A Terroristic Divorce

Jeffrey Trauger, Esq. of GRIM, BEIHN & THATCHER, filed a foreclosure action without having ANY loan documents on behalf of First Savings Bank of Perkasie.

Defendant responded requesting ‘the note’ and a full accounting from the bank of the ‘loan’.

Without ANY documentation, First Saving Bank and Trauger wanted out of their improper foreclosure action.

KTMT purchased the ‘zombie loan’ from First Savings Bank for One Dollar ($1) and have continued with vexatious, unsubsantiated and fraudulent litigation for the last 3+ years.

Protecting Grim Beihn & Thatcher & First Saving Bank of Perkasie by concealing the initial fraud, KTMT would be compensated through the theft of a property valued at $1.2 million for a $1 investment and the costs of litigation – which may include inducements for Court Administration to prevent hearings and obtain default judgments.

The following motions were filed as they attempt to take possession of the property.
MOTION TO DISMISS THE PLAINTIFF’S PETITION TO APPOINT NICOLE PLANK, ESQUIRE, RECEIVER
AND
MOTION TO DISMISS PLAINTIFF”S MOTION FOR DISPOSITION OF PLAINTIFF PETITION TO APPOINT NICOLE PLANK, ESQUIRE, RECEIVER

MOTION FOR INVESTIGATION

MOTION TO ADDRESS PLAINTIFF’S PURPORTED ‘JUDGMENT’

MOTION TO ADDRESS PLAINTIFF’S LACK OF STANDING

MOTION TO ADDRESS PLAINTIFF’S PURCHASE / ASSIGNMENT

(Filed in Bucks County, PA)

1. Nicole Plank, Esquire, has been attempting to conceal a ‘lack of standing’ in this matter for years, while generating excessive volumes of litigation which has been vexatious, fraudulent and determined to misinform and misdirect this Honorable Court. Her fraudulent efforts persist.

2. Ms. Plank’s deliberate negligence in failing to respond, indicate or demonstrate proper and lawful standing in this matter causes a lack of jurisdiction for the Court. The purported JUDGMENT she again fails to present is defective and void and issued without lawful jurisdiction.

3. There have been no hearings in this matter before the Court of Common Pleas, Bucks County.

4. The timely Reply and Responses by the Defendant to each step of litigation has challenged issues which relate to standing, jurisdiction, and lack of relevant documentation or signed paperwork which indicates the existence of the loan which they are attempting to foreclose.

5. The Plaintiff’s failure and neglect to respond to issues; address questions; avoidance of hearings, testimony and evidence; repeated seeking of improper default judgments; etc… Plaintiffs fraudulent actions demonstrates the motivation and participation in the fraudulent scheme.

Jeffrey Trauger, Esq. of GRIM, BEIHN & THATCHER, filed a foreclosure action without having ANY loan documents on behalf of First Savings Bank of Perkasie.

Protecting Grim Beihn & Thatcher & First Saving Bank of Perkasie by concealing the initial fraud, KTMT would be compensated through the theft of a property valued at $1.2 million for a $1 investment and the costs of litigation – which may include inducements for Court Administration to prevent hearings and obtain default judgments.

AN INAPPROPRIATE RECEIVER

For those reasons set forth above, including but not limited to the fraud and deceptive practices and activities demonstrated and perpetrated by Nicole Plank, Esq;

and

Upon review and consideration of the following Motions filed concurrently and fully incorporated into this document which demonstrate the fraudulent and deceptive actions in this matter currently before the Court;

The Defendant STRONGLY OBJECTS to the appointment of Nicole Plank, Esq. As Receiver.

WHEREAS,

Defendant requests this Honorable Court DISMISS The Plaintiff’s Petition To Appoint Nicole Plank, Esquire, Receiver with prejudice.

UNDO HASTE TO APPOINT RECEIVER

For those reasons set forth above, including but not limited to the fraud and deceptive practices and activities demonstrated and perpetrated by Nicole Plank, Esq;

Where the Plaintiff”S Motion For Disposition Of Plaintiff Petition To Appoint Nicole Plank, Esquire, Receiver has been filed concurrently with a Petition seeking appointment, demonstrates an aggressive and vexatious effort by the Plaintiff seeking haste to prevent a careful review of the matter

and

Upon review and consideration of the following Motions filed concurrently and fully incorporated into this document which demonstrate the fraudulent and deceptive actions in this matter currently before the Court;

The Defendant STRONGLY OBJECTS to the undo haste requested in PLAINTIFF”S MOTION FOR DISPOSITION OF PLAINTIFF PETITION TO APPOINT NICOLE PLANK, ESQUIRE, RECEIVER.

WHEREAS,

Defendant requests this Honorable Court DISMISS PLAINTIFF”S MOTION FOR DISPOSITION OF PLAINTIFF PETITION TO APPOINT NICOLE PLANK, ESQUIRE, RECEIVER with prejudice.

Respectfully,

(filed in Bucks County, PA)
Defendant requests the Honorable Court refer the matter to the proper law enforcement organization for investigation of the crimes committed by the Plaintiffs and their representative counsel.

Defendant calls judicial notice where there exists various Attorney-Client relationships involving the Bucks County District Attorney, the Plaintiffs, their legal representatives, and various organizations within the Bucks County Courthouse including Court Administration by which the mandates of Confidentiality pursuant to Rule 1.6 Confidentiality of Information prevents investigation and prosecution while obstructing justice and denying constitutional rights.

Defendant calls judicial notice where the resultant denial of the Rule of Law and Constitutional protections cause Rule 1.6 Confidentiality of Information to be unconstitutional and improperly enacted by the Supreme Court of Pennsylvania pursuant to Article V Section 10 (c).

Defendant calls judicial notice where there may exist various Attorney-Client relationships involving the Office of the Attorney General of Pennsylvania by which the mandates of Confidentiality pursuant to Rule 1.6 Confidentiality of Information prevents investigation and prosecution while obstructing justice and denying constitutional rights.

Defendant requests the Court refer the matter to the proper lawful authority unencumbered by ANY privilege or ANY improperly enacted and unconstitutional Confidentiality mandates which deny and prevent justice.

Defendant suggests a Special Investigator, unencumbered by any Attorney-Client relationships mandated pursuant to Rule 1.6 Confidentiality of Information, be appointed to investigate and once completed refer the matter for prosecution by the proper law enforcement organization.

This is NOT unprecedented. Since December 1, 2015, Doug Gansler has been conducting an investigation on behalf of the Commonwealth where it is was deemed essential and necessary that his efforts be unencumbered by attorney-client relationships and Rule 1.6 mandates of confidentiality.

Respectfully,

(Filed in Bucks County PA)

1. The Plaintiff has failed to demonstrate a proper and lawful standing to bring this matter before the Court.

2 The Defendant has raised the issue of the Plaintiff’s lack of standing in every filing, response, petition and motion.

3. The Plaintiff has failed to demonstrate proper and lawful standing and has caused the Court to be without jurisdiction in this matter.

4. The Defendant STRONGLY CHALLENGES the jurisdiction of this Court with the responsibility on the Plaintiff to provide evidence which supports jurisdiction.

FRAUD UPON THE COURT

5. Nicole Plank, Esq. now presents a thirty-nine (39) page Motion for the purpose of becoming Receiver by referring to collateral documents; her extensive plans for disposing of the property; referring to her prior attempts to become Receiver; listing events which have occurred in other courts; … The logical fallacy suggesting that either she or her clients are the recipients of a judgment entered in their favor.

6. NICOLE PLANK, ESQ. HAS NEGLECTED TO INCLUDE THE “JUDGMENT” WHICH PROVIDES THE BASIS FOR HER ARGUMENT.

7. Nicole Plank, Esq. has neglected to provide the ‘judgment’ knowingly and in this deliberate manner attempts to mislead this Court.

8. Nicole Plank, Esq. has neglected to provide the ‘judgment’ to avoid sanctions, penalties, or criminal prosecution for presenting a fraudulent document to the Court.

9. The failure and negligence to provide the ‘judgment’ suggests that Nicole Plank Esq. is cognizant of the defective and void nature of the document which purportedly supports her Motions regarding her being appointed as Receiver.

10. Defendant believes the request to provide the document(s) alleged to support the plaintff’s motion is reasonable and timely and directly affect the matter before this Honorable Court.

WHEREAS, the Defendant respectfully requests this Honorable Court to IMMEDIATELY REQUIRE the attorney for the Plaintiff, Nicole Plank, Esquire, to present the ‘Judgment’ referred to in Plaintiff’s Paragraph 4 which is the basis for the Petition which Plaintiff has brought before the Court; with evidence of proper standing and jurisdiction.

Respectfully,

(Filed in Bucks County PA)

1. The Foreclosure action, filed September 18, 2013, was brought to this Court by Jeffrey Trauger, Esq. of Grim, Beihn & Thatcher while it neglected to include or provide ANY supporting ‘mortgage documents’ which are necessary to demonstrate the proper and lawful standing of the Plaintiff to bring foreclosure litigation to the Court.

2. Defendant’s Response, filed October 10, 2013, raised the issue of the Plaintiff’s failure to present the mortgage or note, challenging the Plaintiff’s standing to bring the foreclosure action.

3. Plaintiff has failed to respond to requests for documentation.

4. In November 2013, Defendant met with Joe Sedlock and Kevin Cornwall at First Savings Bank. The paperwork was not provided.

5. Joe Sedlock and Kevin Cornwall indicated that the paperwork was not available.

6. On January 7, 2014, Defendant again met with Joe Sedlock and Kevin Cornwall at First Savings Bank. No paperwork was provided.

7. Defendant was provided a letter from Kelly Eberle of Grim, Beihn & Thatcher indicating “all related loan documents” had been sold or transferred to KMTM (sic) Newbury, LP.

8. A letter from Kevin R. Cornwall, Executive Vice President, First Savings Bank of Perkasie dated February 12, 2014 to Dana L. Price, an agent in the Office of the Attorney General (Pennsylvania) indicates
“On December 13, 2013 the bank sold that note and mortgage, along with all other documents evidencing the Debt to a note buyer.” –

9. As such, those documents and related transaction histories are no longer available to or in the possession of First Savings Bank of Perkasie.

10. As indicated in the letters from First Savings Bank of Perkasie, AND Grim, Biehn & Thatcher, the documents have been assigned sold and transferred to KTMT Newbury, LTD.

11. Defendant believes the request to provide the loan document(s) alleged to support the plaintff’s motion is reasonable and timely and directly affect the matter before this Honorable Court.

WHEREAS, the Defendant respectfully requests this Honorable Court to IMMEDIATELY REQUIRE the attorney for the Plaintiff, Nicole Plank, Esquire, to present

– the ‘Mortgage Note, Mortgage and all related loan documents” which demonstrate the existence of a loan and necessary to obtain any judgment, or default judgment;

– the related disbursement / payment transaction history and all other documentation which has been provided by First Savings Bank to KTMT Newbury as part of the ASSIGNMENT OF MORTGAGE.

Respectfully,

(Filed in Bucks County PA)

1. The Letter from Kevin Cornwall dated February 12, 2014 indicates the preference of the Defendant to continue to conduct business with First Savings Bank of Perkasie.

2. Defendant has had an ongoing personal and professional relationship with First Savings Bank of Perkasie conducting business and financing construction projects for over 15 years.

3. The document referred to as the ASSIGNMENT OF MORTGAGE dated December 13, 2013 was prepared by Nicole Plank, Esq.

4. The ASSIGNMENT OF MORTGAGE directly refers to “all that certain Mortgage executed and delivered by Defendant dated April 15, 2002 and recorded with the Recorder of Deeds Office of Bucks County, Pennsylvania in Book 2686, Page 1508, to secure the payment of the sum of $400,000…”

5. A MORTGAGE was executed between First Savings Bank of Perkasie and Defendant on April 15, 2002 for the principal sum of $400,000.00 and recorded with the Recorder of Deeds Office of Bucks County, Pennsylvania in Book 2686, Page 1513, 1514, 1515.

6. The MORTGAGE executed on April 15, 2002 includes the following paragraph at 16:

Payment to the Mortgagee by the Mortgagor shall begin as demanded by the Mortgagee and shall be paid on the first day of each month thereafter or as required by the Mortgagee and under all events, payments of interest, unpaid principal and all amounts due under this Mortgage and accompanying Mortgage Note shall be fully paid on of before MAY 1, 2003.

7. As of May 1, 2003, the Mortgage indicated in the ASSIGNMENT OF MORTGAGE dated December 13, 2013 was satisfied – ALL payments of interest, principal, and amounts due on the Mortgage were completed.

8. On December 13, 2013, the ASSIGNMENT OF MORTGAGE prepared by Nicole Plank, Esquire referred to a mortgage which had been satisfied since May 1, 2003 as was required by the original Mortgage document.

9. On December 13, 2013, the ASSIGNMENT OF MORTGAGE prepared by Nicole Plank, Esquire “in consideration of the sum of One Dollar ($1.00) lawful money, unto it in hand and paid at the time of execution thereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer, and set over unto KTMT NEWBURY, LP, a Pennsylvania limited partnership with an address of 1030 Reed Avenue, Suite 100, Wyomissing, Pennsylvania 19610” …

KTMT NEWBURY, LP received a satisfied mortgage to which there would be no future revenue or income.

10. The prolonged litigation where no hearings have been held seeks to convert an expired and satisfied mortgage into property ownership through the manipulation of the Court Administration and the Judiciary

11. Compensation for this fraud and concealing the improper initial foreclosure action would be the deed to a property currently valued at $1.2 million.

12. Compensation for also concealing the improper foreclosure action initiated by Jeffrey Trauger of Grim, Beihn and Thatcher on behalf of First Savings Bank of Perkasie.

13. Jeffrey Trauger, and the law offices of Grim Beihn and Thatcher have multiple prior, and current, attorney-client relationships with the involved parties, and county personnel and departments which obstruct and prevent justice and deny the Rule of Law pursuant to a mandate under Rule 1.6 Confidentiality of Information.

14. Rule 1.6 collaterally affects, undermines and denies the constitutional rights of the Defendant.

15. Rule 1.6 conceals the truth and the facts of the matter from being presented to this Honorable Court where lawyers are required to maintain confidentiality pursuant to this unconstitutional mandate.

16. Where the rights of the Defendant are affected, the Supreme Court of Pennsylvania was without constitutional authority pursuant to Article V Section 10(c) to enact Rule 1.6.

WHEREAS, The Defendant respectfully requests this Honorable Court refer the matter to law enforcement for investigation and criminal prosecution by an person unencumbered by obligations of attorney-client privilege and confidentiality which would affect justice and deny the Rule of Law as indicated in Defendant’s MOTION FOR INVESTIGATION (Filed Concurrently and incorporated herein).

Respectfully,