HomeMy WebLinkAbout14-2310 o� +d is P ►' .
James A Miller, Esquire P NN5
MILLER LIPSITT LLC t/�4,
6 S 17 Street
Camp Hill, PA 17011
717.737.6400 t; 717.737.5355 f
jamesQpaatlaw.com
Attorney for Plaintiff - PA ID 61352
Loretta A Ferster, In the Court of Common Pleas
Plaintiff Cumberland County, PenD -syly is
No. ► a3 b U6V t
Joseph A Stouffer
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, a copy of which is
attached to the Complaint filed in this action, I appear for Defendant and confess judgment in
favor of the Plaintiff and against the Defendant as follows:
DEFENDANT JOSEPH A STOUFFER
Principal Balance: $142,405.07
Interest through March 28, 2014 $1,127.79
Late Fees through March 28, 2014 $118.80
Attorneys' Fees $10,055.62
(all principal and interest and all other sums
then due pursuant to the terms of the said
Installment Sales Agreement and Documents
and for costs of suit and reasonable attorney's
commission of seven (7 %) percent)
TOTAL $153,707.28 plus all amounts advanced by
Plaintiff in collection of the debt pursuant to the terms of the Installment Loan Agreement and
Documents, along with all reasonable attorneys' fees, monthly late charges, and interest at the
accelerated Interest as set forth in said documents, from March 28, 2014.
A -I.suV
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Date:. lS�
RESPECTFULLY SUBMITTED,
mes A Mill, Esquire
MILLER L1.PSITT LLC
6 S Street
amp Hill PA 17011
717.737.6400
James @paatlaw.com
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James A Miller, Esquire• r•;, r ti
MILLER LIPSITT LLC
6 S 17` Street
Camp Hill, PA 17011
717.737.6400 t; 717.737.5355 f
james@paatlaw.com
Attorney for Plaintiff - PA ID 61352
Loretta A Ferster, In the Court of Common Pleas
Plaintiff Cumberland County, Pee n Ivania
No. it
V
Joseph A Stouffer
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
Plaintiff, Loretta A Ferster, files this complaint pursuant to Pa. R.C.P. 2951(a) for
judgment by confession and in support thereof avers the following:
1 Plaintiff, Loretta A Ferster ( "Plaintiff') is an adult individual with an address of 190
4 Street, Bonita Springs, Florida 34134.
2 Defendant, Joseph A Stouffer ( "Defendant ") is an adult individual with an address of
523 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043.
3 On or about August 2, 2012, Plaintiff extended to Defendant a loan in the amount of
$175,000.00 ( "Loan ").
4 To evidence his indebtedness under the Loan, Defendant contemporaneously
executed and delivered to Plaintiff an Installment Loan Agreement and Guaranty
both of which are dated August 2, 2012 ( "ISA "). The ORIGINAL ISA and
ORIGINAL Guaranty which authorize judgment by confession are attached hereto as
Exhibit "A."
s
5 Contrary to the terms and provisions of the ISA, Defendant has failed to make
payments including but not limited to insurance and taxes when due on the Loan.
6 Defendant's failure to make payments when due constitutes a default under the terms
of the ISA.
7 Under the terms of the ISA, Plaintiff presently possesses the right to demand
payment by Defendant on all amounts due on the ISA.
8 Under the terms of the ISA, due to Defendant's default, Plaintiff is also entitled to
attorneys' fees equal to seven (7 %) percent of the outstanding principal balance and
interest.
9 As a result of the default on the Loan, the following amounts are due to Plaintiff:
Principal Balance: $142,405.07
Interest through March 28, 2014 $1,127.79
Late Fees through March 28, 2014 $118.80
Attorneys' Fees $10,055.62
(all principal and interest and
all other sums then due
pursuant to the terms of the
said Installment Sales
Agreement and Documents
and for costs of suit and
reasonable attorney's
commission of seven (7 %)
percent)
TOTAL $153,707.28 plus all amounts
advanced by Plaintiff in collection of the debt pursuant to the terms of the
Installment Loan Agreement and Documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest as set forth in
said documents, from March 28, 2014.
10 Plaintiff has demanded payment from Defendant and Defendant has been notified of
his default pursuant to the ISA.
11 Despite Plaintiff's demands, Defendant has failed to pay the indebtedness owed to
Plaintiff under the ISA.
12 The judgment sought herein is not against a natural person in connection with a
consumer credit transaction.
13 The ISA has not been assigned.
14 Judgment has not been entered in any jurisdiction on the ISA authorizing confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clauses contained in
the ISA/Guaranty requests judgment to be entered against Defendant in the sum of $153,707.28
plus any additional interest, attorneys' fees and costs authorized by the warrant of attorney.
RESPECTFULLY SUBMITTED,
James A Mi , Esquire
MIL IPSITT LLC
S 17 Street
Camp Hill PA 17011
717.737.6400
James @paatlaw.com
C7 ,
Loretta A Ferster, In the Court of Common Pleas
Plaintiff Cumberland County, Pennsylvania
No.
V
Joseph A Stouffer :
VERIFICATION
I verify that the statements made in the attached Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
�
Date:
2,01
Loretta A Ferster
J '
7
! ' f
INSTALLMENT SALES AGREEMENT
REAL PROPERTY: 503 EAST EMAUS STREET, MIDDLETOWN, DAUPHIN COUNTY,
PENNSYLVANIA
BUSINESS ASSETS: CONE A CABANA CORP ASSETS
SELLER: LORETTA A FERSTER, AN ADULT INDIVIDUAL AND CONE A
CABANA CORP, A PENNSYLVANIA CORPORATION
BUYER:JOSEPH A STOUFFER, AN ADULT INDIVIDUAL and JAS Realty Group LLC and Cone a
Cafe, LLC
PURCHASE PRICE: $175,000.00; 5%, YR AMORTIZATION• 5 YR BALLOON
THIS AGREEMENT, is made and entered into this �/ day of , 2012, by
and between Loretta A Ferster, an adult individual and Cone A Cabana Corp, a Pennsylvania
Corporation, hereinafter collectively referred to herein and throughout as "Seller"
AND
Joseph A Stouffer, an adult individual, doing business as JAS Realty Group, LLC and Cone
a Cafe, LLC, jointly and severally, with a business office located at 523 Warren Street, Lemoyne,
PA 17043 -2037, hereinafter collectively referred to herein and throughout as 'Buyer ".
WITNESSETH:
Seller and Buyer for and in consideration of the covenants and agreements hereinafter set
forth, intending to be legally bound, promise, declare and agree subject to the terms and conditions
as follows:
I. Property Conveyed.
a. REAL PROPERTY Seller hereby agrees to sell to Buyer and Buyer agrees
to purchase from Seller the real property known as 503 East Emaus Street, k
Middletown, Dauphin County, Pennsylvania, 17057, parcel number 41 -015 -036,
and more particularly described as:
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Middletown,
Dauphin County, Pennsylvania, erroneously described as a leasehold estate in the prior }
Deed, bounded and described as follows, to wit:
BEGINNING at a point, being an iron pin, at the northeast corner of the intersection of
Rupp Street and Emaus Street; thence along the eastern side of Rupp Street North 9
degrees 49 minutes East, a distance of 61.50 feet to a stake; thence along lands now or
formerly of Donna Wenrich, South 80 degrees 11 minutes East a distance of 106 feet to a
stake; thence along the line of Lot No. 25 on the Plan of lots hereinafter mentioned South
9 degrees 49 minutes West, a distance of 62.10 feet to a point in the northern line of
Page 1 of 19
ISA — Ferster /Stouffer Cone A Cabana
f
}
"EXHIBIT All
INSTALLMENT SALES AGREEMENT
REAL PROPERTY: 503 EAST EMAUS STREET, MIDDLETOWN, DAUPHIN COUNTY,
PENNSYLVANIA
BUSINESS ASSETS: CONE A CABANA CORP ASSETS
SELLER: LORETTA A FERSTER, AN ADULT INDIVIDUAL AND CONE A
CABANA CORP, A PENNSYLVANIA CORPORATION
BUYER:JOSEPH A STOUFFER, AN ADULT INDIVIDUAL and JAS Realty Group LLC and Cone a
Cafe, LLC
PURCHASE PRICE: $175,000.00; 5%,20 YR AMORTIZATION; 5 YR BALLOON
THIS AGREEMENT, is made and entered into this Ilk day of 6 � � , 2012, by
and between Loretta A Ferster, an adult individual and Cone A Cabana Corp, a Pennsylvania
Corporation, hereinafter collectively referred to herein and throughout as "Seller"
AND
Joseph A Stouffer, an adult individual, doing business as JAS Realty Group, LLC and Cone
a Cafe, LLC, jointly and severally, with a business office located at 523 Warren Street, Lemoyne,
PA 17043 -2037, hereinafter collectively referred to herein and throughout as 'Buyer ".
WITNESSETH:
Seller and Buyer for and in consideration of the covenants and agreements hereinafter set
forth, intending to be legally bound, promise, declare and agree subject to the terms and conditions
as follows:
1. Property Conveyed.
a. REAL PROPERTY Seller hereby agrees to sell to Buyer and Buyer agrees
to purchase from Seller the real property known as 503 East Emaus Street,
Middletown, Dauphin County, Pennsylvania, 17057, parcel number 41- 015 -036,
and more particularly described as:
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Middletown,
Dauphin County, Pennsylvania, erroneously described as a leasehold estate in the prior
Deed, bounded and described as follows, to wit:
BEGINNING at a point, being an iron pin, at the northeast corner of the intersection of
Rupp Street and Emaus Street; thence along the eastern side of Rupp Street North 9
degrees 49 minutes East, a distance of 61.50 feet to a stake; thence along lands now or
formerly of Donna Wenrich, South 80 degrees 11 minutes East a distance of 106 feet to a
stake; thence along the line of Lot No. 25 on the Plan of lots hereinafter mentioned South
9 degrees 49 minutes West, a distance of 62.10 feet to a point in the northern line of
Page 1 of 19
ISA - Ferster /Stouffer Cone A Cabana
Emaus Street; thence along the northern line of Emaus Street, North 80 degrees West a
distance of 106 feet to an iron pin, being the point of BEGINNING.
b. TANGIBLE AND INTANGIBLE BUSINESS ASSETS Seller hereby
agrees to sell to Buyer and Buyer agrees to purchase from Seller all of the assets
of Cone A Cabana Corp, as further described on attached Exhibit B, including
the equipment, fixtures, inventory, telephone numbers, facsimile numbers,
website(s), certificate of occupancies, licenses, permits, orders, registrations,
certificates or approvals of any governmental authority (the "Permits ") held by
or on behalf of the Seller and now used by the Seller or required for the
operation for the restaurant to the extent of Buyer's willingness to assume the
Permits, goodwill, going concern value, supplies, and trade name "Cone A
Cabana" (the "Goodwill ") associated with and used in conjunction with the
operation of a restaurant business located at 503 East Emaus Street,
Middletown, Dauphin County, Pennsylvania.
2. Purchase Price. The entire purchase price for the real property and the business
assets shall be the sum of One Hundred Seventy Five Thousand ($175,000.00)
Dollars and no cents. Buyer shall deliver at First Settlement a nonrefundable
payment of Twenty Five Thousand ($25,000.00) Dollars and no cents to Seller.
Seller shall extend the balance of the purchase price to Buyer with financing terms
as follows: interest shall be charged thereon at the rate of Five (5 %) percent per
annum amortized over twenty (20) years payable by Buyer to Seller in monthly
payments of Nine Hundred Eighty Nine Dollars ($989.93) Ninety Three cents with
the first of such payments due on May 1, 2012, and on the I" day of each month
thereafter until April 30, 2017, at which time the total remaining principal and
accrued interest shall be due and payable in full (the "Maturity Date ").
Seller agrees that Buyer's first installment due under this Agreement on May 1,
2012, shall be paid in the amount of $495.00 and the balance of $494.93 shall be
paid on June 1, 2012, without penalty in order to provide Buyer with an opening
cushion.
The purchase price shall be allocated with the real property sales price being
$125,000.00and the asset price being $50,000.00. Further, the purchase price for
the assets shall be further allocated with the hard assets valued at $40,000.00, and
Goodwill valued at $10,000.00.
Attached hereto as Exhibit A is the amortization schedule reflecting the foregoing
terms and following schedule:
Loan principal amount $150,000.00
Annual interest rate 5.000%
Amortization period in years 20
Years until balloon payment 5
Page 2 of 19
ISA — Ferster /Stouffer Cone A Cabana
Monthly payment $989.93
Total monthly payments $59,395.80
Total amount Paid $184,577.64
Total interest $34,577.64
Balloon payment $125,182.29
3. Late Charge. Any installment payment or other charge not paid within fifteen (15)
days of the due date shall be subject to a six (6 %) percent late charge, and not as a
penalty.
4. First and Final Settlement.
a. First Settlement First Settlement shall be April 2, 2012 and held at the offices
of Robert A Quigley, Esquire, 1553 Bridge St, New Cumberland, PA 17070, at
which time possession of the Property shall be delivered to Buyer, provided
Buyer has complied with the terms and conditions of this Agreement.
b. Escrow At the time of First Settlement, an executed deed conveying the
Property to Buyer shall be held in escrow by Seller's attorney, James A Miller,
Esquire, 4 South 17� Street, Camp Hill, PA 17011. An executed quitclaim deed
shall be held in escrow by Buyer's attorney, Robert A Quigley, Esquire, 1553
Bridge St, New Cumberland, PA 17070.
c. Final Settlement Final Settlement shall be made on or before April 30, 2017.
Upon payment in full of the purchase price to include and, not be limited to,
accrued interest, late fees, costs and /or expenses together with any other charges
under this Agreement, Seller will deliver to Buyer the special warranty deed.
Seller and Buyer shall also execute and file any documentation necessary to
effectuate the transfer of the business assets including but not limited to Bills of
Sale. Each party shall be solely responsible for their separate and respective tax
consequences, if any, associated with such transfers.
5. Real Estate Transfer Taxes. At Final Settlement (as described above) or
pursuant to paragraph 26 hereunder, all real estate transfer taxes shall be paid
one -half by the Seller and one -half by the Buyer. In the event that the taxable
event to Seller at the time of the Final Settlement equals more than one (1 %)
percent of the purchase price of the real estate at the. time of execution hereof,
then in addition to Buyer paying Buyer's portion of the transfer taxes, Buyer shall
also pay the difference between the one (1 %) percent of the purchase price at the
time of execution hereof and the amount that Seller is required to pay at the time
of Final Settlement.
Page 3 of 19
ISA — Ferster /Stouffer Cone A Cabana
6. Real Estate Taxes. Seller shall have paid current all real estate taxes at the time
of First Settlement. Thereafter, Buyer agrees to pay and keep current the real
estate taxes during the term hereof. Seller shall provide Buyer with the. annual
county real estate tax bill and the annual school real estate tax bill upon Seller's
receipt. Buyer shall thereafter pay each tax bill. Failure of Buyer to pay these
taxes in accordance herewith shall be considered a default hereunder by Buyer.
Buyer shall also be in default hereunder if said taxes are not paid at the expiration
of the calendar year for which said taxes are due.
7. Insurance. Buyer shall maintain full fire, liability and extended coverage on the
Property together with the improvements thereon in an amount sufficient to protect
Seller to the extent of Seller's unpaid interest in the real property and business
assets. The insurance policy shall name Seller as an additional insured and a copy
shall be provided to Seller without charge each and every year at the time of Buyer's
renewal. Seller's requirements hereunder may vary and change depending upon
Seller's own casualty insurance provider's requirements. Seller shall notify Buyer
of such changes if any and Buyer shall comply with such notifications and
requirements within thirty (30) days of notification by Seller.
8. Casualty Proceeds. In the event the Property or any portion thereof is taken by or
under threat of the exercise of the power of eminent domain or in the event of
damage or destruction by fire or other casualty, whether insured or uninsured, this
Agreement shall continue in full force and effect. Buyer shall promptly repair or
restore any damage or destruction so as to restore the Property to the condition and
market value as it existed prior to such condemnation, damage or destruction.
Amounts payable in connection therewith shall be applied towards Buyer's cost of
repair and restoration. Any additional amounts required to complete such repair or
restoration shall be paid by Buyer. If the purchase price, interest and any additional
payments shall be paid in full, then any excess amounts shall be paid to Buyer.
9. Maintenance and Repair. Buyer shall, at Buyer's sole cost and expense, maintain
and keep the Property and all improvements as well as all business assets in good
and substantial repair. Buyer shall make no structural alterations without first
receiving the written consent of Seller, which shall not be unreasonably withheld.
Seller shall not be required to maintain, replace, repair or rebuild any part of the
Property herein conveyed. All maintenance and repair by Buyer shall be undertaken
and completed in a workmanlike manner and in compliance with all rules,
regulations, laws, ordinances, statutes and requirements of all governmental bodies
and agencies.
Buyer shall keep and hold Seller safe and harmless from any and all claims for work
and labor done or materials furnished in connection with any maintenance and
repairs thereto. Prior to any work being performed on the real property, Buyer shall
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ISA - Ferster /Stouffer Cone A Cabana
have properly executed and filed the appropriate mechanic's lien documents so that
the Seller's interests herein are not compromised to any extent.
In the event Buyer shall fail or refuse to perform the obligations hereunder, Seller
may perform them and all costs and expenses thereof shall be paid by Buyer as
additional payments.
Buyer shall maintain the exterior of the property in good order including but not
limited to removing snow from the parking lot, clearing the sidewalks of snow and
debris, mowing the lawns, and trimming bushes, and proper lighting.
10. Right of Prepayment. Buyer shall have the right at anytime to prepay the balance
of the unpaid purchase price, together with all accrued interest and any other charges
under this Agreement, without penalty. Prior to the exercise of this right, Buyer
shall give to Seller at least thirty (30) days written notice whereupon Final
Settlement shall be held in accordance with Paragraph 4 hereof.
11. Additional Payments to be Paid by Buyer. All amounts which Buyer is required
to pay pursuant to this Agreement which are not classified as principal, interest, late
fees, or penalties of any nature, hereinafter "additional payments ", shall constitute
additional payments. If Buyer shall fail to pay any additional payments, Seller shall
have the right to pay the same and/or shall have all rights, powers and remedies with
respect thereto as are provided under this Agreement at Buyer's sole cost and
expense. Buyer shall pay the purchase price, interest, monthly payments and
additional payments when due, without notice or demand.
12. Seller Representations: Seller unconditionally represents warrants and
covenants as follows:
(a) That Seller has full power and authority to enter into this Agreement
and to carry out its undertakings hereunder.
(b) That Seller is the owner of and has good, marketable and insurable
title to the real estate and to all the assets specifically enumerated in the
attached exhibits, free from all encumbrances excepting a line of credit
currently.
(c) That any and all papers required by this Agreement will be delivered at
the time of the Settlement.
(d) That no judgments or liens will be outstanding at the time of
Settlement, against the Seller or against the business.
(e) That there is no litigation, suit or governmental proceedings pending or
threatened against Seller, which might affect her business.
(f) That to Seller's knowledge, Seller has complied with the laws, rules
and regulations of local, state and federal governments.
Page 5 of 19
ISA - Ferster /Stouffer Cone A Cabana
(g) That Seller has paid (or will pay at First Settlement or within thirty
(30) days thereafter) Social Security, Withholding, Sales and Unemployment
Insurance Taxes and all other taxes required of Seller to the appropriate
government agencies to date and will pay the same with respect to all business
transacted through the time of First Settlement as hereinafter provided. -
(h) That Seller has entered into no contract to sell the business or any portion
thereof (including real estate) to anyone else.
(i) To the best of Seller's knowledge, information and belief, the assets
constituting the business are in good condition and working order and adequate and
sufficient for the operation of the business as presently being conducted.
0) The Bill of Sale and instruments of assignment to be delivered at the Final
Settlement will transfer all right, title and interest of Seller of all assets enumerated in
the attached exhibits, free of all encumbrances, and will contain the usual warranties
of title.
13. Buyer's Representations and Warranties As an inducement to Seller to enter
into this Agreement and to consummate the transactions contemplated hereby,
Buyer represents and warrants to Seller, that each of the following representations
and warranties is true and correct as of the date hereof and as of the Closing Date:
a. Organization; Good Standing; Power Buyer is (i) duly organized,
validly existing, and in good standing under the laws of the Commonwealth of
Pennsylvania as a limited liability company, and (ii) has full power and
authority to enter into this Agreement; and (iii) this Agreement is legally valid
and binding upon and enforceable against Seller in accordance with its terms;
and
b. Liti atg ion. There are no actions, suits or other legal proceedings or
investigations pending, proposed or threatened, against Buyer regarding the
right of Buyer to execute and perform this Agreement, or that will or might
have any effect upon the Purchased Assets or Buyer's ability to perform this
Agreement.
Except as otherwise provided for in this Agreement, the Buyer's representations
and warranties contained in this Section 13 are each accurate, true and correct as
of the date of this Agreement and shall be accurate, true and correct as of the
Closing and at all times between those two dates.
14. Good Title. At Final Settlement, Seller shall deliver to Buyer by special warranty
deed, good and marketable title which can be insured at standard rates by a reputable
title company authorized to do business in the Commonwealth of Pennsylvania, free
and clear of all liens and encumbrances, excepting, however, existing building
restrictions, ordinances, easements, deed restrictions, public utility easements and
Page 6 of 19
ISA - Ferster /Stouffer Cone A Cabana
other matters of record or visible by inspection. Buyer and Seller agree that neither
party shall mortgage or otherwise encumber the real property during the term of this
Agreement.
15. Zoning of Real Property. Buyer confirms that the real property is zoned R2-
Residential District in Middletown Borough and is a permitted existing use as an ice
cream shop /restaurant and has not relied upon any representation made by Seller
with regard to any aspect of zoning including use, parking and the like.
16. Public utilities. Seller warrants the real property is serviced by public water and
public sewer. Further, Seller warrants these systems are fully paid for and as of this
date and are in satisfactory operating condition. Upon execution hereof, Buyer shall
pay all public utilities associated with the real property and business assets including
the water and sewer charges.
17. Possession. Possession to be delivered at First Settlement together with all keys.
18. Right of Inspection. Buyer acknowledges that having had an opportunity to inspect
the Property, and having made a determination of the need for repairs, if any, Buyer
takes the subject Property in an "as is" condition. Buyer will accept at the Property
at First and Final Settlements in its "as is" condition. Buyer shall not seek from
Seller any concessions in pricing or payments hereunder at anytime during the term
hereof based upon the condition of the property hereby conveyed.
19. Indemnification. Seller, its agents, servants and employees, shall be held harmless
by Buyer from any liability for damages to any person or any property in or upon the
Property and the sidewalks and roadways adjoining the same, including the person
and Property of Buyer, Buyer's employees, agents, servants, and all persons at the
Property at Buyer's invitation.
20. Prorations. Real estate taxes, water and sewer rent and all other claims and charges
upon the Property shall be apportioned to the day of First Settlement based on the
appropriate fiscal or calendar year of the taxing authority. Seller shall pay all private
utilities up to the date of First Settlement and Buyer shall pay all such thereafter.
21. No Commissions. The parties respectively warrant to each other that no finders,
real estate brokers or other persons are entitled to claim a fee or commission as a
result of this transaction except for Bradley S. Swidler and NAVOR which shall be
paid by Seller at the time of First Settlement. Each party shall indemnify and save
harmless the other of and from the payment of any other commission or fees
claimed or found to be due through such party.
22. Fixtures /Personalty. All plumbing, heating, lighting, gas fixtures, range, air
Page 7 of 19
ISA - Ferster /Stouffer Cone A Cabana
0
conditioners, together with all other permanent fixtures, systems and equipment
appurtenant thereto or affixed to the Property, and all trees, shrubbery and plantings
now in or on said Property are included in the sale and purchase price of this
Agreement. All appliances are included in this sale. The appliances are more fully
shown on Exhibit `B" attached hereto.
23. Risk of Loss. Any loss or damage to the Property caused by fire or loss commonly
covered by extended coverage endorsements of reputable insurance companies
between the date of this Agreement and Final Settlement shall not in any way void
or impair any of the conditions or obligations of this Agreement.
24. Assignment. This Agreement may not be assigned by Buyer without the prior
written approval of Seller such approval not being unreasonably withheld.
Nothing contained in this paragraph shall be construed as a prohibition against the
sale of the real property and business assets by Buyer to a third party whereby
Seller receives the full consideration stated hereinabove. In the event of such an
outright sale, Seller agrees to execute (at no additional cost to Seller) all
documents reasonably required to affect such a sale and conveyance. Seller shall
riot incur any additional liability including but not limited to costs, expenses, fees
or taxes as a result of such assignment and/or outright sale.
25. Events of Buyer Default. Any of the following occurrences or acts shall constitute
an event of default under this Agreement and are herein referred to as "Events of
Default ":
a. If Buyer shall (i) fail to pay the purchase price, the monthly payments, or the
additional payments required to be paid by Buyer hereunder or any fees,
expenses or costs that accrue as a result of this agreement, and such failure
shall continue for fifteen (15) days after written notice to Buyer of such
failure, or (ii) fail to perform any of Buyer's obligations pursuant to this
Agreement not requiring the payment of money and such failure shall continue
for fifteen (15) days after notice to Buyer of such failure.
b. If Buyer shall file a petition in bankruptcy or for reorganization or for an
arrangement pursuant to any federal or state bankruptcy or insolvency law or
any similar federal or state law, or shall be adjudicated a bankrupt or become
insolvent or shall make an assignment for the benefit of creditors or shall
admit in writing Buyer's inability to pay Buyer's debts generally as they
become due; or
c. If a receiver, trustee or liquidator of Buyer or of all or substantially all of the
assets of Buyer or of the Property or Buyer's estate therein shall be appointed
in any proceeding brought by Buyer; or
Page 8 of 19
ISA - Ferster /Stouffer Cone A Cabana
d. If Buyer abandons or vacates the Property for a period in excess of twenty (20)
days. This specific subsection shall not apply in the event Buyer elects to
close Cone a Cafe, LLC during winter months.
e. If Buyer violates any local, state or federal Code, Ordinance, Rule and /or
Regulation.
26. Remedies of Seller. If any Event of Default shall occur, then the Seller may
terminate this Agreement. All of Buyer's payments to the date of default are
forfeited as liquidated damages and not as a penalty. Seller shall have all rights
and remedies as provided in equity and law against Buyer.
27. Rights of Seller. Either parties' failure to insist upon the strict performance of any
provisions hereof or to exercise any option, right, power or remedy contained herein
shall not constitute a waiver or relinquishment thereof for the future.
28. Transfer of Property; Assumption. If all or any part of the Property or an interest
therein is sold or transferred by Buyer without Seller's prior written consent,
excluding (a) the creation of a lien or encumbrance subordinate to this Agreement;
(b) the creation of a purchase money security interest for fixtures and equipment; or
(c) a transfer by devise, descent or by operation of law, Seller may, at Seller's option,
declare all the sums due under this Agreement to be immediately due and payable
and Seller may, at any time thereafter, notify Buyer of Buyer's default and .invoke
any remedies provided by this Agreement as well as at law and in equity.
29. Notices. All payments, notices and documents required by this Agreement to be
served or delivered to either party shall be in writing and shall be deemed duly
served and given when personally delivered or in lieu of personal service when
deposited in the United States mail by certified mail, return receipt requested,
postage prepaid, addressed to Seller or Buyer at the address set forth below:
Seller: Cone A Cabana, Corp & Loretta A Ferster, 190 4th Street, Bonita Springs,
FL 34134.
Copy to: Miller Lipsitt, LLC, James A Miller Esquire, 4 S 17 St, Camp Hill, PA
17011
Buyer: Joseph A Stouffer, 523 Warren Street, Lemoyne, PA 17043.
Copy to: Robert A Quigley, Esquire, 1553 Bridge St, New Cumberland, PA 17070.
or at such other place designated by the parties hereto in writing.
30. Required Notices. Buyer and Seller shall each notify the other promptly of the
Page 9 of 19
ISA - Ferster /Stouffer Cone A Cabana
occurrence of any of the following:
a. A fire or other casualty causing damage to the Property or any part thereof;
b. Receipt of notice of condemnation of the Property or any part thereof;
c. Receipt of notice from any governmental authority relating to the structure, use
or occupancy of the Property or any part thereof;
d. Any substantial change in the occupancy or use of the Property or any part
thereof; or
e. Commencement of any litigation affecting title to the Property or Buyer's or
Seller's interest therein.
31. Recording. After First Settlement as provided in Paragraph 4 hereof, a
Memorandum of this Agreement will be recorded by Buyer at Buyer's expense.
This Agreement shall not be recorded prior to First Settlement.
32. Separability. Each provision hereof shall be separate and independent and the
breach of any such provision by Seller shall not discharge or relieve Buyer from
Buyer's obligations to perform each and every covenant to be performed by Buyer
hereunder.
33. Partial Invalidity. If any provision hereof or the application thereof to any party or
circumstance shall to any extent be invalid or unenforceable, the remaining
provisions hereof, or the application of such provision to any party or circumstances
other than those as to which it is invalid or unenforceable, shall not be affected
thereby, and each remaining provision hereof shall be valid and shall be enforceable
to the extent permitted by law.
34. Applicable Law. This Agreement shall be construed under and in accordance with
the laws of the Commonwealth of Pennsylvania.
35. Entire Agreement. This Agreement contains the whole Agreement between the
parties and there are no other terms, obligations, covenants, representations,
statements or conditions, oral or otherwise, of any kind whatsoever and it may not
be altered, amended or modified other than in writing executed by the parties hereto.
This Agreement supersedes any prior agreements of the parties respecting the
subject matter herein.
36. Headings. Paragraph headings are for reference only and do not constitute a part of
this Agreement.
37. Time. Time shall be of the essence of this Agreement.
38. Counterparts. This Agreement may be executed in several counterparts, each of
, Page 10 of 19
ISA - Ferster /Stouffer Cone A Cabana
which shall be deemed an original, and all such counterparts shall constitute one and
the same instrument.
39. Other Documents. The parties agree that they will forthwith and at least within
five (5) days after demand therefor execute any and all written instruments or such
other writings as may be desirable to effectuate the terms of this Agreement. Buyer
shall execute contemporaneously herewith the Personal Guaranty attached hereto as
Exhibit C.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, do hereby
execute this Agreement on the day and date above stated.
WITNESS /Attest: SELLER: Cone A Cabana Corp
Loretta A Ferster, President
Loretta A Ferster
BUYER:
l�
XepStouffer
JAS Realty Group, LLC and Cone a Cafe,
LC
( Jep Stou er, s le a er
Page 11 of 19
ISA - Ferster /Stouffer Cone A Cabana
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF Cumberland
On this, the 2-l"" of April 2012, before me, the undersigned Notary Public, the undersigned
officer, personally appeared Loretta A Ferster, who acknowledged herself to be the President, of
Cone a Cabana Corp, a PA Corporation, and she, as such President being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name of the
Corporation by herself as President.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMO MUN OF r s nv
m tarw Seal
Notary Public East ro �, u be� cu
My Commi on pin cation Ap so, sops
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF Cumberland
On this, the ' ay of April 2012 before me, a Notary Public, in and for the Commonwealth of
Pennsylvania, the undersigned officer personally appeared Loretta A Ferster, known to me or
satisfactorily proven to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed same for the purposes therein contained.
IN WITNESS WHEREOF, I h ave hereunto set my hand and official seal.
CA oNWFJki OF
Mote pubiic
Notary P is i 3o, p1 3ty
My ommiss' Expires: '
Page 12 of 19
ISA - Ferster /Stouffer Cone A Cabana
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF Cumberland
On this, the 2 - day of April 2012 before me, a Notary Public, in and for the Commonwealth of
Pennsylvania, the undersigned officer personally appeared Joseph A Stouffer, known to me or
satisfactorily proven to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
�. pq
Notary Public COMMONWEA OF PENNSYLVANIA
Notarial Seal
Valerie S. Priest, Notary Public
My Commission Expires: Hampden Twp., Cumberland County
My Commission Expires Nov. 30, 2012
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Commonwealth of Pennsylvania
ss.
County of Cumberland :
On this, the C `— day of Q. - , 20 Q— me, the undersigned Notary Public,
the undersigned officer, personally appeared Joseph A Stouffer who acknowledged himself to be
the sole member of JAS Realty Group, LLC and Cone a Cafe, LLC Pennsylvania Limited Liability
Companies and he, as such sole member being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name of the limited liability
company by himself as sole Member.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
PAAA Qi COMMONWEALTH OF PENNSYLVANIA
Notary Public Notarial Seal
Valerie S. Priest, Notary Public
1 My Commission Expires: l Hampden Twp., Cumberland County
My Commission Expires Nov. 30, 2012
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Page 13 of 19
ISA — Ferster /Stouffer Cone A Cabana
7 •
EXHIBIT A - Amortization
Beginning Principal Ending
Time B alanc e Interest Due Principal Du e Paid Balance
1 $150,000.00 $625.00 $364.93 $364.93 $149,635.07
2 $149,635.07 $623.48 $366.45 $366.45 $149,268.61
3 $149,268.61 $621.95 $367.98 $367.98 $148,900.63
4 $148,900.63 $620.42 $369.51 $369.51 $148,531.12
5 $148,531.12 $618.88 $371.05 $371.05 $148,160.06
6 $148,160.06 $617.33 $372.60 $372.60 $147,787.46
7 $147,787.46 $615.78 $374.15 $374.15 $147,413.31
8 $147,413.31 $614.22 $375.71 $375.71 $147,037.60
9 $147,037.60. $612.66 $377.28 $377.28 $146,660.32
10 $146,660.32 $611.08 $378.85 $378.85 $146,281.47
11 $146,281.47 $609.51 $380.43 $380.43 $145,901.05
12 $145,901.05 $607.92 $382.01 $382.01 $145,519.03
13 $145,519.03 $606.33 $383.60 $383.60 $145,135.43
14 $145,135.43 $604.73 $385.20 $385.20 $144,750.23
15 $144,750.23 $603.13 $386.81 $386.81 $144,363.42
16 $144,363.42 $601.51 $388.42 $388.42 $143,975.00
17 $143,975.00 $599.90 $390.04 $390.04 $143,584.96
18 $143,584.96 $598.27 $391.66 $391.66 $143,193.30
19 $143,193.30 $596.64 $393.29 $393.29 $142,800.00
20 $142,800.00 $595.00 $394.93 $394.93 $142,405.07
21 $142,405.07 $593.35 $396.58 $396.58 $142,008.49
22 $142,008.49 $591.70 $398.23 $398.23 $141,610.26
23 $141,610.26 $590.04 $399.89 $399.89 $141,210.37
24 $141,210.37 $588.38 $401.56 $401.56 $140,808.81
25 $140,808.81 $586.70 $403.23 $403.23 $140,405.58
26 $140,405.58 $585.02 $404.91 $404.91 $140,000.67
27 $140,000.67 $583.34 $406.60 $406.60 $139,594.07
28 $139,594.07 $581.64 $408.29 $408.29 $139,185.78
29 $139,185.78 $579.94 $409.99 $409.99 $138,775.79
30 $138,775.79 $578.23 $411.70 $411.70 $138,364.09
31 $138,364.09 $576.52 $413.42 $4.13.42 $137,950.67
32 $137,950.67 $574.79 $415.14 $415.14 $137,535.53
33 $137,535.53 $573.06 $416.87 $416.87 $137,118.66
34 $137,118.66 $571.33 $418.61 $418.61 $136,700.06
35 $136,700.06 $569.58 $420.35 $420.35 $136,279.71
36 $136,279.71 $567.83 $422.10 $422.10 $135,857.61
Page 14 of 19
ISA - Ferster /Stouffer Cone A Cabana
37 $135,857.61 $566.07 $423.86 $423.86 $135,433.75
38 $135,433.75 $564.31 $425.63 $425.63 $135,008.12
39 $135,008.12 $562.53 $427.40 $427.40 $134,580.72
40 $134,580.72 $560.75 $429.18 $429.18 $134,151.54
41 $134,151.54 $558.96 $430.97 $430.97 $133,720.57
42 $133,720.57 $557.17 $432.76 $432.76 $133,287.80
43 $133,287.80 $555.37 $434.57 $434.57 $132,853.24
44 $132,853.24 $553.56 $436.38 $436.38 $132,416.86
45 $132,416.86 $551.74 $438.20 $438.20 $131,978.66
46 $131,978.66 $549.91 $440.02 $440.02 $131,538.64
47 $131,538.64 $548.08 $441.86 $441.86 $131,096.78
48 $131,096.78 $546.24 $443.70 $443.70 $130,653.09
49 $130,653.09 $544.39 $445.55 $445.55 $130,207.54
50 $130,207.54 $542.53 $447.40 $447.40 $129,760.14
51 $129,760.14 $540.67 $449.27 $449.27 $129,310.87
52 $129,310.87 $538.80 $451.14 $451.14 $128,859.73
53 $128,859.73 $536.92 $453.02 $453.02 $128,406.72
54 $128,406.72 $535.03 $454.91 $454.91 $127,951.81
55 $127,951.81 $533.13 $456.80 $456.80 $127,495.01
56 $127,495.01 $531.23 $458.70 $458.70 $127,036.30
57 $127,036.30 $529.32 $460.62 $460.62 $126,575.69
58 $126,575.69 $527.40 $462.53 $462.53 $126,113.15
59 $126,113.15 $525.47 $464.46 $464.46 $125,648.69
60 $125,648.69 $523.54 $466.40 $466.40 $125,182.29
Page 15 of 19
ISA - Ferster /Stouffer Cone A Cabana
4/2/2012 4:11 PM FROM: Great Road Settlemnt TO: 7177309665 PAGE: 002 OF 002
EQUIPMENT LIST
Cone A Cabana Corp.
503 E. Emaus Street
Middletown, PA 17057
7- INSIDE TABLE
24- CHAIRS
2- BAR STOOLS
2- FIRE EXTINGUSHERS
WOODEN TRANS BINS
WINDOW AC HEATER UNIT
HIGHCHAIR
1- MENU BOARDS (PEPSI)
WALKIN FREEZER & COOLER
WASHING RACK
3 BAY SINK
ICEMACHINE
MOB BUCKET ON WHEELS
PEPSI COOLER ON WHEELS
MISC. OFFICE SUPPLIES
NACHO CHEESE WARMER COFFEE
OPENER KNIVES, UTENSILS,
POTS /PANS ROLLING CUTTING
TABLE BAINE MARIE
2 -ROYAL 45 CASH REGISTERS
TRUE FREEZER
SANDWICHPREP STATION W /COOLER
PANASONIC MICROWAVE
DEEP FRYER
OVEN
GAS GRILL
6 BURNER VULCAN STOVE
ANSUL SYSTEM
ELECTRO FREEZE BEVERAGE
AIR REFRIDGE CHOCOLATE
WARMER
MISC. WIRING RACKING ELECTRO
FREEZE MILK SHAKER
PEPSI SODA DISPENSER
TELEPHONE SECURITY
SYSTEM - ADT
7- PICNIC TABLE OUIDOOR
3- SWINGS
BENCH
3- OUTDOOR WOOD TRASH CANS
STEAMER - COMMERCIAL
EXHIBIT B — Business Assets
EQUIPMENT LIST - Cone A Cabana Corp., 503 E. Emaus Street, Middletown, PA 17057
7- INSIDE TABLE
24- CHAIRS
6- BAR STOOLS
2- FIRE EXTINGUSHERS WOODEN
TRANS BINS WINDOW AC
HEATER UNIT HIGHCHAIR
3- MENU BOARDS (PEPSI /COKE)
WALKIN FREEZER & C OLER
WASHING RACK
3 BAY SINK
ICEMACHINE
MOB BUCKET ON WHEELS P SI
COOLER ON WHEELS PRINTER 7
COPIER
MISC_ OFFICE SUPPLIES
HERSHEY HAND DIP ICE CREAM F EZER
NACHO CHEESE WARMER COFFEE
POT & WARMER ELECTRIC CAN
OPENER KNIVES, UTENSILS,
POTS/PANS ROLLING CUTTING
TABLE BAINE MARIE
RADIO
2- ROYAL 45 CASH REGISTERS TRUE
FREEZER
SANDWICH PREP STATION W /COOLS
PANASONIC MICROWAVE DEEP
FRYER
OVEN
GASGRILL
6 BURNER VULCAN STOVE
ANSUL SYSTEM
ELECTRO FREEZE BEVERAG AIR -
REFRIDGE CHOCOLATE W ER
MISC. WIRING RACKING E ECTRO
FREEZE MILK SHAKER
HERSHEY ICE CREAM F EZER WITH TOPPING BAR P SI
SODA DISPENSOR
TELEPHONE SECURIT
SYSTEM
7- PICNIC TABLE O IDOOR
3- SWINGS
BENCH
3- OUTDOOR WOOD TRASH CANS
Page 16 of 19
ISA - Ferster /Stouffer Cone A Cabana
EQUIPMENT LIST
Cone A Cabana Corp.
503 E. Emaus Street
Middletown, PA 17057
7- INSIDE TABLE
24- CHAIRS
24 BAR STOOLS
2- FIRE EXTINGUSHERS
WOODEN TRANS BINS
_ WINDOW A/C HEATER UNIT _
HIGH CHAIR
„3_ KE) +
WALKIN FREEZER & COOLER
WASHING RACK
3 BAY SINK
ICE MACHINE
MOB BUCKET ON WHEELS
PEPSI COOLER ON WHEELS
RR 11�11 ER q-GepiElt—
MISC. OFFICE SUPPLIES
NACHO CHEESE WARMER
KNIVES, UTENSILS, POTS/PANS
ROLLING CUTTING TABLE
BAINE MARIE
"IZADfo
2- ROYAL 45 CASH REGISTERS
TRUE FREEZER
SANDWICH PREP STATION W /COOLER
PANASONIC MICROWAVE
DEEP FRYER
OVEN
GAS GRILL
6 BURNER VULCAN STOVE
ANSUL SYSTEM
ELECTRO FREEZE
BEVERAGE AIR REFRIDGE
CHOCOLATE WARMER
MISC. WIRING RACKING
ELECTRO FREEZE MILK SHAKER
PEPSI SODA DISPENSOR
TELEPHONE
SECURITY SYSTEM M Y - F
7- PICNIC TABLE OUTDOOR
3- SWINGS
BENCH
3- OUTDOOR WOOD TRASH CANS
EXHIBIT C — PERSONAL GUARANTY
GUARANTY
THIS GUARANTY is made this day of April, 2012 by Joseph A Stouffer, of 523
Warren Street, Lemoyne, PA 17043 -2037 (herein after referred to as "Guarantor "):
WITNESSETH:
NOW, THEREFORE, for good and valuable consideration, intending to be legally bound
hereby, Grantor agrees as follows:
1. Warranty of Performance
Guarantor hereby unconditionally and irrevocably guarantees the punctual performance of
all Buyer/Purchaser's obligations pursuant to a certain Installment Sales Agreement
( "ISA ") dated contemporaneously herewith and any and all related documents associated
therewith (the "Documents ") concerning the sale by Loretta A Ferster, an adult individual
and Cone A Cabana Corp, a Pennsylvania Corporation, hereinafter collectively referred to
herein and throughout as "Seller" to:
a. JAS Realty Group, LLC, for the real property known as 503 East Emaus Street,
Middletown, PA 17057, for a gross consideration of $125,000.00; and,
b. Cone a Cafe, LLC, for the equipment, fixtures, inventory, telephone numbers,
facsimile numbers, website(s), certificate of occupancies, licenses, permits, orders,
registrations, certificates or approvals of any governmental authority (the "Permits ")
held by or on behalf of the Seller and now used by the Seller or required for the
operation for the restaurant to the extent of Buyer's willingness to assume the
Permits, goodwill, going concern value, supplies, and trade name "Cone A Cabana"
(the "Goodwill ") associated with and used in conjunction with the operation of a
restaurant business located at 503 East Emaus Street, Middletown, Dauphin County,
Pennsylvania, for a gross consideration of $50,000.00.
2. Waiver of Notice and Defenses
Guarantor hereby waives any rights Guarantor may have by reason of any forbearance,
modification, or extension, which Seller under said ISA may grant or to which said Seller
and Purchaser may agree, and waives the right to notice of the same.
3. Warrant of Borrower's Representations
Guarantor hereby warrants and guarantees to Seller u sa ISA the accuracy and truth of
Page 17 of 19
ISA - Ferster /Stouffer Cone A Cabana
ipA A6, 0
all warranties and representations made by Borrower/Purchaser in said ISA and Documents.
4. Direct Proceeding Against Guarantor
This shall be an agreement of suretyship as well as of guaranty and Seller under said ISA
and Documents without being required to proceed first against Buyer/Purchaser, or any
other person or entity, or any other one of the Buyers or Purchasers, may proceed directly
against Guarantor whenever Buyer /Purchaser under said ISA and Documents
fails to make any payment when due, or otherwise fails to perform any obligation owed or
hereafter owed to Seller.
5. Continuation of Guaranty
This guaranty shall be a continuing guaranty and (whether or not Guarantor shall have any
notice or knowledge of any of the following) the liability and obligation of Guarantor
hereunder shall be absolute and unconditional and shall remain in full force and effect
without regard to, and shall not be released, discharged, or in any way impaired by any
bankruptcy, insolvency, reorganization arrangement, or similar proceeding relating to
Buyer /Purchaser under said ISA and Documents.
6. Confession of Judgment
Guarantor hereby authorizes any attorney of any court of record in Pennsylvania, or
elsewhere, to appear for Guarantor in any action brought on this guaranty, and to confess
judgment against Guarantor for all principal and interest and all other sums then due
pursuant to the terms of the said ISA and Documents and for costs of suit and reasonable
attorney's commission of seven (7 %) percent, together with interest on any judgment
obtained by the Seller under said ISA at the rate of six (6 %) percent after default, including
interest at the rate from and after the date of any Sheriff's Sale until actual payment is made
by the Sheriff to said Seller of the full amount due said Seller, and for so doing this shall be
a good and sufficient warrant. Guarantor waives and relinquishes all errors, defects, and
imperfections in the entry of judgment as aforesaid, or in any proceeding pursuant thereto,
and all benefits under any law or rule of court relating to a stay of execution. The authority
herein granted to confess judgment shall not be exhausted by any exercise thereof but shall
continue from time to time and at all times until all obligations of Borrower /Purchaser
under said ISA and Documents to said Seller have been fully discharged.
7. Seller Right to Set -Off
To the exclusion of Guarantor's real property, Seller under said ISA and Documents shall
have a right to set -off, a lien on, and a security interest in, all personal property of Guarantor
now or at any time in its possession in any capacity whatsoever, including, but not limited
Page 18 of 19
ISA - Ferster /Stouffer Cone A Cabana
to, any balance or share of any deposit, trust, or agency account, as security for all obligation
and liabilities of Borrower/Purchaser under the ISA and as security for all obligation and
liabilities of Guarantor hereunder.
8. Binding on Successors
This agreement shall be binding on Guarantor, and all Guarantor's heirs, administrators,
executors, successors, and assigns, and shall inure to the benefit of Seller under said ISA
and Documents and its successors and assigns.
9. Intent of Language
The obligations and liabilities hereunder of the persons referred to as "Guarantor" shall be
joint and several, if there are more than one individuals named as Guarantor herein, and
word "Guarantor" shall mean all or some or any of them, if there are more than one so
named. For purposes of this instrument the singular shall be deemed to include the
plural, and the use of any gender shall be applicable to all genders, as the context may
require.
10. Governing Law
This guaranty shall be governed by and construed according to the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the Guarantor has executed and sealed this guaranty the day and year
first written above.
Witness:
r
(Seal)
J ep t u for
Page 19 of 19
ISA - Ferster /Stouffer Cone A Cabana
Loretta A Ferster, In the Court of Common Pleas
Plaintiff Cumberland County, Pennsylvania
No. �--
V
Joseph A Stouffer
NON - MILITARY AFFIDAVIT
Before me, personally appeared Loretta A Ferster, Plaintiff in the above entitled case,
who being duly sworn or affirmed according to law deposes and says, that the defendant or
respondent above named is not in the military service of the United States of America, and that
she has personal knowledge that the said defendant or respondent is now living at 523 Warren
Street, Lemoyne, Cumberland County, Pennsylvania 17043.
\ - e
Loretta A Ferster
Sworn and subscribed to me this day of , 2014
otary Public , U7 C `-
c °n
COMMO ,
NWFALTH OF PEN � `-
My commission expires Notari ,v'
James A. Miller, Nota -
Camp Hill i3pro, Cumberland County
�`tY Commission Expires April 30, 2017