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HomeMy WebLinkAbout99-04107_. Z' t d ' O SHERIFF'S RETURN - REGULAR CASE NO: 1999-04107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRACKEN ROBERT J ET AL VS. ACKLEY GEORGE W III ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon ACKLEY GEORGE W III the defendant, at 9:38 HOURS, on the 15th day of July 1999 at 1116 STRATFORD DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CHERI ACKLEY (WIFE) a true and attested copy of the NOTICE AND COMPLAINT IN together with ASSUMPSIT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: ` Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 omas RTine; 5 eri $Z9. J-U CHF?ISTOPHER C. HOUSTON 07/16/1999 / by (A, (A' epu eri Sworn and subscribe to before me this /G 9-- day of 199_ A. D. rocnonocar SHERIFF'S RETURN - REGULAR ,CASE NO: 1999-04107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRACKEN ROBERT J ET AL VS. ACKLEY GEORGE W -III ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon TREFFINGER HENRY W III defendant, at 10:10 HOURS, on the 15th day of July the 1999 at 6 STEWART DRIVE CARLISLE, PA 17013 CUMBERLAND , County, Pennsylvania, by handing to JUDITH TREFFINGER a true and attested copy of the NOTICE AND COMPLAINT IN together with ASSUMPSIT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 So answers- 3.10 ) .00 8.00 - o as ine, eri L . CHRISTOPHER C. HOUSTON 07/16 1999 / by Sworn and subscribed to before me this /L T- day of 19__?A.D. l ?5 `Prc onuu,ear?y e y eri ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99- y/U"J CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 Bracken Complaint ROBERT J. BRACKEN and : IN THE COURT OF COMMON PLEAS OF GERALD J. WOMBLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 99- g161 CIVIL TERM v CIVIL ACTION - LAW GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, IN ASSUMPSIT Defendants AND NOW, comes the Plaintiffs, Robert J. Bracken and Gerald J. Womble, by and through their attorney, Christopher C. Houston, Esquire, who aver as follows: 1 The Plaintiff Robert J. Bracken, is an adult individual, currently residing at c/o Bracken & Associates, P.A., P. 0. Box 532, Sanford, North Carolina. 2 The Plaintiff Gerald J Womble, is an adult individual, currently residing at c/o Bracken & Associates, P.A., P. 0. box 532, Sanford, North Carolina. 3 The Defendant George W. Ackley, III, is an adult individual, currently residing at 1116 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 4 The Defendant Henry W. Treffinger, III, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 5 On or about August 14, 1996, the Defendants did sign a Promissory Note, a copy of which is attached hereto marked as Exhibit "A" and incorporated herein by reference (hereinafter "the Note"). 6 Plaintiffs and Defendants are parties to an Agreement dated August 14, 1996, which incorporated therein the terms of the Note and which was executed the same date as the Note. A copy of said Agreement is attached hereto marked as Exhibit "B" and incorporated herein by reference. 7 The Note and the Agreement provided that payment would be made to Plaintiffs for the principal and interest due under the Note on or before August 15, 1997. 8 Defendants are in default of the terms of the Note in having failed to make payment when due. 9 The Plaintiffs did provide written notice to each of the named Defendants of their default under the terms of the Note giving them ten (10) days within which to cure the default, with a copy of said Notice being attached hereto and marked as Exhibit "C" and incorporated herein by reference. 10 The Defendants have failed to cure their default under the terms of the Note and continue to be in default, having failed to pay the sums due and owing under the terms of the Note. 11 There is due and owing as of June 22, 1999, the following amounts: Principal $ 25,000.00 Interest 7,408.26 (through 6/22/99) Attorney's Fees 4 R91 Oa Total $ 37,269.50 12 The Defendants are jointly and severally liable on the obligation due and owing to Plaintiffs in accordance with the terms of the Note. WHEREFORE, the Plaintiffs request this Honorable Court to enter judgment in favor of the Plaintiffs and against the Defendants, jointly and severally, in the sum of $37,269.50 plus interest at $10.96 per day from June 22, 1999, attorney's fees and costs. Respectfully submitted, Christopher`t. Houston, Esquire Attorney for Plaintiffs 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 ION: The debt evidenced by has been satisfied in full this dayol , I9_ 25,000.00 PROMISSORY NOTE FOR VAI I IF RrcI IVFD the un(firnlgnrd, pdnlly and severally, prondse hs pay to Moore County pV? , N. C. _tsboA._J, Brackcu •ttd.0,erald._J,_ Rumble__ ororder, the principal sum of --Twenty-Five Tha"And gnd No/ 10.0------------------------------------------------ DOLLARS is 25,000.00 1. with interest from the date hereof at the rate of sixteen per cent If I6 .0 %) per annum on the unpaid balance until paid or until default, both principal and Interest payable In lawful money of the United States of America, at the office of the holder of the _Note or at such place as the legal holder hereof may designate in writing. It is understood and agreed that additional amounts maybe advanced by the holder hereof as provided In the Instruments, If any, securing this Note and such advances will be added to the principal of this Note and will accrue Interest at the above specified rate of interest from the date of advance until paid. The principal and interest shale be due and payable as (ollnws: In one lump sum of principal and interest on or before August 15, 1997. Trhis Note may be prepaid without penalty. If not sooner paid, the entire remaining indebtedness shall be due and payable on -Aironnt IS 1997 If payable in installments, each such Installment shall, unless otherwise provided, be applied first to payment of interest then accrues) and due on the unpaid principal balance, with the remainder applied to the unpaid principal. Unless otherwise provided, this Note may be prepaid in full or in part at any time without penalty or premium. Partial prepayments shall be applied to Installments due in reverse order of their maturity. In the event of (a) default In payment of any Installment of principal or interest hereof as the same becomes due and such default is not cured within ten (10) days from the due date, or (b) default under the terms of any Instrument securing this Note, and such default is not cured within fifteen (15) days after written notice to maker, then in either such event the holder may without further notice, declare the remainder of the principal sum, together with all Interest accrued thereon and, the prepayment premium, if any, at once due and payable. Failure to exercise this option shall not constitute a wavier of the right to exercise the same at any other time. The unpaid principal of this Note and any part thereof, accrued Interest and all other sums due under this Note and she Deed of Trust, If any, shall bear interest at the rate of sixteen 16 , 0 percent( %)per annum after default until paid. All parties to this Note, Including maker and any sureties, endorsers, or guarantors hereby waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, Interest and all other sums due under this Note and the Deed of Trust notwithstanding any change or changes byway of release, surrender, exchange, modification or substitutigg??ypl any security for this Note or byway of any extension ar extensions of time for the payment of principal and Interest; and all such parties waive all and every III of notice of such change m changes and agree that the time may be made withntd nntire or ronsrnt ninny of them. _ Illson default the holder of deh Note may employ an attorney in enforce the holder's rlghts anti remefles and the maker, principal, merry, puamntnr and entlomen of thls Note hereby agree to pay to the holder reasonable attorneys fees not exceeding a sum equal to figeen percent (15%) of the outstanding balance owing an said Note, plus all other reasonable expenses Incurred by the holder in exercising any of the holder's rights and remedies upon default. The rights and remedies of the holder as provided in this Note and any Instrument securing this Note shall be cumulative and may be pursued singly, successively, or together against the property described In the Deed of Trust or any other funds, property or security held by the holder for payment or security, In the sole discretion of the holder. The failure to exercise any such right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise any of them at another time. This Note is to be governed and construed In accordance with the laws of the State of North Carolina. This Note is given for an actual loan , andissecuredbya unsecured is a n /a lien upon the proccrty thereln described. IN TESTIMONY WHEREOF, each corporate maker has caused this strumenl to be executed in Its corporate name by Its President, attested by Its Secretary, and Its corporate seal to be o affixed, all by order of Its Board of Directors first duly given, the day and first above written, to Name) J resident p Y Z Secretary (Corporate Seal) S . 7 m President Secretary (Corporate Seal) IN TESTIMONY WHEREOF, each Individual maker has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside his name, the day and year first above written. EXHIBIT -A Bar Assoc. Form No. 4 RJ 1976, Revised 0 1985 a hsnit by AtPaxnr wild ws a G. ba. • arc li/ • Tsdtlnga. NC 21055 (SEAL) (SEAL) (SEAL) (SEAL) (SEAI.1 (SEAM (SEAL) NORTH CAROLINA MOORE COUNTY AGREEMENT This Agreement is made this 4 /-day of 1996, by and between Tamarrac Retirement Village & Golf Club, Inc.( hereinaft(O referred to as "Tamarrac"), Sanford Contractors, Inc., a North Carolina Corporation( hereinafter referred to as "SCI"), Robert J. Bracken( hereinafter referred to as "Bracken"), and Gerald J. Womble( hereinafter referred to as "Womble"). WITNESSETH: r *-F A4 * Whereas, Tamarrac is in the process of obtaining an option to purchase certain property located on Highway 15-501 in Moore County, North Carolina for development as'a golf course community; and whereas, Tamarrac is in need of capital to pursue said option and the development of said project; and whereas, SCI, Bracken & Womble have agreed to loan capital to Tamarrac according to the terms set forth herein. Now, Therefore, in consideration of the mutual promises and covenants contained herein, the parties hereto hereby agree as follows; 1. SCI shall loan to Taman-ac the sum of $25,000.00 to be repaid in one lump sum of principal and interest on or before August 15, 1997. Interest shall be due on said amount from Tamarrac in the amount of sixteen percent(16.0%) per annum to the date of payment. This Note shall be personally guaranteed by Albert A. Biegun, George Ackley and Henry Treffinger. In addition, SCI shall have a right of first refusal on all site and roadway work to be done in the Tamarrac development long as his or such work does not exceed the lowest bid by more than ten percent(A94'o)2perercent. PM W 2. Bracken and Womble shall together loan to Tamarac the sum of $25,000.00 to be repaid in one lump sum of principal and interest on or before August 15, 1997. Interest shall be due on said amount from Tamarrac in the amount of sixteen percent(16.0%) per annum to the date of payment. This Note shall be personally guaranteed by Albert A. Biegun, George Ackley, and Henry Treffinger. In addition, Bracken shall have a right of first refusal on all engineering and surveying work in the Tamarrac development as 1tg¢ fgrdS.uch work does not i r 4^ exceed the lowest bid by more than ten percent(+6 %J?per , ble shall have a Fight 3. The Notes set forth as Exhibits to this Agreement payable to SCI and to Bracken and Womble are incorporated herein by reference and shall be separately executed by Tamarrac and the guarantors. 4. Failure by Tamarrac to pay according to the terms of said Notes or to otherwise comply with this''Agreement shall entitle the party or parties not so paid or provided with project work as set forth herein to pursue their legal remedies against Tamarrac and the guarantors irrespective of whether compliance with the Agreement is occurring with the other parties. SCI, Bracken and Womble shall be entitled to co. ect court costs, reasonable attorneys fees, lost profits, consequential damages and any other remedy allowed by the laws of the State of North Carolina from Tamarrac or the guarantors in the event there is a failure to comply with any term Cold STe4CTlom o" R4. -rotmwecac. rov M?fAQ e2TY q-r f Qeueegt_ P R<, NNEMNM? EXHIBIT Ae.CoRM I"& 'ro ^102SW AV A16AS%I-ITY, of this Agreement. 5. This Agreement shall be Carolina. governed by the laws of the State of North 6. This Agreeement shall be assigns, binding upon the parties hereto, their heirs, successors and This the day and year first above written. Sanfordt' nc. B President inc. d of sst 3n he nd ice ind her the ve. 3y a bed. t his the Attest: (SEAL,) c Secretary Christopher C. Houston Attomey at Law 52 West Pomfret Street Carlisle, Pennsylvania 17013 717-241-5970 Facsimile: 717-241-6970 May 12, 1999 Mr. Henry W. Treffinger, III 6 Stewart Drive Carlisle, PA 17013 Mr. George W. Ackley, III 1116 Stratford Drive Carlisle, PA 17013 RE: Tammarac Retirement Village and Golf Club, Inc./Sanford Contractors, Inc./Robert J. Bracken, Gerald J. Womble Dear Mr. Treffinger and Mr. Ackley: Please be advised that I represent Sanford Contractors, Inc., Robert J. Bracken, and Gerald J. Womble. As you are aware, there is due and owing to Sanford Contractors, Inc. the sum of $25,000 plus interest on a Note signed by each of you on August 14, 1996. Furthermore, there is due and owing to Messrs. Bracken and Womble the sum of $25,000 plus interest on a Note signed by each of you on August 14, 1996. As you are further aware, the Notes provided that the indebtedness due and owing to my clients was payable on August 15, 1997. In accordance with the terms of the Notes, you are hereby given ten (10) days within which to cure the default. There is due and owing on each of the Notes calculated through today's date the sum of $31,958.90. Interest continues to accrue on each of the Notes at the rate of $10.96 per day. Should the default under the Notes not be cured within the aforesaid time period, we shall have no other choice but to proceed with the filing of a Complaint for a collection for the full amount due and owing which will include a claim for attorney's fees and other expenses as provided for under the Notes. Very truly yours, kb Christopher C. Houston cc: Robert J. Bracken, et al. EXHIBIT I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. /C/62 L J9 & 4 z1,---- ROBERT J. RACKEN I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Lev GERALD J. OMBLE i. 1 J' \? `.n ? l w . ? ? h °O Je J ?? ROBERT J. BRACKEN and : IN THE COURT OF COMMON PLEAS OF GERALD J. WOMBLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : 994107 CIVIL TERM :CIVIL ACTION -LAW GEORGE W. ACKLEY, III, and : HENRY W. TREFFINGER, III, : IN ASSUMPSIT Defendants . V. ALBERT A. BIEGUN Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC Additional Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, George W. Ackley, III, by and through his attorney, John H. Broujos, Esquire, and files this Answer with New Matter, averring as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief 4. Admitted. 5. Admitted upon information and belief 6. Admitted. 7. Admitted. 8. Admitted that Defendant Ackley failed to make any payment. Denied that he is in default, as more fully set forth in New Matter. 9. Denied that Defendant Ackley is in default, and he has reason to believe that Defendant Trettinger is not in default, of the terms of the Note, in that Defendant was enticed into entering into the Agreement and signing the Note by representations of Albert A. Biegun that a number of events would occur during the development of Tamarrac, such as an option to purchase, development of plans, and other conditions, as more fully set forth in New Matter. 10. Admitted that notice was provided; denied that Defendant Ackley is in default. On the contrary, Defendant Ackley is not in default for reasons more fully set forth ion New Matter. 11. Denied that any sums are due and owing and denied that Defendant Ackley is in default. Admitted that Defendant Ackley has not made any payment under the Note. 12. Denied, in accordance with paragraph 10. After reasonable investigation Defendant Ackley is without knowledge or information sufficient to form a belief as to the truth of the averment. 13. Denied that Defendant Ackley is liable, jointly or severally or in any manner, to Plaintiff under the Note, as more fully set forth under New Matter. NEW MATTER 14. Defendant has filed a praecipe to join Albert A. Biegun and Tamarrac Retirement Village & Golf Club, Inc. (Tamarrac) as Additional Defendants. 15. The Additional Defendant Albert A. Biegun, is an adult individual last known to reside at 85 Sury Circle North, Pinehurst, North Carolina 28374 and Additional Defendant Tamarrac upon information is believed to be a corporation organized under the laws of North Carolina, with address the same as that of Additional Defendant Albert A. Biegun. 16. Additional Defendant Biegun is the Chairman and CEO of Tamarrac. 17. On or about August 14, 1996, Additional Defendant Biegun did sign the Promissory Note marked as Exhibit A in his own behalf and as sole shareholder and Chairman and CEO of Tamarrac, the document being incorporated herein by reference as attached to Plaintiffs complaint (hereinafter Note). 18. Additional Defendants are also parties to the Agreement dated August 14, 1996, which incorporated therein the terms of the Note. A copy of said Agreement is incorporated herein by reference and is attached to Plaintiffs complaint marked as Exhibit B (hereinafter Agreement). 19. Additional Defendants are singly and solely liable; and, in the alternative, if not singly and solely liable, then jointly and severally liable for any sums due to Plaintiff under the Note and the Agreement, with parties other than Defendant Ackley. 20. Defendant Ackley has reason to believe that Additional Defendants procured Plaintiff to provide funds to Tamarrac for a period of one year, knowing or having reason to know that a proposed option to purchase land for development would not or could not be obtained and knowing or having reason to know that, even if an option were obtained and exercised, sufficient funds could not be obtained within one year for repayment to Plaintiff. 21. Further, Defendant Ackley has reason to believe that Plaintiff and Additional Defendants agreed or conspired to induce Defendant Ackley to enter into the Agreement and to sign the Note by representations concerning the accomplishment of certain conditions for development of the project, including the projection of revenues, issuance of stock ownership to Defendants in Tamarrac, control of the corporation, and other matters, which representations Plaintiff knew or had reason to believe were false and were intended to induce reliance, which Defendant did rely upon, to his detriment. Plaintiff knew or had reason to know that the project would not generate sufficient funds to pay off the note within only one year's time. 22. Plaintiff, knowing the project would not or was not likely to succeed, further sought for its own interests and the interests of its associates and/or partners to gain a degree of control over the project by requiring a position in the corporation by appointment of a principal of Plaintiff's or associates business entity either to a position on the board of directors or an officer within the Tamarrac corporation, and other benefits. 23. Plaintiff in cooperation or conspiracy with Additional Defendants knew or had reason to know that the proposed option to purchase land for development would not or could not be obtained. 24. Plaintiff also knew or had reason to know that Additional Defendants could not generate from the proposed property purchase sufficient funds in such a short time to repay the corporation. 25. As a result of the cooperation or conspiracy of Plaintiff and Additional Defendants, neither the Additional Defendant Tamarrac nor Defendant Ackley personally has been unable to obtain from the project sufficient funds to pay on the note, which was a condition of the Agreement and Note. 26. The only capacity in which Defendant Ackley signed the note was in the capacity as a member of the Board of Directors of Additional Defendant Tamarrac and not as a shareholder or beneficiary of the Defendant corporation. 27. Additional Defendants and Plaintiff knew or had reason to know that Defendant Ackley had no interest in the project, since they were issued no shares in the corporation. 28. In addition, Plaintiff charged an exorbitant rate of interest of 16%, knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the note, with the result that it would benefit from the high interest rate and generate fees to pay its counsel. 29. Defendant Ackley has reason to believe that Additional Defendants and Plaintiff have agreed or conspired in a manner and to a result that has suspended and discharged Defendant Ackley's obligations under the Note, as more fully set forth herein. 30. The averments herein are further buttressed by the fact that Plaintiff did not join Additional Defendants as parties defendants in this action, although it knew or should have known the whereabouts of Additional Defendants. 31. Therefore, Additional Defendants are solely liable to Plaintiff for the entire sum due under the Note and the Agreement, or in the alternative, liable over to Plaintiff. WHEREFORE, Defendant Ackley requests this Honorable Court to enter judgment in favor of Defendant and solely against Additional Defendants in a9y4mouutssclaimed by Plaintiff. August 26, 1999 TO PLAINTIFFS: John Broujos, EsquircU Attorn y for Defendant Ackley BR JOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 You are hereby notified to file a written response to Ac enclosed N Mat ithin twenty (20) days from service hereof or a judgment may be en •re aga st o . John H Broujos, Attorney f Defendant rc a ) F c r -n t.' :u U cn cJ I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 08/26/99 C*Oe Ackley; 111 - - ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs V. GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 99.4107 CIVILTERM CIVIL ACTION-LAW PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for Defendant George W. Ackley, 111. August 12, 1999 C: -Christopher C. Houston, Esquire Charles Gerow, Esquire oro ujos, Esquire A .D. No. 06268 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 PAX 717/243-8227 ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiff V. GEORGE W. ACKLEY, 111, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM :CIVIL ACTION -LAW IN ASSUMPSIT V. ALBERT A. BIEGUN Additional Defendant TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC Additional Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff or Defendants. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. In Cumberland County, Pennsylvania: Cumberland County Liar Association Two Liberty Avenue Carlisle. PA 17013 717-249-3166 ROBERT J. BRACKEN and GERALD.1. WOMBLE, Plaintiff V. GEORGE W. ACKLEY,111, and HENRY W. TREFFINGER, III, Defendants V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL ACTION -LAW IN ASSUMPSIT ALBERT A. BIEGUN Additional Defendant TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC Additional Defendant ADDITIONAL DEFENDANT COMPLAINT AND NOW comes Defendant George W. Ackley. Ill, by his attorney, John H. Broujos, Esquire, and avers as follows: 1. Plaintiffs, Robert J. Bracken and Gerald J. Womble, filed a Complaint against Defendants, George W. Ackley, III and Henry W. Treffinger, Ill, a copy of which is attached hereto and made a part hereof as if set forth in full without admitting the truth of the averments therein. 2. Plaintiff Robert J. Bracken, is an adult individual, currently residing at c/o Bracken & Associates, P.A., P.O. Box 532, Sanford. North Carolina. 3. Plaintiff Gerald J. Womble, is an adult individual, currently residing at c/o Bracken & Associates, P.A., P.O. Box 532, Sanford. North Carolina. 4. Defendant George W. Ackley, III, is in adult individual, currently residing at 11 16 Stratford Drive, Carlisle, Cumberland County. Pennsylvania. Defendant Henry W. Treffinger. 111, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 6. Additional Defendant Albert A. Biegun, is an adult individual last known to reside at 85 Surry Circle North, Pinehurst, North Carolina 28374. Additional Defendant Tamarrac Retirement Village & Golf Club, Inc., (hereinafter Tamarrac), upon information is believed to be a corporation organized under the laws of North Carolina, with address the same as that of Additional Defendant Albert A. Biegun. 8. Additional Defendant Biegun is the Chairman and CEO of Tamarrac. 9. Plaintiffs allege that Defendants did sign a Promissory Note (hereinafter Note), a copy of which is attached to Plaintiffs' Complaint which is attached hereto. (Plaintiffs' Complaint, paragraph 5). 10. Plaintiffs allege that Defendants are parties to an Agreement dated August 14, 1996 (hereinafter Agreement) which incorporated the terms of the Note. A copy of said Agreement is attached to Plaintiffs' Complaint which is attached hereto (Plaintiffs' Complaint, paragraph 6). 11. Plaintiffs allege that the Note and Agreement provided that payment for principal and interest due under the Note would be due on or before August 15, 1997, and that such payment has not been made and Defendants are now in default of the terms ofthe Note. (Plaintiffs' Complaint, paragraphs 7-8) 12. Plaintiffs allege that there is due and owing as of June 22. 1999, the following amounts: Principal $25.000.00 Interest 7.408 26 (through 6/22/99) Attorney's Fees 4.861.24 Total $37.269.50 13. Defendant has joined Additional Defendants Biegun and Tamarrac alleging that they are singly and solely liable over to plaintiffs; or, in the alternative, if not singly and solely liable, then jointly and severally liable for any sums due to Plaintiff's under the Note and Agreement, with parties other that Defendant Ackley. 14. Additional Defendant Biegun, as an individual and in his official capacity as Chairman and CEO of Tamarrac, did also sign the Note and Agreement, and is therefore liable over to Plaintiffs for any defaults or claims found. 15. Defendant further avers that Additional Defendant Biegun, as an individual and in his official capacity as Chairman and CEO of Tamarrac, did make representations to Defendants concerning certain events, knowing them to be false or having reason to believe that they were false and intending them to be relied upon, which Defendants did rely upon to their detriment; events such as the availability of funding to repay the notes, the prospects of funding for an option to purchase land, use of money from the notes for development of the project, and related events which would occur between the signing of the Notes and Agreements with Bracken and Womble and Sanford Contractors, Inc., and August 15, 1997. 16. Defendant Ackley has reason to believe that Additional Defendants procured Plaintiffs to provide funds to Tamarrac for a period of one year, knowing or having reason to know that a proposed option to purchase land for development would not or could not be obtained and knowing or having reason to know that, even if an option were obtained and exercised, sufficient funds could not be obtained within one year for repayment to Plaintiffs on the notes and prosecution of the project. 17. Further, Defendant Ackley has reason to believe that Plaintiffs and Additional Defendants agreed or conspired to induce Defendant Ackley to enter into the Agreement and to sign the Notes by representations concerning the accomplishment of certain conditions for development of the project, including the projection of revenues, issuance of stock ownership to Defendants in Tamarrac, control of the corporation, and other matters, which representations Plaintiffs knew or had reason to know and believe were false and which were intended to induce reliance, which Defendant did reasonably rely upon, to his detriment. 18. Plaintiffs and Additional Defendants knew or had reason to know that the project would not generate sufficient funds to pay off the note within only one year's time. 19. Plaintiffs, knowing the project would not or was not likely to succeed, further sought for its own interests and the interests of its associates and/or partners to gain a degree of control over the project by requiring as a condition of the loan a position in the corporation by appointment of a principal of Plaintiffs' or associates' business entity either to a position on the board of directors or as an officer within the Tamarrac corporation, and other benefits. 20. Additional Defendants in cooperation or conspiracy with Plaintiffs knew or had reason to know that the proposed option to purchase land for development would not or could not be obtained. 21. Plaintiff's and Additional Defendants also knew or had reason to know that the proposed property purchase could not generate sufficient funds in such a short time to repay the corporation. 22. As a result of the cooperation or conspiracy of Plaintiffs and Additional Defendants, neither Additional Defendant Tamarrac nor Defendant Ackley have been able to obtain from the project sufficient funds to pay on the note, which was an underlying verbal condition of the Agreement and Note. 23. The only capacity in which Defendant Ackley signed the note was in the capacity as a member of the Board of Directors of Additional Defendant Tamarrac and not as a shareholder or beneficiary of the Defendant corporation. 24. Additional Defendants and Plaintiffs knew or had reason to know that Defendant Ackley had no financial interest or ownership in the corporation and the project, since they were issued no shares in the corporation. There was no written agreement indicating the share or interest of Defendant Ackley in the project. 25. In addition, Plaintiffs charged an exorbitant rate of interest of 16%, knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the note, with the result that it would benefit from the high interest rate and generate fees to pay its counsel. 26. Defendant Ackley has reason to believe that Additional Defendants and Plaintiffs have agreed or conspired in a manner and to a result that has suspended and discharged Defendant Ackley's obligations under the Note. 27. The averments herein are further buttressed by the fact that Plaintiffs did not join Additional Defendants as parties defendants in this action, although it knew or should have known the whereabouts of Additional Defendants. 28. Additional Defendants, in the person of Additional Defendant Biegun, as principal, agent, servant, and officer, used the funds generated for his sole use and purpose, including for protracted periods housing, food, and other personal living and maintenance expenses, all of which were not necessary for the purpose of the project. The result was that the moneys advanced by Plaintiffs were advanced to Additional Defendants, together with other funds obtained by Defendants, which were dissipated without any prospect of being repaid from the project. 29. Therefore. Defendant has no obligation to Plaintiff's and Additional Defendants are solely liable over to Plaintiffs for the entire sum due under the Note and the Agreement. WHEREFORE, Defendant Ackley requests this Honorable Court to enter judgment in favor of Defendants and solely against Additional Defendants in any amounts found to be due to Plaintiffs. September 20, 1999 John P. Broujos, Esquik Atto ey for Defendant Ackley BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. i ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- y/O? CIVIL TERM CIVIL ACTION - LAW : IN ASSUMPSIT i You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 Bracken Complaint ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99- L110'I CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT COMPLAINT AND NOW, comes the Plaintiffs, Robert J. Bracken and Gerald J. Womble, by and through their attorney, Christopher C. Houston, Esquire, who aver as follows: 1 1 r The Plaintiff Robert J. Bracken, is an adult individual, currently residing at c/o Bracken & Associates, P.A., P. 0. Box 532, Sanford, North Carolina. 2 The Plaintiff Gerald J Womble, is an adult individual, currently residing at C/o Bracken & Associates, P.A., P. 0. bor. 532, Sanford, North Carolina. 3,. The Defendant George W. Ackley, III, is an adult individual, currently residing at 1116 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 4 The Defendant Henry W. Treffinger, III, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 5 a on or about August 14, 1596, the Defendants did sign a Promissory Note, a copy of which is attached hereto marked as Exhibit "A" and incorporated herein by reference (hereinafter "the Note"). 6 1, Plaintiffs and Defendants are parties to an Agreement dated August 14, 1996, which incorporated therein the terms of the Note and which was executed the same date as the Note. A copy of said Agreement is attached hereto marked as Exhibit "H" and incorporated herein by reference. 7 n The Note and the Agreement provided that payment would be made to Plaintiffs for the principal and interest due under the Note on or before August 15, 1997. 8 - l Defendants are in default of the terms of the Note in having failed to make payment when due. 9 The Plaintiffs did provide written notice to each of the named Defendants of their default under the terms of the Note giving them ten (10) days within which to cure the default, with a copy of said Notice being attached hereto and marked as Exhibit "C', and incorporated herein by reference. 10 ' The Defendants have failed to cure their default under the terms of the Note and continue to be in default, having failed to pay the sums due and owing under the terms of the Note. 11 There is due and owing as of June 22, 1999, the following amounts: Principal $ 25,000.00 Interest 7,408.26 (through 6/22/99) Attorney's Fees 4.861.24 Total $ 37,269.50 12 The Defendants are jointly and severally liable on the obligation due and owing to Plaintiffs in accordance with the terms of the Note. WHEREFORE, the Plaintiffs request this Honorable Court to enter judgment in favor of the Plaintiffs and against the Defendants, jointly and severally, in the sum of $37,269.50 plus interest at $10.96 per day from June 22, 1999, attorney's fees and costs. Respectfully submitted, Christopher`t. Houston, Esquire Attorney for Plaintiffs 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hang and the seal of said C at Carlisle, Pa. ThlS, L T ay of ,.A, 19LL- IPMhonotary 'Iaw: IN rw...I,w,I,M WI Wen Wdbd In AI IM .4 of -.to- PROMISSORY NOTE 25.000.00 f11t VAllN offJMOIW utbmyml, flb.trml.INentY, I.rIn:W NIarN ?''a Naor. Count .14 C. _wall_J, J(ackeniM. uses J J., Yomb l a__ IMp.mlpoluaor --Tweab-el.. Podr, t8111AS1S 15.000.00 she date h f ,NMrwN -[lateen PM mN 1 J?QfI pN.mn.n M eM YI1paY bwnt, umU peed p umY d.Wil, bpM1 PN.Ip.I.M WNe. AmPlee. NlMaAkrW tha hold, wr.Ye f h Not, I. w•ful maNr Merv untad anllN In one lump euN of principal and Interest on or before August 15. 1991. gels Note MAY be prapaid without p.naltr. N naob,In Y,IMmMrenuWnpN4Wyrw.. Wtlmtlwe.MpryaYlon • e 15 1.91 ..h osh um odad ll buh.r.YMhh IN .Nderpoled to lM;; W pin,4W. MNIId. M aOphd Am W p.Mm al ImfrN than Pnml •M due en the rMaM dµW -do pOINA, Am now INNm MN,pNUkrwpm.dpm.,anblpeprmmrdw[WrpWdmlml.tlmen. rem tltlr KM ,rd Y _. _.. _._ , ...n v.nnm Plwwa1Nk111yIyIPIPnIdwPUw _ ?• -•-•-•••n..n.n. IhN NNrNp WtPPmd.M eamnaw"' dNN. 1t t baloe SwNNfbnh GmYlu. rkhlNPwMamfoltlMn.I.nodwrlNm ThN NOMN[Mn for an aetua loan" ,.Mb..ewW4r• w i[Stb10NT WI;[a10t, adl tblpanN out. M. tmrmd IAN Instrument to be executed In fit corpanla .me In, lu meddon,amo adbrel .eMp.tlald..lb101dMOt NI tpNdpl(flle(tpntMtl aCppPNIMdb M as. am &b. awm. JrtFmgdmd.r.M ? V111.5. t f if PI F Ir SrTlfn ddm Smnl.rr Kapp. Se.0 FarmrNr w.wl .T[-ST a odam Uonal como rw Se.O . I.C. Bar Alw, tam W. 4 0 IN., tMW 0 1"S, Wy M a.. WAIL , f MAII EXHIBIT n[All A WAU PFkh Ma n/s INnunrIWM1,n UMeN.Nxre.d MMW a hkW INnwd?YWIpo Ary byda FN na:M M day and rear Arm .Nwe mmnn. [ A. 01At1 ck OUu u 0 0tn Henq a[f ln?er NORTH CAROLINA r k Apr *-IF me * MOORE COUNTY AGREEMENT This Agreement is made this 4/-day of 1996, by and between Tamarrac Retirement Village & Golf Club, Inc.( hereinaft referred to as "Tamarrac"), Sanford Contractors, Inc., a North Carolina Corporation( hereinafter referred to as "SCI"), Robert J. Bracken( hereinafter referred to as "Bracken"), and Gerald J. Womble( hereinafter referred to as "Womble"). WITNESSETH: Whereas, Tamarrac is in the process of obtaining an option to purchase certain property located on Highway 15-501 in Moore County, North Carolina for development as a golf course community; and whereas, Tamarrac is in need of capital to pursue said option and the development of said project; and whereas, SCI, Bracken & Womble have agreed to loan capital to Tamarrac according to the terms set forth herein. Now, Therefore, in consideration of the mutual promises and covenants contained herein, the parties hereto hereby agree as follows; 1. SCI shall loan to Tamarrac the sum of $25,000.00 to be repaid in one lump sum of principal and interest on or before August 15, 1997. Interest shall be due on said amount from Tamartac in the amount of sixteen percent(16.0%a) per annum to the date of payment. This Note shall be personally guaranteed by Albert A. Biegun, George Ackley and Henry Treffinger. In addition, SCI shall have a right of first refusal on all site and roadway work to be done in the Tamarrac development long as h?td,for such work does not exceed the lowest bid by more than ten percent(mwo)Zpercent. ? Sa."?°W 2. Bracken and Womble shall together loan to Tamarrac the sum of $25,000.00 to be repaid in one lump sum of principal and interest on or before August 15, 1997. Interest shall be due on said amount from Tamarrac in the amount of sixteen percent(16.0%) per annum, to the date of payment. This Note shall be personally guaranteed by Albert A. Biegun, George Ackley, and Henry Tref linger. In addition, Bracken shall have a right of first refusal on all engineering iPd and surveying work in the Tamarrac development as long as hi fogQ,gy, ?uch work does not 9 exceed the lowest bid by more than ten percent(+6%f pWrc?r driible shall have s Agmef ha®eat" 3. The Notes set forth as Exhibits to this Agreement payable to SCI and to Bracken and Womble are incorporated herein by reference and shall be separately executed by Tamarac and the guarantors. 4. Failure by Tamarrac to pay according to the terms of said Notes or to otherwise comply with this'Agreement shall entitle the party or parties not so paid or provided with project work as set forth herein to pursue their legal remedies against Tamarrac and the guarantors irrespective of whether compliance with the Agreement is occurring with the other parties. SCI, Bracken and Womble shall be entitled to co: ect court costs, reasonable attorneys fees, lost profits, consequential damages and any other remedy allowed by the laws of the State of North Carolina from Tamarrac or the guarantors in the event there is a failure to comply with any term (3EN t:ZAt Co NSTQ 4GT ION ON A?.L Tq ry,gQCAC ?'o pC2'TK Q'c '1tSrt>•AQR?C'? orr? EXHIBI' 1B of this Agreement. 5. This Agreement shall be governed by the laws of the State of North Carolina. assigns. This Agreemment shall be binding upon the parties hereto, their heirs, successors and This the day and year first above written. Sanfot?d?ittra nc. By: Qi/ President (bhAL) Inc_ i. St d. 01 tst on he nd ice and he, the 11Q )y : bed t hi- •, tht GUARANTOttc- Attest: .?G (SEAT.) Secretary Christopher C. Houston Attorney at Law 52 West Pomfret Street Carlisle, Pennsylvania 17013 717-241-5970 Facsimile: 717-241-6970 May 12, 1999 Mr. Henry W. Treffinger, III 6 Stewart Drive Carlisle, PA 17013 Mr. George W. Ackley, III 1116 Stratford Drive Carlisle, PA 17013 RE: Taaniarac Retirement Village and Golf Club, Inc./Sanford Contractors, Inc./Robert J. Bracken, Gerald J. Womble Dear Mr. Treffinger and Mr. Ackley: Please be advised that I represent Sanford Contractors, Inc., Robert J. Bracken, and Gerald J. Womble. As you are aware, there is due and owing to Sanford Contractors, Inc. the sum of $25,000 plus interest on a Note signed by each of you on August 14, 1996. Furthermore, there is due and owing to Messrs. Bracken and Womble the sum of $25,000 plus interest on a Note signed by each of you on August 14, 1996. As you are further aware, the Notes provided that the indebtedness due and owing to my clients was payable on August 15, 1997. In accordance with the terms of the Notes, you are hereby given ten (10) days within which to cure the default. There is due and owing on each of the Notes calculated through today's date the sum of $31,958.90. Interest continues to accrue on each of the Notes at the rate of $10.96 per day. Should the default under the Notes not be cured within the aforesaid time period, we shall have no other choice but to proceed with the filing of a Complaint for a collection for the full amount due and owing which will include a claim for attorney's fees and other expenses as provided for under the Notes. Very truly yours, kb Christopher C. Houston cc: Roberti. Bracken, et al. EXHIBIT I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. I UJI ERALD J. OMBLE , I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ROBERT J. RACKF.N r• ?- cv n ?LII Q l?.-?i F cr i 1 U. V f1 ' -J U , J ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs, V. GEORGE W. ACKLEV, III, and HENRY W. TREFFINGER, III, Defendants. v. ALBERT A. BIEGUN and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA 99.410 CIVIL TERM CIVIL ACTION LAW IN ASSUMPIT PRAECIPE TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY: Please issue a Praecipe to join Tamarrac Retirement Village & Golf Club, Inc. at c/o Albert A. Biegun, Chairman and CEO, 111 South Glenwood Trail, Southern Pine, North Carolina, and Albert A. Biegun, at 11 I South Glenwood Trail, Southern Pines, North Carolina 28387 as Additional Defendants in the above-captioned matter. August 2F 1999 John for Defendant Ackley BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX # 717/243-8227 i J aw IJ. U Ol (T CJ L H? 0 v i Oh z c H N H 1-I UJ 44 44 a) H E? 3 N G v 7 G N E N N v a u m H N E E E •a Q A A W H O W A 'r JJ ry U Q 010 W ? O z U } N p w? ? l S CS r 3 Q a ? ? N?? O ? H Op p frt ?f d N ? a l ' U e Cumberland County, ss : The Commonwealth of Pennsylvania to Tamarrac Retirement villa= s, (Name of Addkional Defendant) Golf Club Inc. - Albert A Bieaun You are notified that George W Ackley III - Atty John Brnnina (Name (s) of Defendant (s) ) & Gerald J. Womble has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date August 30, 1999 (SEAL) -Tamarrac Retirement village & Golf Club Inc C/O Albert A. Biegun, Chairman & CEO 111 South Glenwood Trail South Pine, North Carolina -Albert A. Biegun 111 South Glenwood Trail South Pines, North Carolina 28387 ROBERT J. BRACKEN and : IN THE. COURT OF COMMON PLEAS OF GERALD J. WOMBLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 99-4107 CIVIL TERM CIVIL ACTION - LAW GEORGE W. ACKLEY, III, and : HENRY W. TREFFINGER, III, : IN ASSUMPSIT Defendants . V. ALBERT A. BIEGUN Additional Defendant TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC Additional Defendant CERTIFICATE OF SERVICE 1, John H. Broujos, Esquire, hereby certify that I have served a true and correct copy of the foregoing Additional Defendant Complaint on the following persons and at the following addresses by United States, First Class Mail, on September 21, 1999: Albert A. Biegun 11 1 South Glenwood Trail Southern Pines, NC 28387 (Restricted Delivery) Tamarrac Retirement Village & Golf Club, Inc. c/o Albert A. Biegun 1 1 1 South Glenwood Trail Southern Pines. NC 28387 (Restricted Delivery) Christopher C. Houston. Esquire Attorney for Plaintiffs 52 West Pomfret Street Carlisle, PA 17013 Charles Gerow, Esquire 510 5 Trindle Road Broujos & Gilroy. P.C1, 4 North Hanover Street Carlisle, PA 17013 c U!>! CJc< N _•??-<Sj ter. N .J LLI [1i L V i m m ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs V. GEORGE W. ACKELY, III and HENRY W. TREFFINGER, III Defendants V. ALBERT A. BIEGUN Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT ANSWER AND NEW MATTER AND NOW, comes Answering Defendant, Henry W. Treffinger, III, by and through his attorney, Charles R. Gerow, Esquire, and files this Answer and New Matter and sets forth the following: 1. Denied. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of this averment. Strict proof is demanded at the time of trial. 2. Denied. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of this averment. Strict proof is demanded at the time of trial. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted upon information and belief. 6. Admitted. 7. Admitted. 8. Denied. Answering Defendant is without sufficient information, after reasonable investigation, to form a judgment as to the truth or falsity of this averment. Strict proof of the same is demanded at the time of trial. By way of further answer, it is admitted that Answering Defendant has personally made no payments under the terms of the Note. It is denied that Answering Defendant is in default, as more fully set forth in his New Matter. 9. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of this averment. Strict proof of the same is demanded at the time of trial. By way of further answer, it is admitted that Answering Defendant was served with the notice attached as Exhibit "C." It is denied that Answering Defendant is in default, by way of further answer, Answering Defendant has reason to believe that Defendant Ackley is not in default under the terms of the Note as more fully set forth in New Matter. 10. Denied. It is specifically denied that Answering Defendant is in default and it is Answering Defendant's belief that Defendant Ackley is not in default of the terms of the Note as more fully set forth in New Matter. 11. Denied. It is denied that any sums are due and owing on the part of Answering Defendant and it is further denied that Answering Defendant is default. It is admitted that Answering Defendant Treffinger has not made any payments personally under the terms of the Note. 12. Denied. Said averment is a conclusion of law to which no responsive pleading is required. By way of further answer, it is specifically denied that Answering Defendant Treffinger is liable, jointly or severally or in any other manner, to the Plaintiff under the Note as more fully set forth under New Matter. WHEREFORE, Answering Defendant Treffinger respectfully requests this Honorable Court to enter Judgment in his favor and against Plaintiffs. NEW MATTER 13. Defendant Ackley has filed a Praecipe to join Albert A. Biegun and Tamarrac Retirement Village & Golf Club, Inc. (Tamarrac) as additional Defendants, and Answering Defendant joins in such action and additionally has filed his own Praecipe to Join Additional Defendants. 14. Additional Defendant Albert A. Biegun is an adult individual whose last known address was 85 Surry Circle North, Pinehurst, North Carolina 28374. Additional Defendant Tamarrac, upon information received, is believed to be a North Carolina corporation, with an address at 85 Surry Circle North, Pinehurst, North Carolina 28374. 15. Additional Defendant Biegun is the chairman and CEO of Tamarrac. 16. On or about August 4, 1996, additional Defendant Biegun did sign the Promissory Note which is marked as Plaintiffs Exhibit "A," both in his own right and as sole shareholder and chairman and CEO of Tamarrac. The Note is being incorporated herein by reference as attached to Plaintiffs Complaint as Exhibit "A" (hereinafter "Note"). 17. Furthermore, additional Defendants are also parties to the agreement which incorporated therein the terms of the Note and which Plaintiffs attached as Exhibit "B." The Agreement is incorporated herein by reference (hereinafter "Agreement"). 18. Additional Defendants are singly and solely liable, and, in the alternative, if not found to be singly and solely liability, then jointly and severally liable for any sums due to Plaintiff under the terms of the Note and the Agreement, with parties other than Answering Defendant Treffinger. 19. Answering Defendant Treffinger has reason to belief that the additional Defendants induced Plaintiff to provide funds to Tamarrac knowing or having reason to know that a proposed option to purchase land for development would not or could not be obtained and knowing or having reason to know that, even if said option were obtained and exercised sufficient funds would not be d obtained within the one year period set for repayment to Plaintiff. 20. Additionally, Answering Defendant Treffinger has reason to believe that Plaintiff and additional Defendants agreed or conspired to induce Answering Defendant to enter into said Agreement and to sign the Note by representations concerning the accomplishments of certain conditions precedent to the development of the project, including the projection of revenues, issue of stock ownership to Answering Defendant in Tamarrac, directorship and/or control of the corporation Tamarrac, and other matters which representations Plaintiff knew or had reason to know were false and were intended to induce reliance, upon which Answering Defendant did rely, to his detriment. Plaintiff knew or had reason to know that the project would not generate sufficient funds to pay off under the terms of the capital and Note within a single years' time. 21. Plaintiff, knowing the project would not or was not likely to succeed, further sought for its own interests and the interests of its associates and/or partners to gain a degree of control over the project by requiring a position in the corporation by appointment of a principle of Plaintiffs or associate's business entity either to a position on the Board of Directors or as an officer or director within the Tamarrac corporation together with other benefits. 22. Plaintiff, in cooperation or conspiracy with additional Defendants, knew or had reason to know that the proposed option for the purchase of land for development would not or could not be obtained or, if able to be obtained, would not be done in sufficient time or with sufficient capitalization or other funds to pay off the Note within one years' time. 23. Plaintiff also knew or had reason to know that additional Defendants could not generate from the proposed property to purchase sufficient funds within time to repay the Note. 24. As a result of the cooperation or conspiracy of Plaintiff and additional Defendants, neither the additional Defendants nor Answering Defendant personally has been able to obtain from the project sufficient funds to make payments on the Note which was a condition of the Agreement and Note. 25. The only capacity in which Answering Defendant Treffinger signed the Note was in his capacity as an officer or director or employee of additional Defendant Tamarrac, and not as a shareholder or beneficiary of the Defendant corporation. 26. Additional Defendants and Plaintiffs knew or had reason to know that Answering Defendant Treffinger had no interest in the project. 27. Plaintiffs claimed rate of interest of 16% is against public policy. Additionally, Plaintiff charged such an exorbitant rate of interest (16%), knowing or having reason to know that the project would not generate the funds necessary to pay under the terms of the Note with the result that it would benefit from the disproportionately high rate of interest and additionally generate fees to pay its counsel. 28. Answering Defendant Treffinger has reason to belief that additional Defendants and Plaintiffs have agreed or conspired in a manner and to a result that has suspended and discharged Answering Defendant Treffinger's obligations under the Note, as more fully set forth herein. 29. Plaintiff did not join additional Defendants as parties to this action, on account of the agreements or conspiracy to do the acts set forth hereinabove. 30. Therefore, additional Defendants are solely liable to Plaintiff for the entire sum due under the Note and the Agreement, or in the alternative, liable over to Plaintiff or Answering Defendant. WHEREFORE, Answering Defendant Treffinger respectfully requests this honorable Court to enter judgment in favor of Defendant and against Plaintiff or solely against additional Defendants in any amounts claimed by Plaintiff. Respectfully submitted, Charles R. Gerow, quire Attorney for Henry W. Treffinger, I I I 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 975-3536 TO THE PLAINTIFFS: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. 6?i/ Charles R. Gerow, quire Attorney for Defendant Treffinger VERIFICATION I, Henry W. Treffinger, III, hereby certify and verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE: It::m9 /S /94f H W. Treffinge CERTIFICATE OF SERVICE x AND NOW, on this A* day of September, 1999, I, Charles R. Gerow, hereby certify that I have served the Answer and New Matter by mailing a true and correct copy by United States first class mail, postage prepaid to: John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Christopher C. Houston, Esquire 52 West Pomfret Street Carlisle, PA 17013 ??l Charles R. Gero(v n` r) W cl- C; v p + a CC Q n U i C,J Bracken Treffinger Ane ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants v ALBERT A. BIEGUN, Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC., Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT ANSWER TO NEW MATTER OF DEFENDA*T HENRY W. TREFFTNOER III AND NOW, comes the Plaintiffs, Robert J. Bracken and Gerald J. Womble, who file this Answer to New Matter of Defendant Henry W. Treffinger, III, as follows: Admitted. 13 14 It is admitted that the Additional Defendant Albert A. Biegun is an adult individual. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 14 and they are, therefore, deemed to be denied. 15 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 15 and they are, therefore, deemed to be denied. 16 Admitted in part and denied in part. It is admitted that Additional Defendant Biegun did sign the Promissory Note marked as Exhibit "A" to Plaintiffs, Complaint in his own behalf. It is specifically denied that the Promissory Note was signed by Additional Defendant Biegun "as sole shareholder and chairman and CEO of Tamarrac." The Promissory Note speaks for itself. 17 Admitted. 18 Admitted in part and denied in part. It is specifically denied that Additional Defendants are singly and solely liable. It is admitted that the Additional Defendants are jointly and severally liable for the sums due to Plaintiff with all other parties who signed the Promissory Note, including Defendant Treffinger. 19 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 19 and they are, therefore, deemed to be denied. 20 Denied. It is specifically denied that the Plaintiffs agreed or conspired with anyone to induce Defendant Treffinger to enter into the Agreement and to the sign the Note. By way of further answer, Plaintiffs made no representations to Defendant Treffinger concerning the accomplishment of conditions for development of the project, projection of revenues, issuance of stock ownership, control of the corporation, or other matters to induce Defendant Treffinger to sign the Agreement and Note. Further, Plaintiffs specifically deny that they knew or had reason to know that the project would not generate sufficient funds to pay off the Note within one year's time. By way of further answer, Defendants Ackley, Treffinger, and Additional Defendant Biegun assured Plaintiffs that they would be repaid within one year and to induce the Plaintiffs to lend the money for the subject project produced Ken Venturi, a former pro golfer, who was to be involved in the project, as evidence of the viability of the project. By way of further answer, Defendants Ackley, Treffinger, and Additional Defendant Biegun advised that architect Andy Sullivan, a well-known architect, would be involved in the project, which further induced Plaintiffs to lend money for the project. 21 Denied. It is specifically denied that Plaintiffs knew the project would not or was not likely to succeed. It is further specifically denied that the Plaintiffs sought for their own interest and the interest of their associates and/or partners to gain a degree of control of the project by requiring a position in Tamarrac, as averred in the Complaint. 22 Denied. Plaintiffs did not cooperate or conspire with Additional Defendants as averred in the Complaint. It is further specifically denied that Plaintiffs knew or had reason to know that the option to purchase land for the development would not or could not be obtained or, if able to be obtained, would not be done in sufficient time or with sufficient capitalization or other funds to pay off the Note within one year's time. 23 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 23 and they are, therefore, deemed to be denied. 24 Denied. It is specifically denied that Plaintiffs cooperated or conspired with Additional Defendants or Defendant Treffinger to obtain funds to repay the Note. It is specifically denied that repayment of the Note and performance of the Agreement was conditioned on obtaining funds from the project. 25 Denied. It is specifically denied that Defendant Treffinger signed the Note only is his capacity as an officer or director or employee of additional Defendant Tamarrac. By way of further answer, Defendant Treffinger signed the Note in his individual capacity. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 25 and they are, therefore, deemed to be denied. 26 Denied. It is specifically denied that Plaintiffs knew or had reason to know that Defendant Treffinger had no interest in the project. By way of further answer, the Plaintiffs, to the contrary, had been advised that Defendant Treffinger did have an interest in the project, as evidenced by his execution of the Agreement and Note as a guarantor and as confirmed by the fact that Defendant Treffinger was the secretary of Additional Defendant Tamarrac. 27 Denied. It is specifically denied that an agreed-upon rate of interest of sixteen per cent (16%) is against public policy. It is further denied that sixteen per cent (16%) is an exorbitant rate of interest. By way of further answer, Defendants Ackley, Treffinger, and Additional Defendant Biegun induced Plaintiffs to lend them money for the project by offering an interest rate of sixteen per cent (16%) in an effort to assure Plaintiffs that the project would succeed. The Plaintiffs further deny knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the Note. 28 After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 28 and they are, therefore, deemed to be denied. 29 Denied. It is specifically denied that Plaintiffs did not join Additional Defendants as parties to this action on account of any agreement or conspiracy to do the acts as averred by Defendant Treffinger in his Answer and New Matter. 30 Denied. Defendants Ackley, Treffinger, and Additional Defendants Siegun and Tamarrac are jointly and severally liable to Plaintiffs on the amounts claimed by Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in favor of Plaintiffs and against Defendants, jointly and severally, for the sums as set forth in Plaintiffs' Complaint. Respectg,Li.;ly submitted, Christopher C.`Houston, Esquire Attorney for Plaintiffs 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ROBERT J. B CKEN I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. GERALD J. W BLE ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs V GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants v ALBERT A. BIEGUN, Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC., Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL, ACTION - LAW IN ASSUMPSIT CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, hereby certify that on this date I served the foregoing Answer to New Matter of Defendant Henry W. Treffinger, III, by first class mail, postage prepaid, upon the following: John 11. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Date:_ JU I Charles R. Gerow, Esquire 5115 East Trindle Road M icsburg, PA 17055 Christopher C. Houston, Esquire 57 West Pomfret Street Carlisle, PA 17013 717-241-5970 } a) ti L• • r .. EL 7r.: ROBERT J. BRACKEN, IN THE COURT OF COMMON PLEAS OF GERALD J. WOMBLE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. GEORGE W. ACKLEY, III, HENRY W. TREFFINER, III, TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC.,: ALABERT A. BIEGUN, Defendants CIVIL ACTION - LAW No. 99-4107 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a letter from Defendants, counsel, John H. Broujos, Esquire, requesting that the case remain active, and no objection having been presented in open court to the request, the Defendants request is granted, the case is stricken from the purge list, and the case shall remain active. By the Court, Christopher Houston, Esquire For the Plaintiffs John H. Broujos, Esquire For the Defendants Court Administrator wcy 116hc,,?, ,K"k. Il?l?i -01 J? v.... Bracken Ans ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants v ALBERT A. BIEGUN, Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC., Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT ANSWER TO NEW MATTER OF DEFENDANT GEORGE W. ACKLEY, III AND NOW, comes the Plaintiffs, Robert J. Bracken and Gerald J. Womble, who file this Answer to New Matter of Defendant George W. Ackley, III, as follows: 14 Admitted. 15 It is admitted that Additional Defendant Albert A. Biegun is an adult individual. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of. Paragraph 15 and they are, therefore, deemed to be denied. 16 After reasonable investigation, Plai.nLiff.s are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 16 and they are, therefore, deemed to be denied. 17 Admitted in part and denied in part. It is admitted that Additional Defendant Biegun did sign the Promissory Note marked as Exhibit "A" to Plaintiffs' Complaint in his own behalf. It is specifically denied that the Promissory Note was signed by Additional Defendant Biegun "as sole shareholder and Chairman and CEO of Tamarrac." The Promissory Note speaks for itself. By way of further answer, Defendant Ackley signed the Promissory Note as President of. Additional Defendant 'Pamarrac. 18 Admitted. 19 Admitted in part, denied in part. It is specifically denied that Additional Defendants are singly and solely liable. It is admitted that the Additional Defendants are jointly and severally liable for the sums due to Plaintiff. 20 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 20 and they are, therefore, deemed to be denied. 21 Denied. It is specifically denied that Plaintiffs agreed or conspired with anyone to induce Defendant Ackley to enter into the Agreement and to sign the Note. By way of further answer, Plaintiffs made no representations to Defendant Ackley concerning the accomplishment of conditions for development of the project, projection of revenues, issuance of stock ownership, control of the s, corporation, or other matters to induce Defendant Ackley to sign the Agreement and Note. Further, Plaintiffs specifically deny that j; they knew or had reason to know that the project would not generate sufficient funds to pay off the Note within one year's time. By z way of further answer, Defendants Ackley, Treffinger, and sF? Additional Defendant Biegun assured Plaintiffs that they would be t repaid within one year and to induce the Plaintiffs to lend the money for the subject project produced Ken Venturi, a former pro golfer who was to be involved in the project, as evidence of the viability of the project. By way of further answer, Defendants Ackley, Treffinger, and Additional Defendant Biegun advised that architect Andy Sullivan, a well-known architect, would be involved in the project, which further induced Plaintiffs to lend money for the project. 22 Denied. it is specifically denied that Plaintiffs knew the project would not or was not likely to succeed. It is further specifically denied that the Plaintiffs sought for their own interest and the interest of their associates and/or partners to gain a degree of control of the project by requiring a position in Tamarrac, as averred in the Complaint. 23 Denied. Plaintiffs did not cooperate or conspire with Additional Defendants as averred in the Complaint. It is further denied that Plaintiffs knew or had reason to know that the option to purchase land for the development would not or could be obtained. 24 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 24 and they are, therefore, deemed to be denied. 25 Denied. It is specifically denied that Plaintiffs cooperated or conspired with Additional Defendants to prevent Additional Defendant Tamarrac or Defendant Ackley to obtain funds to repay the Note. It is specifically denied that repayment of the Note and performance of the Agreement was conditioned on obtaining funds from the project. 26 Denied. It is specifically denied that Defendant Ackley signed the Note only in his capacity as a member of the Board of Directors of Additional Defendant Tamarrac. By way of further answer, Defendant Ackley signed the Note individually. After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 26 and they are, therefore, deemed to be denied. 27 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 27 and they are, therefore, deemed to be denied. 28 Denied. It is denied that 16 per cent is an exorbitant rate of interest. By way of further answer, Defendants Ackley, Treffinger, and Additional Defendant Biegun induced Plaintiffs to lend the money for the project by offering an interest rate of 16 per cent, in an effort to assure Plaintiffs that the project would succeed. Plaintiffs further deny knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the Note. 29 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 29 and they are, therefore, deemed to be denied. 30 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 30 and they are, therefore, deemed to be denied. 31 Denied. Defendants Ackley, Treffinger, and Additional Defendants Biegun and Tamarrac are jointly and severally liable to Plaintiffs on the amounts claimed by Plaintiffs. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter judgment in favor of Plaintiffs and against Defendants, jointly and severally, for the sums as set forth in Plaintiffs' Complaint. Respect lly submitted, Christoph r C. Houston, Esquire Attorney for Plaintiffs 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ?.ItLow! \/ ROBERT J. BRA EN I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. A2-Ma2dcr?? GERALD J. WO LE ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants v ALBERT A. BIEGUN, Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC., Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4107 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, hereby certify that the foregoing Answer to New Matter of Defendant George W. Ackley, III, was served by first class mail, postage prepaid, addressed to: John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: Charles R. Gerow, Esquire 5115 East Trindle Road Mechanicsburg, PA 1705 z4q--? Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 n'- r`• ? ?'; ..: ; i,:'? 'j . c , .. , i._r? . , " ?_.5 = r?_J ' ???._ ?K? .' ? l?iL_ ?,? ?.` .. ??, ry Q. Vi i;, ti U C'1 = j tri U ROBERT J. BRACKEN and GERALD J. WOMBLE, Plaintiffs V. GEORGE W. ACKELY, III and HENRY W. TREFFINGER, III Defendants V. ALBERT A. BIEGUN Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendant PRAECIPE TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY: n C .0 ' c ;gin . z, (111" v , . ,,^ , LT co w Please issue a Praecipe to join Tamarrac Retirement Village & Golf Club, Inc. at c/o Albert A. Biegun, Chairman and CEO, 85 Surry Circle North, Pinehurst, North Carolina 28374 and Albert A. Biegun, at 85 Surry Circle North, Pinehurst, North Carolina 28374 as Additional Defendants in the above-captioned matter. September 23, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4l0 7- 99-41,98-CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT Attorney for Henry W. Treffinger, III 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 975-3536 ZL/ Charles R. Gerow, squire C L g . ? G_•`. ?? is cn J