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art c~._ t~r~n, .7r_ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Parma At H~' LP R L~aood NO. ~ - VII 20 13
~` Defendant
Civil Term
NOTICE TO DEFEND
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 FILLING 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 JUDGEMENT 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 PEOPERTY
OR OCHER 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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ROBERT C. BORDEN, JR., No.
Plaintiff
vs.
PARKVIEW AT BOILING SPRINGS,
LIMITED PARTNERSHIP, .
BONY R. DAWOOD, and NEELOFAR
DAWOOD, .
Defendants
COMPLAINT
AND NOW, comes the Plaintiff, Robert C. Borden, Jr., and by his attorneys, Blakey,
Yost, Bupp & Rausch, LLP, presents his Complaint against the above-captioned Defendants,
stated as follows:
1. The Plaintiff is Robert C. Borden, Jr., an adult individual residing at 130 Valmere
Path, York, Pennsylvania 17403.
2. Defendant Parkview at Boiling Springs, Limited Partnership (hereinafter referred
to as the "I,P"), is a Pennsylvania limited partnership, with Parkview Development GP, Inc., as
its general partner, and with a business address of 2014 Mountain Pine Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
Defendants Bony R. Dawood and Neelofar Dawood are husband and wife, each
adult individuals, and each with an address of 2014 Mountain Pine Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
4. Defendant Bony R. Dawood is the President of Parkview Development GP, Inc.,
the general partner of the LP.
On June 6, 2008, the Dawoods and the LP (by Mr. Dawood as President of its
general partner) executed an Amended and Restated Promissory Note pursuant to which each of
the Defendants promised to pay to Plaintiff the sum of $500,000.00, plus interest, in accordance
with the terms therein set forth. A true and correct copy of the Amended and Restated
Promissory Note is attached hereto as Exhibit A and incorporated herein by reference.
6. Paragraph 3 of the Amended and Restated Promissory Note provides, in part, that
"If the outstanding principal balance is not paid by December 31, 201 1, the principal balance due
under this Note shall be increased to $550,000.00 as of January 1, 2012.."
7. On June 20, 2011, the parties executed an Agreement to Amend Note Repayment
Terms, which, in relevant part, at Paragraph 2, provides that "The Note dated June 6, 2008, in the
amount of $500,000.00 payable to Robert C. Borden, Jr., shall be paid in full on or before
December 31, 2011." A true and correct copy of the Agreement to Amend Note Repayment
Terms is attached hereto as Exhibit B and incorporated herein by reference.
8. On January 31, 2012, the parties executed a Second Agreement to Amend Note
Repayment Terms, which identifies the Amended and Restated Promissory Note as the
"$550,000 Note", and which, in relevant part, at Paragraph 5, provides that "The $550,000 Note
shall begin accruing interest effective January 1, 2012, but maker thereunder may defer interest
payments until December 1, 2012, at which time all interest for the year 2012 ($28 875 00) shall
be paid. Beginnin Jg anua 1, 2013 monthl~payments shall be made in accordance with the
Note. Any interest payment not paid on time in accordance with the Note and this Amendment
will adjust all interest for that period and going forward until the Note is paid in full from Prime
+ 2% to Prime + 4%." (Emphasis added). A true and correct copy of the Second Agreement to
Amend Note Repayment Terms is attached hereto as Exhibit C and incorporated herein by
reference.
As of the date of the filing of this Complaint, and despite repeated demands for
payment by Plaintiff, the Defendants have failed and refused to pay to Plaintiff the interest
payments called for under Paragraph 5 of the Second Agreement to Amend Note Repayment
Terms.
l 0. In accordance with Paragraph 5 of the Second Agreement to Amend Note
Repayment Terms, the interest due and owing on the unpaid principal balance of the Amended
and Restated Promissory Note is to be calculated at the rate of Prime + 4% per annum as a result
of the Defendants' failure to make timely interest payments. "Prime" interest, as defined in the
Amended and Restated Promissory Note, is 3.25% per annum, meaning the rate of interest now
applicable to the principal balance owed by the Defendants is 7.25% per annum.
11. Under Section 6(a) of the Amended and Restated Promissory Note, as amended,
the "Failure by the Makers to pay any sum within five (5) calendar days after such payment is
due" constitutes an "Event of Default."
12. Under Section 7(a) of the Amended and Restated Promissory Note, as amended,
"Upon the occurrence of an Event of Default.... [Plaintiff] may, by written notice to Makers,
declare all amounts evidenced by this Note immediately due and payable."
13. On January 23, 2013, having received no interest payments from the Defendants
as required under the terms of the Amended and Restated Promissory Note, as amended by the
Second Agreement to Amend Repayment Terms, the Plaintiff, through. its counsel, formally
declared the Defendant to be in default by issuing a written Notice of Default addressed to each
of them and delivered by United States Mail, first class, postage prepaid, to the address shown on
the Amended and Restated Promissory Note. A true and correct copy of the Notice of Default is
attached hereto as Exhibit D and incorporated herein by reference.
14. In his Notice of Default to the Defendants, the Plaintiff declared all amounts due
and owing under the Amended and Restated Promissory Note, as amended, immediately due and
payable.
15. Accordingly, as of the date of the filing of this Complaint, the Defendants owe to
the Plaintiff, jointly anal severally, the following amount, which is immediately due and payable:
A. Unpaid Principal Balance ................ $550,000.00
B. Accrued, Unpaid Interest for 2012...... $ 39,875.00
C. Accrued, Unpaid Interest for 2013...... $ 6,645.84
D. Late Penalty of 5% on Unpaid Balances $ 29,826.04
E. Plaintiff s Attorney's Fees to Date...... $ 1 330.00
TOTAL DUE as of date of filing .................. $627,676.88
16. From the date of the Complaint forward, interest shall continue to accrue on the
unpaid principal balance of $550,000.00 at the rate of 7.25% per annum, late fees shall continue
to accrue at the rate of 5.0% of all unpaid balances, and attorney's fees shall continue to accrue
as they are incurred.
17. At no time has the Plaintiff waived its right to, or forgiven, payment of the
amounts due and owing under the Amended and Restated Promissory Note, as amended.
4
WHEREFORE, the Plaintiff, Robert C. Borden, Jr., demands judgment against each of
the above-captioned Defendants, jointly and severally, in the amount of $627,676.88, plus
interest, late fees and attorney's fees as those amounts continue to accrue in accordance with the
terms of the Amended and Restated Promissory Note, as amended.
Respectfully sub}ed,
Bradley J. L'elfer, Esquire
Supreme Ct. ID No. PA69317
BLAKEY, YOST, BUPP & RAUSCH, LLP
17 East Market Street
York, PA 17401
(717) 845-3674
Attorney for Plaintiff Robert C. Borden, Jr.
v ER1FICw"CI O:~
i ~~~rif~ that the t~acts set tixth in the I~~~rezoin~ ~~~~m~~l,zint are true and currc~t. %~:~ti~'t~
up,,t~ ia~~ perxm~al knc~~aled~e ~~r informati«n anii helief~. This ~erificatitm is t~~ade ~uhl~•ct ~<~ ti~~~
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AMENDED ,AND RESTA7'EI7 PROMISSORY NOTE
$500,000.00 June 6, 2008
Mechanicsburg, Pennsylvania
This Note amends and replaces a Promissory Note in the amount of $500,000.00, dated
September 20, 2007, between Parkview at Boiling Springs Limited Partnership and Bony R.
Dawood, an adult individual, and Neelofar Dawood, an adult individual, as Makers, and Robert
C. Borden, Jr., as Payee.
FOR VALUE RECEIVED, and as additional consideration for tl-,e assigmnent of real
estate option of even date herewith, Parkview at Boiling Springs Limited Partnership and Bony
R. Dawood, an adult individual, and Neelofaz Dawood, an adult individual, (`Makers") all with
an address at 2014 Mountain Pine Drive, Mechanicsburg, Pennsylvania, promise to pay to the
order of Robert C. Borden, Jr., an adult individual (`Payee"), with an address at 130 Valmere
Path. York, Pennsylvania, or at such other place as Payee may from time to time designate in
writing, the principal sum of Five Hundred Thousand Dollars ($500,000.00) in lawful money of
the United States of America, on the conditions described below, and ifl and only if, the
contingencies described below are satisfied.
1. Interest. Interest shall not accrue on the unpaid principal balance of this Note
until January 1, 2012. After such date, interest shall accrue at an initial interest rate calculated by
adding two percent (2%) to the Prime Rate as published on January 1, 2012, by M&T Bank,
Harrisburg, PA. The said interest rate shall be an adjustable rate and shall be adjusted on a
quarterly basis, but with a lifetime cap of five percent (5%} above the initial interest rate as
established on January 1, 2012. Interest shall be paid no later than the fifth day of each month
beginning February 1, 2012.
2.. Pam. Prior to December 31, 2015, principal shall be due and payable at the
discretion of the Makers. No payment of either principal or interest shall be due under this Note
unless the pending Conditional Use Application for real estate that is the subject of an
Assignment Agreement between the parties is granted and Makers obtain final approval of a
Final Subdivision Plan for the same real estate.
3. Final Payment. The outstanding principal balance of this Note, all accrued
interest, and all other sums owed hereunder shall be due and payable on or before December 31,
2015, if the contingencies in Paragraph 2 above aze satisfied. If the outstanding principal
balance is not paid by December 31, 2011, the principal balance due under this Note shall be
increased to $550,000.00 as of January 1, 2012.
4. Prepayments. This Note may be prepaid at any time and from time to time, in
whole or in part, without premium or penalty. Any partial prepayments of principal shall be
applied in the inverse order of maturity and shall not postpone or reduce any regulazly scheduled
payment of principal.
5. Application of P~ments. All payments shall be applied first to payment in full of
any costs incurred in the collection of any sum due under this Note, including (without
limitation), reasonable attorneys' fees, then to the payment of the unpaid accrued interest and
principal balance of this Note.
6. Events of Default. Each of the following shall constitute an Event of Default:
(a) Nonpayment. (i) Failure by the Makers to pay any sum within five (5)
calendar days after such payment is due under this Note. A late payment penalty equal to five
percent (5%) of the unpaid balance of any said payment shall be due on any amount paid more
than five calendar days after its due date.
(b) Falsity of Representations and Warranties. Any representation or
warrann~ made by the Makers in this Note or in any certificate financial or other statement
furnished at any time under or in connection with this Note shall be false or misleading in any
material respect when made.
(c) Voluntar~ptcy, etc. The commencement by Makers of a voluntazy
case under the Federal Bankruptcy Code, as now constituted or hereafter amended, or any other
applicable federal or state bankruptcy, insolvency, reorganization, rehabilitation or similar law or
the consent by it to the appointment of or taking possession by a receiver, liquidator, assignee,
trustee, custodian, sequestrator (or other similaz official) of Makers or for any substantial part of
the property of Makers of the making by Makers of any assignment for the benefit of creditors,
or the failure of Makers generally to pay its debts as such debts become due.
(d) Involuntary Bankruptcy. The entry of a decree or order for the relief by a
court having jurisdiction in respect of Makers in an involuntary case under the Federal
Bankruptcy Code, as now or hereafter constituted, or any other applicable federal or state
bankruptcy. insolvency or other similaz law, or appointing a receiver, liquidator, assignee,
custodian, trustee, sequestrator (or any other similaz official) of Makers or for any substantial
part of Makers property, or ordering the winding up or liquidation of Makers' affairs and the
continuance of any such decree or order unstayed and in effect for a period of sixty (60)
consecutive calendar days.
7. Default: Rights, Remedies. Upon the occurrence of an Event of Default as
defined in Section 6 above and so long as the Event of Default shall continue uncured and
unwaived.
(a) In the case of an Event of Default described in Paragraph 6(a) through 6(c)
above. Payee may, by written notice to Makers, declare all amounts evidenced by this Note
immediately due and payable.
(b) In the case of an Event of Default described in Paragraph 6(d) above, all
amounts evidenced by this Note shall become due and payable automatically and immediately.
(c} Payee may exercise all rights provided in law or equity.
(d) The remedies of Payee shall be cumulative and concurrent, and may be
pursued singly, successively, or together at its sole discretion, and may be exercised as often as
the occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no
event be construed as a waiver or release thereof.
8. Waivers. Makers waives presentment for payment, demand, notice of
dishonor, protest, and notice of protest with regard to this Note, all errors, defects and
imperfections in any proceedings instituted by Payee under the terms of this Note, and all benefit
that might accrue to Makers by virtue of any present or future laws exempting arty personal
property, or any part of the proceeds arising from any sale for any stay of execution, exemption
from civil process, or extension of time for payment.
9. Construction. This Note shall be construed and enforced in accordance with the
domestic, internal law, but not the law or principles of conflict of laws, of the Commonwealth of
Pennsylvania. The captions preceding the rest of the pazagraphs of this Note aze inserted only for
convenience of reference and shall not constitute a part of this Note, nor shall they in any way
affect its meaning, construction, or effect.
10. Severability. Any provision contained in this Note which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition of unenforceability without invalidating the remaining provisions hereof, and any
such prohibition or unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.
11. Successors and Assigns. The provisions of this Note shall bind and inure to
the benefit of Makers and Payee and their respective successors and permitted assigns.
IN WITNESS WHEREOF, Makers, intending to be legally bound hereby, have duly
executed this Note the day and year first written above.
ATTEST'
Pazkview at Boiling Springs Limited
Partnership, by its GeneAal Partner,
Parkview
Inc.
WITNES
.,~/
ony awood
_'-~
lti'eelofar Dawood
COMMONWEALTH OF PENNSYLVANIA
SS
On this, the day of , 2008, before me, a Notary Public, personally
appeared Bony R. Dawood who ac owledges himself to be the President of Parkview
Development GP, Inc., the general partner of Parkview at Boiling Springs Limited Partnership, a
Pennsylvania limited partnership, and that he as such President being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name of said
corporation by himself as President.
Notary Public
.....~~,
KAMN R MOMAf
~C'1lIAhID t~0ui11f
14 X004
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ~ ~,Q,~ ~~~~ ;
On this, the ~o~-- day , 2008, before me, the undersigned officer,
personally appeared Bony R. Daw d, and adult individual, and Neelofar Dawood, an adult
individual, known to be (or satisfactorily proven to be) the person whose name is subscribed to
the within instrument, and acknowledged that he executed the within instrument for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
~-
AGREEMENT TO AMEND NOTE REPAYMENT TERMS
THIS AGREEMENT, made this ~ day of June 2011, by and among
Bony R. Dawood and Neelofar Dawood, husband and wife, adult individuals,
Parkview at Boiling Springs Limited Partnership, a Pennsylvania limited
partnership, Robert C. Borden, Jr., an adult individual, and KBR, a
Pennsylvania general partnership.
WHEREAS, Bony R. Dawood and Neelofar Dawood are the Makers of
a $500,000 Note to Robert C. Borden, Jr., as payee, dated June 6, 2008, and
which is due to be paid in full on or before December 31, 2016, subject to
certain contingencies as set forth in the original Note, and increases to
$550,000 if said Note is not paid in full on or before December 31, 2011; and
WHEREAS, Parkview at Boiling Springs Limited Partnership, Bony R.
Dawood and Neelofar Dawood, are the Makers of a $500,000 Note to KBR, as
payee, dated June 6, 2008, which is due to be paid in full on or before
December 31, 2015; and
WHEREAS, Parkview at Boiling Springs Limited Partnership is the
Maker of a $150,000 Note to Robert C. Borden, Jr., as payee, which is due to
be paid as certain residential real estate lots are sold; and
WHEREAS, the parties wish to amend the repayment terms of the
three Notes above-mentioned.
NOW, THEREFORE, the parties, intending to be legally bound, hereby
agree as follows:
1. The Note dated June 6, 2008, in the amount of $500,000,
pa3 able to KBR, shall be paid in full on or before December 31, 2012.
2. The Note dated June 6, 2008, in the amount of $b00,000,
payable to Robert C. Borden, Jr., shall be paid in full on or before
December 31, 2011.
3. Upon the payment of the Note referenced in Paragraph No. 2
above on or before December 31, 2011, the Note dated September 20, 2007, in
the amount of $150,000 and payable to Robert C. Borden, Jr., shall be
deemed paid in full, and the original shall be marked "satisfied in full" and
returned to Parkview at Boiling Springs Limited Partnership.
4. The amendment of the repayment terms of the three Notes
referenced in this Agreement is a negotiated agreement and settlement
among the parties, and under no circumstances shall any party or third-party
treat any amounts covered by any of the Notes as forgiveness of debt.
5. The term of each Note as modified by this Agreement, including
the provisions for the enforcement of same, are hereby ratified and confirmed.
6. This Agreement constitutes the entire agreement among the
parties relating to the subject matter hereof. This Agreement cannot be
amended except in a writing signed by all parties hereto.
2
IN WITNESS WHEREOF, the parties have caused thi8 Agreement to
be duly executed, the day and year first above-written.
WITNESS:
Y /~
Neelofar Dawood
Robert C. Orden, Jr.
PARKVIEW AT BOILING SPRINGS
_i
~~
THIS AGREEMENT, made this ~~day of January, 2012, by and among Bony R
Dawood and Neelofar Dawood, husband and wife, adult individuals, Parkview at Boiling
Springs Limited Partnership, a Pennsylvania limited partnership, Robert C. Borden, Jr., an adult
individual, and ICBR, a Pennsylvania general partnership.
WHEREAS, Bony R. Dawood and Neelofar Dawood are the Makers of a $500,000 Note
to Robert C. Borden, Jr., as payee, dated June 6, 2008, ("$550,000 Note's and which is due to be
paid in full on or before December 31, 2015, subject to certain contingencies as set forth in the
original Note, and increased to $550,000 since the Note was not paid in full by December 31,
2011; and
WHEREAS, Parkview at Boiling Springs Limited Partnership ("Parkview'~, Bony R
Dawood and Neelofar Dawood, are the Makers of a $500,000 Note to ICBR ("KBR Note', as
payee, dated June 6, 2008, which is due to be paid is full oa or before December 31, 2012; and
WHEREAS, Parkview is the Maker of a $150,000 Note ("150,000 Note's to Robert C.
Borden, Jr., ("Borden's as payee, which is due to be paid as certain residential real estate lots are
sold; and
Vf~IiEREAS, the parties executed an Agreement to Amend Note Repayment Terms dated
June 20, 2011; and
WHEREAS, the parties wish to amend the repayment teens of the three Notes above-
mentioned,
NOW, THEREFORE, the parties, intending to be legally bound, hereby agree as follows:
1. The KBR Note is secured by, among other assets, a Third Mortgage against
10105 Allentown Boulevard, Grantville, Pennsylvania ("Grantville Property") as set forth in
instrument #20080021941.
2. Parkview intends to refinance the Grantville Property.
3. KBR shall release its mortgage against the Crantville Property to enable the
borrowers' lender (anticipated to be Centric Bank) to secure its loan(s). Once the transactions
with the lender are completed, including without limitation obtaining a line of credit secured by
the Grantville Property, KBR may record a second mortgage against the Grantville Property to
secure the KBR Note. Said Note shall be paid is full on or before December 20, 2012.
4. From the proceeds of the refinance of Grantville Property, Borden shall be paid
$125,000 which shall be deemed payment in full of the $150,000 Note.
5. The $550,000 Note shall begin accruing interest effective January 1, 2012, but
maker thereunder may defer interest payments until December 1, 2012, at which time all interest
for the year 2012 ($28,875.00) shall be paid. Beginning January 1, 2013 monthly payments shall
be made in accordance with the Note. Any interest payment not paid on time in accordance with
the Note and this Amendment will adjust all interest for that period and going forward until the
Note is paid in full from Prime + 2% to Prime + 4%.
6. The amendment of the repayment terms of the three Notes referenced in the
Agreement is a negotiated agreement and settlement among the parties, and under no
circumstances shall any party or third party treat any amounts covered by any of the Notes as
forgiveness of debt.
7. The term of each Note as modified by this Agreement, including the provisions
for the enforcement of same, are hereby ratified and confirnned.
8. This Agreement constitutes the entire agreement among the parties relating to the
subject matter hereof. This Agreement cannot be amended except in a writing signed by all
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
Bo y R a
Neelofar Dawood
i
Robert C. Borden, Jr.
Parkview at Boiling Springs I.imitod
Partnership
c~P
eral
ICBR
G,~~ ~.~
Witness/A~+e3~:°
Donald B. Hoyt
Charles A. Rausch
Bradley J. Leber
David A. Mills
John J. i3aranski, Jr.
Seth E. Springer
*LLM, Taxation
B LeberGblakeyyost.com
Parkview at Boiling Springs LP
Bony R. Dawood
Neelofar Dawood
2014 Mountain Pine Drive
Mechanicsburg, PA ].7050
Blakey, Yost, Bupp &Rausch, LLP
Attorneys at Law
January 23, 2013
retired
Donald H. Yost
hlilci i G. Blakey
(1929-2012)
David Wm. Bupp
(1938-2010)
Re: Amended and Restated Promissory Note dated June 6, 2008, as later amended
NOTICE OF DEFAULT
Dear Sir and Madam:
As you know, this firm represents Robert C. Borden, Jr. Our client has instructed us to
provide each of you with this NOTICE OF DEFAULT in accordance with the terms of the
above-referenced Amended and Restated Promissory Note, as amended (the "Note").
Pursuant to Paragraph 5 of the Second Agreement to Amend Note Repayment Terms
dated January 31, 2012, the following payments are past due:
- Interest payment in the amount of $28,875.00 was due and owing on
December 1, 2012 (amount now increased to $39,875.00 as mandated by
Paragraph 5 for failure to pay timely); and
- Interest payment in the amount of $3,322.92 was due and owing on January 1,
2013, for the month of December 2012.
You are now more than eve (5) calendar days past due on both payments, and as such,
pursuant to Section 6(a) of the Note, you are in default of your obligations thereunder.
Moreover, in accordance with Section 7(a) of the Note, Mr. Borden now declares all amounts
evidenced by that Note, as amended, immediately due and payable, including the principal
balance of $550,000.00.
This letter will serve as your only formal notice of default, and is all that is required
under the terms of the Note. You may cure the default by making the past due payments, and
any payments that become due in the interim period, by noon on February 1, 2013. Upon the
r eeeipt of said payments, Mr. Borden will reinstate the Note, which wili thereafter bear interest at
Celebrating Over 30 Years of Excellence
17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839
Visit our website at www.blakeyyost.com
January 23, 2013
Page
the conceded rate of prime plus 3%. If all payments are not received by that date, we will
proceed with legal action to enforce the Note.
Sin ,
I
Bradle er
BLAu.EY, YG'ST, BUPP ~-, R~USCu, LLP
BJL/j is
via first class mail
cc: Robert C. Borden, Jr.
Stephen C. Nudel, Esquire (via email)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
ROBERT C. BORDEN,JR., No. 13-661-2013
Plaintiff
VS.
PARKVIEW AT BOILING SPRINGS,
LIMITED PARTNERSHIP,
BONY R. DAWOOD,and NEELOFAR
DAWOOD,
Defendants
PRAECIPE TO WITHDRAW AND DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please mark the above-captioned action withdrawn and discontinued.
Respectfully sub ' ed,
Bradley J. a er, Esquire
Supreme Ct. ID No. PA69317
BLAKEY, YOST,BUPP&RAUSCH, LLP
17 East Market Street
York,PA 17401
(717) 845-3674
Attorney for Plaintiff Robert C. Borden,Jr.
CERTIFICATE OF SERVICE
I hereby certify that I have, on this date, served the foregoing Amended Complaint on the
person indicated below by placing a copy of same in the United States Mail, first class,postage
prepaid,to the address shown:
Stephen C.Nudel, Esquire
219 Pine Street
Harrisburg, PA 17101
Date:
Bradley J. Leber, Esquire
2