The URL can be used to link to this page

Home My WebLink About09-1672 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24341090 ATTORNEY FOR PLAINTIFF CAROLYN L. MADEIRA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY'', PENNSYLVANIA v. • CIVIL ACTION - IN LAW AND EQUITY THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wits, Indhridwllly, and THOMAS J. : NO. 2009 - 11.7,;L CIVIL TERM AHRENS, t1d/b/a AHRENS LAW OFFICE, DoMndants PRAECIPE FOR A MERIT OF SUMMONS TO THE PROTHONOTARY: Please enter my appearance on behalf of the plaintiff and issue a writ of summons upon the defendants. The defendants are: THOMAS J. AHRENS CHRISTINE M. AHRENS THOMAS J. AHRENS, ESQ. AHRENS LAW OFFICE 52 GETTYSBURG PIKE MECHANICSBURG, PA 17055 March 17, 2009 HAROLD S. IRWIN, 1, 1 Attorney for Plainti Supreme Court ID. # 2 64 South Pltt Street Carlisle, Pennsylvania 17013 (717) 243-6090 llz. c {{? O G r ir-7; ra ca c.n 0 MM Fn • Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas CAROLYN L. MADEIRA Plaintiff Vs. THOMAS J. AHRENS AND CHRISTINE M. AHRENS, HIS WIFE, INDIVIDUALLY, AND THOMAS J. AHRENS, T/DB/A AHRENS LAW OFFICE 52 GETTYSBURG PIKE MECHANICSBURG, PA 17055 Defendant No 09-1672 CIVIL TERM In CivilAction-Law To THOMAS J. AHRENS AND CHRISTINE M. AHRENS, HIS WIFE, INDIVIDUALLY, AND THOMAS J. AHRENS, T/DB/A AHRENS LAW OFFICE, You are hereby notified that CAROLYN L. MADEIRA, the'Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment maybe entered against you. 'hot (SEA Curt is R. Lo , rot o o L) Date MARCH 17, 2009 By Deputy Attorney: Name: HAROLD S. IRWIN, III, ESQUIRE Address: 64 SOUTH PITT STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-6090 Supreme Court ID No. 29920 HAROLD S. IRMN, 111, ESQUIRE ATTORNEY ID NO. 29M 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24346090 ATTORNEY FOR PLAINTIFF CAROLYN L. MADEIRA, Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife, Individually, and THOMAS J. AHRENS, t/d/b/a AHRENS LAW OFFICE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTYr PENNSYLVANIA CIVIL ACTION - IN LAW AND EQUITY NO. 2009 - -&7? CIVIL TERM PRAEDIPE FOR LIS PENDENSI TO THE PROTHONOTARY: Please index the above-captioned action as a Lis Pendens against pretnises located at: 305 CHESTNUT RIDGE DRIVE MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA 17055 as described in detail in the copy of the deed attached hereto as Exhibit "A". I certify that this action affects title or other interests in the above-described real property; March 17, 2009 HAROLD S. IRWIN, 11, Attorney for Plain Supreme Court ID. # 2 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 W r•a C= -n Ln ? %J?, -t 5, 7 e 11111111111 A OOOAYN Fax Parcel # tl?rd DEED This DEED, made the /1?a day of ref ,("AR`( , in the year of Our Lord two thousand nine (2009). Between BETWEEN CAROLYN G. MADEIRA, widow, of Pennsylvania, Grantor and THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, of Pennsylvania , Grantees WITNESSETH, that in consideration of SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000.00) Dollars, in hand paid, the receipt whereof is, hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, as tenants by the entireties, their heirs and assigns; ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 553.09 feet to a point on line of lands now or formerly of Merle Stambaugh; thence along line'of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North fly degrees 02 minutes 30 seconds East 207.36 feet to a point; thence further by same North 63 degrees 05 minutes 15 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees US minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same premises which Gene E. Rhoad and Kay D. Rhoad, by Deed dated April 15, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book F36, Page 744, granted and conveyed unto Frederick L. Madeira and Carolyn G. Mareira, husband and wife, which upon the death of Frederick L. Madeira on March 10, 2006 title vested solely in Carolyn G. Madeira, the Grantor herein. 15?kjy', 4.1 r 4A4 BEING Lot No. 3 on "Final Subdivision Plan of a 20.17 acre Tract of Land for; J.R. Freshman, Gene Rhoad, James Yeager", which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. BEING known and numbered as 305 Chestnut Ridge Drive. AND the Grantors hereby covenants and agrees that they will warrant genei-ally the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the clay and year first above written. Signed, sealed and delivered in the presence of: CA LYN G. MADEIRA (SEAL) Certificate of Residence hereby certify that the precise residence of the Grantees herein is as follows: 3o.S ctitr,.., { r??d C)r,? uF, Mt?ct.A•;ci??? r ?? 1105,5 At r-"y for Grantees h'1jc_nf. Acknowledgment COMMONWEALTH OF PENNSYLVANIA COUNTY OF e-m 6?RIgN? SS. On this, the l --A 41 day of 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Carolyn G. Madeira, widow, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA SEAL) Notarial Seal Notary Public CM. *oon, Notary Pub&e on*slon E*kee Dec. 27, 2010 Member, Pennsylvania Association of NOtarles . ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200904059 Recorded On 2117/2009 At 9:41:31 AM * Instrument Type - DEED Invoice Number - 37195 User ID - MBL * Grantor - MADEIRA, CAROLYN G * Grantee - AHRENS, THOMAS J * Customer - TRI-COUNTY * FEES STATE TRANSFER TAR $7,500.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $3,750.00 DISTRICT UPPER ALLEN TOWNSHIP $3,750.00 TOTAL PAID $15,048.50 CertiOcation Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 0 RECORDER O IZEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 3 OOMYN V BOYLE, NEBLETT & WENGER By: John P. Neblett Suite 200 4660 Trindle Road Camp Hill, PA 17011 717.737.2430 CAROLYN L. MADEIRA, Plaintiff V. THOMAS J. AHRENS and In the Court of Common Pleas of Cumberland County, Pennsylvania CHRISTINE M. AHRENS, his wife No. 09-1672 Individually, and THOMAS J. AHRENS t/d/b/a AHRENS LAW OFFICE, Defendants. : PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule against CAROLYN L. MADEIRA, plaintiff, to file a Complaint against THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife Individually, and THOMAS J. AHRENS t/d/b/a AHRENS LAW OFFICE, Defendants, within 20 days hereof or suffer the entry of a Judgment Non Pros. BOYLE, NEBLETT & WENGER Dated: March 20, 2009 By: . Neblett RULE TO FILL COMPLAINT AND NOW, this day of , 2009, a Rule is hereby granted upon CAROLYN L. MADEIRA, plaintiff, to file Complaint herein against THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife Individually, and THOMAS J. AHRENS t/d/b/a AHRENS LAW OFFICE, defendants, within 20 days after service hereof or suffer the entry of a Judgment of Non Pro , ?JAA co?-o-nota-rmj Attorney for Plaintiff. Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 C na -- n Fri .p N ? m Y f? - X7 C:) 4k Sheriffs Office of Cumberland County R Thomas Kline 4a„tr of +`?r+nbr,?? Edward L Schorpp Sheri ,. Solicitor Ronny R Anderson Jody S Smith Chief Deputy OMCE ' ""E S"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/24/2009 03:30 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1530 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Thomas J. Ahrens, by making known unto Thomas J. Ahrens personally, at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/24/2009 03:30 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1530 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Christine Ahrens by making known unto Thomas Ahrens, husband of defendant, at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/24/2009 03:30 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1530 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Ahrens Law Office, by making known unto Thomas Ahrens, Attorney, at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $70.32 March 25, 2009 SO ANS S, R THOMAS KLINE, SHERIFF Deputy Sher f Docket No. 2009-1672 Carolyn Madeira v Thomas Ahrens, Christine Ahrens, & Ahrens law office t C-11 HAROLD & IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF CAROLYN G. MADEIRA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - IN LAW AND EQUITY THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife, Indhddaally, and THOMAS J. a NO. 2009 -1672 CIVIL TERM AHRENS, t/dlb/a AHRENS LAW OFFICE, Defendants 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. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9180 or (717) 249-3166 CAROLYN O. MADEIRA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • : CIVIL ACTION - IN LAW AND EQUITY THOMAS J. AHRENS and : CHRISTINE M. AHRENSv his wife, Indhrldmlly, and THOMAS J. : NO. 2006 -1672 CIVIL TERM AHRENS, t/dlb/a AHRENS LAW OFFICE, De mdants COMPLAINT NOW COMES the plaintiff, CAROLYN G. MADEIRA (erroneously listed as Carolyn L. Madeira on the Praecipe for Writ of Summons), by her attorney, Harold S. Irwin, III, Esquire, and files this complaint, representing as follows: 1. Plaintiff CAROLYN G. MADEIRA is an adult individual residing at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendants THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife, are adult individuals whose residence address is unknown to plaintiff, but who have a business address at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant THOMAS J. AHRENS is an attorney licensed to practice law in the Commonwealth of Pennsylvania, trading and doing business as AHRENS LAW OFFICE located at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. At all times relevant hereto, plaintiff was an individual in need of legal services regarding the sale and settlement of her residence located at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant Thomas J. Ahrens, in his capacity as an attorney, prepared an agreement of sale whereby he and his wife, Christine M. Ahrens, agreed to purchase plaintiff's residence for the purchase price of $750,000.00 on or before March 1, 2009 and plaintiff agreed to convey the property to defendants. A copy of this agreement is incorporated herein.by reference and attached hereto as Exhibit "A". 6. Said agreement further provided, inter alia, the following: A. That the conveyance would be by "fee simple deed of special warranty"; B. That transfer taxes would be divided equally between the parties; C. That real estate taxes and municipal services expenses would be prorated as of the day of settlement; D. 'That Seller assist was not applicable to the transaction; E. That "Formal tender of an executed deed and purchase money is hereby waived"; F. That "Possession is to be delivered by deed at day and time of settlement"; and G. "NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. TYPING OF SIGNATURES SAME AS SIGNATURES." Following this statement, the parties names were typed into the signature block, as was the date, February 3, 2008. 7. Prior to settlement the services of Tri-County Abstract Service (hereinafter "Tri-County") were retained by defendants or their lender to perform a title search, prepare a HUD-1 settlement sheet, and to disburse the funds at settlement. 8. Settlement was scheduled for Thursday, February 12, 2009, about two weeks ahead of the date set in the agreement of sale and at a time when defendant Thomas Ahrens knew that both of plaintiff's sons were unable to assist or advise her at the settlement. 9. On Wednesday, February 11, 2009, Tri-County e-mailed to defendants a HUD-1 settlement sheet prepared for this transaction. This settlement sheet accurately reflected the terms in the agreement of sale: a purchase price of $750,000.00, a mortgage by the defendants to Orrstown Bank in the amount of $300,000.00, and that after the payment of all costs, prorations, transfer taxes and other expenses, plaintiff would receive proceeds of $547,528.14 and defendants would need the sum of $464,067.48 to settle. A copy of Tri-County's e-mail and the initial HUD-1 are incorporated herein by reference and attached hereto as Exhibit "B" 10. A series of a-mails and phone calls followed between Tri-County and defendant Thomas Ahrens, as follows (a copy of this e-mail chain is incorporated herein by reference and attached hereto as Exhibit "C"): A. E-mail: 10:36 p.m. on Wednesday, February 11, 2009, Ahrens to Tri-County: indicating he would review the settlement sheet the following morning as he was just returning from Florida and requesting a change in the settlement time; B. E-mail: 08:25 a.m. on Thursday, February 12, 2009, Tri-County to Ahrens: indicating a change in the settlement time to 1:00 p.m. or 1:30 p.m. and again asking for approval of the HUD-1; C. E-mail: 08:50 a.m. on Thursday, February 12, 2009, Ahrens to Tri-County: indicating a 1:00 p.m. settlement time and that settlement would take no more than 10 -15 minutes; D. Phone Call, Ahrens to Tri-County: telling Tri-County to change the settlement sheet to reflect Seller financing of $750,000, a net of $0.00 to the Seller at the dosing, that he would be paying all of the sellers costs out of the new $300,000 mortgage he was obtaining and that he would be taking care of the Seller outside of closing. A copy of Tri-County's file memo regarding this phone call is incorporated herein by reference and attached hereto as Exhibit "D"; E. E-mail: 10:20 a.m. on Thursday, February 12, 2009, Tri-County to Ahrens: indicating Tri-County's understanding of Ahrens' instructions that the HUD-1 was to reflect that defendants were paying all of plaintiffs costs, her mortgage payoff, and all other costs out of the $300,000 mortgage that defendants were obtaining; F. E-mail: 10:24 a.m. on Thursday, February 12, 2009, Ahrens to Tri-County: indicating "Yes. I'm covering everything."; G. E-mail: 12:01 P.m. on Thursday, February 12, 2009, Tri-County to Ahrens: attaching a copy of a second settlement sheet showing all costs being paid by the defendants, seller financing of $750,000, and no proceeds to plaintiff, but instead the sum of $83,460.66 being paid over to the defendants (Emphasis Added). A copy of this settlement sheet is incorporated herein by reference and attached hereto as Exhibit "E". 11. Settlement was held at defendant's law office at 52 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 12. Although Tri-County personnel, Glenda M. Wethington, was present at the settlement to issue title insurance to the lender, no attorney for the plaintiff was present except for defendant Thomas Ahrens, nor did defendant Ahrens ever suggest or recommend to plaintiff that she should retain other counsel. 13. Defendant Thomas Ahrens drafted or had drafted the deed by which plaintiff conveyed to defendants in fee simple by a deed of GENERAL WARRANTY her residence at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. A copy of this deed is incorporated herein by reference and attached hereto as Exhibit "F". 14. Under the terns of the agreement of sale (Exhibit "A") and Tri-County's initial HUD-1 calculations (Exhibit "B"), at the, settlement plaintiff should have received the sum of $547,528.14 and at all times relfevant to this action, that is what plaintiff expected when she arrived at the settlement table. 15. However, although defendants paid off plaintiff's line of credit against the property conveyed and all of her dosing costs out of the $300,000 line of credit they obtained at settlement, no proceeds were paid to plaintiff at settlement. At defendant Thomas Ahrens' instruction to Tri-County, all excess funds from defendants' line of credit were paid over to defendants. 16. At the conclusion of the settlement, defendant Thomas Ahrens for the first time informed plaintiff that he would be taking care of paying her the correct proceeds within a week or so. 17. The parties have been personal, family friends for many years and defendant Thomas Ahrens has acted as legal counsel to plaintiff and other family members on several occasions in the past. 18. Prior to the time of settlement, plaintiff had agreed to the purchase of a new townhome and had paid a downpayments of $33,000.00. She intended to use the proceeds from the sale of the property to defendants to pay the balance of the purchase price and settlement costs for her new home on or about April 15, 2009. 19. Plaintiff relied on the parties personal and attorney-client relationships in agreeing at the last moment to leave the settlement table without having received the proceeds from the sale of her residence. 20. Six days after the settlement on plaintiff's residence, defendants executed a second mortgage to Orrstown Bank for $225,000 and used the property in question as security for that loan. Again, none of those mortgage funds were paid over to plaintiff. 21. As of March 16, 2009, plaintiff had still not received any additional funds from the proceeds of the sale of her home to defendants and sought additional legal help to obtain the proceeds owed to her. 22. On March 16, 2009, plairtitiff's counsel contacted defendant Thomas Ahrens by facsimile and by a telephone call to his cell phone. A copy of the facsimile is incorporated herein by reference and attached hereto as Exhibit "G". 23. Although defendant's staff members were reached, defendant Thomas Ahrens was out of the office and did not return the messages left on his cell phone on March 16 or 17, 2009. 24. On March 17, 2009, plaintiff initiated this action by filing a praecipe for a writ of summons and praecipe for a lis pendens on the property at 305 Chestnut Ridge Drive, Mechanicsburg. 25. On March 18, 2009, defendant Thomas Ahrens contacted plaintiff's counsel by phone. Ahrens explained to counsel that plaintiffs son, Alfred Madeira, owed Ahrens and his family hundreds of thousands of dollars that had been loaned by them to Alfred Madeira and had not been repaid as promised. He indicated further that Alfred Madeira suggested that he accept the conveyance of plaintiffs property as payment for the sums owed to Ahrens by Alfred Madeira. Despite this explanation, he admitted that defendants owed plaintiff the original proceeds of $547,528.14. 26. Counsel for plaintiff has contacted Alfred Madeira, who indicates that no money has been loaned to him by Ahrens or his family, but that they have given sums to him for investment purposes. He also indicated that he did not suggest the transaction as it occurred between the parties and had no knowledge that his mother was to convey her residence to defendants in payment of any debt he owed to defendants instead of receiving the proceeds from the sale. 27. On March 18, 2009, counsel for plaintiff sent another facsimile to defendant Thomas Ahrens providing two alternatives for the amicable resolution of this situation: reconveyance of the residence to the plaintiff with reimbursement for her costs, fees, and interest, or payment of all sums owed to her, plus costs, fees, and interest from the date of settlement. These alternatives also allowed until April 15, 2009 for compliance, provided defendants executed a promissory note or all sums due to plaintiff at that time. A copy of this letter is incorporated herein by reference and attached hereto as Exhibit "H". 28. On Friday, March 20, 2009, plaintiffs counsel received a letter from counsel retained by defendants indicating that the defendants did not wish to discuss an amicable resolution of this matter and advising that he had filed a praecipe for a rule to file a complaint in his action. A copy of the facsimile is incorporated herein by reference and attached hereto as Exhibit "I". COUNT 1- BREACH OF CONTRACT Madeira v. Thomas J. Ahrens and Christine M. Ahrens 29. The averments of this complaint, paragraphs one through twenty-eight inclusive, are incorporated herein by reference as if fully set forth herein at length. 30. Defendants have breached the terms of the agreement of sale incorporated herein by reference and attached hereto as Exhibit "A" in the following manner: A. By failing to pay the proceeds of $547,528.14 to plaintiff, and B. By requiring plaintiff to execute a general warranty deed, instead of a special warranty deed as provided in the contract. 31. Said breach of the agreement of sale has been continuing since February 12, 2009, and will continue in the future, thereby resulting in plaintiff's loss of the use of the proceeds of $547,528.14, the possible loss of her downpayment on the new townhome she has contracted to purchase, and in the expenditure of substantial sums of money for legal fees, title research, and other costs to pursue this litigation. 32. Furthermore, by requiring the execution of a general warranty deed, in violation of the agreement of sale and contrary to local practice, plaintiff may be required in the future to expend various other sums of money in defense of any title claims on behalf of all persons in the chain of title for this property for at least the last sixty years against °all and every other person". 33. Defendants actions in this matter have been arbitrary, capricious, and in full knowledge of the violation of the terms of the parties' contract and the consequential damages suffered by the plaintiff, such that defendants should be required to pay all of plaintiffs legal fees and costs in this matter. WHEREFORE, plaintiff demands judgment against defendants individually as follows: A. For the payment of the proceeds of $547,528.14, plus interest from February 12, 2009, and all costs and attorney fees associated with this action; or, alternatively, B. For a judgment requiring defendants to reconvey the property back to plaintiff, restoring her original line of credit balance, paying all costs of both transfers, and paying interest, attorney fees, and costs from February 12, 2009; and C. Such other relief as the Court may deem reasonable and just. COUNT 11- QUANTUM MERUIT Madeira v. Thomas J. Ahrens and Christine M. Ahrens 34. The averments of this complaint, paragraphs one through thirty-three, inclusive, are incorporated herein by reference as if fully set forth herein at length. 35. As a result of this transaction, defendants have gained ownership of a home for which they agreed to pay $750,000.00 without paying to plaintiff the $547,528.14 in proceeds to which she is entitled. 36. Defendants have also had the advantage of using plaintiffs home to obtain an additional mortgage for $225,000.00. 37. More than two months have passed since the settlement on February 12, 2009, and plaintiff has still not received the proceeds, has lost the interest she may have earned thereon, has incurred substantial attorney fees and costs, and may lose her downpayment on the new home which she has obligated herself to purchase on April 15, 2009. 38. Defendants actions in this matter have been arbitrary, capricious, and in full knowledge of the violation of the terms of the parties' contract and the consequential damages suffered by the plaintiff, such that defendants should be required to pay all of plaintiff's legal fees and costs in this matter. WHEREFORE, plaintiff demands judgment against defendants individually as follows: A. For the payment of the proceeds of $547,528.14, plus interest from February 12, 2009, and all costs and attorney fees associated with this action; or, aftematively, B. For a judgment requiring defendants to reconvey the property back to plaintiff, restoring her original line of credit balance, paying all costs of both transfers, and paying interest, attorney fees, and costs from February 12, 2009; and C. Such other relief as the Court may deem reasonable and just. COUNT 111- FRAUD Madeira v. Thomas J. Ahrens and Christine M. Ahrens 39. The averments of this complaint, paragraphs one through thirty-eight inclusive, are incorporated herein by reference as if fully set forth herein at length. 40. Defendants presented to plaintiff an agreement of sale offering to purchase plaintiff's home for the sum of $750,00000. No provision of the agreement required the plaintiff to finance the purchase by the defendants. 41. Defendants agreement also provided for the plaintiff to execute a special warranty deed for the transfer of ownership. 42. The agreement also provided that "TYPING OF SIGNATURES SAME AS SIGNATURES". 43. Plaintiff was not advised until the moment of settlement that she would not be paid the proceeds at settlement, but that she would be "taken care of " later. 44. No mortgage, promissory note or other document was prepared or signed by the defendants to memorialize their financial obligation to the plaintiff, nor was any lien recorded against the property. 45. By virtue of not ensuring that the defendants' financial obligation to plaintiff was protected and secured, defendants were able, less than one week after settlement, to obtain another $225,000 mortgage on this property. This second mortgage will now have priority over defendants' obligation to plaintiff, which remains unsecured to date. 46. At the settlement, plaintiff was presented with a deed of general warranty, not'special warranty. No explanation of the differences or the consequences thereof was discussed or offered by the defendants to the plaintiff. 47. About two months have passed since settlement and plaintiff has not received the $547,525.14 proceeds to which she is entitled, nor any security for the financing into which defendants manipulated her. 48. Plaintiff believes and therefore avers that the failure to discuss seller financing prior to settlement, the provision of a deed of general warranty instead of special warranty, the drafting of an agreement which purports to be a binding agreement of sale when the signatures are typed onto the document instead of signed, and the failure to secure and protect the financial obligation owed to plaintiff after settlement, leading to the ability of defendant to obtain another mortgage on the property and (further reducing he likelihood that plaintiff will ever receive her proceeds, all the while knowing that plaintiff was otherwise unrepresented by independent counsel, was a trusting, long term family friend and legal client, reflects a calculated effort on the part of the defendants to defraud plaintiff of her home. 49. Said fraud was so onerous, egregious, and outrageous that defendants should not only be required to make plaintiff whole, but that they should be required to pay all of her costs and attorney fees, any consequential damages, interest, and punitive damages as determined by this Court. WHEREFORE, plaintiff demands judgment against defendants individually as follows: A. For the payment of the proceeds of $547,528.14, plus interest from February 12, 2009, and all costs and attorney fees associated with this action; or, alternatively, B. For a judgment' requiring defendants to reconvey the property back to plaintiff, restoring her original line of credit balance, paying all costs of both transfers, and paying interest, attorney fees, and costs from February 12, 2009; C. An award of punitive damages in favor of the plaintiff and against the defendants in an amount deemed equitable and just by the Court; and D. Such other relief as the Court may deem reasonable and just. COUNT IV, NEGLIGENCE (LEGAL MALPRACTICE) Madeira v. Thomas J. Ahrens, t/d/b/a Ahrens Law Office 50. The averments of this complaint, paragraphs one through forty-nine inclusive, are incorporated herein by reference as if fully set forth herein at length. 51. At all times relevant hereto, plaintiff was an individual in need of legal services regarding the sale and settlement of her residence located at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 52. At all times relevant hereto, defendant Thomas J. Ahrens (hereinafter "Attorney Ahrens), was an attorney licensed to practice law in the Commonwealth of Pennsylvania, an attorney from whom plaintiff had obtained legal services at various times in the past, and a close friend of the plaintiff and her family, whom Attorney Ahrens knew would rely not only on defendant's professional skill and judgment in the handling of this matter and in protecting her rights and interests, but on their past professional and personal contacts with each other. 53. Attorney Ahrens, in his capacity as an attorney and as a party to the transaction, prepared and / or oversaw the preparation of the agreement of sale and deed whereby he and his wife would. personally purchase the residence owned by plaintiff, with full knowledge that he had no intention of paying the proceeds to plaintiff at settlement and that he would use this property as security for additional loans from other lenders. 54. As a Pennsylvania licensed, practicing attorney who undertook to prepare the documentation for this transaction, who had previously represented the plaintiff on various occasions in the past, who was a close personal, family friend of the plaintiff whom he knew would trust and rely on his professional. skill and judgment, who was purchasing plaintiffs residence with no intention of paying to her the proceeds at settlement nor to record a lien against the property he was purchasing to protect plaintiffs interests, Attorney Ahrens had a legal and professional obligation to ensure that plaintiff retained independent legal counsel prior to completing the settlement, to disclose the flagrant conflict of interest which existed, as well s his obvious self-interest, and in the absence of such disclosures to conform his practice and procedures in this transaction to the highest ethical standards and act with the utmost regard for plaintiffs rights and interests. 55. Plaintiff had a right to and did, in fact, rely on Attorney Ahrens' skill, judgment, prior representation, and position of authority in this matter, that the documentation for this transaction would be prepared competently and with due regard for her rights and interests, to pay to her the proceeds as provided in the agreement of sale, to present to her a deed of special warranty to convey her interests to defendants, and in all related matters to abide by the Code of Ethics and Rules of Professional Responsibility. 56. Attorney Ahrens breached his professional duties to plaintiff in the following manner: A. Rule 1.1 of the Rules of Professional Responsibility requires that a lawyer provide competent representation to a client, including the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Attorney Ahrens breached this duty by: 1.) Drafting an agreement of sale that provided for a deed of special warranty and then presenting plaintiff with a deed of general warranty; 2.) Drafting an agreement of sale that does not provide for "Seller Assist' and then instructing the title agency to prepare the settlement and HUD-1 settlement sheet as if the arrangement was 100°x6 owner financing; 3.) Drafting an agreement of sale that provides, in paragraph 4.(C), that "Formal tender of an executed deed and purchase money is hereby waived", when, in fact, plaintiff was to execute and deliver a deed to the property and to receive the entire net proceeds at settlement; 4.) Drafting an agreement of sale that provides, in paragraph 5.(A), that "Possession is to be delivered by deed at day and time of settlement", when, in fact, he knew that plaintiff was to continue living in the home at least until April 15, 2009; 5.) Drafting an agreement of sale which provides, in the signature block, "NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. TYPING OF SIGNATURES SAME AS SIGNATURES", a wholly inappropriate provision and contrary to local practice and rule of law; 6.) By instructing the title agency to-prepare the HUD-1 sheet contrary to local practice and the terms of the agreement of sale, providing that defendants would pay all of plaintiff's closing costs and mortgage payoff, providing that no proceeds were payable to the plaintiff, and that defendants instead would pocket the remaining proceeds of $83,460.66. B. Rule 1.4 of the Rules of Professional Responsibility provides that a lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent is required, reasonably consult with the client about the means by which the client's objectives are to be accomplished, keep the client reasonably informed about the status of the matter, explain to the client a matter to the extent reasonably necessary to permit the client to make informed decisions, review all important provisions with the client before proceeding to an agreement, fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and to provide the opportunity to the client to give informed consent when the representation is affected by a conflict of interest. Attorney Ahrens breached these duties by: 1.) Failing to inform plaintiff that instead of the special warranty deed provided for in the agreement of sale, he had prepared a deed of general warranty for her signature; 2.) Failing to inform plaintiff of the implications and potential consequences of providing a general warranty deed instead of a special warranty deed; 3.) Failing to inform plaintiff until the moment of settlement that while defendants were going to pocket proceeds of $83,460.66, plaintiff would receive nothing at the closing; 4.) Failing to draft, execute and record a promissory note or mortgage for the correct proceeds of $547,528.14 which plaintiff should have received at closing, and failing to advise plaintiff as to the implications and possible consequences of such failure; 5.) Failing to provide to the plaintiff any advice or information through which plaintiff could make an informed decision in regard to these matters, despite the obvious, flagrant, and blatant conflict of interest and his own self-interest in this transaction; and 6.) Failing to ensure that plaintiff was otherwise represented by competent, independent counsel or even to suggest to plaintiff that she consider such counsel in the face of the obvious and blatant conflict of interest apparent in this transaction. C. Rule 1.7 of the Rules of Professional Conduct provides that a lawyer shall not represent a client if the representation involves a concurrent conflict of interest, as where the representation of one client will be directly adverse to another client, or that there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibillities to another client, a former client, or a third person, or by a personal interest of theilawyer. Attorney Ahrens breached these duties by: 1.) Undertaking to represent himself and his wife in this transaction, while at the same time he knew or had reason to know that the plaintiff was relying on his professional skill and judgment as an attorney for plaintiff; 2.) Not advising plaintiff to obtain competent, independent legal counsel; and 3.) Failing to disclose his obvious and blatant conflict of interest and self- interest, or in the absence of such disclosures to conform his practice and procedures in this transaction with the utmost regard for plaintiff's rights and interests; 4.) Failing to give plaintiff the knowledge and information necessary for her to provide an informed consent to the conflict of interest knowing that the conflict materially interfered with the lawyer's independent professional judgment in considering alternatives or foreclosing courses of action that reasonably should have been pursued on behalf of plaintiff; and 5.) Allowing his own personal interests in the transaction to affect his representation of plaintiff. D. Rule 1.8 of the Rules of Professional Conduct provides as follows: 1.) That a lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; 2.) That the, client is advised in writing of the desirability to seek independent legal counsel and is given a reasonable opportunity to do so; and 3.) That the, client gives informed consent in writing signed by the client to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. E. Comments to Rule 1.8 further suggest as follows: 1.) That when necessary, the lawyer must discuss with the client both the material risks of?the proposed transaction, including any risk posed by the lawyer's involvement, and the existence of reasonably available alternatives and should explain Why the advice of independent legal counsel is desirable; 2.) That the risk to a client is greatest when the client expects the lawyer to represent the client in the transaction itself OR when the lawyer's financial interest otherwise poses a significant risk that the lawyer's representation of the client will be materially limited by the lawyer's financial interest in the transaction. 3.) When the above is involved, the lawyer must disclose the risks associated with the lawyer's dual role as both legal adviser and participant such as the risk that the lawyer will structure the transaction or give legal advice in a way that favors the lawyer's interest at the expense of the client. F. Attorney Ahrens! breached his duties to plaintiff under Rule 1.8 in the following manner: 1.) By entering into this transaction with plaintiff under terms which were not fair and reasonable to plaintiff and which were not fully disclosed and transmitted in writing in a manner that could be reasonably understood by the plaintiff and which were, in fact, materially different that the terms provided in the agreement of sale; 2.) By failing to advise plaintiff in writing of the desirability of seeking independent legal counsel and thereafter in failing to give plaintiff a reasonable opportunity to seek the advice of such counsel; 3.) By completing the transaction without having received the informed consent of plaintiff in a writing signed by the plaintiff, agreeing to the essential terms of the transaction, as well as Attorney Ahrens' role in it, including whether or not Attorney Ahrens was representing the plaintiff in the transaction. 4.) By failing to discuss with plaintiff both the material risks of the proposed transaction, including any risk posed by Attorney Ahrens' involvement, the existence of reasonably available alternatives, and in failing to explain why the advice of independent legal counsel was desirable; 5.) By failing to alert plaintiff of the fact that his financial interest in the transaction posed a significant risk that his representation of her would be materially limited thereby; and 6.) By failing to disclose the risks associated with Attorney Ahrens' dual role as both legal adviser and participant, such as the risk that he would structure the transaction or give legal advice in a way that favored his interest at the expense of the plaintiff. G. Rule 4.3 of the Rules of Professional Conduct provides as follows: 1.) That during the course of a lawyer's representation of a client (in this case himself and his wife), a lawyer shall not give advice to a person who is not represented by a lawyer, other than the advice to secure counsel, if the lawyer knows or reasonably should know the interests of such person are or have a reasonable possibility of being in conflict with the interest of the lawyer's client; and 2.) That when the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in he matter, the lawyer should make reasonable efforts to correct the misunderstanding. H. Attorney Ahrens breached his duties to plaintiff under Rule 4.3 in the following manner. 1.) By undertaking to advise plaintiff regarding the terms of the transaction, by preparing and presenting the documentation for the transaction, and by advising plaintiff to settle on terms not consistent with the parties agreement of sale or plaintiff's best interest; 2.) By failing to advise plaintiff to seek independent legal counsel; and 3.) By failing to make reasonable efforts to correct any misunderstanding which plaintiff may have had with regard to Attorney Ahrens' role in the transaction when he knew or reasonably should have known that plaintiff did in fact, or was likely to have such a misunderstanding. Rule 8.4 of the Rules of Professional Conduct provides that it is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct or to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. Attorney Ahrens breached his duties to plaintiff under this rule as follows: 1.) By knowingly and purposefully violating the various rules of professional conduct as detailed above; and 2.) By engaging in a course of conduct throughout this transaction which was dishonest, fraudulent, deceitful and misrepresentative of his true intent. 57. As the direct result of Attorney Ahrens' negligence and legal malpractice, plaintiff incurred substantial damages -as follows: A. The sum of $547,528.14, being the net proceeds from the sale of her home to defendants; B. The interest on said sum that it would have earned from February 12, 2009 until the date of its eventual receipt; C. The possible loss of her downpayment on the replacement home she had intended to purchase and is otherwise obligated to purchase on April 15, 2009, but cannot due to this situation; D. Substantial sums of money for legal fees, title research, and other costs to pursue this litigation, said sums now approaching $5,000, but expected to increase; and E. Such other sums as may be incurred through the time of final judgment in this matter. WHEREFORE, plaintiff demands judgment against defendant Thomas Ahrens, t/d/b/a/Ahrens Law Office, as follows: A. For the payment of the proceeds of $547,528.14, plus interest from February 12, 2009, and all costs and attorney fees associated with this action; or, alternatively, B. For a judgment' requiring defendants to reconvey the property back to plaintiff, restoring her original line of credit balance, paying all costs of both transfers, and paying interest, attorney fees, and costs from February 12, 2009; C. An award of punitive damages in favor of the plaintiff and against the defendants in an amount deemed equitable and just by the Court; and D. Such other relief as the Court may deem reasonable and just. IRWIN LAW OFFICE April 10, 2009 HAROLD S. IRWIN, III, Esquire Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. April 10, 2009 1?&i"?12,2 4 ?. CAROLYN ADEIRA CERTIFICATE OF SERVICE I, Harold S. Irwin, III, Esquire, have served a true and correct copy of this complaint upon the following person and in the' matter indicated: SERVICE BY FIRST CLASS MAIL: JOHN P NEBLETT ESQ BOYLE NEBLETT & WENGER 4660 TRINDLE ROAD SUITE 200 CAMP HILL PA 17011 (Attorney for Defendants) April 10, 2009 HAROLD S. IRWIN, III EXHIBIT ^A° MOB-1T-2019 10:21AM FRO*TRICOWNTY ABSTRACT 1TITIO13630 T-474 P-002/004 F-994 SALE AGREEMENT OF THIS AGREEMENT, dated the _119_.ay of Februarv 2009, is Between Carolyn Madeira, called Seller, and Thomas J and Christine M. Ahrens, called Buyers, the parties i*te"ng to be legally bound hereby: 1. PROPERTY Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase (the "property"): 305 Chestnut Ridge Drive, Mechanicsburg, PA 17055 2. TERMS (A) Purchase Price: S7S0,000.o0 (B) Settlement to be made on or before: Marsh 1. 2009. (E) Conveyance from Seller will be by fee simple deed of special warramy. (F) Payment of transfer taxes will be divided equally between Buyer and Seller, (0) The following shall be apportioned pro-rata as of and at time of settlement: taxes as levied and assessed; rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; waste and/or sewer rents, if any; together with any other lienable municipal services. (H) Seller Assist Not Applicable Applicable $ . maximum, toward Buyer's costs as permitted by the mortgage lender. 3. SPECIAL CLAUSES (A) [ ] Buyer acknowledges that property is located in a flood zone. -MAR-17-4008 10:21AM1 FMTRICOUNTY ABSTRACT 4. TITLE, SURVEYS, AND COSTS 17177613830 T-474 P.003/004 F-864 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER, the following; existing building restrictions, ordinances, easements of roads, easements visible upon the ground, privileges or, rights of public service companies, if arty; otherwise, the title to the above described real estate shall be good and marketable and such as will be insured by a (reputable Title Insurance Company at the regular rates. (B) In the event the Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company, subject to aforesaid, Buyer shall have the option of taking such title as the Seller can give without abatement or price or of being repaid all monies paid by Buyer to Seller on account of the purchase price and the Seller will reimburse the Buyer for any costs incurred by Buyer to Seller on account of the purchase price and the Seller will reimburse the Buyer for any costs incurred by Buyer for those items specified in Paragraph 4(D) Items (1), (2) (3) ; and in the latter event, there shall be no further liability or obligation on' either of the parties hereto and this Agreement shall become NULL AND VOID and all copies will be returned to Seller for cancellation. (C) Formal tender of an executed deed and purchase money is hereby waived. (D) Buyer will pay for the following; (1) the premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any, (2) the premiums for tflood insurance and/or fire insurance with extended coverage insurance binder charges or cancellation fee, if any, (3) appraisal fees and charges paid in advande to mortgage lender, if any, (4) Buyer's normal settlement costs and accruals. S. POSSESSION (A) Possession is to be delivered by deed at day and time of settlement. 6. MAINTENANCE AND RISK OF LOSS (A) Seller shall maintain the Property, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. (B) Buyer reserves the right to make a pre settlement inspection of the Property. (C) Seller shall; bear risk of loss from fire or other casualties until time of settlement. In the evert of damage to any property included in this sale by fire or other casualties, not repaired or replaced prior to settlement, Buyer shall have the option of rescinding this agreement and receiving all monies paid on account or of accepting the Property in its then condition together with the proceeds of any insurance •MIjR-17-2000 10:21AM FROM-TRICOLKY ABSTRACT recovery obtainable by Seller. insure Buyer's equitable interest in this this Agreement. 7. RECORDING 17177813830 T-474 P-004/004 F-884 Buyer is bereby notified that buyer may property as of the time of the execution of This Agreement shall not be recorded in the office of the Recorder of Deeds or in any other office Or place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. TYPING OF SIGNATURES SAME AS SIGNATURES. BUYER DATE_ Thomas Ahrens 23.2009 BUYER DATE_ Christine Ahrens 2.3.2009 SELLER DATE Carolyn Madeira 2.3.2009 MA)t-17-1099 10:21AM FROM-TRICOUNTY ABSTRACT DATE: March 16, 2009 TO. Attorney Hat Irwin FROM Glenda Wdhington FAX NO.: 24j- 92 SUBJECT: AhrenalMadeira 17177613630 T-474 P-001/004 F-064 Attached is the Confract provided to us for this closing - I believe it may have been e-mailed from the bank - not certain Please keep we advised as to the status of this transaction. Thanks V 1 46 4- Q & 6Odaof Ale-7 t v, Cou n EXHIBIT "B" OW N0.2502-0285 qP A B. TYPE OF LOAN - U.S. DEPARTMENT OF HOUSING R URBAN DEVELOPMENT SETTLEMENT STATEMENT 1_QFHA - 2.QFmHA 3. QX CONV. UNINS. 4.0VA 5. QCONV. INS. - 6. FILE NUMBER: 7. LOAN NUMBER: AHR49-09 8. MORTGAGE INS CASE NUMBER: C NOTE: This form is howshad tog" you a stoWnerd of adual settlement costs. Amow* paid b and by Me self orned agent are shown. hems marked JPOCr wwO paid outaida the cbft May are Vom here for #*VmnbwW prsposes and am not indudedin 010 btals. 10 30M ONUM MUWA40aene) 0. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: THOMAS J. AHRENS and CAROLYN G. MADEIRA ORRSTOWN BANK CHRISTINE M. AHRENS 305 CHESTNUT RIDGE DRIVE 77 EAST KING STREET 52 GETTYSBURG PIKE MECHANICSBURG, PA 17055 SHIPPENSBURG, PA 17257 MECHANICSBURG PA 17055 G PROPERTY LOCATION: H. SETTLEMENT AGENT: 25.1819611 I. SETTLEMENT DATE- 305 CHESTNUT RIDGE DRIVE ' TRI.COUNTY ABSTRACT SERVICE MECHANICSBURG. PA 17055 February 12. 2009 CUMBERLAND Courtly. Penn"nia PLACE OF SETTLEMENT 52 GETTYSBURG PIKE MECHANICSBURG. PA 17055 J. SUMMARY OF OR-9$ S TRANSACTION K. SUMMARY OF SELLER'S TRA NSACTION 100. GROSS AMOUNT DUE FROM BO 101. Contract Solles Price 102. Per$" Proporty RROWER, 750.00D.00 __ 400. GROSS AMOUNT DUE TO SELLER: 401. Conifaet Sank Price 402. Pem"M Propedy 750,000.00 _ 103. SeMMrneM ChWM to Bor ower 1400 11,568.88 403. 104. 404. - 105 -- -- 405. . For Moms Paid By 31 @#or in advance 106. /corm Taxaa _ to A*Wmwits For Items Paid Seller in advance 406. Ckyfrown Tan to 107. Counts Taxes to _ 106. SCHOOL TAX _ MU12M19 ; to . 07M11A8 2.734.24 109. 407. CwjftT&us to 406. SCHOOL TAX 02112M19 to 071011M 409. 2,734.24 110. - 410. _ - 111. - -- 411. 112. - ----r-- - -° 412. - - 120. GROSS AMOUNT DUE FROM BORROWER 764.30312 420. GROSS AMOUNT DUE TO SELLER 752,734.24 200, AMOUNTS PAID BY OR IN 201. Dopook or swrostrnmey f OF BORROYIIER: _ $00. 5EDtICT10MIS IN AMOUNT DUE TO SELLER- 501. Excea Depod (Sea I VaSpora) 202. Pdnck* Amount of New Lmgs) 300.000:00 SM. SdOmpM ChOM to Seller ins 1400 7.527.50 203. Existlrg Iow1(s) taken Eked to ,° • __- • 503. s to 204. 2" dfYri 2150 197.442.96 205. ? _ 505. Peyol a escorW Morlpepo M_ _ _ ... _ -- 206. _ _- _ 505. - ----- 207. - 507. _--- 208. 508. 209. 509. - --? For Norms AdIusftmilts SoNer ForMems ftsd B Seller 210. C frown Tun 01111/09 j to 0211209 _ 235.64 510. CilyfrownTaxas 01M11M10 to 02/12109 235.64 211. Courty Taxes to 511. Cou* Taxes to 212. SCHOOL TAX to 512. SCHOOL TAX to • 213. 513. _ 214. _ 514. . _ _._ 215.' 515. --- - .. 216. -- 516. 217. 517. _ 218. 518. 219. 519. 220. TOTAL PAID BY*OR BORROWER 300,235.64 520. TOTAL REDUCTIONAMOUNT DUE SELLER 205.20610 300. CASH AT SETTLEMENT FR BORROWER: 800. AT SETTLEMENT TOIFROM SELLER: 301. Gross Amml Due From Borrower 1 784 303.12 801. Gross Amount Due To Seller Line - 752 73424 302. Less Amount Paid Mror Borrower 220 ( 300.235.84 802. Las Reducdm Due Seller 520 :( 205,205.101 303. CASH ( X FROM) ( TO) BO YYER 464.057.48 603. CASH ( X TO) ( FROM) SELLER 547,528.14 The undersigned hereby acknowledge MOW of a competed copy of pegs 182 of this alaoement 6 any slbmhn e t rebrred to heroin. I HAVE CAREFULLY REVIEWED THE OUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, R IS A TRUE AND ACCURATE STATEMENT OF ALL REaEIPTS AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. I FURTHER CERTIFY THAT I HAVE RECEIVED A COPY OF tHE HUD-1 SETTLEMENT STATEMENT. Borrower Seller THOMAS J. AHRE S CAROLYN G MADEIRA CHRISTINE M. AH ENS TO THE BEST OF MY KNOWLEDGE, THE HUD-1 SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WERE RECEIVED AND HAVE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION LEMENTIt OFFICER WARNING: IT IS A CRIME TO KKNNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A INE AND IMPRISONMENT FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 8 SECTION 1010 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Band on Price i a % _ PAID PI M PA10 FROM 7_01. iO_ dan __ (WN 7OO) uFOADWI: 10 702.1 to •-_- .___. i! _.-._-•- 703 Comn ssion PaW E S t6 BORRONERS FUNDS AT SETTLEMENT SELLERS FUNDS AT SETTLEMENT . s e smsr 704. TRANSACT ION?EE to ---- 1100. ITEMS PAYABLE IN INN WITH LOAN 601.1oa1 ' inalbnFee 0.5000 to ORRSTOWNBANK SM. Loon Docow t to 803 - 150000 • u 1o ORRSTOWNBANK 32500 604. Cram Raw _ to ----- 606. Les do.lnB on Fee to - 606. Ira. Fes to F ee to SOS. DOCUMENT PREP FEE m ORRSTOWN BANK ON. FLOODS CH FEE to ORRSTOWN BANK 610. - 250.00 611. 900. ITEMS REQUIRED BY LENDER BE PAID IN ADVANCE 901. Irldrest From 02!12/09 10 1108 i hit ( 17 days %) 902• Ineraarloe Premium for 903. Hazard Insurarm Pnrdlan for months tD 0 ars to -- --- - - 904. -- 905. 1000. RESERVES DEPOSITED WITH L DER 1001. Hazard Irmuralce 1002 M months 90 ?..... __._ per month . oftso Mtwra ce months ® $ per month _ .. _._. 1003. own Taxes months ® i per mwm 1004. Cow* Taxes _ _ --° morMhs 91 i per month - ~ -- - - ---- - -- 1005. SCHOOL TAX nlorlSls M $ per mortar - - --- 1006. _ - maths M $ per mordh 1007. months a i morm 1000. AGGREGATE ESCROW ADJUS E months do 3 ow -- month 1100. TITLE CHARGES 1101. SoWwnad or CiLsffl Fes to 1102. CLOSING PROTECTK)N LETTE W FIRST AMERICAN TITLE INSURANCE COMPANY 1103 35.00 . to 1104. TIBe hawarm Binder to 1105. Doca»M Pfopernfion to 1106 Node Fees to CASH -- 1107.A9prraYsFees to '- - rndudBS--ba over - - - --- _- -_.---•- 6.00 --• .. . 108. Tent ImrxaarCe SQJ.R1 Y ABSTRACsT SERVICEIAGEN7 FOR 1ST Aaar:Rl includes alms Mom numbers: ISSUE 1 ------- t109.1ar1dary S 300,000.00 1,672.66 106894444PAL t 110.Owneys S -_-- 1111. ENDORSEMENTS 100 300 710 1 to TRI-COUNTY ABSTRACT SERVICE 111 150 00 . 1113. --' - 1200. GOVERNMENT RECORDING A 1201. Few: Dud i 4 1 T _ : Dasd TRANSFER CHARGES 0.00 ; MoApape S 58.00. Robasom S 106.00 _ _ 7300.00: Morigne 1203. Side TaxfSWn . Revenue 1204. 7.500.00: Momage 7,500.00 7500.00 1205. OVERNIGHTICOURIER FEES 1300, ADDITIONAL SETTLEMENT CHAR to TRI-COUNTY ABSTRACT SERVICE 1450 GES 1301. Survey to 1302. Peal! ion ` to _ 1303. TAX CERTIFICATION FEE to TRI COUNTY ABSTRACT SERVICE RE IMBURSEMEN7 1 304 5,00 . _ '------ • - - 1305. ----- - ---- 1400. TOTAL SETTLEMENT CHAROES By a gnmg papa 1 a as raemam• ae pmwm aw Ewer on - 103, Section J a21502, Sacthm wwom lacm ar a ewomade dm * d w. w.- 11,568.8111 7,527.50 CeddW to be a true Copy. SETTLEMENT OFFICER Segem rd Agent (ANR494 a/ AM 49,Wj f01 EXHIBIT "C" Page 1 of 1 From: "Tricounty02" <Tricou nty02@comcast. net> To: "Tom Ahrens" <tom@ahrenslawfirm.com> Cc: <gholder@orrstown.com> Sent: Wednesday, FebnMary 11, 2009 12:03 PM Attach: AHRENS HUD.PDF Subject: SETTLEMENT SHEET Attorney Ahrens, Attached is a copy of your settlement sheet for closing tomorrow. Please have your cashiers or certified check made payable to Tri-County Abstract Service. Also we have still not heard back from the tax collector, so we took the assessment times the milage to come up with the tax figures for prorations. We have given you a credit on the front of the sheet for the 2009 county/township taxes so they wil be yours to pay. Please let me know if you have any questions or changes. THANK YOU - CHRISSY 3/17/2009 Page 1 of'2 TdcountvW From: "Tricounty02" <Tria0unty02@comcast.net> To: 'Tom Ahrens" <tom@ahrenslawfirm.com> Sent: Thursday, February 12, 200912:01 PM Attach: AHRENS HUD.PDF Subject: Re: SETTLEMENT SHEET Please let me know if this is ok this way so I can get checks printed. Original Message ---- From: Tom.Ahreng To: Tricounty02 Sent: Thursday, February 12, 200910:24 AM Subject: RE: SETTLEMENT SHEET Yes. I'm covering everything. Thomas J. Ahrens, Esquire Ahrens Law Firm, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 717-697-1800 www.ahrenslawtirm. eom From: Tricounty02 [mailto:Tricbunty02@comcast.net] Sent: Thursday, February 12, 200910:20 AM To: Tom Ahrens Subject: Re: SETTLEMENT SHEET I forgot are you paying all the sellers cost, her payoff and your fees out of the $300,000.00? ----- Original Message -- From: TQrn Ahrens To: Trieounty02 Sent: Thursday, February 12,; 2009 8:50 AM Subject: RE: SETTLEMENT SHEET Let's do 1. Thank you very much. I do not expect it will take any longer than 10-15 minutes. Thanks again. Thomas J. Ahrens, Esquire Ahrens Law Firm, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 717-697-1800 www.ahrenslawfirm.com From: Tricounty02 [mailto:Trikounty02@comcast.net] Sent: Thursday, February 12,'2009 8:25 AM To: Tom Ahrens Subject: Re: SETTLEMENT SHEET We can do 1:00 or 1:30. Please let me know as soon as possible on the Hud and what time you want to close so I can get a hold of Gary to shake sure it is OK with him, because he will be bringing the bank does. THANK YOU 3/16/2009 Page 2 of 2 Original Message n: Tom. Ahren$ Tricounty02 gholdgr@D.rrstown. corn t: Wednesday, February 11, 200910:36 PM Oct: RE: SETTLEMENT SHEET 'II look this over in the morning. I've been in Florida today and am just returning now... we have the settlemenit at our office at either 1:30 or 3:15 instead of 2? My children have a school that my wife would like to attend at 2. 'homas J. Ahrens, Esquire ,hrens Law Firm, P.C. 2 Gettysburg Pike lechanicsburg, PA 17055 17-697-1800 ,vH,.ahrenslawfirm,com rom: Tricounty02 [mailto:Tricounty02@comcast.net] ent: Wednesday, February 11, 2009 11:03 AM D: Tom Ahrens c: ghokier@orrstown.com Object: SETTLEMENT SHEET Ahrens, ed is a copy of your settlement sheet for closing tomorrow. Please have your cashiers or certified made payable to Tri-County Abstract Service. Iso we have still not heard back from the tax collector, so we took the assessment times the milage to )me up with the tax figures'; for prorations. We have given you a credit on the front of the sheet for the 2009 )unty/township taxes so thoy will be yours to pay. Please let me know if you have any questions or ranges. THANK YOU - CHRISSY o virus found in this incoming message. hocked by AVG. ersion: 7.5.552 / Virus Database: 270.10.23/1948 - Release Date: 2/12/2009 7:20 AM No virus found in this incoming message. Checked by AVG. Version: 7.5.552 / Virus Database: 270.10.23/1948 - Release Date: 2/12/2009 7:20 AM o virus found in this incoming message. hecked by AVG. crsion: 7.5.552 / Virus Database: 270.10.23/1948 - Release Date: 2/12/2009 7:20 AM 3/16/2009 EXHIBIT ^D" MEMO TO FILE: 305 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055 SELLER: CAROLYN G. MADEIRA BUYER: THOMAS J. AHRENS AND CHRISTINE M. AHRENS On February 1 I" the attached HUD one was e-mailed to Attorney. Ahrens, he responded that he would look it over in the morning and wanted to move settlement up to 1:00. "rhe next morning he called and wanted me to change the sheet to add the seller finance amount and to bring the seller to 1 $0.00 and that he would be paying all the sellers fees out of the $300,000.00 and would be taking care of the seller outside of closing. I told him I would do my best to try and get the sheet to balance, he said this was the way they did it at his office.1 told him I would have to makelsure the bank was OK with it and he said it did not matter to them, because he was only doing' a $300,000.00 business line of credit. With settlement scheduled; for 1:00 at 12:001 was still waiting on his OK on the HUD so I could print checks. Finally he e-mailed me back to print them. Copies of HUD and E-mails are attached. EXHIBIT "E" A.. OMB NO.2502-0265 T B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING & URBAN DEVE LOPMENT 1.QFHA 2.QFmHA 3.QX CONV. UNINS. 4. []VA 5.OCONV. INS. SETTLEMENT STATEMENT 8. FILE NUMBER: 7. LOAN NUMBER: AHR49-09 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown It ems marked (POCr were paid outside . the closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER: 1.0 mss (AHR49.09.PF0(AHR49-0W1$) E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: THOMAS J. AHRENS and CAROLYN G. MADEIRA ORRSTOWN BANK /ral^ CHRISTINE M. AHRENS 52 GETTYSBURG PIKE 305 CHESTNUT RIDGE DRIVE 77 EAST KING STREET (? 1 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 SHIPPENSBURG, PA 17257 G. PROPERTY LOCATION: 305 CHESTNUT RIDGE DRIVE H. SETTLEMENT AGENT: 25-1619811 ? 1. SETTLEMENT DATE: MECHANICSBURG, PA 17055 TRI-COUNTY ABSTRACT SERVICE ?, ( 7f • ?` F CUMBERLAND County, Penns vania ? PLACE OF SETTLEMENT ebruary12, 2(108 52 GETTYSBURG PIKE MECHANICSBURG, PA 17055 J. SUMMARY OF BORROWERS TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contrail Sales Price 750,000.00 401. Contract Sales Price 750 000 00 102. Personal Proe!q . 402. Personal Property 103. Settlement Cha s to Borrower Line 1 216,539.34 403. 104' 404. 105. 405. Ad usbnents For Items Paid 8 Setter' advance ' Adjustments For Hems Paid 8 Selierin advance 106. C !Town Taxes to 406. City/Town Taxes to 107. County Taxes to 407. County Taxes to 108. SCHOOL TAX 02/12/09 to 7/01109 2.734.24 408. SCHOOL TAX 02/12/09 to 07/01109 2 734.24 109. 409. , 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 969,273.58 : 420. GROSS AMOUNT DUE TO SELLER 752,734.24 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess Deposit See Instructions 202. Principal Amount of New Loans 300,000.00 502. Settlement Chs es to Sober Line 1400 203. Existi loans taken subject to 503. EAstin loans taken subject to 204. 504. Pa Hof erat MoRgage 205. _ 505. Pa N of second Morl a e 206. 506. 207. 507. 208. SELLER FINANCE 750,000.00 508. SELLER FINANCE 750,000.00 209. SELLER TAX PRORATIONS j - 2,498.60 509. SELLER TAX PRORATIONS 2,498.60 Ad ustments For Items Un id B S;1 187 A 'ustments For Items Unpaid B Seller 210. C' /Town Taxes 01/01/09 to /12109 235.64 510. City/Town Taxes 01/01109 to 02/12/09 235.64 211. County Taxes to 511. County Taxes to 212. SCHOOL TAX to 512. SCHOOL TAX to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 516. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 1,052,734.24 520. TOTAL REDUCTION AMOUNT DUE SELLER .752.734.24 300. CASH AT SETTLEMENT FROW TO BO ROWER: 800. CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Borrower Line 20) 1 969,273.58 601. Gross Amount Due To Seiler Line 420 752 734 24 302. Less Amount Paid By/For Borrower Line 20 ( 1,052,734.24 602. Less Reductions Due Seller Line 520) . ( 752,734.24 303. CASH ( FROM) ( X TO) BORROWER 83,460.86 603. CASH ( TO) ( FROM) SELLER 0.00 The undersigned hereby acknowledge race I HAVE CAREFULLY REVIEWED THE HU ACCURATE STATEMENT OF REC i THAT 1 HAVE RECEIVED A C OF E Borrower _ THO A J. A aaE/nrNS// l"'T CHRISTINE M. AHRE TO THE BEST OF MY K WLE GE, THE FUNDS WHICH WERE IV D ND H TRANSACTION. -'l WARNING: IT IS A CRIME TO KNOWINGLY CONVICTION CAN INCLUDE A FINE AND IN I a completed copy of pages 1 &2 of this statement & any attachments referred to herein. SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY-PE IN THIS TRANSN. I FURTHER CERTIFY IDA SETTLEMENT STATEMENT. SellerC CAROLYN G. EIRA fTL ENT TIyTgMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE OR LLB dt?t?RQ?F,2'ay?r`uscRSIGNED AS PART OF THE SETTLEMENT OF THIS FALSE STATEMENTS TO4A UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON NMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010. tai P.9. 7 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ % PAID FROM PAID FROM Division of Commission fine 700 as Follows: 1 BORROWER'S SELLER'S 707. $ t0 FUNDS AT FUNDS AT 702. $ to SETTLEMENT SETTLEMENT 703. Commission Paid at Settlement 704. TRANSACTION FEE to 600. ITEMS PAYABLE IN CONNECTION WI LOAN 801. Loan Origination Fee 0.5000 % to ORRSTOWN BANK 1,500.00 802. Loan Discount % to 803. Appraisal Fee to ORRSTOWN BANK 325.00 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. DOCUMENT PREP FEE to ORRSTOWN BANK 250.00 809. FLOOD SEARCH FEE to ORRSTOWN BANK 30.00 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 02112/09 to /01 Q $ /day ( 17 days %) 902. Mortgage Insurance Premium for nths to 903. Hazard Insurance Premium for 1.0 ars to 904. 905. 1000. RESERVES DEPOSITED WITH LEND R 1001. Hazard Insurance months $ per month 1002. Mortgage Insurance months III $ per month 1003. Ci Own Taxes months 5 per month 1004. County Taxes months $ per month 1005. SCHOOL TAX months $ per month 1006. months $ per month 7007. months $ per month 1008. AGGREGATE ESCROW ADJUSTME months 94 $ per month 1100. TITLE CHARGES 1101. Settlement or Closing Fee to 1102. CLOSING PROTECTION LETTER to FIRST AMERICAN TITLE INSURANCE COMPANY 35.00 1103. T e Examination to 1104. Tide Insurance Binder to 1105. Document Preparation to 1106. Notary Fees to CASH "SELLER FEE 8.00 1107. Attome s Fees to includes above item numbers: 1108. Title Insurance to TRI- UNTY ABSTRACTS RVICEIA ENT FOR 1ST AMERICA lncfudss above Ram numbersRE-IS UE 1109. Lenders overa e 5 300,000.00 1,672.88 `106694444PAL 1110.Owner's overage $ 1111. ENDORSEMENTS 100 300 710 to TRI-COUNTY ABSTRACT SERVICE 1.672.88 50.00 1 1112. 1113. 1200. GOVERNMENT RECORDING AND T NSFER CHARGES 1201. Records Fees: Deed 48.00 Mortgage $ $8.00; Releases $ S 106.00 ed 7,500.00* Mort a e 'SELLER FEE 1202. CilytCounty TsxfStsm II 7,500.00 1203. State Tax/Stamps: Revenue Stam s 7,500.00; Mortgage 7,500.00 1204. 1205. OVERNIGHT/COURIER FEES to TRI-COUNTY ABSTRACT SERVICE 'SELLER FEE 14.50 1100. ADDITIONAL SETTLEMENT CHARGE 1301. Survey to 1302. Pest Inspection t0 1303. TAX CERTIFICATION REIMBURSE to TRI-COUNTY ABSTRACT SERVICE 'SELLER FEE 5.00 1304. PAYOFF SELLERS 1ST MORTGAGE to ORRSTOWN BANK `SELLER FEE 197,442.96 1305. 1400. TOTAL SETTLEMENT CHARGES (E Z on Lines 103 Sectlon J and 502, ction K 216,539.34 B'i $Wi^o cope 1 or ea..Mp wk v. wMftft• moW or a W plat a copy of wa z a mi. Iffl(lP0gR as L SETTLEMENT OFFICER Settlement Agent Certified to be a true copy. (AHR4"91AHR49.0115) IEXHIBIT °F^ G59e ??IIIIfIII OOOAYN r1a Parcel # it -14) - 4&y(,-- a y y DEED This DEED, made the day of t'ebfvAl2?f , in the year of Our Lard two thousand nine (2009). Between BETWEEN CAROLYN G. MADEIRA, widow, of Pennsylvania, Grantor and THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, of Pennsylvania , Grantees WITNESSETH, that in consideration of SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000.00)! Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, as tenants by the entireties, their heirs and assigns; ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 5113.09 feet to a point on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a point; thence further by same North 63 degrees 05 minutes 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same'premises which Gene E. Rhoad and Kay D. Rhoad, by Deed dated April 15, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book F36, Page 744, granted and conveyed unto Frederick L. Madeira and Carolyn G. Mareira, husband and wife, which upon the death of Frederick L. Madeira on March 10, 2006 title vested solely in Carolyn G. Madeira, the Grantor herein. BEING Lot No. 3 on "Final Subdivision Plan of a 20.17 acre Tract of Land for; J.R. Freshman, Gene Rhoad, James Yeager", which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. BEING known and numbered as 305 Chestnut Ridge Drive. AND the Grantors hereby covenants and agrees that they will war nt generally ?t e property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. Signed, scaled and delivered in the presence tit: ??.?..?_-•,.. L ??G?? .?/ / ?1 (SEAL) CA LYN G. MADEIRA Certificate of Residence 1 hereby certify that the precise residence of the Grantees herein is as follows`. 3dS Gtr ? { t?dye IK"N,.csb.,•5 r r0A I'105,.5 At try for Grantees 4?(:,, r Acknowledgment COMMONWEALTH OF PENNSYLVANIA } SS. COUNTY OF ?'? On this, the day of 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Carolyn G. Madeira, widow, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OpMMONWEALTHOFPENNSYLV N!A EAL) •,Notary Public NoWial Seel M. Welhingoon. NofarY>'ubNc M WO- ClonbW104 C= E*W .Dec d 0 i Member, Pennsyivenla Asexiation of tarles ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200904059 Recorded On 2/17/2009 At 9:41:31 AM * Instrument Type - DEED Invoice Number - 37195 User ID - MBL * Grantor - MADEIRA, CAROLYN G * Grantee - AHRENS, THOMAS J * Customer - TRI-COUNTY * FEES STATE TRANSFER TAR $7,500.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $3,750.00 DISTRICT UPPER ALLEN TOWNSHIP $3,750.00 TOTAL PAID $15,048.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O % -`?" IZEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOAYN 111111111111111111111111 EXHIBIT "G" IRWIN LAW OFFICE "SOUTH PITT STREET HAROLD S. IRWIN, I I I CARLISLE, PENNSYLVANIA f7013 717-243-6090 PHONE www.irwinlawoice.com 717-243-9200 SARAH A. HARDESTY e-mail. irwinlawof>rce@gmail com FACSIMILE PARALEGAL FRCS/MILE COVER SHEET To Tom Ahrens - URGENTM Company: AHRENS LAW OFFICE Phone: 717-6971800 t FAX. 717-697-1866 From: HAL IRWIN Phone: 717-243-6090 Fax: 717-243-9200 Date: March 16, 2009 Pages including this cover page: 1 RE: Carolyn L. Madeira Tom: I must speak with you immediately regarding this transaction. I have serious questions about It and my clients are pressing me to take action. I would prefer not to do that without discussing this with you first. Again, I must speak with you ASAP. We have a long term relationship and I'want to handle this in as professional and amicable way as possible. However, I will not delay moving on it if 1 do not ear from you. Hal NOTE: If you did not receive all of the number listed on this letterhead. THA gas or it you have any problem with the clarity of this fax, please call us at the YOUI CONFIDENTIALITY NOTICE: This fax contains confidential information which may also be legally pr privileged. It is Intended only for the use of the addresses named above. If you are not the Intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this fax or the taking of any action on the reliance on the contents of this telecopied information may be strictly prohibited. If you receive this fax In error, please notify us immediately by telephone and return the entire fax to the above address via the US Postal Service. THANK YOUI E j XHIBIT "H" HAROLD S. IRWIN, I I I SARAH A. HARDESTY PARALEGAL March 18, 2009 THOMAS J AHRENS ESQ 52 GETTYSBURG PK MECHANICSBURG PA 17055 RE: Carolyn L. Madeira Dear Tom: www. irwinlawoffice. com e-mail: irwinlawoBrce@gmail.com 717-243-6090 PHONE 717-243-9200 FACSIMILE Thank you for calling me this morning, although under the circumstances, I cannot imagine you not begging to talk to me on Monday after I first called your office. Unfortunately, I find your explanation of the circumstances surrounding this transaction to be totally unacceptable. More importantly, it is not acceptable to my client, Carolyn Madeira, who is now in the unenviable position of having to go through with the purchase of her new home by April 1 e without the necessary funds to do so, or lose the $60,000 that she put down on it. Meanwhile, you walked away from this settlement with over $83,000 in your pocket and then further encumbered the property with another $225,000 mortgage less than a week later. As I told you this morning, in the absence of a call from you on Monday or Tuesday, and after learning Monday evening about the second mortgage, we had no choice but to initiate legal action Tuesday afternoon so that we could get a lis pendens placed upon the property immediately and stop the bleeding. You have probably not been served yet, but you should be aware that this action was filed) against you and Christine individually, as well as against you trading and doing business as'Ahrens Law Office. The latter addition is because I believe that there were serious violations of the Rules of Professional Responsibility and Code of Ethics in your handling of this matter. Furthermore, I have yet to see any indication that you have a serious intent and reasonable plan to redress the wrongs that have been done to Ms. Madeira. I started the action with a writ of summons so that we have some additional time to either resolve this without proceeding further, or to gather additional facts to include in the formal complaint. The only possible resolution that I see at this point is for you to make Carolyn whole: 1. Reconvey the property to her free of all liens and encumbrances, absorbing all of her costs from both transactions, her attorney fees and costs so far ($2,000), and arranging for her line of credit to be restored so that the $200,000 that you paid off can be paid off on the loan you took out. We would also expect interest to be paid from February 12, 2009 through the date of the reconveyance, which must be no later than April 15, 2009. 2. Paying her the oum of $555,108.14. 1 calculated that amount first by redoing the settlement sheet as it should have been done originally, showing her paying all of her costs and you paying yours. That resulted in a net to her of $547,528.14. To that I added, the $2,000 in legal fees and costs to date, and interest of $90 per day from IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 IRWIN LAW OFFICE Madeira v. Ahrens March 18, 2009 Page Two February 12, 2009 through April 15, 2009 (6% per annum for 62 days). Those figures total $555,108.14. 3. Either option would require you and Christine to execute a promissory note for the total amount, which note would be recorded in the Prothonotary's office and then satisfied upon full payment or the conclusion of the reconveyance. I must say that I wanted this to happen within a week to ten days. Frankly, I have been advised by another attorney with whom I discussed this (without mentioning any names) to take this situation immediately to the DA's office and the Supreme Court Disciplinary Board. I don't want to do that and neither do the Madeiras. In fact, it was Carolyn who insisted that we extend the date for performance to April 15, 2009. 1 caution you, however, not to take her willingness to provide this extra time as weakness on her part or as to the viability of her legal position. If by Monday, March 23, 2009, 1 obtain your agreement to either option and the executed promissory note which I have, attached, I will not proceed with the filing of a full complaint until you have had a chance to comply with your chosen option by April 15, 2009. If not, however, I will proceed next week to prepare and file the complaint as planned. I hope that will not be necessary. 7arold yours, S. I 1 ` 1 l EXHIBIT "1" Mar 20 2009 4s13PM Hoyle, Neblett 6 Wenger 717 737 2452 P.2 BOYLIE, -NEBLETT & ANGER attoztleys at law John P. Neblett Jpa®aebiettlaw.oosn 4660 Trin& Road, Suite 200 Camp Hill, PA 17011 T 717.737.2430 P 717.737.2432 w-w.dennuboylelaetcom - ,v.nv6letdaa.cotfl Via facsimile and US Mail March 20, 2009 Harold S. Irwin, III 64 South Pitt Street Carlisle, PA 17013 Re. Cumberland County Court of Common Plan, 09-1672 Dear Mr. Irwin: I have been retained to represent all Defendants in the above-captioned matter. Enclosed please find a courtesy copy of the Ptaecipe for Rule to File Complaint that was filed this afternoon in the office of the Protonotary. I would expect that you would receive it signed copy from the Prot1wnotary someame next week. Please also consider this notice that my clients are not interested in signing the Promissory None and Disclosure statements as forvvat+ded in, your letter dated March 18, 2009. To the contrary, Torn and Christie an looking forward to a complete airing of all the details related to this transaction through litigation and ultimately at trial, if necessary. Please refrain from azty fiuther contact with my clients, and you may direct any further communications nsuding this matter directly to me. I have instructed W. and Mrs. Ahrens not to conarn inicate Arther with Mr. Madeira or Carolyn Madeira, and, if contacted, to advise them that future contact be made through their individual counsel. At this point, while I am aware you ago counsel of record for the Plaintif& I am not aware whether you also intend to represent Mr. Madeira, and I would apps+eeate clarification on this point at your earliest convenience. Sincerely, JPN/lin Enclosures Cc: Thomas and Christiad Ahrens UNCGtNMCA7M THE LAW. Mar 20 2009 4:13PM Boyle, Neblett 6 Wenger 717 737 2452 BOYLB, N&MATT & WZNGBR By: John P. Neblett Win 200 4660 UWb Road Camp HIU, PA 17011 717.737.1430 CAROLYN L. MADEIRA, In the Court of Common Pleas of plaintiff : Cumberland County, Pennsylvania V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife No. 09-1672 Individually, and THOMAS J. AHRENS t/dtVa AHRENS LAW OFFICE, ; DefaAdsats. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule CAROLYN L. MADEIRA, plaintiff, to file a Complaint against THOMAS J. AHRESand CHRISTINE M. AHRENS, his wife Individually, and THOMAS J. AHRENS t/d/Wa AHRENS LAW OFFICE, Defendants, within 20 days hereof or suffer the entry of a Judgment Non Pros. Dated: March 20, 2009 RULE COMPLAINT AND NOW, this day of _ .2009p a Rule is hereby Granted upon CAROLYN L. MADEIRA, lplaintiff, to file a Complaint herein against THOMAS J. AHRENS and CHRISTINE M. AIDS, his wife Individually, and THOMAS J. AHRENS t/d/b/a AHRENS LAW OFFICE, defendants, within 20 days after service hereof or suffer the ca by of a Judgment of Non Pros. Prothonotary P.3 Attorney for Plaintiff: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Mar 20 2009 4:13PM Hoyle, heblett & Wenger 717 737 2452 P.1 PCONP FOX Note 7671 = ? 3 7b R1rIM C&Mw PUOM 0 Phorr ". 13 7 -1 RLE"ffICE OF THE PPCTHT,!O-TARY 2009 APR 14 PH 4: 18 ,. y SWARTZ CAMPBELL LLC BY: Jeffrey B. McCarron Identification No. 49467 Two Liberty Place 50 S. 16th Street, 28th Floor Philadelphia, PA 19102 (215) 299-4296 ------------------------------------ CAROLYN G. MADEIRA, Plaintiff, ------------------ v. THOMAS J AHRENS and CHRISTINE M. AHRENS,his wife individually, and THOMAS J. AHRENS, t/d/b/a/ AHRENS LAW OFFICE, Defendants. -------------------------------------------------- Attorneys for Defendants, Thomas J. Ahrens and Thomas J. Ahrens t/d/b/a Ahrens Law Office COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action No. 2009-1672 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendants, Thomas J. Ahrens and Thomas J. Ahrens, t/d/b/ Ahrens Law Office in the above matter. DATE: SWARTZ CAMPBELL LLC SWARTZ CAMPBELL LLC ATTORNEYS AT LAW FlLED-?,)rFICE OF 'HIE PP?THoNQTARy 2004 MAY -8 PH 2: 0 2 CUP, =1 ,; ,? " - PEP ?,S`r'LVA , SWARTZ CAMPBELL LLC BY: Jeffrey B. McCarron Identification No. 49467 Two Liberty Place 50 S. 16th Street, 28th Floor Philadelphia, PA 19102 (215) 299-4296 -------------------------------------- CAROLYN G. MADEIRA, Plaintiff, V. THOMAS J AHRENS and CHRISTINE M. AHRENS,his wife individually, and THOMAS J. AHRENS, t/d/b/a/ AHRENS LAW OFFICE, Defendants. ----------------------------------------------- Attorneys for Defendants, Thomas J. Ahrens and Thomas J. Ahrens t/d/b/a Ahrens Law Office COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action No. 2009-1672 Suggestion of Bankruptcy Defendants. Thomas J. Abrams and Christine M. Abrams, filed for bankruptcy protection pursuant Chapter 7 of the Bankruptcy Code on April 20, 2009. The bankruptcy case is pending in the Bankruptcy Court of the United States District Court for the Middle District of Pennsylvania, No. 09-02935. By: TZ CAMPBELL LLC B. MdCARRON Dated: May 6, 2009 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW CERTIFICATE OF SERVICE Jeffrey B. McCarron, Esquire, certifies that a true and correct copy of defendants' Thomas J. Ahrens and Thomas J. Ahrens t/d/b/a Ahrens Law Office's, suggestion of bankruptcy, was served on counsel listed below by first class, United States mail, postage pre-paid on May 6, 2009: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney for plaintiff John P. Neblett Boyle Nebliett & Wenger 4660 Trindle Road, Suite 200 Camphill, PA 17011 Attorney for co-defendant SWARTZ CAMPBELL LLC ATTORNEYS AT LAW United States Bankruptcy Court Voluntary Petition Middle District of Pennsylvania Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Ahrens, Thomas J Ahrens, Christine M All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names): DBA Ahrens Law Firm, PC; DBA Legal Directives, LLC; AKA Christine M McClain FDBA Ahrens Law Offices, PC Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN Last four digits of Soc. Sec. or Individual-Taxpayer I.D. ([TIN) NoJComplete EIN (if more than one, state all) (if more than one, state all) xxx-xx-6168 xxx-xx-6717 Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State): 3017 112 Dickinson Avenue 3017 112 Dickinson Avenue Camp Hill, PA Camp Hill, PA ZIP Code ZIP Code 17011 17011 County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Cumberland Cumberland Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code Location of Principal Assets of Business Debtor (if different from street address above): Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box) the Petition Is Filed (Check one box) (Check one box) ? Health Care Business 0 Chapter 7 ? Single Asset Real Estate as defined ? Chapter 9 ? Chapter 15 Petition for Recognition Individual (includes Joint Debtors) in I 1 U.S.C. § 101 (51 B) of a Foreign Main Proceeding ? Chapter t l See Exhibit D on page 2 of this form. ? Railroad ? Chapter 12 ? Chapter 15 Petition for Recognition ? Corporation (includes LLC and LLP) ? Stockbroker [I Commodity Broker ? Chapter 13 of a Foreign Nonmain Proceeding [I Partnership ? Clearing Bank ? Other (if debtor is not one of the above entities, (I Other Nature of Debts ) e of entit below ck this box and state t h . yp y c e (Check one box) Tax-Exempt Entity (Check box, if applicable) Debts are primarily consumer debts, ? Debts are primarily ? Debtor is a tax-exempt organization defined in I I U.S.C. § 101(8) as business debts. under Title 26 of the United States "incurred by an individual primarily for Code (the Internal Revenue Code). a personal, family, or household purpose." Filing Fee (Check one box) Check one box: Chapter 11 Debtors Full Filing Fee attached ? Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), ? Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51 D). ? Filing Fee to be paid in installments (applicable to individuals only). Must Check if: attach signed application for the court's consideration certifying that the debtor ? Debtor's aggregate noncontingent liquidated debts (excluding debts owed is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. to insiders or affiliates) are less than $2,190,000. ? Filing Fee waiver requested (applicable to chapter 7 individuals only). Must Check all applicable boxes: attach signed application for the court's consideration. See Official Form 3B. ? A plan is being filed with this petition. ? Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(6). Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY ? Debtor estimates that funds will be available for distribution to unsecured creditors. Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors ¦ ? ? ? ? ? ? ? ? ? 1- 50- too- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets ? ? ? ? ¦ ? ? ? ? ? $0 to $50,001 to $100,001 to SSW,ool $1,000,001 $10,000,001 $50,000,001 Sloo,oooool Si W0,001 More than $50,000 $100,000 $500,000 to sl to $10 to $50 to $100 to $500 to $1 billion $I billion million million million million million Estimated Liabilities ? ? ? ? ¦ ? ? ? ? ? solo S50,001 to 5100,001 to $500,001 51,000.001 S10,000,001 850,000,001 $100,000,001 $500,000,001 More than SSo,ooo $100,000 $500,000 to $1 to slo to $5o to sloo to $500 to $1 billion $1 billion million million million million million Case 1:09-bk-02935-MDF Doc 1 Filed 04/20/09 Entered 04/20/09 09:48:47 Desc Main Document Page 1 of 48 DI /mm?inl F,.m 11/1 /n Al Paee 2 Voluntary Petition Name of Debtor(s): Ahrens, Thomas J (This page must be completed and filed in every case) Ahrens, Christine M All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: - None - Location Case Number. Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number. Date Filed: - None - District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) (To be completed if debtor is required to file periodic reports (e.g., 1, the attorney for the petitioner named in the foregoing petition, declare that I forms l OK and I OQ) with the Securities and Exchange Commission have informed the petitioner that (he or she] may proceed under chapter 7, 11, pursuant to Section 13 or I5(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available and is requesting relief under chapter 11.) under each such chapter. I further certify that I delivered to the debtor the notice required by I 1 U.S.C. §342(b). ? Exhibit A is attached and made a part of this petition. X /s/ John P Neblett April 15, 2009 Signature of Attorney for Debtor(s) (Date) John P Neblett Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ? Yes, and Exhibit C is attached and made a part of this petition. E No. Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) ¦ Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: ¦ Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box) ¦ Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. ? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. ? Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes) ? Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) ? Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ? Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. ? Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 1:09-bk-02935-MDF Doc 1 Filed 04/20/09 Entered 04/20/09 09:48:47 Desc Main Document Page 2 of 48 nr vmcrar rorm r uual Pate 3 Voluntary Petition Name of Debtor(s): Ahrens, Thomas J (This page must be completed and filed in every case) Ahrens, Christine M Signatures Signature(s) of Debtor(s) (individual/Joint) 1 declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 711 am aware that 1 may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition) I have obtained and read the notice required by 11 U.S.C. §342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) ? I request relief in accordance with chapter 15 of title 11. United States Code. Certified copies of the documents required by 11 U.S.C. § 1515 are attached. ? Pursuant to 11 U.S.C. §1511,1 request relief in accordance with the chapter of title I 1 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X /s/ Thomas J Ahrens Signature of Debtor Thomas J Ahrens X /s/ Christine M Ahrens Signature of Joint Debtor Christine M Ahrens Telephone Number (If not represented by attorney) April 15, 2009 Date Signature of Attorney* X /s/ John P Neblett Signature of Attorney for Debtor(s) John P Neblett 80036 Printed Name of Attorney for Debtor(s) Bovle. Neblett $ Wenger Firm Name 4660 Trindle Road Suite 200 Camp Hill, PA 17011 Address Email: jpn@neblettlaw.com (717) 737-2430 Fax: (717) 737-2452 Telephone Number April 15, 2009 Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that 1 have been authorized to file this petition on behalfofthe debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual X Signature of Foreign Representative Printed Name of Foreign Representative Date Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in I 1 U.S.C. § 110; (2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under I 1 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19 is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(Required by 11 U.S.C. § 110.) Address X Date Signature of Bankruptcy Petition Preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. Title of Authorized Individual Date A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. §110; 18 US.C. §156. lase 1:Uy-DK-UZ93b-MUF Uoc 1 Filed 04/20/09 Entered 04/20/09 09:48:47 Desc Main Document Page 3 of 48 A12 -Y ?, a?g HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF CAROLYN G. MADEIRA, Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife, Individually, and THOMAS J. AHRENS, t/d/b/a AHRENS LAW OFFICE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW AND EQUITY NO. 2009 - /67'Z-- CIVIL TERM CERTIFICATE OF MERIT AS TO MADEIRA V. THOMAS J. AHRENS, T/D/B/A AHRENS LAW OFFICE I, Harold S. Irwin, III, Esquire, attorney for plaintiff, Carolyn G. Madeira, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was the cause in bringing about the harm. 2009 HAROLD S. IRWI144 III Attorney For Plainfiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court, ID No. 29920 cc: John P. Neblett, Esq. Attorney for Defendants F?L? ? , ?a : ?: ,1- ?; HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 94 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-0090 ATTORNEY FOR PLAINTIFF CAROLYN 0. MADEIRA, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW AND EQUITY THOMAS J. AHRENS and CHRISTINE M. AHRENS, his wife, Individually, and THOMAS J. : NO. 2009 - 1672 CIVIL TERM AHRENS, t/d/b/a AHRENS LAW OFFICE, Defendants PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued without prejudice. July 10, 2009 -dLL HAROLD S. IRWIN, II Attorney for plainti 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 OF Thy