Beruflich Dokumente
Kultur Dokumente
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
PARTIES
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.
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
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
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
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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.
13. 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 notice to Turpin of
payment defaults under the Note and demanded cure thereof. A true copy of this letter is attached
as Exhibit I.
14. By letter from Pramco CV6, LLC dated October 13, 2006 to Thomas P. Turpin,
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
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WHEREFORE, premises considered, Pramco CV6 REO, LLC, by counsel, demands
judgment against all Defendants jointly and severally in the sum of $443,605.57 as of April 18,
2007, together with reasonable attorneys’ fees, other expenses of collection, court costs, pre-
judgment default interest in the amount of $114.46 commencing April 18, 2007 until the entry of
By: ____________________________
Of Counsel
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Exhibit Summary
A Note
B Mrs. Turpin guaranty
C Fuels guaranty
D Sept 13, 2006 allonge
E Assignment of Loan
F Joint letter to Turpin
G Revised notice on payment place
H Oct 2 notice/request letter to Turpin
I Oct 2 notice of default
J Oct 13 notice of acceleration
K Assignment to Pramco CV6 REO, LLC