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Home My WebLink About07-0104 SUSQUEHANNA VALLEY IN THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. D ?'- 1 U y ?ir-- MELVIN HORST and STEPHEN HORST, Defendants CIVIL ACTION - LAW NOTICE 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A 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 IMPORTANT RIGHTS. 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 (717) 249-3166 By: owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: January 3, 2007 SUSQUEHANNA VALLEY IN THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. MELVIN HORST and STEPHEN HORST, Defendants CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff is the Susquehanna Valley Federal Credit Union with a principal place of business located at 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011-7809. Plaintiff is a federally chartered non profit credit union. 2. The Defendant Melvin Horst is an adult individual residing 2895 Paxton Court, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Defendant Stephen Horst is an adult individual residing at 37 South Allison Street, Greencastle, Franklin County, Pennsylvania 17225. 4. The Defendants are not current members of the Armed Forces of the United States of America. COUNT I: 2004 LOAN AND SECURITY AGREEMENT 5. On February 23, 2004 Defendants executed a Loan and Security Agreement attached as Exhibit "A" in the amount of Thirty Eight Thousand Seven Hundred and 00/100 ($38,700.00) Dollars at 12.90% interest and pledged as collateral a 1993 Fleetwood Mobile Home (ID PAFLN22ABO4031 CG). 6. The terms of Exhibit "A" required timely payments of $490.95 each month for 179 months with a final payment of $490.88. 7. Defendants failed to make timely payments commencing July 15, 2004 8. Defendants failed to maintain home owners insurance as required by Paragraph 6 of Exhibit "A" and the Plaintiff was compelled to add coverage on January 5, 2005. 9. Defendants failed to pay real estate taxes as required by Paragraph 6 of Exhibit "A" in a timely manner. 10. Defendants failed to pay York Community Management its lot rent which resulted in an eviction in June 2006. 11. Plaintiff then paid all outstanding lot rent due York Community Management and unpaid real estate taxes and repossessed the mobile home on June 21, 2006. 12. Plaintiff also paid $300.00 per month in lot rent and additional lawn maintenance fees between the time of repossession and subsequent sale of the mobile home. 13. On June 21, 2006 Plaintiff mailed a Notice of Repossession to each Defendant. 14. Between July 2006 and November 2006 the Plaintiff advertised the mobile home for sale. 15. On November 17, 2006 the Plaintiff sold the mobile home for $30,150.00 and the entire proceeds were applied to the outstanding balance owed by Defendants to Plaintiff. 16. Under the terms of Exhibit "A" at Paragraph 7 each person who is a borrower is individually and jointly responsible for repayments of all sums owed under the Agreement. 17. Under the terms of Exhibit "A" at Paragraph 9 each person "will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid." 18. Under the terms of Exhibit "A" at Paragraph 4 Defendants must repay "any attorney fees" incurred by Plaintiff under this Agreement. 19. As of January 3, 2007 Defendants owe the Plaintiff the following sums: Principal Balance $11,034.27 Interest Due $ 6,386.48 Per Diem $ 81.90 ($3.90 or 12.90% since 12/13/06 to present) Past Due Lot Rent $ 1,183.60 (Owed prior to repossession on June 21, 2006) Real Estate Taxes $ 1,347.38 Lot Rent (7/06 - 11/06) $ 1,500.00 ($300.00 per month) Attorneys Fees $ 330.00 TOTAL DUE $21,863.63 WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $21,733.63 at 12.90% interest from January 3, 2007 at $3.90 per diem together with all court costs and an award of reasonable attorneys' fees. Respectfully submitted, By: Ste n Howell, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: January 3, 2007 01/03/2007 14:02 7177701278 HOWELL LAW FIRM PAGE 02/10 Verification I verify that the statements made in the foregoing document are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I verify that I am the President of the Susquehanna Valley Federal Credit Union and that I am authorized to execute this doc nt. BY, 'Larry L. toner President and CEO Date: 1/3/07 SUSQUEHANNA VALLEY .? FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011-7809 (717) 737-4152 - 5_1 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE 02/23/2004 1 13959 037-1661-8 03/15/2019 NAME AND ADDRESS Melvin Horst 2895 Paxton Court Chambersburg, PA 17201 NAME IAND ADDRESS IF DIFFERENT FROM BORROWER 1) STEPHEN HORST 7835 OAK DRIVE WAYNESBORO, PA 17268 <L NI11'iit< DI O ::T R IN f U1E;:' , . eians a:: s iilta ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you have made $ your behalf. all payments as scheduled. which includes your 12.90000 % $49,670.93 a $38,700.00 $88,370.93 a downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. 179 $ 490.95 Monthly Beginning 04/15/2004 Required Deposit: The Annual Percentage Rate does 1 $ 490.88 03/15/2019 not take into account your required deposit, if any. our mobile home tion: Someone bu in ? Assum y g y p Property Insurance: You may obtain property insurance from anyone you cannot assume the remainder of the loan on the want that is acceptable to the credit union. If you get the insurance from us, original terms. you will pays Demand: This obligation has a demand feature. ? Late Charge: All disclosures are based on an assumed All payments received more than 14 days past their due date will be charged maturity of one year. a $20 late fee . Filing Fees Non-Filing Insurance $ .00 $ .00 Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number TITLE AND VOLUNTARY COANNIVERSAR 1993 PAFLN22AB04031CG FLEETWOO $ 51,697.36 S S Other (Describe) VOLUNTARY CO: STEPHEN HORST & YOUR CU SHARES Pledge of Shares $ in Account No. $ in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. IB1(VT RtS. ; ... CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security "section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. BORROWER 1 BORROWER 0 CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED Q 6 (SEAL) DATE J BORROW 2 DATE 1 = (SEAL) DATE [:) OTHER BORROWER ? OWNER OF PROPERTY ? WITNESS DATE a a EXHIBIT m A NXX022 (LASER) Cre'?t Union Susquehanna Valley Federal Credit Union Loan No. 1 Acct. No. 13959 Borrower(s) Melvin Horst STEPHEN HORST • IT ZATt 11Of=.THE AEVIf. NT[NAIIID :.....: 77771 Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $38,700.00 $38,700.00 $ .00 $ Amounts Paid to Others on Your Behalf: (if an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To S To $ To $ To in this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay S 38,700.00 to the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate loans the interest rate is 12.9 % per year. Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. You may prepay any amount without penalty. It ou prepay any part of what you owe, you are still req?1 fired o make the regularly scheduled payments, unless we rlave agreed, to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, our final payment may be more or ?ess than the amoont of the final payment that is disclosed. you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If the term is extended you will be required to m ke additional payments of tAe scheduled amount, until what yyou owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refin nced f the d to of this loan. 3. LAN P sO8EEDS 9Y MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the lo 8n pproceeds are mailed to you. 4. SE?URITY FOR LOAN - This Agreement is secured by all property described in the "Security," section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dw IlinccL.L A dwelling secures thi loan only if it is described in the "5ecurit " section of the sI ruth in Lending Disclosure fQr this loan. If Credit Union has a federal charter: Statutory Lien - If you are in default on a financial obligation to us, federal law give us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After. you are in default, we may exercise this right without further notice to you. JWe have a federal charter if our name includes the term 'Federal Credit Union.") If Credit Union has a state charter, except in Ohio and Rhode Island: We have a statutory lien on tide shares and dividends and, if any, the deposits and interest in all individual and /joint accounts you have with us and may exercise our rights under the lien to the a tent permitted by state law. (We have a state charter it our name does not include the term Federal Credit Union." For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all de osits and interest in all joint and individual accoun s you grave with the credit union now and in the future. The statutory lien and/or your Fledghe will allow us to apply the funs in, your account(s) o w at you owe when you are in efaut. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other ac o nt that would lose special tax treatment under state or federal law if given as securit 5. DEAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or 0CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED before the date it is due. You will be in default if you break any promise You made in connection with this loan or if anyone is in default under any security, agreement m'IT le in connection with this Agreement. You will be in default you die, file for bankruptcy, become insolvent (that is unable to pay Your bills and loans as they become due), or it you made any talse or misleading statements in your loan application. You will also be in def ult if something happens that we believe may seriously affect your ability to repa what you owe under this Agreement or if you are in default' under any other loan agreement you have with us. 6. ACTIONS AFTER DEFAULT - When you are in default, we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any ri ht you have to receive demand for payment, notice of inten? to demand immediate t?ayment and notice of demand for immediate payment. It we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given, as security under this Agreement. We may also exercise any other rights given by law when you are in 7. EACH PERSON RESPONSIBLE - Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights aggainst any one of you ?i divid all or gainst all of you togetLier. . LA E ?HAGE - If you are late in making a payment, you promise to pay the late charge shown in the Truth in Lending Disclos re. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTIPES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - NXX022 (LASER) Crr W, Union Susquehanna Val Ley Federal Credit Union Loan No. 1 Acct. No. 13959 Borrower(s) Melvin Horst STEPHEN HORST SECURITY AGREEMENT In this Agreement all references to "credit union," "we," "our" or the insurance requirements. If we add amounts for taxes, fees or "us" mean the credit union whose name appears on this document insurance to the unpaid balance of the Loan, we may increase your and anyone to whom the credit union assigns or transfers this payments to pay the amount added within the term of the insurance Agreement. All references to the "Loan" mean the loan described or term of the Loan. in the Loan Agreement that is part of this document. All references 7. INSURANCE NOTICE - If you do not purchase the required to "you," or "your" mean any person who signs this Agreement. property insurance, the insurance we may purchase and charge you 1. THE SECURITY FOR THE LOAN - You give us what is known as for will cover only our interest in the Property. The insurance will a security interest in the property described in the "Security" not be liability insurance and will not satisfy any state financial section of the Truth in Lending Disclosure that is part of this responsibility or no fault laws. document ("the Property"). The security interest you give includes B. DEFAULT - You will be in default if you break any promise you all accessions. Accessions are things which are attached to or make or fail to perform any obligation you have under this installed in the Property now or in the future. The security interest Agreement. You will also be in default under this Agreement if the also includes any replacements for the Property which you buy Loan is in default. within 10 days of the Loan and any extensions, renewals or 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in refinancings of the Loan. It also includes any money you receive default, we may demand immediate payment of the outstanding from selling the Property or from insurance you have on the balance of the Loan without giving you advance notice and take Property. If the value of the Property declines, you promise to give possession of the Property. You agree the Credit Union has the right us more property as security if asked to do so. to take possession of the Property without judicial process if this 2. WHAT THE SECURITY INTEREST COVERS - The Property can be done without breach of the peace. If we ask, you promise to secures the Loan and any extensions, renewals or refinancings of deliver the Property at a time and place we choose. We will not be the Loan. If the Property is not a dwelling, it also secures any other responsible for any other property not covered by this Agreement loans, including any credit card loan, you have now or receive in that you leave inside the Property or that is attached to the the future from us and any other amounts you owe us for any Property. We will try to return that property to you or make it reason now or in the future, except any loan secured by your available to you to claim. principal residence. If the Property is household goods as defined After we have possession of the Property, we can sell it and apply by the Federal Trade Commission Credit Practices Rule or your the money to any amounts you owe us. We will give you notice of principal residence, the Property will secure only this Loan and not any public sale or the date after which a private sale will be held. other loans or amounts you owe us. Our expenses for taking possession of and selling the Property will 3. OWNERSHIP OF THE PROPERTY - You promise that you own be deducted from the money received from the sale. Those costs the Property or, if this Loan is to buy the Property, you promise may include the cost of storing the Property, preparing it for sale you will use the Loan proceeds for that purpose. You promise that and attorney's fees to the extent permitted under state law or no one else has any interest in or claim against the Property that awarded under the Bankruptcy Code. The rest of the sale money you have not already told us about. You promise not to sell or will be applied to what you owe under the Loan. lease the Property or to use it as security for a loan with another If you have agreed to pay the Loan, you will also have to pay any creditor until the Loan is repaid. You promise you will allow no amount that remains unpaid after the sale money has been applied other security interest or lien to attach to the Property either by to the unpaid balance of the Loan and to what you owe under this your actions or by operation of law. Agreement. You agree to pay interest on that amount at the same 4. PROTECTING THE SECURITY INTEREST - If your state issues a rate as the Loan until that amount has been paid. title for the Property, you promise to have our security interest 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - shown on the title. We may have to file what is called a financing We can delay enforcing any of our rights under this Agreement any statement to protect our security interest from the claims of number of times without losing the ability to exercise our rights others. If asked to do so, you promise to sign a financing later. We can enforce this Agreement against your heirs or legal statement. You promise to do whatever else we think is necessary representatives. If we change the terms of the Loan, you agree that to protect our security interest in the Property. You also promise to this Agreement will remain in effect. pay all costs, including but not limited to any attorney fees, we 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is incur in protecting our security interest and rights in the Property, determined by a court to be unenforceable, the rest will remain in to the extent permitted by applicable law. effect. 5. USE OF PROPERTY - Until the Loan has been paid off, you 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A promise you will: (1) Use the Property carefully and keep it in good MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION repair. (2) Obtain our written permission before making major MAY BE SUBJECT TO REPOSSESSION. IF IT IS NOT changes to the Property or changing the address where the REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL Property is kept. (3) Inform us in writing before changing your AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN address. (4) Allow us to inspect the Property. (5) Promptly notify THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. us if the Property is damaged, stolen or abused. (6) Not use the 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful Property for any unlawful purpose. for you to fail to return a motor vehicle that is subject to a security 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to interest, within thirty days after you have received notice of default. pay all taxes and fees (like registration fees) due on the Property The notice will be mailed to the address you gave us. It is your and to keep the Property insured against loss and damage. The responsibility to notify us if your address changes. The maximum amount and coverage of the property insurance must be penalty for unlawful failure to return a motor vehicle is one year in acceptable to us. You may provide the property insurance through prison and/or a fine of $150,000.00. a policy you already have, or through a policy you get and pay for. [I The following notice applies ONLY when the box at left is marked. You promise to make the insurance policy payable to us and to 14. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT deliver the policy or proof of coverage to us if asked to do so. CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES If you cancel your insurance and get a refund, we have a right to WHICH THE DEBTOR COULD ASSERT AGAINST THE the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply it towards SELLER OF GOODS OR SERVICES OBTAINED PURSUANT what you owe. You authorize us to endorse any draft check HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY which may be payable to you in order for us to collect any y refund HEREUNDER BY THE DEBTOR SHALL NOT EXCEED or benefits due under your insurance policy. AMOUNTS PAID BY THE DEBTOR HEREUNDER. If you do not pay the taxes or fees on the Property when due or 15. OTHER PROVISIONS - keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with 0CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED NXX022 (LASER) Notice of arsnlar Right to Cancel SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011-8035 11pA? EpIRTY (717) 737.4152 1 1 ! 1 ' It• t ? ESTABLISHING AN ACCOUNT The credit union has agreed to establish an open-end credit account for you, and you have agreed to give the credit union a (mortgage/deed of trust) (on/in) your home as security for the account. You have a legal right under federal law to cancel the account, without cost, within three business days after the latest of the following events: 1. the opening date of your account which is ; or 2. the date you received your Truth in Lending disclosures; or 3. the date you received this notice of your right to cancel the account. If you cancel the account, the (mortgage/deed of trust) (on/in) your home is also cancelled. Within 20 days of receiving your notice, the credit union must take the necessary steps to reflect the fact that the (mortgage/deed of trust) (on/in) your home has been cancelled. The credit union must return to you any money or property you have given to us or to anyone else in connection with the account. You may keep any money or property the credit union has given you until the credit union has done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. ? INCREASING THE SECURITY You have agreed to increase the amount of the (mortgage/deed of trust) (on/in) your home that the credit union holds as security for your open-end credit account. You have a legal right under federal law to cancel the increase, without cost, within three business days after the latest of the following events: 1. the date of the increase in the security which is ; or 2. the date you received your Truth in Lending disclosures; or 3. the date you received this notice of your right to cancel the increase in the security. If you cancel the increase in the security, ur cancellation will apply only to the increase in the amount of the (mortgage/deed of trust). It will not affect the amount you presently owe on your account, and it willyonot affect the (mortgage/deed of trust) the credit union already has (on/in) your home. Within 20 calendar days after the credit union receives your notice of cancellation, the credit union must take the necessary steps to reflect the fact that any increase in the (mortgage/deed of trust) (on/in) your. home has been cancelled. The credit union must also return to you any money or property you have given the credit union or to anyone else in connection with this increase. You may keep any money or property the credit union has given you until the credit union has done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. ? INCREASING THE CREDIT LIMIT The credit union has agreed to increase the credit limit on your open-end credit account. The credit union has a (mortgage/deed of trust) (on/in) your home as security for your account. Increasing the credit limit will increase the amount of the (mortgage/deed of trust) (on/in) your home. You have a legal right under federal law to cancel the increase in your credit limit, without cost, within three business days after the latest of the following events: 1. the date of the increase in your credit limit which is ; or 2. the date you received your Truth in Lending disclosures; or 3. the date you received this notice of your right to cancel the increase in your credit limit. If you cancel, your cancellation will apply only to the increase in your credit limit and to the (mortgage/deed of trust) that resulted from the increase in your credit limit. It will not affect the amount you presently owe, and it will not affect the (mortgage/deed of trust) the credit union already has (on/in) your home. Within 20 calendar da s after the credit union receives your notice of cancellation, the credit union must take the necessary steps to reflect the fact that any increase in the (mortgage/dee( of trust) ?,An) your home has been cancelled. The credit union must also return to you any money or property you have given to the credit union or to anyone else in connection with this increase. You may keep any money or property the credit union has given you until the credit union does the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. rv? ! ! i RIGHT0,CANUL-t-losed t 19 GENERAL RIGHT TO CANCEL You are entering into a transaction that will result in a (mortgage/deed of trust) (onAn) your home. You have a legal right under federal law to cancel this transaction, without cost, within hre.?1 si e s ays from whichever of the following events occurs last: 1. the date of the transaction which is a i'*N° ; or 2. the date you received your Truth in Lending disclosures; or 3. the date you received this notice of your right to cancel. If you cancel the transaction, the (mortgage/deed of trust) is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the (mortgage/deed of trust) (on/in) your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property, If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. ? REFINANCING RIGHT TO CANCEL (REFINANCING WITH ORIGINAL CREDITOR) You are entering into a new transaction to increase the amount of credit provided to you. Your home is the security for this new transaction. You have a legal right under federal law to cancel the new transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of this new transaction, which is or 2. the date you received your new Truth in Lending disclosures; or 3. the date you receive this notice of your right to cancel. If you cancel this new transaction, it will not affect any amount that you presently owe. Your home is the security for that amount. Within 20 calendar days after we receive your notice of cancellation of this new transaction, we must take the steps necessary to reflect the fact that your home does not secure the increase of credit. We must also return any money you have given to us or anyone else in connection with this new transaction. You may keep any money we have given you in this new transaction until we have done the things mentioned above, but you must then offer to return that money at the address below. If we do not take possession of the money within 20 calendar days of your offer, you may keep it without further obligation. 1 i If you decide to cancel the account/transaction designated above, you may do so by notifying the credit union in writing, at 3850 Hartzdale Drive. Camp Hill. You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice no matter how you notify the credit union because it contains important information about your,ri Is. It you cancel by mail or telegram, you must send the notice no later than midnight of (date) 2-??I C? (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, 4 must be delivered to the above address no later than that time. I WISH TO CANCEL x Borrower/Owner of Property Data You have received two copies of this Notice of Right to Cancel and one copy of the Truth in Lending Disclosures from the credit union and have read and understand them. If this transaction is to increase the amount of the Mortgage/Deed of Trust on/in your home or to increase your credit limit, you acknowledge that you received Truth in Lending Disclosures at the time the original account was established. You know of no individual(s) not signing this statement who also lives in your home as their principal residence and has any kind of an ownership interest in that property. Borrower caner oI P1/?ro?f?/e'rdty?? Date 1 1 1 1 1 If you decide NOT to cancel your account/transaction at the end of the three-day period described in the above Notice, please read, sign and date the following Statement. Please return this statement to the credit union at the address in the above Notice. Statement of Noncancellation - You have chosen not to cancel the account/transaction referenced in the above Notice. You understand that the credit union will allow you to receive funds in reliance on this statement. You know of no individual(s) not signing this statement who also lives in your home as their rincipa efde and has any kind of ownership interest in that property. C/ Q2 bbY STATEMENT SorrowarlOwner of Property Date 6 Borrower wrier of Property L'f Date ?a-,;Z7-ay oBrower caner of Property roperty Date 0 CUNA MUTUAL INSURANCE SOCIETY. 1991. 1992. 1999, ALL RIGHTS RESERVED CREDIT UNION EST476 27860 N c? Q c n OA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff, No. 07 - 104 V. MELVIN HORST and STEPHEN HORST, Defendants, NOTICE TO PLEAD To: Susquehanna Valley Federal Credit Union c/o Steven Howell, Esq., 619 Bridge Street, New Cumberland, PA 17070 You are hereby notified to file a written response to the enclosed new matter and counterclaim within twenty (20) days from service hereof, or a judgment may be entered against you. Jose" . Macaluso ` Supr a ourt I.D.# 38262 Attorne r Defendant Melvin Horst P.O. Box 83 Orrstown, PA 17244 (717) 532-4832 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff, No. 07 - 104 V. MELVIN HORST and STEPHEN HORST, Defendants, ANSWER, NEW MATTER AND COUNTERCLAIM OF DEFENDANT MELVIN HORST Defendant Melvin Horst, by and through his attorney, Joseph A. Macaluso, hereby answers the complaint of plaintiff Susquehanna Valley Federal Credit Union, as follows: ANSWER 1. Answering defendant admits the name and address of plaintiff, and lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 1. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 2. Admitted. as to the truth of the remaining allegations contained in Paragraph 11. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 12. Answering defendant lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 12. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 13. It is specifically denied that answering defendant received any notice of repossession from plaintiff. 14. Answering defendant lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 14. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 15. Answering defendant lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 15. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 16. Paragraph 16 contains legal suppositions to which no response is required. To the extent that a reply is deemed to be required, answering defendant specifically denies that he is liable to plaintiff for any amount. 17. Paragraph 17 contains legal suppositions to which no response is required. To the extent that a reply is deemed to be required, answering defendant specifically denies that he is liable to plaintiff for any amount and he specifically denies that there is any deficiency at all or any additional interest due. 18. Paragraph 18 contains legal suppositions to which no response is required. To the extent that a reply is deemed to be required, answering defendant specifically denies that he is liable to plaintiff for any attorneys fees and he specifically denies that there is any deficiency at all. 19. It is specifically denied that answering defendant is liable to plaintiff for any amount and he specifically denies that there is any deficiency at all. WHEREFORE, answering defendant demands dismissal of the complaint and that judgment be entered in his favor and against plaintiff. NEW MATTER Further answering the complaint of plaintiff, Susquehanna Valley Federal Credit Union, answering defendant Melvin Horst, by and through his attorney, Joseph A. Macaluso, avers the following New Matter: 20. On or about February 23, 2004, Melvin Horst signed the Loan and Security Agreement (hereinafter called the "Agreement") for his son, co-defendant Stephen Horst, to purchase a 1993 Fleetwood Mobile Home, Title No. 45602316308 (hereinafter called the "Mobile Home"), because plaintiff required a co-signer on the loan. 21. At all times mentioned herein, co-defendant Stephen Horst exercised ownership and control over the Mobile Home from the date of purchase to the date of repossession. 22. At no time did Melvin Horst exercise ownership or control over the Mobile Home. 23. At no time did Melvin Horst make any payments to plaintiff in connection with the loan for the Mobile Home, nor did he make any tax payments to the tax collector, nor did he make any insurance premium payments to the insurance company, nor did he make any lot rent payments for the Mobile Home. 24. In or about early 2006, Melvin Horst received notice from plaintiff that the loan was delinquent. 25. As of that time, it was the understanding of Melvin Horst that co-defendant had listed the Mobile Home for sale with a realtor, Sharon Berry, of Prudential Franklin Associates Realtors, and that a prospective buyer had already signed a contract to purchase the Mobile Home for the purchase price of $53,650.00. A copy of the contract dated November 9, 2005, is attached hereto as Exhibit A. 26. Upon information and belief, Melvin Horst avers that plaintiff would not consent to the sale under the aforesaid contract. 27. The value stated for the Mobile Home in the "Truth In Lending Disclosure" section on the first page of the Agreement was $51,697.36 as of February 23, 2004. (see Exhibit A attached to the complaint.) 28. The Amount Financed for the Mobile Home as set forth in the "Truth In Lending Disclosure" section on the first page of the Agreement was $38,700.00. 29. Therefore, Melvin Horst reasonably believed at the time of the delinquency notice, that the fair market value of the Mobile Home was far in excess of the balance due on the loan, and that there would be no deficiency due. 30. The next communication that Melvin Horst received from plaintiff was a demand letter dated November 20, 2006. 31. Melvin Horst never received any notice of repossession or notice of sale of the Mobile Home from plaintiff. 32. Melvin Horst never received any information from plaintiff regarding how the sale was conducted, or to whom the Mobile Home was sold, or what the costs of sale were. 33. Plaintiff has denied Melvin Horst the right to attend the sale and bid on the Mobile Home to protect his interest, by failing to give him notice of the time and place of sale. 34. Plaintiff alleges in Paragraph 15 of the complaint that it sold the Mobile Home on November 17, 2006, for a price of $30,150.00. 35. Based on the contract procured by Prudential Franklin Associates Realtors, the reasonable value of the Mobile Home was $53,650.00 as of November 9, 2005. 36. 69 P.S. Section 626, pertaining to deficiency judgments, requires plaintiff to credit Melvin Horst with the reasonable value of the Mobile Home. 37. Any loss incurred by plaintiff is the direct result of its own failure to sell the Mobile Home at its fair market value or even for reasonable value. 38. Any loss incurred by plaintiff is the direct result of its own failure to sell the Mobile Home to the purchaser under the contract procured by Prudential Franklin Associates Realtors. 39. Plaintiff has failed to state a valid claim against Melvin Horst upon which relief can be granted. WHEREFORE, defendant Melvin Horst demands dismissal of the complaint and that judgment be entered in his favor and against plaintiff. COUNTERCLAIM Further answering the complaint of plaintiff, Susquehanna Valley Federal Credit Union, answering defendant Melvin Horst, by and through his attorney, Joseph A. Macaluso, further says that he has causes of action against plaintiff Susquehanna Valley Federal Credit Union, as follows: COUNT I BREACH OF CONTRACT 40. Melvin Horst repeats and re-alleges the allegations of Paragraphs 20 through 39 inclusive of the new matter above as though the same were set forth in extenso. 41. According to the Paragraph 9 on the second page of the Agreement, plaintiff agreed that "We will give you notice of any public sale or the date after which a private sale will be held." 42. By failing to give Melvin Horst "notice of any public sale or the date after which a private sale will be held", plaintiff breached its contract with him. 43. As a direct result of the breach of contract by plaintiff, Melvin Horst has incurred and will continue to incur damages, to wit, he has been deprived of the right to attend the sale and bid on the Mobile Home to protect his interest, he has been deprived of the right to have the "reasonable value" of the Mobile Home credited to him, plus he has incurred and will continue to incur expenses for attorneys fees to enforce his rights under the Agreement. 44. Had Melvin Horst been given notice of the sale, he would have been able to bid at the sale to be sure the Mobile Home would be sold for its fair market value, or at least he would have been able to bid and purchase the Mobile Home then re-sell it for its fair market value. 45. Melvin Horst is entitled to be put in the same position he would have occupied had plaintiff performed its obligations under the contract. 46. As of November 17, 2006, the date of sale of the Mobile Home by plaintiff, the remaining principal balance due on the Mobile Home loan, immediately prior to the sale, had been reduced from the original principal balance in the amount of $38,700.00 by reason of payments by co-defendant Stephen Horst, although plaintiff has not given Melvin Horst notice of the principal balance due immediately prior to sale, or an itemization of the costs of sale. 47. Melvin Horst has incurred damages as a direct result of plaintiffs breach of contract, to wit: loss of the difference between (a) the fair market value of the Mobile Home as of November 17, 2006, which Melvin Horst reasonably believes, and therefore avers, was in excess of $50,000.00, and (b) the principal balance due on the Mobile Home loan of $11,034.27, plus interest and other charges due according to the Agreement. 48. Plaintiff is liable to Melvin Horst for damages for breach of contract WHEREFORE, defendant Melvin Horst demands judgment in his favor and against plaintiff for monetary damages, together with interest and costs of suit, being less than the jurisdictional amount requiring arbitration referral by local rule, and for such other relief as the Court may deem proper. COUNT II CLAIM FOR CREDIT FOR THE REASONABLE VALUE OF THE MOBILE HOME PURSUANT TO 69 P.S. SECTION 626 49. Melvin Horst repeats and re-alleges the allegations of Paragraphs 20 through 39 inclusive, and Paragraphs 46 and 47 of the new matter above as though the same were set forth in extenso. 50. Pursuant to 69 P.S. Section 626, pertaining to deficiency judgments: "buyer may have the reasonable value of the motor vehicle at the time of resale, determined in any action or proceeding brought by the seller or holder to recover the deficiency, the resale price being prima facie, but not conclusive evidence, of such reasonable value and the said reasonable value, as determined, or the resale price, whichever shall be higher, shall be credited to the buyer on account of his indebtedness." 51. Plaintiff has failed to credit Melvin Horst with the "reasonable value" of the Mobile Home pursuant to 69 P.S. Section 626, being in excess of $50,000.00, and plaintiff has instead credited Melvin Horst with the amount of $30,150.00, being substantially below the "reasonable value." 52. Had plaintiff given Melvin Horst credit for the "reasonable value" of the Mobile Home, the loan balance and all charges due on the loan according to the Agreement would have been liquidated and a surplus would have been due to defendants. WHEREFORE, defendant Melvin Horst demands judgment in his favor and against plaintiff for monetary damages, together with interest and costs of suit, being less than the jurisdictional amount requiring arbitration referral by local rule, and for such other relief as the Court may deem proper. COUNT III FRAUDULENT REPRESENTATION 53. Melvin Horst repeats and re-alleges the allegations of Paragraphs 20 through 39 inclusive of the new matter above as though the same were set forth in extenso. 54. The statement by plaintiff in Paragraph 9 on the second page of the Agreement, that "We will give you notice of any public sale or the date after which a private sale will be held", constitutes material facts pertaining to the transaction between the parties. 55. At all times mentioned herein, plaintiff misrepresented to Melvin Horst that it would give him "notice of any public sale or the date after which a private sale will be held." 56. At all times mentioned herein, plaintiff failed to give Melvin Horst "notice of any public sale or the date after which a private sale will be held." 57. The misrepresentations of material facts by plaintiff to Melvin Horst as set forth in Paragraphs 54 through 56, inclusive, above constitute fraudulent misrepresentations. 58. Melvin Horst reasonably relied upon the misrepresentations by plaintiff as aforesaid, when he signed the Agreement. 59. The conduct of plaintiff in failing to give Melvin Horst "notice of any public sale or the date after which a private sale will be held" was outrageous, with bad motive, and with reckless indifference to the interests of Melvin Horst, who has incurred injury as a direct result of the fraudulent misrepresentations by plaintiff, to wit: loss of the difference between (a) the fair market value of the Mobile Home as of November 17, 2006, which Melvin Horst reasonably believes, and therefore avers, was in excess of $50,000.00, and (b) the principal balance due on the Mobile Home loan, plus interest and other charges due according to the Agreement. In addition, Melvin Horst has incurred and will continue to incur attorneys fees. WHEREFORE, defendant Melvin Horst demands judgment in his favor and against plaintiff for monetary damages, together with interest and costs of suit, plus punitive damages and reasonable attorneys fees, in an amount more than $25,000.00 and being more than the jurisdictional amount requiring arbitration referral by local rule, and for such other relief as the Court may deem proper. COUNT IV NEGLIGENT MISREPRESENTATION 60. Melvin Horst repeats and re-alleges the allegations of Paragraphs 20 through 39 inclusive, and Paragraphs 54 through 56 inclusive, and Paragraph 58, of the new matter above, as though the same were set forth in extenso. 61. Plaintiff owed Melvin Horst a duty not to make false representations to him. 62. The misrepresentations of material facts by plaintiff to Melvin Horst as set forth in Paragraphs 54 through 56, inclusive, of the new matter above, constitute negligent misrepresentations. 63. Plaintiff is liable to Melvin Horst for all pecuniary loss suffered as a consequence of the negligent misrepresentations, to wit: loss of the difference between (a) the fair market value of the Mobile Home as of November 17, 2006, which Melvin Horst reasonably believes, and therefore avers, was in excess of $50,000.00, and (b) the principal balance due on the Mobile Home loan, plus interest and other charges due according to the Agreement. WHEREFORE, defendant Melvin Horst demands judgment in his favor and against plaintiff for monetary damages, together with interest and costs of suit, being less than the jurisdictional amount requiring arbitration referral by local rule, and for such other relief as the Court may deem proper. COUNT V VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 64. Melvin Horst repeats and re-alleges the allegations of Paragraphs 20 through 39 inclusive, and Paragraphs 54 through 56 inclusive, and Paragraph 58, of the new matter above, as though the same were set forth in extenso. 65. The Mobile Home loan financing arrangements by plaintiff set forth in the Agreement constitute trade and commerce within the meaning of 73 P. S. Section 201- 2 (3). 66. Plaintiff engaged in "fraudulent conduct which creates a likelihood of confusion or of misunderstanding" within the meaning of 73 P. S. Section 201-2 (4)(xxi), by reason of the following: a. plaintiff represented to Melvin Horst in Paragraph 9 on the second page of the Agreement, that "We will give you notice of any public sale or the date after which a private sale will be held"; b. plaintiff failed to give Melvin Horst "notice of any public sale or the daW Aer which a private sale will be held." c. plaintiff instead sold the Mobile Home without notice to Melvin Horst and at a sale price of $31,150.00, which is substantially below the fair market value of the Mobile Home or even the reasonable value of approximately $50,000.00. 67. 73 P. S. Section 201-7 (b)(1) provides, interalia, that "(b) At the time of sale or contract the buyer shall be provided with: (1) A full completed receipt or copy of any contract pertaining to such sale...". 68. Plaintiff failed to provide Melvin Horst with a copy of the Agreement at the time of purchase of the Mobile Home by defendants, despite the acknowledgement of receipt of same in the Agreement. See the affidavit of Melvin Horst attached hereto as Exhibit B. 69. Melvin Horst, through his attorney, made written request to plaintiff for copies of the contract documents and an itemization of costs of sale by letter dated December 7, 2006, a copy whereof is attached hereto as Exhibit C; however, plaintiff failed and/or refused to comply with said request and did not forward copies of the contract documents to Melvin Horst or an itemization of costs of sale. 70. Plaintiff engaged in "fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding" within the meaning of 73 P. S. Section 201-2 (4)(xxi), by reason of failure to provide Melvin Horst with a copy of the Agreement or itemization of costs of sale. 71. Plaintiff is a creditor/debt collector as defined in 37 Pa. Code Section 303.2. 72. Plaintiff is liable to Melvin Horst for treble damages and reasonable attorney fees pursuant to 73 P. S. Section 201-9.2. WHEREFORE, defendant Melvin Horst demands judgment in his favor and against plaintiff for treble damages, together with interest thereon, costs of suit, and reasonable attorney's fees in an amount more than $25,000.00 and being more than the jurisdictional amount requiring arbitration referral by local rule, and for such other relief as the Court may deem proper. Respectfully submitted, Jose h X Macaftrk Esq. Supr me Court I.D. # 38262 ttor y for Defendant Melvin Horst P. ox 83 Orrstown, PA 17244 (717) 532-4832 VERIFICATION I, Melvin Horst, verify that the statements made in the foregoing answer, new matter, and counterclaim are true and accurate to the best of my personal knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Melvin Horst CERTIFICATE OF SERVICE I hereby certify that on February 9, 2007, 1 caused to be served a true and correct copy of the answer, new matter, and counterclaim of defendant Melvin Horst by first class mail, postage prepaid, addressed to the following individual: Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: February 9, 2007 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-R This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). S tROKER .ICENSEE(S) zz:b AL L IROKER IS THE AGENT FOR SELLER lroker is NOT the Agent for Seller and is a/an: - 412-2- Agent? ? Yes ? No OR (if decked below): ? AGENT FOR BUYER ? TRANSACTION LICENSEE %S I IROKER JCENSEE(S) o 3ROKER IS THE AGENT FOR BUYER OR (if checke Iroker is NOT the Agent for Buyer and is a/an: ? AGENT FOR c. BROKER Agent? ? Yes ? No SUBAGENT FOR SELLER ? TRANSACTION LICENSEE Yhen the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are xparate Designated Agents for Buyer, and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. _. - .:.. --- ., n_._. _ I. Tbiz Zfam ltEttty dated q 0 t v y 5 , is between SELLER(S): , called "Seller," and BUYER(S) At r itc --TIN )%I 0* 5.5 a. , called "Buyer." 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece of ground with uildin and improvement thereon erected, if any, known as: D+ M r1 ?. in the of Qtin Countyof t C! o.n/ . in the Co onwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel Lot, Block; Deed Book, Page, R?rding Date): -_. 3._ (A) Purchase Price y 1 ' 2 3 4 5 6 7 6 9 10 11 12 13 14 15 U.S. Dollars, 3. $ 20 4. Cash or cashier's check at time of settlement: $ 221 TOTAL $ ?? J\ (B) Deposits paid by Buyer within _ 30 DAYS of settlement will be by cash or cashier's check Deposits, regardless of the form c payment and 23 the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 24 which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: 2. Cash or check within days of the execution of this Agreement: , who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any check tendered as deposit monies may be held uncashed pending the acceptance of this Agreement.$ f fQ d 6 3?- (C) Seller's written approval to be on or before: (D) Settlement to be on , or before if Buyer and Seller agree. (E) Settlement will occur in the county where the Property is 1 ated or in an adjacent county, during normal business hours, unless Buyer and Seller agree otherwise. (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stat- ed here: Buyer Initials: A/S-R Page 1 of 10 Seller Initials: Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS* 2005 Penasylvanla Association of 9/05 113 REALTORS® VV ?TOQ* h) t fsr'?, 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4. 1'lA.l UtCC.J 6c rl'.141v1VAL YxVYL? Kl I t]r?) v[ (A)' INCLUDED in this sale are all existing items peimaoemly installed in the Property, free of liens, including plumbing; heating; lighti ng fix- 43 tures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- 44 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- 45 tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; 46 window covering hardware, shades and bljpdsZawnings; built-in aiLonotiotlers; built-ip appliancesywd the range/oven,unless otherwise 47 ted Also eluded: `?TUVG t 42 1 9- 'TU 1 48 I 49 (B) LEASED items (not owned by Seller): 50 51 (C) EXCLUDED fixtures and items: 52 53 5. DATES/TIME IS OF THE ESSENCE (9-05) 54 (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence 55 6. and are binding. 56 (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- 57 cuted and including the last day of the time period The Execution Date of this Agreement is the date when Buyer and Seller have indicated 58 full acceptance of this Agreement by signing and/or initialing iL All changes to this Agreement should be initialed and dated. 59 (C) The settlement date is not extended by any other p vision of this Agreement and may only be extended by mutual written agreement of the parties. 6o (D) Certain time periods are pre-prinbgd in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable an d ma a changed by strilang o»t.the texCnid insetting a dill t time 'A table to all art 60 S MO GE CONTINGENCY (9.05) v?-r ?,,e4, 0?! Lk ?s D. This sale is NOT agent on mortgage fioncir althotugh Buyer may still obtain mor age financing. ter l?'' D. (A " sale is contingent upon Buyer obtaining'mortgagc financing as follows: First Mortgage on the Property Second Mortgage on the Property 67 Loan Amount $ Loan Amotint' S 68 Minimum ern years Minimum Term ye ss Type of nor age f Type.ofmortgage 70 Mortgage interest rate %; however, Bayer interest rate as may be mmitted by the n exceed a maximum interest of Y. Discount points, loan originati , oan placement and other by the lender as a percentage of the loan (Cwhading gage insurance premiums or VA foe) not to (00/o if not specified) a mortgage loan. The interest rate(s) and fee(s) provisions in 6 (A) are se and fee(s) at or below the maximum levels state& gives lender(s), to contribute financially, without promise of available to Buyer. (B) Within days (10 if not specified) firm the cation for the mortgage terms stated above to the lender(s),of Buyer's choice. Broker lot Bnye; lender(s) to assist in the mortgage loan (C) Should Buyer furnish false or incomplete the to Mortgage lender mort by 5e,dte %; however, Buyer agrees to accept the as ay be committed by the mortgage lender, not to um interest rate of %. nts, loan origination, loan placement and other fees charged r as a percentageof the mortgage loan (excluding any mort- insurance premiums or VA funding fee) not to exceed % (00% if not specified) of the mortgage loan. Cif the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) the right, at Seller's sole option and as permitted by law and the mortgage to the Buyer and/or the mortgage lender(s) to make the above mortgage terms Date of this Agreement, Buyer will make a completed, written mortgage appli- identified in paragraph:6 (A), if any, otherwise to a responsible mortgage any, otherwise ker for Seller, is authorized to communicate with the mortgage 71 72 73 74 75 76 77 78 79 so 81 82 83 84 85 86 87 88 to. Seller, Broke , or the, mortgage lender(s) concerning Buyer's legal or 89 financial status, or fail to cooperate in faiith in processing the mortgage application, which results in the mortgage lender(s) 9o refusing to approve a mortgage loan t, Bayerwill be in default of t ' Agreement. 91 (D) 1. Mortgage commitment date: . If Seller does not a copy of Buyer's mortgage commitment(s) by this 92 date, Buyer and Seller agree to the mwtgrtge commitment date until Seller to ' tes this Agreement by written notice to Buyer. 93 2. Upon receiving a mortgage Buyer will promptly deliver a copy of the commi t to Seller. 94 3. 1,A y terminate this A in writing after the mortgage commitment date, if the mort a commitment(s): 95 t valid until th of settlement, OR 96 nditioned the We and sddement of any other property, OR 97 C. s not all the mortgage teams as stated in paragraph 6 (A), OR ye ains other condition not specified in this Agreement that is not satisfied and/or removed in writin by the mortgage lender(s) 99 in DAYS after the mortgage commitment date m paragraph 6 (D) (1), other than those conditions that are customari- too ' ed ai or near settlement, such as obtaining insurance and confirming employment status. 101 4. Ient is terminated parsuaert m paragraphs 6 (D) (1) or (3), a the mortgage loan(s) is not obtained for settlement all deposit monies 102 rned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs incurred 103 bfor any inspections or certifi ations obtained according to the teams of this Agreement, and any costs incurred by Buyer for: (1) Title 104 s , inanrance and/or mechanics' liea fimmanee, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extended cov- 105 erage, min subsi ence " ance- or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 106 Buyer Initials A/S-R Page 2.of 10 Seller Initials: .S r 107 Revised 9/05 (E) If the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within - 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within _5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller, permission and access may not be unreasonably withheld by Seller, OR b. T this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 0 of this Agreement (F) Selle NOT BLE APPLICA ? APPLICABLE. Seller will pay: ? S , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obli giled toontpktfhe purchase of the Pyvperty described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise uyer has been given, in accordai th HUD/FHA or VA requirements, a written statement by the Federal Housing Co oner, Veterans Administration, or a Direct setting forth the appraised value of the Property of not less (the dollar amount to be inserted is the sales as stated in this Agreement). Buyer will have the and option of proceeding with consummation of the contract without regard to the t of the appraised valuation. The sea valuation is arrived at to determine the maximum mort- gage the Department of Housing and Urban o will ' does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price an of the Property are acceptable. Winning: Section 1010 of Title of. U.S.C., De t of and Urban Development and Federal Housing Administration Transactions, provides,, "Whoever for the p e of ... influencing in any a action of such Department, makes, passes, utters or publishes airy statement, knowing the a to be.false ... shall be fined undo this tie 'coned not more than two years, or both." (Ii) U.S. Department of Housing rban Development (HUD) NOTICE TO PURCHASE is Acknowledgement ? Buyer has receiv_rklSe HUD Notice "ForYour Protection: Get a Home Inspection." Buyer understa a importance of getting an inrah home inspection and has thought about this before signing this Agreement Buyer understanHA will not perfo inspection nor guarantee the price or condition of the Property. . (1) Ce n undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are to -the best of our knowledge and ;belief; and that any other agreement catered into by any of-these parties in connection with this ?. trnsacdon is attached to this Agreement 106 109 110 111 112 113 114 115 116 117 116 114 120 121 122 123 124 125 126 127 126 129 130 131 132 133 134 135 136 137 138 139 140 141 142 7. WAIVER OF CONTINGENCIES (9-05) 143 If this Agreement is contingent on Buyer's right to inspect and/or repair. the Property, or to verify insurability, environmental conditions, 144 boundaries, certifications, zoning classification or use, or any other information, regarding the Property, Buyer's failure to exercise any of 145 Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to 146 the RELEASE in paragraph 27 of this Agreement. 147 8. PROPERTY INSURANCE AVAILABILITY (9-05) 148 O AIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may 149 V ll Obtain property and casualty insurance. 150 ECTE D. Contingency Period: -0- DAYS (15 if not specified) from the Execution Date of this Agreement 151 Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker 152 for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain 153 property and casualty insurance for the Property . on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency 154 Period: 155 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 156 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 157 Agreement, OR 156 (C) Enter into a mutually acceptable written agreement with Seller. 159 If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by 166 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement 161 9. INSPECTIONS (9-05) 162 (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- 163 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mort- 164 gage lender(s). Buyer may attend any inspections. 165 (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision 166 of this Agreement 157 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. 166 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 169 (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 170 Buyer Initials: A9 ?? ?_ A/S-R Page 3 of 10 Seller Initials: -s 171 10. INSPECTION CONTINGENCY OPTIONS (9-05): The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement. Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement,. as acceptable to the mortgage lender(s), if any. If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a. Written Corrective Proposal ("Proposal') listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop- erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by a contractor selected by Buyer. , a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: Proposah (2) Credit Buyer at settlement for the costs to satisfy the terms of Buyers Proposal; as acceptable to the mortgage lender(s), if any, OR (3) Not satisfy the terms -of Buyer's Proposal and not credit Buyef dtsetdwnt forthe costs to satisfy the tcrtns of Buyer's Proposal. b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. C. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails to choose any option within the time:glven Buyer'will, ivithin days (S if not specified); (1) Accept the Property with the information stated in the report(s) and agree,to the RELEASE. in paragraph 27 of this Agreement, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- graph 30 of.this Agreement, OR (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement, as acceptable to the mortgage,lerider(s), if any... If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- minate'this Agreement by. written' notice twSeller within that time, Buyer wrnf accept the Property and agree to the RELEASE in paragraph. 27 of this Agreement. 11. PROPERTY INSPECTION CONTINGENCY (945) (See Property and Environmental. Inspection Notices). Buyer understands that property inspections, certifications and/or investigations can be performed by professional; contractors, home inspectors, engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restric : ns or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for ons, certifications and/or investigations that are not waived or altered by Buyer's election here. WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- ly licensed or otherwise qualified professionals. If Buyer elects. to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: (B) If Buyer is not satisfied with th n lowing Options as listed in pars ? Option 1 ? Option 2 For the oses of 172 73 174 175 75 177 178 179 180 161 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 229 the Contingency Period: ?y 230 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 231 th LEASE in paragraph 27 o is Agreement if the total cost to correct the conditions stated in the report(s) is less than 232 ($0 if not specified) a "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 233 apply, except that Seller will be deeme have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 234 or offer credits such that the cumulative cos any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 Buyer Initials: A/S-R Page 4 of 10 Seller Initials: A? 236 Revised 9/05 7 3 a 12. WOOD INFESTATION INSPECTION CONTINGENCY (9-05) 237 ? WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspector certified as a wood-destroying pests pesti- 236 e applicator. BUYER WAIVES ON and agrees to the RELEASE in paragraph 27 of this Agreement 239 ELECT ED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 240 (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" 241 from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- 242 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, 243 and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 244 of all structures on the Property except fences and the following structures, which will not be inspected: 245 246 (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a Proposal from a wood- 247 destroying pests pesticide applicator to treat the Property. 248 (C) If the inspection reveals damage from active or previous infestation(s); Buyer, at Buyer's expense, may within the Contingency Period, obtain 249 a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused 250 by wood-destroying organisms and a Proposal to repair and/or treat the Property . 251 (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 252 lowing Options as listed in paragraph 10 within the Contingency Period: 253 ? Option 1 254 ? - Option 2 255 13. STATUS OF RADON (9-05) (see Information Regarding Radon) 256 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: 257 ?. 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 256 results of all tests indicated below:.: 259 DATE TYPE OF TEST RESULTS (picoCunes/liter or working levels) 260 261 262 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 263 DATE RADON REDUCTION METHOD` 264 265 ,.: :.:. 266 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 267 EITHER THE METHODS OR REST JLTS.OF THE TESTS. 268 (B) 1 INSPECTION CONTINGENCY 269 6??// WAIVED:•Buyer has the option: to have the Propertyinspected for radon by, acertified inspector BTJYER WAIVES THIS OPTION and 270 agrees to the RELEASE in paragraph 27 of this Agreement. 271 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 272 Within the Contingency Period, Buyer; at.Buyer's expense; may: obtain.,s radon test of the.Property from wcertified inspector. If Seller 273 performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a property licensed and 274 certified radon mitigation company. ? 275 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pq&), Buyer accepts the 276 Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2" 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will 278 proceed under, one of the following Options as listed in paragraph 10 within the Contingency Period: 279 ? Option 1 280 ? Option .2 281 14. STATUS OF R (94)5) 282 (A) Sell is that the Property is served by: 283 Public Water 284 ? On-site Water 265 ? Community Water 286 ? None 287 ? 268 (B) W ERVICE INSPECTION CONTINGENCY 269 WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 29o THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 291 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement 292 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 293 tem from a property licensed or otherwise qualified water/well testing company. 2% 2. If required by the inspection company, -Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water 295 system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 296 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under 257 one of the following Options as listed in paragraph 10 within the Contingency Period: 298 ? Option 1 299 ? Option 2 300 Buyer Initials: A/S-R Page 5 of 10 Seller Initials: S + 301 z7w 15. STATUS OF WER (9-05) (A) Sell represents that the Property is served by: Public Sewer ? Individual On-lot Sewage Disposal System (see Sewage Notice 1) ? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) ? Community Sewage Disposal System ? Ten-Acre Permit Exemption (see Sewage Notice 2) ? Holding Tank (see Sewage Notice 3) ? None (see Sewage Notice 1) 16. 17 18. 302 303 304 305 306 307 308 309 310 ? None A ailable/Pemmit Limitations in Effect (see Sewage Notice 5) 311 ? 312 (B) IN UAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 313 WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 314 WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 315 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 316 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal sys- 317 tern from a qualified; professional inspector. 318 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- 319 lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement. 320 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 321 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 322 ? Option 1 323 ?'' Option 2 324 4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 325 within _ 25 DAYS of receiving. the inspection report, submit a Written Corrective Proposal ("Proposal''-') to Buyer. The Proposal 326 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, includ- 327 ing retests; and a projected completion date for corrective measures. Within _ 5 DAYS of receiving Seller's Proposal, or if no 328 Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 329 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 330 this Agreement, OR 331 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 332 graph 30 of this Agreement. 333 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 334 any mortgage lender and/or any governmental authority, correct the defects before settlement or within the time required by the 335 mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by 336 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337 rect the defects, Buyer may,. within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all 338 deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 339 HOME WARRANTIES (9-05) 340 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and 341 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 342 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343 Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344 home warranty may possibly receive a fee paid by the home warranty company. 345 ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05) 346 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable) is 347 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits 348 tendered by the Buyer we remMed the_ B 14ywithout any requirement for court action. 349 Zoning Classification: CSI 350 (B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement. 351 Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( ) 352 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 353 notice that the present use of the Property is not permitted and that Buyer will: 354 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 355 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 356 this Agreement. 357 If Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 358 time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement 359 NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) 360 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments 361 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller 362 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 363 rected, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise 364 specified here: 365 (B) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 366 367 Buyer Initials: A/S-R Page 6 of 10 Seller Initials: J 49 - 368 jp, 369 (C) In the event any notices (including violations) and/or assessments are received after Seller has signed this Agreement and before settlement, 370 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving the 371 notices and/or assessments that Seller will: ` 372 1. Fully comply with the notices and/or assessments at Seller's expense before settlement If Seller fully complies with the notices and/or 373 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agre oncaL OR 374 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 375 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within ?5 DAYS that Buyer will: 376 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 377 this Agreement, OR. 379 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 379 30 of tbis Agreement 360 If Buyer 6dls tD respond within the time stated is paragraph 18 (C) (2) or falls to terminate this Agreement by written notice to 381 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 382 (D) If required by law, within _ 30 DAYS from the Execution Date of this Agreement, but in no case later than IS days prior to settlement, Seller 383 will order at Seller's expense a ratification from The appropriate municipal deparmrent(s) disclosing notice of an `namected violations of wn- 184 rag, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any 05 required repauslimpnovements, Buyer will promptly deliver a copy of the notice to Seller 386 1. Within 5 DAB'S of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in writ' .87 ing that Seller will: M a Make the required repaits/improvements t0 die satisfaction of the municipality. If Seller makes the required repairs/improvcmcnts, s9 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement OR y0 b. Not make the required repairshmprovements. If Seller chooses not to make the required repairVimpovements, Buyer will notify .91 Seller in writing within _ 5 DAYS that Buyer will: 92 (1) Make the repaWimpmvements at Buyer's expense, with permission and access to the Property given by Seller, which will not 93 be unreasonably withheld, OR 94 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 45 graph 30 of this Agreement. 96 If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) o[ fails to terminate this Agreement by written notice 97 to Seller within dhat time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of thisAgreement, and Buyer 98 accepts the responsibility to perform the repairsAmprovements according to the terms of the notice provided by the municipality. 9s 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make D0 the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit 01 monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 32 3. If repairs/improvemFats are required and Seller fails to provide a.copy of the notm to Buyer as required in paragraph 18 (D), Seller will 33 perform all repaus/improvemeots as required by the notice at Seller's expense. Paragraph 18 (D) (3) -4 survive setdem L A (E) Access to a public road may require issuance of a highway occupancy permit -from the Department of Thus ortatlm. 35 19. TITLE, SURVEYS & COST'S (9-05) A (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title i ce:company at the regular rates, free and P clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the follywing;-existing deed restrictions; bistexic preservation 3n. restrictions or ordinances; building restrictions; ordinances; casements of roads; easements visible upon den ground; easements of record; and )9 privileges or rights of public service companies, if any 10 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee far cancellation; n (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and ;2 charges paid in advance to mortgage lender(s);. (4) Buyer's customary settlement costs and accruals. 3 (C) Any survey or surveys required by the title -ce company or the abstracting attorney for preparing an adequate legal description of the 4 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desuod by Buyer or required by the mortgage 5 lender will be obtained and paid for by Buyer. 6 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified 7 in paragraph 19 (A), Buyer will: 8 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 9 Agreement, OR 0 2. Terminate this Agreement by written notice to Seller, with all deposit monies manned to Buyer according to the terms of paragraph 30 of 1 this Agreement Upon termination, Seller will reimburse Buyer for any costs marred by Buyer for my inspections or catificaboos obtained 2 according to the terns of this Agreement, and for those items specified in paragraph 19 (B) items (I? (21(3) and in paragraph 19 (C). 3 (E) The Property is not a "rational cabin" as defined in the Pennsylvania Construction Code Act unless athawise stated hoe (sec Infomostion 4 ?? R?'?p°g Recreational Cabins): 5 20. 00>16OMDrl1UM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE 0-05) 5 / NOT APPLICABLE 7 ? APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 3 Uniform Condominium Act of Pennsylvania (see Information Regarding Coodommmins'end Planned Communities) requires Seller to furnish 3 Buyer with a Certificate of Resale and copies of the condominitun declaration (other than plats and plans), the bylaws and the mks and regula- tions of the association. ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Ile Property a part of a planned co®rmity as defined by the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act regimes Seller to famish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and a Certificate containing the provisions set forth in §5407(a) of the Act Buyer Lritials: A/S-R Page 7 of 10 Seller luitiab: Ji Revised 9/05 369 370 371 372 373 374 375 376 3n 378 379 368 381 382 383 384 385 386 367 368 399 390 391 392 393 394 3% 396 397 3% 399 400 401 402 403 404 405 406 407 406 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 4n 429 430 431 432 433 434 435 6 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 436 7 (A) Within 15- DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of 437 8 Resale an ther documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association ' o 436 9 provide these docum ithin 10 days of Seller's request. 439 3 (B) Seller will promptly deliver to l documents received from the association. Under the Ac knot liable to Buyer for the failure of "0 I the association to provide the Certificate in a atlner, nor is Seller liable t-ye or any incorrect information provided by the associ- 441 ation in the Certificate. - ?~ 442 The Act provides that Buyer may declare this AgreeRothe V any time Buyer receives the association documents and for 5 days after 443 receipt, OR until settlement, whichever occurs . er's notice to Seller must be I 'ng; upon Buyer declaring this Agreement void, all 444 s deposit monies will be returned to rding terms of paragraph 30 of this Agreeme 445 6 (D) If the association has the ' uy the Property (right of first refusal), and the association exercises th at Seller will reimburse Buyer for 446 7 any costs inc uyer for any inspections or certifications obtained according to the terms of the Agreement, anosts incurred by Buyer 441 a for: (1 a search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or ce with 448 9 extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage s). 449 0 21. MAINTENANCE & RISK OF LOSS (9-05) I (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 451 2 wear and tear excepted. 452 3 (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 4 1. Repair or replace the failed system or appliance before settlement, OR 454 5 2. Provide prompt written notice to Buyer of Seller's decision to: 455 6 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage tender(s), if any, OR 456 7 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 457 8 or appliance. 458 9 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 459 0 fy Buyer of Seller's choice, Buyer will notify Seller in writing within _5 DAYS or before settlement, whichever is earlier, that Buyer 460 1 will: 461 t a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 462 3 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 4 30 of this Agreement 464 6 (C) Seller bears the risk of loss from fire or other casualties until settlement If arty property included in this sale is destroyed and not replaced, Buyer will: 465 s 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466 t 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 3 this Agreement 468 I 22. COAL NOTICE (Where Applicable) 469 y THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 470 I DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 471 ! IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 472 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 473 I right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 474 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 475 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of Apri127, 1966." Buyer agrees 476 to sign the deed from Seller which deed will contain the aforesaid provision. 477 23. POSSESSION (9-05) 478 (A) Possession is to be delivered by deed, keys and: 479 480 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is ]eased at 481 the execution of this Agreement, unless otherwise stated in this Agreement. 482 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 493 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 484 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record 485 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement 486 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 487 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seiler unless other- 488 wise stated in this Agreement. 489 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) 490 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 491 Commonwealth of Pennsylvania. 492 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 493 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 494 27. RELEASE (9-05) 495 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 496 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and 497 all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether 498 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 499 indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water serv- 500 ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any 501 seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law 502 or equity. This release wia a settlement 503 Buyer Initials: 7 A/S-R Page 8 of 10 Seller Initials: _, 504 28. REPRESENTATIONS (9-05) 505 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seiler, Brokers, their licensees, employ- 506 ees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the 5o7 whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral 5o8 or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing 509 executed by the parties. 510 (B) Unless otherwise stated In this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically s11 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT 512 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 513 ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 514 the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 515 any of the systems contained therein. 516 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 517 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 516 29. DEFAULT (9-05) 519 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 520 1. Fail to make any additional payments as specified in paragraph 3, OR 521 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 financial status, OR 523 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 524 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 525 1. On account of purchase price, OR 526 2. As monies to be applied to Seller's damages, OR 527 3. As liquidated damages for such breach. 528 (C) ? SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 529 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 530 are released from firrther liability or obligation and this Agreement is VOID. 531 30. TERMINATION & RETURN OF DEPOSITS (9-05) 532 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 533 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534 ing to the terms of a fully executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real 535 Estate Commission. 536 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 537 tled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 536 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 539 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 540 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the partyjoining them. 541 31. REAL ESTATE RECOVERY FUND (9-05) 542 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 543 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 544 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (out- 545 side Pennsylvania). 546 32. MEDIATION (9-05) 547 (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 548 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through 549 mediation d signed by the parties will be binding (see Information Regarding Mediation). 550 (B) Buyer Seller have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. 551 (C) An greement to mediate disputes or claims arising from this Agreement will survive settlement. 552 (D) MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 553 but that there will be no obligation for any party to do so.' 554 33: RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) 555 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- 556 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your 557 Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the proper- 558 ty being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. 559 Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or 560 lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a 561 buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- 562 er agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint 563 hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is 564 required the seller. Housing built in 1978 or later is not subject to the Act. 565 El NOT APPLICABLE. Property was built in 1978 or later. 566 ? APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection 567 Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer 568 the pamphlet Protect Your Family from Lead in Your Home. Buyer(s) must initial below that they have received both documents: 569 Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). 570 Protect Your Family from Lead in Your Home 571 U-- T..iKel?• ?l A /Cu P.- 0 of In Q.11- Tnifiole• S. u v c79 34. SPECIAL CLAUSES (1-02) (A) The following are part of this Agreement if checked: ? Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) (B) 573 574 ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 575 ? ?e pt-Occupied Addendum (P Form TOP) 576 p/ 577 ? 1 `? 578 ? 1 Q. 579 sa, _ ...? 582 / 583 44 5 tq ?O 4?) Z-L S` 584 585 586 J Sal 0 rm V C U e `T - 3,5 (,L LeC 1 " Buyer and Seller acknowledge receipt of a copy of this Agreement a 588 589 590 591 592 593 594 595 596 597 ile of signing. 598 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 599 an attorney before signing if they desire legal advice. 600 Return by facsimile. transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes accep ee by the parties. r has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. yer has received a statement of Buyer's estimated closing costs before signing this Agreement. Buyer has read and understands the notices and explanatory information in this Agreement. uyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding the Real Estate Seller Disclosure Law). Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this Agreement. rti BUYER'S BUYER DATE BUYER r DATE t QS_ BUYER DATE Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. Seller has received a statement of Seller's estimated closing costs before signing this Agreement. Seller has read and understands the notices and explanatory information in this Agreement. SELLER'S MAILING ADDRESS: WITNESS SELLER 45;? //41A/7 DATE WITNESS SELLER DATE WITNESS SELLER DATE A/S-R Page 10 of 10 Revised 9/05 SELLER'S COPY 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff, No. 07 - 104 V. MELVIN HORST and STEPHEN HORST, Defendants, AFFIDAVIT The undersigned, Melvin H. Horst, residing at 2895 Paxton Court, Chambersburg, PA 17201, being of full age and sound mind, and having affirmed according to law, state to the best of my knowledge, information and belief as follows: 1. 1 am a defendant in this case and am familiar with the facts. 2. On or about February 23, 2004, 1 signed a Loan and Security Agreement (hereinafter called the "Agreement") for my son, co-defendant Stephen Horst, to purchase a 1993 Fleetwood Mobile Home, Title No. 45602316308 (hereinafter called the "Mobile Home"), because Susquehanna Valley Federal Credit Union required a co- signer on the loan. 3. 1 never received a copy of the Agreement from Susquehanna Valley Federal Credit Union. 4. I never received any notice from Susquehanna Valley Federal Credit Union of a public sale or private sale of the Mobile Home prior to November 16, 2006. Melvin H. Horst Affirmed before me this r' day of February, 2007 4AVLMM-acaluso, Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy L. Macaluso, Notary Public Southampton Twp., Franklin County My Commission Expires Oct. 16, 2008 JOSEPH A. MACALUSO Attorney at Law P.O. Box 83 Orrstown, PA 17244 Admitted to Practice in PA, NJ and NY December 7, 2006 Susquehanna Valley Federal Credit Union Attn.: Matt White, Collections Manager 3850 Hartzdale Drive Camp Hill, PA 17011-7809 Re: Melvin H. Horst 1993 Fleetwood Mobile Home Title No. 45602316308 Dear Mr. White: (717) 532-4832 I represent Melvin H. Horst. My client has furnished me with a copy of your letter to him dated November 20, 2006, in connection with the above-referenced matter. Apparently, he either co-signed or signed a guarantee on a loan made by Susquehanna Valley Federal Credit Union for his son to purchase this mobile home, and subsequently a default, repossession, and resale occurred. Mr. Horst. advises that he never received copies of any documents relating to this loan, and so he is unsure of the precise basis of any potential liability on his part. Accordingly, we request that you provide him with copies of any document(s) which he signed that form the grounds for your demand for payment from him. More importantly, Mr. Horst advises that he never received any notice of default, repossession, or resale, so we request that you also provide copies of same if it is your position that these were sent to him. Further, 69 P.S. Section 626 pertains to deficiency judgments and provides in part that: "buyer may have the reasonable value of the motor vehicle at the time of resale, determined in any action or proceeding brought by the seller or holder to recover the deficiency, the resale price being prima facie, but not conclusive evidence, of such reasonable value and the said reasonable value, as determined, or the resale price, whichever shall be higher, shall be credited to Joseph A. Macaluso December 7, 2006 Page 2 the buyer on account of his indebtedness." Mr. Horst maintains that his son, through a real estate agent, prior to the resale, procured a purchaser and signed contract for the mobile home for a purchase price in the amount of $53,400.00. This is well above the loan balance, which your letter states was $41,184.27. Mr. Horst believes that the contract reflects the "reasonable value" of the mobile home, and that if it had been sold for reasonable value, there would not have been any deficiency and there may have been a surplus. Your letter indicates that the proceeds of the sale were $30,150.00, though no itemization is given of gross sales price or costs of sale. Thus, the manner in which this sale was conducted and the actual sale price remain unknown to Mr. Horst. As you may imagine, this greatly concerns Mr. Horst, and so he requests confirmation of how the sale was conducted, the gross sales price, and an itemization of costs of sale. Under the circumstances, Mr. Horst must insist on receiving the requested information before taking any action to protect his interests. Sin*rely, Josebh A. Macaluso N 'R_I - C7 kZ) r SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MELVIN HORST and STEPHEN HORST, Defendants NO. 07 - 104 CIVIL TERM CIVIL ACTION - LAW TO: Stephen Horst 37 South Allison Street Greecastle, PA 17225 DATE OF NOTICE: February 27, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONA AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 -OW Respectfully submitted, BY: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Joseph A. Macaluso, Esquire P.O. Box 83 Orrstown, PA 17244 Stephen Horst 37 South Allison Street Greencastle, PA 17225 BY Date: February 27, 2007 G;D 0 ; -T -t c?D ' - CD ,. I_ i SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MELVIN HORST and STEPHEN HORST, Defendants NO. 07 - 104 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER WITH NEW MATTER TO DEFENDANT MELVIN HORST'S COUNTERCLAIMS To: Melvin Horst c/o Joseph A. Macaluso, Esquire P.O. Box 83 Orrstown, PA 17244 Notice to Plead YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Reply to New Matter 20. ADMITTED THAT DEFENDANT MELVIN HORST SIGNED EXHIBIT "A" OF THE COMPLAINT AS BORROWER I AND RECEIVED A COPY OF THE AGREEMENT. 21. DENIED. Plaintiff after reasonable inquiry is without knowledge to admit or deny the allegations in this paragraph and strict proof is demanded at time of trial. The means of proof of said allegation are within the exclusive control of Defendant. 22. DENIED. Plaintiff after reasonable inquiry is without knowledge to admit or deny the allegations in this paragraph and strict proof is demanded at time of trial. The means of proof of said allegation are within the exclusive control of Defendant. 23. DENIED. Plaintiff after reasonable inquiry is without knowledge to admit or deny the allegations in this paragraph and strict proof is demanded at time of trial. The means of proof of said allegation are within the exclusive control of Defendant. 24. DENIED. Defendant Melvin Horst received notices of delinquency on multiple occasions including written notices on January 18, 2005, February 18, 2005, March 15, 2005, April 18, 2005, July 15, 2005, September 15, 2005, and October 17, 2005. Defendant Melvin Horst received numerous telephone calls as well. 25. DENIED. Plaintiff after reasonable inquiry is without knowledge to admit or deny the allegations in this paragraph and strict proof is demanded at time of trial. The means of proof of said allegation are within the exclusive control of Defendant. 26. DENIED. Plaintiff did not oppose any sale of the mobile home. Upon information and belief the proposed buyers of the mobile home were not approved by the mobile home park as prospective lot renters in December 2005. 27. ADMITTED THAT EXHIBIT "A" TO THE COMPLAINT IS TRUE AND CORRECT. It is DENIED that the fair market value of the Mobile Home was $51,697.36 as of February 23, 2004 since the Purchase Agreement executed by Defendant Melvin Horst on February 12, 2004 to acquire the Mobile Home states that the purchase price was $43,000.00. See Exhibit "A" to Plaintiff's New Matter. 28. ADMITTED THAT THE AMOUNT LOANED TO DEFENDANT MELVIN HORST WAS $38,700.00. By way of further answer, Exhibit "A" of Plaintiff's New Matter shows that Defendant Melvin Horst made his Purchase Agreement contingent upon obtaining financing in the amount of $38,700.00 or 90% of the purchase price of $43,000.00. 29. DENIED. Plaintiff is without knowledge to know what Defendant Melvin Horst believed at the time of delinquency and strict proof is demanded at time of trial. By way of further answer, Defendant Melvin Horst knew that the purchase price of the Mobile Home was $43,000.00 on February 12, 2004 and not $51,697.36. 30. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff's New Matter which is incorporated by reference and set forth in ¶73 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 - more than 151 days before November 20, 2006. 31. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff's New Matter which is incorporated by reference and set forth in ¶73 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 - more than 151 days before November 20, 2006. See Exhibit "B" to Plaintiff's New Matter. 32. DENIED. Defendant Melvin Horst signed for a Notice of Repossession on June 22, 2006 by certified mail, return receipt requested. This Notice clearly stated that the Mobile Home would be sold "any time after July 6, 2006". Defendant failed to take any action and on November 20, 2006 he received another letter attached hereto as Exhibit "C" to Plaintiff's New Matter. 33. DENIED AS STATED. Defendant Melvin Horst was provided with all notices required by the parties' contract and he failed to take any action. 34. ADMITTED THAT THE PROCEEDS FROM THE MOBILE HOME SOLD ON NOVEMBER 17, 2006 TOTALED $30,150.00 AND THAT THIS SUM WAS APPLIED TO THE DEFENDANT'S OUTSTANDING BALANCE. 35. DENIED. The fair market value of the home owned by the Defendant and his son, co-defendant Stephen Horst, resulted in the Plaintiff receiving net sales proceeds of $30,150.00 on November 17, 2006. Plaintiff specifically denies that the fair market value of the collateral was $53,650.00. 36. DENIED. 69 P.S. Section 626 concerns the sale of a motor vehicle after repossession and does not concern deficiency judgments. 37. DENIED. Plaintiff was compelled to spend over $2,683.60 in delinquent lot rent and $1,347.38 in real estate taxes not paid by Defendants. Plaintiff solicited several offers for the Mobile Home and accepted the best offer which was not contingent upon other factors or which involved any form of an installment sales contract. Plaintiff's loss is the direct result of Defendants' failures to timely pay lot rent, taxes and the monthly payments due under the contract. 38. DENIED. Plaintiff was compelled to spend over $2,683.60 in delinquent lot rent and $1,347.38 in real estate taxes not paid by Defendants. Plaintiff solicited several offers for the Mobile Home and accepted the best offer which was not contingent upon other factors and did not involve any form of an installment sales contract. Plaintiff's loss is the direct result of Defendants' failures to timely pay lot rent, taxes and the monthly payments due under the contract. 39. DENIED AS A CONCLUSION OF LAW. Plaintiff has every right and intends to collect every dollar it is owed from Defendant Melvin Horst due to his failure to timely make payments under the Promissory Note or otherwise abide by that contract attached as Exhibit "A" to the Complaint. Plaintiff incorporates by reference its Complaint as though fully set forth. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Defendant's New Matter. Answer to Count I: Breach of Contract Counterclaim 40. DENIED AS STATED. Plaintiff incorporates by reference its responses to paragraph 20 through 39 as though fully set forth. 41. ADMITTED THAT PARAGRAPH 9 OF THE SECURITY AGREEMENT STATES "WE WILL GIVE YOU NOTICE OF ANY PUBLIC SALE OR THE DATE AFTER WHICH A PRIVATE SALE WILL BE HELD." 42. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff' s New Matter which is incorporated by reference and set forth in 173 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 which stated that "Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006.99 43. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiff has not breached any terms of the contract and Defendant's claim to the contrary is a knowing falsehood perpetrated on the Court. Plaintiff's loss is the direct result of Defendants' failures to timely pay lot rent, taxes and the monthly payments due under the contract. 44. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff's New Matter which is incorporated by reference and set forth in ¶73 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 which stated that "Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006. " By way of further explanation, Plaintiff is without knowledge to know if the Defendant would have bid on the collateral and strict proof is demanded at time of trial. 45. DENIED. Defendant was provided with written notice on June 22, 2006 which clearly informed him that the failure to act on his part would result in the "sale of the Mobile Home any time after July 6, 2006". It is expressly denied that Plaintiff breached any terms of the contract. 46. DENIED. Defendants had timely failed to pay lot rent, real estate taxes, principal or interest on the loan and these costs were greater than the original principal balance of $38,700.00. By way of further answer, account statements were sent to Defendant Stephen Horst and under the contract notice to one borrower constitutes notice to all borrowers. 47. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiff has not breached any terms of the contract and is owed 21,733.63 at 12.90% since January 3, 2007 and an award of its attorney fees incurred in this matter. Defendant's statement that the fair market value of the Mobile Home was in excess of $50,000.00 is expressly denied. It is admitted that the principal balance as of January 3, 2007 is $11,034.27 but Defendant also owes past due interest, per diem interest, past due lot rent, real estate taxes and attorneys fees bringing the total as of January 3, 2007 to $21,863.63. 48. DENIED AS STATED. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Count I of Defendant's Counterclaim. Answer to Count II: Claim for Credit on Reasonable Value of the Collateral Counterclaim 49. DENIED AS STATED. Plaintiff incorporates by reference its responses to paragraph 20 through 48 as though fully set forth. 50. DENIED. Defendant Melvin Horst has cited the incorrect paragraph of the law. He is quoting portions of 69 P.S. §627. Section 627 speaks for itself and Defendant's characterization is expressly denied. 51. DENIED. Section 627 clearly states that the "resale price" is "prima facie" evidence of the reasonable value of the Mobile Home. Plaintiff expressly denies that the Mobile Home's reasonable value was in excess of $50,000.00 and submits that the November 17, 2006 sale established the reasonable value of the Mobile Home. 52. DENIED. Section 627 clearly states that the "resale price" is "prima facie" evidence of the reasonable value of the Mobile Home. Plaintiff expressly denies that the Mobile Home's reasonable value was in excess of $50,000.00 and submits that the November 17, 2006 sale established the reasonable value of the Mobile Home leaving $21,863.63 owed the Plaintiff as of January 3, 2007. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Count II of Defendant's Counterclaim. Answer to Count III: Fraudulent Representation Counterclaim 53. DENIED AS STATED. Plaintiff incorporates by reference its responses to paragraph 20 through 52 as though fully set forth. 54. ADMITTED THAT EXHIBIT "A" TO THE COMPLAINT IS THE CONTRACT BETWEEN THE PARTIES AND THAT IT STATES "WE WILL GIVE YOU NOTICE OF ANY PUBLIC SALE OR THE DATE AFTER WHICH A PRIVATE SALE WILL BE HELD." Defendant's characterization that this is a "material fact" is a conclusion of law to which no response is required. 55. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff's New Matter which is incorporated by reference and set forth in 173 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 which stated that "Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006. " 56. DENIED. Defendant's allegation is a knowing falsehood for the reasons set forth in Plaintiff's New Matter which is incorporated by reference and set forth in ¶73 - ¶94. By way of further answer, Defendant signed for and received a Notice of Repossession on June 22, 2006 which stated that "Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006.31 57. DENIED. Defendant's allegation is a conclusion of law to which no response is required. If a response were required, it is expressly DENIED that Plaintiff made any fraudulent misrepresentation to the Defendant. To the contrary, it is the Defendant Melvin Horst who has perpetrated a knowing falsehood on this Honorable Court in light of the exhibits attached to Plaintiff's New Matter. Plaintiff incorporates by reference its New Matter to Counterclaims as though fully set forth. 58. DENIED AS STATED. Plaintiff is without knowledge to know upon what the Defendant relied. It is expressly ADMITTED that the Defendant Melvin Horst voluntarily signed the contract and that he received a copy on February 23, 2004. Plaintiff incorporates by reference its New Matter to Counterclaims as though fully set forth. 59. DENIED. Defendant's allegation is a conclusion of law to which no response is required. If a response were required, it is expressly DENIED that Plaintiff made any fraudulent misrepresentation to the Defendant. To the contrary, it is the Defendant Melvin Horst who has perpetrated a knowing falsehood on this Honorable Court in light of the exhibits attached to Plaintiff's New Matter. Plaintiff incorporates by reference its New Matter to Counterclaims as though fully set forth. Plaintiff expressly DENIES that Defendant has suffered any pecuniary loss as a result of the Plaintiff's actions. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Count III of Defendant's Counterclaim. Answer to Count IV: Negligent Misrepresentation Counterclaim 60. DENIED AS STATED. Plaintiff incorporates by reference its responses to paragraph 20 through 59 as though fully set forth. 61. ADMITTED THAT BOTH PARTIES OWED A DUTY TO ONE ANOTHER NOT TO MAKE FALSE REPRESENTATIONS. It is expressly DENIED that Plaintiff has made any false representations to anyone regarding this matter. 62. DENIED. Defendant's allegation is a conclusion of law to which no response is required. If a response were required, it is expressly DENIED that Plaintiff made any negligent misrepresentation to the Defendant. To the contrary, it is the Defendant Melvin Horst who has perpetrated a knowing falsehood on this Honorable Court in light of the exhibits attached to Plaintiff's New Matter. Plaintiff incorporates by reference its New Matter to Counterclaims as though fully set forth. 63. DENIED. Defendant's allegation is a conclusion of law to which no response is required. If a response were required, it is expressly DENIED that Plaintiff made any negligent misrepresentation to the Defendant. To the contrary, it is the Defendant Melvin Horst who has perpetrated a knowing falsehood on this Honorable Court in light of the exhibits attached to Plaintiff's New Matter. Plaintiff incorporates by reference its New Matter to Counterclaims as though fully set forth. Plaintiff expressly DENIES that Defendant has suffered any pecuniary loss as a result of the Plaintiff's actions. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Count IV of Defendant's Counterclaim. Answer to Count V: Unfair Trade Practices and Consumer Protection Law Counterclaim 64. DENIED AS STATED. Plaintiff incorporates by reference its responses to paragraph 20 through 63 as though fully set forth. 65. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff incorporates by reference its Complaint and New Matter including its Exhibits to these Counterclaims and states that it is in full compliance with all contractual and statutory requirements in this matter. 66. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff incorporates by reference its Complaint and New Matter including its Exhibits to these Counterclaims. Plaintiff categorically DENIES that it failed to give Melvin Horst notice of the date after which a private sale will be held. This allegation is a knowing falsehood perpetrated by Melvin Horst on this Honorable Court in light of Exhibit "B" to Plaintiff's New Matter. 67. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff incorporates by reference its Complaint and New Matter including its Exhibits to these Counterclaims. Plaintiff further ADMITS that the Defendant received a copy of the Agreement and that he acknowledged in writing that he had received such a copy on February 23, 2004. 68. DENIED. Plaintiff was provides a copy of the contract on February 23, 2004. Melvin Horst's Affidavit like his Verification to the Answer with New Matter and Counterclaims are knowingly false. 69. ADMITTED THAT PLAINTIFF RECEIVED THE LETTER DATED DECEMBER 7, 2006 AND THAT WITHIN THIRTY DAYS THE PRESENT CIVIL ACTION DETAILING THE PRINCIPAL BALANCE, INTEREST DUE, PER DIEM, PAST DUE LOT RENT, REAL ESTATE TAXES AND ATTORNEYS' FEES DUE UNDER THE CONTRACT AS WELL AS A COPY OF THE CONTRACT WAS FILED ON JANUARY 5, 2007. 70. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff has not engaged in fraudulent or deceptive conduct since Defendant Melvin Horst: (a) received a copy of the contract on February 23, 2004; (b) signed for a certified letter on June 22, 2006 which was the Notice of Repossession; (c) received via certified letter on November 24, 2006 a letter detailing the sales proceeds; and (d) is subject to Paragraph 1 I of the Contract which states that mailing documents such as account statements to one borrower is "notice to all" borrowers. 71. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff has fully complied with its contractual and statutory requirements in this matter. 72. DENIED AS A CONCLUSION OF LAW. If a response were required Plaintiff has fully complied with its contractual and statutory requirements in this matter. By way of further answer, Defendant Melvin Horst is entitled to no damages or counsel fees as he has perpetrated a fraud on this Honorable Court by denying the receipt of a Notice of Repossession by certified mail on June 22, 2006. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss with prejudice Count V of Defendant's Counterclaim. New Matter to Defendant's Counterclaims 73. Defendant Melvin Horst has repeatedly asserted under the criminal penalties of 18 Pa. C.S. §4904 the following: a. It is specifically denied that [Defendant Melvin Horst] received any notice of repossession from plaintiff. See ¶13 of Answer. b. Melvin Horst never received any notice of repossession or notice of sale of the Mobile Home from Plaintiff. See ¶31 of New Matter. C. Plaintiff has denied Melvin Horst the right to attend the sale and bid on the Mobile Home to protect his interest, by failing to give him notice of the time and place of sale. See ¶33 of New Matter. d. By failing to give Melvin Horst "notice of any public sale or the date after which a private sale will be held", plaintiff breached its contract with him. See 142 of Count I. e. At all times mentioned herein, plaintiff failed to give Melvin Horst "notice of any public sale or the date after which a private sale will be held." See ¶56 of Count III. f. The conduct of plaintiff in failing to give Melvin Horst "notice of any public sale or the date after which a private sale will be held" was outrageous, with bad motive, and with reckless indifference to the interest of Melvin Horst, who has incurred injury as a direct result of the fraudulent misrepresentations by plaintiff, to wit: loss of the difference between (a) the fair market value of the Mobile Home as of November 17, 2006, which Melvin Horst reasonably believes, and therefore avers, was in excess of $50,000.00, and (b) the principal balance due on the Mobile Home loan, plus interest and other charges due according to the Agreement. In addition, Melvin Horst has incurred and will continue to incur attorney's fees. See ¶59 of Count III. g. Plaintiff engaged in "fraudulent conduct which creates a likelihood of confusion or misunderstanding" within the meaning of 72 P.S. Section 201-2 (4) (xxi) by reason of the following: (b) plaintiff failed to give Melvin Horst "notice of any public sale or the date after which a private sale will be held." See ¶66 of Count V. 74. Defendant Melvin Horst has repeatedly asserted under criminal penalties in a separate Affidavit dated February 5, 2007 the following: a. I never received any notice from Susquehanna Valley Federal Credit Union of a public or private sale of the Mobile Home prior to November 16, 2006. See ¶4 of 2/5/2007 Affidavit of Melvin H. Horst. 75. Defendant Melvin Horst's repeated statements in ¶13, 131, 133, ¶42, ¶56, ¶59 and ¶66 of his Answer with New Matter and Counterclaims are knowingly false as shown on Exhibit "B" which is a Notice of Repossession dated June 21, 2006 showing delivery by certified mail on Melvin Horst on June 22, 2006 at his home located at 2895 Paxton Court, Chambersburg, PA 17201. 76. Exhibit "B" clearly states: "Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006. " 77. Defendant Melvin Horst not only knew of the repossession on June 22, 2006 but also the exact date after which a private sale could occur if the sum of $51,549.51 was not paid. 78. Defendant Melvin Horst has engaged in fraudulent conduct by filing his Answer, New Matter, and Counterclaims (Counts I, III, IV and V) when he knew he had received the Notice of Repossession on June 22, 2006 by certified mail at his home. 79. Count V of Defendant's Counterclaim is predicated upon the false assertion in ¶66 (b) that Defendant Melvin Horst was not given "notice of any public sale or the date after which a private sale will be held" and should be dismissed with prejudice. 80. Count IV of Defendant's Counterclaim is predicated upon the false assertion in ¶56 by incorporation that Defendant Melvin Horst was not given "notice of any public sale or the date after which a private sale will be held" and should be dismissed with prejudice. 81. Count III of Defendant's Counterclaim is predicated upon the false assertion in ¶56 that Defendant Melvin Horst was not given "notice of any public sale or the date after which a private sale will be held" and should be dismissed with prejudice. 82. Count I of Defendant's Counterclaim is predicated upon the false assertion in 142 that Defendant Melvin Horst was not given "notice of any public sale or the date after which a private sale will be held" and should be dismissed with prejudice. 83. Defendant Melvin Horst knew that offers were being solicited for the Mobile Home because a "for sale" sign was displayed on the public road, another "for sale" sign was on the mobile home itself and Plaintiff received three offers to purchase the mobile home for $28,000.00; $31,0000.00; and $30,150.00. The highest offer was rejected because it was contingent upon the buyer selling his existing home. 84. Defendant Melvin Horst is subject to Paragraph 11 of Exhibit "A" to the Complaint which states that: "Notice to any of you will be notice to all." 85. Any account statements or other documents sent to Defendant Stephen Horst, therefore, constitute sufficient notice under the contract to Defendant Melvin Horst. 86. Defendant Melvin Horst's own signature appears on Exhibit "A" (Purchase Agreement dated 12 February 2004) to Plaintiff's New Matter. 87. Defendant Melvin Horst's own signature appears on Exhibit "B" (Notice of Repossession dated June 21, 2006) on the copy of the return receipt (USPS Form 3811). 88. Defendant Melvin Horst received the June 21, 2006 Notice of Repossession (Exhibit "B") on June 22, 2006 as shown on the copy of the return receipt (USPS Form 3811). 89. Defendant Melvin Horst received the letter dated November 20, 2006 (Exhibit "C") on November 24, 2006 when a Miriam A. Horst signed the return receipt (USPS Form 3811). 90. At the time Defendant Melvin Horst executed the Verification attached to his responsive pleading he knew paragraphs ¶13, ¶31, ¶33, ¶42, ¶56, ¶59 and ¶66 of his Answer with New Matter and Counterclaims were knowingly false. 91. At the time Defendant Melvin Horst executed the Affidavit dated February 5, 2007 attached to his responsive pleading he knew paragraphs ¶3 and ¶4 were knowingly false. 92. Defendant Melvin Horst made the allegations contained within ¶13, ¶31, ¶33, ¶42, ¶56, ¶59 and ¶66 of his Answer with New Matter and Counterclaims and paragraphs ¶3 and ¶4 of his February 5, 2007 Affidavit in an effort to perpetrate a fraud on the Court and Plaintiff. 93. Defendant Melvin Horst had the benefit of legal counsel when he verified ¶13, ¶31, ¶33, ¶42, ¶56, ¶59 and ¶66 of his Answer with New Matter and Counterclaims and executed paragraphs ¶3 and ¶4 of his February 5, 2007 Affidavit. 94. Prior to signing the Affidavit on February 5, 2007 and Verification Defendant Melvin Horst did not disclose to his counsel Joseph A. Macaluso, Esquire the fact that he had received the June 21, 2006 Notice of Repossession (Exhibit "B") by certified mail on June 22, 2006. WHEREFORE, Plaintiff respectfully requests entry of judgment against Defendant Melvin Horst in the amount of $21,863.63 as well as an award of counsel fees incurred since January 3, 2007 in this matter. Respectfully submitted, BY: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Joseph A. Macaluso, Esquire P.O. Box 83 Orrstown, PA 17244 Stephen Horst 37 South Allison Street Greencastle, PA 17225 B` Date: February 28, 2007 Verification I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I verify that I am the President of the Susquehanna Valley Federal Credit Union and that I am authorized to execute this document. BY: oe??_Z? Larry L. Stoner- President and CEO Date: PURCHASE AGREEMENT Subject to the terms d conditions set forth below, Buyer(s), Mt Iyi n1 At P-;r 1 is re l-(s.c9 - agrees to purchase the following described manufactured home o for the price of $__ 5, Year ?°7 3 Make Model Serial Number Pf} ZZ 040 3 c. G Home address L -c3 /o 2 Way 6,P,- 1,1 R a a Park/Community W o rr1 c p`?? y .s 5 s County The following designated items will be included: Awnings _ Dishwasher Skylight Central Air Microwave Shed X_ Deck X Refrigerator Range Qg) Washer/Dryer Additional Items: Terms of offer: PAYMENT: Buyer has agreed to give a total down payment of. $ zjjcgil C) Buyer has given a deposit in the amount of $ 7-0 D and shall be returned to the Buyer in the event that the Buyer can not obtain financing for the purchase' of the manufactured home. The amount financed for this manufactured home will be g 3? ?-V o APPROVAL AND ACCEPTANCE: In the event the Buyer should not complete the purchase as herein agreed, Buyer shall forfeit the deposit made by him/her. The forfeiture of earnest money does not necessarily relieve Buyer of their obligation. PARK APPROVAL: Sale is contingent upon Buyer obtaining approval into the park/community. It is understood that Buyer must comply with all requirements of park management prior to closing. By execution of this instrument, Buyer acknowledges receipt of one copy. Yu The foregoing Agreement is Approved and Accepted this /Z day of Buyer H, ,-e - Buyer Social Security Number Social Security Number Drivers licenseAD (state and number) Drivers license/ID(state and number) EXHIBIT A 3 m SUSQUEHANNA ALLEY FEDERAL CREDIT UNION NOTICE OF REPOSSESSION Melvin Horst 2895 Paxton Court Chambersburg, PA 17201 June 21, 2006 Dear Mr. Horst: The 1993 Fleetwood Anniversary, Mobile Home, VIN #PAFLN22AB0403ICG held as security for your loan #13959-1, made on February 23, 2004 has been repossessed because Susquehanna Valley Federal Credit Union now considers your loan in default. This default occurred because you were evicted by York Community Management for failure to pay your required lot rent. You have 15 days from the receipt of this letter to reclaim the Mobile Home by paying your loan in full plus all costs incurred by the Credit Union as follows: $46,020.14 Principal $ 4,325.87 Interest (through July 6, 2006) $ 20.00 Late Payment Fee $ 1,183.50 Past Due Lot Rent paid by S. V. F. C. U. S51,549.51 Total Due Payment should be made by certified check or cash at the Credit Union office during normal business hours: 9:00 to 5:30 Monday through Friday. Failure to pay the total amounts due will result in the sale of the Mobile Home any time after July 6, 2006. Any remaining balance after the mobile home's sale will be your responsibility to repay. Sincerely, 40??- Matthew J. White Collections Manager g EXHIBIT a 3850 HARTZDALE DRIVE - CAMP HILL, PA 17011-7809 _ LOCAL: (717) 737-4152 TOLL FREE: (800) 948-1454 FAX: (717) 737-0589 ,? ? s • 1 O Ln - O IT $ postage .11 O Certified Fee Postmark O 0 Retum Reclept Fee (Endorsement Required) Fee er li Here O M y v Restricted De (Endorsement Required) t? O U $ `j f Total Postage & Fees p enrTo L?V) -- Ors- .... --' - ,. ........ 1 O l` b`treet, Apt. No.; qq 2J D Box No 00 aLtY .... (0? ------------- . .__, . or P - ..._ . ?...- .., -- )A 17i Ol s Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: m 1.01 ?O 6 i 18 /1 Jr AOo- Cc r CGA'*J bib o , PA 17U)l A. Signature P ? Agent X ?- f ? Addressee B. Received by (Print Name) C. Date of Delivery 0. Is delivery address different from item 0 0 `I'es If YES, enter delivery address below: 0 No 3. Service Type SK Certified Mail Cl Express Mail 0 Registered ):8etum Receipt for Merchandise 0 Insured Mail 0 C.O.D. M 0 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ?002 2030 0006 9054 0918 (transfer from service label) 'S Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 t SWSQUEHANN'A ALLEY FEDERAL CREDIT UNION November 20, 2006 Melvin Horst 2895 Paxton Court Chambersburg, PA 17201 Title: 45602316308 Mobile Home: 1993 Fleetwood Dear Mr. Horst, This is to notify you of the disposition of the proceeds from the sale of your repossessed mobile home. Principal loan balance $ +41,184.27 Past due interest + 6,296.79 Sales expenses and fees + 0 Proceeds of sale - 30,150.00 Due Credit Union $ 17,331.06 Unless regular payments are received by the Credit Union or arrangements are made with the Credit Union to meet this outstanding balance, we may have to take whatever legal action is deemed necessary to liquidate the loan. Please call us within 7 days to make arrangements for a satisfactory repayment schedule, 717-7374152, ext. 123. EXHIBR m Sincerely, Ma White Collections Manager 7> 3850 HARTZDALE DRIVE • CAMP HILL, PA 17011-7809 ti LOCAL: (717) 737-4152 TOLL FREE: (800) 948-1454 FAX: (717) 737-0589 ,? a0.•.115leI'ZIIII l l:.lAr GF-HTIFIF-D IVF . --1. T (Domestic Mail Only, No lnsurance G$verage Provided) In t ? E3 ---- l7- Postage $ .A Certified Fee C3 C3 Return Reciept Fee C3 Postmark (Endorsement Required) Here C3 Restricted Delivery Fee M (Endorsement Required) ru Total Postage & Fees $ , ru r Sent To /Ti k- lr .,----_ 171-- Sliest, Apt. N /nor PO Box No. . Q l v y --------- - --------------------- ------------------------- ------- C,?; State, ZIP+4 Clt?..w PS Form 3800, June ,2002 See. Reverse for Instructions ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print r name and address on the reverse sot t we cart re Mt he card to you. ¦ A h this card to the back of the mailpiece, or the front If space permits. 1. Article Addressed to: Reluto WeVS?- Ck µ*h, rS t- 7, I 1 ?-72-ol A. Signature ?? X ?2CCc7 r?..; t j '^D Agent B. Received by (lhfnred D. Is delivery address different from Item 1? /U Ye; If YES, enter delivery address below: 0 No 3. Service type Certified Man 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Man 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Nt;Mber (71ansrer'fromserWceMW 7002 2030 0006 9054 2233 PS Form 3811, February 2004 Domestic Return Receipt 102595-02.M-1540 == ?, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff, No. 07 - 104 V. MELVIN HORST and STEPHEN HORST, Defendants, DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER TO C 6CLAIMS Defendant Melvin Horst, by and through his attorney, Josellb A. Macaluso, hereby replies to the new matter of plaintiff Susquehanna Valley Federal Credit Union to the counterclaims of said answering defendant, as follows: 73. It is admitted that the allegations set forth in subparagraphs a. through g. inclusive were made by answering defendant. 74. It is admitted that the allegations were made by answering defendant. 75. It is specifically denied that answering defendant made any knowingly false statement. Defendant Melvin Horst did not intend to mislead his own attorney or this Court or plaintiff or its counsel when he stated that he never received notice of repossession or sale of the Mobile Home. Rather, he did not realize that the notice attached as Exhibit B to plaintiffs reply to new matter and answer with new matter to counterclaims constituted a notice of sale because it does not state the "method, manner, time, and place" of the sale. Defendant Melvin Horst now recollects that he received the notice, i.e. the aforesaid Exhibit B, but he discarded it because he mistakenly believed it to be a preliminary notice and he assumed he would receive a notice of sale which would set forth the "method, time, date, and place" of the sale. It was not until defendant Melvin Horst saw plaintiffs Exhibit B attached to its pleading that he recollected receipt of same. Further answering, defendant Melvin Horst avers that 13 Pa. C. S. A Section 9610 (b) requires disposition of the Mobile Home "including the method, manner, time, and place" of the sale, to be "commercially reasonable" (formerly covered under 13 Pa. C. S. A Section 9504 (c)), and that the provisions of the Uniform Commercial Code and the Motor Vehicle Sales Financing Act both apply to the notice of sale. See: Industrial Valley Bank and Trust Co. v. Nash, 349 Pa. Super. 27, 502 A.2d 1254 (1985). In fact, in Paragraph 9 on the second page of the Agreement, plaintiff agreed that "We will give you notice of any public sale or the date after which a private sale will be held." The plaintiffs notice (i.e. Exhibit B) states only that the Mobile Home would be sold after July 6, 2006, and does not contain the date, time, and place of sale, as required in the Agreement or in 13 Pa. C. S. A Section 9614, nor did said notice afford defendant Melvin Horst an opportunity to protect his interest at the time of sale. 76. It is admitted that the notice contains the language set forth in Paragraph 76, but it is specifically denied that it contained adequate information for defendant Melvin Horst to protect his interest at the time of sale. 77. It is specifically denied that defendant Melvin Horst knew of the "exact date" of the sale. Answering defendant repeats his answer in Paragraph 75 as though set forth in extenso. 78. It is specifically denied that defendant Melvin Horst engaged in fraudulent conduct, and he repeats his answer in Paragraph 75 as though set forth in extenso. 79. It is specifically denied that Count V of the counterclaim of defendant Melvin Horst is predicated upon false assertions, and he repeats his answer in Paragraph 75 as though set forth in extenso. 80. It is specifically denied that Count IV of the counterclaim of defendant Melvin Horst is predicated upon false assertions, and he repeats his answer in Paragraph 75 as though set forth in extenso. 81. It is specifically denied that Count III of the counterclaim of defendant Melvin Horst is predicated upon false assertions, and he repeats his answer in Paragraph 75 as though set forth in extenso. 82. It is specifically denied that Count I of the counterclaim of defendant Melvin Horst is predicated upon false assertions, and he repeats his answer in Paragraph 75 as though set forth in extenso. 83. Answering defendant lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 83. The means of proof of said allegations are within the exclusive control of plaintiff, and strict proof thereof is demanded at trial. 84. Paragraph 84 contains legal suppositions to which no response is required. To the extent that a reply is deemed to be required, answering defendant specifically denies that plaintiff gave the required notice of sale to either defendant. Answering defendant repeats his answer in Paragraph 75 as though set forth in extenso. Further answering, plaintiff fails to allege that a proper notice of sale was given by plaintiff to defendant Stephen Horst. 85. Paragraph 84 contains legal suppositions to which no response is required. To the extent that a reply is deemed to be required, answering defendant specifically denies that plaintiff gave copies of the contract documents to him at the time of sale or when he requested same in writing through his attorney by letter dated December 7, 2006, a copy whereof is attached to the answering defendant's answer, new matter, and counterclaim as Exhibit C. 86. Admitted. 87. Admitted. 88. Answering defendant admits he received the notice (i.e. Exhibit B), but he specifically denies that plaintiff gave the required notice of sale, and he repeats his answer in Paragraph 75 as though set forth in extenso. 89. Admitted. 90. It is specifically denied that defendant Melvin Horst made knowingly false statements, and he repeats his answer in Paragraph 75 as though set forth in extenso. 91. It is specifically denied that defendant Melvin Horst made knowingly false statements, and he repeats his answer in Paragraph 75 as though set forth in extenso. 92. It is specifically denied that defendant Melvin Horst intended to perpetrate a fraud on his attorney, this Court, plaintiff or its counsel, and he repeats his answer in Paragraph 75 as though set forth in extenso. 93. It is admitted that defendant Melvin Horst had the benefit of legal counsel, however, he repeats his answer in Paragraph 75 as though set forth in extenso. 94. It is admitted that defendant Melvin Horst did not disclose to his attorney the fact that he had received the notice (i.e. Exhibit B), and instead he denied this, however, he did not intend to mislead anyone and he repeats his answer in Paragraph 75 as though set forth in extenso. WHEREFORE, defendant Melvin Horst demands judgment in his favor and against the plaintiff Susquehanna Valley Federal Credit Union, as set forth in the counterclaims. Respectfully Submitted, A. Macatusb, Edq e Court I.D. No. 38262 A me for Defendant Melvin Horst P.O. x 83 Orrstown, PA 17244 (717) 532-4832 VERIFICATION I, Melvin Horst, verify that the statements made in the foregoing reply to plaintiffs new matter to the counterclaims are true and accurate to the best of my personal knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Xe,? Melvin Horst CERTIFICATE OF SERVICE I hereby certify that on March 21, 2007, 1 caused to be served a true and correct copy of the foregoing reply to plaintiffs new matter to the counterclaims by first class mail, postage prepaid, addressed to the following individuals: Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Stephen Horst 37 S. Allison St. Greencastle, PA 17225 I further certify that on March 21, 2007, 1 also caused to be served a true and correct copy of the answer, new matter, and counterclaims of defendant Melvin Horst by first class mail, postage prepaid, addressed to Stephen Horst at his above address. I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: March 21, 2007 f7 r-wD U ? o m -nrn 7°" t > t'11 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff VS. MELVIN HORST and STEPHEN HORST, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 104 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a DEFAULT JUDGMENT against STEPHEN HORST only for his failure to file an Answer to the Complaint served January 25, 2007 by the Sheriff of Franklin County as shown on Exhibit "A-1" via deputized service from the Cumberland County Sheriff shown on Exhibit "A-2". A Notice of Intention to Take a Default Judgment was filed on February 28, 2007 and served using a U.S. Postal Certificate of Mailing by first class prepaid postage on February 27, 2007 as shown on Exhibit "A-3". No answer or response having been filed with the Prothonotary as of March 30, 2007 please enter a Default Judgment in the following amount as of March 30, 2007: Principal Balance (Count I) $11,034.27 Interest Due $ 6,386.48 Per Diem $ 81.90 ($3.90 or 12.90% since 12/13/06 to 1/3/07) Past Due Lot Rent $ 1,183.60 (Owed prior to repossession on June 21, 2006) Real Estate Taxes $ 1,347.38 Lot Rent (7/06 - 11/06) $ 1,500.00 ($300.00 per month) Attorneys Fees $ 1,182.00 TOTAL DUE $22,715.63 plus $3.90 since 1/4/07 and costs. Respectfully submitted, BY: S en Howell, Esquire 'Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Joseph A. Macaluso, Esquire P.O. Box 83 Orrstown, PA 17244 Stephen Horst 37 South Allison Street Greencastle, PA 17225 B Date: March 30, 2007 y 'In`The Court of Cordyrion Pleas of Cumberland ?bJunty, Pennsylvania Susquehanna Valley Federal Credit Union VS. Melvin Horst et al SERVE: Stephen Horst No. 07-104 civil Now, January 12, 2007 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?j Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at 13 o'clock M. served the within 67U,0?- ,t,?.? avd Al,,? upon kra 4ual 2 at JfZc by handing to A&,;4 4rn. ( MA-444 -j - a copy of the original ?????' dz xd a,4 and made known to ht J the contents thereof. So answers, C&u?,, PA C?. Sworn and subscribed before me this day of YtJl-- , 20 47 NchriM s41 , Mdwd D. II ft, Notary Puhk Chwbobn Sm Cohn Cm* My ComndWm E=bu Jm. 21.2011' Sheri County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT $ EXHIBIT $ SHERIFF'S RETURN - OUT OF COUNTY 40: 2007-00104 P JNwEALTH OF PENNSYLVANIA: `LINTY OF CUMBERLAND SUSQUEHANNA VALLEY FED CRED UN VS HORST MELVIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HORST STEPHEN but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 26th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 02/26/2007 STEVEN HOWELL Sworn and subscribe to before me this day of A. D. So answers: Thomas line Sheriff of Cumberland County g EXHIBIT d z A-a SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff VS. MELVIN HORST and STEPHEN HORST, Defendants TO: Stephen Horst 37 South Allison Street Greecastle, PA 17225 DATE OF NOTICE: February 27, 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 104 CIVIL TERM CIVIL ACTION - LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONA AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 E EM BIT gig' $ A Respectfully submitted, BY: 41owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Joseph A. Macaluso, Esquire P.O. Box 83 Orrstown, PA 17244 Stephen Horst 37 South Allison Street Greencastle, PA 17225 BY Date: February 27, 2007 U.S. POSTAL SERVICE CERTIFICATE OF MAILING c MAY BE USED FOR DOMESTIC AND INTERNATIONAL MALI ^^?° "^" c a S PROVIDE FOP'"'°"^" Steven Howell`,`y' M p Received Attorney At Law ?,•? " 619 Bridge street t? t?+ New C..berland, PA 17070 One piece of ordinary mail addressed to: L 9 c m C7 ' S !_? AW S /.? CJCL N? * ` ' nn 11 C (DW Z. JM a C?Ie P^ f f?f fl{? /?/?- l Z 2 M m D l PS Form 3817, January 2001 3 a? d l fT' . Z2 N C:J gyn., 0 -Try `? {Yl SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff VS. MELVIN HORST and STEPHEN HORST, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 104 CIVIL TERM CIVIL ACTION - LAW RULE 236 NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a money judgment in the above captioned action has been entered against you in the amount of $22,715.63 plus all costs on APRIL ?. , 2007. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. P othonot vi Division BY: If you have any questions regarding this Notice, please contact the filing party: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 This Notice is given in accordance with Pa. R.C.P 236. Notice should be sent to: Stephen Horst 37 South Allison Street Greecastle, PA 17225 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA VALLEY FED CRED UN VS HORST MELVIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HORST MELVIN but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 26th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kli e Dep Franklin Co 49.82 Sheriff of Cumberland County Postage 4.59 91.41 ?/ 3/O l0 02/26/2007 STEVEN HOWELL Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. 1„ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA VALLEY FED CRED UN VS HORST MELVIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HORST STEPHEN but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 26th , 2007 , this office was in receipt of t attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 . Thomas line .00 Sheriff of Cumberland County .00 16.00 ,jjb -110 7 02/26/2007 STEVEN HOWELL Sworn and subscribe to before me this day of A. D. fn The Court of Common Pleas of Cumberland County, Pennsylvania Susquehanna Valley Federal Credit Union vs. Melvin Horst et al SERVE: Melvin Horst No. 07-104 civil Now, January 12, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, OA" Z Z. 20 d 7 , at . /L o'clock M. served the within li?? upon 140-1? at 00?-?t A-i72-v by handing to a copy of the original (- ? and made known to kc--,L the contents thereof. So answers, Co,Pk Sworn and,spbscrib efore me this/ 91?-day oftj-4?ttq 20 Richard D. McCaf?, Nohq Pdit CiaaibanI, in Um FM*Mn Couegl My comminion Em" Jan. 29, 2011 Sheri County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Susquehanna Valley Federal Credit Union vs. Melvin Horst et al SERVE: Stephen Horst Now, January 12, 2007 hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at J" 13 o'clock M. served the within A,.-- upon --44 at by handing to A A41-4 a copy of the original &,td a.-4? and made known to kttd the contents thereof. So answers, c?. Sworn and subscribed before me this I la- day of 2r - - , 20 997 NOWMS#d MAN o. HICI* N*4 Pda GwAV*49 moo, F*ft Coo* My Cammb" 6100 die. 29, Mf No. 07-104 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this )?L i County, PA Sheri U COSTS SERVICE $ MILEAGE AFFIDAVIT