&M Bank 2000 loan: (1) From June 14,
2000, until at least the time of the trial in this case in early
2006, Edward O’Malley did not (a) make any payments to F&M Bank
on the $180,000 F&M Bank 2000 loan or the refinanced F&M Bank
2000 loan, (b) make any payments on the second loan with respect
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Last modified: November 10, 2007