Loading...
HomeMy WebLinkAbout11-4923COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT r COMMON PLEAS No. I , - ?(%?3 (! !?/!,l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. mnaa. vwi. 1`1 V. 76?/d ?AAi+ Fr-iNt;,1So1uf; Pa&4 .-0/ ,5- -BI velel ADDRESS OF APPELLANT -T c4 CITY f./ ,$T TE ZIP CODE wa,4 A r., '0 r1-7 l 7Ul 16 2 i' DAT OF J DGMENT IN THE CASE OF (Plaint -Zd 1 ?nf Nti 1tr?r??S SDI ea ) /I/t? DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-0130l- 6U-0000Jy7- Zarl r 60e *&A This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon j? C-1 Gh{ ) /t ?/ ) V L appellee(s), to file a complaint in this appeal f /Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant orattom or agent RULE: To ocAC`!er. Sappellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing Date: 17Unj IS 20 ! zi _o -d -, -?L - Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOT1CE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 C o rnE?? C.., ?--ry ?.. Si...?ure t %t7 C,) Ca d ,C p? C Z CD n " = D = - ? C 7) C4 CO C Signature of official before whom affidavit was made rile of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Harold E. Bender Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Peter Gorski DBA Instant Financial Solutions c/o Peter Gorski 62 Fairway Drive Camp Hill, PA 17011 Rochelle Silver V. Peter Gorski DBA Instant Financial Solutions Docket No: MJ-09301-CV-0000147-2011 Case Filed: 5/11/2011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000147-2011 Rochelle Silver Peter Gorski DBA Instant Judgment for Plaintiff 05/19/2011 Financial Solutions MJ-09301 -LT-0000052-201 1 Peter Gorski DBA Instant Rochelle Silver Judgment for Defendant 05/19/2011 Financial Solutions Judgment Summary Joint/Several Liability Individual Liability Amount Participant Peter Gorski DBA Instant Financial Solutions $0.00 $12,010.00 $12,010.00 Judgment Detail ("Post Judgment) In the matter of Rochelle Silver vs. Peter Gorski DBA Instant Financial Solutions on 5/19/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $12,000.00 $12,000.00 Filing Fees $0.00 $10.00 $10.00 Grand Total: $12,010.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -2r- Date .5 go,,? *aA.&? 1, Magisterial District Judge Harold E. Bender I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Harold E. Bender MDJS 315 Page 1 of 1 Printed: 05/19/2011 1:57:14PM THE PRO rHo 2011 JUN 13 P M 4•;Z rUPB,E?RL,ALO OOUNTy yAMIA PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLV NIA COUNTY OF C?V'Cl` )w `('r, ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas /)-yj 23 ,upon the District stice designated therein on (date of service) (0 20 , ? by personal service G?J by (certified) (registered) mail sender's receipt attached hereto, and upon the appellee, (name) c , on _? )22 , 20 \ \ _ ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND 'UBSCRIBED BEFORE ME IS I'ji DAY Or .201( Signature of official before whom ateavit was rrrade Title of ofiicia Signature of affrant My commissiorrexpires on 20 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. k I v' I i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT "u? ? ..0 { s 01I AN :I;VJA,d J?%^°T'Inl? >? O/fl?; t? ?S G f , l g` .,j avr IE,f f r J? A RESS OF APPi / wi-q At- CC;I?Ty ZIP '0104 g ?/ t /I .+' "" l E DA OF JUDGMENT IN THE CASE OF (Plaint' y I(ONS # /y fir( 'Gry• i ?"N sal t,rt ??t'ipitV• °1 L/?" "C i DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 6V-0000)4J?- 7011 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon f?C I V 1 appellee(s), to.file a cotplaint in this appeal Name of appellee(s) (Common Pleas No. g ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , S1yraturk4 5f a(rpANauQ orittome or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal ttilMlW*kveft db"a 'thwd4te'of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. o' Date: 20 slgnatuie of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE Postal CO CERTIFIED MAIL ., RECEIPT Ln (Domestic ftl C3 s ' Lr) ra f`- Postage $ $2.85 07 C7 Certified Fee P 0 M Return Receipt Fee (Endorsement Required) os Oq 13 Restricted Delivery Fee (Endorsement Required) *U UV C7 Total Postage & Fees $ r , r -q C3 Sent To ? /ma lJ J r C3 - X L ....... --------------- r- Street, Apt o.; or PO Box No. U.S. Postal ServiceT?l - CERTIFIED MAILT ,I RECEIPT u 1 (Domestic Only; No ins urance Coverage Provided) ru ...D ' M i, 7 Ln 1 ra r`- Postage $ 07 M Certified Fee O Postmark C7 Return Receipt Fee e EM (Endorsement Required) Restricted Delivery Fee ;i (Endorsement Required) il f p Total Postage & Fees $ i - - rR Sent To Sliest, .opt IVo ; -.._,? G moo or PO Box No. ` ° - - ----------------------- Cihr. State. ZIP+4 -------------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, vs. Peter Gorski, individually, t/d/b/a Instant Financial Solutions, LLC Defendants. CIVIL ACTION-LAW NOTICE TO DEFEND jr -i CJ (7) - T { r7r F? 4 ? .-.' - r ' 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 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 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, PENNSYLVANIA 17013 1-800-990-9108 (717) 249-3166 NO: 11 - 4923 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, NO: 11 - 4923 vs. Peter Gorski, individually, t/d/b/a Instant Financial Solutions, LLC Defendants. CIVIL ACTION-LAW COMPLAINT AND NOW, this a5-M day of October , 2011, comes the Plaintiff, Rochelle Silver, by and through her attorneys, Mooney and Associates, by Jeff R. Lawrence, Esquire, and files this Complaint, whereof the following is a statement, to wit: 1. Plaintiff is Rochelle Silver, an adult individual, currently residing at 1022 Wooded Pond Drive, Harrisburg, Dauphin County, PA 17111. 2. Defendant is Peter Gorski t/d/b/a Instant Financial Solutions, an adult individual, currently residing at Post Office Box 502, Camp Hill, Cumberland County, PA 17001. 3. Defendant is Instant Financial Solutions, LLC a duly registered limited liability company with a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 4. Defendant Peter Gorski is the Manager of Instant Financial Solutions, LLC. 5. On information and belief, Defendant Peter Gorski is also to owner or president of at least two other limited liability companies: Natural Deals, LLC, and Kazaam Realty, LLC. 6. On information and belief, both Natural Deals, LLC and Kazaam Realty, LLC deal primarily in "short sale" transactions involving real property. 7. All three limited liability companies - Defendant Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC - share one registered office at 62 Fairway Drive, Camp Hill, PA 17011. 8. In the summer of 2008 Plaintiff was passing the intersection of King Street and Conestoga Avenuein Shippensburg, Pennsylvania when she noticed a cardboard sign placed by the side of the road. The sign proclaimed "Rent to Own!" and provided a phone number. 9. There was no other information provided on the cardboard sign. 10. Plaintiff called the number provided on the cardboard sign, thereby contacting Defendant Pete Gorski. 11. Defendant Gorski told Plaintiff he had a property available for a "rent to own" agreement. 12. The property was located at 25 Carla Drive, Shippensburg, Pennsylvania 17257. 13. Defendant Gorski had access to 25 Carla Drive by virtue of a residential lease purchase agreement between Kelby Berrier, the true owner of the property, and Defendant Instant Financial Solutions, LLC. An accurate copy of the agreement is attached as Exhibit "A." a. That residential lease purchase agreement was executed on or about June 8, 2008. b. That agreement included a provision granting Defendant Instant Financial Solutions, LLC an exclusive option to purchase the property. c. Defendant Gorski signed the residential lease purchase agreement on behalf of Instant Financial Solutions, LLC. d. Defendant Instant Financial Solutions, LLC never exercised their option to purchase 25 Carla Drive. See a copy of the current deed for 25 Carla Drive, attached as Exhibit "B." 14. During the summer of 2008 Plaintiff and Defendant Gorski had several conversations in contemplation of Plaintiff entering a rent to own agreement for 25 Carla Drive. 15. Plaintiff told Defendant Gorski of her recent financial troubles, including a foreclosure and subsequent bankruptcy filing, and voiced her doubts at being able to receive financing for a new home. 16. Defendant Gorski assured Plaintiff the payments made towards the proposed rent to own agreement would be reported to the credit agencies, which would help her credit rating and allow her to refinance the home within two years. 17. At all points during the summer of 2008 Defendant Gorski held himself out to be the "property manager" for 25 Carla Drive. 18. Defendant Gorski never told Plaintiff who owned 25 Carla Drive. Instead, Defendant Gorski repeatedly asserted he was in control of everything having to do with the house, and if any issues with the house arose Plaintiff should deal directly with Defendant Gorski. 19. Defendant Gorski told Plaintiff she should treat the house as her own and encouraged her to spend money on improvements to the home, explaining to Plaintiff the upgrades would "increase equity." 20. Defendant Gorski told Plaintiff she would be responsible for all repairs and upkeep to the home because the home was "being leased to her as an owner occupied unit." 21. At all times relevant to this matter Defendant Gorski did not hold a standard real estate license or a reciprocal real estate license as those terms are defined by 63 P.S. § 455.201. 22. On or about June 19, 2008 Plaintiff executed an "Agreement for the Purchase of Real Estate. An accurate copy of the agreement is attached as Exhibit "C." 23. Concurrent with the execution of the Agreement for the Purchase of Real Estate Plaintiff executed a "Deposit to Hold Property" and gave Defendant Gorski a check for $8,000.00. An accurate copy of the deposit agreement is attached as Exhibit "D." 24. Defendant Gorski also required a payment of a $725.00 security deposit, which Plaintiff provided to him by check. 25. Concurrent with the above transactions Defendant Gorski provided Plaintiff with a "Rent To Own Worksheet" indicating, among other things, the monthly rent amount of $1,450 included a "rent credit" of $400.00 each month, the accumulation of which would be applied to Plaintiff's final price of purchase for 25 Carla Drive. See an accurate copy of the rent to own worksheet, attached as Exhibit "E." 26. Plaintiff immediately began making upgrades to the home, including, but not limited to: a. Remodeled upstairs bathroom including new marble countertops, new faucets, new towel racks, new shower head, new medicine cabinet, a new light bar, b. Remodeled master bathroom including a marble vanity top, a new vanity, 8 inch faucets, and a new medicine cabinet with three glass panels, c. Remodeled kitchen including new countertops, and new sink, new faucets, a new garbage disposal, and the addition of a new pantry area, d. Removed badly worn, pea green colored carpeting throughout the entire house, e. Installed Pergo wood floor on second floor and the hallway, f. Installed oak stairs, g. Installed marble flooring in upstairs foyer and in living room foyer, h. Installed new wall-to-wall carpet in the master bedroom, the living room, and an upstairs bedroom, i. Installed new ceiling fans and light fixtures throughout the house. 27. The total cost of the upgrades was approximately $11,245.00. See copies of invoices from Lowe's and copies of statements from the Lowe's credit card Plaintiff was authorized to use, attached as Exhibit "F." 28. Plaintiff paid $1,450.00 for each of the next 18 months, from September of 2008 through March of 2009. 29. Pursuant to the "rent to own worksheet" signed by Defendant Gorski, between September of 2008 and March of 2009 Plaintiff accumulated a credit of $400 each month, or a total credit of $7,200.00. 30. Beginning in April of 2009, Plaintiff and Defendant agreed to modify the rent payment to $1,000.00 per month. 31. Plaintiff paid $1,000.00 each month from April of 2009 through February of 2011. 32. In February of 2011 Defendant Gorski informed Plaintiff the home's owner, Kelby Berner, was about to file bankruptcy and a foreclosure action had been filed against Berner regarding the property at 25 Carla Drive. 33. Plaintiff, upset and confused by this turn of events, did not pay rent thereafter. 34. In or about March of 2011 Defendant Gorski told Plaintiff he could talk to the mortgage holder and work out a deal through which he would sell her the house as a "short sale." 35. When Plaintiff told Defendant Gorski she did not feel comfortable with a transaction of this type, Defendants filed a landlord tenant action against Plaintiff, seeking eviction. 36. Plaintiff left the property at 25 Carla Drive on June 12, 2011, providing Defendants with her forwarding address. 37. At the time of her departure, Plaintiff requested return of her $8,000.00 payment, as well as return of her initial security deposit, repayment for her upgrades to the home, and return of her rent credits. 38. Despite demand, Defendants have refused to repay Plaintiff any of the monies owed to her. COUNT I - ILLEGAL CONTRACT 39. All previous paragraphs are incorporated by reference. 40. When Plaintiff executed the Agreement for the Purchase of Real Estate with Defendant Instant Financial Solutions, LLC in June of 2008, the property at 25 Carla Drive was owned by Kelby Barrier. 41. When Plaintiff executed the Agreement for the Purchase of Real Estate with Defendant Instant Financial Solutions, LLC in June of 2008, Defendant Pete Gorski was not a licensed real estate agent in the Commonwealth of Pennsylvania. 42. Therefore, in June of 2008, Defendant Gorski neither owned 25 Carla Drive nor was licensed to act as an agent for the sale of the real property. 43. The Agreement for the Purchase of Real Estate, executed by Defendant Gorski as agent for Defendant Instant Financial Solutions, LLC, on or about June 19, 2008, was in violation of 63 P.S. § 455.301. 44. The Agreement for the Purchase of Real Estate was void ab initio. 45. Plaintiff has a right to rescission of the Agreement for the Purchase of Real Estate and to be placed into the same position she occupied prior to its execution. 46. Plaintiff's damages include: a. The $8,000.00 cash down payment required by the Agreement; b. The $725.00 security deposit; c. The $11,245.00 in improvements made to the property at 25 Carla Drive; d. The $7,200.00 in overpayments for rent. WHEREFORE, Plaintiff demands the right to rescind the Agreement for the Purchase of Real Estate and asks for judgment in her favor of at least $27,170.00, plus whatever other damages as the court deems just and equitable. COUNT II - FRAUD IN THE INDUCEMENT 47. All previous paragraphs are incorporated by reference. 48. Plaintiff entered into an agreement with Defendants to purchase the property at 25 Carla Drive. 49. When Defendant Gorski represented he had the power or authority to sell the property at 25 Carla Drive, Defendant Gorski knew the representations were false. 50. Defendant Gorski made the representations with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to pay $8,000.00 towards the purchase of 25 Carla Drive and to spend money remodeling, and thereby increasing the value, of 25 Carla Drive. 51. At the time Defendant Gorski promised to sell 25 Carla Drive to Plaintiff, Defendants had no ability to do so and no intention to so. 52. Plaintiff, at the time these representations were made by Defendant Gorski, and at the time of execution of the Agreement for the Purchase of Real Estate, was unaware of the falsity of Defendant Gorski's representations and believed the representations to be true. 53. In reliance on Defendant Gorski's representations as outlined above, Plaintiff was induced to and did execute the Agreement for the Purchase of Real Estate, paid $8,000.00 to Defendants, and spent over $11,000.00 remodeling 25 Carla Drive. 54. Had Plaintiff known the actual facts, Plaintiff would not have taken such action. 55. Plaintiff's reliance on Defendant Gorski's representations was justified in that Defendant Gorski held himself out as the "manager" of the property and represented he had the power or authority to sell the property at 25 Carla Drive. 56. As a proximate result of Defendants' fraud, deceit, and misrepresentations, and Plaintiff's reasonable reliance thereon, Plaintiff has been damaged in the amount of $27,170.00 representing the initial down payment, the security deposit, the costs of remodeling, and the overpayments of rent. 57. In doing the acts alleged, Defendants' conduct was malicious, fraudulent, oppressive and/or recklessly committed, with wanton disregard of Plaintiff's rights. WHEREFORE, Plaintiff demands compensatory, consequential, and punitive damages from Defendants of at least $27,170.00, together with costs, interest, attorney fees, and any other relief this Court deems appropriate. Respectfully submitted, MOONEY & ASSOCIATES B. Je . Lawre re Attorney for Plai I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 r VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: e0chelle Silver RESIDENTIAL LEASE PU1 9-- RCHASE AGREEMENT THIS A GREEMENT, dated v n1 ?C ?? -A -/1 ?------- ids between the Landlord and'' In consideration of the payment of rent and the keeping and performance of the covenants an? the Tenant Tenant hereinafter set forth, the Landlord does hereby lease unto the Tenant, the following described premiss agreements the County of LM f' ,-? situate ine State of 114 to wit: (Insert Legal Address) With a street address of: , 7 /..A z l4 s /1 said premises, as described above, are he-r-e??-?` ?? by leased to the Tenant for a term of l `Z months commencing . Rent for the premises is payable onthly installments of $ r Uo before the first day of the month for which rent is due. $ it n ------_, to be paid on or toward the purchase price of the property, Payments to commence ? 61ea y ft.. -L??? t payment shall be credited shall automatically renew for Z- additional month periods following the expiration of the initial term unlesssrTenant -- This Ag gives 30 days notice prior to any renewal. THE TENANT, IN CONSIDERATION OF THE LEASING OF SAID PREMISES AS AFORESAID, COVENANTS AND AGREES AS FOLLOWS: To pay :he rent for said premises as hereinabove provided; To keel, said premises in good condition and repair and at the expiration of this lease to surrender and deliver up the same in as ;ood order and condition as when entered upon, loss by fire, inevitable accident, act of God or ordinary wear and tear e).cepted; IT IS FURTHER MUTUALLY .AGREED that if the tenant shall be in arrears in the payments of any installment of rent, or any portion thereof, or in default of any covenants and agreements herein contained to be performed by the Tenant, which default shall be uncorrected for a period of five (5) days after the Landlord has given written notice thereof, Landlord may, ?.t his option, without liability for trespass or damages, in any manner as allowed by law; declare the term of this lease ended; repossess the said premises as of the Landlord's former estate; peaceably expel and remove the Tenant, those claiming t,nder him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. IT IS FURTHER MUTUALLY AGREED that the Landlord, in consideration of the performance of all the covenants and agreements herein to be performed by the Tenant under the lease, and for Tenant agreeing to perform all minor repairs to the property during the term of the said lease, hereby grants to Tenant an exclusive option to purchase the above described premis s at any time during the term of this lease or an renewals for the sum of $_ payable as folio uvs; % ll. al?' { i G c as full a ment for Landlord's equity. The La dlor ? upon payment of said ur haseCmone t shall byC p y> convey said premises and warrants that only those liens listed herein exist and that no additional liens will be placed against tl•e property during thi-, tPrrr, nf+h;c , ?ee _. Tax Parcel I.D. No.: 39-36-2436-003 THIS DEED MADE THIS day of July in the year of our Lord two thousand and four (2004). BETWEEN DAVID THOMAS GOYT, H and LINDA A. GOY% husband and wife, of 25 Clouse Road, Newville, Pennsylvania, hereinafter referred to as Grantors AND KELBY D. BERRIER, of 1 Russian Olive Drive, Etters, Pennsylvania, hereinafter referred to as Grantee WITNESSETH, that for and in consideration of the sum of Twelve Tbo=and Dollars (512,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey, in fee simple to the said Grantee, his heirs and assigns, ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot #23 in the Development known as South Mountain Estates, bounded and described as follows, to wit: BEGINNING at a point at common corner with Lot #22 at other land now or formerly of Joseph B. Hazzard and Esther M. Hazzard, his wife; thence by Lot #22, North 79 degrees minutes East 158.35 feet to a point in the West side of Carla Drive; thence by the West side of Carla Drive by a curve whose radius is 1190.33 feet an arc distance of 99 feet by a long chord South 12 degrees 24 minutes 59 seconds East 98.97 feet to a point at common corner with Lot #24; thence by Lot #24, South 75 degrees 12 minutes 2 seconds West 147.99 feet to a point at other land now or formerly of Joseph B. Hazzard, et ux; thence by Hazzard land, North 17 degrees 42 minutes 34 seconds West 112.18 feet to a point, the place of BEGINNING. CONTAINING 16,051 square feet, per survey of J.H. Rife, R.E., dated July 31, 1970. BEING that same real estate that Joseph B. Hazzard and Esther M. Hazzard, his wife, by their deed dated July 27, 1972 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "U", Volume 24 at Page 84, conveyed to David Thomas Goyt, II and joined by his wife, Linda A. Goyt, are Grantors herein. 4 SUBJECT to the restrictions of record. c And the said Grantors hereby covenant and agree that they will warrant specially' the. property hereby conveyed. ?-• , 1:1 ? rn gn,gr r C'n `? t7 pAr. L WEIGLE G ASSOCIATES, P.C. - ATTORryg 6 STREET - SHIPPENSBURG. PA 17257-1397 nilo 9f111 711 93 PM IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. )/10/2011 2:11:23 PM Signed, Sealed and, Delivered in the Presence of L4?a-- ?C??? - Sam R A'1 4 4 I .., Ad Yf 4^ .C(Mf?t..{{ h+ ?w i?a?}a ?s?y u/pN pO ??.. ???sp} "Cp'i .mow O O O'aSS $PQkL fV David Thomas Goyt, II coda A. Goyt AO ? r? rt e M r ? cc 500K 264 PAcf 979 WEIGLE 6 ASSOCIATES, pC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBVRG, PA 17257-1397 CUMBERLAND COUNTY Inst.# 200428672 - Page 2 of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the jL441-day of July, 2004, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared David Thomas Goyt, II and Linda A. Goya, known to me (or satisfactorily proven) to be, the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. !fir ¦ "'„""'" ? -An ?.'101 I do hereby certify tha//t?? the eomple post office ad ss of the/;-thin med Grantee is: /na.3I Irate: Agent for Grantee COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS RECORDED on this day of Recorder's Office of said County, in Deed Book A.D. 2004, in the . at Page ________,_. I Certify this to be recorded I:n Cumberland County PA Recorder of Deeds Recorder Opt' 264 'ac€ 98o WEIGLE 6. ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSGURG, PA 172S7_1397 N1oi"`I111 911.93 PAA Agreement For The Purchase Of Real Estate PARTIES: Buyer, f e(h. `{? T kN " i C III ?Z.k , and Buyer's heirs, and Seller,.lNsf?4 j,,,,a,? cc t Sc?? t, d>?, L? , and Seller's heirs and assigns, hereby agree that the Buyer shall buy and the Seller shall sell the below described real property under the following terms and conditions: SUBJECT PROPERTY: 2 "-.A , ry v ? i ' b / ) ?l I/'.l li L?/1 / f ! / 7 ('y / Legally described as: (To be provided later) PURCHASE PRICE: PAYABLE: $ 6100 cash down payment paid as follows Di;c? 1 c? ii . ?.(jr ?h t2 LIP, rte ( rtLM t..`it;??{r ?) ,?C {• y c ri i C with balance paid as follows Z_ o z . L ??! ?'? ?4GfSt i`?5 CONVEYANCE: Title shall be delivered to the Buyer, by a - S, Yr l Deed subject to the recorded restrictions. - EXPENSES: Buyer to cover all costs of closing. INSURANCE: Buyer is responsible for obtaining new hazard insurance before close of escrow in the amount of the purchase price or greater. POSSESSION: Possession and exclusive occupancy, with all keys and garage door openers, shall be delivered to the Buyer when title transfers. INSPECTIONS: Buyer shall obtain and pay for a professional property inspection. Buyer responsible for any repair or upgrade or improvement. The Buyer hereby acknowledges that the Seller is relying on Buyer to get this professional inspection. The property is being sold in "as is" condition with no warranty of condition or any of the improvements therein. Buyer understands that Seller has never lived in or spent significant time at or in the Property and has no knowledge about the physical condition of the property. Furthermore, Buyer agrees hold the Seller completely harmless of any and all liability, claims, or other actions that arise out of the condition of the property, CLOSING: Closing shall take place before r. t ??ly Earnest Money Deposit: Buyer has paid to Sel er earnest money deposit in the amount of $ c>y d on or before This money is completely I`10N-refundable for any reason and shall apply towards Buyers down payment at closing. In the event that the Buyer does not close, Seller shall retain all money paid to Seller by Buyer as compensation for taking the property off the market and the time and energy the Seller spent working with the Buyer. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this contract with the exception of the attached Rental Agreement and the attached Option to purchase Agreement. TIME IS OF THE ESSENCE of this agreement. Each contingency contained herein shall be satisfied according to its terms by the closing date or this agreement extends to provide time for the satisfaction of said contingencies. Each party shall diligently pursue the completion of this transaction. THIS IS A LEGALLY BINDING AGREEMENT! IF NOT FULLY UNDERSTOOD, SEEK LEGAL ADVICE BEFORg SIGNING. (Buyer) Date (Yeller) Date --? VVV t IF_ 1 Deposit to Hold Property 'Prospective l Tenant) is agreeing to a deposit of $ paid to :hold Prospective Tenant's position to rent to own the property located at: This deposit hall be paid as follows: - ALL of Prospective Tenant's deposit will apply towards the purchase of said property (it will be considered as part of Prospective Tenant's Option Payment) provided Prospective Tenant lives up to all other terms of his/her/their agreements with Landlord. This deposit is non-refundable, and Prosper iv Tenant must pay additional $ ( option consideration d, bye ' r and his/her/their first months rent of $ 5 tjl before m ;? ovmg into the property on L, It u _ . If either of these payments is not received by Landlord on time then Landlord may at L ndlord's sole discretion cancel agreement with Prospective Tenant and all money paid to Landlord by Prospective Tenant shall be kept as liquidated damages to cover application review, marketing costs to fill property, and lost opportunities. This agreement is subject to Landlord's final approval of Prospective Tenant's application. In the event that Landlord does not approve for any reason, Landlord may at his/her sole discretion refund all of Prospective Tenant's deposit and cancel this agreement. All option payments and first months rent must be in the form of either certified funds or money order except as noted below. Prospective Tenant understands that Prospective Tenant does NOT have a valid lease or option to purchase said property UNTIL Prospective Tenant makes both other payments described above on time and signs all further paperwork with Landlord, including Lease Agreement, Option to Purchase Agreement, Disclosure Forms, etc. In no case may the Prospective Tenant enter or otherwise occupy said property until ALL conditions and terms in this agreement have been fulfilled. TIME IS OF THE ESSENCE! If initial deposit is to be paid by check, initial next to this paragraph to show both parties i Er understand and agree to the following: Prospective Tenant understands that he/she/they are making a non-refundable deposit on this day to hold the property. Furthermore, Prospective Tenant hereby states that there are sufficient fiords available to cover this check and that Prospective Tenant understands Landlord is relying upon the fact that this check will in fact clear. In event this check does not clear for any reason, Prospective Tenant understands that Prospective Tenant shall be liable for prosecution and collection to the fullest extent of the law. Furthermore, Prospective Tenant understands that all remaining option money and first months rent must be in'the form of either certified funds or money order. CZ- ? t f 2 E1%4- ---o -Oww? RENT TO OWN WORKSHEET Current value of property: $ 'Z 0 0t b C? o I? Rent: <0 ? Rent: Rent Credit: ? Q 0 Rent Credit: Total Rent, 1 b r% Total Rent Credit: Credit: Purchase Price: l 0 000 Purchase Price: Rent Credits: U Rent Credits: Option Payment ! 00 d? Option Payment: FINAL t1/00 FINAL PRICE: PRICE: Compare this to the value if the house appreciates at just%: Future Value: I z loo S o o 6 REASONS RENT TO OWN WORKS FOR YOU: Rent: Rent Credit: Total Rent Credit: Purchase Price: Rent Credits: Option Payment: FINAL PRICE: 1) Rent Credits: Each month a big chunk of your rent goes towards the purchase of your home, allowing you to build equity in your home faster than a traditional mortgage - no more wasting money on rent, 2) Improving Your Property: Because you will own this property soon, any improvements you do that increase the value of the property help you build more equity for yourself. 3) No banks to deal with - no more bank hassles! 4) Own Your Own Home: You enjoy the benefits of owning your home BEFORE you technically ever buy it! 5) Flexibility: You have total flexibility: you have the OPTION to buy your home, not the obligation! 6) Your Credit: You are creating a strong credit reference while you are renting to own! Note: All future values of property are projected estimates and may or may not come to pass. Pq;kk SCL4Or -'o U-T-W (J No one can accurately predict the future value of any given property, and you understand the nstio relo«.,a to this rk? LQ l (J .L tGK71iSlUl C L.UWV 3 "vita;& ariafU P1'.G:NH1Il ?7Rt?l?Ct?ltidl6 ArravHns nWtver. INII'4 i Tvrr+vu T Account Number. Billing Date: 08/03/08 Payment Due Date: 08MBIDS Credit Line; $8,000 E! I We r - '-.. , .s --- r m Account -- Now Total Previous Payments * t/- FINANCE }/« Fees/ Account Minimum Balance edits Pun:haaes CHARGE (nett Adjuatments -Balance Pavrnent $0.00 $0.00 $2,028.33 110.00 $0.00 112A028.33 $0.00 Tran Date Invoice Numher Description Amount y = i3 0729 14995 STORE 281E SHIPPENSBURG PA $1,737.24 ROUND SEATS SOFT COLOR PORCELAIN, PORCELAIN PORCELAW, EZ PAINTR/SHURLINE TOWELS. PAPER PORCELAIN 07130 08671 STORE 2818 SHIPPENBBURG PA $73.18 STYLE SELECTIONS WOOD DRAPERYHARDW .r STYLE SELECTIONS WOOD DRAPERYHARDW ?a BASIC WHITE GOODS OUTDOOR DECORA TIVE 1.10-4-77NG WAVERLY PANELS, S017 WINDOW - PANELS TOOLS - WALLPAPER TOOLS 07130 14963 STORE 2818 SHIPPENSSURO PA $30.92 BLUE TAPF, WHiTZ/WORKTOOLS ?s WOOSTER ROLLERS, WOOSTER ROLLERS 2-4[MT-IMERC)3hVALSPARULTF:4PRAN _-.___ EZPAINTRISHURLINE. _ 07131 43585 STORE 0706 CHAMBERSBURG PA $84,51 DISNEY, DISNEY DISNEY, S-f DRESERVICES 0. C MURALS YIN 43584 STORE 0705 CHAMSERSSl1RO PA $57.15 r IN JUVENILE WINDOW, STORE SERVICES pJ JUVENILE WINDOW 14621 STORE 2816 SHIPPENSBURG PA $45.35 STYLE SQECTIONS WOOD DRAPERY HARDIN 0 • C PAINT-INTERIOR-VALSPAR LILT RA PRF-M STORE SERVICES, WAVERLY PANELS TOOLS-U71LfTYKNIVE$d SNIPS IMPORT 0 2)500.00 + 5,4! -54 + 02-.,.• 3?0'r`?-54 G+ 0• C 89200-42 + 01 0., C. ? U 8t2?0.42 c+ = -- Purchase 0 C Purchases Tats Cutanrrant Minimum CI Dade ° Billing Cycle 8aw Payment . $2,02833 $2,028.33 00.00 01/262009 rent project is sh71 wiWh the NO INTEREST, NO PAYMENTS PROJECT WINDOW PURCHASE PERIOD DURING 3 } 04• 54 + ) INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED. This Proloct Wncfow purchase period closes 8) 200.42 + on 0129/2009. You eutrently have credit avar7able to complete your pmyseL Stop by Lowek lodayi ?. 245.96 'MiL "t3elance $ii6 ecf To pail....... G oltdln ANNUAC Billed oorrrraasspp 44 Dave This FINANCE FlNANCE C AR4E . Periodic Rate PERCFJdTAQE RATE 80llna Period GE Proj*d 01 $0,00 .00000 % 0100% 3i $0,00 Total Periodic FINANCE CHARGE: $0.00 0 Monitor your account 24/7. Enroll in free o8or icing at www.lowescreat.oom and take advantage of the easy way to: - view recent transactions, check your balance, update personal information and much more. rd Caaunfi 'Statement Acrvrur+t Vum'?e i. Account Holder: NINA MADDY Date: 09103/08 Payment Due Date: 09/28/08 Credit Llne: $8,000 A£ i, t?llN7 I her ONCE :&UPVIMRRY a? 1ccO4nY New F>>c°ri?uc m Payments f FINANCE */• Fees/ Account Total & Credits Pu _ rchases CHARGE nett A199mel Balance Minimum )21333 $2,500.00 $7.10.02 ------ Payment $0.00 $0.00 $265.35 $0.00 "" i'RlIIUS•lkC?ICiN :.UMMARY T J011-I dam _Lel.?gdsimhcL L?tscr?otlon _ ._. •., . . 08,107 13343 STORE 2816 SHIPPENSBURG PA Amount LESS MESS $309.10 HARBOR BREEZE CEILING FANS ?- PAINT-INTERIOR•VALSPAR ULTRA PREM SHURLINE BRUSHES AND ROLLERS HARBOR BREEZE CEILING FANS FLUSHP.40UNTS SHURLINE BRUSHES AND ROLLERS 08/'0 14066 STORE 2816 SHIPPENSBURG'PA BRUSHES, TOOLS -"WERS $74.90 - -=s f , - C 02 S t-or) (L -N5 FOR lA_4L_ 'A ;;PRQJEGTSI19IMARY , Purchases This r"d Purchase F?rc ecls_ Bili(ng Cycle urrent M lmum Period lance Project 0'I 1740.02 a Payment t Close Date 68.55 Q1/29/2009 Nur.23ntprojectis afrll within the NO INTEREST, NO PAYMENTS PROJECT WINDOW PURCHASE PERIOD DURING WHICH NC INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED. This Project mndow purchase period oases on Gl1/291M, You currently have credit svsilablo to complete your project. Stop by Lowe's today! CUSTOMER SERVICE: For account information call 1-800-291-9329. NOTICtE: I'll SEE REVERSE SIDE FOR. BILLING RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE BY 8 P.M. ON THE DUE DATE. We may convert your payment Into an electronic debt. See reverse for details. 7009 0006 920 1 7 3 000903 Page 1 of 2 9294 0016 P005 A Del and mail this portion with your check to LOWE'S PROJECT CARD. Please use blue or black ink, A 2 00 88 Fill in amount completely ? ? ? ? ? ? ? ¦ Yes, I have moved or I have changed CI my email address. ot-91( the box and submit changes on the inverse side. 1NINA MADDY 1077 OLD WAYNESBORO RD FAIRFIELD PA 17329-8906 607 IIIIIIrIrltrnliirt?tl?hrlllhltl?i?ujirt?tlirrir?rlrt?Ir?lvl? 00000000250(]0[) 000000000026835 Ilrirurlrillriiirdlirlrill!tllrirlrlliillirlll?rim?Irilhrrl Make Payments to: LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353-0914 000798276 5393076 44603 607 e now tsiw 1-owe s rrojecr, %eara muQu iR1 ataterne,7A . Account Number I- Billing Ca':e: -10/03/08 A00[1ryT BALANEJI?Ih9ARy 7 Account Previous - Payments •t• 11' FINANCE Balance _ $-9redi11 s ?ii?ch aces C IJA G e $268.35 $230.03 $714.08 $0.00 Account bottler: NINA MAUUY Payment Due Date: 10/28/08 Credit Line: $8,000 New Fees/ Account Total Minimum Adjustments Balance Pavment $0.00 $752.40 $0.00 TRANSACTION SUMMARY Iran Dates _ Invoice N .m r --?--. 09/04 L1esc_ ri _otlon _ STORE281ESHIPPENSBURG PA WHEEL CARTS & DRAWERS CONSTRUCTION HARDWARE SIMPSON HEATING-REGISTERS & GRILLES STYLE SELECTIONS WOOD DRAPERYHARDW BAMBOO PLANTATION BLINDS BAMBOO PLANTA770N BLINDS 09/10 13753 FASTENERS - PACKAGED STORE 2816 SHIPPENSBURG PA LAMINATE GARAGE CABINETS LAMINATE GARAGE CABINETS LAMINATE GARAGE CABINETS LAMINATE GARAGE CABINETS PROPANE EXCHANGE-CONSIGNMENT PROGRM MIX & MATCH LAMP SHADES 09!18 02284 LIGHTING CONTROLS STORE 2816 SHIPPENSBURG PA BAGGED GOODS 09121 COLD/SINGLI SERVE GATORADE STORE 2816 SHIPPENSBURG PA BAGGED GOODS Amount $87.56 CR $570.02 $144.06 $142.47CR Purchases This Current Fixed Purchase Pra1ects Minimum Billing C cle Balance payment Period project 01 714.08 752.40 $0.00 Close Date 01/28/2009 7TE.• Your current project is still within the NO INTEREST, NO PAYMENTS PROJECT WINDOW PURCHASE PERIOD DURING WHICH NO INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED. This Project Window purchase period closes on 01/2912009. You currently have credit available to complete your project. Stop by Lowe's today! CUSTOMER SERVICE: For account Information call 1.800.291.9329 NOTICE: PLEASE SEE REVERSE SIDE FOR BILLING RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE BY 5 P.M. ON THE DUE DATE. We may convert your payment into an electronic debit. See reverse for details. 7009 0006 920 1 7 3 081003 Pape 1 of 3 1 9294 0016 P005 _LL_ __- -••- 1468 A Detach and mail this portion with your check to LOWE'S PROJECT CARD. Please use blue or blade ink r PAY>: °:iLEt ; :v, dt6T N11t11i`ril ";-::T ,i)uee ?aytnantDue Nance '?' AbcauntNumGeF.s?; 10/28/2008 $0.00 :762.40 Fill in amount completely $???(?"? fl__JI i 'Yea, I have moved or I have changed my email address. Check the box and submit changes on the reverse side. 11110111121111111 NINA MADDY 1468 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 Il?llltrrlirrr?rrrrrrp?r?Ilririrlrrrrrll?rrrri?rrrrrritrrrlrrlr 00000000250000 000000000075240 rrlrll?l4rrrrlr?rr?rrr,rrrrrirlillf?lrrlirrlrirrrlrrhrrllltnlr Make Payments to, LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353-0914 000798276 5393076 44603 .+ e c tr i. t. t• w ohm WVM?V ? (-, VIGV4 1 - rIR VRQRG!!!G!!M1 Account Number: Billing Data: 11103/08 Payment Due Date: 11/28108luCredit Line: $8,000 A Qf}UN BA_.71t?CE f IMA k Account ._ ..::.... ... ..,_t:_ _.?...... ? Previous - F nnen ' F/- FINANCE Fees/ _ New Total BB__& ! ed_ Purchases CHARGE (net) Adjustments Balance Minimum $752.40 2ti16.?? Pa,--vm".S- $0.00 $0.00 $0.00 $545.51 $0.00 TRANSACTION=SUMMA Y Tran Date -Invoice -9S'?1r?C_ i?escri tlon Amount 10/30 STORE 2816 SHIPPENSSURG PA LAMINATE GARAGE CABINETS $206'88 CR LAMINATE GARAGE CABINETS N'IFt iMTV' 1* 1ItAI?Y • 7 ; OR, • t. ,... and ia..a.i. t ? .' i ..a._.c__.. i _. +f s.r `-::. F' rrcha: es This Current Fixed Purchase Projects Biilinq Cycle Balance Minimum ped91 Project o1 - g0 00 Pavment Close Date _ _ $545.51 $0.00 01!29/2009 NOTE: Your currentprrI'-'t"- ect Isis dill wih11 n the NQ INTEREST, NO PAYMENTS PROJECT WINDQW PURCHASE PERIOD DURING WHICH NO INTER tST ACCRU':S AND NO PAYMENTS ARE REQUIRED. This Project tindcw purchase period closes' on 01'29/2001_You currently have credit available to complete yourpmject. Stop by Lowe's today! Balance S;ublec:: To DallCorrespondingANNUAL. Days This Pro ects FINANCE CHARGE Periodic-Rate PERCENTAGE RATE Btitina Period Project 01 $r, ,00 .00000 % 0.00% 31 Total Periodic FINANCE CHARGE: Monitor your account 24I. Enroll in free eServicing at www.lowescredR.com and take advantage of the easy way to: View recent transactions, check your balance, update personal Billed FINANCE . CHARGE $0.00 $0.00 CUSTOMER SERVICE: For account Information calf 1.800-291.9329 NOTICE: PLEASE S EE REVERSE SIDE FOR BILLING RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE BY 5 P.AA, ON THE DUE DATE. We may convert your payment into an sleotronio debit. Sea reverse for details. 7009 0006 920 1 7 3 1181103 Page 1 of 2 9294 0016 PODS 673 Detach and rrall th#+ portion with your cheokto LOWE'S PROJECT CARD. Please use blue or-black, r black Ink. ].--_1 d-ft Due Data PaY!iidTat_Du? 8alerNOroe f Aocottnx Ft..... rs'u 112812008 $000 $545.51 n Fill in amount completely $ OFIR-1] [IF] ¦ ? Yea, f have moved or I have changed ? - my email-address. Check the box and submit changes on the reverse s ids. ?^?• l ilk NINA MADDY 673 1077 OLD WAYNESBORO HD FAIRFIELD PA 17320-8906 r]'1'lilirlirl?Ilrtlirillnllrllllrlrililrllrl]li]lllrilrrlrillrl (IIIlirlr111iluirrilliirlllhl]Ilillillrllllllll'1lirl(1'llrlll Make Payments to: LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353-0914 00000000250000 000000000054551 000798276 5393076 44603 '_owe`s Project 0 C unt Statement k c,:! r,7t ,yumbe Account Holder: NINA MADDY Biliirtg-'date; 03[03!09-._plrn,e,tt p.k1e. Bate -03'28 D9_._Creditlina?^?&,OQ?_-?__ A:counl Previous _-Balance_ _ Payments t - & Cred• rip +1" FINANCE } . Purchases CHARGE of Fees/ t1 Adi ? New Account Total Minimum $4S3.H6 $1,302.12 ustmentff --- - $1,750.54 $0 00 Balance Payment . $0.00 $912.08 $35.00 TRANSACTION SUMMA RY ; .?. Iran LDate I nyoica3 Number Descrioti on 02103 78120 _ STOR E 2816 SHIPP ENSBURG PA PERGO CASUAL LIVING, 12X12 VINYL 77LE $404.33 it 02/04 LAUNDRY, 12X12 VINYL TILE W STORE 2816 SHIPPENSBURG PA 02104 12X12 VINYL TILE 12X12 VINYL TILE $5.72 CR w STORE 2816 SHIPPENSBURG PA -' D2ro4 LAUNDRY $3.80CR STORE 2616 SHIPPENSBURG PA -- HEATING ELECTRIC PORTABLE IMPORT $54.40 CR RUGS GRIPPER PAOa BASIC WHITE GOODS KITCHEN TOOLS - KITCHENAID ICEMELT, TEMPORARY-SHADES is 2104 SOFT WINDOW - PANELS STORE 2816 SHIPPENSBURG PA 02/04 15719 GAS 4 ELECTRIC FIREPLACES $409.26 CR STORE 2816 SHIPPENSBURG PA GAS 8, ELECTRIC FIREPLACES $1,346,21 PERGO CASUAL LIVING STAIR PARTS-TREADSAND RISERS STAIR PARTS-TREADSAND RISERS 12X12 VINYL TILE, SOFT WINDOW - PANELS 02/04 12X12 VINYL TILE STORE 2876 SHIPPENSBURG PA 02!07 PERGO CASUAL LIVING $384.81 CR STORE 2916 SHIPPENSBURG PA STAIR PARTS-TREADS AND RISERS $434.13 CR STAIR PARTS-TREADSAND RISERS NOTE= Your current project is still wkhin the NO INTEREST, NO PAYMENTS PROJECT WINDOW PURCHASE PERIOD - DURING WHICH NO INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED, This Protect VYindow purchase period closes on 06,29/2ppg, you currently have credit available to complete yourPr*ct. Stop by Lowe's fodayl CUSTOMER SERVICE: For account information 00111 NOTICE: PLEASE SEE REVERSE SIDE FOR BILLING RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE BY 5 P.M. ON THE DUE DATE. We may convert.your payment into an electronic debit. See reverse for details. 7009 0025 9ZD 1 7 3 09030' Pegs i of 3 .9294 0016 P005 8-13 petach and mail this portion with your check to LOWE'S PROJECT CARD. Please use blue or black Ink A F272Pr ll uins= :._. UrtL411n28/2009 ;35.00 f ° X912.09 Y L _ _ = _ _- FII in amount completely Yes, I have moved or I have changed my email address. Check the box and submit changes on the reverse aide. NINA MADDY 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 813 111IIlrirlrrrrrrr?irrln('Ilrlrl(I(Ir((11'rirrlrrrrrrrrrr?rt(rrl€ 00035000088761 000350000091208 $00000-00 It(rill(Ilrrrf rfrrhrlrlrlrnlllrrl?ll(lrr'frlllll[I11'r?hlrr[I[ Make Payments to: LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353-0914 000798276 5393076 44603 dowers Project C rd u Account Numb nt Statement Account Holder: NINA MADDY er: Billing Date: 04/03109 Payment Due Date: 041M09 Credit Line: $8,000 211T , _ S?IT3AAl»i F?' - -°M ..•.f ?.T-L ?rii? _ e Account - ???:%: ?-:.x •? - ?--?:..r_=-??. Previous - Payments + +/- FINANCE Now Total -Ralance & redit• Purchases +/' Feast 3 Account Minimum ----?- CHARGE (Hatt -Adjustments balance Payment $91208 $350.45 $2,198.99 $7.81 $39.00 $2,807.43 $74,00 NOTE Current or unpakf fees/ad/usfrnents maynotbe Mcluded /n the Currant Balance column displayed vt the Prrcjecf Summary as[ section. As a result, this balance differs from the NewAcicount Balance displayed in the Account Balance Summarysecilon. Y YY?Y l??f _. Invoke Nr•T'b. ...,.-..d o- MIrrER"Igxf:c: ?-%qm 03130 79521 STORE 2816 SHIPPENSBURG PA $1168.45 STATIONARYAIR COMPRESSORS ,168.45 SOS -CARSON, SOS - COMFORT-GILT EPP POWER TOOLS, TOOLS - AIR TOOLS 03!31 SLOW COOKERS, HANDSHOWERS WHITE l 14234 STORE 2816 SHIPPENSBURG PA =i TOOLS - SMALL BODYNA/LERS $108.28 EPP POWER TOOLS TOOLS - WELDERS & ACCESSORIES SANDPAPER, SANDPAPER S1? 03131 14274. - STORE 2816 SHIPPENSBURG PA i^I LAWN & GARDEN- PRESSURE WASHERS - $401:83 03f31 EPP 3 YEAR OPE PLAN LAB ills DETAIL FEES 04/01 PAYMENT - THANK YOU SHIPPENSBURG PA 14577 STORE 2816 SHIPPENSBURG PA $35.OOCR EPP POWER TOOLS $63.57 04/01 14576 STORE 2816 SHIPPENSBURG PA STATIONARYAIR COMPRESSORS $458.86 STICK VACUUMS, TOOLS-AIR.TOOLS PT TOP CHOICE LUMBE; VACUUM ACCESSORIES MISC PET ITEMS 04/01 HOUSEPLANT SOILS & ACCESSORIES STORE 2816 SHIPPENSBURG PA STATIONARYAIR COMPRESSORS $315.45 CR 03/29 LATE FEE 04/03 'FINANCE CHARGE' $ $7.00 $7.81 CUSTOMER For count mation call 1-800-291-9329 NOTICE: PLEASE SEE REVERSE SLIDE FORacBIIL NiG R GHTS AND IMPORTANT INFORMATION. PAYMENT DUE By S P.M. ON THE DUE DATE. We may convert your payment into an electronic debit. See reverse for details. 7009 0006 9ZD 1 7 3 090403 Page 1 of 3 9294 0016 P005 9025 -Detach and mail 91's-Portfon with-your check to LOWES-PROJECT CARD;-Please Use-blue or-blackink A. ;t??a?n?[,? otfit?iiri ? ? :. ? _•-`_ - - - - :x: 04/28/2009 $74.00 $2,807,43 Fill in amount completely $ FIDEUP e ?? Yes, I have moved or I have changed my email address. Check the box and submft changes on the reverse side. ?INNIIINIII NINA MADDY 9025 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 ??t???rir'IJltil't9?11I'??{?I?I?t[Ill??rl{Ir?rllyrtrl'{'I?'1?{ 00074000003500 000740000280743 ?It{n{Idtrlt?lr?r{U?t{t{pr`r'Ht??'I" Frr?tlt?rlrll??tml Make Payments to: LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353.0914 000798276 5343076 44603 ACC?IJ:?(i` BACQNGE St:iMAl1AFly o Account .... .......: .. ..:.. Previous Payments + I ce & Credits FINANCE Fees/ Purchases CHARGE 1net1 A a is New Account R B l Total Minimum $7,769,95 $718.34 $1,113.81 $0 00 a ance Payment , $35.00 $8,200.42 $0,00 TRANSACTIt3N,`S(JMMARY Trams Date Invoice Numbeiv [?escription ' 05104 FINANCE CHARGE ADJUSTMEN T -- 05JD4 FINANCE CHARGE ADJUSTMENT $7,26CR 05104 LATE FEE ADJUSTMENT $7.81 CR = 05104 LATE FEE ADJUSTMENT $39.000R -? 05104 MISCELLANEOUS ADJUSTMENT $39.00CR .:, 05.04 P702765393076446050610 $31:19 CR MISCELLANEOUS ADJUSTMENT 05/04 P7982765393076446050610 $160.28 CR MISCELLANEOUS ADJUSTMENT 05106 P798 2 7653930 7644 60506 1 0 $394.81 CR 80741 STORE 2816 SHIPPENSBURG PA j 05i06 80739 SO$AtUMa VINYL SIDING $302.74 STORE 2816 SHIPPENSBURG PA LADDERS - EXTENSION $68.39 DEHUMIDIFIERS - MISCELLANEOUS IMPORT WIRE SHELVING GARAGE SPECIALTY & JACKS INTERIOR - UGL, IMPORT WE SHELVING 05106 IMPORT WIRE SHEL 19NG PAYMENT CORRECTION OS/06 P7982765393076446050610 $35.00 05!06 LATE FEE ADJUSTMENT PYMTADJ-PROMO CORRECT ALPHARETTA LEA CR . 05106 P7962765393076446050610 41 $191 191 PYMTADJ-PROMO CORRECT ALPHARETTA GA 05117 17735 P7982765393076446050610 $394,81 STORE 2816 SHIPPENSBURG PA SOLAR SPECIALTY, SOLAR SPECIALTY $19.04 05/17 ` 23511 RUGS - DISPLAYS- STORE 2816 SHIPPENSBURG PA FOUNTAINS SOLAR SPECIALTY $47.58 05/17 23513 SOLAR SPECIALTY STORE 2816 SHIPPENSBURG PA 05117 23513 FOUNTAINS $14.78 STORE 2816 SHIPPENSBURG PA FOUNTAINS $76.00 CUSTOMER SERVICE: For account information call 1-800-291.9329 NOTICE: PLEASE SEE REVERSE SIDE FOR BILLING RIGHTS AND IMPORTANT INFORMATION. I PAYMENT DUE BY 6 P.M. ON THE DUE DATE. We may convert your payment into an electronic debit. See reverse for details. 7009 0006 9ZD 1 7 3 090603 0 Pape I of 2 9294 0016 P005 2I94 ? Detach and mail this portion with your check to LOWE'S PROJECT CARD. Please use blue or black ink, A rs tray etiC 1 iatai It+iihi uric Tgttttti New AvcouM Nurnber. 1tI DuYs?ata Rayfieritue 13alat)ae 06/2812009$0.00 $8,200.42 Fill in amount completely ? ?(n ?f ? ?( e ? Yes, I have moved or I have changed It? !' II I! 4L _1? !? _jI CI my email address. Check the box and submit changes on the reverse side. NINA MADDY 2194 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 at2a ??I???rL?l,illll?Irl(Ili'lilill1?11111lI'lllll'll?lrlrlrhl?'i?! 00000000003500 000000000820042 Iri(11111'II"lill111T1llllrlu?tlrlItu111111l Make Paymentsto; LOWES PROJECT CARD P-O. BOX 530914 ATLANTA, GA 30353-0914 000798276 5393176 44603 Account Number a? Billing Date: 07;03/09 Payment Due Date: 07/28/08 Credit Line: $8,000 'AIyCCJUNT BALANCE SUMMARY rii w Account Previous - Payments fif_ FINANCE t _ New Total - f Feast Account Minimum -HA13llit- & Cra •ts _Purchasee CHARGE (net) Adiustments $8,200.42 $0,00 6a1 Payment $0.00 $0.00 $0.00 $8.200.42 $0.00 r _ PROJECT' SUMMARY`:;. :. -; _. PurclraseS This Current Fixed Purchase .. Pr eels 811I1 n cle inimum Balance Payment Period .? Project 02 $O pp Close Date $8.200.42 $0.00 08129!2009 NOTE' Yourcurrent project is still within the NO INTEREST, NO PAYMENTS PROJECT WiNbOW PURCHASE PERIOD rn DURING WHICH NO INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED. This Prgect Window purchase period closAs on 08129!2009. We invite you to cal! (800) 291.9329 to see if you quality for a credit line increase. = ?-EINA?JC??HAR'.riE SllMMARY Balance Sub To Daily Correspond! NNUAL Days This FINANCE Projects FINANCE MARGE Perio_ di_ c Rate PERCENTAGE RATE Biitina Period Project 02 $0.00 .00000 %. CHARGE 0.00% 30 $0.00 == Total Periodic FINANCE CHARGE: $0.00 ari - GARDfiOLDtWNEWS & INF60MATIOW Monitor your account 2417. Enroll in free eServicing at www.lowescredit.com and take advantage of the easy way to: view recent transactions, check your balance, update personal _ ininrmatinn -a --9, CUSTOMER SERVICE:. For account Informalion call 1.800-291.9329. NOTICE: PLEASE SEE REVERSE SIDE FOR BILLING RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE 8Y 5 P.M. ON THE DUE DATE. We may convert your payment into an electronic debit. See reverse for details. 7009 .0004 9ZD 1 7 3 090703 0 Page 1 of 1 9294 0016 P005 3156 ? Detach and mail this portion with your check to LO WE'S PROJECT CARD. Please use blue or black Ink. A Due?ate R_aymanf?tte- =:?? AccduntNumber - arlC? _ 0 7/2812 0 0 9 $0.00 $8 200.42 Fill in amount completely ? n ? ? ? ? U ?? C) Yes, t have moved or I have changed my email address. Check the box and submit changes on the reverse side. fill NINA MADDY 3156. 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 6124 11???'ll?l1(dull(1'I?i1111?"C"?'?Ifill '??'I?rl'!'ll?ll??lllllu ??l+??ilr?li{(IIIrlrl?llli??i?l?l?lilll?(?II11?r11r1yrLl'I?'I?I MakePaymentsto: LOWE'S PROJECT CARD P.O. BOX 530914 ATLANTA, GA 30353-0914 00000000003500 000000000820042 000798276 5393076 44603 David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant ROCHELLE SILVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?-, V. PETER GORSKI, individually, t/d/b/a INSTANT FINANCIAL SOLUTIONS Defendant NO. 11-4923 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS c ?w rnrn z? x? *C") X CD 1. Plaintiff has failed to state a claim upon which relief can be granted. cm x a N r N f -1 r -vM c-) y.i ---A D 2. Plaintiff has purported to sue Defendant Peter Gorski in his individual capacity. 3. Plaintiff has attached a purported contract document that was not executed by Defendant Peter Gorski in his individual capacity. 4. The purported contract document, by its own terms, was executed on behalf of Instant Financial Solutions, LLC. 5. Defendant Peter Gorski bears no personal liability for damage amounts related to the aforesaid Agreement. 6. In ¶¶ 28, 29 and 46, Plaintiff seeks reimbursement in the amount of $400 per month for an 18 month period, despite identifying only seven months when such amounts would have accrued. 7. Plaintiff relies on oral statements in violation of the parol evidence rule. 8. Plaintiff seeks the return of a deposit despite clear contract language that identifies the deposit as nonrefundable. 9. Plaintiff seeks relief and relies on claims that contradict the agreement at issue. 10. Plaintiff fails to join an indispensible party. Wherefore, Defendant requests that this Court dismiss and/or strike Plaintiff's Complaint. Respectfully submitted, Dated: a. - Da id J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant 2 CERTIFICATE OF SERVICE AND NOW, this 21" day of November, 2011, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 By: A/A David Lanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, VS. Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. NO: 11 - 4923 CIVIL ACTION-LAW z rn- ZO cnr- ?rn te 4 r - C? z m c-; ? o -r, y c rv ? o CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this 9th day of JanuM _, 2012, I have forwarded a copy of the attached Notice to Defend and Amended Complaint, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES By: ''7eff RT I-for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, vs. Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. NO: 11 - 4923 CIVIL ACTION-LAW NOTICE TO DEFEND AMENDED COMPLAINT c Mw ` m T'c? aC:? 3 fir, YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE AMENDED COMPLAINT FILED ON DECEMBER 15, 2011, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THAT AMENDED COMPLAINT AND THIS 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 AMENDED 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 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, PENNSYLVANIA 17013 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, NO. 11-4923 Plaintiff, VS. CIVIL ACTION - LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC, Defendants. = _. TO: Peter Gorski r'? Z) c/o David J. Lanza, Esquire = C i S j -tee Law Offices of David J. Lanza -C - " -? < 2132 Market Street 75 Camp Hill, PA 17011 c = C! -=?- -- `°== DATE: Wednesday, February 1, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS OF THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MOONEY & ASSOCIATES By: Jeff R. La c , squ' Attorney for aintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 I CERTIFY THAT A COPY OF THIS NOTICE HAS BEEN SENT BY ORDINARY MAIL ON THE DATE ABOVE GIVEN TO THE ABOVE-NAMED DEFENDANT AND/OR DEFENDANT'S ATTORNEY OF RECORD AS OF THE DATE THEREOF. Jeff R. a e, Esquue o? David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant ROCHELLE SILVER, Plaintiff V. PETER GORSKI, individually,and INSTANT FINANCIAL SOLITIONS, LLC, and NATURAL DEALS, LLC, and KAZAAM REALTY, LLC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4923 rM rM r t ` ` > C " CIVIL ACTION - LAW PRELIMINARY OBJECTIONS 1. Plaintiff's Amended Complaint has failed to state a claim upon which relief can be granted. 2. Plaintiff purports to name Natural Deals, LLC as a Defendant in this case. 3. Plaintiff fails to allege any conduct on the part of Natural Deals, LLC or any relation between that company and Plaintiff or the facts of this case. 4. In fact, Pennsylvania State Department records indicate that Natural Deals, LLC was not created until November 2010, long after the alleged Agreement in this case took place. 5. Plaintiff purports to name Kazaam Realty, LLC as a Defendant in this case. 6. Plaintiff fails to allege any conduct on the part of Kazaam Realty, LLC or any relation between that company and Plaintiff or the facts of this case. 7. Plaintiff fails to allege facts that would allow the Court to pierce the corporate veils of the Defendant LLC's in this case. 8. Plaintiff has added new Defendants without obtaining original service against those new Defendants or permission of this Court. 9. Plaintiff has purported to sue Defendant Peter Gorski in his individual capacity. 10. Plaintiff has attached a purported contract document that was not executed by Defendant Peter Gorski in his individual capacity. 11. The purported contract document, by its own terms, was executed on behalf of Instant Financial Solutions, LLC. 12. Defendant Peter Gorski bears no personal liability for damage amounts related to the aforesaid Agreement. 13. Plaintiff attempts to raise issues related to real estate licensing, even though it is apparent from exhibits attached to Plaintiff's Complaint and Amended Complaint that Instant Financial Solutions, LLC was attempting to sell only its own interest in the real estate instead of acting as a real estate broker on behalf of a seller. 14. Plaintiff relies on oral statements in violation of the parol evidence rule. 15. Plaintiff seeks the return of a deposit despite clear contract language that identifies the deposit as nonrefundable. 16. Plaintiff seeks relief and relies on claims that contradict the agreement at issue. 17. Plaintiff fails to join an indispensible party. 18. Plaintiff files this action despite the pendency of a prior action related to the facts of this case. 2 Wherefore, Defendants requests that this Court dismiss and/or strike Plaintiff's Complaint. Respectfully submitted, 21g1?2 Dated: David 3. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 9th day of February, 2012, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 By: David Lanza PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter foo Argument Court.) rn CAPTION OF CASE (entire caption must be stated in full) Rochelle Silver vs. c7 c to r" A tt nett 2 M, M N CD CD r,.,3 r *4 CV) Pete Gorski individually, un ? Tv\s+uh+ F-inanci,at ?Iv?torlS LLC, lin?1 Nlxvral -bea(5, LLC / civic) No. 4923 2011 Term ?,'lizuawl R11!jcfl+Y / LLC_ 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeff R. Lawrence, Esquire (Name and Address) 2 S. Hanover Street, Carlisle, PA 17013 (b) for defendants: David J. Lanza, Esquire (Name and Address) 2132 Market Street, Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 13, 2012 SignatuK---(-) ??`-- JE1J-- )2,,. frC Print your name Rochelle Silver Date: March 2, 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Ike 4#- 7J "y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, NO: 11 - 4923 VS. Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this 2- day of arc-" , 2012, I have forwarded a copy of the Praecipe to List For Argument, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES Jeff . L' enc s,Lsqu-fie Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 f;_ .tJ `?; r r ?7-t i ?"i2 T;PP -5 Pit 2: 11 1_11 C1iMr5EKLA, j CilE ? f ,. FENNJYLVANii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, vs. Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. NO: 11 - 4923 CIVIL ACTION-LAW ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, Rochelle Silver, by and through her attorneys, Mooney & Associates, by Jeff R. Lawrence, Esquire, and files the within Answer To Defendant's Preliminary Objections, wherein the following is a statement, to wit: ANSWER 1. Specifically denied. This statement constitutes a conclusion of law to which no response is required. 2. Admitted. 3. Denied. By way of further response, Plaintiff's Complaint indicates Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC all share the same physical address; and Plaintiff's avers Defendant Peter Gorski manipulated the affairs and personnel of Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, to such an extent that all three limited liability corporations were shams. 4. Plaintiff is without sufficient knowledge or information to form a belief as to the truth, or relevance, of the averment. The averment is therefore denied and strict proof thereof is demanded at trial. By way of further response, if Defendant Natural Deals, LLC is one of several sham corporations receiving the oversight of Defendant Peter Gorski, its date of creation is not relevant. 5. Admitted. 6. Denied. By way of further response, Plaintiff's Complaint indicates Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC all share the same physical address; and Plaintiff's avers Defendant Peter Gorski manipulated the affairs and personnel of Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, to such an extent that all three limited liability corporations were shams. 7. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 8. Admitted as to Defendant Kazaam Realty, LLC; denied as to Defendants Instant Financial Solutions, LLC, and Natural Deals, LLC. Three copies of Plaintiff's Amended Complaint were sent to Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC on March 9, 2012. All three Defendants have registered offices at the same address, so all three Amended Complaints were sent to the same place. Defendant Peter Gorski signed the green card indicating receipt of the Amended Complaint on behalf of Defendants Instant Financial Solutions, LLC, and Natural Deals, LLC; but for reasons unknown to Plaintiff, no one has accepted delivery for Kazaam Realty, LLC. 9. Admitted. 10. It is admitted Plaintiff has attached a document titled "Agreement for the Purchase of Real Estate." It is further admitted Defendant Gorski's signature appears on the document in his capacity as agent for Defendant Instant Financial Solutions, LLC. 11. It is admitted Plaintiff has attached a document titled "Agreement for the Purchase of Real Estate." It is further admitted Defendant Gorski's signature appears on the document in his capacity as agent for Defendant Instant Financial Solutions, LLC. 12. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 13. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 14. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 15. Denied. By way of further answer, Plaintiff's Complaint does not attempt to claim that the Agreement for the Purchase of Real Estate, attached as Exhibit "C," is a valid agreement and that all of its terms are enforceable. Quite the opposite; Plaintiff avers the Agreement for the Purchase of Real Estate was an illegal contract entered into by fraud and was in violation of the Unfair Trade Practices and Consumer Protection Act. 16. Denied. By way of further answer, Plaintiff's Complaint does not attempt to claim that the Agreement for the Purchase of Real Estate, attached as Exhibit "C," is a valid agreement and that all of its terms are enforceable. Quite the opposite; Plaintiff avers the Agreement for the Purchase of Real Estate was an illegal contract entered into by fraud and was in violation of the Unfair Trade Practices and Consumer Protection Act. 17. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. If a response is required, this averment is denied. Strict proof thereof is demanded at trial. 18. Denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendants' Preliminary Objections with prejudice. Respectfully submitted, MOONEY & ASSOCIATES By: L' - Jeff R. Lawre s it Attorney for laintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, NO: 11 - 4923 Plaintiff, vs. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this 5 th day of April , 2012, I have forwarded a copy of the Answer to Defendants' Preliminary Objections, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES By: Jeff R? ce, s quire Atto ey or Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, Plaintiff, vs. NO: 11 - 4923 CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, Rochelle Silver, by and through her attorneys, Mooney & Associates, by Jeff R. Lawrence, Esquire, and files the within Answer To Defendant's Preliminary Objections, wherein the following is a statement, to wit: ANSWER 1. Specifically denied. This statement constitutes a conclusion of law to which no response is required. 2. Admitted. 3. Denied. By way of further response, Plaintiff's Complaint indicates Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC all share the same physical address; and Plaintiff's avers Defendant Peter Gorski manipulated the affairs and personnel of Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, to such an extent that all three limited liability corporations were shams. 4. Plaintiff is without sufficient knowledge or information to form a belief as to the truth, or relevance, of the averment. The averment is therefore denied and strict proof thereof is demanded at trial. By way of further response, if Defendant Natural Deals, LLC is one of several sham corporations receiving the oversight of Defendant Peter Gorski, its date of creation is not relevant. 5. Admitted. 6. Denied. By way of further response, Plaintiff's Complaint indicates Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC all share the same physical address; and Plaintiff's avers Defendant Peter Gorski manipulated the affairs and personnel of Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, to such an extent that all three: limited liability corporations were shams. 7. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 8. Admitted as to Defendant Kazaam Realty, LLC; denied as to Defendants Instant Financial Solutions, LLC, and Natural Deals, LLC. Three copies of Plaintiff's Amended Complaint were sent to Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC on March 9, 2012. All three Defendants have registered offices at the same address, so all three Amended Complaints were sent to the same place. Defendant Peter Gorski signed the green card indicating receipt of the Amended Complaint on behalf of Defendants Instant Financial Solutions, LLC, and Natural Deals, LLC; but for reasons unknown to Plaintiff, no one has accepted delivery for Kazaam Realty, LLC. 9. Admitted. 10. It is admitted Plaintiff has attached a document titled "Agreement for the Purchase of Real Estate." It is further admitted Defendant Gorski's signature appears on the document in his capacity as agent for Defendant Instant Financial Solutions, LLC. I 1. It is admitted Plaintiff has attached a document titled "Agreement for the Purchase of Real Estate." It is further admitted Defendant Gorski's signature appears on the document in his capacity as agent for Defendant Instant Financial Solutions, LLC. 12. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 13. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 14. Specifically denied. This statement constitutes a conclusion of law to which no response is required. Strict proof is demanded at trial. 15. Denied. By way of further answer, Plaintiff's Complaint does not attempt to claim that the Agreement for the Purchase of Real Estate, attached as Exhibit "C," is a valid agreement and that all of its terms are enforceable. Quite the opposite; Plaintiff avers the Agreement for the Purchase of Real Estate was an illegal contract entered into by fraud and was in violation of the Unfair Trade Practices and Consumer Protection Act. 1.6. Denied. By way of further answer, Plaintiff's Complaint does not attempt to claim that the Agreement for the Purchase of Real Estate, attached as Exhibit "C," is a valid agreement and that all of its terms are enforceable. Quite the opposite; Plaintiff avers the Agreement for the Purchase of Real Estate was an illegal contract entered into by fraud and was in violation of the Unfair Trade Practices and Consumer Protection Act. 17. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. If a response is required, this averment is denied. Strict proof thereof is demanded at trial. 18. Denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendants' Preliminary Objections with prejudice. Respectfully submitted, MOONEY & ASSOCIATES By: Jeff R. Lawre s ire Attorney for laintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, NO: 11 - 4923 Plaintiff, vs. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this 5 th day of April , 2012, I have forwarded a copy of the Answer to Defendants' Preliminary Objections, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES By: Jeff ce, s uire Atto ey or Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 ROCHELLE SILVER, Plaintiff V. PETER GORSKI, individually, and INSTANT FINANCIAL SOLUTIONS, LLC, and NATURAL DEALS, LLC, and KAZAAM REALTY, LLC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-4923 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE GUIDO and PECK, JJ. ORDER OF COURT AND NOW, this 19'h day of June, 2012, upon consideration of the preliminary objections of Defendants Peter Gorski, individually, Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, to Plaintiff Rochelle Silver's Amended Complaint, the Plaintiff's Answer to Defendant's Preliminary Objections, the Briefs filed by the parties, and after oral argument, it is hereby ordered and directed as follows: 1. Defendants' Preliminary Objections that service by certified mail is insufficient to initiate litigation against Natural Deals, LLC, and Kazaam Realty, LLC, are hereby SUSTAINED. 2. Defendants' preliminary objection that Plaintiff has failed to join an indispensable party by not naming the co-purchaser listed on the Agreement For Purchase of Real Estate attached to the Amended Complaint is hereby SUSTAINED. 3. Defendants preliminary objections in the nature of a demurrer regarding Defendant Peter Gorski's individual liability and the applicability of the Real Estate Licensing and Registration Act are hereby OVERRULED. 4. Defendants' preliminary objections that there is insufficient specificity in the pleadings to include Natural Deals, LLC, and Kazaam Realty, LLC, as additional Defendants are hereby OVERRULED. 5. Defendants' preliminary objection regarding the pendency of a prior action is hereby OVERULED. PLAINTIFF is granted leave to file an Amended Complaint in compliance with this Order of Court. Plaintiff is further granted leave to effectuate service of the Amended Complaint upon the indispensable party and upon Defendants Natural Deals, LLC, and Kazaam Realty, LLC, pursuant to the Pennsylvania Rules of Civil Procedure and Local Rules of Court, within 30 days from the date of this Order. BY THE COURT, Christyle . Peck, J. ? Jeff R. Lawrence, Esq. 2 South Hanover Street Carlisle, PA 17013 ?f Attorney for Plaintiff ? David J. Lanza, Esq. y ?Y 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant O©F?es ma l-ed &1911a Alu- ' i r?E FT, T 1i); 2 it 3 PM 2: 4 7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV Rochelle Silver, and John Demeza NO: 11 - 4923 Plaintiffs, vs. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. AMENDED COMPLAINT AND NOW, this day of July , 2012, comes the Plaintiff, Rochelle Silver, and through her attorneys, Mooney and Associates, by Jeff R. Lawrence, Esquire, and files Amended Complaint, whereof the following is a statement, to wit: 1. Plaintiff is Rochelle Silver, an adult individual, currently residing at 1022 W Pond Drive, Harrisburg, Dauphin County, PA 17111. 2. Plaintiff is John Demeza, an adult individual, currently residing at 5 Raven Fairfield, PA 17320 3. Defendant is Peter Gorski t/d/b/a Instant Financial Solutions, an adult currently residing at Post Office Box 502, Camp Hill, Cumberland County, PA 17001. 4. Defendant is Instant Financial Solutions, LLC a duly registered limited company with a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 5. Defendant is Natural Deals, LLC a duly registered limited liability company with a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 6. Defendant is Kazaam Realty, LLC a duly registered limited liability company a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 7. Defendant Peter Gorski is the Manager of Instant Financial Solutions, LLC. 8. Defendant Peter Gorski is the owner or president of Instant Financial S LLC, Natural Deals, LLC, and Kazaam Realty, LLC. 9. On information and belief, Instant Financial Solutions, LLC, Natural Deals, and Kazaam Realty, LLC, all deal primarily in "short sale" transactions involving real propert?. 10. All three limited liability companies -Defendant Instant Financial Solutions, Natural Deals, LLC, and Kazaam Realty, LLC - share one registered office at 62 Fairway Camp Hill, PA 17011. 11. On information and belief Defendant Peter Gorski manipulated the affairs personnel of Defendants Instant Financial Solutions, LLC, Natural Deals, LLC, and Realty, LLC, to such an extent that all three limited liability corporations were shams. 12. Defendant Peter Gorski's fraudulent actions, as described below, amount participation in tortuous conduct such that individual liability is warranted. 13. In the summer of 2008 Plaintiff Rochelle Silver was passing the intersection King Street and Conestoga Avenue in Shippensburg, Pennsylvania when she noticed a can sign placed by the side of the road. The sign proclaimed "Rent to Own!" and provided a to of number. 14. There was no other information provided on the cardboard sign. 15. Plaintiff Rochelle Silver called the number provided on the cardboard contacting Defendant Pete Gorski. 16. Defendant Gorski told Plaintiff Rochelle Silver he had a property available for a "rent to own" agreement. 17. The property was located at 25 Carla Drive, Shippensburg, Pennsylvania 17257. 18. Defendant Gorski had access to 25 Carla Drive by virtue of a residential leas purchase agreement between Kelby Berrier, the true owner of the property, and Defen r Instant Financial Solutions, LLC. An accurate copy of the agreement is attached as Exhibit "A." a. That residential lease purchase agreement was executed on or about 8, 2008. b. That agreement included a provision granting Defendant Instant Solutions, LLC an exclusive option to purchase the property. c. Defendant Gorski signed the residential lease purchase agreement on behalf of Instant Financial Solutions, LLC. d. Defendant Instant Financial Solutions, LLC never exercised their optio to purchase 25 Carla Drive. See a copy of the current deed for 25 C rla Drive, attached as Exhibit "B." 19. During the summer of 2008 Plaintiff Rochelle Silver and Defendant Gorski several conversations in contemplation of Plaintiffs entering a rent to own agreement for Carla Drive. 20. Plaintiff Rochelle Silver told Defendant Gorski of her recent financial including a foreclosure and subsequent bankruptcy filing, and voiced her doubts at being abl to receive financing for a new home. 21. Defendant Gorski assured Plaintiff Rochelle Silver the payments made towards proposed rent to own agreement would be reported to the credit agencies, which would help credit rating and allow her to refinance the home within two years. 22. At all points during the summer of 2008 Defendant Gorski held himself out tol be the "property manager" for 25 Carla Drive. 23. Defendant Gorski never told Plaintiffs who owned 25 Carla Drive. Defendant Gorski repeatedly asserted he was in control of everything having to do with house, and if any issues with the house arose Plaintiffs should deal directly with Defeni Gorski. 24. Defendant Gorski never indicated to Plaintiffs that the only way he could the sale of the property to Plaintiffs was if Defendant Independent Financial Solutions exercised the option to purchase contained in the lease agreement between Defei Independent Financial Solutions and Kelby Barrier, the owner of the property. 25. None of the paperwork provided to Plaintiffs contained information which cause Plaintiffs to realize neither Defendant Independent Financial Solutions nor Defendant Gorski could sell the property to them without first exercising the option to purchase contai ed in the lease agreement between Defendant Independent Financial Solutions and Kelby Barrier, the owner of the property. 26. Plaintiffs were not even aware there was any type of rental agreement Defendant Gorski and Kelby Barrier, the owner of the property. 27. Defendant Gorski told Plaintiff Rochelle Silver she should treat the house as her own and encouraged her to spend money on improvements to the home, explaining to he the upgrades would "increase equity." 28. Defendant Gorski told Plaintiff Rochelle Silver she would be responsible fo? all repairs and upkeep to the home because the home was "being leased to her as an owner unit." 29. At all times relevant to this matter Defendant Gorski did not hold a standard estate license or a reciprocal real estate license as those terms are defined by 63 P. S. § 455.201.. 30. On or about June 19, 2008 Plaintiff executed an "Agreement for the Purchas4 of Real Estate. An accurate copy of the agreement is attached as Exhibit "C." 31. Concurrent with the execution of the Agreement for the Purchase of Real Plaintiff executed a "Deposit to Hold Property" and gave Defendant Gorski a check for $8,000.00. An accurate copy of the deposit agreement is attached as Exhibit "D." 32. Defendant Gorski also required a payment of a $725.00 security deposit, Plaintiff provided to him by check. 33. Concurrent with the above transactions Defendant Gorski provided Plaintiffs wit a "Rent To Own Worksheet" indicating, among other things, the monthly rent amount of $1, 50 included a "rent credit" of $400.00 each month, the accumulation of which would be applied to Plaintiff's final price of purchase for 25 Carla Drive. See an accurate copy of the rent too n worksheet, attached as Exhibit "E." 34. Plaintiff Rochelle Silver immediately began making upgrades to the including, but not limited to: a. Remodeled upstairs bathroom including new marble countertops, ? faucets, new towel racks, new shower head, new medicine cabinet, a 1 light bar, b. Remodeled master bathroom including a marble vanity top, a new va ity, 8 inch faucets, and a new medicine cabinet with three glass panels, c. Remodeled kitchen including new countertops, and new sink, new fau ets, a new garbage disposal, and the addition of a new pantry area, d. Removed badly worn, pea green colored carpeting throughout the house, e. Installed Pergo wood floor on second floor and the hallway, f. Installed oak stairs, g. Installed marble flooring in upstairs foyer and in living room foyer, h. Installed new wall-to-wall carpet in the master bedroom, the living and an upstairs bedroom, i. Installed new ceiling fans and light fixtures throughout the house. 35. The total cost of the upgrades was approximately $11,245.00. See copies invoices from Lowe's and copies of statements from the Lowe's credit card Plaintiff Roche Silver was authorized to use, attached as Exhibit "F." 36. Plaintiffs paid $1,450.00 for each of the next seven months, from September 2008 through March of 2009. of of 37. Pursuant to the "rent to own worksheet" signed by Defendant Gorski, September of 2008 and March of 2009 Plaintiffs accumulated a credit of $400 each month, r a total credit of $2,800.00. 38. Beginning in April of 2009, Plaintiff Rochelle Silver and Defendant aareei to modify the rent payment to $1,000.00 per month. 39. Plaintiff Rochelle Silver paid $1,000.00 each month from April of 2009 February of 2011. 40. In February of 2011 Defendant Gorski informed Plaintiff the home's owner, Berner, was about to file bankruptcy and a foreclosure action had been filed against Be regarding the property at 25 Carla Drive. 41. Plaintiff Rochelle Silver, upset and confused by this turn of events, stopped rent. 42. In or about March of 2011 Defendant Gorski told Plaintiff Rochelle Silver he talk to the mortgage holder and work out a deal through which he would sell her the house is a "short sale." 43. Defendant Gorski did not indicate that to arrange the short sale he would c Defendant Independent Financial Solutions to exercise the option to buy included in the 1 agreement. 44. Plaintiff Rochelle Silver did not understand why Defendant Gorski or Independent Financial Solutions needed to be involved in the deal at all. She believed that if bank was willing to approve a short sale to Defendant Gorski or Defendant Independ Financial Solutions, the bank would approve a short sale directly to her. Defendant Gorski co not provide a satisfactory answer to her question. 45. Lacking a clear understanding of the "deal" Defendant Gorski was offering, Plaintiff Rochelle Silver told Defendant Gorski she did not feel comfortable with a transacts of this type. 46. In response, Defendants filed a landlord tenant action against her, seeking 47. Plaintiff Rochelle Silver left the property at 25 Carla Drive on June 12, 211, providing Defendants with her forwarding address. 48. At the time of her departure, Plaintiff Rochelle Silver requested return of her $8,000.00 payment, as well as return of her initial security deposit, repayment for her to the home, and return of her rent credits. 49. Despite demand, Defendants have refused to repay Plaintiffs any of the mo?i owed to them. COUNT I - ILLEGAL CONTRACT 50. All previous paragraphs are incorporated by reference. 51. When Plaintiffs executed the Agreement for the Purchase of Real Estate Defendant Instant Financial Solutions, LLC in June of 2008, the property at 25 Carla Drive owned by Kelby Barrier. 52. When Plaintiffs executed the Agreement for the Purchase of Real Estate Defendant Instant Financial Solutions, LLC in June of 2008, Defendant Pete Gorski was n t a licensed real estate agent in the Commonwealth of Pennsylvania. 53. Therefore, in June of 2008, Defendant Gorski neither owned 25 Carla Drive was licensed to act as an agent for the sale of the real property. 54. The Agreement for the Purchase of Real Estate, executed by Defendant Gorski as agent for Defendant Instant Financial Solutions, LLC, on or about June 19, 2008, wa in violation of 63 P.S. § 455.301. 55. The Agreement for the Purchase of Real Estate was void ab initio. 56. Plaintiffs have a right to rescission of the Agreement for the Purchase of Real and to be placed into the same position she occupied prior to its execution. 57. Plaintiffs' damages include: a. The $8,000.00 cash down payment required by the Agreement; b. The $725.00 security deposit; c. The $11,245.00 in improvements made to the property at 25 Carla Driv?-; d. The $2,400.00 in overpayments for rent. WHEREFORE, Plaintiffs demand the right to rescind the Agreement for the Purchas? of Real Estate and asks for judgment in their favor of at least $22,370.00, plus whatever damages as the court deems just and equitable. COUNT II - FRAUD IN THE INDUCEMENT 58. All previous paragraphs are incorporated by reference. 59. Plaintiffs entered into an agreement with Defendants to purchase the property at Carla Drive. 60. When Defendant Gorski represented he had the power or authority to sell the property at 25 Carla Drive, Defendant Gorski knew the representations were false. 61. Defendant Gorski made the representations with the intent to defraud and decd Plaintiffs and with the intent to induce Plaintiff to pay $8,000.00 towards the purchase o 25 Carla Drive and to spend money remodeling to increase the value of 25 Carla Drive. 62. At the time Defendant Gorski promised to sell 25 Carla Drive to Defendants had no ability to do so and no intention to so. 63. Plaintiffs, at the time these representations were made by Defendant Gorski, an4 at the time of execution of the Agreement for the Purchase of Real Estate, was unaware of the falsity of Defendant Gorski's representations and believed the representations to be true. 64. In reliance on Defendant Gorski's representations as outlined above, Plaintiffs induced to and did execute the Agreement for the Purchase of Real Estate, paid $8,000.0 to Defendants, and spent over $11,000.00 remodeling 25 Carla Drive. 65. Had Plaintiffs known the actual facts, Plaintiffs would not have taken such 66. Plaintiffs' reliance on Defendant Gorski's representations were justified in Defendant Gorski held himself out as the "manager" of the property and represented he had power or authority to sell the property at 25 Carla Drive. 67. As a proximate result of Defendants' fraud, deceit, and misrepresentations, Plaintiffs' reasonable reliance thereon, Plaintiffs have been damaged in the amount of $27,170.00 representing the initial down payment, the security deposit, the costs of remodeli g, and the overpayments of rent. 68. In doing the acts alleged, Defendants' conduct was malicious, oppressive and/or recklessly committed, with wanton disregard of Plaintiffs' rights. WHEREFORE, Plaintiffs demand compensatory, consequential, and punitive dam6es from Defendants of at least $22,370.00, together with costs, interest, and any other relief this Court deems appropriate. COUNT III - VIOLATION OF THE UNFAIR TRADE PRACTICE AND CONSUMER PROTECTION LAW("UTPCPL"), 73 P.S. & 201-1 et sea 69. All previous paragraphs are incorporated by reference. 70. In conjunction with the actions taken by Defendants in relation to the agreement for the real property located at 25 Carla Drive, the Defendants engaged in and/or deceptive practices with Plaintiffs in that: a. Peter Gorski caused a likelihood of misunderstanding and confusion a? to his authority to sell the property at 25 Carla Drive; b. Peter Gorski held himself out to Plaintiffs as a person who was license to sell real estate in Pennsylvania when he was not licensed to do so; c. Peter Gorski represented that 25 Carla Drive was available for sale he had no authority to sell the property; d. Peter Gorski represented that Plaintiffs' payments towards the rent-to-own agreement would be reported to all three credit agencies, resulting in improved credit score; but Defendant Gorski knew this representation as false. Indeed, at no point were any payments reported to any cr dit agencies; e. Peter Gorski was fraudulent and deceptive to Plaintiffs, and his frauc and deceptive actions caused confusion as to the enforceability of the to-own agreement signed by the parties. 71. Defendants have violated the Pennsylvania Unfair Trade Practices and Protection Law (UTPCPL), 73 P.S. § 201-1 et seq., as alleged above, including but not limited to the following: a. Caused a likelihood of misunderstanding or confusion as to the source, sponsorship, approval or certification of services in violation of 73 P.S. §201-2(4)(i); b. Caused a likelihood of confusion or of misunderstanding as to affiliat on, connection or association with, or certification by another in violatio of 73 P.S. §201-2(4)(ii); c. Represented that 25 Carla Drive had sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that it did not have in violation of 73 P.S. §201-2(4)(v); d. Represented that Pete Gorski had a sponsorship, approval, status, affiliation, or connection that he does not have in violation of 73 P.S. §201-2(4)(v); e. Engaging in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding in violation of 73 P.S. §201-2(4)(xxi).. 72. As a direct and proximate result of the Defendants' violation of the Plaintiff has sustained damages of $22,370.00. WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severall?, in an amount in excess of $22,370.00; the imposition of treble damages and reasonable fees under the UTPCPL, 73 P.S. § 201-9.2(a); and costs and interest as provided by law. Respectfully submitted, MOONEY & ASSOCIATES B Jeff qRa E Attr lamtiffI.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 'T':HIS A.GREksMI?NT dated •,?;?v ?1 ? ?f ?? .., _ -, __..__.. between _ ' ? ? ?'? f? l:n consideration of the paymen? ?r?t and the ??? rd and ???THI- ;?;?y,p;,,????? si?,j i,,,; p ng and perfotmance of the covenants and agreeme Tenant hereinafter set forth, the Landlord does hereby lease unto the Tenant ??? ? th? the County of, v??i ??,?? ??;?? ,the following described premises ?? ?7'` _.____________,_..., State of • .??.,?,•?•r/' ??? ; ? ??- -----•-.._________ to wit: (Insert Legal Addrf With a street address of: „ l??'?,,-l? --._._.. s ti? . ? ? - ?-?------___--_---_ ?'I'1 e sai?? premises, as described above, are here y Iea?t?h T ant for a to Y ? ? f? ----? ? ar?j? .Rent for the remise r m °f l Z- months c P s is payable i monthly installments of $ ! UC?, to b before the firsr, day of the month for which rent is due, toward the purchase price of the propert , pa $°?••---?---• c f each on time rent payment shall shall autornatieally renew for,_?i y Yments to commence , rY'?^ t't- ,I^,??. gives 30 days r.c?tice prior to any renewral nal _?? month period,; £oltowing the expiration of the initial term un T'I-iE TIsNAN'I', ]:N CONSIDERATION pl=? THE LEASINCi OF SAID PREMISES AS AFORESAID COVENANTS AND AGREES AS FOLLOWS; To a ' p y :he rani for said premises as hereinabove provided; To keeE? said premises in good condition and repair and at the expiration of this lease to surrender and the same in as ;cod order and condition as when entered upon, loss by fire, inevitable accident, act of G wear and tear e?.cepted; od c Iq:' IS F(JRTI-lI•sR MUTUALLY AGREED I:hat if the tenant shall be in arrears in the payments of an ins of rent, or any I,ortion thereof, or in default of any covenants and agreements herern contained to be erform Tenant, which default shall be uncorrected for a period of five (5) days after the Landlord has given written no ' Landlord ??na P ed b y, .:.t his option, without liability for trespass or damages, to any manner as allowed by law; declare t this lease ended; repossess the said premises as of the Landlord's farmer estate; peaceably expel and remove the' those claiming r;nder him, or any person or persons occu remedies available to the Landlord for arrears of rent or brae htof coveerlant? their effects; all without prejudice to IT' IS FtrRTI?i?R MUTUALLY AGREED that the Landlord, in consideration of the performance of all th covenants and agreements herein to be performed by the Tenant under the lease, and for Tenant agreeing to erfo minor repairs to the property during the term of the said lease, hereby grants to Tenant an exclusive option to urc above describec premix?y, s at any time during the term of this lease or an renewals for the sum of $? , ?, ' payable as follows; ??1 % (1, j1_ ? ?. ????? as full a ment for Landlor?quity. T e Landlord, u on a me / -? G ? ? ? ?? G?;t <`?? by '?' i __ P p y nt of said purchase money, shall convey said pr placed agarnst th e property during the term of this al;reemlenthCurrent?blalance due of an t end that no additional liens _-?'._-.. _?._-- _.-_---_. ?..._.-____.__._._---____._..__ _.__._.__.-__-_-- y cumbrances arc; as follo? and IandIord shall furnish a policy of title from a reputabl??e title insurance company at his expense so showing. Additional. Provisions: 1. Utilities: Tenant agrees to pay all water, sewer, gas, and electric char„es incurred during his tenancy, 2. Maintenance. "Phe Tenant shall be responsible for all maintenance and repairs as needed or requested by the Tenant the cumulatively exce,,d $ ? ?,?_?^ per month, Any amount of the above repairs over $ d ? --?____ per month steal by Landlord, If the Landlor?cannot or will not makt; the repairs as specified in this agreement within 10 da s of notice t Y hen the Te have the option of either voiding phis agreement by written notice to the Landlord or making such repairs and receiving a credit tov future payments due Landlord, ?,,.,,,?,,,? ????.?,.,?5•??? ??` ,,??__ 3. Title: All documents necessary for title transfer steal b exec !tee and he d?n es?o?w wi?escrow ins ? trons, shall execute a deed of trust or mortgage in favor of Tenant to secure performance of this agreement. At closing, costs she equally between tyre parties. Tenant shat] take the property subject to the existing loans described herein. 4, Insne,?tion: "l his agreement is subject to a final inspection and approval of the property in writing by the Tenar taking possession. 5. A- ssis;nment; The original Tenant shall be permitted the right of subletting or assignment without the Landlord permission. Any ?;uccessive Tenant wishing to assign this agreement must have written permission of the Landlord, If this agr assigned, 'Conant shall be released from any further liability hereunder and the Assignee(s) will accept all responsibilities, p covenants, conditi?ans and obligations as set forth in this entire Agreement, 6. Acce,.:;: Tenant shall have immediate access with a key to show the property to conU•actors, prospective residents, ai interested parties. In the event property is not vacant on the commencement date listed above then at tenant's option all dates in agreement may be moved into the future one month (delay period) for each and every month the property is not vacated by curre occupant. After 9?) delay periods this agreement shall expire, 7. Illeeal Provisions, Whatever item in this Agreement is found to be contrary to any local, state or federal law shall b con?iderr;d null ar ?? void, just «s if i[ ?;ad r,evur «Npeared in this Agreement, dnCi it steal; not er"fact the validity of any other item i Agreement, 8. Insuraice: The Landlord shall pay for and maintain fire and extended coverage insurance on said property for full rep value of the grope :y, naming the tenant as an additional insured. In the event ti;e property is destroyed in-whole or in part, the Landl repair the properf,, as fast as possible at his expense and an equitable part of the rent shall be abated until so repaired. 9, C'ualified Resident: Because having a resident in the ro art who is hi hl agreement is suhjeca to Tenant approving a qualified resident to ocpcupy the property,g Y qualified is of utmost importance to al] par ?O, ? ?.iJ61 .ti.? Ct ? l-/ ? Jr? 5 ?' %'2? /" G?^'? ,P.i?. /1?1N?? y??J /?'1h /?? `?/,?y?/.l.?f i,rv ? ?l ?tn ore. - ?9/?b 'f.:v! 1 ;Y.?s,.•3t?,Yx : 'a` t ? ??'enant PLp 1 <-----?' t, `'l ._ ?'s?. -- Date ??`w?w s.?7.?'?/GA COMMONWEALTH OF PENNSYLVANIA ':4XHIBl1' .? ?? Ver 981 1 LBASb PURCHASB•MULTISTATL Page Lenloyn8 Boro, CumC Rfy Commission ???9 Tenant its by the ituate in >s) ?mmencing paid on or be credited Agreement ass Tenant deliver up r ordinary .ailment the thereof, ?e term of ;'anent, any other m all tease the mises will be s: do not be paid ant will andlord he split prior to written ment is vileges, other this shall this J'N Tax Puree) I,D, No.: 39.3W2436.003 'Ir HIS DEED MADE THIS _IP0 day of July in the year of our Lord two thousand and four ]BETWEEN DAVID THOMAS GOVT, iI and LINDA A. GOVT, husband and wife, of Clouse Road, Newville, Pennsylvania, hereinafter referred to as Grantors AND KELBY D. BERN, ER, of 1 Russian Olive Drive, Etters, Pennsylvania, referred to as Grantee WITNESSETH, that for and in consideration of the sum of Twelve Thousand Doll 1;512,400.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors hereby grant and convey, in fee simple to the said Grantee, his heirs and assigns, ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot #23 in the Development known as South Mountain Estates, bounded and described as follows, to wit: BEGINNING at a point at common corner with Lot #22 at other land now or formerl Joseph B. Hazzard and Esther M. Hazzard, his wife; thence by Lot #22, North 79 degrea minutes East 158.35 feet to a point in the West side of Carla Drive; thence by the West sid Marla Drive by a curve whose radius is 1190.33 feet an are distance of 99 feet by a long cl 4 43outh 12 degrees 24 minutes 59 seconds East 98.97 feet to a point at common corner with 024; thence by Lot #24, South 75 degrees 12 minutes 2 seconds West 147.99 feet to a poi other land now or formerly of Joseph B. Hazzard, et ux; thence by Hazzard land, North 17 del 42 minutes 34 seconds West 112.18 feet to a point, the place of BEGINNING. CONTAIN 116,051 square feet, per survey of J.H. Rife, R.E., dated July 31, 1970. BEING that same real estate that Joseph B. Hazzard and Esther M. Hazzard, his w their deed dated July 27, 1972 and recorded in the Office of the Recorder of Deeds in a t"'umberland County, Pennsylvania, in Deed Book "U", Volume 24 at Page 84, conveyed to Thomas Goyt, II and joined by his wife, Linda A. Goyt, are Grantors herein. SUBJECT to the restrictions of record. And the said Grantors hereby covenant and agree that they will warrant property hereby conveyed. F-+ U1 WEIGLE S. ASSOCIATES, P.C. - ATTORNE G STREET - SHIPPENSSURG• PA 17257- ' of 57 of at by for the:. C :? rn --t rn ? v IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day year first above written. Signed, Sealed and Delivered in the Presence of 44-02C?6 David Thomas Goyt, II mda A. a"'ri ?e• r? m V+ 40 4.J 600K 264 PAGE 979 WEICaLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS13VRG, PA 17257-1997 0/2011 2:11:23 PM CUMBERLAND COUNTY Inst.# 20042672 - Page 2 of COMMONWEALTH OF PENNSYLVANIA : SS (AUNTY' OF CUMBERLAND On this, the A*y of July, 2004, before .me, a Notary Public in and for said County State, the undersigned officer, personally appeared David Thomas Goyt, II and Linda A. G4 kaxown to me (or satisfactorily proven) to be, the persons whose names are subscribed to the wit instrument, and acknowledged that ,they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t 10Mt ; s? Vim oGUNr IM,An 7. v (l11 9.11.9? PM I do hereby certify that the comple post office addr ss of the 'thin named Grantee is: 1q, 8* 1-7,31q Date: 44-LL--- AgentfbrdTan-te-e-? COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND RECORDED on this _ day of , A.D. 2004, in Recorder's Office of said County, in Deed Hook at Page 1 certify this to be recorded l.r., Cumberland County PA Recorder of Deeds Recorder 00' 264 ?Ace 980 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17237.1397 Agreement ]For The Purchase ®f Real Estate PARTIES: Buyer, 900v(0 ), l /%t,v ,? C 41 ?Z,k , and Buyer's heirs, and SIeller,..TN ,4,- cct? Sale r ? ?1 I ___,and and Seller's heirs and assigns, hereby agree that the Buyer shall buy and the Seller shall sell the below described real property under the following terms and conditions: ,SUBJE CT PROPERTY: Legally described as: .(To be provided later) ' PURCHASE PRICE: Z to PAYABLE: $_5' 000 cash dow1n. payment paid as follows with balance paid as follows _ Z_ U z CONVEYANCE: Title shall be delivered to the Buyer, by a Deed subject to the recorded restrictions. r EXPENSES: Buyer to cover all costs of closing. INSURANCE: Buyer is responsible for obtaining new hazard insurance before close d escrow in. the amount of the purchase price or greater. POSSESSION: Possession and exclusive occupancy, with all keys and garage door openers, shall be delivered to the Buyer when. title transfers. INSPECTIONS: Buyer shall obtain and pay for a professional property inspection. Buyer responsible for any repair or upgrade or improvement. 'The Buyer hereby acknowledges that the Seller is relying on Buyer to get this professional inspection, Tl? property is being sold in "as is" condition with no warranty of condition or any of the improvements therein, Buyer understands that Seller has never lived in or spent significant time at or in the Property and has no knowledge about the physical c;onditio? of the property. Furthermore, Buyer agrees hold the Seller completely harmless of any and all liability, claims, or other actions that arise out of the condition of the property. CLOSING: Closing shall take place before v / S P Z ,O Earnest Money )Deposit: Buyer has paid to :3e1 er earnest money deposit in the amour of $ K cw C) on or before G l Y O; _. This money is completely NON-refimdable for any reason and shall apply towards Buyers down payment at closing. In the event that the Buyer does not close, Seller shall retain all money paid to Seller by Buyer as compensation for taking the property off the market and the time an? energy the Seller spent working with the Buyer. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this contract with the exception o the attached Rental Agreement and the attached Option to Purchase Agreement, TIME IS OF THE ESSENCE of this agreement. Each contingency contained herein shall be satisfied according to its terms by the closing date or this agreement extends to provide time for the satisfaction of said contingencies. Each party shall diligently purse the completion of this transaction. THIS IS A LEGALLY BINDING AGREEMENT! IF NOT FULLY UNDERSTOOD, SEED LEGAL ADVICE BEFOR SIGNING, (Buyer) Date tiller) Date F EXHIBIT i "7 Iuep?osit to ®l Property (Prospective Tenant) is agreeing to a deposit of $ paid to hold Prospective Tenant's position to rent to own the erty located at: This deposit hall be paid as follows, ell ALL of Prospective Tenant's deposit will apply towards the purchase of said property (it wi considered as part of Prospective Tenant's Option Payment) provided Prospective Tenant li all oihe?r terms of his/her/their agreements with Landlord. This deposit is non-refundable, ar Prospectiv. Tenant must pay additional $ l1option consideration by--- b il . v and his/horrtheir first months rent of $1 ?Q before moving i properf; on L/ u.) . If either of these payments is not received by Landlord o Landlord may at L ndlord's sole discretion cancel agreement with Prospective Tenant and paid to Landlord by Prospective Tenant shall be kept as liquidated damages to cover applia review, marketing costs to fill property, and lost opportunities. This agreement is subject tc final approval of Prospective Tenant's application. In the event that Landlord does not app: reason, Landlord may at his/her sole discretion refund all of Prospective Tenant's deposit a: this agreement. All option payments and first months rent must be in the form of either cer or money order except as noted below. Prospective Tenant understands that Prospective Tenant does NOT have a valid lease to purchase said property UNTIL Prospective Tenant makes both other payments des, above on time and signs all further paperwork with Landlord, including Lease Agrees Option to Purchase Agreement, Disclosure Forms, etc. In no case may the Prospectiv( enter or otherwise occupy said property until ALL conditions and terms in this agreer been fulfilled. TINIL IS OF THE ESSENCE! .6-' - 1 / 0 , ,. If initial deposit is to be paid by check, initial next to this paragraph to show both par understand and agree to the following: Prospective Tenant understands that he/she/they a rron-refundable deposit on this day to hold the property, Furthermore, Prospective Tenan states that there are sufficient fiords available to cover this check and that Prospective Tena understands Landlord is relying upon the fact that this check will in fact clear. In event thi not clear for any reason, Prospective Tenant understands that Prospective Tenant shall be ti prosecution and collection to the fullest extent of the law, Furthermore, Prospective Tenan Understands that all remaining option money and first months rent must be in'the form of ei certified funds or money order, INHIBIT be ,s up to X, to the >I time then l money Landlord's eve for any d cancel ified funds option Tenant ent have •e making hereby check does ble for RENT TO OWN WORKSHEET Current value of property: $ Z 00( C) 0 C'?' Rent: o t Rent: Rent: Rent Credit: ? 0 0 Rent Credit: Rent Credit: Total Rent . I u 00 Total Rent Total Rent Credit: Credit: Credit: p, Purchase Price: U 000 Purchase Price: Purchase Price: r Rent Credits: ? Rent. Credits; Rent Credits: Option Payment od Option Payment: Option Payment FINAL VU O FINAL FINAL PRICE: PRICE: PRICE: Compare this to the value if the house appreciates at just, %: Future Value: I z -Co, 5 U 6 REASONS RENT TO OWN WORDS FOR YOU: 1) Rent Credits: Each month a big chunk of•your rent goes towards the purchase of your home, allowing you to build equity in your home faster than a traditional mortgage - no more wasting money on rent, 2) Improving Your Property: Because you will own this property soon, any improvemen you do that increase the value of the property help you build more equity for yourself. 3) No banks to deal with - no more bank hassles! 4) Own Your Own Home: You enjoy the benefits of owning your home BEFORE you technically ever buy it! 5) Flexibility: You have total flexibility: you have the OPTION to buy your home, not th( obligation! 6) Your Credit: You are creating a strong credit reference while you are renting to own! Note: All future values of property are projected estimates and may or may not come to pass. " Q l 0"CL 'J??? No one can accurately predict the future value of any given property, and you understand the risks related to this ? to U-KW d ScJ ?.? C ,m C? s ss >?C r 1.,,4 wt; : r-TVIVlit %ourFtl Fli+tiUU:li r7igiC111tl116 MtiWuzlt nulutsr, 14+14M 1TV'%WL0 T Account Numbs 11?W Bitting Data: 08/03108 Payment Due Date: 08/28108 Credit Line: $8,00 Account ry New y Total Previous Payments d- +I- FINANCE F"a/ Awount Minimuln Balance A MRdlts -?MhP ..-, CcUAM (atl AdiuctimMs Balance. Paymattt $0,00 $0.00 $2,028.33 $0.()0 40.00 $2,028.33 $0.00 Trap Data 07129 Invoice Numtmr 14996 07!30 09871 07130 14383 07,131 43585 0° C 43694 14821 0- C 2l5CIO.0[ + "' ^: C3, 0?,,:5- 54 :G:+D 0, c t scri tp Ian STORE 2818 SHIP PENSBURG PA 9t114U $1,737.2, ROUND SEATS SOFT COLOR. PORCELAIN, PORCELAIN PORCELAIN, EZ PAINTWSHURLINE TOWELS- PAPER, PORCELAIN STORE 2816 SHIPPENSBURG PA $73.1 STYLE SELEC170NS WOOD DRAPERY HARDW STYLE SELECTIONS WOOD DRAPERYHARDW BASIC WHITE GOODS OUTDOOR DECORATIVE LICd!-MNG WAVERLY PANELS, SOFT WINDOW - PANELS 7i70Ls - WALLPAPER TOOLS STORE 2816 SHIPPENSSURG PA $30,9 BLUETAP& WHMMORKTOOLS WOOSTER ROLLERS, WOOSTER ROLLERS ..P.c4INT-?A7ERIOEl VA-4SFAR_U rRg R EZPAINTR/SHURUNE. STORE 0708 OHAMBEIISBURG PA $54,6 DISNEY, DISNEY DISNEY, STOREMERVICES' MURALS STORE 0706 CHAMBER;SBURG PA $67.1 JUYENILE WINDOW, =RESERVICES JUVENILE WINDOW STORE 2818 SHIPPENSSURG PA $45.3 STYLE SELECTIONS WOOD DRAPERYHARDW PAINT-INTERIOR•VALSPAR LILTRA PREM STORESERV(CES, WAVERLY PANELS TOOLS-UTILRYKII,IVES a SNIPS IMPORT 8,',-)00-42 + :::?-•-:?-o-- U 8s2?}0°?42 Gj- l 1 1 11 - I ,J 1 ° So . 11 1 1 Piked Purchases TV Current Minimum i 8 Purch Perk a anos Payment- Gitlin o ea ' 2 Close ,0211,33 $0.00 2,02$.33 $ 0112914 5 . 54 J 04 + rentproject is sh7l within the NO INTEREST, NO PAYMENTS PROJECT WINDOW P HAKE PERIOD DURI 1 - ! INTEREST ACCRUES AND NO PAYMENTS ARE REQUIRED. 744 Pro oct VI<ndow purchase period doses 0,9200-42 + on 01!28/2009. You currently have cmdrt avar7ablo to complete your profeet Stop by Lows's Ibdsyl ... a <, < <, ? (102 + J:r 245 - 96 G Batanee 8+iti ect7a Dally " ' Comas ondln AiVNUAL Days This Bole EINAfi FINANCE CHAROE. Perodic Rats i3ERCFJVTAGtE RATE_ Billing Period CHAF Projoct 01 $0,00 00000 k 010096 . 31 $0.t Total Periodic I"INANCE CHARGE! $0.00 Monitor your account 24/7. (Enroll In free eServicing at www.lowesoredit,oom and take advantage of the easy way to: view reoent transactions, oheck your balance, update peraonat u a uLink waltatl' en t Account Holder: NINA MAD Account Number' Y Billing Date: 09103/08 Payment Duo Date; 09/28/06 Credit Llne: $8, p P ccount Fa New To Ymenu $/- FINANCE Fees/ Account Minii -Balance & Credit.1 _ftrchatas . CHARGE (net), AWMEt"L Balance . Favr $2,023.33 $2,500.00 $740,02 $0.00 40.00 $268,35 $0 r?ANSA cTlar(SWM"RY } Iran Date Invoice Number .._._ .... _.:-.. Descrl tlon .fit. :.. '.. v'L:....... .-: ?:::.1.. L:: :t..:.e: ?. .;r 08/07 3343 _ STORE 2816SHIP PE.NSBURG PA A= $301 UDL 10 LESS MESS HARBOR BREEZE CEILING FANS e PAINT 1NTBRIOR-VALSPAR ULTRA PREM - SHURLINE BRUSHES AND ROLLE=RS w HARBOR BREEZE CEILING FANS G:. FLUSHMOUNTS SHURLINE BRUSHES AND ROLLERS 08110 1406& STORE 2816 SHIPPENSBURG PA 37 .98 BRUSHES, TOOLS - H AiVERS RUSuklCWV15 r?S'IiI.CLV : i?=a?sM 1 .; '. yy r.\: FN -S' C' 0 R- I f L3 {I.??J I VAr.ice FAMS - FRQ TA-5LE Put sites Tgls Current Minimum PPei Pro acts 8111(. ng Cycle Balance Payment ClvE Project 01 $740,02' 283,35 $0.00 Ot/25 NOTE: -Your currentprojectis ON within the NO INTEREST, NO PAYMENTS PROJECT WINDOW PURCHASE PERIOD DURI WHICH NO INTEREST ACCRUES AND NO PAYMENTS A115 REQUIRED. This Project Window purchase period closes on 01129/2009. You currently have credit available to complete your project Stop by Lowe's todayl CUSTOMER SERVICE: For account information call 1-800-291-9329 NOTICE: PLEASE $EE REVERSE SIDE FOR. BILLIN6i RIGHTS AND IMPORTANT INFORMATION. PAYMENT DUE BY 5 RM. ON THE DUE DATE, We may convert your payment into an elsotronlo.debit, See reverse for details. 7004 0006 920 1 7 3 0130903 120041 1 of 2 4294 0016 P00B 607 A Detaoh and mail this portion with your ohook to LOWE'S PROJEGT CARD. Ploaeo use blue or black ink, A Y F??:? ,?ck?:!ry.y,,?.,_,;?;:?;:' ?`•`Ss?..•?r.. V:•:v...iar?' `5`? f ;s .c .t?? .?:atr} L s D81812Q 35 r $0.00 $288,35 Fill in amount completely ? ? ? ? n ® IL?...11 ? n +L _.J? Yos, I have moved or i have ohanged my email address. Check the box and CI submit chapge s on the reverse side. :::.:•. : "'?'• .... . , $??1.. ltYANY;?CNANd1?= ....TER rf1:=:,_: NSNOTIC?? :;:.:: •???? •? ...... W.. 1.11 arse: }... II .............::.. I? NINA MADDY 007 1077 OLD WAYNESBORO RD FAIRFIELD PA 17320-8906 Ilr?uulriilrliiullir?r?lllril'I'?'III?I?I'I?Ir'II;<Ir?riihr??I Make Payments to; L.OWE'S PROJEC'r CARD. IIIIII'I?IIrI1??liI??IIIIrIIIIfIIII?I11?IrIlIIIrlf??rltl?Ir?I41I1 P.O. BOX 530914 ATLANTA, GA 30353.0914 130000000250000 000000000026835 000798276 5393076 44kn-; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C11114br,4,14 ?s OFD "L E ? E ??-E' FF is ?? ???>> t t F-I 1 s ,612 t UC- -9 PM 3: IM3ERL,?N'b C0Uil-q I'I PENNS YLV?a f Rochelle Silver (et al.) Case Number vs. Natural Deals, LLC (et al.) 2011-4923 SHERIFF'S RETURN OF SERVICE 07/18/2012 12:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on J ly 18, 2012 at 1250 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Natural Deals, LLC, by making known unto Peter Gorski, Owner of Natural Deals, LLC at 62 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DEP 07/20/2012 04:03 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2012 at 1603 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kazaam Realty, LLC, by making known unto Peter Gorski, Previous Owner of Kazaa Realty, LLC at 62 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. FRY, D SHERIFF COST: $59.45 July 24, 2012 SO ANSWERS, RONNY R ANDERSON, SHERIFF icl CnunNSuite Sheriff. "fel«?csoh, Inc. L. Flt, GE 2 AUG 23 PM 3~ 24 mmAug"d f.WilitTY a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, and John Demeza NO: 11 - 4923 Plaintiffs, VS. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC Defendants. CERTIFICATE OF SERVICE I Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on the 18`x' day, of July , 2012, I have forwarded a copy of the Amended Amended Complaint, in the abovee-captioned action to the following individuals by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES JefflW-ta esquire Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver, and John Demeza, Plaintiffs, vs. Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC, Defendants. TO: Peter Gorski c/o David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Instant Financial Solutions, LLC c/o David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 Natural Deals, LLC 62 Fairway Drive Camp Hill, PA 17011 Kazaam Realty, LLC 62 Fairway Drive Camp Hill, PA 17011 DATE: AUGUST 28, 2012 NO. 11-4923 CIVIL ACTION -LAW s S~ ~a ~~ ~ ..y Q ~ ~ ~a IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANQ PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES C OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS C THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARIIv AND YOU MAY LOSE YOUR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WI'T c°a ~~ 'Y't INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, T IS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MOONEY & ASSOCIATES By Jeff wrenc , i Attorney for P in iff LD. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 I CERTIFY THAT A COPY OF THIS NOTICE HAS BEEN SENT BY ORDINARY MAIL ON 7 DATE ABOVE GIVEN TO THE ABOVE-NAMED DEFENDANT AND/OR DEFENDANT'S ATTORNEY RECORD AS OF THE DATE THEREOF. Lawr c , q File 4 // O�`H�►e 'ro`�4hoo� w, 1� a 20,13 �- y A� ? t-LYII(1 S y(v an�•o� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver and NO. 11-4923 John Demeza Plaintiffs, VS. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC, Defendants. PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the Plaintiff, Rochelle Silver, by and through her attorneys, Mooney & Associates, by Jeff R. Lawrence, Esquire, and files the within Motion to Compel Answers to Interrogatories,wherein the following is a statement, to wit. 1. Plaintiff is Rochelle Silver, an adult individual, currently residing 1022 Wooded Pond Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Plaintiff is John Demeza, an adult individual, currently residing at 5 Raven Trail, Fairfield, Adams County, PA 17320 3. Defendant is Peter Gorski t/d/b/a Instant Financial Solutions, an adult individual, currently residing at Post Office Box 502, Camp Hill, Cumberland County, PA 17001. 4. Defendant is Instant Financial Solutions, LLC a duly registered limited liability company with a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 5. Defendant is Natural Deals, LLC a duly registered limited liability company with a registered office at 62 Fairway Drive, Camp Hill, PA 17011. 6. Defendant is Kazaarn Realty, LLC a duly registered limited liability company with a registered office at 62 Fairway Drive, Camp Hill,PA 17011. 7. Plaintiff filed an Amended Civil Complaint on July 13, 2012. 8. As part of Plaintiffs discovery and in order to properly develop their claim against Defendants, on May 30, 2013, Plaintiffs Interrogatories were forwarded to Defendants or respective counsel. 9. The Interrogatories are necessary to the proper development and presentation of the Plaintiffs case. 10. Having no response, on July 11, 2013, the undersigned sent correspondence to Defendants requesting the responses to Plaintiff's Interrogatories. 11. Plaintiff has not received answers to the Interrogatories. 12. By reason of Defendants' failure to answer the Interrogatories, Plaintiff has incurred attorney's fees of$1000 in order to have this Motion filed and attendance at the hearing disposing of same. WHEREFORE, Plaintiff, Rochelle Silver, requests this Honorable Court to enter an Order compelling Defendants to comply with the Interrogatories within ten (10) days from the entry of such Order, and upon the Defendants' failure to do so within the time allotted, to suffer sanctions imposed by further Order of Court, and pay Plaintiff's attorney fees in the amount of $1000. Respectfully submitted, MOONEY& ASSOCIATES Jeff R. La e sq Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver and NO. 11-4923 John Demeza Plaintiffs, vs. CIVIL ACTION-LAW Peter Gorski, individually, and Instant Financial Solutions, LLC, and Natural Deals, LLC, and Kazaam Realty, LLC, Defendants. CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, Rochelle Silver, hereby certify that on this day of Seio_ 2013, I have forwarded a copy of Plaintiff's Motion to Compel Answers to Interrogatories, in the above-captioned action to the following by regular U.S. Mail as set forth below: David J. Lanza, Esquire Natural Deals, LLC Law Offices of David J. Lanza 62 Fairway Drive 2132 Market Street Camp Hill, PA 17011 Camp Hill, PA 17011 Kazaam Realty, LLC John Demeza 62 Fairway Drive 5 Raven Trail Camp Hill, PA 17011 Fairfield, PA 17320 Respectfully submitted, MOONEY & ASSOCIATES B Jeff R r ce, squire Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA 17013 (717)243-4770 ROCHELLE SILVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW PETER GORSKI, individually, and INSTANT FINANCIAL SOLUTIONS, LLC, and NATURAL DEALS, LLC, and KAZAAM REALTY, LLC Defendants NO. 11-4923 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES ORDER OF COURT AND NOW, this 10'h day of September, 2013, upon consideration of Plaintiff's Motion To Compel Answers to Interrogatories, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, Christylee L. Peck, J. Jeff R. Lawrence, Esq. 2 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff -- David J. Lanza Es q. q 2132 Market Street Camp Hill, PA 17011 k:..4 a al Deals, LLC r C/-) -rl m t�t rr, 62F Drive Camp Hill, PA 17011 - x'; fKazaam Realty, LLC 62 Fairway Drive Camp Hill, PA 17011 /J O Demeza 5 Raven Trail Fairfield, PA 17320 :rc 1.20 t' 02�t LL David J. Lanza Attorney I.D.No. 55782 2132 Market Street Camp Hill,PA 17011 (717)730-3775 Attorney for Defendants Gorski, IF, LLC and ND, LLC ter,; ROCHELLE SILVER and JOHN : IN THE COURT OF COMMON PLEOF =` DEMEZA, : CUMBERLAND COUNTY, j' Plaintiffs : PENNSYLVANIA V. : ' t� : NO. 11-4923 PETER GORSKI, individually, and • INSTANT FINANCIAL SOLUTIONS, • LLC, NATURAL DEALS, LLC, and • KAZAAM REALTY, LLC, : CIVIL ACTION—LAW Defendants • • ANSWER OF DEFENDANTS PETER GORSKI, INSTANT FINANCIAL SOLUTIONS, LLC and NATURAL DEALS, LLC to PLAINTIFF'S DISCOVERY MOTION 1. Denied. Plaintiffs address is beyond answering Defendant's knowledge. Plaintiff Silver no longer uses that name. 2. Denied. Plaintiffs address is beyond answering Defendant's knowledge. Plaintiff Silver no longer uses that name. 3. Denied. It is denied that Peter Gorski trades or does business as Instant Financial Solutions or resides at a post office box. 4. Admitted. 5. Admitted. 6. Denied. The current status of that entity is beyond Answering Defendant's knowledge. Kazaam Realty, LLC is not located at and does not do business at that address. 7. Admitted. 8. Denied as stated. It is denied that the aforesaid discovery would properly develope Plaintiff's claim. Much of the aforesaid discovery includes asset discovery that goes beyond the scope of discovery in this case. 9. Denied as stated. Much of the aforesaid discovery seeks asset information and would be relevant only for execution purposes. The aforesaid discovery also seeks protected EIN and tax information. 10. Admitted in Part. Denied in Part. Detailed answers and Objections have been served on counsel for Plaintiffs. Defendants' counsel previously attempted (unsuccessfully) to discuss this matter via telephone with counsel for Plaintiff. 11. Denied. As of the date of this Answer, Plaintiffs have received detailed Answers to the non-objectionable portions of the discovery requests and objections to the asset discovery. 12. Denied. It is denied that Plaintiffs are entitled to attorney fees in light of their attempts to engage in asset discovery. It is further denied that Plaintiffs are entitled to relief in light of the detailed Answers provided by Defendants to the remaining portions of the discovery. Wherefore, Answering Defendants requests that this Court dismiss Plaintiffs' Motion. Respectfully submitted, Dated: t /�✓'' David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendants Gorski, IFS, LLC and Natural Deals, LLC 2 CERTIFICATE OF SERVICE AND NOW, this 9th day of October, 2013, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 By: David Lanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver and NO. 11-4923 Civil Term John Demeza, Plaintiffs, m vs. CIVIL ACTION - LAW c ry r " Peter Gorski, individually, c Instant Financial Solutions, LLC, Natural Deals, LLC, and ° " r,y Kazaam Realty, LLC, Defendants. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Shawn M. Stottlemyer, Esquire, counsel for Plaintiff, Rochelle Silver, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is $27,170.00. The counterclaim of the Defendants in the action is $6,000.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David J. Lanza, Esquire and Jeff R. Lawrence, Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MOONEY & ASSOCIATES By. �! Shawn M. Stottlemyer, Esquire Attorney for Plaintiff LD. # 312794 2 South Hanover Street Carlisle, 17013, (717) 243-4770 ay S 9YOAt � a9a gay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver and NO. 11-4923 Civil Term John Demeza, Plaintiffs, VS. CIVIL ACTION - LAW �.., CZ Peter Gorski, individually, ' Instant Financial Solutions, LLC, Natural Deals, LLC, and Kazaam Realty, LLC, Defendants. ; > CERIFICATE OF SERVICE I, Shawn M�.. Stoo�ttl�emyer, Esquire, attorney for the above Plaintiff, Rochelle Silver, hereby certify that on this t_! day of C_ r , 2013, I have forwarded a copy of Petition for Appointment of Arbitrators, in the above-captioned action to the following by regular U.S. Mail as set forth below: David J. Lanza, Esquire John Demeza Law Offices of David J. Lanza 5 Raven Trail 2132 Market Street Fairfield, PA 17320 Camp Hill, PA 17011 Respectfully submitted, MOONEY& ASSOCIATES By Shawn M. Stottlemyer, Esquire Attorney for Plaintiff I.D. # 312794 2 South Hanover Street Carlisle, 17013, (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rochelle Silver and NO. 11-4923 Civil Term John Demeza, Plaintiffs, vs. CIVIL ACTION - LAW ' ' t l . Peter Gorski, individually, r\> p'r Instant Financial Solutions, LLC, — Natural Deals, LLC, and Kazaam Realty, LLC, _: Defendants. ORDER OF COURT AND NOW, 9 , 20/y, in consideration of the foregoing Petition for Appointment of Arbitrators, Lx-l -a , Esquire, and Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, �7• AC., KEVIN . HESS, P.J. • /Shawn M. Stottlemyer, Esquire /David J.Lanza, Esquire /John Demeza e9pies mai led '1L/1v MIN S--;4en, 4j E�/4/p °_' .- In the Court of Common Pleas of Cumberland / Plaintiff /j G�r S l/I� P_ W County,Pennsylvania No. / - rg),2 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support,obey and defend the Constitution of the United States and th; Constitution oaf this Commonwealth and that we will lddisc arge-the-duties of our office with fidelity. Si:ature Signature Signature CI /? 4} /UO /ci.J.J 4. Mkr �',ineaIA rI Name(Cirman) Name Name 7Lf2 d / .�tl� �ti Sal 2N A.vve. �.�.1....6 P.G. ha_ &Yid °` I��ICet7Yg Law Firm Law Firm Law irm, f C , q00 ,1t CalL 6)vd, - /J9 O r 3sy rl/4- .si, / LS v t-t 1 y0 Address Address Address ( v-/ / / 7/3> Ce... i le ,/?4 / 7v/.�' Makin E WI I q053 City, Zip City, Zip City, Zip Award We,the undersigned arbitrators,having been duly appointed and sworn(or affirmed),make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We F i'4 ` dve* 64 �c �la,-,-= J P /)U e11t /w/2--, /fr , ', 4f . a yI ,je 1,1471 oed --C?i ' d r 7C�Gf / avk�,,� U,/OLD 1-.,t r( ''Z �x [/ /i Q _ `� .Arbitrator, diss-nts. (Insert name if applicable.).�,� .� 7 1 -- Date of Hearing: .1 _ 7 y Date of Award: _ ® E j• ' (Chairman) Notice of Entry of Award Now, the 2 day of Ajr(L4,y ,20 /il , at /0:X1.5 , /4 .M.,the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ V/jo. --- 04,e_teif. ,__Th . L By: ._ Q� £- ��?/ .,.f - Prot o tary Deputy r - - 'PE• • ; • 7Glii FEB 21 AM10145 CUMBERLAND COUNT'( PENNSYLVANIA /---51'14uOn • .thivr-bile sty er bat";c/ Lanza. • .4/4 IN THE COURT OF COMMON PLEAS ROCHELLE SILVER CUMBERLAND COUNTY,PENNSYLVANIA VS NO. 11-4923 ' PETER GORSKI et al r- t c CD NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendants appeals from the award of the board of arbitrators entered in this case on 2_ II-, ! i A jury trial is demanded E. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that IN1. the compensation of the arbitrators has been paid,or F12. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. IK � y/6. 5Of � y A.14* 3obSY4