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HomeMy WebLinkAbout97-01723 ~ \.I ~ ~ ~ o ...(: V) .... ~ 1 i . ~ 1 c:r - . - rt') I ~I t- , CJI , <:) "< ';:.:~.~ .,~ ~.;.~. ." ,,~, ) / I I i , I 1 IIAROI.D S,IRWIN,III. F.SQIIIRF. ATIORNF.\' ID NO, 29920 JS F.AS'T IIIcm STRF.F.T CARI.ISI,F. PA 17013 (717) 24J-6090 ATIORNF.\' FOR DF.FF.NDANT JOSEPH S, RUDA and TERRI L. RUDA, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v, : CIVIL ACTION - LAW . . DENNIS S, SHOWAKER, Defendant : NO. 97 -1723 CIVIL TERM NOTICE TO PLAINTIFF 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 counterclaim 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 mat be entered against you by the court without further notice for any money claimed in the counterclaim or for any other claim or reliefrequested by the additional defendants, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, iF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone ( 17) 40-6200 approximately $400.00 (not $470.00 per month beginning on October 30, 1996, as stated in plaintiffs' complaint) and that the term would be for one year (not one month). 4, The averments of fact contained in paragraph four of the plaintiffs' complaint are admitted in part and denied in part. It is admitted that defendant has not resided in the premises since December 17, 1996. The remaining averments of this paragraph are specifically denied. To the contrary, on or about December 17, 1996, plaintiffs, without notice, changed the locks on the premises, refusing entry to the premises by the defendant either to continue to reside therein or to remove his personal property after that date, 5, The averments of fact contained in paragraph five of the plaintiffs' complaint are admitted. By way of further response, the parties agreed that there would no rent due prior to December, 1996. Additionally, the furnace in the property went out in mid-November, leaving defendant with no heat except for his wood stove. 6. To the extent that paragraph six of the plaintiffs' complaint contains any averments of fact, those averments are specifically denied. To the contrary, defendant denies any liability to plaintiff for any rent or otherwise. The parties only agreement as to rent was that there would be no rent due from defendant to plaintiffs until sometime in December, 1996. The furnace in the property went out in November, 1996, causing defendant to have to spend most of his time living elsewhere due to the lack of heat. Furthermore, on or about December 17, 1996, plaintiffs, without notice, changed the locks on the premises, refusing entry to the premises by the defendant either to continue to reside therein or to remove his personal property after that date. 7. The averments uffact contained in paragraph seven of the plaintiffs complaint are admitted in part and denied in part. It is admitted that defendant removed a wood stove from the premises. The remaining averments of this paragraph are denied. To the con1rary, the wood stove belonged to defendant's father and had been placed therein by defendant prior to defendant selling the premises to plaintiffs. Plaintiff Joseph S. Ruda asked defendant to remove the wood stove in Sep1ember, 1996, in order to obtain fire insurance on the premises. Furthermore, the wood stove was not a fixture and could be and was removed from the premises without damage to the premises. 8. The averments off act contained in paragraph eight of the plaintiff's complaint are specifically denied. To the contrary, defendant stored no items of debris or other property on the premises that were not present thereon at the time of plaintiffs' purchase of the property from defendant. Furthermore, all "debris" and other personal property of defendant has been removed. 9, The averments off act contained in paragraph nine of the plaintiff's complaint are admitted in part and denied in part. It is admitted that plaintiff Joseph S. Ruda made a personal loan to defendant of $2,000, which loan defendant has repaid. It is admitted that plaintiff Joseph S. Ruda paid defendant $170 for work performed by defendant for plaintiff Joseph S. Ruda. The remaining averments of this paragraph are specifically denied. To the contrary, all payments from plaintiff Joseph S. Ruda to defend anI, except the $2,000 loan referred to above, were for subcontract work performed by defendant for plaintiff Joseph S. Ruda. Furthermore, defendant received a 1099 form from plaintiff Joseph S. Ruda indicating that defendant had been paid a total of over $7,400 in taxable income in 1996 by plaintiff, WHEREFORE, defendant demands thaI judgment be entered against plaintiff and that plaintiffs' complaint be dismissed. NEWMATTER 10. Defendant's responses to plaintiffs' complaint, paragraphs one through nine, are hereby incorporated herein by reference as if fully set forth at length. 11. Prior to any rental agreement between the parties, defendant held equitable title to the premises by virtue of an installment sales contract and had resided therein for approximately ten years. 12. The parties entered into an agreement of sale whereby defendant agreed to sell the premises to plaintiffs for the purchase price of $55,600.00. 13. Plaintiff Joseph S. Ruda presented to defendant a written agreement to sign, which defendant signed; however, at the time of defendant's execution of the agreement, the price and deposit tenns had not been filled in. Plaintiff Joseph S. Ruda attempted to obtain defendant's pennission to insert a sales price of$65,OOO in stead of the $55,600 to which the parties had agreed in order to attempt to qualifY for a higher mortgage amount; however, defendant refused to give consent to doing so. 14. Plaintiff Joseph S. Ruda later filled in the price and the deposit terms before forwarding the agreement to his lender during his mortgage financing application process. A copy of the agreement showing these blanks filled in is attached hereto as Exhibit" A", 15. Plaintiff represented to his lender and to his attorney that he had deposited with defendant the sum of$12,600.00 as a downpayment on the purchase price, when, in fact, no downpayment had been made by plaintiffs to defendant. 16. After the settlement, plaintiffs' attorney discovered that he was short $12,600.00 in his escrow account since the entire proceeds had been paid over to defendant due to the fact that defendant was not, in fact, holding any downpayment from plaintiffs, 17. Defendant believes and therefor avers that at that time, after being notified of the shortfall, plaintiff Joseph S. Ruda again falsely told his attorney that defendant was holding this down payment money, though no such downpayment had ever been paid by plaintiffs. 18, Defendant believes and therefor avers that plaintiffs have now paid the $12,600 to their attorney, but that the above scenario is what prompted plaintiffs to lock defendant out of the property and to bring this action against defendant. 19. Plaintiff Joseph S, Ruda requested defendant to sign the lease form without having filled in the lease date, term or rent. Further, plaintiff Joseph S. Ruda and defendant specifically orally agreed at the time that defendant would not be required to pay any rent for the premises until December, 1996, that the rental amount would be approximately $400.00 (not $470.00 per month beginning on October 3D, 1996, as stated in plaintiffs' complaint) and that the term would be for one year (not one month). 20. On or about December 17, 1996, plaintiffs, without notice, changed the locks on the premises, refusing entry to the premises by the defendant either to continue to reside therein or to remove his personal property after that date. 21. The wood stove in the premises belonged to defendant's father and had been placed therein by defendant prior to defendant selling the premises 10 plaintiffs, The parties did not agree that the wood stove would be a part of the conveyance from defendant to plaintiffs and, in fac1, plaintiff Joseph S. Ruda asked defendant to remove the wood stove in September, 1996 in order to obtain fire insurance on the premises. Furthermore, the wood stove was not a fixture and could be and was removed from the premises without damage to the premises. 22. Defendant stored no items of debris or olher property on the premises that were not present thereon at the time of plaintiffs' purchase of the property from defendant. Furthermore, all "debris" and other personal property of defendant has been removed. 23. All payments from plaintiff Joseph S. Ruda to defendant, except the $2,000 loan, were for subcontract work performed by defendant for plaintiff Joseph S. Ruda. Furthermore, defendant received a 1099 form from plaintiff Joseph S. Ruda indicating that defendant had been paid a total of over $7,400 in taxable income in 1996 by plaintilT. WHEREFORE, defendant demands that judgment be entered against plaintiff and that plaintiffs' complaint be dismissed. COUNTERCLAIM 24. Defendant's responses to plaintiffs' complaint, paragraphs one through nine, and the averments of his new matter, paragraphs eleven through twenty-three, are hereby incorporated herein by reference as iffully set forth at length. 25, Plaintiff has possession and control of a ladder belonging to defendant and valued at $350.00, which ladder plaintiffs refuse to return to defendant 26. Defendant believes and therefor avers that this action brought by plaintiffs is so frivolous, abusive, arbitrary, capricious and vexatious and so designed purely to frustrate defendant without any basis in law or fact that upon a hearillg hereon it will be found that plaintiffs have abused the processes of this Court and should be required to reimburse plaintiffs for their costs, expenses and attorney fees in defending this action. WHEREFORE, plaintiffs demand judgment against defendant in the sum ofThree Hundred Fifty and no/lOO ($350.00) Dollars, plus costs of this suit, interest and defendant's reasonable attorney fees in the defense of this action. April 17, 1997 / HAROLD S, IR~N, 111 Attorney for defcn t 10. LHASP.S: Seller, nollclIlhan 1.5 dlY' beforl! clOlln" .hlll furnl.h 10 Buyer coplel of III wrltlen Itllt. Ind e.loppel telten from tach ttnAnt .peclryln,lhe nlture and duration of the leoAnt'l occup.ncy, ItnlAI ralt' and advAncw rentlnd KCu,ity dt'po.it. paid b)' lenlnl. 1r Seller I. unahle 10 obtain .tlCh lellen from Itnllnl" Scller ,hall (urnhh lhe IImeln(ormallon 10 Buyer within uld time period In the form of I _rllu'. Irrillavil, and Bu)'er ma)' conllCltenant. theruner 10 connrm .uch Informal Ion. AI clmln" Itller "tAli deliver and lulan 111 ori.lnallule' 10 Buyer. II. MECHANICS LIENS: Seller .hall fuml,h to Bu)'er an amdnltthll there hIVe been no ImprovementJ In the .utlJecl property rOf 90 dlYllmmedlalel)' pl'rctdln. the dale of clo.ln,. and no nnancln, .lllemtnU, c1l1lmlt IIf Iicn or poltnllalllenort known 10 Seller. 1r the property ha. heen Imf'l'oved ",llhln lhat Ilmt, Seller _hili deliver releue. or wllven of III meehlni" lien. u execuled by ,eneral conlrac:lon, .uhcnnlrlClon, .upplln. Ind malerlllmtn, In addlllon 10 lhe leller'.Uen arndavil, lellln, (orth the name. nf III,rnc'IIl conlraclo,., .uhconlracton, .uppllcrt Ind mlllerillmtn and reellln, thai .311 blll. (or work 10 the .uhJect properly which could "rve u bull for mechanic. lienl hive been plid or will ~ plld II clolln.. 12. PLAcn or CLOSING: elOllna lhall be held It Ihe ornce of the Seller'. alloroey or u OlhuwllCl ."...tupon. Il. 11MB IS OP 11IB I!SSBNCB: 11... II orlhe 0'''''''. 01 11111 Sal. and Purthuc Almmonl. I.t DOCUMENTS FOR CLOSING: Selter'J 11Iome)' .hlll prepare deed, nole, mOrlalae, Seller'. .rndnll, In)' cnnective Inslrument. required (or perfeclln, the Illle. aod dodn, 'Ialemenl Ind .ubmlt copie. of lime 10 nuyer'. IlIorney, Ind cop)' of do,ln, Itlllementlo lhe broker, at lust Iwo dlYI prior 10 IChttlulrd c1odn, dllle. U. EXPENSES: Slate documentary Itamf'll required on the inltrument or convc)'lnce .nd the call o( rrcordin. .n)' cnnectlvc inslnllMnlJ ..hall be paid by the Seller. Documentary IlImpl 10 be 1m led 10 the nOlt Itcured h)' the purchllle money mor1,lae,lnllnalhle III on the morta'lc, and the COlt or recordinslhe d<<d and PUrth.t<lnl money mMlalO .hall be paid by Ihe Buyer. 16. INSURANCP.: IIln.urancols 10 be proraled, the Sollo, .hall on 0' bel... lhe c101inl dalo, lurnl.h 10 Duyer .11 insurlll'K'c policies or caplet thereof. 17. RISK or LOSS: trlhe Improvemenllll1l dam.aed by fira orcllullty before delivtf)' o(the dttd and Cln be restored 10 luhslllnlllll)' the ..me condition u now within I period of60 dlY.lheretner, Seller shan 10 reslore lhe Imptovemtnll.nd the c:I~lnl d.tc and dlle o( delivery o( possculon hereinhdore provided ,hllll he clltndrd accordin.ly. ~(Seller f.i1s to do 10, the Buyer shall hive lhe opllon of (I) 1.ldn. the propell)' .11.,lolclher whh Insurlnce proceed" If .ny, or (2) ClncclIinl Ihe contrlCl, and III deposil' lhall he forthwilh reluPled 10 lhe Buyer Ind 111 plI1les shill be releutd of an)' and all ablla'llons 100 IIlbllily. 18. MAINTnNANCB: Bel ween the dale of the contracl and the date of closlnl, lhe Jlf'OPCrI)',1nc:1udlna lawn, Ihruhbery Ind pool, I( In)'. .hlll be mllnl.lned b)' Ihe Seller In the condillon I' II elilted IS of the rblt of the ContrlCt. ardinill)' ww and Itlf elC'tpltd. 19. CI.OSING DATE: This conlrlCt Ahln be closed .nd the deed Ind pnneulon ~hllll be delivered on or ~fore the dol)' or , 19 , unlen eXlended by other rmvilions (If thll conlracl. 20. TYl'HWRil'mN OR HANDWRITTEN PROVISIONS: Typew,illo, 0' handwrlllo, pro'hlo.. in\Crled io thil form ~hal1 conlrolall prinled provlllonsln conmcl therewilh. 21. UIlIRR AGREflMENTS: No IlreemenlSor represenllllons, unlesslncorpollted In this contracl, .hlll he blndiol upon Iny oflhe Plllitl. 22, SPECIAL CLAUSI!S: COMMISSION 1U BRUKBR: The Sono, horthy recolnl,.. u the Broker in this IIInuclion. and l,rteSIO p,y u commission flo of the: ,rou nles price, the .um of Donn(S 1 Dlone-hllf of the deposll in cue u.me is forfeited by the Buyer throuah failure 10 perform, u compenntlon for ltIVices rendered, provided slme doea not ucttd the (uUamounl o( lhc commiulon. Wilneu D... ( .1 ~ ~ f~ IOj{/r f2 " ,Jb" ( IlaIo f~.:. ~(I.-1?I...L .!I/1(:.-(. Seller I WrmESSED BY: Wilocu IlaIo o 1.1 f"'r-l r.r.L 8,t"" J'O'I ... Ill" '''''''- ".. k. nn I_ .n "...... ..4 _h .IIalC"' ,hellltl .. lIIfn'uar, ... JOU ,.,onlar ".......fi.... ('I'M'" 111-," 11_r-~1ht ,...',1\1.'1'. J'OW...r.t= ...... E-ZIII.tr_ ....rht ",.,,,, IMl. 110....,...,.11I". .........,. ,.,..... '" 1..,....,....itJl ""'r',...lht IN'<<hwtNl"7 '" "_ r... ""''''''4... 01' J'W'l'O'M (lnl'" '''4) ."^QffP r- c~ j .:.l- . ' , I..) >- c:. rl u{ t' I.... t~ . ( ,I 1 ' fi::" ., c.:: [CO u_ &U en ....:J i-":.. I l:~ , ~ . ~~ r-. r - "- ,;.: GEORGE F. DOUGLAS, Ill, ESQUIRE ATIORNEY 1.0, # 61886 DOUGLAS, DOUGLAS & DOUGLAS 27 West High St. P.O, Box 261 Carlisle, Pa. 17013 Telephone: 717-243-1790 Attorney for Plaintiff JOSEPH S, RUDA and TERRI L. RUDA, his wife : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. VS, DENNIS S, SHOW AKER : CIVIL AcrION LAW : NO, 97-1723 REPLY TO NEW MA TIER AND ANSWER TO COUNTERCLAIM AND NOW, comes Plaintiff, Joseph S, and Terri L. Ruda, by their attorney, George F. Douglas, III, Esquire, and asserts the following Reply to New Matter and Answer to Counterclaim of Defendant: Plaintiff's original allegations raised in: 10. Paragraphs I through 9 are incorporated herein by reference, 11. Admitted, 12, Admitted. 13. Denied, This paragraph is denied since the only Agreement of Sale relied upon in this transaction was prepared by plaintiff's counsel and clearly states that an escrow payment of $12,600 was to be placed in the escrow account of Douglas, Douglas & Douglas. This agreement was signed by all necessary parties and presented to Financial Trust Co. by plaintiff's counsel, George F. Douglas, III, Esquire, This agreement is dated August 27, 1996, which post dates the agreement presented by defendant which is dated March 4, 1996. The proper Agreement of Sale is attached as Exhibit A. 14, Denied as irrelevant and immaterial for reasons stated in Reply to Paragraph 13. 15. Denied as irrelevant and immaterial for reasons stated in Reply to Paragraph 13. 16, Denied as irrelevant and immaterial for reasons stated in Reply to Paragraph 13. 17. Denied as irrelevant and immaterial for reasons stated in Reply to Paragraph 13, 18. Admitted in part. Denied in part. It is admitted the plaintiff did pay a $12,600 down payment to his attorney, George F. Douglas, III, The only reason defendant was locked out of his property was the fact that he abandoned the property, rented a new place to reside and refused to pay the required security deposit or any of the first two months rent. 19. Denied. Answering plaintiff is without sufficient knowledge to determine if this statement is true or false, so it is, therefore, denied, and strict proof is demanded at trial. 20. Denied, The defendant abandoned the property somewhere between December 17, 1996, and December 31, 1996, without any notice to the plaintiff, 21. Denied, The wood stove was a fixture placed on this property and was connected to duct work in the home, which caused damage to the property, when it was removed. 22. Denied. Defendant had placed large amounts of construction debris on the property, Pictures of said debris are attached as Exhibit B. 23. Denied, Plaintiffs provided numerous personal loans to defendant which he refuses to repay, WHEREFORE, plaintiff demands judgment against the defendant for the amount of $7,780,00 plus the cost of suit and reasonable attorney's fees, ANSWER TO COUNTERCLAIM 24, Plaintiffs' original allegations raised in their complaint, paragraphs one through nine, are hereby incorporated herein by reference as if fully set forth at length, 25. Admitted in part and denied in part. It is admitted that plaintiff is in possession of a ladder belonging to the defendant, but strict proof of its value is demanded at trial, 2 26. Denied as irrelevant and immaterial as no facts were set forth on which to base said conclusion. WHEREFORE, plaintiff demands judgment against the defendant for the amount of $7,780,00, plus the costs of suit and reasonable attorney's fees. DOUGLAS, DOUGLAS & DOUGLAS BY~~.~~~ George F, ouglas, III, squire Attorney for Plaintiffs 3 8, Thls sale 19 subjecllo the Purchaser obtaining financing In atleastlhe amount of 543,000,00, 9. A termite Inspection shall be conducted at Purchaser's expellse, however. If Infestation is found, thon Showaker shall ploy up to 3% of the purchase price for the treatment required to remedy such infestation, Including repalrlng and replacing p0l110ns of said Improvements which have been damaged. butlC the costs for such treatment 01' repairs exceed 3% of the purchase price, Purchaser may elcct to pay such excess, If Purchaser elects not to pay, Showaker may pay the excess or cancellhe contract. I. :1 10. Purchaser, at his own expense. shall have the right to obtain a wrillen roporl from a licensed roofer statIng thatlhe roof is in watertight condition, In the event repairs are required. Showaker shall pay up to 3% of the purchase price for said repairs, with the same provisions as sel forth In paragl'ftph II herein, II, Settlement shall be held at the office of Douglas. Douglas, & Douglas, 27 W, High St.. Cl\rllsle. PA, on or before August 1,1996, 12, Risk orIoss by fire or casualty before the delivery of the deed shall be borne by the Showaker's, IN WITNESS WHEREOF, for tbe performance of this agreement, the parties hereto bind themselves. theIr heirs, executors, admInistrators and assigns, and witness their hands and seals the day and year first above written. Witnesses: c- U -/ s! ~ (SEAL) ,1:ty~/ ~~ ~~ L - ;". -~~Z~/~ ~ (SBAJ.)~ . T/lmjla M, ~oung ~ ./..-....: X _ ~ ,_ (SEAL) De nis S, Showaker EAL) (SEAL) GEORGE F. DOUGLAS, III, ESQUIRE AlTORNEY J.D, # 61886 DOUGLAS, DOUGLAS & DOUGLAS 27 West High St, P.O, Box 261 Carlisle, Pa, 17013 Telephone: 717-243-1790 Attorney for Plaintiff JOSEPH S, RUDA and TERRI L. RUDA, his wife : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS, DENNIS S, SHOW AKER : CIVIL AGION LAW : NO, 97-/7;)J CiUl'( '--RfZ...1>1 NOTICE You have been sued in Court. If you wish to defend against the class 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 complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, Court Administrator Fourth Floor Cumberland County Court House I Court House Square Carlisle, Pa. 17013 717-240-6200 , nl!imiI. ~ PJlE..AlI:m,,," UN... P.HHIYLV...... B., 'IN,"''' N. TC*OlMl', ~ ADAI"Tm"OW BLl..IM8UQ 'OfIlWI DftAnaO.y AIltNOLD M......,.U... EaQ. A 'BD3-hllN}t....11 "'''''WI knr,lnml"fMnll.. form. t",nl""" or 1IIlrUln;,t.td.,_IlI'II}. ......I'WaI.,..u."rOlllu"'"I'r'~"'IInnAn.6.94. CI I......, JuI..AM IIU/M.nu,-..c4 ............ PENNSYLVANIA PLAIN LANGUAGE HOUSE LEASE Nollce to Thnan!: This Len.'>e contains waivers of consulller r1ghl~, If you do not meet your Lea...e obligations, you may lose your security deposit, You may also be evicted and sued for money damages, By signing this Lease, you are waiving certain Important rights, lbe Landlord and Tenanl agree 10 lease Ibe IIoule on Ibe following lerml: .~~.~.~~:.;~r~.~fL '~K.~Q,IolC9~\............................. .~~~.~~D(:'.J.\A..,:S.....Sh~.RKe.~.......................,.............. Address for NOlices............z..~..~.r.:.~iJk.,f.c......t>.r...L.... ..................................................................................................................................., ,.......................................'lJIi.I~.......() ......I\.........C........................ .................................................................................................................................... House Address ....:'W...1Q<.;. .......t:':'a..r.0<.c: rt:l!;".t:.. ....ct........................................................................................................................................................,.., Bank for Security Deposit...... ..'''CI!(\F.L:,..................................... ...................................................................................................................................................... Lease dal~ 9 b Tenn ..I.DLo. ...1 If'........................... Yearly renl S ..g.... .,.......'150 ......................:.!.... ...1J.. .......:........................... beginning ..................1..,............................ Montbly rent S ..... ...7tJ..,....... .. ending ................................................... Securlly s... ...7"(,1.,,..0..0 Broker........................................................................................................................................................................................................................................................ UtDllle!I and senlces paid by Lnndlord: 0 wnter 0 sewer 0 gas 0 electric 0 Ja\l1l1nalntcllllll<C 0 snow removal 0 oU o exttrmlaatlng 0 other ..................................................................................... ...................................................................................................................... Altaehed Is a ................................ page rider whlcb Is a pnrl of Ihls J~ose, . I. Use The House must be used only as a private residence of the Tenant. Only a Tenant named above may use the House, However, this still remains subject to limits on who may legally occupy an lIouse of this si7.c, 2, Failure to give pos\C.~~lon Landlord shall not be liable if it cannot give Thnant possession on the beginning date of the Tenn, Rent slarts at Ihe beginning of Ihe Tenn unless Lnndlonl cannot give possession (rent shall then be payable when possession is available), Landlord must give possession within a reasonable time, or else Tenant may cancel and obtain a refund of money deposited, Landlord will notify Tenant when possession is availahle, The ending date of the Tenn will not change, 3. Rent, added rent The rent for each month must be paid by the first day, at Landlord's address, Landlord need not give nbtice to pay the rent. Rent must be paid in full without deduction, The first montll's rcnt (and any partial month's renl) will be paid when Thnanl signs this Leasc, Tenant may be required to pay other charges to LlIndlonlunder the lenns of this Lease, Whether or not stated as such, Ihosc other charges are considered "added rent." Added rent will be billed and is payable as renl, togetllcr with thc next monthly rent due. If Tenant fails to pay the added rent on time, Lnndlord shall have the same righls against Tenant as if Tenant failed to pay renl. 4, Term The Tenn will end on Ihe date stntcd abovc, Notices are not required to cnd the Tenn, 5, Notices Any bill, statement, approval, consent, pennission or nOlice must be in writing, If to Tenant, it must be delivered or mailed to the Tenant althe House, If to Landlord, it must be mailcd nr delivcred to Landlord's address,Jt will be considered dclivcred on the day mailed (or if not mailed, when len at thc proper address), They must be given by (i) certified or registered mail, rClurn receipl requested or (Ii) hand delivcry with written rcccipt. Each party must accept and c1nim the notice given by the othcr. Lnndlnnl will notify Tenant if 1~1ndlnnl's address changes, 6, Security Tenant gave security to Landlord in the amount staled above, The security has been deposited in the Bank named above and delivery of this Lease is noticc of the deposit. If the Bank is not numed, Landlord will notify Tenant of the Bank's name and address in which the securily is deposited, as may be required by law, If Tenant fails to limely perfonn any !enn in this Lease (such as paying rent on time), Landlord may use the security, If the Landlord uses the securily, Tenant shall (upon notice from Landlord) restore the security, That amount is due, when billed, as added rent, At all times Landlord shall have the amount of security stated above, If Tenant (i) fully perfonns alltenns of this Lease, (ii) pays rent on time, and (Hi) leaves Ihe House in good condition on the last day of Ihe Tenn, then Landlord will return the security being held, in accordance with law. Tenant may not apply security to pay rent, If 1~1ndlord sells or leases the House, Landlonl may give the security to the new buyer or lessee, In that case, Tenant will look only to Ihe new buyer or lessee 10 return the security, and Landlord will be deemed released from all Iiahility and obligations. Landlord may put the security anywhcre permitted by law, Tenant's security will earn interest only when and as required by law, 7. UliIilies and services Tenant will arrange and pay for all utililies and services, excepl the utilities to be paid by Landlord as stated above, Landlord has no obligation to provide (or Iiahilily for not providing) Ihe utililies Landlord pays for, Damage to the equipment or appliances supplied by Landlord, caused by Tenant's act or neglect, may be repaired by Landlord at Tenant's expense, The repair cost will be added rent. Tcnant must not use a dishwashcr, washing machine, drycr, freezer, healer, venlilalor, air cooling equipment or olher appliance unless installed by Landlord or with Landlord's written consent, Tenant must not use more electric than the House can safely carry, Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident, emergency, rcpairs or changes, until the work is complete, 8, Alterations Tenant must obtain Landlord's prior written consent to inslall any paneling, flooring, "built in" decoralions, partitions, railings, or to make alterations or 10 paint or wallpaper the House, Tenant musl not change or impair the plumhing, ventilating, air conditioning, electric or heating systems, If consent is given, the altcrations and installations will become the property of Landlord when EXHIBIT A ,compleled and. paid for, They will remain as part of the House at the end of the Term, However, Landlord may demand that Tenant remove the alterations and inslallnlions before the end of the Tenn, If Landlord wants them removed, Landlord will give Thnant at least IS-days' notice before the end of the Tenn. Tenant will comply with the demand at 'lenant's own cost. Landlord is not required to do or pay for any work unless stated in this Lease, If a lien is filed on the House for any reason relating to Tenant, Tenant must immediately payor bond the wnounl of the lien within 20 days, If not, Landlord may payor bond the lien, Landlord's costs shall be added rent, 9, Repairs Tenant must take good cure of the House and all equipment, property and fixtures in it, Landlord will repair the plumbing, heating and electrical systems, unless caused by Tenant's act or neglect. In that case Tenant must, at Tenant's cost, make all repain; and replacements, If Tenant fails to make a needed repair or replllCement, Landlord may do it, Landlord's costs will be added rent, (0, Fire, occident, defects, damage Tenant must give Landlord immediate notice of fire, accident, damage, or dangerous or defective condition, Landlord may repair the damage within a reasonahle time or cancel this Lease, If Landlord repairs, Tenant shall pay rent only to the dale of the fire or damage, and will resume paying rent when the House is usable, Landlord may cancel the Lease upon 3-days' notice to Tenant, If Landlord cancels, rent will be paid to the date of the fire or damage, II. Liability Landlord is not liable for loss, expense or damage to any person or property, unless due to Landlord's negligence. Landlord is not liable to Tenant for pennitting or refusing entry of anyone into the House. Tenanl must pay for damages suffered and expenses of Landlord relating to any claim wising from any act or neglect of Ten ant. If an IICtion is brought against Landlord because of Tenant's act or neglect, Tenanl will defend Landlord al Tenant's expense, with an attorney of Landlord's choice. Tenant is responsible for all acts or neglect of Tenant's family, employees, guests or invitees, 12. Entry by Landlord, signs Landlord may enter the House at reasonable hours to: repair, inspect, extenninate, install, mainlain, replace or perfoml other work that Landlord decides is necessary or desirable. At reasonable hours Landlord may show the House to possible buyers, lenders or lessees (of the entire House or land, or for the House), Landlord will try to give reasonable notice, except in emergency. Landlord may plllCe "for sale" or "for rent" signs on the House, 13, A.o;slgnment and sublease Tenant must not assign all or part of this Lease, or sublet all or part of the House, or permit any other person to use the House, Tenant must get Landlord's written pemlission each time Tenant wants to assign or sublet. Pennission 10 nssign or sublet is good only for that assignment or sublease, Tenant remains bound to the tenns of this lease after an assignment or sublet is permilled, even if Landlord accepts money from the new assignee or subtenant. The amount accepted will be credited against money due from Tenanl, as Landlord shall delermine, The assignee or subtenant does not become Landlord's tennnl, Tenant is responsible for acts and neglect of any person in the House, including a new assignee or subtenanl. 14, Subordination and attornment This Lease and Tenanl's rights are subject and subordinate (inferior) to all present and future: (a) leases for the House or the land on which it stands, (b) mOrlgages on the leases or the House or land, (c) agreements securing money paid or to be paid to a lender, and (d) temls, conditions renewals, changes of any kind and extensions of the mortgages, leases or lender agreemenls. For example, if the House or land is sold in a coart proceeding known as "foreclosure," the new owner may cancel this Lease before the Tenn ends, Tenant must promptly execule any certificale(s) that Landlord requests to ~how that this Lease is so subject nnd subordinate, Tenant nulhoril.Cs Landlord to sign these cellificnte(s) for Tennnt. A new owner may Willlt Tenant to remain as a tenant under tillS Lease. If the new owner requests, Tenant will sign an agreement recognizing thai, TIlis is know as "attol1lment." 15, Condelllnatlon "Condemnation" means thai a legal authority can take the House or land by paying Landlord, If all of the House and Innd is taken, the Tenn and Tenant's rights shall end when the nuthority takes title, If any pwt of the House or land is laken, L:mdlord may clmcel this Lease on notice to Tennnt. The cancellation dnte will be at least 30 days after the notice, If the Lease is cnncelled, Tenant must deliver the House to Landlord on the cancellation date, together with all reat due to that date, The entire payment for WlY taking belongs to Landlord. Tenant assigns to Landlord any interest Tennnt may have to any part of the payment, Tenant shall not make a c1nim for the vnlue of the remaining Teml, or for Tenant's interest in tile Lease, 16, Construcllon or demollllon Conslnlction or demolition may be perfonned in or near the House, This shall not affect Tenant's obligations in this Lease, even if it interferes witll Tenanl's ventilatinn, view or enjoyment of the House, 17, No liability for tenant's property Landlord is not responsible for (a) loss, theft or damage to the Tenant's property, or (b) injury caused by the Tenant's property or its use, Landlord does not carry insurnnce for Tenant's personal property, Tenant will obtain WId pay for that insurancc, 18, Playground, pool, parking and other rcc:reallon areas If tllere is a playgrocnd, pool, parking or other recreation areas, I.andlord may give Tenant pcnnission to use it, Tenant will use the area at Tenant's own risk WId must pay all fees Landlord charges, Landlord's pennission may be cancelled at WlY time, 19, Association The House may be pan of an "owners' association," "community association," urecreational association" or similar group. In that ease, all of the association's rules and regolations must be obeyed, 20. Sidewalks, steps, terraces and balconies The House may have sidewalks, steps, a lelTdCe or balcony, The temls of this Lease apply to the sidewalks, steps, terrnce and balcony, and they are considered part of the House, The Landlord may make special rules for the sidewalks, steps, terrace and balcony,IA1ndlord will notify Tenant of such rules, Tenant must keep the sidewalks, steps, lerrace and balcony clean and free from snow, ice, leaves and garbage. Tenant must keep all screens and drains in good repair, No cooking is allowed on the sidewalks, steps, terrace or balcony, Tenanlmay not keep planls, or install a fence or any addition, on the sidewalks, steps, terrllCe or balcony, If Tenant does, Landlord has the righl to remove and store them at Tenant's expense, Tenant shall mnintaill the sidewalks, steps, terruce WId balcony in good repair, 21. Tenant's certmcllle Upon request by Landlord, Tenant shall sign a certificate confirming the following: (I) this Lease is in full force and unchanged (or if changed, how it was changed); (2) Landlord has fully perfonned all of the terms of this Lease and Tenant has no claim against Landlord; (3) Tenant is fully perfonning all the tenns of the Lease and will continue to do so; (4) rent and added rent have been paid to date; and (5) any other reasonable statement required by Landlord, The certificate will be addressed to the party Landlord chooses, 22, COlTCCtlng Tenant's defaults If Tenant fails 10 timely correct a defnull, L.lIndlord may correct it at Tenwll's expense, Landlord's costs to correct tile defnult shall be added rent. 23. Tenant's duty to obey laws and regulations Tenant musl, at Tenant's expense, promptly comply with all laws, orders, rules, requests und directions of all governmental authorities, Landlord's insurers, Board of Fire UndelWriters, or similnr groups. Tenant will promptly deliver to Landlord notices from any uuthorily or group, Tenant will not do anything to increase Landlonl's insurance premiums, If Tenant does, Tenant must pay the increase in premium us ndded rent. 24, Tenant's defllult The following are not the only rights aDd remedies, They ore In oddltlon to those provided or pemlllled by law, A, Tenant's WalvIr of NotlCls, Landlord shall not be requlrtd to give 'llmant a notice of defaull, or an OpportUl'1Iy w comct any defaulL Thnant also waives the right to receive a "notice w qull" or "notice to vacate" from lAndlord. This means lAndlord Is not reqlllrtd to notify Tenallt to remove from (leave) the House. Landlord may give Tenant a tennination nolice (bul Landlord is not obligaled to give that notice), If given, the tennination nolice will slale the dale the Term will end, Tenanl must leave Ihe House and give Landlord the keys on or before the lem!inalion dale. Tenant continues to be responsible as stated in this Lease, B, If Tenant's applicalion for Ihe House contains any material misstatement of fact, Ihat is a default. C. If (1) the Lease is tenninated; or (2) rent or added rent is nOI paid on lime; or (3) 11:nant vacates the House; or (4) the Tenn has ended; or (5) 11:nant has defaulted in any obligation under this Lease, Landlord may, in addilion 10 olher rights and remedies, take any of the following sleps: (a) peacefully enter the House and remove Tenanl and any person or propeny, (b) use eviction or olher lawful method to take back the House and (c) sue for money damages, 0, If this Lease is tenninated, or Landlord takes back Ihe House, the following takes place: (I) Renl and added renl for the unexpired Tenn becomes due and payable al once, (2) Landlord may relel the House and anything in il. The relening may be for any tenn, L1ndlonl may charge any rent (or no rent) and give allowances 10 the new lenant. Landlord may, at Tenanl's expense, do any work Landlord reasonably feels needed 10 PUI the House in good repair and 10 prepare it for renling, Tenanl remains liable and is not released excepl as provided by law, (3) Any renl reeeived by Landlord for the re-renling shall be used first to pay Landlord's expenses and last 10 pay any amounts Tenanl owes under this Lease, Landlord's expenses include Ihe costs of gelling possession and re-renling the House, including, bul nol only, reasonable legal fees, brokers fees, cleaning and repairing cosls, decorating costs and advertising costs, (4) From lime to time Landlord may bring actions for damages, Delay or failure 10 bring an aClion shall nol be a waiver of Landlord's rights, Tenant is nol entilled 10 any excess of renls collecled over Ihe renl paid by Tenant 10 Landlord under lhis Lease, (5) Money received by Landlord from the next tenant (other than the monthly rent) shall not be considered as part of the renl paid 10 Landlord, Landlord is enlilled to all of it. If Landlord relets the House, the factlhal all or part of the next lenant's rent is nol collected does not affecl Tenanl's liability, Landlord has no duty to collecl the nexltenant's rent. Tenant musl continue 10 pay rent, damages, losses and expenses, withouloffset. E, Tenanl will pay Landlord all reasonable COSIS and expenses Landlord incurs to enforce Ihis Lease, This includes anomey's fees and court costs, 25, No jury trial lAndlord and Tenant wolve their right to a trial by jury In any action or proceeding brought by eilher against the other, for any molter concernlllg tl,ls Lease or the House, 26, No waiver, illegality Landlord's acceplance of rent or failure 10 enforce any tenn in this Lc.1se is not a waiver of any of Landlonl's rights. If a tenn in this Lease is illegal or unenforceable, the rest of this Lease remains in full force, 27, Insolveney If(l) Tenanl ussigns propeny for the benefit of creditors, or (2) a non-bankruptcy lrustee or receiver of Tenant or Tenant's property is appointed, umdlord may give Tenant3O-days' notice of temlilUltion of this Lc.'\.se, If any of the above is nol fully dismissed within the 30 days, the 1enn shall end us of the date stated in the notice, 11:nanl must continue to pay rent, damages, losses and expenses, without offset. 28, Rules Tenanl must comply with these Rules, Notice of new Rules will be given to Tenanl, Tenant receives no rights underthese Rules, (I) The comfort or rights of other neighbors musl not be interfered with, This means thaI annoying sounds, smells and IighlS are nol allowed, (2) No one is allowed on the roof, Nothing may be used in, kept in, placed on or allnched 10 fire escapes, sills, windows or exterinr walls of the House or in the hallways or other areas. (3) Bicycles must be slored in designated areas, (4) Tenant must give 10 Landlord keys 10 all locks, Doors must be locked at all limes. Windows musl be locked when Tenanl is out. All keys must be returned to Landlord al the end of the Tenn, (5) House floors must be covered by carpels or rugs, No walerbeds are allowed in Ihe House, (6) Dogs, cats, birds or other nnimals or pelS are not allowed in the House, Feeding them from the House, sidewnlks, steps, termce, balcony or other areas is nnt allowed, (7) Garbage disposal rules must be followed, Plumbing fixtures and all olher propcny nnd equipmenl Illust be used only for Iheir intended purpose, (8) L1undry machines, if any, are used at Tenanl's risk and cost, Instructions must be followed, (9) Improperly parked cars may be removed withoul nolice al Tenanl's cost. (10) Tenanl must not allow the cleaning of the windows or other part of the House from the outside, (II) Tenant shall conserve energy, (12) Tenant will keep the House safe and clean, and will not store or bring hazardous or flnmmable malerials inlo the House, (13) Tenant will not throw anything from the House, or hang or shake anylhing from sidewnlks, steps, windows, terraces or balconies, 29, Reprc.<;entatlons, changes 10 tease Tenant has read this Lease, All promises made by the Landlnrd are in this Lease, There are no others, This Lc.'\.sc may be changed only by an agreement in writing signed by and delivered 10 each party, 30, Landlord unable to perform Landlord may be delayed or unable 10: (a) carry oul Landlord's promises or agreements, (b) provide any service or utility required to be provided, (c) make any required repair or chnnge 10 the House, or (d) supply any equipmenl or appliances required 10 be supplied, Tenant's obligations are not affected if Ihal results from sellling insurance claims, obtaining eSlimates, weal her, labor or supply problems, public authorities, Tenant's act or neglect, or any other cause not fully within L1ndlord's reasonable control. 31, End of tenn At the end of the Tenn, Tenanl must leave Ihe House clean and in good condition, subject 10 ordinary weur and leur, Tenant will remove all of Tenanl's property, installations, alterations and decoralions, Tennnt will repair all damnges 10 the House caused by moving, Tenanl will restore the House to Ihe same or beller condilion as at the beginning of Ihe Tern!, 32, Space "as is" Tenanl has ins peeled Ihe House, Tenanl states they are in good order and repair and lakes the House as is, 33. Quiet Enjoyment Subject to the tenns of this Lea.se, as long as Tenant is not in deraull, Tenant may penceably and quielly have, hold and enjoy the I louse for the Tenn. l r , i I I I Signatures, elTedlve date l..nndlord and Tenant have signed this Lease as of the above dale. It is effective when Landlord delivers to Tenant a copy signed by all parties, If more than one Tenant signs Ibis lease, their liability wl1l be Jolnl and several, This means .~~~~iV~:'.':'IO~:'.~"'dr"iE'~~___..._..__._ '~';;~'~":::~~~.~.,,:::::R~;;;;L:.:..'.:':'::.:.'::'..::..::::::::::.::'::.':.:: GUARANTY OF PAYMENT AND PERFORMANCE , 34, Vehicles . The use or storuge of Tenant's or any olher person's vehicle, whether or not parkc:d or being driven in or about the parking = or gnruges, if WlY, shall at all times be at the sole risk of Teruull. Should WlY employee of uUldlordllssist ThnWlI with parking, moving or 1UU1dling TenWlt's or WlY other person's vehicle or other propeny, that employee is consilkred the agent of Teruull or such other person WId nol of I.lUldlord, None of them shall be liable to Teluull or to WlY other person for the act or omission of any employee, or for the loss of or danUlge to '.be vehicles or WlY of its conlenls, or other prnpeny, Any vehicle or personal propeny belonging to Tenant, which in the opinion of l..nndlord, is considered obWldoned, sholl be removed by Tenolll wilhin I day after delivery of wrillen notice to Tenant. If Tenant docs not remove it, Landlord may remove the propeny flUmthe urea, at Tenant's cost, Landlord is not liable for damage to, or caused by, WlY vehicles. This includes propeny damage and bodily injury. Tenant will indemnify WId defend Landlord for all liabilities, 35. I.nndlord's consent If Tenant requires Landlord's consent to any net and such consenl is not given, Tenant's only right is to usk the Court for 0 declaralory judgment to force Landlord to give consent, Tenant agrees not 10 make WlY claim against Landlord for money (or subtract WlY SUIII from the rent) because such consent was not given, 36. Umll of recovery agalru;t Landlord Tenon I is limited to Landlord's inlerest in lhe House for payment of a judgment or other coun remc:dy against Landlord, ;17, Pl1rtll'tl bound by leaw 111is Lease'is binding on the l..nndlord and the Tenant and all panies who lawfully succeW to their righls or take Iheir places, 3M, Landlord l.lllldlord lIIeWIS tlle owner of Ihe House, or tlle lessee of tbe Ilonse, or a lender in possession, Landlord's obligations end when LlImllord's inlerest in the House is 11lInsrem:d. Any lIels Landlord may do lIIoy be perfonnc:d by l.andlord's agents or employees, 39, Pl1ll1graJlh hel1dlngs 111e paragraph helldings ore for convenience only, 11ICY should IKl\ be nsed to inlel]ltl:t the Lease. 40, "'unlLsblllg.~ If tbe House is fumished, tbe fumiture WId olher items are accepted us is, If an invenlory is supplied, each pany shall sign u copy, At the end of tbe Term, TenWlt sholl relum them c1eun and in good order WId repair, Tenonl is not responsible for Urdillllry wear and lear, 41. Broker Tenant states that no broker assisted with leasing lbe House, except the Broker nalTled in tlle hending of this Leuse, Tenant will pay l.ondlord IIny money Landlord may spend if this statement is incorrect. 42, Care of House, grounds Tenant will keep tbe grounds neat and c1elln, Vehicles must be driven or parked only in driveways or the garage, ............,"..................................................................................................................... WITNESS : ...................................................................................,...................... Dale of Guaranty ............................................................................................. Guorulltor and address .......................... ....................................................... ......... .................................. ......................................................................................... I. Reason (or guanwly I know thallhc l.nndlonJ wuuld not rent the House 10 lhc TCIl3nt unle5s1 gtldfunh.:c Tenant's Fcrfonnancc.1 have also requested the LandlonJ (0 enter into the l.ca~ wilh lhe TCl1ilnl.1 have D SUlhllUllial illlcrc!lt in mllkillg sure Ihat Ihe l.aoolonJ Cl:llb the Premises 10 the Tenanl. 2. GUilnUlly I gUilJll.llty the full performance or lhe Ixase by Ihe Ten,lOt This OtliUitnly is ultsolule nnd wilhouI Dny condition. It inclLkks, bUI is not limited 10, the payment of rent and olher money charges. 3. Changes In Lease bane no erred This GUafullly will not be affected by Dny Ch.lllgc in the uase, whatsoever, TI1is includes, but is not Iimiled 10, any eXlell<jion of time or renewals, The GuurulIly will bind me even if I am nol a party to those ch:lIIgcs. 4. W..lu:rorNu((ce I do not have to be illfulIlIed ubout any defuull by Tenan!. I wwvc nOlice of nonpayment or olherdcrltult. 5. PertofDlBnCt If the Tennnt ddltulls.lhe l.andlonl may rClluire me 10 Ill:rrurm wilhuullinl demanding thai the Tenanl pcnunn. 6, WaJ,.r or jury trial t gl" up my rlghllo Irlnl by jury I. D'y rloilll rtlDtrd ID th.t..DSI or Ihls GUDrtJ/lty, 7. Changes This Ouarltnty can be ch:lIIgw only by wrillcllugrccmcnl signed by ulllJilrties 10 the I.c:ase and this GUl1nmly. Slgnalures WITNESS:. STATE OP COUNTY OP 55.: On tu<1hc 01 lJef.,.Jflollly.ppt'aled k.ncJv..n to me (or ulhr..lOrily plU\'ClI) 10 be the 01 . U..-pr.lIlillfl, aM lhal he IIluch orfiler, hdll~ illllhllCi/N 10 do 10. utJ;uLed the rurflotn,lnwumcnl rur the IIU'P"KI IIk."u:ill c:II11lllil\t'l1 by \ijtlillj Ihe tI.q.w"""61lu', 'WIll": by hiIl1Jhtf\t!r u ,uch IImcer. bdun: me, I NoLte)' l\lhli~' in and GUARANTOR: ................................................................................................. STATEOP COUNTY OP SI.: On forlhe Ilt'ntll\.lll) Ullfll.'oUuJ knowllln me (or ~,Ui.(iS4;hlfily plU\'c:n) to be the pcflOO(t) whost nlnle(" iI/are ~lIh\l'lillCtJ 10 the wlthill ill~llllllM:nllnd ...:knowleJ&C'd thai heJlhellhey executed the UllIC' (ur Ihe 1~'l"I)CS theldu c.'ulIlidnN. 01 bel... me,' NuI4I)' Public In and FROM JR CONSTRUCTION, INC. P.Q, BOlt 866 Carlisle. PA 17013 249-0313 / 697-8814 Proposn/ Propo,al No, 45 Shoot No, 04 Dolo 4-4-97 Proposal Submllled To Work To Bo Performod At Nome Joseph Ruda Street 65 Derbyshire Dr. City Carlisle Slale Penna. Telephone Numbor 249-0313 Slreel_.429 Ponderosa Rd. Cily CarIIsle Date of Plans Architecl Slale Penna. We hereby propose 10 furnish all Ihe materials and perform all the labor neceuary for Ihe completion of Clean up groundsr remove delapidaded shacks and all debri, haul away and dump several loads. MEMBER BETTER BUSINESS BUREAU All malerial is guaranteed to be os specified, and Ihe above work 10 be pcrrormcd in accordance with the drawings and speciFicalions submilled for above work and completed in a substantial workmanlike manner for the sum of Dollars 1$ 1 r 700.00 ). with payments 10 be made a, follows: Paid in full upon completion. Any alleralion or deviation from above specifications involving extra cosls, will be executed only upon written orders, and will become an exlra chargo ove, and above Ihe asH mole. All ogreements contingent upon slrikes, occidenls or delays beyond our conlrol. Owner to carry fire, tornado and olher necessary insurance upon above worle. Workmen's Compensation and Public Liability In,urance <In above work 10 be 10 ken oul by Respecllully ,ubmilled Per Note - This proposal may be withdrawn by u, if not accepled wilhin days ACCEPTANCE OF PROPOSAL The above prices, specificalions and condilions arc satisfactory and ore hercby accepled. You ore authorized 10 do the work os spocined, Payment will be made as oullined above, -____._.._ .Signature ___ ___ . __ ..Sigl1(Jlulc_ o .~. B 1.1TIIO I" U. G. A. EXHIBIT , 'f :1 " I. ~ . ~ .' , 'J 01 ., ..' S MnlO , .1 1:031 1031001,1:.51: 11":12:10"'51:.1, .. . . 5869 I +--:-:. ~225 I DATE "" 313,. 3230~. . , I ~r I $af~..C(): /' - DOLLARSIIli::>.-= i 4008 - \ 'I " 1 . ,n ( / 1 ' '~~l" ,,'00000250 ", I . I :; PAYTOntE j. ClOER Of ,.- I 4 ./! I., .. .... JOSEPH 5, RUDA TIA J R CONsmUCTION 9'5 DOUBLING GAP RD. 717.2411-0313 NEWVILLE. PA 172" &lMeridlaritl~C.2S~) t:'''J ! Bank " L",o..'-o. v l j ,i~!,,=~' ~~) ,-'IG" 605'. ~.~ ~ I CARUSlE, PA 171)13 ~~:.3~y~t~OA'>- 'S:~~~.::! ( 0,' . Meridian · ~. ~ Bank ~ t 1 ~31 ~L;~;1,1:.51: 11"312:10.-51:.1, II" ... . . . I , ~ 1 PAYrontE :.~ ORDER OF H 1'1 ') . Meridian ~ Bank "MEMO L ~......... ~ I:OB3I001,1:.51: . JOSEPH S. RUDA T/A J R CON8Tl1UCTIDN 65 DERBYS~IRE DR. CARUSlE, PA 17013 6233 r !. DATI! t ~ $cQrd~~ ~ LARS E5.':' j . ~ t ~ .. r- ~! ~ . : ! u"3I2:l0'''51:,1,1,1 . :r , , .. ~ . \ , ! I ! _Meridian , Bank ! L I "E"o "1 ~. ! ':0:1 BOO 1.1:. 51: ~ ~~~ ' '. I , ' , I ... , ~ ' , ~.t_ __~ ~ u":la:lOIll51:.1.1, I, 5~ ".oooooaoOO..oc:..] . " .1 . , , :1 PAYTO);HI! d ORDERC,_ J' ji " I 11 .Men'do " Ian i Bank J ~:I ~ :I~~'~'I:.~': JOSEPH S, RUDA TIA J A CONSmUCTlON 94S DOUBLiNCl ClAP RD. 717.2.9.0013 NEWVILLE. PA 17W . \ 5741 I I .Y J ~2i5 - ~ I I DOLLARS m =":' ~ , ~ jJ~f}.s ,~a. J; II" :I a :IOU! 51:. I. i"kl ,S? a.; l' ,'''000001:.0000 " \.' . ~ :J ~ 1 rAY TO THE Is ORDEll OF !~ I., =1 . Meridian ~ Bank 0202345.38 401) :, l J "~~:I ~ ;~~ I:. 5.: /1' :I 2 :10'. 5 Ii 1,,1,"" . II ~J 5597 ~ I) {,., - ~ ~19qb 3i3225~J _ $ Qoo, 19 0 ,~ DOLLi.RS 1 J JOSEPH S, RUDA T/A J A CONSTRUCTION 94S DOUBUNCl ClAP RD. 717.n6-4107 NEWVILlE, PA 172.1 ., .. ' >- U'l i ~ ..... ,..:: lr- E:; wQ .. :").... 11- '7 ...s Uc" ( , .-. lO -:to ~r-: ;;:: ~:J ~:. B a .9 0.. C ~;..~~~ -:t c; CO) tfl \{l CL C\J ..,:in ~ [tLl..' _I (::%1: ~ ~ ./ :::> 'Vllj .~ ~ , ~~ll.. 15 r- " :; C7' <J JOSEPH S. RUDA and TERRI L. IN THE COURT OF COMMON RUDA, HIS WIFE, PLEAS OF CUMBERLAND COUNTY PLAINTIFFS PENNSYLVANIA vs. No, .1997.1723 DENNIS S, SHOW AKER, DEFENDANT CIVIL ACnON - LAW Acceptance of Service Service of the complaint is hereby accepted and receipt of a copy on behalf of each defendant is hereby acknowledged, 1r-.1 ~, [Xj1.^-i/L ' Date: APRIL n ,1997 he defendant ..,.- .... i/~ Lr. '; c;., .-'( lU{ U' .. " ',' t::- , .-.. .. ~..J Yc ~l ;'i~ (.\. . " U-l ~ '!:":~ t r:~ ;Ij ~.- (.. l:.., t- ~ u, r- 6 0 0' if: 8' ,.. .:-... - - ,. -- ;;,-. "I. (!; . r..... :. .:, t.; ~ '.,!.I ,:- ,\. ...--. l::-. C.' I. LI._;. c- " r-- (I (~.... t- ri ~ ~~ () ~ \}.. ~ () "? G ':;j -:tl \)'" d ~ ;..1 ~ .- ;''"1 ;:J ',- JCS,,/,I/ r"t!~ \' I ') II v ~ " i<v J ,1 ) ) ) ) ) ) l / " (\ i J L.. In The Court of Coemon Pleas of Cumberland County, ?ennsylvania v ,Cl"7-{1;).J ~o. 19 D'~VIVII" ') s ~ 7 D W ,\ ,,(( ~ OATIl We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution or this Common- wealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately ~tated.) ~ 0 I,;, ~ I ., {I:' v c ~' (' -f. Y~l 4_ i-:> J." vi .J-,' {' ~'5 C' c; ?-'/tI ~r ./1,.. I rJ d ".(~,^Jbd 101 -Ih~-;;lv~l 0 \l ~l (.- ~ f- 1>4/70 ,~"1 'ft,./l,~ C /", .~ 'C~\c1 Ive I,,,,) I'" {<'Vbv Co+- -I-"'~ do.(".."lN"f ,"""',<>,,,,<,.j- '+~4 . ~ 1.- $5 ':,- 0, c... +" c ~ Cl', VI t, {-f. -1-1.. oe Q~"1 (, lJ ~\ f f,,~( ((>""1/ ", Arbitrator, dissents. (Insert name i: applicable. ) Date of Hearing: /1/11 /?'J Date of Award: 1,/11 /97 NOTICE OF ENTRY OF AWARD OI' 11 lOC). /7 ,., Now, the day IIV , 19:cL...., at 1ilJ..., 1:!...:1., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ) ~/J Arbitrators' compensation to be /(/~l1"'.rr ___P Ii f/(/lIo, / paid upon appeal: /J Prothonotary $ :7]0 ()f\ 3y:\ MJI.;",' P 7J:J..v,/cJ- Deput:1 Co f'l -J () C_'{J. \" J t7' J()Lo~ SLt'kc~'t, V S~A \ G~d.~ ~"-'LkLd~ ~,' {t/ ~l'Ulcl<t-~ ~ P1dA..'j t<o {[';IS ~u.JfcCl,... 0...,17 /.('''' JlJCJ.j.\,C-~ rn'u.'l trel /1/17 /97 (") '!3 (') c "" .,," ~ , .- :.:' :; .." ".-.:t. , ,- "l' rill ~ 0,- /- "\ ~., ., ::?t - ',c? -' . ,.1.. 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