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HomeMy WebLinkAbout13-6236 Supreme Court of Pennsylvania Cour oinmon Pleas For Prothonotary Use Only: r j _ Hsu Civit o eriS-heet Docket No: AVI County /3- The infarmation collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons El Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plainti s Name: / Lead Defendant's Ile: // ,,, ( f J\J 9 0, k r T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? es ❑ No (check one) Wutside arbitration limits O N Is this a Class Action Suit? ❑ Yes O Is this an MDJAppeal? 0 Yes �To A Name of Plaintiff /Appellant's Attorney: D ftyl D L qNT 0 Check here if you have no attorney (are a Self - Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CO RACT (do not include Judgments) CIVIL APPEALS ❑ Intentional i Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle 0 Debt Collection: Other ] Board of Elections Nuisance Dept. of Transportation Premises Liability H Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: E mass tort) Slander/Libel /Defamation Discrimination C Other: E] Employment Dispute: Other ❑Zoning Board T , El Other: I 0 Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: El Ejectment ❑Common Law /Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment El Ground Rent ❑ Mandamus 0 Landlord/Tenant Dispute ❑ Non- Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin Legal ❑ Quiet Title El Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 a David J. Lanza I.D. No. 55782 Attorney for Plaintiffs 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730 -3775 DENNIS COUCH AND LEANNE BEIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. X36 &,,q/ V. CIVIL ACTION — LAW COLDWELL BANKER SELECT PROFESSIONALS and STEPHEN = ` ' BICKFORD, U,, rye = c a Defendants NOTICE TO DEFEND To the Defendants: 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 attorney and filing in writing with the court your defense 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 judgment 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249 -3166 103- i David J. Lanza I.D. No. 55782 2132 Market Street Attorney for Plaintiffs Camp Hill, Pennsylvania 17011 (717) 730 -3775 DENNIS COUCH AND LEANNE BEIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION — LAW COLDWELL BANKER SELECT PROFESSIONALS and STEPHEN BICKFORD, Defendants COMPLAINT 1. The Plaintiffs, Dennis Couch and Leanne Beil, are adult individuals residing at 22 Royal Palm Drive, Mechanicsburg, PA 17050. 2. The Defendant, Coldwell Banker Select Professionals, ( "Coldwell Banker ") is a business entity of undetermined nature with a place of business at 4075 Market Street, Camp Hill, PA 17011. 3. The Defendant, Stephen Bickford, is a licensed real estate agent doing business through the Coldwell Banker agency, with a place of business at 4075 Market Street, Camp Hill, PA 17011. 4. On or before December 10, 2011, Plaintiffs entered into a contract with the owners of the real estate situate at 6 Souder Court, Silver Spring Township, Pennsylvania, 17050 for the purchase of the aforesaid real estate. A true and correct copy of the aforesaid Contract (hereafter referred to sometimes as "the Contract" or "the Agreement ") is attached hereto as Exhibit "A." 5. Defendants Bickford and Coldwell Banker negotiated the aforesaid contract as the listing agents for the sellers. 6. As the listing agents, Defendants Bickford and Coldwell Banker were aware of the contents of the aforesaid Contract. 7. Defendants Bickford and Coldwell Banker represented to Plaintiffs that said contract was binding on both parties. 8. Despite having negotiated the aforesaid contract, Defendants Coldwell Banker and Bickford subsequently negotiated another contract for a different set of buyers to purchase the same real estate from the same seller for the same price. 9. Defendants failed to disclose the existence of the second Agreement to Plaintiffs. 10. Defendants placed the second buyers in the real estate as tenants while Plaintiffs were attempting to complete the purchase of the real estate. 11. Defendants failed to disclose to Plaintiffs that Defendants had allowed third parties to move into the premises. 12. Plaintiffs discovered inadvertently that third parties had moved into the premises only in the process of completing their due diligence as required by the Contract. 13. The real estate at issue was encumbered at all material times by at least one mortgage held by the seller's lender. 14. In order to satisfy a contingency requirement for settlement on the Contract, Defendants informed Plaintiffs that the sellers' lender had approved the Contract as part of the lender's "short sale" process. A true and correct copy of the lender's approval is attached hereto as Exhibit "B." 15. In reliance on the existence of the Agreement, Plaintiffs incurred costs for loan applications, inspections, appraisals and other incidental expenses for the purpose of preparing for settlement on the real estate. 16. Defendants' admitted to Plaintiffs that they had attempted to sell the premises a second time to third parties only when confronted by Plaintiffs after Plaintiffs' expenditure of the aforesaid expenses and after Plaintiffs devoted considerable time toward the purchase and settlement of the premises. 17. Defendants' conduct in placing unauthorized individuals in the premises prevented and interfered with Plaintiffs' attempts to have the premises inspected and appraised prior to settlement. 18. The occupants that Defendants placed in the premises prevented and delayed the necessary inspections and appraisals. 19. As a result of the actions of Defendants in attempting to sell and /or lease the premises to unauthorized and undisclosed third parties despite the existence of a binding contract with Plaintiffs, settlement on the premises was delayed until after the sellers had reinstated their bankruptcy proceedings on May 10, 2012. 20. At the time of Plaintiffs' Agreement attached hereto as Exhibit "A," the sellers did not enjoy the protection of the United States Bankruptcy Court and were lawfully entitled to sell the real estate to Plaintiffs. 21. As a result of the delay caused by Defendants, the sellers no longer had the authority to sell the premises after May 10, 2012. 22. As a result of the actions of Defendants in placing unauthorized individuals in the premises, the premises suffered from unauthorized alterations, waste and deterioration, thus further impairing its market value. 23. Defendants repeatedly exacerbated the situation with additional misrepresentations in the weeks and months following Plaintiffs' discovery of the unauthorized occupants in the premises. a) Defendants represented to Plaintiffs and their agent that Plaintiffs could complete settlement on the premises despite the reinstated bankruptcy of the seller and that the bankruptcy somehow did not apply to the real estate in question. b) Defendants attempted to induce Plaintiffs to complete settlement on the real estate despite the presence of unauthorized occupants by claiming that Plaintiffs could legally obtain physical possession of the premises within days of settlement. c) Defendants attempted to extract a release of liability from Plaintiffs and a written promise that Plaintiffs would not report Defendants' conduct to licensing agencies as a condition of completing the purchase and settlement on the real estate. d) Defendants conveyed to Plaintiffs violent threats that the unauthorized occupants had made against the property, but refused to confirm those threats to law enforcement authorities. 24. The aforesaid misrepresentations caused Plaintiffs' costs and losses to increase. 25. The conduct of Defendants delayed the completion of settlement until after such completion became impossible due to the Sellers' reinstated bankruptcy and the alterations and continued foreclosure proceedings against the real estate. 26. Due to the actions of Defendants, Plaintiffs have been deprived of the opportunity to purchase the real estate on the terms and conditions set forth in the Contract. 27. Due to the actions of Defendants, Plaintiffs have been deprived of the use and enjoyment of the real estate at issue. 28. Defendants' actions constitute tortious interference with contractual relations. 29. Defendants' actions constitute fraudulent misrepresentation. 30. Defendants' conduct was undertaken willfully, maliciously and with intent to deprive Plaintiffs of their rights in the property, or, in the alternative, with reckless disregard of Plaintiffs' rights. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the arbitration limits of the Cumberland County Court of Common Pleas, together with punitive damages and all other relief that this Court deems just and appropriate. Respectfully submitted, By:_ 0 David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730 -3775 Attorney for Plaintiffs 326 -3 VERIFICATION I, Dennis Couch, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. r Date: By: EXHIBIT "A" DocaaSign Envelope iD: 1893AEC9- 1t '?84W- 4C.FF- 88E8- 74,45BEF;11288 STANDARD AGREEMENT FOR `I H'E' SALF, OF .R.LAL ESTATE ASR This rtsrarecs7n ;iteixirirstdappmv—Miut,!,w, asst, 5m.ciccur.me.D" uC < , I tt;cVilnas, - ?ivr *.:aa;oci paicat "'k BUYE RN' p 73�11'F.,I2'S RiAt ftvC" p ___.._y�A, .- .aC— „-M.v.,.x:�_.� t,.�• tl' 4��� ,r,,,,�,.,_„.,, ��r7 c fir. L,� X T ^e" �*., �. y` ,.` J . Y Ita a D 5' ixz the municipality of C(1t i1LV }j�t isi the gchool iscaczr�t "� O t t rr Ft i �t °c mfh Co.mmo lde :�ci uflciort (e,;7.. TtzY. M Y, l'avcvl Lol, 'dock; DeodBdoh, 1'mle,'Racoreing,'a Eft VER'S I'iF.xI.ATI0 N'S R,IJI NVI T 11 PA L r C" SX1.) 13ROKEts 0 No Dusitress Rela mmiti (Buy =er is out repr^LomxIM hY I brokele ) Broker (Company') Company Addm sta L _ Direct Phoracts � fir` Ce)l 'Phone( -,) . Company Phone —' I .pax Company Srttx __. Email ft Brokez is: IK Buyer Agent (Bmirer rcpresmus Buyer only) i•R Bu er Agent with Desilmaed Agency © Dual. A„en; 'Soc T)natl a nd of Designated �Ag* ! box beiuw` °} l e3tac r Aft ai€ �s�itEr. rtrt 7�°�igttntet hfy aac}r w 1:0 Dual Aecn( (See Dual tttzct' { }a C3c�i�ra tted.Ageni box belaw) i� Traasa tioct. iaLtusts ( B-o ker and ,;,Q tzscc( s)provide real estate wcrvicei but .do Sl t,7,i"R'S 1 L,tA"1IONSTIM y,N'I.`f',If PA UCENNSB1) F.iltC)Ti i k. �'tV"ca l�ttslxte (SagCl�,t tsaatJl reltr�satafeci kr <alrtcalLa;r) I:szokaj (CL3t'tlp any) i4 1 z) :*' ? r l# i r., u4 {s' % Ya ) _...._L --- k -1 rw tl Cpa7t } >aztti A.cclr ss Dircet.l'Itaziets) a C onapazzv Phonc Comparay Fax _ j l zttcul 5c.11, Agent (Broker represents only) � px S lierAgen.t vvi Designated Agency Cl Dual Agent Oce. Wal w6`or D aated Agralu, laox below-) u Seller Agent witlawt Desigtamted. Agency C1 N&IA FSce glum} and ?or Design ated,Agent ba- beloN7v) 0 Trumaotion License (Broker and Liccasee(s) ,farovi& mal estate services but do not mpresent Seller) DUAL.A!"4'f)IOR D1 S7C1NAIED AG1<; A Broker is .a Dual Agem When a rokcr rcprosciut� both Buyer and Scher in the sarne a'anmue loom A L..icens "u 'is a Dual Agcrnt: iriren a UCenS r IzMReal(S Buyer and Seiler irs G sctmc tramsacaom All of ligcnsem; arc also DuA Agm1 5 UNLESS there ale sgaraw D,rsi tied Ag,zftrS forl3nyi tx and Seller, f ttse same tLjm,-tseti is rles1¢;laat od for k3uyacr wid Seller, fl- i..icen5ec is a Dual Agcnt . By signtina Mis'Ap;eLmLat, I)uyer atnd Seller eaelz,aL'lo)oi ledge having beet/ tamwiou:slY iliformad of, atntl Consented to, dual a>,pney rc "sfapp;Lie_ilJlc, ,- --.pn� os 3 i j �j� 8uycrtsllA.1:� � _ AS�t ['agea.at.Tl sc7iea�.atPtiaLti.....___ lta;.s�l�ccl T1141 � „_ , cf.e2n -�. W 1_1'6' PtI Ir. c+r�6:,e°a;kxa aY..*zrzY.SSx't7 OV. t)K 3Yrxv.'I! j 3. ts- •f:a6 Pemn6ylvania ASSOCtatlon of REALTORS trta I i l DocuSign Envelope ID: 1603AEC9- 1060- 45FF- 88Ee,- 74453CF0128B 1. By this Agreement, dated _ ,`.� ,`_,6 ­'1 , : Sellei heiThy agrees to leil :i�17ct crrnsey ts'i iw�itu .ltsvcv to pu;chns� t e.ideaitl`ttai. fropvrt�yr ' 2. PU CRASl= Pl fCE AND I EPOSfTS (], _j 0) p (A- j Ptttchase Nice �..... � �1d N t sf ... � ✓- � f' et,� � �l�t ��" � rG r...„ ..... ..... ..._. ....................... U,S. Dollars), to be paid by :Buyer asJbilows: _ 3 � { Deposits wwrithir, da tz tic xecr him Dm of OhisAgreement: 3 4. iern amiag btllanc e will 'te paid at seaalemena, 7i�7`i (l3) All funds paid by Iluyrt atat itad,ittg deposits, •avill he patid lay cheek cashier's ebedt of ss red funds, All fuird4 ptaltl by Buym within 30 DAIS o saderuem. in uding t"un& pttitl_lit W-Cl meml, will'nc by vvibi,er's check or wired funds, but riot!hy per - siltzal eileck, 1 1 C3 le , r lardIess oi` tits r'orm of paval ra £aitd d is person designated has payee:, wil€ be paid in U.S. Dollars to Broker f'or _Seiler (un.iess offiermse st£tted ;here: u+hta will retain deposits ias aza wxcroww aaccomif its Conformity with all applicable lawvS anEd.rgUotions omil consttcaatratiati or ter- minadoil of this Agrmatm(. Only .real estate* brokers are retlui,reJ to hold dLposim kii accord£ule.c: with the roles arid regWations of Ow Stric Rral EsLatc C.:nrunl:ission. Clie (cs tendered as denovit namie, may t?�! held uov ached panding.thc execution has this 1w gO•ttttrnem, 3. SELLI?.ItASSIST" ( f.Applicable) N-] 0) Seller will imy S r' i`� or �r 'lt, Of Purclxasv Pr.icw ('0 if not specified) toward F3tiver's costs, as pemniaes by (he mortgage lender, W aoy, Sealer is nuly' d ligsrted _o ;:aye crta to the <tu omit ur pereenttage witich is approvoe by mortgage iarAer ' � �� tt�4: €I±::�'°C'.?�N ntent Date r _ . J � I ` � � () _. _�. .. , or bctove i,'Bi er and Seller agree, (13) Scttl."Inery will tJt.t._ar llt th"t ant`wN' w:A tlic Pr'operty i loraicd or in an radJaceln, ccronty,, during normal bus -iness pout.,; unless Buyer and Seller agme otltar,vise. (0 .At time of nertletttemt the 'following will be prorated all daily basis bV ween Buyer and Se €ler, rki :nibtirsive, wvbam appiieable: current waxes (suc Notice € egarding Real Esiate 'Cwxcs), rkizGy, inlerest 013 Mortgage ttssumptioas, coudutrrinionz l`eec and Moroi moiler associatiori feos; wwor atndbityr l'. wrer ?ecs, to ze lier Nvit'h any €athim liett<tbt t ttttrniuiptal serv't v, fees. Atl.c(targax ti +,i61 be Pro- rated for tine period(s) ca vved. Seller Avil l .iaay up .to ahtu' i.ncuding tli date and Sayer will Pay fbr all, clays follow - itt} C.t.tlwnlwnt taillc5fi tttlac ;'�°ise stnttti hc'e' (D) Conveyance f Seiler wyili:be by fee simplL dead of 4pecial wltmmy t^tiless othsmise stated hm% _��� {F.) l?ttwmaet,t: of t aiz f i trixea wvit be dh tided oquilly between Buyer £ararl St lief taial€ws,vthsru ice .atateal .ltcre ;� _ � „ (F) Ptre�session is U) tic dcli �et d by cecd.. existin?, key's snit physi tai pusseasi'on €o a vacant Prnpertyl free of`debm, with all structures bvaom- dealt, at day and tirxc ca: seiticalcrht, titxlcss Seller, before ,signing thisAgratimont. has ide nt€Ped io suiting that the Property is subject tv a lease fGi tfSalle: 1i s idemilieid in ,u - riting that tutu Property is sub ect to a;-case, pam:ssion is to be delivered by deed existing keys and assignment of existing biases f"or Che Prr9lloiiti, tcagctlter with secr.trity deposits wid iratcrt;,ti't. if s,ry, at day and 'dint- of sc.ttivri tell (. Seller wwi,l not erttlaer iwo rxn nmv lutses, -star extend Odstinf, eaNes, to: file Property waitileszt tiu c a writicli rnzsent of Bizycr..L3t :rycr will acknowledgo ex.istini lemo(s) by itlitialiug tPie ;ea'se(O at the mcution ofibis Ag mment, wilco otherwise stal»tii'n this; gr'eelnciat. Cl Tenant ={3cr tptier� P1" «lzerty` A;3tlendutn ( ]?:-�i2.�orm `TOP') is alirached. 9. 13ATUS1T'Ii45F IS (3T° THE ESSLNC; (1 -ii1) (A) v dtten acacpta cc of all parties will tae on or before (B) The Sculemcat ::us and all oti4cr date, mid times icie ntif'sod for tile; per-Lurr nonce Ul' all obli of this Agreente w are of the essence anet are hinding. "C) Exec6un Date o; this Agrcettaent is itte aiaxt saaheir r3thya r naafi Seller ltavr i'ndicrcd lug( acs eptattcc of this Agreezncnta) y s4m- ing andfor ini'ftaling it. For purposes.tif Lim Ag7cement,.tlte.tulra {ref ofcl£iys twfili lie c.ozuttc.d from the Execution Date, excluding tiro doe this Acreeme.ot was executed n.tt ad 111cJtuel'trrg rht last Clay of dic,'ximit- period. All Changes to this �graetnen't should 1) e hii- tiAled and dat:.-rl. D) fizc Switierttrm Daatc is nu, extended by any father prtvisiorl of lids Anrecmvit and may only I ided by mutual - written agree- mean a, die parties. f L °`) Ccrmin t'ernta tatty time periods irc pre - printed in. dais Agreement a,; a coliveizietwo to the 1^St ye, and Sel.len All pre p5nted tertf°ts and cimu periods are negotinbi.c and niny'be Ll mipd :by strikivag oait ffie pre= p- iizfcd -text tatz.ci 'i'lzssrairig.difi`eretzt terms acceptubte to all laartles. 6n ZOr 'ING (1 .40) Failure of this Agreement to contain the xtaning classifieaflon (xce1t ill easels sw'li „t'e lee property (ind each ptircel thereof, if subdi -. vidabirf is zoned sole,ty or primarily to per aIR singie'rarrily d we.11i'ngs) will rendw this Agreeirica voiditble at Buyer's option, road if' voided, any deposit, tcaidemd by the 13<rver will be returned, to the filuye,r wiaioui dnr requirevant -f t° cotirt action, Jottutg Cilassific.a tit) a; RF e -,, os r ASR j"'aue it at' to t'tiar 1 nitia@ai,,, ltetetsed 1/t0 I DocuSign Envelope 0: 1603AEC9- 106C- 40fC- 88E6- 7445PEEOt28h 7. (A) INCLUDED h, this sale are aii e%isting items permanc€it.y inst -11W in tilt Propett°, free of liens. and other items including phimbing; heating; radiator covers; iiGhttng tixrure'; (including Clralixdeliers and ceolilla (arts): pool alid spia equipraa�tlt.(inclttdi.trg Covers and cleaning equiptaent): electric.atl €teal `'erscing .systams (exctta,ding collars); g,arnge door openers and'trinsmitters; telen viai(rn at,tCuha6; anlpottctl Shrubbery, planing* and trees: any na-mainine healing arad coaking fuelts stored on the Property tat fete - dme• of Realernent; smolZc d(1l'.::a;(7is and , eon �Eftt)£i {ka".ttl4: Ca.�,€J't1,xt�: SLUT �'7 ° })limps- ;suirli£{�;. ^.};UdS: ftiI1,C��i2fiy It5i�16�7(bXe, .itt,Tttil to �Ro l calpt<tixtg; existine, wiodovt s::reens.stain windows And screen /storm doors: vvindmv • covering hardware, shidos t)nd blinds; etvvn3rlg, atilt art air ttattditttntt s Incltit -i.r tppiiltrlcm tile rail t etcxx er rsr kms oth r�vigo, sEiucd: •n d ifti vued �yftt it, cn.tsys• terns talr,irta t arty, " c €Iigaes and u vstcrt£;. Also tncit d d f f3 The '(t)liowinr� .tit ns am t F.AS'El) no ow ned l b� �ci,crx C`arltacs. r� �r >>v �t �r; ve:nd�r o, ana � n cinatzxh�;c,�; iv'Q't�er�'rrratment gysterns.. pro ane t;rtllc,. sa,edlite dishes and s„(tixlty systmms): (C:) EXC'L,tr'MED f moires and hang= - iI0IW 0 '(rt'A'_NED, Tllia sale is 'h OT cc?.ndimcm or) niortgatge fixaaancing, s'it' ough Buyer marl obtain an,rrtgagG f irttt.tleirag and/or f le -Ptir- tles. may itichide an trppa'aisHl i:;+onti3tn4't3cm ELECTG t . (q This v&t is mm', tngcnt iil buyer obtainin mortgage fartarlo ng accott to 'the 'fol7CYwillg l terins' First Mtarf sige on the Property= Smillrcl Mortgage- an theT'roperi4x � I Loan :Arraoutls i �m. ' _... w.._.._ L.onil Amount S W...._. ....... . ..- Minimum Term Minimum 1'cr -sir yofats Type of mort4aage Yrr of atom ge Loan- To-Yah w{i-l" . )rant). Lctir•S�o V€tttc (i:7 ��) rzrd€r: Foz nonwPHANA loalxs tr rsus not to exceed `N For tion- MA;VY1, 7c�ut�w�1�'E`ta'raitio not to exceed Mortg�c tendr; iYioat a cnti rr hrteresrrate 1 1Y,• U cry; Luwever, :6nyia• agrees to aasfWflic � 'lrA="-t rate � °,o: lt�x =cvec Ruyer agrees to accept rise interes raw asnl, a) beCaninvtted 'fty lextdvr,not izafi* cstrutea- tcsaytrctatrtmitt��lrvfharattYt�g��elcnr .ilettncxttn tC u:Cef a.rYt .X.iilaliili ttitt~Te,St vat'C of xi- 'w. excom JI nin\j P1UM itrfmrrsa We of _ �i ✓ o Discount poiftm. loan ccigin rdon, lmn Placement wid other fm low origination, Inan ,pla�ceinent and other ieess ding?eei by the lettder as a per :enrage o'u �teae tsroia�ikgz loan (exclud- chat, Cy t „e lender as :a prrcc zatzrge of die tsaartgagc, inatl (excJ tt iron taily mortgige iusttranue pretuarns or 'VA ice? not to inn my most'g.�e �i�ulan� e �pretsaitu�a�s or° �t� - Finding fee) uof to 11 mweed .— %( 1 )%n if not spc6fied) ot`ttl;a inortgagc boar. e=xceed 'd, (0 %) it'nat' sp�citied} of fire )l7u:t sttxe..totut ( 3) The i.nteresi rear (s) wed ice{ I _ir ravisions ;n Paragraph 8t:.4} rite misf ed if ttm mortgage, lancer (s) gitims Buyer the riglafi to guar tarrt,ee the irarerest atdts) and fuels) at or b0mv it E rnaximum levels stated. I;' lenders) wives 'Buyer the tight to lock in the lnter- c;st rate(s), Bliyc.r swill do s €s at lease. — °3 .� days bete €c : € *ficaraent Daic, l vt r gives Seller the.,r ght at Seller's stile option and as permiti'ed by iarvand "he mortgage conta ibutt fnallciail,ti =, � of chilhtus anacn. i, to tine B yet' and/ the morfga' e .cndr °f s) to snake the ab(kvc a taste ,lge tarm(s) available to Buyer. tC) With "m clta f7 it "aacst specific(,) 9ittill €llw. F,x4ctt*itnti Neste o this Agrtmmcalt. Rum vti'; make a completed, wrinen mcrtt� gaue� apphurtion (includirar paymon - 14 5 or an lts d ordering of appraisui and credit rea•ts %ithout delay, :at the tithe required by t€atcer fm the nrorttgoye terms and to kh€:n;trrtgaagte lender(s) identified in Paragr•a)ah 8(A), i tang, other ,vise to a.-respon. iblc nwripigo iendcr(5) of Buyer's chalice. Broker for Buyer JAI tarty, mhervvise .Brolmi for Sellor, i:,s aathmizcd to cilmnitmicatc its the mortgage 'underfsl to assist in tilt morig;m'C hero larocoss, (D) Buyer WU1 be in default off this Agreem4mvt if ]Inner turttishas false tnforrrtttdon to anyone concerning - Buyer ° s fmancial andlor wrtplaymant statu'S, falss to cooperate in good faith averts ltrcacessing the mortgage loan ttplri.tt;ation (taielindin; datq of the approisal), ftdls'to lock f:aa.intertst rate(s) as Slated fn ra r:3graph fl(B). err otherwise ea uses tire: to naer to reject, refuse to approve or issuer, mortgage- Imm coma mit'tncrrf'. {E} I. trt'tgage Com nit. rant D ate:. / t 1 . sUpon rem iv ° €u a Ino��xage eommiunen <�, Buyer Will Promptly deliver S copy ofthe co;ntuib to SelleL ". l'f S ll r do-'s r,.ot recaivc a eapy rofthc racxt•t€ra,go cornna€tinent(s) by 61C �4E 13!g - ge CamminT)ent Date, 'Se13t r tttu'y° terminate tsiis.A.gircement ily avrittere notice to Buyer, Sclic�'s right ter Terminate condoue'' witil Buyer delivct's a mortgage commitment to Scfler. until Stwllcr terrnlawvs this Amctncnt, Buyer is nbli�wamed fc?.aasVlce, a gored -i tith e';T'ara to obtain mot•tgagc ; irionein'g. 3. Sel lertra€y terminiitc this .A <, tnem by rt °rite€ xx rsaiicc to Buyer ithe€ ilw Nfoit,gage Ccarruniuncm Date, if .he.morcgage commitment a. Docs Cant satfi &y'the wra e`, o0arasoph 8(A), OR b, i„ arlm iv aw" Condition no sp't^eiried in this Agreement (e,g, the Payer mLim settle on anttilier pi�ope;rty, an apprai'saI statist. be receiver fly the Imidc4r. of the mortgage comaimne'm is riot valid fhroudi tae Settlement Datc) is ,not- stitisfied and /or removed in avritirag lyy, tltu n:cxztg7t , !t rldc Fvitk€itl _ ...._ DAYS af:mr the lvlortgasic t'ica:vxritnl: rte Date in. Paragraph £t(l (t), or any cxt nsiorr rllcreo €', rntl r ilartxa those cna:ditians :hat arc vustpillarily wrtri_t.acil nt or trear sectlemair, (tr .. ObtFa.tn i31� ia5;al` @rice '1�- i'l%i�]!:"Y! §rl,�- L'.tTi� %rdaikl }. 4. If this Ammm nt is terminated prrsuatit to Paragra hs li(.il)(2) or (,3), or the mortgage lona(s) is not obtained- for settlement, all deposit anat.ies will he teturixed to err wr' saceaxcfitig u� ti.e c4 rnx4 o` Parx:= raph 1'? ttx)ci this Agrcenrclat will be VOID, Buyer will be iwspousibie fbr any cosm itimir cd by Boyer tier any hisp-. red n or cea obtained ticcording to tine terms of this A grectnent, and any c'frss incurred by .Buyer ior: (1)'litle st arch, retie ixasu once zt rd. = "or 7axc ctaarai� ' li �i insurance, or array f 'ilia for' CataC,C.112ti€ nr ( 2) Fit od,iCfiurance, oat, lt)sirmuc hazard irtsairanLa, mitt €C. , arbsid etlee filaitU;3ISCC, ' j'fte 'oaacel- 14' t , Q rk pi tl Fees and cram? es paid in advance to mf- l nders'l, 13ttyer lulttnts: Fake Page 3 of 1 t Sulter,4xctitsct�:. t Revised 1, i Docu5ign Envelope ID: 1603AEC9- 1JCt:- 40FF- 88Ea6- 7445BEF0128B 244 ( Are you awar=_ of testing on the propeftyforany hazardous substances or environmcntai concerns? — Yes 245 (fm) Are you awara any other hazardous substances orenvironmental concerns thatrnight impactupon the propert3R 246 Yes t f 247 Explain any "yes ". answers imthis section: .248 25 S. CONDOMINIUMS AND OT14EP FICSMEOWMAASSSft T1'C7t�5 {GompEate arslyttapplirabEe} 252 Type. — Condom rniurn _Coop-- . osvne: i ssoc #a:fait Jr PJanned'u nimu;�i:y 253 '.Other: 754 tJotieeregardtngGandominiums, CopperativesrandPlannecContmunlEFes :nLuyerafo resole unftf trace~ rd6minium ,cooperative,orptanned, 255 communky must receive a copy af the decioratfor; father, than theptatsandplons l.Chety-!nws, the rules. or. equiations ,anaacertl8careafresa./cJssued 256 (ry the asarr_'iation in the c'ondomihl urn, cooperative, orp:arrned community, Buyrers may be responsible 3orcapita?conrributions, lnrliarton fees or, 257 sintll t3mefaestrradditiontoreguiarmor? thlymain tena, ncefees, TiebuyerV411hoveth reoptionafcarice ttng' thePgreementwithYhereturrr 258 de poft monfesunr iltheceWficaehas6eenpreaidadto the buyer and forfiuedaysrh ereorerarunt )l conveyance, whirhever comes hat, 259 19341Sk J.LA.I'JEDU$ ' 260 iat Ara yoe aurar� o,;*,� stY historic preservation restrlc i�ra ar:ardinanca orarcheo #ogica #: des# grfatian .assaciated.tn'st}a.t #ie.prope tp ?. _ . _ _ ., r . 261 _ Yes L .. __ : _ 2�w _ l�) �r�yo' �atvaTaafarayexist# n�; trrrlireaxeraed1d4a1aMt #on'�tti=eck#ng�th�•properryr? �°1`As;,..;, sa- � —.__.. ,�r .. _.�._.. 763 (c) Are you aware o€ any violations of federal, rate, orlocal laws or regulations retatingta th#s.property9 - ,- Yes s� �ivo 264 (d) Are you aware orany public Improvement condomiWum or homeowner association essessments against the property that remain unpaid 255 or ofsny violations afzonlnp, housinrgi, bulfding, safety or fire ordi .antes that remain uncorrected? •__ Yes �o 266 (e) Are yQu aware of any ;udgrnent, encumbrance, lien ifor example co -maker or equity overdue pa enton a su,pportabilgation, or 267 other debtapalrst3hb properry that canno*_b�satlsfied :.bythe pro ads o'fths.saie? __ Yes ���.4o . 258 M Are you aware of any reason, including a defer in title, that uvould ptevem you ;rOm yMMq a.warranty.deeci of conveyingsitle to the 269 property? •_ yes �o 270- (9) Ate you awareofany insf ranee ;dalmsf #ledtelatinrtothepropeay , Yes 1 .410 27 (h; Are you. aware o° raterial detects to the pmp2rty, dwelling, or f7ytures which ere not disclosed elsewhere on this form? 272 _ Yes L K0 1 273 A materlvl delec' is a problem wit# a, residential real pr ereny pone on of It that would' have 'a sigrOcatit adverse impact or. the 274 valueofthe property or that involvesen unreasonable riskjo people on the: p roperty. The fact that a structural elementrsystemor 285 subsystem is at or bEyon€i the and of the normal useful life ofsuch a structural or subsystem Is rior byftseif a material 27.6 defect. 277 Explaln any "yes° answers In this section 278 _ 279 The undersigned Scher rapresents that thzIrifoftattori set fort h.Inthis disclosure statement is accurate and tornpieteto'the best.of 280 Seiier' sknatoiadge..5 oiler her, obyt kith orixes the U stln9 Broke rtoprovidatbfs ' Info rmati ontoi 5rospeetivabuyersofthe- prdperW, 281 oib ar real estate license as.. SELIX RAEON11ISRESPONSIRLSFORTFicACCU RACY OF7HEINFOR114ATIONCON `t'<AINEDIN 282 T4155TATMI NT.Sell shati- cause'liiq tobanotified -ir writingoranyinformationsup plied , onihisformvrhich.isrendered 183 inaccurate by- achan 'nt7tecc i#zztn,o" e, ro. perty following completion *fthisJorm. ae5 Witness Seiler gate Seller " e _ -- 21i7 Witness Witness° _ Selie Date 259 EXECUTOR, Atli', INISTRATOP, TRUS`SEE.sIGNATURE BLOCK 290 Acc ordling. to the farovislarsof the Reelt FS' at^ 5eU VI:: isclasureiav, z, theunaersiLsnecfeaecurc ;,adrahissratarortrustee Esnotteuuftedto 247 ! Illl outa sellees propertyD #sclosot Statement,•'fhe executor, adr.ainistrator or trustee, rats t,.however, disclose* any known material f 292 ; defect(s) of the property. Date 243 ! _ _._ ....... 294 _ RECEIPT AND ACKWAILEDGEMtNT BY 8UYER 2 85 The undersigne .d6uyer acknowledges receipt of this. Disclosure statement. Buyer a6motvledggs that this Statement is: not a 296 warranty andthatrun less stated otherwise inthesacescontractr auyer ispurchasing this property hi Its present condfilon .ttis Buyer's responsibility to sa3isfyiti mse3forherseif the coed- Ionoftheproperty Buyer -may request that the propertybe 297 Inspected, . atSuyer` z. etpanseand byquaiified profession ais ,t l eterastinethe44 itiono stru�:tuveoritstornportants. 298 � � Sate 249 Witness Bayer _ Witness Buyer r _ .„ ..Date / 300 — 301 Witness _ Buyer ��� Date 102 13�n aranlfiaisc _'_ V"> oat :�. �� i ( r SFII 2lraspage'sof5 selierIhitials: 0. �, t,r Do-.wSign Envp0pe 0i 1603AEC9-106C-40FF-88E6-7445BE-FO128B SHS SHORT SALE ADDENDUM TO AGREEMENT OF SALE .hisfcfm recommended and ajDproved :ter, but i r Icced to use v,�, the remembers of the pert nsyilvQri ia jkssodat�bn of PeAL'f0R5* A PROPERTY 0 Souder Cowt�echanicsburq RA 17050 SELLER Fra�k and A.TyDro7co BUYER Dennis Couch and Leanne Sol DATE OF AU kFEMENT 1 ��3i201 1, Thiiffansact Jon i5 a DoTentia I Short Sa le, 2. A Short Sale is a transaction in vv h ich Seller's proceed are IesK than th a moL;nt k)ecegajNj to pray off liens secured 4y the property. Examples of such liens include, but are not limited to, nioitgage hOnle equity lines of crecdlit, tax t:Wrns, homeowner's association I ndorn V co inllurn r es, ood legaijudamcns. 1 The. Agrelementof Sale sefleroblaining 4pprovalloft[ie terms a,.)d conditions of the Agreementof5ale by each lender of othp-T ilen holdet beingaskt!j to accept a payoff less than t e full amount due VC, redito or(s)"). Buyer and 5elleracknowl edge that it may take an Pxtvnde d �r, le �toObt8inCredilWaPpov S about the response time of Creditors. i 4. Seller wild submitthe eyectited At . 4reerrientof Sale and all requited docurneritation (See Notice Reg ardi rig Seller Documentation) 1 toCreditorswithin 10 DAYS of 5, If CTedltOrS require a Chthge Ift *z terms or conditions reliting to the transadon as a condition of approving the Agreement of Sa je.5e ller will rornrnunicate these requirements to Buyer in writing within 5 DAYS of recei ving the requirements from Cr editors. - and Seller are not bcund byany changes proposed by Creditors unless buyer and Seller agree in writing to make red I rs. BUye� those changes. If either Buyer or Seller refuse to accept any charigesrequired by Creditors as cor�dit ors of araprovirtg the Agreement of S ale. Buyer or Seller ma term Oate the Aq rewne nt try written notice to t he other party, which a d e pDsit monies 2. returned to the Buyer accordin to the terns of th e Ag reement of Sale. 6. if 1� approval of the Agreement of Sale hasnot been receivpd by -- 2128/20 1 2 Buyer or Setter may terroinate the Agreement of $ale by w n ritte noric ot e to the er pany, wl deposit ,mon relurn(Ki to the Buyer according to the Terms of the Agmement of Sale. 1 T All other terms set forth in the Agreement of Sale, including Inspection and contingency periods and all other time periods, are as stated in the Agreement of SaJe, Buyer and Seller are adVisedta seek professional legaF and financial advice beftrernWing a Short Sale atfer, WITNESS BUYER DATE WITNESS BUYER DATE '.3 WITNE5S BUYER DATE 39 WITNESS _ DATE 12/10/2011 SELLERr 12/9/2011 -:0 WItNFSS SELLER JjKq 0,rbAlth DATE .. . .... .... I WITNESS SELLER DATE Pennsylvania As 0 of REACT RS �1 EXN�B�j "8.. Short Sale Approval Letter Bank 0 - fArnerica Notice Date: March 21, 2012 Rome Loans Account No.: xxxxx9648 xxxxx9656 AMY OROZCO Property Address: CT 8168 VIA BELLA NOTTE 6 SOLIDER MECHANICSB SBURG, PA ORLANDO, FL 32836 17050 IMPORTANT MESSAGE ABOUT THIS ACCOUNT This letter will serve as Bank of America, N.A.'s demand for payment and advises you that Bank of America, N.A. and /or its Investors and /or Insurers have agreed to accept a short payoff involving the above referenced property and the referenced account(s). This demand should be used by the closing agent as our formal demand statement. No additional statement will be issued. This approval is exclusive to the offer from the buyer referenced in this letter. WHAT THIS MEANS TO THE SELLER The owner of your mortgage note, the mortgage insurer, if your loan is covered by mortgage insurance, and Bank of America, N.A. waive their right to pursue collection of any deficiency following the completion of your short sale and your debt is considered settled. The deficiency is the difference between: (1) the remaining amount due under the mortgage note and mortgage or deed of trust; and, (2) the current market value of the property plus any cash contribution you make or amount you agree to repay in the future. The amount of the deficiency will be reported to the Internal Revenue Service (IRS) on the appropriate 1099 Form or Forms. We suggest that you contact the IRS or your tax preparer to determine if you have any tax liability. Bank of America, N.A. will report the debt to the credit reporting agencies as "paid in full for less than the full balance ". To learn more about the potential impact of a short sale on your credit, visit httr): / /www.ftc- oov /bco /edu /nubs /consumer /credit /cre24,shtm If it is subsequently determined that the approval of the short sale was based, in part, on information which Bank of America, N.A. later determined to be false or misrepresented or fraudulent, Bank of America, N.A. reserves the right to pursue the remaining balance of the note. The difference between the current amount due under your mortgage or deed of trust and the current market value of the Property must be reported to the Internal Revenue Service (IRS) on the appropriate 1099 Form or Forms. We suggest that you contact the IRS or your tax preparer to determine if you have any tax liability. The conditions of the approval are as follows: 1. Closing must take place no later than April 25, 2012 or this approval is void. If an extension is requested and /or approved, then per diem interest will be charged through closing. Should the closing be delayed and the Investor /Insurer agree to an extension of the original closing date, the Borrower(s) /Seller(s) will be responsible for any per diem fees through the new date(s) of closing, extension fees and foreclosure sale postponement fees. The Borrower(s) /Seller(s) will be responsible for any additional costs or fees over the stated approved amounts. 2. The approved buyer(s) is /are DENNIS COUCH & LEANNE BEIL and the sales price for the property is $400,000.00. 3. Another buyer cannot be substituted without the prior written approval of Bank of America, N.A.. 4. Closing costs have been negotiated and agreed upon with the authorized agent as of March 21, 2012 a. Total Closing Costs not to exceed $50,016.09 b. Maximum commission paid $24,000.00 c. Maximum allowed to the Jr. Lien Holder $6,000.00 d. Maximum allowed for HOA liens $150.00 (if applicable) e. Maximum allowed for repairs N/A (if applicable) f. Maximum allowed for termite inspection /repairs N/A (if applicable) Any additional fees that were not approved on March 21, 2012 will not be covered by Bank of America, N.A. and become the sole responsibility of the agent, the buyer or the seller to pay at closing. 5. Net proceeds to Bank of America, N.A. to be no less than 1st Lien Loan Number 2nd Lien Loan Number xxxxx9648 xxxxx9656 Bank of America, N.A. Proceeds from Sale $349,983.91 $6,000.00 Cash Contribution N/A N/A Promissory Note N/A N/A 6. The property is being sold in "AS IS" condition. No repairs will be made or be paid out of the proceeds, unless specifically stated otherwise. 7. As stated in #5, the Seller is to contribute $0.00, to assist in the closing of this transaction. This contribution will be in the form of: a. PROMISSORY NOTE(s) (Signed, notarized and returned at closing): 1st Lien Loan Number 2nd Lien Loan Number xxxxx9648 xxxxx9656 Promissory Note N/A N/A If a promissory note(s) is required, it must be signed and uploaded to the Short Sale System prior to the close of escrow. It is the responsibility of the closing agent to ensure that the executed and notarized promissory note is returned to Bank of America, N.A. If a promissory note(s) has already been signed and agreed to between the seller, investor and the Mortgage Insurance Company, a signed certified copy must be provided to Bank of America, N.A. at the close of the short sale transaction. It is the responsibility of the closing agent to ensure that Bank of America, N.A. receives the copy. * ** Sales proceeds will be returned if the note has not been received. This will result in a delay of the transaction and /or possible cancellation of this short sale transaction. * ** b. CERTIFIED FUNDS CONTRIBUTION (Due at closing): 1st Lien Loan Number 2nd Lien Loan Number xxxxx9648 xxxxx9656 Cash Contribution N/A N/A 8. The sellers will not receive any proceeds from this short sale transaction. If there are any remaining escrow funds or refunds, it will not be returned to the seller; it will be sent to Bank of America, N.A. to offset the loss. 9. Completed Assignment of Unearned premium is to be uploaded to the Short Sale System along with the final Settlement Statement. 10. There are to be no transfers of property within 30 days of the closing of this transaction. 11. The property must be free and clear of liens and encumbrances other than those recognized and accounted for in the HUD -1 approval, on which this approval is based. 12. Bank of America, N.A. does not charge the borrower for statement, demand, recording, and reconveyance fees on short payoff transactions. Do not include them in your settlement statement. Bank of America, N.A. prepares and records its own reconveyances. 13. All funds must be wired. Any other form of payment of funds will be returned. Payoff funds must be received within 48 business hours of the HUD -1 settlement date. 14. If the terms and conditions of the short sale approval are not met, we will cancel the approval of this offer and continue the foreclosure process as permitted by the mortgage documents. If the seller is entitled to receive any proceeds based on a claim for damage to the property under any policy of insurance, including homeowner's, lender - placed, casualty, fire, flood, etc., or if seller is entitled to receive other miscellaneous proceeds, as that term is defined in the deed of trust/mortgage (which could include Community Development Block Grant Program (CDBG) funds), these proceeds must be disclosed before we will consider the request for short sale. If we receive a check for insurance or miscellaneous proceeds that were not previously disclosed, Bank of America, N.A. will have the right to keep the proceeds and apply them to Bank of America, N.A.'s loss after the short sale. We similarly would have the right to claim the proceeds to offset our losses if it were not previously disclosed and it was sent directly to the borrower. Bank of America, N.A. reserves the right to revoke and / or modify the terms and conditions of this short sale approval in the event that 1) any information provided and used as the basis for our approval changes and / or 2) if we discover any evidence of fraud and / or misrepresentation by any parties involved in the transaction. Bank of America, N.A. WHAT YOU NEED TO DO * * * * * * * * * * * * * * * * * ** IMPORTANT INSTRUCTIONS * * * * * * * * * * * * * * * * * * * ** The closing agent must upload a certified copy of the final estimated Settlement Statement to the Short Sale System 72 hours prior to Closing. You cannot close without final approval of the closing costs. Payoff funds must be wired unless otherwise specified to: Bank of America, N.A. 275 Valencia Avenue Brea, CA 92823 MRC Acct # 12357 -47067 ABA 026- 009 -593 Reference loan# xxxxx9648 xxxxx9656 AMY OROZCO WIRES MUST CONTAIN THE LOAN NUMBER, BORROWER'S NAME AND PROPERTY ADDRESS. IF WE CANNOT IDENTIFY THE FUNDS, THEY WILL BE RETURNED. ** *A certified copy of the Final Settlement Statement must be uploaded to the Short Sale System at the time of closing. Upon receipt of the above stated items, Bank of America, N.A. will issue a release of lien on its mortgage loan. Bank of America, N.A. appreciates all your efforts and cooperation in this matter. If you feel there is additional information you would like to provide, or if you need additional information, please contact us at 1.866.880.1232. Please continue to work closely with your real estate agent to finalize your short sale. Merry Carr 1.800.669.6650. Home Loan Team Bank of America, N.A. Bank of America, N.A. is required by law to inform you that this communication is from a debt collector. However, the purpose of this communication is to let you know about your potential eligibility for this program to help you avoid foreclosure. Borrower Printed Name Co- Borrower Printed Name Borrower Signature Co- Borrower Signature Date Date Bank of America, N.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith *ta Chief Deputy .. .u Richard W Stewart Solicitor ICc P E g:E„0,1,L..`e' Dennis Couch vs. Case Number Coldwell Banker(et al.) 2013-6236 SHERIFF'S RETURN OF SERVICE 10/24/2013 02:49 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Linda Melham -Manager, Associate Broker, who accepted as"Adult Person in Charge"for Coldwe anker at 4075 Mar Wt Street, Hampden Township, Camp Hill, PA 17011. BRIAN GRZYB KI, D TY 10/24/2013 02:49 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Linda Melham, Manager, who accepted as"Adult Person in Charge"for Stephen Bickford at 4075 arket Street, Hampden Township, Camp Hill, PA 17011. 11-31 IAN GRZYBOS SHERIFF COST: $60.95 SO ANSWERS, 4z October 25, 2013 RbNW R ANDERSON, SHERIFF ci Ccw^iv Su;e;4hurif.Tc=use'= :...,. James L. Goldsmith, Esquire r j'17 0 f- CHO,TA a Attorney I.D. #27115 2013 OCT 30 Peter M. Good, Esquire Attorney I.D. #64316 CL's BERLAM) COUNTY CALDWELL&KEARNS,P.C. PENNSYLVANIA 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 / (717) 232-2766 (Fax) jgoldsmith@CKLegal.net pgood @CKLegal.net Attorneys for Defendants DENNIS COUCH : IN THE COURT OF COMMON PLEAS and LEANNE BEIL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. CV-13-2088 J j W3(o V. 6236 CIVIL ACTION- LAW COLDWELL BANKER SELECT PROFESSIONALS and STEPHEN BICKFORD, Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendants Coldwell Banker Select Professionals and Stephen Bickford in the above-captioned matter. Respectfully submitted, CALDWELL &KEARNS Date: October 29, 2013 By: Ja es L. Gol ith Esquire torney I. . #271 5 631 No Street Harrisburg, PA 17110 (717) 232-7661 / (717) 232-2766 (Fax) jgoldsmith@CKLegal.net Attorneys for Defendants 1 CERTIFICATE OF SERVICE AND NOW, this 29th October of April 2013, I hereby certify that I have served a copy of the Praecipe for Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David J. Lanza, Esq. 2132 Market Street Camp Hill, PA 17011 Counsel for Plaintiffs CALDWELL & KEARNS By: 05265-013/208306 2 r James L. Goldsmith, Esquire Attorney I.D. #27115 Peter M. Good, Esquire r,Ae- r 4 Attorney I.D. #64316 1 ;y � ,,i i; 1 l ;rJ LV� l CALDWELL BL KEARNS,P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 / (717) 232-2766 (Fax) jgoldsmith @CKLegal.net pgood @CKLegal.net Attorneys for Defendants DENNIS COUCH : IN THE COURT OF COMMON PLEAS and LEANNE BEIL, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs, NO. CV-13-2088 V. 6236 CIVIL ACTION - LAW COLDWELL BANKER SELECT PROFESSIONALS and STEPHEN BICKFORD, Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: David J. Lanza, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiffs You are hereby advised to file a written response to the enclosed Defendant's Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof, or judgment may be entered against you. CALDW Date: November d- Y� U 2013 B ' Peter M. Good, Esqui e I.D. #64316 James L. Goldsmith, Esquire I.D. #27115 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendants James L. Goldsmith, Esquire Attorney I.D. #27115 Peter M. Good, Esquire Attorney I.D. #64316 CALDWELL&KEARNS,P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 /(717) 232-2766 (Fax) jgoldsmith@CKLegal.net pgood @CKLegal.net Attorneys for Defendants DENNIS COUCH : IN THE COURT OF COMMON PLEAS and LEANNE BEIL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. CV-13-2088 V. 6236 CIVIL ACTION -LAW COLDWELL BANKER SELECT PROFESSIONALS and STEPHEN BICKFORD, Defendants. JURY TRIAL DEMANDED DEFENDANTS COLDWELL BANKER SELECT PROFESSIONALS AND STEPHEN BICKFORD'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW comes Defendants, Coldwell Banker Select Professionals and Stephen Bickford, by and through their attorneys, Caldwell & Kearns, P.C., to file the within Preliminary Objections to Plaintiffs' Complaint and in support thereof, aver as follows: 1. Plaintiffs Dennis Couch and Leanne Beil (hereinafter"Plaintiffs") initiated this action by filing a Complaint against Defendants Coldwell Banker Select Professionals and Stephen Bickford (hereinafter "Defendants") on or about October 22, 2013. 2. This action arises out of a contract for the sale of a home located at 6 Souder Court, Silver Spring Township, Pennsylvania, 17050 (hereinafter the "Property"). Plaintiffs' Complaint at¶4. 3. On or about June 12, 2011, the Defendants entered into a Listing Agreement with the seller of the Property. The seller of the property was listed as Amy L. Orozco. 4. The Listing Agreement ran from a period of June 20, 2011 until December 31, 2011. 5. On or about December 3, 2011, the Plaintiffs entered into a Standard Agreement for the Sale of Real Estate (hereinafter"Plaintiffs' Agreement of Sale") with the sellers, Amy and Frank Orozco. The purchase price of the Property was $375,000.00. Plaintiffs' Complaint at ¶4 and Ex. A. 6. Plaintiffs' Agreement of Sale called for a settlement date of January 18, 2012. Plaintiffs' Complaint at Ex. A. 7. Because this was a short sale, the sellers needed the approval of the bank to close on the Property. Plaintiffs' Complaint at Ex. A. 8. At all times relevant hereto, the Defendants were the sole and exclusive agent of the seller and owed all fiduciary duties to the sellers and not to Plaintiffs. 9. On or about December 9, 2011, a third party, Earnest and Tina Martinez submitted a contract(hereinafter the "Martinez Contract") for the purchase of the Property. The purchase price of the Property contained in the Martinez Contract was $400,000.00. 10. The Defendants presented Plaintiffs' Agreement of Sale and the Martinez Contract to the sellers and to the bank. 11. Prior to the bank accepting either Plaintiffs' Agreement of Sale or the Martinez Contract, the sellers entered into a Lease Agreement with the Martiners to allow them to move into the Property. 12. Defendants believed that because the Property had been vacant for over a year it 2 would serve the best interests of the sellers to allow the Martiners to occupy and maintain the Property. 13. The Plaintiffs agreed to an addendum to Plaintiffs' Agreement of Sale to increase the purchase price from $375,000.00 to $400,000.00. 14. On or about March 21, 2012, the short sale was approved by the bank for the Plaintiffs to purchase and close on the Property. However, prior to settlement occurring, the sellers declared bankruptcy and thus the Plaintiffs were unable to close on the Property. 15. At no time did the Defendants take any action to delay or prevent the Plaintiffs from closing on the Property. I. Preliminary Objection—Pursuant to Pa.R.Civ.Pro. 1028 (a)(5)—Non-Joinder of a Necessary Party 16. Defendants hereby incorporate by reference Paragraphs 1 through 15 of these Preliminary Objections as if fully set forth herein. 17. Pennsylvania Rule of Civil Procedure 1028 (a)(5) allows a party to file a Preliminary Objection for Non-Joinder of a Necessary Party. 18. Plaintiffs have filed this action against the Defendants who are the real estate brokerage firm and the realtor representing the sellers in this transaction. 19. Plaintiffs have failed to join the sellers of the property, Amy Orozco and Frank Orozco in this action. 20. As the owners/sellers of the property in question, Amy and Frank Orozco are indispensable to the resolution of this dispute. 21. As a result, Plaintiffs claims against the Defendants should be dismissed for failure to join an indispensable party. 3 WHEREFORE, Defendants Coldwell Banker Select Professionals and Stephen Bickford respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. II. Preliminary Objection for Legal Insufficiency Pursuant to Pa.R.Civ.Pro. 1028(a)(4) —Failure to State a Cause of Action (Demurer) 22. Defendants hereby incorporate by reference Paragraphs 1 through 21 of these Preliminary Objections as if fully set forth herein. 23. Plaintiffs have failed to set forth any of the necessary elements of their causes of action and have simply set forth conclusory paragraphs regarding various theories of recovery sounding in what appears to be contract, negligence and fraud. See Paragraphs 26 through 30 of the Plaintiffs' Complaint. 24. Therefore, Plaintiffs' claims are legally insufficient and should be dismissed because they failed to state a cause of action against the Defendants. WHEREFORE, Defendants Coldwell Banker Select Professionals and Stephen Bickford respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. III. Preliminary Objection to Plaintiffs' Claims for Punitive Damages—Pursuant to Pa.R.Civ.Pro. 1028 (a)(4)—Failure to State an Action (Demurer) 25. Defendants hereby incorporate by reference Paragraphs 1 through 24 of these Preliminary Objections as if fully set forth herein. 26. The ad damnum clause of Plaintiffs' Complaint contains a request for punitive damages against Defendants. 27. "Punitive damages may be awarded for conduct that is outrageous because of the defendant's evil motive or his reckless indifference to the rights of others". Hutchinson v. Luddy, 4 870 A.2d 766, 770 (Pa. 2005) (quoting Feld v. Merriam, 485 A.2d 742, 747 (Pa. 1984)). 28. "Punitive damages are penal in nature and are properly plead only in cases where the defendant's actions are so outrageous as to demonstrate willful, wanton, or reckless conduct". Id. 29. "The purpose of damages is to punish a tortfeasor for outrageous conduct and to deter him or others like him from similar conduct". Id. (citing Kirkbride v. Lisbon Contractors, Inc., 555 A.2d 800, 803 (Pa. 1989)). 30. Plaintiffs have failed to allege any conduct that is sufficient to warrant an award of punitive damages in this case. 31. In addition, punitive damages are not recoverable in a claim for a breach of contract case. See Hart v. Arnold, 884 A.2d 316, 341 (Pa. Super. Ct. 2005) (citing Baker v. Pennsylvania Nat'l Mutual Casualty Ins. Co., 536 A.2d 1357 (Pa. Super. Ct. 1988)). 32. As a result, Plaintiffs' claim for punitive damages is legally insufficient and should be dismissed because they failed to state a cause of action against Defendants. WHEREFORE, Defendants Coldwell Banker Select Professionals and Stephen Bickford respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. IV. Preliminary Objection for Legal Insufficiency Pursuant to Pa.R.Civ.Pro 1028 (a)(4) —Failure to State a Claim (Demurer) for Fraud 33. Defendants hereby incorporate by reference Paragraphs 1 through 32 of these Preliminary Objections as if fully set forth herein. 34. In Paragraph 29 of their Complaint, Plaintiffs state that Defendants' actions constitute fraudulent misrepresentation. 5 35. Fraud must be averred by the following elements: 1) a misrepresentation; 2) a fraudulent utterance of it; 3) the makers intent of the recipient be induced there by to act; 4)the recipients justifiable reliance on the misrepresentation; and 5) damages to the recipient approximately caused. 36. Allegations of fraud require pleading with particularity. Pa. R. Civ. Pro. 1019(b). 37. Accordingly a simple statement that Defendants' actions constitute fraudulent misrepresentation is legally insufficient and Plaintiffs' claim for fraudulent misrepresentation should be dismissed because Plaintiffs failed to state a cause of action against Defendants. WHEREFORE, Defendants Coldwell Banker Select Professionals and Stephen Bickford respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. Respectfully submitted, CALDWELL & KEARNS Date: November ;y2013 By: k4" 4 Peter M. Good, Esquik I.D. #64316 James L. Goldsmith, Esquire I.D. #27115 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendants 6 dotloop signature verification: VERIFICATION I, Stephen Bickford, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. dodoop verified 112211312:47PM EST ivc�v 1 EUS-jQ51-BW 54-OE9T Date: f L 3 Stephen Bickford VERIFICATION I, Ryan Hess, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: � ZZ 13 /WOffi do oop ve2:09 O 11/22/1312:09PM EST MASK-USVUGTSG-EZKT Ryan Hess, on behalf of Coldwell Banker Select Professionals CERTIFICATE OF SERVICE AND NOW, this a��November, 2013, I hereby certify that I have served a copy of the Praecipe for Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David J. Lanza, Esq. 2132 Market Street Camp Hill, PA 17011 Counsel for Plaintiffs CALDWELL & KEARNS By: 05265-013/208989