pramco note and guaranty complaint

8/7/2019 Pramco Note and Guaranty complaint

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V I R G I N I A :

IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD

PRAMCO CV6 REO, LLC, ))Plaintiff )

)v. ) No. __________________

)THOMAS P. TURPIN )

Serve at: 12011 Taplow RoadMidlothian, VA 23112(Chesterfield County)(residence)

))))

MELANIE C. TURPIN )Serve at: 12011 Taplow Road

Midlothian, VA 23112(Chesterfield County)(residence)

))))

and ))

TURPIN’S AUTO FUELS, INC. )

Serve: Lee Robert Arzt, Esq., Registered Agent8001 Franklin Farms Road, #208Richmond, VA 23229 (Henrico)

)))

)Defendants )

)

COMPLAINT

Pramco CV6 REO, LLC (the “Plaintiff”), by counsel, for its complaint against Thomas P.

Turpin (sometimes “Turpin”), Melanie C. Turpin (sometimes “Mrs. Turpin”) and Turpin’s Auto

Fuels, Inc. (sometimes “Fuels”) (collectively, the “Defendants”) respectfully represents:

PARTIES

1. Plaintiff is a Delaware limited liability company with its principal place of

W. R. Baldwin, III (VSB #16988)Marchant, Honey & Baldwin, LLP5600 Grove AvenueRichmond, VA 23226



Voice: (804) 285-3888Fax: (804) 285-7779Counsel for Pramco CV6 REO, LLC

business in New York state. Its members are not residents of Virginia.

2. Thomas P. Turpin and Melanie C. Turpin are residents of Virginia, presently

residing at 12011 Taplow Road, Midlothian, VA 23112 in Chesterfield County, Virginia.

3. Turpin’s Auto Fuels, Inc. is a Virginia corporation with its principal place of

business in Virginia. Turpin’s Auto Fuels, Inc. is not in good standing due to delinquent fees

according the records of the Virginia State Corporation Commission published to the World

Wide Web.

SUBJECT MATTER JURISDICTION

4. This Court exercises subject matter jurisdiction under 28 U.S.C. § 1332 in that the

amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and

is between citizens of different States.

VENUE

5. Venue of this cause is laid in the Richmond Division of this Court under 28

U.S.C. § 1391 in that, inter alia, the Defendants reside in this Division.

FACTS

6. On or about August 3, 2005 Turpin made a certain Promissory Note (the “Note”)

in the principal amount of $398,022.57 payable to the order of Wachovia Bank, National

Association (“Wachovia”). A true copy of the Note is attached as Exhibit A. The Note, inter alia,

contains provisions for the waiver of jury trial, for confession of judgment and for the payment

of reasonable attorneys’ fees and expenses. The Note renewed, extended and/or modified that

certain Promissory Note dated July 27, 2004 (the "Original Promissory Note"), evidencing an

original principal amount of $398,022.57. The Note related to a business transaction and was not

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intended by the parties in any way as, and was not in fact for, personal, family, or household

purposes.

7. By Unconditional Guaranty dated July 27, 2004 (true copy attached as Exhibit B),

Mrs. Turpin unconditionally guaranteed “payment and performance” of all of the obligations

referenced therein, including but not limited to the Original Promissory Note and, because

Exhibit B authorized Wachovia in its sole discretion to modify or extend the terms of the

Original Promissory Note, the Unconditional Guaranty also guaranteed “payment and

performance” of the Note.

8. By Unconditional Guaranty dated July 27, 2004 (true copy attached as Exhibit C),

Fuels unconditionally guaranteed “payment and performance” of all of the obligations referenced

therein, including but not limited to the Original Promissory Note and, because Exhibit C

authorized Wachovia in its sole discretion to modify or extend the terms of the Original

Promissory Note, the Unconditional Guaranty also guaranteed “payment and performance” of

the Note.

9. By allonge dated September 13, 2006 (true copy attached as Exhibit D),

Wachovia paid the Note to the order of Pramco CV6, LLC, a Delaware limited liability

company. Wachovia also assigned the Note to Pramco CV6, LLC by Assignment attached hereto

as Exhibit E.

10. By joint letter from Wachovia and Pramco CV6, LLC dated September 15, 2006

to Thomas P. Turpin, which letter was mailed on or about that date, Wachovia and Pramco CV6,

LLC gave notice to Turpin of, inter alia, the assignment of the Note to Pramco CV6, LLC. A

true copy of this letter is attached as Exhibit F.

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11. By letter from Pramco CV6, LLC dated September 27, 2006 to Thomas P. Turpin,

which letter was mailed on or about that date, Pramco CV6, LLC gave notice to Turpin of a

corrected address for payment of the sums due under the Note. A true copy of this letter is

attached as Exhibit G.

12. By letter from Pramco CV6, LLC dated October 2, 2006 to Thomas P. Turpin,

which letter was mailed on or about that date, Pramco CV6, LLC gave certain notices to Turpin

and made certain requests as set forth therein. A true copy of this letter is attached as Exhibit H.


which letter was mailed on or about that date, Pramco CV6, LLC gave notice to Turpin of

payment defaults under the Note and demanded cure thereof. A true copy of this letter is attached

as Exhibit I.


which letter was mailed on or about that date, Pramco CV6, LLC gave notice to Turpin of

acceleration of all obligations payable under the Note, demanded payment in full thereof and

imposed the default interest rate of 10.8% per annum. A true copy of this letter is attached as

Exhibit J.

15. By assignment made as of February 28, 2007 (true copy attached as Exhibit K),

Pramco CV6, LLC assigned, inter alia, the Note to the Plaintiff and the Plaintiff is the holder of

the Note.

16. No payments have been made to the account of the Note since March, 2006.

17. As of April 18, 2007, the balance due on the Note was $400,821.70 in principal,

$39,728.87 in accrued unpaid interest and $3,055.00 in late charges. Pre-judgment per diem

interest presently accrues in the amount of $114.46.

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Exhibit Summary

A NoteB Mrs. Turpin guarantyC Fuels guarantyD Sept 13, 2006 allongeE Assignment of LoanF Joint letter to TurpinG Revised notice on payment placeH Oct 2 notice/request letter to TurpinI Oct 2 notice of defaultJ Oct 13 notice of acceleration

K Assignment to Pramco CV6 REO, LLC

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pramco note and guaranty complaint

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