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HomeMy WebLinkAbout99-04108;42 SANFORD CONTRACTORS, INC., Plaintiff v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99- q/oyP 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 Sanford Complaint SANFORD CONTRACTORS, INC., Plaintiff v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99- •1105? CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT AND NOW, comes the Plaintiff, Sanford Contractors, Inc., by and through their attorney, Christopher C. Houston, Esquire, who aver as follows: 1 The Plaintiff is Sanford Contractors, Inc., a North Carolina corporation with principal offices located at 628 Rocky Fork Church Road, Sanford, NC 27330. 2 The Defendant George W. Ackley, III, is an adult individual, currently residing at 1116 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 3 The Defendant Henry W. Treffinger, III, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 4 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"). 5 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. 6 The Note and the Agreement provided that payment would be made to Plaintiff for the principal and interest due under the Note on or before August 15, 1997. 7 Defendants are in default of the terms of the Note in having failed to make payment when due. a The Plaintiff 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. 9 The Defendants are in default under the terms of the Note and continue to be in default, in having failed to pay the sums due and owing. 10 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 11 The Defendants are jointly and severally liable on the obligation due and owing to Plaintiff in accordance with the terms of the Note. WHEREFORE, the Plaintiff request this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally, in the sum of $37,269.50 plus interest at $10.96 per day from June 22, 1999, attorney's fees and costs. Respectfully submitted, Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 (ION: The deli evidenced by has been satisfied In full this -dayof ,19_ 25,000.00 Moore County N.C. .19 96 FORvAIIIrRfCrivriTiheundrntgnrd,Ndntlyandsrvrml!y,prnml%etnpaylo -Sell Lord.-Coll L ract urn, 1111:. ...... or order, thepdnclpalsumof --Twenty-Five Thousand and N2/100------------------------------------------------ DOLLARS($ 25,000.00 I, with interest from _the-date he E"L__,attherateol -ailiteen per cent 1-1.41.01.) 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 llte office of the holder of the Note or at such place as the lielal holder hereof may designate In writing. It Is understood and agreed that additional amounts may be 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 shall be due and payable as follows: In one lump sum of principal and interest on or before August 15, 1997. "This Note may be prepaid without penalty. If not sooner paid, the entire remaining Indebtedness shall he due and payable on August 15, 1997 , If payable in installments, each such Installment shall, unless otherwise provided, be applied first to payment of interest then accrued 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 pan at anytime without penalty or premium. Partial prepayments shall be applied to installments due in reversq 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 len (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 anti, 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 pan thereof, accrued Interest and all other sums due under this Note and the Deed of Trust, if any, shall bear interest at the rate of sixteen percent (16.0 %) 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 substitutlion of any security for this Note or byway of any extension or extensions of time for the payment of principal and Interest; and all such parties waive all and every Still of notice of such change or changes and agree that the same may he made without notice or rnnsenl of any of them. l llxut drfaull the holder of this Nile may employ An Attorney to enforce the holder's rights and rmunlirs and Ihr maker, principal, surely, guarantor and rndorsen of this Note hereby Agree to pay to the holder reasonable attorneys fees not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing on said Note, plus all nlhrr 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 properly 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 holler. The failure to exercise any such right or remedy shall not be a waiver or release o(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 arrnal lnan ., and it secured bya unsecured isa n/a lien upon the propertytherein described. IN TESTIMONY WHEREOF, each corporate maker has caused this instrument to be executed in its corporate name by its President, attested by Its Secretary, and its corporate seal to be hereto affixed, all by order of its Board of Directors first duly given, the day and year first above written. By: President ATTEST: Secretary (Corporate Seal) N.C. Bar Assoc. Form No. 0 ® f976, Revised ® 1965 a nsstN by ,PROMISSORY NOTE Z O W _Z Y S m N IN TESTIMONY WHEREOF, each Individual maker has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside Isis name, the day and year first above written. EXHIBIT 1 4 Wiim a Co. or • ad, 127 . illstrtlte. gc 7)055 (SEAL) (SEAL) (SEAL) (SFAI.) (SEAL) (SEAL) (SEAL) (Corporate Name) NORTH CAROLINA MOORE COUNTY AGREEMENT This Agreement is made this 44/-day of 1996, by and between Tamarrac Retirement Village & Golf Club, Inc.( hereinafte 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 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 pereent(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 Taman ac development long as his id<for such work does not exceed the lowest bid by more than ten percent(iWc,2percent. pdb y ?' 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 Treffinger. In addition, Bracken shall have a right of first refusal on all engineering did and surveying work in the Tamarrac development as 1 Wg nas6 hr??i fQQ,r??SSuch work does not exceed the lowest bid by more than ten percent(i@3oJ?p?rear d'rtrble shall kwo.a w?l of t?als f?- is Apr 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 EXHIBIT Carolina from Tamarrac or the guarantors in the event there is a failure to comply with any term R QeMa2AL COMS-Ce"'r'o' one ALL. Tq(nAetAC. peopC2TY A'r It Rlck(?j n?ccgF- -riowt AacoH011-36 To '020P AvAil-Ag11..1Ty. s Of this Agreement. 5, This Agreement shall be governed by the laws of the State of North Carolina. assigns, 6. This Agreeement shall be binding upon the parties hereto, their heirs, successors and This the day and year first above written. SanfordL nC. BY: tQv//I he President lo.:n+-) inc. of lst on he nd ice and her the re. rya bed. t his the GUARANTORC• _ Attest: -LAAkad., R. (SEAL) Secretary Christopher C. Houston Attorney at Law 52 West Pomfret Street Carlisle, Penmsyly is 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: Tamtnarac 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 $31,955.90. 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 cc: Robert J. Bracken, et al Christopher C. Houston EXHIBIT 1 (2, 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. SANFORD CONT CTORS, INC. 0. a ? n o. cz 7 i S r? Ali p, S r• ?- •'•0 SHERIFF'S RETURN - REGULAR CASE NO: 1999-04108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SANFORD CONTRACTORS INC 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: Docketing Service Affidavit Surcharge Sworn an subscribed this an day of _/ 18.00 So answers: 3.10 .00 8.00 omas i5 eri $Z9TUCHI?ISTOPHER C. HOUSTON 07/16/1999 epu y eri o before me 19 GG A.D SHERIFF'S RETURN - REGULAR CASE NO: 1999-04108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SANFORD CONTRACTORS INC 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 the defendant, at 10:10 HOURS, on the 15th day of July 1999 at 6 STEWART DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JUDITH TREFFINGER (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 6.00 Service 3.10 Affidavit UO Surcharge 6.00 X. omas ine, S rifg 'a17?-4)7- H IST O R C. HOUSTON 0 7 / 1999 6 / 1 by 1 / l G ?' v A- e u i Sworn and ubscribed o befor me this day of t tt 19 1? A.D. frOL i?_ ?L on - ry SANFORD CONTRACTORS, INC., IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA 99-4108 CIVIL TERM V. CIVIL ACTION - LAW GEORGE W. ACKLEY,111, and HENRY W. TREFFINGER, III, Defendants. PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for Defendant George W. Ackley, Ill. August 12, 1999 P.C. Attorney I.D. No. 06268 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX 717/243-8227 C: -Christopher C. Houston, Esquire Charles Gerow, Esquire ?_, :. '? V. , SANFORD CONTRACTORS, INC., Plaintiffs V. GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. 99-4108 CIVIL TERM CIVIL ACTION -LAW A. 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: I. Admitted upon information and belief. 2. Admitted upon information and belief: 3. Admitted. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted. Admitted that Defendant Ackley failed to make any payment. Denied that he is in default, as more fully set forth in New Matter. 8. Denied that Defendant Ackley is in default, and he has reason to believe that Defendant Treffinger 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. 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. 9. 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. 10. Denied, in accordance with paragraphs 8 and 9. After reasonable investigation Defendant Ackley is without knowledge or information sufficient to form a belief as to the truth of the averment. 11. Denied that Defendant Ackley is liable, jointly or severally or in any manner, to Plaintiffs under the Note, as more fully set forth under New Matter. NEW MATTER 12. Defendant has filed a praecipe to join Albert A. Biegun and Tamarrac Retirement Village & Golf Club, Inc. (Tamarrac) as Additional Defendants. 13. The Additional Defendant Albert A. Biegun, is an adult individual last known to reside at 85 Surry 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. 14. Additional Defendant Biegun is the Chairman and CEO of Tamarrac. I5. 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). 16. 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). 17. Additional Defendants arc singly and solely liable; and, in the alternative, if not singly and solely liable, then jointly and severally liable for any sums due to Plaintiffs under the Note and the Agreement, with parties other than Defendant Ackley. 18. 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. 20. 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 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 Plaintiffs knew or had reason to believe were false and were intended to induce reliance, which Defendant did rely upon, to his detriment. Plaintiffs 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 their own interests and the interests of their 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 Plaintiffs' business entity either to a position on the board of directors or an officer within the Tamarrac corporation, and other benefits. 20. Plaintiffs 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. 21. Plaintiffs 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. 22. As a result of the cooperation or conspiracy of Plaintiff's 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. 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 interest in the project, since they were issued no shares in the corporation. 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 they would benefit from the high interest rate and generate fees to pay their 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, as more fully set forth herein. 27. The averments herein are further buttressed by the fact that Plaintiff did notjoin Additional Defendants as parties defendants in this action, although it knew or should have known the whereabouts of Additional Defendants. 28. Therefore, Additional Defendants are solely liable to Plaintiffs for the entire sum due under the Note and the Agreement, or in the alternative, liable over to Plaintiffs. WHEREFORE, Defendant Ackley requests this Honorable Court to enter judgment in favor of Defendants and solely against Additional Defey?q amounts claimed by Plaintiffs. August 26, 1999 John Broujos, EsijLire z Attom for Defendant Ackley BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX #717/243-8227 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 they would benefit from the high interest rate and generate fees to pay their 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, as more fully set forth herein. 27. 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. 28. Therefore, Additional Defendants are solely liable to Plaintiffs for the entire sum due under the Note and the Agreement, or in the alternative, liable over to Plaintiffs. WHEREFORE, Defendant Ackley requests this Honorable Court to enter judgment in favor of Defendants and solely against Additional Defendants i amounts claimed by Plaintiffs. 5Atto fully S mitied August 26, 1999 Broujos , Esquire ey for Defendant Ackley JOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 TO PLAINTIFF: You are hereby notified to file a written response to the enclosed New atte tthin twenty (20) days from service hereof or ajudgment maybe entered against/yout Homey L:?: v, V I verify that the statements made in this pleading are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 08/26/99 s. Aeo Ackley, - SANFORD CONTRACTORS, INC. Plaintiffs GEORGE W. ACKLEY, 111, and HENRY W.TREFFINGER, III, Dcfendants. V. ALBERT A. BIEGUN and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA "41*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, 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. August 2 7 1999 John . Broujos, Esquire tt ey for Defendant Ackley BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX # 717/243-8227 d 1? ` u ? N = . c: Ci- T U J Cumberland County, ss : The Commonwealth of Pennsylvania to Albert A. Biegun & Tamarrac Retirement (Name of Additional Defendant) Village & Golf Club, Inc c/o Albert A. Rip-gun You are notified that George W. Ackley. III - Atty John RTnrn3nn (Name (s) of Defendant (s) ) Henry W. Trefffi ger ITT has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date August 30, 1999 Cnrtic R. Tonq Prodtott Lary By r (SEAT,) Tarnarrac Retirement Village & Golf Club Inc. c/o Albert A. Biegun, Chairman & CEO 85 Surly Circle North Pinehurst, North Carolina 28374 Albert A. Biegun 85 Surry Circle North Pinehurst, North Carolina 28374 F? m 0 1 O? OI z H H H N S ? 3 8 i7 Q A M W W O A r a 4 ti mo z 8 ?v? Q?i FI W `b Ui FI '-I h Q1 cY fj N N 1 M V' N I H t` IE a SANFORD CONTRACTORS, INC., Plaintiff 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 : CUMBERLAND COUNTY, PENNA 994108 CIVIL TERM : CIVIL ACTION -LAW 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 Bar Association Two Liberty Avenue Carlisle, PA 17013 717-249-3166 SANFORD CONTRACTORS, INC., Plaintiff V. GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, 111, Defendants. V. ALBERT A. BIEGUN Additional Defendant And TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA 994108 CIVIL TERM CIVIL ACTION-LAW ADDITIONAL DEFENDANT COMPLAINT AND NOW comes Defendant George W. Ackley, Ill, by his attorney, John H. Broujos, Esquire, and avers as follows: Plaintiff Sanford Contractors, Inc. 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 Sanford Contractors, Inc. upon information is a North Carolina corporation with principal offices located at 628 Rocky Fork Church Road, Sanford, North Carolina 27330. 3. Defendant George W. Ackley, 111, is an adult individual, currently residing at 1116 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Henry W. Treffinger, 111, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 5. Additional Defendant Albert A. Biegun, is an adult individual last known to reside at 85 Sur y Circle North, Pinehurst, North Carolina 28374. 6. 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. 7. Additional Defendant Biegun is the Chairman and CEO of Tamarrac. 8. Plaintiff alleges that Defendants did sign a Promissory Note (hereinafter Note), a copy of which is attached to Plaintiff's Complaint which is attached hereto. (Plaintiffs Complaint, paragraph 5). 9. Plaintiff alleges 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). 10. Plaintiff alleges 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 of the Note. (Plaintiffs Complaint, paragraphs 7-8) 11. Plaintiff alleges 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 12. Defendant has joined Additional Defendants Biegun and Tamarrac and alleges that they are singly and solely liable over to Plaintiff, or, in the alternative, if not singly and solely liable, then jointly and severally liable for any sums due to Plaintiff under the Note and Agreement, with parties other than Defendant Ackley. 13. 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 Plaintiff for any defaults or claims lbund. 14. Defendant further avers that Additional Defendant Biegun, as an individual and in his official capacity as Chairman and CEO ofTamarrac, 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 Defendant did rely upon to his 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. 15. 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 on the notes and prosecution of the project. 16. 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 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 Plaintiff 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. 17. Plaintiff 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. 18. Plaintiff, at all times and during all events herein acting through its agents, employees, and servants, knowing the project would not be 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 its associates' business entity either to a position on the board of directors or as an officer within the Tamarrac corporation, and other benefits. 19. Additional Defendants in cooperation or conspiracy with Plaintiff knew or had reason to know that the proposed option to purchase land for development would not or could not be obtained. 20. Plaintiff 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. 21. As a result of the cooperation or conspiracy of Plaintiff 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. 22. 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 Tamarrae and not as a shareholder or beneficiary of the Defendant corporation. 23. Additional Defendants and Plaintiff knew or had reason to know that Defendant Ackley had no financial interest or ownership in the corporation and the project, since he was issued no shares in the corporation. There was no written agreement indicating the share or interest of Defendant Ackley in the project. 24. 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. 25. 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. 26. 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. 27. 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 Plaintiff were advanced to Additional Defendants, together with other funds obtained by Defendants, which were dissipated without any prospect of being repaid from the project. All of which Plaintiff knew or had reason to know. 28. Therefore, Defendant has no obligation to Plaintiff and Additional Defendants are solely liable over to Plaintiff for the entire sum due under the Note and the Agreement. WHEREFORE, Defendant Ackley requests this Honorable Court to enterjudgment in favor of Defendants and solely against Additional Defendants in any amounts found to be due to Plaintiff. Respectfully September 21, 1999 John Broujos, Esquire o y for Defendant Ackley OU JOS S & 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 arc made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. SANFORD CONTRACTORS, INC., Plaintiff v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99- 9/o fl 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 Sanford Complaint SANFORD CONTRACTORS, INC., Plaintiff v GEORGE W. ACKLEY, III, and HENRY W. TREFFINGER, III, Defendants COMPLAINT AND NOW, comes the Plaintiff, Sanford Contractors, Inc., by and through their attorney, Christopher C. Houston, Esquire, who aver as follows: The Plaintiff is Sanford Contractors, Inc., a North Carolina corporation with principal offices located at 628 Rocky Fork Church Road, Sanford, NC 27330. J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99 f/OF CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT 1 2 The Defendant George W. Ackley, III, is an adult individual, currently residing at 1116 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 3 The Defendant Henry W. Treffinger, III, is an adult individual, currently residing at 6 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 4 On or about August 14, 1996, the Defendants did sign a Promissory Note, a copy of which is attached hereto marked as Exhibit "All and incorporated herein by reference (hereinafter "the Note"). 5 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. 6 The Note and the Agreement provided that payment would be made to Plaintiff for the principal and interest due under the Note on or before August 15, 1997. 7 Defendants are in default of the terms of the Note in having failed to make payment when due. 8 The Plaintiff 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. 9 The Defendants are in default under the terms of the Note and continue to be in default, in having failed to pay the sums due and owing. 10 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 11 The Defendants are jointly and severally liable on the obligation due and owing to Plaintiff in accordance with the terms of the Note. WHEREFORE, the Plaintiff request this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally, in the sum of $37,269.50 plus interest at $10.96 per day from June 22, 1999, attorney's fees and costs. Respectfully submitted, Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 TRUE CORY FROM RECORD in Testimony whereot, I here unto set my hana and the seal of said Co at Carlisle, Pa. Thl day o 9±9- 13 Prothonotary -1. tut nfM, r.,wpfn n, .wi . _d.ypf 19- 1 -PROMISSORY NOTE Hoare County N.C. 25.000.00 ' ,19 96 ITIR VAIIir Rrcfivfn umlerdamd, InNllymiseverally, puxnlw In MYln .-Sanford .. 011I.Caeturs, Inf.. orordw, Iheprindpalwmof--Twenty-Five Thousand and No/100------------=------------------ DOLLARS($ -25.000.00 hwhhlmerest from the date herea[ .aeheuteol elYLeen Per cerst l J.Qa.ON per annum on the unpaid balance until paid or until default, both pdnclpal and Interest payable In lawful money It the United Stores .1 Amerka,allheollkeol- the holder of the Hat, y. wxn..a m„ due a" Burn aovancn wpm tie apnm to me sel.clPal of tbd Note and will accrue Interest into," from the dale of advance until paid. The principal and Interest shall be due and payable as follows: In one lump sum of principal and interest on or before August 15, 1997. 'This Note may be prepaid without penalty. Ifnot accuracy paid. the entire remalning lndeblednessshall he due and payahleor, August 15, 1997 If payable In Inualsmenu• each such Installment shall. unku olhewbe provided, be applied firm to payment of Inleren then accrued and due rte f he myuld principal balance, will, the remainder applied to the unpaid principal. Unksa Otherwise pmelded, this Note maybe prepaid In lull or in pan a any Ilmewithow penaltyor premium. Panlal prepayments shall be appled m lnuallmem, due In severe order of their maludly. In the event of la) default In payment of any Installment of principal or Interest heredas the same becomes due and such default h not cured within len 001 days from the due date, or b1 defmh under the lent olany Instrument secudn this Note, and such default Is not cured within Ofteen(151 days after written notice to maker, then In either such event the holder maywkhuut further make, deflate the remalnder of the principal sum, logisher with all Interest accrued thereon and. the prepayment prerrlhum. ll any, at once due and payable. Fadure to exercise lhisoptkn shall not con allule a wavier of the eight to exercise the same at any ether time. The unpW principal of this Note and anypon thereof, accrued Imennt and all Other sums due under this Note and the Deed of Trust, it any, shall beat lnlerem at the rate of sixteen pee card (16.0 tit per annum after default until paid. All issues m this Note, including maker and any walks, endorsed, a guarantors hereby waive protect, presentment, mice of dishonor, and notice of acceleration of maturity and agree to continue to wain bound for the payment of prlmlpai, Interest and all other sum, due under this Note and the Deed of Trues nawlthmandln any change or changes by way drefeaw,surrender.exchange, modification or subnllutignofany aefusty lonhls Note or by way of anyextenunn or eatembns oltime lot the stamens of principal and Imeens: and all such panty, waive all and every it Ad of notice of nmh change or changes am agree that like I lpem Arta sit the kskW W lbls Mark may emldnly' an all...." In "force link (solder's HAN, nnl mmvllm and the maker, prim spat, unet, mmmnun curl emkesers of this Nor herby afire in pay an IM Irskler reawgwlde atlnmeys fen not exceeding a sum meal In Ohm percent n SM1I nl the rmmamlIng Malone Owing on said Note. plus all mhereessonable expmm Incurred by the holder In exercising any of the holdeet rights and remedies upon default. The rlght% AM remedles of the holler as provided In this Note and any Instrument securing this Note shall he cumulative and may be pursued singly, successively. or together agalne the property, described in the Deed of Trost or any other funds. property of security held by the holder for payment or secudly. In the mk discretion of the holder. The falkne 1. exercise any such ight or mnedy shall not be a wavver or release of such rights or remedies or the tight to exercise any of them at another lime. This Note Is to be governed and construed In accordance with the laws of the Slate of North Carolina. This Note is given fee on metunl Inn. .. and is secured byA IN TESTIMONY WHEREOF, each mryaate maker has caused this Instrument to be executed In its corporale name by its President. anted by its Secretary, andIts corporale seal to be hereto amxed, all byorderolils Board of Dlredon first duly given, Ihedayand year am above wmten. Golf Cluh. Inc. y By prporale Nonskid G Z President \ O ATTES JF ate e ern (Cnrpual<Seals S or ICorporale Name) ,v us ey ? President ATTEST: _whkh isa n/a Ilen upon the vapeny therein described. IN TESTIMONY WHEREOF, each Individual maker has hereunto set his hand and adopted at his seal the word" SEAL' a -waking hostile his name, the day and year ftnt above wdlten, EXHIBIT 9ecrnary(Corporate Seal) N.C. oar Assoc, form No. a O 197e. 0.n•ISed O 1915 • Mtw Ira efw a U. W. • W Its • rMM,, xe fmfi ISEALI ISEALI ISEALI ISEALI (SEAL) (SEAL) 1SEAL1 NORTH CAROLINA MOORE COUN'T'Y AGREEMENT This Agreement is made this 4 -/day of 1996, by and between Tamam6 Retirement Village & Golf Club, Inc.( hereinaft referred to as "Tamarrac"), Sanford Contractors, Inc., a North Carolina Corporation( he,Teinafter 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 Tamarrac 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 his id,for such work does not exceed the lowest bid by more than ten percent(4W5)?percent. Qdb " ° 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 r due on said amount from Tamarrac 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, Bracken shall have a right of first refusal on all engineering 4>4 and surveying work in the Tamarrac development as IWg naas??h?i fQQ,,rr -uch work does not ® r, exceed the lowest bid by more than ten percent(4@%f;rz rrtr,• dibble shall gage a of a e6t" tS i eefliffmitY will! 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 cc. ect court costs, reasonable attorneys fees, lost asp profits, consequential damages and any other remedy allowed by the laws of the State of North EXHIBIT Carolina from Tamarrac or the guarantors in the event there is a failure to comply ?with n any term 4*3 ???, , QeNFPAL Co NST¢VCTION one R?.1. Tgfl+q ¢CqC pe=Pcz T`f q'r ''tf4dSAQk?C.'? Of this Agreement. 5• This Agreement shall be governed by the laws of the State of North Carolina 6. This Agreeement shall be binding upon the parties hereto, their heirs, successors and assigns. This the day and year first above written. Sanf°rd,E?a?ta nc. By: -?_ President inc. d m Iss an he nd Ice and her she ne. rya bed. s his •, she Attest: AE*t Secretary (SEAL) 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. Tref finger, III 6 Stewart Drive Carlisle, PA 17013 Mr. George W. Ackley, III 1116 Stratford Drive Carlisle, PA 17013 RE: Tamarac 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 cc: Robert J. Bracken, et al Christopher C. Houston F 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. SANFORD CONTRACTORS, INC. Fes-- ? % O r; ) -i r U V LL fib- Ol 1 Oi C.U SANFORD CONTRACTORS, INC., Plaintiff 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 Tamarrac Retirement Village & Golf Club, Inc. % Albert A. Biegun, Chairman & CEO 85 Surry Circle North Pinehurst, NC 28374 Restricted Delivery CERTIFICATE OF SERVICE I, 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: Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 Albert A. Biegun, individually 85 Surry Circle North Pinehurst, NC 28374 Restricted Delivery : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA 994108 CIVIL TERM : CIVIL ACTION - LAW R- Gerow, Esquire /for\Defenknt Treffinger JJoh H. Broujos, Esquire r jos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 FAX: 243-8227 r r- CJ'?? N ? ? T U W O [l - V) :+E ? v SANFORD CONTRACTORS, INC.: IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE W. ACKELY, III and HENRY W. TREFFINGER, III Defendants V. ALBERTA. BIEGUN Additional Defendant and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendant 99-4108 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT 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, 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 /'4 . Charles R. Gero , Esquire Attorney for Henry W. Treffinger, III 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 975-3536 Cl%j U-' 65 '- r cr% v J v Sanford Ans SANFORD CONTRACTORS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4108 CIVIL TERM 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 CIVIL ACTION - LAW IN ASSUMPSIT ANSWER TO NEW MATTER OF DEFENDANT GEORGE W ACKLEY. III AND NOW, comes the Plaintiff, Sanford Contractors, Inc., who files this Answer to New Matter of Defendant George W. Ackley, III, as follows: Admitted. 12 13 It is admitted that Additional Defendant Albert A. Biegun is an adult individual. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 13 and they are, therefore, deemed to be denied. 14 After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14 and they are, therefore, deemed to be denied. 15 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." By way of further answer, Defendant Ackley signed the Promissory Note as President of Additional Defendant Tamarrac. 16 Admitted. 17 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. 18 After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 18 and they are, therefore, deemed to be denied. 20 (19*) Denied. It is specifically denied that Plaintiff agreed or conspired with anyone to induce Defendant Ackley to enter into the Agreement and to sign the Note. Plaintiff 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 corporation, or other matters to induce Defendant Ackley to sign the Agreement and Note. Further, Plaintiff specifically denies that it 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 Plaintiff that it would be repaid within one year and to induce the Plaintiff 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. 19 (20*) Denied. It is specifically denied that Plaintiff knew the project would not or was not likely to succeed. It is further specifically denied that the Plaintiff sought for its own interest and the interest of its associates and/or partners to gain a degree of control of the project by requiring a position in Tamarrac, as averred in the Complaint. 20 (21*) Denied. Plaintiff did not cooperate or conspire with Additional Defendants. It is specifically denied that Plaintiff knew or had reason to know that the option to purchase land for the development would not or could be obtained. 21 (22*) After reasonable investigation, the Plaintiff is without knowledge i or information sufficient to form a belief as to the truth of the i i averments of this Paragraph and they are, therefore, deemed to be denied. 22 (23*) Denied. It is specifically denied that Plaintiff 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 under the Agreement was conditioned on obtaining funds from the project. 23 (24*) 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 Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this Paragraph and they are, therefore, deemed to be denied. 24 (25*) After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, deemed to be denied. 25 (26*) 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 Plaintiff to lend the money for the project by offering a interest rate of 16 per cent, in an effort to assure Plaintiff that the project would succeed. Plaintiff further denies knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the Note. 26 (27*) After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, deemed to be denied. 27 (28*) After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, deemed to be denied. 28 (29*) Denied. Defendants Ackley, Treffinger, and Additional Defendants Biegun and Tamarrac are jointly and severally liable to Plaintiff on the amounts claimed by Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for the sums as set forth in Plaintiff's Complaint. (* correct numbering sequence) Respect y 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. SANFORD CONTRACTORS, INC. By 46 u " SANFORD CONTRACTORS, INC., Plaintiff 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 99-4108 CIVIL TERM CIVIL ACTION - LAW IN ASSUMPSIT 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 Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 i=-' u? ,_? u.i.:?- ?..? .. c.?' -?. ?: r :: ai =.,, u?'-_ _ ' ?? - u. S" n ? ?. L ?i c; . ?:? p ?'" -? ?' U SANFORD CONTRACTORS, INC.: IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA • `llu8 99-*W CIVIL TERM V. GEORGE W. ACKELY, III and HENRY W. TREFFINGER, III Defendants V. ALBERTA. BIEGUN Additional Defendant CIVIL ACTION - LAW IN ASSUMPSIT C2 f .? t and TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC. Additional Defendant ANSWER WITH NEW MATTER AND NOW, comes Answering Defendant, Henry W. Treffinger, III, by and through his attorney, Charles R. Gerow, Esquire, and files this Answer with New Matter, averring the following: 1. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of said averment. Strict proof of the same is demanded at the time of trial. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted. 7. Admitted in part. Denied in part. It is admitted that Defendant Treffinger has not made any payments under the terms of the Note. It is denied that he is in default, as more fully set forth in New Matter. 8. Admitted in part, denied in part. It is admitted that Answering Defendant was provided with the written notice attached as Exhibit "C." It is denied that Answering Defendant is in default and he has reason to believe that Defendant Ackley is not in default of the terms of the Note as more fully set forth in New Matter. 9. Denied. It is denied that any sums are due and owing on the part of Answering Defendant Treffinger and it is denied that Answering Defendant Treffinger is in default as more fully set forth in New Matter. It is admitted that Answering Defendant Treffinger has not made payments under the Note. 10. Denied. It is specifically denied that any sums are due and owing on the part of Answering Defendant Treffinger. 11. Denied. Said averment is a conclusion of law to which no response 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 Plaintiffs under the Note as more fully set forth under New Matter. WHEREFORE, Answering Defendant requests this Honorable Court to enter judgment in his favor and against Plaintiff. NEW MATTER 12. 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. 13. 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. 14. Additional Defendant Biegun is the chairman and CEO of Tamarrac. 15. 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"). 16. 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"). 17. 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. 18. 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 obtained within the one year period set for repayment to Plaintiff. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Additional Defendants and Plaintiffs knew or had reason to know that Answering Defendant Treffinger had no interest in the project. 26. 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. 27. 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. 28. 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. 29. 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. Gero Esquire Attorney for Henry W. Treffinger, III 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. 6ZAL? _ Charles R. Gerow squire 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:C? V /E 7 197f s He W. Treffing I pfi . I CERTIFICATE OF SERVICE 44M AND NOW, on this IR' 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 X Z' - Charles R. Gerow lr? } M Y + LU C'1 C . t7 ?: -? Lc i r C%-' •' Li: ' a l1 G c? J Sanford Treffinger Ana SANFORD CONTRACTORS, INC., Plaintiff 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 99-4108 CIVIL TERM CIVIL ACTION - LAg IN ASSUMPSIT ANSWER TO NEW MATTER OF DEFENDANT HENRY W TREFFINGER, III AND NOW, comes the Plaintiff, Sanford Contractors, Inc., who files this Answer to New Matter of Defendant Henry W. Treffinger, III, as follows: Admitted. 12 13 It is admitted that the Additional Defendant Albert A. Biegun is an adult individual. After reasonable investigation, Plaintiff is wten,rtha. :`" . ;, marrca as aN'f An/flgj /e... . I f.:i.r,. r.,, ,?..f:1 7 and eeveraily Parties who I tiger. Previous Image Refilmed to Correct Possible Error without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 13 and they are, therefore, deemed to be denied. 14 After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14 and they are, therefore, deemed to be denied. 15 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. 16 Admitted. 17 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. is After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 18 and they are, therefore, deemed to be denied. 19 Denied. It is specifically denied that the Plaintiff 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, Plaintiff 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, Plaintiff specifically denies that it 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 Plaintiff to lend money for the project. 20 Denied. It is specifically denied that Plaintiff knew the project would not or was not likely to succeed. It is further specifically denied that the Plaintiff sought for its 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. 21 Denied. Plaintiff did not cooperate or conspire with Additional Defendants as averred in the Complaint. It is further specifically denied that Plaintiff 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. 22 After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 22 and they are, therefore, deemed to be denied. 23 Denied. It is specifically denied that Plaintiff 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. 24 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, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 24 and they are, therefore, deemed to be denied. 25 Denied. It is specifically denied that Plaintiff knew or had reason to know that Defendant Treffinger had no interest in the project. By way of further answer, the Plaintiff, 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. 26 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 Plaintiff to lend them money for the project by offering an interest rate of sixteen per cent (16f) in an effort to assure Plaintiffs that the project would succeed. The Plaintiff further denies knowing or having reason to know that the project would not generate any funds to move the project forward or to pay the Note. 27 After reasonable investigation, Plaintiff is 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 specifically denied that Plaintiff 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. 29 Denied. Defendants Ackley, Treffinger, and Additional Defendants Biegun and Tamarrac are jointly and severally liable to Plaintiff on the amounts claimed by Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for the sums as set forth in Plaintiff's Complaint. Respe u ly ZC Attorney for 52 West Pomf: Carlisle, PA 717-241-5970 submitted, >. Houston, Esquire Plaintiff -et Street 17013 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. SANFORD CON CT3OiRSINC. By SANFORD CONTRACTORS, INC., Plaintiff 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 99-4108 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 H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: k ?& Charles R. Gerow, Esquire 5115 East Trindle Road Mechanicsburg, PA 17055 Christopher C. Houston, Esquire 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 ? o• ?- .1 lJ. uaci :'i n r`i - - . -.:.i r ?_ E `- ,:, ? ?- - O c ?' c? ii SANFORD CONTRACTORS, INC.: Plaintiff v. GEORGE W. ACKLEY, III, HENRY W. TREFFINER, III, TAMARRAC RETIREMENT VILLAGE & GOLF CLUB, INC.,: ALABERT A. BIEGUN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4108 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 Defendant's 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 Plaintiff John H. Broujos, Esquire For the Defendants Court Administrator wcy 11ohu vyolteL S 1