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09-5561
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § CAUSE NUMBER: ?,?-'?/ 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § V. § § SAMUEL T. SHARP § 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. ORIG)NAL NOTICE TO DEFEND 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 the 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 t he 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 TAKETHIS 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 ("AN GO TO GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-2663 AVISO Le han demandado a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signientes, usted tiene viente (20) dis de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede decidir a favor del demandante y requiere que usted cumpla con todas las provisionesde esta demanda. Usted puede perder dinero o sus propiedades o otros direchos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-2663 Page 2 of 7. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § V. § SAMUEL T. SHARP § 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. § CAUSE NUMBER: 09• :x'54 / C4x-i 77cz.r. COMPLAINT NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows this Honorable Court the following: 1. Douglas L. Zook (hereafter "Plaintiff') is an individual doing business at 480 Running Pump Road, Lancaster, Lancaster County, Pennsylvania 17601. 2. Samuel T. Sharp, (hereafter "Defendant Samuel Sharp ") is an individual residing at 2607 South Woodland Boulevard, Number 272, Deland, Volusa County, Florida 32720. Service of Process may be had on Defendant Samuel Sharp at this address. Plaintiff is referred to in the contract as "Owner". 4. Defendant Samuel Sharp is variously referred to in the agreement as "LPer" 5. Venue for this action is correct since the contract between Plaintiff and Defendant was formed in Cumberland County, Pennsylvania. 6. On or about 11 October 2007, Plaintiff and Defendant entered into a contract to lease with an option to purchase a house located at 120 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17601. A copy of that agreement is hereby incorporated by reference and is attached to this Complaint as "Exhibit I". 7. The term of the lease began on 15 October 2007 and was to end on 31 December 2014, unless the purchase option was .exercised before the end date. The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms if the agreement between Plaintiff and Defendant. 9. As more fully set-forth below, the agreement obligates Defendant to, among other things, Page 3 of 7. 1.) pay Plaintiff rent in the amount of $995.00, payable on the first day of each month, and 2.) pay for all utility service, including sewer and trash expenses and 3.) to maintain the property. 10. Defendant defaulted on his lease obligation and moved from the dwelling on or about 15 April 2008. 11. Plaintiff regained possession of the dwelling on or about 18 September 2008. 12. As set forth in greater detail below, default by Defendant has damaged Plaintiff. 13. A copy of the Statement showing damages due to default by Defendant is attached as ""Exhibit 2". 1. DAMAGES TO DWELLING BY DEFENDANT 14. Plaintiff hereby incorporates paragraphs 1 through 13 of this Complaint as if set forth at length herein. 15. The agreement by and between the parties contains several terms where Defendant agreed to maintain the property as set-forth more specifically below. 16. Section 8A of the agreement contains a paragraph which states, "You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear..." 17. Section 8A of the agreement contains an additional paragraph which states "You must also maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in good working order or appearance. 18. Section 8A of the agreement contains an additional paragraph on page 3 which states "You must pay all the costs of maintaining the premises the same as if you actually owned the property without the benefit of the LP structure". 19. Paragraph 9, titled "DAMAGES FOR NEGLIGENCE:" states "You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises, including any guests". 20. Due to the existence of the contract, Defendant is responsible for the damage done to the property. 21. Defendant breached his duty to maintain the property as set forth in the contract and as such, are responsible for the costs of repairing any damage to the property. Page 4 of 7. 22. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for the damage done to the property and the costs of making necessary repairs. 23. Plaintiff has been damaged by Defendant's failure to maintain the property in an amount of at least $3,256.67. II. FAILURE BY DEFENDANT TO PAY REAL ESTATE TAXES AND INSURANCE DUE 24. Plaintiff hereby incorporates paragraphs 1 through 23 of this Complaint as if set forth at length herein. 25. Pursuant to the terms of the agreement by and between Plaintiff and Defendant, Defendant agreed to pay real estate taxes and insurance charges as they became due. 26. Defendant breached his duty to make such payments. 27. Due to Defendants failure to make such payments, Plaintiff was forced to pay them. 28. Due to the existence of the contract, Plaintiff is entitled to compensation for the cost of making the tax and insurance payments that Defendant agreed to make but did not. 29. Defendant has refused to pay the balance due and continue to do so. 30. Plaintiff has been damaged by Defendants' failure to pay property tax and insurance charges in the amount of $883.20. III. NONPAYMENT OF UTILITY CHARGES BY DEFENDANT 31. Plaintiff hereby incorporates paragraphs 1 through 30 of this Complaint as if set forth at length herein. 32. Paragraph 3 of the Agreement by and between Plaintiff and Defendant, titled "UTILITIES" states "You are responsible for the payment of all utilities and trash and other services related to the premises". 33. Defendant moved from the dwelling leaving unpaid utilities in the amount of $272.73 which Plaintiff was forced to pay. 34. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for Defendant's failure to pay utility charges, which Plaintiff was forced to pay. 35. Plaintiff has been damaged by Defendant's failure to pay the utility bills for the dwelling Page 5 of 7. in an amount of at least $272.73. IV. ATTORNEY FEES AND COSTS 36. Plaintiff hereby incorporates paragraphs 1 through 36 of this Complaint as if set forth at length herein. 37. Paragraph 21 of the Agreement by and between Plaintiff and Defendants, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and Leer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 38. Due to the existence of the agreement by and between Plaintiff and Defendants and the terms shown above, Plaintiff is entitled to recover all costs of court and attorney fees. PRAYER WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against Defendants in the amount of $5,412.60 as shown below: a. $3,256.67 for damages to property; b. $883.20 for unpaid real estate taxes and insurance due; c. $272.73 for unpaid utilities; d. All costs of Court; e. $1,000.00 for Attorney's fees; Page 6 of 7. f. Plaintiff requests the grant of such and other relief as the Court deems appropriate. Respectfully Subm' e r 14 Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889- 5989 Facsimile: (717) 441-3803 Email: volklawoffice@gmail.com Page 7 of 7. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 Plaintiff, V. SAMUEL T. SHARP 2607 South Woodland Boulevard, #272 Deland, FL 32720 Defendant. § CAUSE NUMBER: VERIFICATION I, Michael B. Volk am t he attorney for the Plaintiff in this matter. I verify that the statements contained in this Petition are true and correct to the best of my knowledge. I am making this verification as the Plaintiff is unavailable and time is of the essence. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn verification. Michael B. Volk Oct 11 07 05:35p Dave Miller 717-932-•9578 p.l RESIDENTIAL LEASE WITH PURCHASE OPTION You, Samuel T. Sharp (also called Lper in this contract), have given a deposit in the amount of $8000 (eight thousand dollars), After the Owner of the premises accepts and signs this lease, your deposit will become•non-refimdable and will be applied as follows: To non-refundable consi era o .. ............................:$8000 Your first lease ayment also known as LP pa ent) is due on or before 1 15/0 for the peno ,IO/15-10/31/07 .................: $497.50 The Non-refundable option consideration gives you the option to purchase the property during the term of the lease, so long as you do all the things you are agreeing to do, when you have agreed to do them. If Owner or his authorized agent does not accept and sign this agreement within 15 days, it shall terminate and your deposit will be returned. Y ou are offering to lease from the Owner the premises, described as a large double wide and the lot it sits on known as 120 Cranes Gap Rd. Carlisle Pa. 17013 in the County of Cumberland, State of PA upon the following TERMS AND CONDITIONS. TERM: The term of this lease will start on 10115/07____, and end on 12/31/2014________, unless the purchase option is exercised before the option terminates in accordance to clause 29. 2. MONTHLY PAYMENT: The Monthly LP payment at the start of the lease will be $_$995 per month due in advance on the first of each month to Owner or his authorized agent at the following address 480 Running Pump Rd, Lancaster, PA 17601 or at a different address if the Owner notifies you to change the address you send your payment to. The LP payment includes $ -0- as a payment toward taxes and insurance. If this amount is not enough to cover the actual taxes and insurance, the Owner will send you a bill for the difference which you agree to pay as additional rent within 30 days of being billed by Owner. If you are ever late paying a tax or insurance bill, then at Owners sole option you will be given notice of the monthly amount equal to 1/12 of the estimated taxes and insurance sbortfail that will be added to the mouthly LP payment for future tax and insurance bills, which shall then be due monthly with your LP payment as additional rent. If you don't pay your payment on or before the due date you must pay Owner a $100 plus $3 a day until paid late fee. If you bounce a check for any reason you must pay Owner a $30 bad check fee. I/We have read and fully understand and agrec to the terms and conditions contained in this entire agreement S.S Date I G 111 61 Uct 11 07 05:36p Dave Miller 717-932-9578 p.2 2 3. UTILITIES: You are responsible for the payment of all utilities and trash and other ongoing maintenance and cleaning services related to the premises. 4. USE: You may only use the premises as a single family residence. Any other use requires written approval from Owner. 5. PETS: You may not have pets on the premises unless you have written approval first from Owner. If Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a particular pet or pets, that does not automatically approve other pets without written permission from Owner. 6. ORDINANCES AND STATUTES: You agree to comply with all deed restrictions, statutes, ordinances and requirements of municipal, state and federal authorities now in force, or which may be put into force at a later time, pertaining to your use of the premises. 7. ASSIGNMENT AND SUBLETTING: You may not assign this agreement or sublet any portion of the premises without written approval from the Owner. If Owner approves one assignment or sublet, that does not automatically approve other assignments or sublets without written permission from Owner. 8. MAINTENANCE, REPAIRS, OR ALTERATIONS: You have inspected the premises and acknowledge it is in good order and repair and accept it as it was shown to you. Any exceptions are noted here: NONE 8.a. WAIVER OF WARRANTIES, ACCEPTANCE AS IS: This agreement constitutes the entire contract between the parties hereto and the Owner is not liable or bound in any manner by expressed or implied warranties, guaranties, promises, statements, representations, or information pertaining to said premises. Except as noted on the line above, the LPer agrees to take the premises as is and with any and all faults, known or unknown. The LPer waives any and all statutory or implied warranties with regard to defects in, or the habitability of, the premises. The terms of this waiver shall survive settlement if Lper exercises the purchase option. You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture and furnishings in the premises and shall turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear. Pet stains and odors and other pet damage shall not be considered normal wear and tear, even if pets were approved by Owner. You must water and maintain any surrounding grounds, including any storm water facilities, and you must maintain drainage away from the house including any downspout extensions or pipes. You must maintain all lawns and shrubbery and keep the premises clear of rubbish or weeds. You must also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of the home in good working order and appearance. You have inspected and verified the operating condition of the smoke detectors and agree to maintain them in an operating condition including weekly testing and battery replacement when needed, at all times. You must get written permission from Owner to paint, paper, or otherwise decorate or make alterations to the premises. VWe have read and fully understand and agree to the terms and conditions contained in this entire agreement 5-5 Date 10 1 1 1 cacti 4 .4 u-1 u5: 36p Dave Miller 717-932--9578 P.3 You must keep all kids toys in the back of the house out of site or inside when not being played with, no bikes, toys, trampolines, etc may be stored in the front yard. All grass must be kept under 5" in length at all times. You must pay all the costs of maintaining the premises the same as if you actually ovmc4 the property without benefit of the LP structure. Upon notice from Owner, the local municipality, any state or federal agency, including but not limited to Soil Conservation Service (SCSI or the Department of Environmental Protection (DEP), you must immediately comply with any and all assessments and requirements including but not limited to any National Pollutant Discharge f3lirnination System Permit (NPPES) or other permit reggirements pertaining to the property, at all times, and if Owner, at it's sole option, attempts to defend against such an assessment or requirement and/or receives a fine due in full or in part to your non- compliance with these requirements, you must reimburse Owner for all costs of defense against said action and also for (at Owners sole option) bringing the premises into compliance together with any fines and/or legal costs incurred by Owner by your failure to comply, at cost plus 201/0, within 10 days of being billed by Owner. This obligation shall survive settlement if the purchase option is exercised. 9. DAMAGES FOR NEGLIGENCE: You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises including any guests. 10. ENTRY AND INSPECTION BY OWNER. You must permit Owner or Owners Agent to enter the premises at reasonable times and upon reasonable verbal or written (at Owners sole option) notice for the purpose of making necessary repairs, or to show the premises to prospective LPer, purchasers, or mortgage's, or to see if premises is being kept in conformance with this agreement. For these purposes, 24 hours is deemed reasonable and acceptable notice. 11. INDEMNIFICATION: Under no circumstances will Owner be liable for any damage or injury to You , or any other person, or to any property, occurring on any part of the premises. You agree to hold Owner harmless from any claim for damages, no matter how caused, and you also agrees to indemnify Owner for any and all damage, losses or injury occurring on or because of the premises for which claim is made against the Owner or premises including, but not limited to, costs and attorneys fees incurred in defending against any claims or in enforcing this agreement. 12. PHYSICAL POSSESSION: If Owner is unable to deliver possession of any or all the premises on the start date of the term, Owner won't be liable for any damages that result. This will also not cause this agreement be void or void-able, except at Owners sole option, but you will not have to pay any LP payment for the undeliverable part until possession is delivered. If this agreement applies to property which is new construction, possession shall be considered to have been delivered on the day after Certificate of Occupancy (if required) is received by Owner, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality. You may terminate this agreement if full possession is not delivered within 180 business days of the start of the term and all option consideration paid shall be refunded. Any delay in the delivery of physical possession shall not extend the end date of the term or the option expiration date. Your LP payment obligation will start on the date of the start of the term according to Clause 1 above, or the date of the acquisition of any required certificate of Occupancy, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality, whichever is later, regardless of when you actually move in. 1/We have read and fully understand and agree to the terms and conditions contained in this entire agreement 5 6 Date 10 It to-) Oct 11 07 05:36p Dave Miller - - 717-932-9578 10.4 13. DEFAULT: It shall be a default under this agreement if You fail to (1) pay the full LP payment or any other payment required by this agreement when due, or, (2) perform any duty, obligation, or fulfill any responsibility required of You by this agreement within 3 days of verbal or written notice of any such default. In the event of any such default, as set out in this section 13.(2) YOU MAY CURE THE DEFAULT BY PERFORMING WITHIN THE THREE DAYS. AS TO ALL OTHER DEFAULT, IT SHALT, BE NON-CURABLE AND the Owner, at his sole option, may terminate all your rights under this agreement, there is no notice required and no cure period for default resulting from non-payment or late payment of the LP payment). In the event of a default by you lasting more than 3 days, Owner may elect to (a) continue the lease in effect and immediately accelerate all payments due along with costs and fees provided herein, (without the right to purchase) and enforce all rights and remedies belonging to Owner under this agreement, including the right to recover the LP payment as it becomes due, or (b) at any time, terminate all of your rights under this agreement and recover from LPer all damages incurred by reason of your breach of the lease, including the cost of recovering the premises and the value of the LP payment for the balance of the remaining term of the lease, even if your default be remedied after 3 days from the effective date of notice. Actual damages for the remarketing of the property shall be deemed to be 6% of the option price, plus all loss of rent and any get ready costs and costs of collection incurred by Owner until a new buyer or Leer is found. Pending an accounting of actual damages, liquidated damages in the event of a default shall be deemed to be $8000.00 plus costs of collection and may be pursued at Owners sole option in addition to other actual damages. 14. ABANDONED PROPERTY: If you abandon or vacate the property, while in default of the payment of LP payment, Owner may consider any property left on the premises to be abandoned and may immediately dispose of the same in any manner and/or at Owner's sole option, retain full and complete title to the property abandoned without any notice to LPer. In the event the Owner reasonably believes that such abandoned property has no value, it may be discarded. You agree that all property on the premises is subject to a lien in favor of Owner for the payment of all sums due hereunder to the maximum extent set forth in this Agreement 15. WAIVERS: No failure of Owner to enforce any term of this agreement shall be deemed a waiver of that term currently or in the future, nor any other term contained in this agreement. Specifically, the acceptance of partial payment of LP payment or any other payment required by this agreement shall never be deemed a waiver of Owners right to the full amount due. 16. NOTICES: Any notice, which either party may or is required to give may be given by hand delivery or by mailing the same First Class Mail postage prepaid to Leer at the premises or by posting conspicuously on the front entrance of the premises, or to Owner by both regular and Certified Mail, postage prepaid to both addresses shown below or at such other places as may be designated by the Owner from time to time. Notice to Owner shall be deemed to have been given upon the day showing on the signed certified mail return receipt. 17. NON-MODIFICATION: Acceptance of partial payments or a late payment by Owner shall not modify this agreement. 18. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns, and successors in interest to both the Owner and You , except as precluded by Paragraph 7 herein. 19. TIME: Time is of the essence to this agreement. This means all dates and time frames must be honored strictly. I/We have read and fu"derstand and agree to the terns and conditions contained in this entire agreement _ Date l U i t 7 Oct 11 07 05:36p Dave Miller 717-932-9578 p.5 20. HOLDING OVER: If you do not exercise the purchase option and you want to stay after the end of the term of this agreement is expired, then with the consent of the Owner, your staying will be a month-to-month tenancy with the other terms of the agreement, except the purchase option provision, remaining unchanged. When you want to end the month to month tenancy you must give 60 days written notice from the first of the month to Owner. You must give 60 days notice of your intention to vacate prior to the end of initial term. Your failure to provide such 60 days notice shall be considered your application for holding over month- to-month tenancy in accordance with this clause. No such holding over or extension of this lease shall extend the time for the exercise of the purchase option unless otherwise agreed upon, IN WRITING, by Owner. 21. ATTORNEY FEES AND COSTS: In any action or proceeding involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from Leer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option price or the actual fees, whichever is greater. 22. OPTION: So long as Leer is not, AND has not ever been at any time, in default in the performance of any term of this lease, Leer shall have the option to purchase the premises for a PURCHASE PRICE OF $129,900 plus all costs of Owner placing permanent financing to carry this for you, and any prepayment penalty required by Owners underlying lender at the time Lper exercises their option to purchase under the following TERMS and CONDITIONS: A. Each time the current LP payment (as adjusted from time to time by the terms of this agreement) in the LP payment envelope is postmarked by the due date and mailed to the Owner, or electronic payment is made on or before the due date, You shall be entitled to a 9.99%APR 30 yr amortization credit toward the purchase price, when exercising the option to purchase. In the event that Owner's interest rate rises on any mortgage he has on the property while you are leasing it, your LP payment and/or amortization credit (at Owners sole option) will change, to reflect the increase. Depending on your start payment, you may have an initial negative amortization credit. B. Your option to purchase cannot be sold or assigned without the Owner's written permission. You may not sublease the premises without the Owner's advance written permission. Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld by Owner. C. If there is any default of any of the terms of this agreement that is not cured under the terms of this agreement or if it shall become necessary to evict the Leer for any reason or if the Leer does not exercise it's purchase option, the LP payment amortization calculation credit is canceled. D. When the purchase option is exercised the property shall be conveyed in its then "as is" condition with no warranties/representations or guarantees by Seller. E. The nonrefundable option consideration shall be credited to buyer's purchase price along with any LP payment amortization credit earned when the option is exercised. Except as expressly set forth in this agreement, NEITHER THE OPTION CONSIDERATION NOR THE LP PAYMENT AMORTIZATION CREDIT IS REFUNDABLE UNDER ANY CIRCUMSTANCE. F. You are responsible to arrange your own financing for the purchase price if you exercise your purchase option. I/We have read and full understand and agree to the terns and conditions contained in this entire agreement Date Q 1 0'1 Uct 11 07 05:36p Dave Miller _ 717-9332-9578 p.6 G. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the LP payment and/or interest rate for calculation of any amortization credit by 10% for each year in which there is any late payment, without further notice to you. H. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the option price by 101/9 for each year in which there is any late payment, without further notice to you. J. On _1/1/09 the monthly payment (before adding 1/12 the estimated annual taxes and insurance) will increase to $ 1150. 23. DISCLAIMER: You acknowledge that there is no way to know what the availability of financing, total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise your option to purchase. Therefore, you agree that these items shall not be conditions of performance of this agreement and you agree that you have not relied upon any representations or warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to these issues. 24. FIXTURES: All improvements, fixtures, attached floor coverings, draperies including hardware, shades, blinds, window and door screens, storm sash, combination doors, awnings, and items permanently attached, shall be included, unless specifically excluded here NONE 25. ENCUMBRANCES: LPer shall take title t0 the premises subject to (1) Real Estate Taxes not yet due and (2) Covenants, conditions, restrictions, reservations, rights, rights of way and easements, if any. 26. EXAMINATION OF TITLE: You will have Fifteen (15) days after you notify Owner of your intention to exercise the option to, purchase to order at your own cost, from a title company approved by Owner at owner's sole discretion, and examine the title to the property and to report in writing any valid objections you have. Any exceptions to the title, which would be disclosed by examination of the record, shall be deemed to have been accepted unless you report them within the allowed fifteen (15) days. If you object to any exceptions to the title, Owner may, at his sole option, use all due diligence to remove such exceptions at his own expense, within ninety (90) days after receiving your report in writing. But if such exceptions cannot be removed within the ninety (90) days allowed, or if owner elects not to remove such exceptions, all rights and obligations hereunder may, at your option, terminate and end unless you elect to purchase the property subject to such exceptions. 27. CLOSING COST'S: At closing, You will pay all transfer tax, title fees and other closing costs. 28. PROBATIONS: All LP payments, taxes, premiums on insurance, and other expenses of the property to be prorated as of possession by You. I/We have read and fully understand and agree o the terms and conditions contained in tors entire agreement 5-S Date 16 l l v Oct 11 07 05:37p Dave Miller 717-932-3578 p.7 29. EXPIRATION OF OPTION: This option may be exercised at any time after _10/15/07 7 and shall expire at midnight _12131/08 . After the expiration date of the option, this agreement shall be a lease only. Owner will have no further obligation to you related to the option and you will have no more rights under the option, whether legal or equitable. After expiration of option, Landlord at it's sole option, may at any time give 90 days written notice to Lper and terminate the lease. 30. NOTICE AND EXERCISE OF OPTION: When you have decided to exercise your option to purchase you must mail a notice of your intention, together with an additional $1000 in option consideration, to the owner, at least 60 days prior to the expiration of this option. If you have not defaulted on any of the terms of this agreement, when you exercise the option, the non-refundable option consideration and any credit due from the LP payment as noted in section 22 shall be credited to your purchase price and closing costs. 31. SEVERABILI7Y: If any part of this agreement is held to be invalid or unenforceable, in whole or in part, then that provision will be ineffective only to the extent of the invalidity or unenforceability without in any way affecting the validity or enforceability of the remaining parts of this agreement. 32. JOINT AND SEVERAL LIABILITY: If any default occurs, each of you, if there be more than one, shall be jointly and severally liable under all terms of this agreement. This means each of you may be held responsible individually for payments of all amounts due under this agreement. 33. OTHER DEBT: As part of this agreement, You agree to incur NO ADDITIONAL DEBT without the written consent of Owner. You also agree to pay all present payments on time. If you do not pay all present payments on time, or you incur additional debt without the written consent of Owner, you will be in default of this agreement. You agree that Owner or his agent shall have the right at any time to obtain a credit report and/or employment and income source verification on you during the term of this agreement and any subsequent agreements or actions related to this agreement. 34. INSURANCE REQUIREMENTS: At all times Leer shall fully insure the premises for both physical damage and liability with the Owner as the primary insured party. Coverage's to be minimum $500,000 liability and option price. In the event Owner elects, at its sole option, to directly acquire insurance, LPer's payment shall be increased according to the cost of the insurance plus a 10% administration fee; in this case, Owner's policy will not cover your personal property or liability, therefore Owner requires you to obtain a renters insurance policy to provide liability and contents coverage for you and your personal property and to name Owner as an additional insured on your renters policy. 35. SALES TAX: You are responsible for all sales tax due if the State determines at some time that this is a taxable transaction. In the event ofa determination that sales tax is payable on the LP payment, your payment will be adjusted accordingly. 36. VENUE: You agree that regardless of where this agreement was signed, that this agreement shall be treated for legal purposes as entered into at Owners main office in Lancaster County, PA and that any legal actions that result from this agreement shall be in the proper jurisdiction of the District Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of Lancaster County, PA or the District Justice or Courts of Common Pleas where the property is located, at Owners sole option. UWe have read and full understand and agree to the terns and conditions contained in this entire agreement Date O /0-1 Oct 11 07 05:37p Dave Miller 717-93.2-9578 P.8 37. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the 8 "record" owner. There may also be other equitable partners but Owner signing below has authority to act for all partners, if any. 38. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent underlying financing for Owner. In the event this does not close, this agreement, at Owners sole option, may be declared null and void. 39. ENTIRE AGREEMENT- You acknowledge that this document contains the entire agreement between you and the Owner, his agents, employees or related parties and that you have no other oral or written agreements with Owner or any other person or business related to this property. 40. LEGAL REVIEW. You acknowledge that Owner has recommended that you have this Agreement reviewed by legal counsel to make sure you understand the legal significance of all terms and conditions of this agreement and you have either A) done so; or B) waived this recommendation. You also acknowledge that this Agreement and all terms and conditions of it were open to negotiation and that you are satisfied with all terms and conditions, as they exist. 41. SUPERSEDING AGREEMENT: This agreement supersedes all others between the parties and any affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insurance and any amortization credit due under preceding LP agreement, if any. If at any time, to facilitate Lper obtaining financing, Owner and Lper enter into a simple sales agreement for the property, that sales agreement and any term within it shall never in any way supersede or modify the terms of this agreement. All term of this agreement shall supersede all terms of any sales agreement done for financing convenience purposes and the terms of this agreement shall remain in full force and effect at all times even when a lender is processing a loan under an additional sales agreement. 42. BROKER DISCLOSURE: Douglas L. Zook is a Licensed RE broker functioning solely as a principle in this transaction. You agree there are no brokers involved in this transaction unless identified here NONE 43. AUTOMATIC PAYMENT: You agree that all LP and other payments required by this Lease can be taken from your bank account by automatic electronic withdrawal on their due dates. 44. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to the start of term of this agreement, you will owe in advance an amount equal to 1/30 of the monthly payment for each day you occupy prior to the start of the term. No amortization credit will accrue for this preoccupancy. 45. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to purchase agreement and shall never be construed to be an installment sales agreement under any circumstance. 46. RECORDING. Under no circumstances shall Tenant record this lease. Landlord may record at his sole option. 47. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached: I/We have read and fully understand and agree to the terms and conditions contained in this entire agreement ?? Uate to ti 1O7 Oct 11 07 05:37p Dave Miller 717-932-9578 p.9 48. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is extremely important to address it immediately. Please contact Owner immediately if any moisture problem develops so Owner can suggest ways to minimize the risk of mold developing so you can protect your home and your health. Owner will not be liable for any damage or injury to You , your invitees, or any other person, or to any property, related to mold. 49. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as natural gas which your home may be heated with. If you do not keep your heat system and hot water heater maintained, carbon monoxide can be released into the home which can make you sick and can even kill you. It is your responsibility to keep your home maintained at all times including your gas systems to protect your health. While not required by law, Owner recommends you have a carbon monoxide detector operable in your home at all times. They can be acquired at the local hardware store for less than $50. Owner will not be liable for any damage or injury to You, your invitees, or any other person, or to any property, related to carbon monoxide. 50. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon are easily mitigated by a vent system. Owner makes no representations about the existence or non- existence of radon in this home. You are encouraged to satisfy yourself if you have any concerns about radon in your home. 51. WATER QUALITY It may or may not as yet be determined if your home will be dependent upon a public water supply or on a well. If it is or becomes dependent upon a well, owner makes no representations or warranties as to the quality of water from the well, the measures, equipment or costs which may be necessary to store, deliver or treat the water, in order for it to be suitable for domestic use and consumption. Under no construction of this agreement, implied or express, shall Owner be considered responsible for the ultimate quality or suitability of the water for domestic use. Water quality can change over time due to many environmental and uncontrolled factors. Water testing is readily available and Leer is encouraged to investigate and become satisfied as to any concerns about water quality in your home. It is solely the responsibility of LPer to do so, if desired, and LPer agrees to hold Owner harmless from any claims by LPer or claims by parties in possession by or through LPer, from all damages, costs and attorney fees, which may be applied to Owner as a result of such claims. 52. ARBITRATION CLAUSE: This Agreement shall be governed by and construed in accordance with the law of the State of Pennsylvania. Any action to pursue eviction or regain possession and obtain judgment for rent liability and property damage may be pursued in the appropriate courts of said state, at the sole discretion of the Owner. Any other claims or action, by either party, to enforce or interpret this agreement and all other disputes under the agreement shall be resolved by binding arbitration in Lancaster, PA. Either party shall give notice according the notice provisions of this agreement, sending the other a demand for arbitration under this clause. Both parties may agree on an arbiter or, if they cannot agree on an arbiter within 30 days of the date of the demand, each shall pick an arbiter within 45 days of the date of the demand. Those two picked arbiters shall choose a third arbiter within 10 days thereafter (55 days of the demand date) and the arbitration will proceed as directed by the arbiter/s and as otherwise proscribed according to the Laws of said state. Time is of the essence and failure to timely join in the choice of arbiter/s, by either party, shall be conclusively deemed a waiver of the right to choose and the matter will proceed under the single arbiter chosen timely. 1/We have read and fully understand and agree to the terms and conditions contained in this entire agreement <_Date O i I p 7 Oct 11 07 05:37p Dave Miller 717-932-9578 p.10 10 53. REPLACEMENT CONTRACT: Should Owner determine at anytime that he wishes to partition the lease from the purchase option, Owner shall present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions contained in this entire agreement and that you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS _1/ DAY OF OC 2006 Witness w Leer (SEAL) -ZG??f JN,456_ 49? Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland Fl. 32720 ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges having a signed copy of it. Owner Owner. Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 17601 Granby, CO 80446 Oct 11 07 05:37p Dave Miller 717-932-9578 ---• - P.10 10 53. REPLACEMENT CONTRACT: Should Owner determine at anytime that he wishes to partition the lease from the purchase option, Owner shall present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions contained in this entire agreement and that you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS 1/ DAY OF OC 2006 Witness Leer (SEAL) Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland Fl. 32720 ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges aving si ed py of it. Owner Owner: Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 17601 Granby, CO 80446 DOUGLAS L. ZOOK 480 Running Pump Road Lancaster, PA 17601 Telephone: 717-735-0030 Fax: 717-735-0029 Statement of Rent and Charges Due July 26, 2009 Samuel T. Sharp 120 Cranes Gap Road Carlisle, PA 17013 Rent due through term of lease or until Another Lper move in: 05/01/08 $0.00 Real Estate Taxes and Insurance Due: $883.20 Utilities Due: $272.73 Damages to Home: $3,256.67 Net Amount Due and Owing: $4,412.60 T ?! t t c r 4114 G'? ?- rte. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § V. § SAMUEL T. SHARP § 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. § CAUSE NUMBER: 09-5561 CIVIL PRAECIPE TO RENEW COMPLAINT TO THE PROTHONOTARY: Kindly renew the writ in the Complaint in above styled and numbered cause of action. Respectfully Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889-5989 Facsimile: (717) 441-3803 Email: volklawoffice@gmail.com OF A%Ma§W 30 A 9: 36 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 Plaintiff, V. SAMUEL T. SHARP § CAUSE NUMBER: ORIOINAL 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § § Defendant. § NOTICE TO DEFEND 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 the 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 t he 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 TAKETHIS 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 GO TO GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-2663 AVISO Le han demandado a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signientes, usted tiene viente (20) dis de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede decidir a favor del demandante y requiere que usted cumpla con todas las provisionesde esta demanda. Usted puede perder dinero o sus propiedades o otros direchos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-2663 Page 2 of 7. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § V. § § SAMUEL T. SHARP § 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. § CAUSE NUMBER: FIRST AMENDED COMPLAINT NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows this Honorable Court the following: Douglas L. Zook (hereafter "Plaintiff') is an individual doing business at 480 Running Pump Road, Lancaster, Lancaster County, Pennsylvania 17601. 2. Samuel T. Sharp, (hereafter "Defendant Samuel Sharp ") is an individual residing at 2607 South Woodland Boulevard, Number 272, Deland, Volusa County, Florida 32720. Service of Process may be had on Defendant Samuel Sharp at this address. 3. Plaintiff is referred to in the contract as "Owner". 4. Defendant Samuel Sharp is variously referred to in the agreement as "LPer" 5. Venue for this action is correct since the contract between Plaintiff and Defendant was formed in Cumberland County, Pennsylvania. 6. On or about 11 October 2007, Plaintiff and Defendant entered into a contract to lease with an option to purchase a house located at 120 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17601. A copy of that agreement is hereby incorporated by reference and is attached to this Complaint as "Exhibit 1". The term of the lease began on 15 October 2007 and was to end on 31 December 2014, unless the purchase option was exercised before the end date. 8. The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms if the agreement between Plaintiff and Defendant. 9. As more fully set-forth below, the agreement obligates Defendant to, among other things, Page 3 of 7. 1.) pay Plaintiff rent in the amount of $995.00, payable on the first day of each month, and 2.) pay for all utility service, including sewer and trash expenses and 3.) to maintain the property. 10. Defendant defaulted on his lease obligation and moved from the dwelling on or about 15 April 2008. 11. Plaintiff regained possession of the dwelling on or about 18 September 2008. 12. As set forth in greater detail below, default by Defendant has damaged Plaintiff. 13. A copy of the Statement showing damages due to default by Defendant is attached as ""Exhibit 2". 1. DAMAGES TO DWELLING BY DEFENDANT 14. Plaintiff hereby incorporates paragraphs 1 through 13 of this Complaint as if set forth at length herein. 15. The agreement by and between the parties contains several terms where Defendant agreed to maintain the property as set-forth more specifically below. 16. Section 8A of the agreement contains a paragraph which states, "You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear..." 17. Section 8A of the agreement contains an additional paragraph which states "You must also maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in good working order or appearance. 18. Section 8A of the agreement contains an additional paragraph on page 3 which states "You must pay all the costs of maintaining the premises the same as if you actually owned the property without the benefit of the LP structure". 19. Paragraph 9, titled "DAMAGES FOR NEGLIGENCE:" states "You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises, including any guests". 20. Due to the existence of the contract, Defendant is responsible for the damage done to the property. 21. Defendant breached his duty to maintain the property as set forth in the contract and as such, are responsible for the costs of repairing any damage to the property. Page 4 of 7. 22. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for the damage done to the property and the costs of making necessary repairs. 23. Plaintiff has been damaged by Defendant's failure to maintain the property in an amount of at least $3,256.67. II. FAILURE BY DEFENDANT TO PAY REAL ESTATE TAXES AND INSURANCE DUE 24. Plaintiff hereby incorporates paragraphs 1 through 23 of this Complaint as if set forth at length herein. 25. Pursuant to the terms of the agreement by and between. Plaintiff and Defendant, Defendant agreed to pay real estate taxes and insurance charges as they became due. 26. Defendant breached his duty to make such payments. 27. Due to Defendants failure to make such payments, Plaintiff was forced to pay them. 28. Due to the existence of the contract, Plaintiff is entitled to compensation for the cost of making the tax and insurance payments that Defendant agreed to make but did not. 29. Defendant has refused to pay the balance due and continue to do so. 30. Plaintiff has been damaged by Defendants' failure to pay property tax and insurance charges in the amount of $883.20. III. NONPAYMENT OF UTILITY CHARGES BY DEFENDANT 31. Plaintiff hereby incorporates paragraphs 1 through 30 of this Complaint as if set forth at length herein. 32. Paragraph 3 of the Agreement by and between Plaintiff and Defendant, titled "UTILITIES" states "You are responsible for the payment of all utilities and trash and other services related to the premises". 33. Defendant moved from the dwelling leaving unpaid utilities in the amount of $272.73 which Plaintiff was forced to pay. 34. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for Defendant's failure to pay utility charges, which Plaintiff was forced to pay. 35. Plaintiff has been damaged by Defendant's failure to pay the utility bills for the dwelling Page 5 of 7. in an amount of at least $272.73. 36. Plaintiff hereby incorporates paragraphs 1 through 35 of this Complaint as if set forth at length herein. 37. On or about 5 October 2009, Defendant falsely and fraudulently represented to Plaintiff that that he intended to perform under the terms of the agreement between the parties and that he had sufficient financial resourcesto do so. 38. The representations made by defendant were in fact false. The true facts were that Defendant had no financial resources with whichto paythe loan, nor any intention to do so. 39. Defendant made these representations with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to enter into the contract. 40. Plaintiff, at the time these representations were made by Defendant was ignorant of Defendant's misrepresentation of his financial status and of his intention not to perform. Plaintiff, in the exercise of reasonable diligence, did not discover Defendant's true financial status or intentions. 41. In reliance on Defendant's representations, Plaintiff was induced to enter into the Contract. 42. If Plaintiff had known of the true financial condition and actual intentions of Defendant, Plaintiff would not have taken such action. 43. As a proximate result of Defendant's fraud and deceipt, Plaintiff Plaintiff has been damaged in the amount of $4,412.60, in addition to attorney's fees and costs of court. V. ATTORNEY FEES AND COSTS 44. Plaintiff hereby incorporates paragraphs 1 through 43 of this Complaint as if set forth at length herein. 45. Paragraph 21 of the Agreement by and between Plaintiff and Defendant, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 46. Due to the existence of the agreement by and between Plaintiff and Defendant and the teens shown above, Plaintiff is entitled to recover all costs of court and attorney fees. Page 6 of 7. PRAYER WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against Defendants in the amount of $5,412.60 as shown below: a. $3,256.67 for damages to property; b. $883.20 for unpaid real estate taxes and insurance due; c. $272.73 for unpaid utilities; d. All costs of Court; e. $1,000.00 for Attorney's fees; f. Plaintiff requests the grant of such and other relief as the Court deems appropriate. Respectfully S Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889- 5989 Facsimile: (717) 441-3803 Email: volklawoffice@gmail.com Page 7 of 7. ex"1131pt 1 Oct 11 07 05:35p Dave Miller 717-932-9578 p.l 1 RESIDENTIAL LEASE WITH PURCHASE OPTION You, Samuel T. Sharp (also called Lper in this contract), have given a deposit in the amount of $8000 (eight thousand dollars), After the Owner of the premises accepts and signs this lease, your deposit will become-non-refundable and will be applied as follows: To non-refundabF; cons era ?o .. :$8000 Your first lease also known as LP pa ent) is due on or before forthe peri _101]5-10/31/07 ................: $497.50 The Non-refundable option consideration gives you the option to purchase the property during the term of the lease, so long as you do all the things you are agreeing to do, when you have agreed to do them. If Owner or his authorized agent does not accept and sign this agreement within 15 days, it shall terminate and your deposit will be returned. Y ou arc offering to lease from the Owner the premises, described as a large double wide and the lot it sits on known as 120 Cranes Gap Rd. Carlisle Pa. 17013 in the County of Cumberland, State of PA upon the following TERMS AND CONDITIONS. TERM: The term of this lease will start on 10115/07_____, and end on 12/31/2014________, unless the purchase option is exercised before the option terminates in accordance to clause 29. 2. MONTHLY PAYMENT: The Monthly LP payment at the start of the lease will be $_$995 per month due in advance on the first of each month to Owner or his authorized agent at the following address 480 Running Pump Rd, Lancaster, PA 17601 or at a different address if the Owner notifies you to change the address you send your payment to. The LP payment includes $_-0- as a payment toward taxes and insurance. If this amount is not enough to cover the actual taxes and insurance, the Owner will send you a bill for the difference which you agree to pay as additional rent within 30 days of being billed by Owner. If you are ever late paying a tax or insurance bill, then at Owners sole option you will be given notice of the monthly amount equal to 1/12 of the estimated taxes and insurance shortfall that will be added to the monthly LP payment for future tax and insurance bills, which shall then be due monthly with your LP payment as additional rent. If you don't pay your payment on or before the due date you must pay Owner a $100 plus $3 a day until paid late fee. If you bounce a check for any reason you must pay Owner a $30 bad check fee. UWe have read and fully understand and agree to the terms and conditions contained in this entire agreement S.S Date Ica III C'7 Uct 11 07 05:36p Dave Miller 717-932-9578 p.2 2 3. UTILITIES: You are responsible for the payment of all utilities and trash and other ongoing maintenance and cleaning services related to the premises. 4. USE: You may only use the premises as a single family residence. Any other use requires written approval from Owner. 5. PETS: You may not have pets on the premises unless you have written approval first from Owner. If Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a particular pet or pets, that does not automatically approve other pets without written permission from Owner. 6. ORDINANCES AND STATUTES: You agree to comply with all deed restrictions, statutes, ordinances and requirements of municipal, state and federal authorities now in force, or which may be put into force at a later time, pertaining to your use of the premises. 7. ASSIGNMENT AND SUBLETTING: You may not assign this agreement or sublet any portion of the premises without written approval from the Owner. If Owner approves one assignment or sublet, that does not automatically approve other assignments or sublets without written permission from Owner. 8. MAINTENANCE, REPAIRS, OR ALTERATIONS: You have inspected the premises and acknowledge it is in good order and repair and accept it as it was shown to you. Any exceptions are noted here: NONE 8.a. WAIVER OF WARRANTIES, ACCEPTANCE AS IS: This agreement constitutes the entire contract between the parties hereto and the Owner is not liable or bound in any manner by expressed or implied warranties, guaranties, promises, statements, representations, or information pertaining to said premises. Except as noted on the line above, the LPer agrees to take the premises as is and with any and all faults, known or unknown. The LPer waives any and all statutory or implied warranties with regard to defects in, or the habitability of, the premises. The terms of this waiver shall survive settlement if Lper exercises the purchase option. You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture and furnishings in the premises and shall turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear. Pet stains and odors and other pet damage shall not be considered normal wear and tear, even if pets were approved by Owner. You must water and maintain any surrounding grounds, including any storm water facilities, and you must maintain drainage away from the house including any downspout extensions or pipes. You must maintain all lawns and shrubbery and keep the premises clear of rubbish or weeds. You must also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of the home in good working order and appearance. You have inspected and verified the operating condition of the smoke detectors and agree to maintain them in an operating condition including weekly testing and battery replacement when needed, at all times. You must get written permission from Owner to paint, paper, or otherwise decorate or make alterations to the premises. VWe have read and fully understand and agree to the terms and conditions contained in this entire agreement 5-5 Date I 0 I l ') Ucz 4.4 U-1 Ub:36p Dave Miller 717-932-9578 p.3 You must keep all kids toys in the back of the house out of site or inside when not being played with, no bikes, toys, trampolines, etc may be stored in the front yard. All grass must be kept under 5" in length at all times. You must pay all the costs of maintaining the premises the same as if you actually oVMed the property without benefit of the LP structure. Upon notice from Owner, the local municipality, any state or federal agency, including but not limited to Soil Conservation Service (SCS), or the Department of Environmental Protection (DEP), you must immediately comply with any and all assessments and requirements including but not limned to any National Pollutant Discharge Elimination System Permit (NP S) or other Permit regyirements pertaining to the property, at all times, and if Owner, at it's sole option, attempts to defend against such an assessment or requirement and/or receives a fine dpe in full or in part to your non- compliance with these requirements, you must reimburse Owner for all costs of defense against said action and also for (at Owners sole option) bringing the premises into compliance together with any fines and/or legal costs incurred by Owner by your failure to comply, at cost plus 20%, within 10 days of being billed by Owner. This obligation shall survive settlement if the purchase option is exercised. 9. DAMAGES FOR NEGLIGENCE: You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises including any guests. 10. ENTRY AND INSPECTION BY OWNER: You must permit Owner or Owners Agent to enter the premises at reasonable times and upon reasonable verbal or written (at Owners sole option) notice for the purpose of making necessary repairs, or to show the premises to prospective LPer, purchasers, or mortgage's, or to see if premises is being kept in conformance with this agreement. For these purposes, 24 hours is deemed reasonable and acceptable notice. H. INDEMNIFICATION: Under no circumstances will Owner be liable for any damage or injury to You , or any other person, or to any property, occurring on any part of the premises. You agree to hold Owner harmless from any claim for damages, no matter how caused, and you also agrees to indemnify Owner for any and all damage, losses or injury occurring on or because of the premises for which claim is made against the Owner or premises including, but not limited to, costs and attorneys fees incurred in defending against any claims or in enforcing this agreement. 12. PHYSICAL POSSESSION: If Owner is unable to deliver possession of any or all the premises on the start date of the term, Owner won't be liable for any damages that result. This will also not cause this agreement be void or void-able, except at Owners sole option, but you will not have to pay any LP payment for the undeliverable part until possession is delivered. If this agreement applies to property which is new construction, possession shall be considered to have been delivered on the day after Certificate of Occupancy (if required) is received by Owner, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality. You may terminate this agreement if full possession is not delivered within 180 business days of the start of the term and all option consideration paid shall be refunded. Any delay in the delivery of physical possession shall not extend the end date of the term or the option expiration date. Your LP payment obligation will start on the date of the start of the term according to Clause 1 above, or the date of the acquisition of any required certificate of Occupancy, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality, whichever is later, regardless of when you actually move in. VWe have read and fully understand and agree to the terms and conditions contained in this entire agreement 5.5 Date 16 [It 101 Oct 11 07 05:36p Dave Miller 717-932-9578 p.4 13. DEFAULT: It shall be a default under this agreement if You fail to (1) pay the full LP payment or any other payment required by this agreement when due, or, (2) perform any duty, obligation, or fulfill any responsibility required of You by this agreement within 3 days of verbal or written notice of any such default. In the event of any such default, as set out in this section 13.(2) YOU MAY CURE THE DEFAULT BY PERFORMING WITHIN THE THREE DAYS. AS TO ALL OTHER DEFAULT, IT SHALL BE NON-CURABLE AND the Owner, at his sole option, may terminate all your rights under this agreement, tkere is no notice required and no cure period for a default resulting from non-payment or late payment of the LP payment). In the event of a default by you lasting more than 3 days, Owner may elect to (a) continue the lease in effect and immediately accelerate all payments due along with costs and fees provided herein, (without the right to purchase) and enforce all rights and remedies belonging to Owner under this agreement, including the right to recover the LP payment as it becomes due, or (b) at any time, terminate all of your rights under this agreement and recover from LPer all damages incurred by reason of your breach of the lease, including the cost of recovering the premises and the value of the LP payment for the balance of the remaining term of the lease, even if your default be remedied after 3 days from the effective date of notice. Actual damages for the remarketing of the property shall be deemed to be 6% of the option price, plus all loss of rent and any get ready costs and costs of collection incurred by Owner until a new buyer or LPer is found. Pending an accounting of actual damages, liquidated damages in the event of a default shall be deemed to be $8000.00 plus costs of collection and may be pursued at Owners sole option in addition to other actual damages. 14. ABANDONED PROPERTY: If you abandon or vacate the property, while in default of the payment of LP payment, Owner may consider any property left on the premises to be abandoned and may immediately dispose of the same in any manner and/or at Owner's sole option, retain full and complete title to the property abandoned without any notice to LPer. In the event the Owner reasonably believes that such abandoned property has no value, it may be discarded. You agree that all property on the premises is subject to a lien in favor of Owner for the payment of all sums due hereunder to the maximum extent set forth in this Agreement. 15. WAIVERS: No failure of Owner to enforce any term of this agreement shall be deemed a waiver of that term currently or in the future, nor any other term contained in this agreement. Specifically, the acceptance of partial payment of LP payment or any other payment required by this agreement shall never be deemed a waiver of Owners right to the full amount due. 16. NOTICES: Any notice, which either party may or is required to give may be given by hand delivery or by mailing the same First Class Mail postage prepaid to LPer at the premises or by posting conspicuously on the front entrance of the premises, or to Owner by both regular and Certified Mail, postage prepaid to both addresses shown below or at such other places as may be designated by the Owner from time to time. Notice to Owner shall be deemed to have been given upon the day showing on the signed certified mail return receipt. 17. NON-MODIFICATION: Acceptance of partial payments or a late payment by Owner shall not modify this agreement 18. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns, and successors in interest to both the Owner and You , except as precluded by Paragraph 7 herein. 19, TIME: Time is of the essence to this agreement. This means all dates and time frames must be honored strictly. I/We have read and ful understand and agree to the terns and conditions contained in this entire agreement and Inl Date 10 /it Oct 11 07 05:3Gp Dave Miller 717-932-9578 p.5 20. HOLDING OVER If you do not exercise the purchase option and you want to stay after the end of the term of this agreement is expired, then with the consent of the Owner, your staying will be a month-to-month tenancy with the other terms of the agreement, except the purchase option provision, remaining unchanged. When you want to end the month to month tenancy you must give 60 days written notice from the first of the month to Owner. You must give 60 days notice of your intention to vacate prior to the end of initial term. Your failure to provide such 60 days notice shall be considered your application for holding over month- to-month tenancy in accordance with this clause. No such holding over or extension of this lease shall extend the time for the exercise of the purchase option unless otherwise agreed upon, IN WRITING, by Owner. 21. ATTORNEY FEES AND COSTS: In any action or proceeding involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option price or the actual fees, whichever is greater. 22. OPTION: So long as LPer is not, AND has not ever been at any time, in default in the performance of any term of this lease, LPer shall have the option to purchase the premises for a PURCHASE PRICE OF $129,900 plus all costs of Owner placing permanent financing to carry this for you, and any prepayment penalty required by Owners underlying lender at the time Lper exercises their option to purchase under the following TERMS and CONDITIONS: A. Each time the current LP payment (as adjusted from time to time by the terms of this agreement) in the LP payment envelope is postmarked by the due date and mailed to the Owner, or electronic payment is made on or before the due date, You shall be entitled to a 9.99%APR 30 yr amortization credit toward the purchase price, when exercising the option to purchase. In the event that Owner's interest rate rises on any mortgage he has on the property while you are leasing it, your LP payment and/or amortization credit (at Owners sole option) will change, to reflect the increase. Depending on your start payment, you may have an initial negative amortization credit. B. Your option to purchase cannot be sold or assigned without the Owners written permission. You may not sublease the premises without the Owner's advance written permission. Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld by Owner. C. If there is any default of any of the terms of this agreement that is not cured under the terms of this agreement or if it shall become necessary to evict the LPer for any reason or if the LPer does not exercise it's purchase option, the LP payment amortization calculation credit is canceled. D. When the purchase option is exercised the property shall be conveyed in its then "as is" condition with no warranties/representations or guarantees by Seller. E. The nonrefundable option consideration shall be credited to buyer's purchase price along with any LP payment amortization credit earned when the option is exercised. Except as expressly set forth in this agreement, NEITHER THE OPTION CONSIDERATION NOR THE LP PAYMENT AMORTIZATION CREDIT IS REFUNDABLE UNDER ANY CIRCUMSTANCE. F_ You are responsible to arrange your own financing for the purchase price if you exercise your purchase option. I/We have read and full understand and agree to the terms and conditions contained in this entire agreement Date Q i 1 0 -7 Uct 1 1 07 05:36p Dave Miller ` 717-932-9578 - p.6 G. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the LP payment and/or interest rate for calculation of any amortization credit by 10% for each year in which there is any late payment, without further notice to you. H. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the option price by 10% for each year in which there is any late payment, without further notice to you. 1. On _l/l/09 the monthly payment (before adding 1/12 the estimated annual taxes and insurance) will increase to $_1150. 23. DISCLAIMER: You acknowledge that there is no way to know what the availability of financing, total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise your option to purchase. Therefore, you agree that these items shall not be conditions of performance of this agreement and you agree that you have not relied upon any representations or warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to these issues. 24. FIXTURES: All improvements, fixtures, attached floor coverings, draperies including hardware, shades, blinds, window and door screens, storm sash, combination doors, awnings, and items permanently attached, shall be included, unless specifically excluded here NONE 25. ENCUMBRANCES: Leer shall take title to the premises subject to (1) Real Estate Taxes not yet due and (2) Covenants, conditions, restrictions, reservations, rights, rights of way and easements, if any. 26. EXAMINATION OF TITLE: You will have Fifteen (15) days after you notify Owner of your intention to exercise the option to purchase to order at your own cost, from a title company approved by Owner at Owner's sole discretion, and examine the title to the property and to report in writing any valid objections you have. Any exceptions to the title, which would be disclosed by examination of the record, shall be deemed to have been accepted unless you report them within the allowed fifteen (15) days. If you object to any exceptions to the title, Owner may, at his sole option, use all due diligence to remove such exceptions at his own expense, within ninety (90) days after receiving your report in writing. But if such exceptions cannot be removed within the ninety (90) days allowed, or if Owner elects not to remove such exceptions, all rights and obligations hereunder may, at your option, terminate and end unless you elect to purchase the property subject to such exceptions. 27. CLOSING COSTS: At closing, You will pay all transfer tax, title fees and other closing costs. 28. PRORATIONS: All LP payments, taxes, premiums on insurance, and other expenses of the property to be prorated as of possession by You. I/We have read and fully understand and agree o the terms and conditions contained in tnis enure agreement 5 5 Date t G 1 l o Oct 11 07 05:37p Dave Miller 717-932-9578 p.7 7 29. EXPIRATION OF OPTION: This option may be exercised at any time after _10/15/07 and shall expire at midnight _12131 /08 . After the expiration date of the option, this agreement shall be a lease only. Owner will have no further obligation to you related to the option and you will have no more rights under the option, whether legal or equitable- After expiration of option, Landlord at it's sole option, may at any time give 90 days written notice to Lper and terminate the lease. 30. NOTICE AND EXERCISE OF OPTION: When you have decided to exercise your option to purchase you must mail a notice of your intention, together with an additional $1000 in option consideration, to the owner, at least 60 days prior to the expiration of this option. If you have not defaulted on any of the terms of this agreement, when you exercise the option, the non-refundable option consideration and any credit due from the LP payment as noted in section 22 shall be credited to your purchase price and closing costs. 31. SEVERABILITY: If any part of this agreement is held to be invalid or unenforceable, in whole or in part, then that provision will be ineffective only to the extent of the invalidity or unenforceability without in any way affecting the validity or enforceability of the remaining parts of this agreement. 32. JOINT AND SEVERAL LIABILITY: If any default occurs, each of you, if there be more than one, shall be jointly and severally liable under all terms of this agreement. This means each of you may be held responsible individually for payments of all amounts due under this agreement. 33. OTHER DEBT: As part of this agreement, You agree to incur NO ADDITIONAL DEBT without the written consent of Owner. You also agree to pay all present payments on time. If you do not pay all present payments on time, or you incur additional debt without the written consent of Owner, you will be in default of this agreement. You agree that Owner or his agent shall have the right at any time to obtain a credit report and/or employment and income source verification on you during the term of this agreement and any subsequent agreements or actions related to this agreement. 34. INSURANCE REQUIREMENTS: At all times Leer shall fully insure the premises for both physical damage and liability with the Owner as the primary insured party. Coverage's to be minimum $500,000 liability and option price. In the event Owner elects, at its sole option, to directly acquire insurance, LPer's payment shall be increased according to the cost of the insurance plus a 10% administration fee; in this case, Owner's policy will not cover your personal property or liability, therefore Owner requires you to obtain a renters insurance policy to provide liability and contents coverage for you and your personal property and to name Owner as an additional insured on your renters policy. 35. SALES TAX: You are responsible for all sales tax due if the State determines at some time that this is a taxable transaction. In the event ofa determination that sales tax is payable on the LP payment, your payment will be adjusted accordingly. 36. VENUE: You agree that regardless of where this agreement was signed, that this agreement shall be treated for legal purposes as entered into at Owners main office in Lancaster County, PA and that any legal actions that result from this agreement shall be in the proper jurisdiction of the District Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of Lancaster County, PA or the District Justice or Courts of Common Pleas where the property is located, at Owners sole option. VWe have read and fully understand and agree to the terms and conditions contained in this entire agreement ?y ' Date -40 111 0-1 Oct 11 07 05:37p _ Dave Miller 717-932-9578 8 37. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the "record" owner. There may also be other equitable partners but Owner signing below has authority to act for all partners, if any. 38. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent underlying financing for Owner. In the event this does not close, this agreement, at Owners sole option, may be declared null and void. 39. ENTIRE AGREEMENT- You acknowledge that this document contains the entire agreement between you and the Owner, his agents, employees or related parties and that you have no other oral or written agreements with Owner or any other person or business related to this property. 40. LEGAL REVIEW: You acknowledge that Owner has recommended that you have this Agreement reviewed by legal counsel to make sure you understand the legal significance of all terms and conditions of this agreement and you have either A) done so; or B) waived this recommendation. You also acknowledge that this Agreement and all terms and conditions of it were open to negotiation and that you are satisfied with all terms and conditions, as they exist. 41. SUPERSEDING AGREEMENT: This agreement supersedes all others between the parties and any affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insurance and any amortization credit due under preceding LP agreement, if any. If at any time, to facilitate Lper obtaining financing, Owner and Lper enter into a simple sales agreement for the property, that sales agreement and any term within it shall never in any way supersede or modify the terms of this agreement. All terms of this agreement shall supersede all terms of any sales agreement done for financing convenience purposes and the terms of this agreement shall remain in full force and effect at all times even when a lender is processing a loan under an additional sales agreement. 42. BROKER DISCLOSURE: Douglas L. Zook is a Licensed RE broker functioning solely as a principle in this transaction. You agree there are no brokers involved in this transaction unless identified here NONE 43. AUTOMATIC PAYMENT: You agree that all LP and other payments required by this Lease can be taken from your bank account by automatic electronic withdrawal on their due dates. 44. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to the start of term of this agreement, you will owe in advance an amount equal to 1/30 of the monthly payment for each day you occupy prior to the start of the term. No amortization credit will accrue for this preoccupancy. 45. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to purchase agreement and shall never be construed to be an installment sales agreement under any circumstance. 46. RECORDING. Under no circumstances shall Tenant record this lease. Landlord may record at his sole option. 47. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached: I/We have read and fully understand and agree to the terms and conditions contained in this entire agreement -Date 1 0 / t 1 IO 7 Oct 11 07 05:37p Dave Miller 717-932-9578 p.9 48. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is extremely important to address it immediately. Please contact Owner immediately if any moisture problem develops so Owner can suggest ways to minimize the risk of mold developing so you can protect your home and your health. Owner will not be liable for any damage or injury to You , your invitees, or any other person, or to any property, related to mold. 49. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as natural gas which your home may be heated with. If you do not keep your heat system and hot water heater maintained, carbon monoxide can be released into the home which can make you sick and can even kill you. It is your responsibility to keep your home maintained at all times including your gas systems to protect your health. While not required by law, Owner recommends you have a carbon monoxide detector operable in your home at all times- They can be acquired at the local hardware store for less than $50. Owner will not be liable for any damage or injury to You, your invitees, or any other person, or to any property, related to carbon monoxide. 50. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon are easily mitigated by a vent system. Owner makes no representations about the existence or non- existence of radon in this home. You are encouraged to satisfy yourself if you have any concerns about radon in your home. 51. WATER QUALITY It may or may not as yet be determined if your home will be dependent upon a public water supply or on a well. If it is or becomes dependent upon a well, Owner makes no representations or warranties as to the quality of water from the well, the measures, equipment or costs which may be necessary to store, deliver or treat the water, in order for it to be suitable for domestic use and consumption. Under no construction of this agreement, implied or express, shall Owner be considered responsible for the ultimate quality or suitability of the water for domestic use. Water quality can change over time due to many environmental and uncontrolled factors- Water testing is readily available and LPer is encouraged to investigate and become satisfied as to any concerns about water quality in your home. It is solely the responsibility of LPer to do so, if desired, and LPer agrees to hold Owner harmless from any claims by LPer or claims by parties in possession by or through LPer, from all damages, costs and attorney fees, which may be applied to Owner as a result of such claims. 52_ ARBITRATION CLAUSE: This Agreement shall be governed by and construed in accordance with the law of the State of Pennsylvania. Any action to pursue eviction or regain possession and obtain judgment for rent liability and property damage may be pursued in the appropriate courts of said state, at the sole discretion of the Owner. Any other claims or action, by either party, to enforce or interpret this agreement and all other disputes under the agreement shall be resolved by binding arbitration in Lancaster, PA. Either party shall give notice according the notice provisions of this agreement, sending the other a demand for arbitration under this clause. Both parties may agree on an arbiter or, if they cannot agree on an arbiter within 30 days of the date of the demand, each shall pick an arbiter within 45 days of the date of the demand. Those two picked arbiters shall choose a third arbiter within 10 days thereafter (55 days of the demand date) and the arbitration will proceed as directed by the arbiter/s and as otherwise proscribed according to the Laws of said state. Time is of the essence and failure to timely join in the choice of arbiter/s, by either party, shall be conclusively deemed a waiver of the right to choose and the matter will proceed under the single arbiter chosen timely. I/We have read and fully understand and agree to the terms and conditions contained in this entire agreement ^Date 10, + 1 o -) Oct 11 07 05:37p Dave Miller 717-932-9578 P.10 10 53. REPLACEMENT CONTRACT: Should Owner determine at anytime that he wishes to partition the lease from the purchase option, Owner shall present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions contained in this entire agreement and that you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS _ j/ DAY OF OC 2006 Witness jv"?4 LPer (SEAL) Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland Fl. 32720 ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges having a signed copy of it. Owner Owner: Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 17601 Granby, CO 80446 Oct 11 07 05:37p Dave Miller 717-932-9578 p,10 10 53. REPLACEMENT CONTRACT: Should Owner determine at anytime that he wishes to partition the lease from the purchase option, Owner shall present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions contained in this entire agreement and that you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS 1/ DAY OF OG 2006 Witness LPer (SEAL) Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland Fl. 32720 ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges aving si ed py of it. Owner Owner: Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 17601 Granby, CO 80446 DOUGLAS L. ZOOK 480 Running Pump Road Lancaster, PA 17601 Telephone: 717-735-0030 Fax: 717-735-0029 Statement of Rent and Charges Due July 26, 2009 Samuel T. Sharp 120 Cranes Gap Road Carlisle, PA 17013 Rent due through term of lease or until Another Lper move in: 05/01/08 $0.00 Real Estate Taxes and Insurance Due: $883.20 Utilities Due: $272.73 Damages to Home: $3,256.67 Net Amount Due and Owing: $4,412.60 BLED-CF"rfCE OF THE PROIII- CNOTAAY 2009 NOV 19 PNI 1: 5 2 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 CAUSE NUMBER: 2009-05561 Plaintiff, v SAMUEL T. SHARP 2607 South Woodland Boulevard, #272 Deland, FL 32720 Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above styled and numbered cause of action. Respec Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889-5989 Facsimile: (717) 441-3803 Email: volklawoffice@gmail.com Cf THE PROTHONOTARY 2009 NOV 19 PH 1: 51 PE NNSYLVAN A f/ 0, av i j 0-6 &k,4V d-G-1 L14k 33 rd ? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 Plaintiff, v. SAMUEL T. SHARP 2607 South Woodland Boulevard., #272 Deland, FL 32720 Defendant. § CAUSE NUMBER: 2009-05561 PRAECIPE TO CORRECT TYPOGRAPHICAL ERROR TO THE PROTHONOTARY: Please remove Page 6 of Plaintiff s Amended Complaint and replace with the attached. A section number and caption was omitted. Respectfully Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court LD. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889-5989 Facsimile: (717) 441-3803 Email: volklawoffice@gmail.com in an amount of at least $272.73. IV. Fraud 36. Plaintiff hereby incorporates paragraphs 1 through 35 of this Complaint as if set forth at length herein. 37. On or about 5 October 2009, Defendant falsely and fraudulently represented to Plaintiff that that he intended to perform under the terms of the agreement between the parties and that he had sufficient financial resourcesto do so. 38. The representations made by defendant were in fact false. The true facts were that Defendant had no financial resources with whichto paythe loan, nor any intention to do so. 39. Defendant made these representations with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to enter into the contract. 40. Plaintiff, at the time these representations were made by Defendant was ignorant of Defendant's misrepresentation of his financial status and of his intention not to perform. Plaintiff, in the exercise of reasonable diligence, did not discover Defendant's true financial status or intentions. 41. In reliance on Defendant's representations, Plaintiff was induced to enter into the Contract. 42. If Plaintiff had known of the true financial condition and actual intentions of Defendant, Plaintiff would not have taken such action. 43. As a proximate result of Defendant's fraud and deceipt, Plaintiff Plaintiff has been damaged in the amount of $4,412.60, in addition to attorney's fees and costs of court. V. ATTORNEY FEES AND COSTS 44. Plaintiff hereby incorporates paragraphs 1 through 43 of this Complaint as if set forth at length herein. 45. Paragraph 21 of the Agreement by and between Plaintiff and Defendant, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 46. Due to the existence of the agreement by and between Plaintiff and Defendant and the terms shown above, Plaintiff is entitled to recover all costs of court and attorney fees. Page 6 of 7. 20~~ DAL - f ~`i~ ~ ~ ~ ~ t s;~,r: -- ' ~\gSLLIq/y ''~ / /4~`~GE .-r-vial-_ yCpGy~~\~ _ ~~ _ ~ u~ ~~~N~ l' ~„ ,~ ~J ~~~:,~ fl: ~~'F1Q ,7~a~/ \~~ I F o...~~~ +tir ~ fir' , _ ty.,,~ ''~ ~' ~~fy. Sherif9' Glendell I-fill - ~ ®FFICE fJF THE SHERIFF 9371 Lee Avenue, Suite 100 Manassas, Virginia 20110 (703) 792-6070 FAX (703) 792-7485 CX~- s5lol Ci~~~ Tee RETURN OF SERVICE AFFIDAVIT I, G~M~~ ~ v BEING Dt7LY SWORN A DEPUTY SHERIFF IN AND FOR THE COCINTY O PRINCE VJIL IAM, STATE OF VIRGINIA, HEREBY STATE THAT ON THE 2 DAY OF f/~ONuw~Y , 2010, AT $~ 3 ~ ~M: A COPY OF: /~mMn/ni. n iN , ~l'l~~l.~i _ ~ n c ERVED IN PERSON ~, ~ -,i :_ , t~ I WAS UNABLE TO S~RVE BECAUSE rr~.: _~ LT /i?iKE ~ LoJt. -- (,f4~c. /~uuRO t d -~ / C ti. ~ 1-. `~i -.~ , ~~~ 932v LEA ~v~ /"~AN~ sf^ ~ V,~ ~w , ~) PItII~1C~ ~'ILI,IAIYI C®UloT'TY, `VIItGI1~1IA UT H IFF STATE OF VIRGINIA COUNTY OF PRINCE WILLIAM PERSONALLY APPEARING BEFORE ME, ~p~y ~ ~.('t1 p\R O , DEPUTY SHERIFF MADE OATH THAT THE AB VE SI NED RETURN IS TRUE. TAKEN, SUBSCRIBED, AND SWORN TO BEFORE ME THIS ~„G~1 DAY OF p,~c~,l~,Q~ , 2010. NOTARY PUBLIC Christina J. MilleP MY COMMISSION EXPIRES: ~I " 3O` a©~ a NOTARY PUBLIC Commonwealth of Virginia Commission # 7159029 My Commission Expires 4-30-2012 A Virginia Accredited Law Enforcement Agency r 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 Plaintiff, v. SAMUEL T. SHARP 2607 South Woodland Boulevard, #272 Deland, FL 32720 Defendant. § CAUSE NUMBER: COMPLAINT D 9• :?'SG / ~~ emu... NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows this Honorable Court the following: 1. Douglas L. Zook (hereafter "Plaintiff ') is an individual doing business at 480 Running Pump Road, Lancaster, Lancaster County, Pennsylvania 17601. 2. Samuel T. Sharp, (hereafter "Defendant Samuel Sharp ") is an individual residing at 2607 South Woodland Boulevard, Number 272, Deland, Volusa County, Florida 32720. Service of Process maybe had on Defendant Samuel Sharp at this address. 3. Plaintiff is referred to in the contract as "Owner". ~~ 4. Defendant Samuel Sharp is variously referred to in the agreement as "LPer" 5. Venue for this action is correct since the contract between Plaintiff and Defendant vas formed in Cumberland County, Pennsylvania. ~ 6. On or about 11 October 2007, Plaintiff and Defendant entered into a contract to lease with an option to purchase a house located at 120 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17601. A copy of that agreement is hereby incorporated by reference and is attached to this Complaint as "Exhibit 1". 7. The term of the lease began on l 5 October 2007 and was to end on 31 December 2014, unless the purchase option was .exercised before the end date. 8. The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms if the agreement between Plaintiff and Defendant. , r- Y~ '~ a a~ a 1 9. As more fully set-forth below, the agreement obligates Defendant to, among other` things, Pa~,e 3 of~7, i • l .) pay Plaintiff rent in the amount of $995.00, payable on the first day of each month, and 2.) pay for ail utility service, including sewer and trash expenses and 3.) to maintain the property. 10. Defendant defaulted on his lease obligation and moved from the dwelling on or about 15 Apri12008. 1 l .Plaintiff regained possession of the dwelling on or about l 8 September 2008. 12. As set forth in greater detail below, default by Defendant has damaged Plaintiff. 13. A copy of the Statement showing damages due to default by Defendant is attached as ""Exhibit 2". I. DAMAGES TO DWELLING BY DEFENDANT 14. Plaintiff hereby incorporates paragraphs 1 tlu-ough 13 of this Complaint as if set forth at length herein. 1 S. The agreement by and between the parties contains several terms where Defendant agreed to maintain the property as set-forth. more specifically below. 16. Section 8A of the agreement contains a paragraph which states, "You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear..." 17. Section 8A of the agreement contains an additional paragraph which states "You must also maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in good working order or appearance. 18. Section 8A of the agreement contains an additional paragraph on page 3 which states "You must pay all the costs of maintaining the premises the same as if you actually owned the property without the benefit of the LP structure". l 9. Paragraph 9, titled "DAMAGES FOR NEGLIGENC.E:" states "You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises, including any guests". 20. Due to the existence of the contract, Defendant is responsible for the damage done to the property. 21. Defendant breached his duty to maintain the property as set forth in the contract and as such, are responsible for the costs of repairing any damage to the property. Page 4 of 7. • ~ 22. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for the damage done to the property and the costs of making necessary repairs. 23. Plaintiff has been damaged by Defendant's failure to maintain the property in an amount of at least $3,256.67. II. FAILURE BY DEFENDANT TO PAY REAL ESTATE TAXES AND INSURANCE DUE 24. Plaintiff hereby incorporates paragraphs 1 through 23 of this Complaint as if set forth at length herein. 25. Pursuant to the terms of the agreement by and between Plaintiff and Defendant, Defendant agreed to pay real estate taxes and insurance charges as they became due. 26. Defendant breached his duty to make such payments. 27. Due to Defendants failure to make such payments, Plaintiff was forced to pay them. 28. Due to the existence of the contract, Plaintiff is entitled to compensation for the cost of making the tax and insurance payments that Defendant agreed to make but did not. 29. Defendant has refused to pay the balance due and continue to do so. 30. Plaintiff has been damaged by Defendants' failure to pay property tax and insurance charges in the amount of $883.20. III. NONPAYMENT OF UTILITY CHARGES BY DEFENDANT 31. Plaintiff hereby incorporates paragraphs 1 through 30 of this Complaint as if set forth at length herein. 32. Paragraph 3 of the Agreement by and between Plaintiff and Defendant, titled "UTILITIES" states "You are responsible for the payment of all utilities and trash and other services related to the premises". 33. Defendant moved from the dwelling leaving unpaid utilities in the amount of $272.73 which Plaintiff was forced to pay. 34. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for Defendant's failure to pay utility charges, which Plaintiff was forced to pay. 35. Plaintiff has been damaged by Defendant's failure to pay the utility bills for the dwelling Page 5 of 7. in an amount of at least $272.73 IV. ATTORNEY FEES AND COSTS 36. Plaintiff hereby incorporates paragraphs 1 through 36 of this Complaint as if set forth at length herein. 37. Paragraph 21 of the Agreement by and between Plaintiff and Defendants, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and Leer to enforce the terms and conditions of this ]ease with option to purchase, or to recover possession of the premises from Leer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 38. Due to the existence of the agreement by and between Plaintiff and Defendants and the terms shown above, Plaintiff is entitled to recover all costs of court and attorney fees. PRAYER WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against Defendants in the amount of $5,412.60 as shown below: a. $3,256.67 for damages to property; h. $883.20 for unpaid real estate taxes and insurance due; c. $272.73 for unpaid utilities; d. All costs of Court; e. $1,000.00 for Attorney's fees; Page 6 of 7. ~ ~ f. Plaintiff requests the grant of such and other relief as the Court deems appropriate. Respectfully Subm' e Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (717) 889- 5989 Facsimile: {717) 441-3803 Email: volklawoffice@gmail.com Page 7 of 7. • 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § v. § SAMUEL T. SHARP ~ 2607 South Woodland Boulevard, #272 § Deland, FL 32720 ~ Defendant. CAUSE NUMBER: VERIFICATION I, Michael B. Volk am t he attorney for the Plaintiff in this matter. I verify that the statements contained in this Petition are true and correct to the best of my knowledge. I am making this verification as the Plaintiff is unavailable and time is of the essence. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn verification. Michael B. Volk ~ ~ EXHIBIT 1 Oct 11 07 05:35p ~e Miller 717-9~ 9578 p,l 1 1:tESIDENTIiAL LEASE Virl'TH PURCHASE OPTION You, samue~ T. Sharp (also called Lper in this contract), have given a deposit in the amount of $8400 (eis~ht thousand dollars]. After the Owner of the premises accepts and signs this lease, your deposit will become•notrreftmdable and will be applied as follows: To non-refundable consr era ~o ._........:$8000 .. ..................... .~~~ ~ 5 Your fsrst lease ayment also known as LP pa ent) is due on of before _I 15/0 for the pert _IO/IS-10/31/07 ................: $497.50 The Non-refundable option consideration gives you the option to purchase the property during the term of the lease, so long as you do all the things you are agreeing to do, when you have agreed to do them. If Owner or his authorized agent does not accept and sign this agreement within 15 days, it shall terminate and your deposit will be returned. Y ou are offering to lease from the Owner the pranises, described as a large double wide and the lot it sits on known as 120 Cranes Gap Rd. Carlisle Pa. 170•x3 in the County of Cumberland, State of PA upon the following TERMS AND CONDiTiONS. TERM: The term of this }ease will start on _10!15/07 ,and end on _I2/312014 , unless the purchase option is exercised before the option terminates in accordance to clause 29. MONTHLY PAYMENT: The Morrtltly LP payment at the start of the lease will be $_$995 per month due in advance on the first of each month to Owner or his authorized agent at the following address 480 Running Pump Rd, Lancaster, PA 1760] or at a different address if the Owner notifies you to change the address you send your payment to. The Ll° payme't includes S -0- as a payment wward Lazes and iosasance. If this anwuat is out enough to cover the actual taxes and insurance, the Owner wits send you a bill for the difference which you agree to pay as:dditioaat rent within 30 days of 6eieg billed 1-Y Owner. If yor are ever late paying a tax or iasararace hilt, then at Owrrers sole option you will be given notice of the monthly amount equal to 1/12 of the estimated Maas and insurance shortfall that will be added to the monthly LP payment far future taz snd insurance bills, which shat! then be due monthly with your LP payment as additional rent. If you don't pny your payment on or before the due date you must pay Owner a $104 plus $3 a day until paid late fee. If you bounce a check for any reason you must pay Owner a $30 bad check fee UWe have read and fatly understand and agree to the terms and conditions contained in this entire agreement S.5 Date I G I G'7 Uct 11 07 05:36p ~ve Hiller 717-~-9578 p,2 2 3. UTILITIES: You an responsible for the payment of all utilities and trash and other ongoing maintenance and cleaning services related to the premises. 4. USE: You may only use the premises as a single family residence. Any vthcr use requires written approval from Owner. 5. PETS: You may not have pets on the premises unless you have written approval first from Owner. If Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a particular pet or pets, that does not sutonaatically approve other pets without written permission from Owner. 6. ORDINANCES AND STATUTES: You agree m comply with al! deed restrictions, statutes, ordinances and requirements of municipal, stale and federal authorities now in force, or which may 6e put into force at a later time, pertaining to your use of the premises. 7. ASSIGNMENT AND SUBLETTING: You may not assign this agreement ar sublet any portion of the premises without written approval from the Owner. if Owner approves one assignment or sublet, that does not automatically approvo other assignments or sublets without written permission from Owner. 8. MAINTENANCE, REPAIRS, OR ALTERATIONS: You have inspected the premises and acknowledge it is in good order and repair and accept it as it was shown to you. Any exceptions are noted here: NONE S.a. WAiVER OF WAA:RANTIES, ACCEPTANCE AS IS: This agreement cotrstitutes the entire contract between the parties heroto and the Owner is not liable or bound in any matmer by expressed or implied warranties, guaranties, promises, statements, representations, or irrfo:mation pertaining to said premises. Exoept as noted an the line above, the LPer agrees to take the premises as is and with any and all faults, known or unknown. The LPer waives any and all statutory or implied warranties with regard to defects in, ar the habitability of, the premises. The terms of this waiver shall survive settlement if Lper exercises the purchase option. You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture and furnishings in the premises and shall turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear. Pet stains and odors and other pet damage shall not be considered normal wear and tear, even if pets were approved by Owner. You must water and maintain any surrounding grounds, including any storm water facilities, and you must mainrtain drainage away from the house including any downspout extensions or pipes. You must maintain ail lawns and shrubbery and keep the premises clear of rubbish or weeds. You most also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of the home in good working order and appearance. You have inspected and verified the operating condition of the smoke detectors and agree to maintain them in an operating condition including weekly testing and battery replacement when needed, at ail times. You must get written permission from Owner to paint, paper, or otherwise decorate or make alterarions to the premises. IIWe have read and fully understand and agree to the terms and conditions contained in this entire agreement S. S Date t G t l '~ ' uct i t u ~ ub : ;~6p ~e M i 1 1 er 71 7-~ 9578 0_ :a You must keep all kids toys in the back of the house out of site or inside when not being played with, no bikes, toys, trampolines, etc may be stored in the front yard. Ali grass must be kept under S" in length at all times_ You must pay all the costs of mairttaining the premises tho same as if you actually oy~rlec~ the property without benefit of the LP structure. Upon notice from Owner, the loco) municipality, any state or federal agency, including but not lirttited to Soil Conservation Service (SCSI or the Departmerrt of F.nvirorrmenxal Protection (DF.P), you must immediately comply with any and all assessments and requirements includjng but not limited to any National Pollutant Discharge ~~imination System PerrpiE (I+IPp~5) or other ~rermit regyir+emenis pertaining to the property, at all times, and if Owner, at it's sole option, attempts to defend against such an assessment or requirement and/or receives a fine dNe in full or in paft to your non- compliance with these requirements, you must reimburse Owner for all costs of defense against said action and also for {at Owners sole option) bringing the premises into compliance together with any fines and/or legal costs incurred by Owner by yorrr failrrr+t to comply, at cost plus 20%, within 10 days of being billed try Owner. This obligation shall survive settlement if the purchase option is exercised. 9. DAMAGES FOR NEGLIGENCE: You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises including any guests. 1 D. ENTRY AND INSPECTION BY OWNER: You must permit Owner or Owners Agent to enter the premises at reasonable times and upon reasonable verbal or written (at Owners sole option) notice for the purpose of making necessary repairs, or to show the premises to prospective Leer, purti;}rasers, or mortgage's, or to see if premises is being kept in conformance with this agreement. For these purposes, 24 hours is deemed reasonable and acceptable notice. 11. INDEMNIFICATION: Under no circumstances will Owner be liable for any damage or injury to You , or any other person, or to any property, occurring on any part of the premises. You agree to hold Owner harmless from any claim for damages, no matter how caused, and you also agrees to indemnify Owner fior any and all damage, losses or injury occurring on or because of the premises for which claim is mado against the Owner ar premises including, but not limited to, costs and attorneys fees incurred in defending against any claims or in enforcing this agreement_ 12. PHYSICAL POSSESSION: If Owner is unable to deliver possession of any or all the primrises on the start date of the term, Owner won't be liable for any damages that result. This will also not cause this agreement be void or void-able, except at Owners sole option, but you will not have to pay any LP payment for the undeliverable part until possession is delivered. If this agreement applies to property which is new construction, possession shall be considerrd to have been de~iver+ed on the day after Certificate of Occupancy (if required) is received by Owner, or the date Owner notfies you the property is substantially completed if no Certificate of Oocupancy is required by the municipality. You may terminate this agreement if full possession is not delivered within 18D business days of the start of the term and all option consideration paid shall be refunded. Any delay in the delivery of physical possession shall not extend the end date of the term or the option expiration date. Your LP payment obligation will start on the date of the start of the term according to Clause 1 above, or the daft of the acquisition of any required certificate of Occupancy, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality, whichever is later, regardless of when you actually move in. t/We have read and fully understand and agree to the terms and conditions contained in this entire agreement _ 5• `~ Date l 0 1 i ~0 7 Oct 11 07 05:36p ~ve Miller 717 _. 2-9578 p, ,} 13. DEFAULT: It shalt be a default under this agreement if You fail to (1) pay the full LP payment or any other payment required by this agreement when due, or, (2} perform any duty, obligation, or fulfill any responsibility requirod of You by this agreement within 3 days of verbal or written notice of any such default. In the avent of any such default, as sat out in this section 13.(2) YOU MAY CURE 'I'!-lE DEFAULT BY PERFORMING WITHIN THE THREE DAYS. AS TO ALL OTHER DEFAULT, IT SHALL SENON-CURABLE AND the Owner, at his sole option, may terminate all your rights under this agrcement , tdere is no notice r~gair~ed and no cure period for a default resulting from non-paymerrt or late payment of the LP payment). to the event of s default by you lasting more than 3 days, Owner may elect to (a) continue thc lease in effect and immediately accelerate all payments due along with costs and fees provided heroin, (without the right to purchase) and enforce aU rights and remedies belonging to Owner under this agreement, including the right to rccova the LP payment as it becomes due, or (b) at airy timc, terminate all of your rights under this agreement and recover fmm LPer alt damages incurred by reason ofyour breach of the lease, including the cost of rt~covering qre premises and the value of the LF payment for the balance of rho remaining term of the lease, even if your default be remedied after 3 days from rho effective date of notice. Actual damages for the remarketing of the property shall be deemed to be ti% of the option price, plus all bas of rent and any get ready costs and costs of collection incurred by Owner until a new buyer or LPer is found. Pending an accounting of actual damages, liquidated damages in the event of a default shall be deemed to be x8000.00 plus costs of collection and rosy be pursued at Owners sole option in addition to other actual damages. 14. ABANbONED PROPERTY: if you abandon or vacate the property, while in default of the payment of LP payment, Owner may consider any property left on the premises to be abandoned and may immediately dispose of the same in any manner and/or at Owner's sole option, retain full and complete title to the property abandoned without any notice to LPer. In the event the Owner reasonably believes that such abandoned property has no value, it may be discarded. You agree that all property on the premises is subject to s lien in favor of Owner for the payment of all sums due her$uader to the maximum extent set forth in this Agreement. 15. WAIVERS: No failure of Owner to enforcx any term of this agreement shall be deemed a waiver of that term currently or in the future, nor any other term contained in this agreement. Specifically, the acceptance of partial payment of LP payment or any othor payment required by This agreement shall never be deemed a waiver of Owners right to the full amount due. l6. NOTICES; Any notice, which either party may or is required to give may be given by hand delivery or by mailing the same First Class Mail postage prepaid to LPer at the premises or by posting conspicuously on the front entrance of dre premises, or to Owner by both regular and Certified Mail, postage prepaid to both addresses shown below or at such other places as may be designated by the Owner from time to time. Notice to Owner shall be deemed to have been given upon the day showing on the signed certified mail return receipt. 17. NON-MODIFICATION: Acceptance of partial payments or a late payment by Owner shall not modify this agreement 18. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benePn of the heirs, assigns, and successors in interest to both the Owner and You ,except as precluded by Paragraph 7 herein. ] 9. TIME; Time is of the essence to this agreement. This means al] dates and time frames must be honored strictly. IlWe have read and fuf ynderstand and agree to the terms and conditions contained in this entire agreemem _____ ~/5 Date l 0 j ~ l ~~ Oct 11 07 05:36p D~ Miller 717-9578 p,5 20. HOLDING OVER: If you do not exercise the purchase option and you want to stay after the end of the term of this agreement is expired, then with the consent of the Owner, your staying will be a month-to-month tenancy with the other terms of the agnxmcnt, except the puruhase option provision, remaining unchanged. When you want to end the month to month tenancy you must give 60 days written notice from the first of the month to Owner. You must give 60 days notice of your intention to vacate prior to the end of initial term. Your failure to provide such 60 days notice shall be considered your application for holding over month- to-monde tenancy in accordance with this clause. No such holding over or extension of this lease shall extend the time for the exercise of the purchase option unless otherwise agreed upon, IN WRITING, by Owner. 21. ATTORNEY FEES AND COSTS: in any action or proceedmg involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession ofthe premises from Leer, the Owner shall be errtitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings in the amount of 5°Ya of the option prtice or the actual fees, whichever is greater_ 22. OPTION: So beg as Leer is not, AND has not ever been at any time, in default in the performance of any term of this lease, Leer shall have the option to purchase the premises for a PURCHASE PRICE OF 5129,900 plus alt costs of Owner placing permanent financing to carry this for you, and any prepayment penalty required by Owners underlying lender at the time Lper exercises their option to purchase under the following TERMS and CONDITIONS: A. Each time the current LP payment (as adjusted from time to time by the terms of this ageernent) in the LP payment envelope is postmarked by the due date and mailed to the Owner, or electronic payment is made on or before the due date, You shall be entitled to a 9,99%APR 30 yr amottization ct+edit toward the purchase price, whrn exercising the option to purchase. to the event that Owner's interest rate rises on any mortgage he has on the properly while you are leasing it, your LP payment and/or amortization credit (at Owners sole option) will change, to reflect the increase. Depending on your start payment, you may have an initial negative amortization credit. B. Your option to purchase cannot be sold or assigned without the Owners written permission. You may not sublease the premises without the Owner's advance written permission. Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld by Owner. C. If there is any default of any of the terms of this agreement that is not cured under the terms of this agreement or if it shall becomo necessary to evict the LPer for any reason or if the Leer does not exercise it's purchase option, the LP payment amortization calculation credit is canceled. D. When the purchase option is exercised the property shall be conveyed in its then "as is" condition with no warrartties/tepresentations or guarantees by Seller. E. The nonrefundable option consideration shall be credited to buyer's purchase price along with any LP payment amortization credit earned when the option is exercised. Except as expressly set forth in this agreement, NEITHER THE OPTION CONSIDERATION NOR THE LP PAYMENT AMORTIZATION CREDIT IS REFUNDABLE UNDER ANY CIRCUMSTANCE. F. You are responsible to arrange your own financing for the purchase price if you exercise your purchase option. UWe have read and full understand and agree to the teens and conditions contained in this entire agreement ~-5 Hate 0 ~t o~ act 1 1 07 05: 36p ~ve Miller _ 717- 2-9578 - p.6 G. If any paymen# was fate for any reason whatsoever, the Owner, at his sole option, may elect to increase the LP payment and/or interest rate for calculation of any amortization credit by t 4% .for each year in which there is any fate payment, without fiuther notice to you. H. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the option price Uy 10'Y° for each year in which there is any late payment, without further notice to you. J. On _l/1109 the monthly payment (before adding I/12 the estimated annual taxes and Insurance) will increase to $ 1150. 23. DISCLAIMER: You acknowledge thatthere is no way to know what the availability of financing, total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise your option to purchase. Therefore, you agree that these items shall not be conditions of performance of this agreement and you agree that you have not relied upon any rept~esentations or warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to tttese issues. 24. FIXTURES: Ali improvements, factures, attached floor coverings, draperies including hardware, shades, blinds, window and door sct~eens, sLOrm sash, combination door;, awnings, and items permanently attached, shall be included, unless specifically excluded here NONE 25. ENCUMBRANCES: Leer shall take title to the premises subject to (1) Real Estate Taxes not yet due and (2) Covenants, conditions, restrictions, reservations, rights, rights of way and easements, if any. 26. EXAMINATION OF TITLE: You will have Fifteen (15) days after you notify Owner of your intention m exercise the option m purchase to order at your own cost, from a title company approved by Owner at Owner's sole discretion, and examine the title to the property and m report in writing any valid objections you have. Any exceptions to the title, which would be disclosed by examination of the record, shall be deemed to have been accepted unless you report them within the allowed fifteen (1 S) days. If you object to any exceptions to the title, Owner may, at his sole option, use all due diligence to remove such exceptions at his own expense, within ninety (90) days after receiving your report in writing. But if such exceptions cannot be removed within the ninety (90) days allowed, or if Owner elects not to remove such exceptions, all rights and obligations hereunder may, at your option, terminate and end unless you elect to purchase the property subject to such exceptions. 27. CLOSING COSTS: At closing, You will pay all transfertax, title fees and other closing costs. 28. PROBATIONS: Ail LP payments, taxes, premiums on insurance, and other expenses of the property to be prorated as of possession by You. IlWe have read and fully understand and agree the terms and conditions contained in tms enure agreement 5-5 Hate G - f o ~cL 11 07 05:37p ~ve Miller 717 ~2-3578 p.7 29. EXPIRATION OF OPTION: This option may be exercised at any time after_10/15/07 and shaft expiry at midnight _1?131J08 ABer the expiration date of the option, this agreement shall be a lease only. Owner will have no further obligation to you related to the option and you wiI1 have no more rights under the option, whether legal or equitable. After expiration of option, Landlord at it's sofe option, may at any time give 90 days written notice to Lper and terminate the lease. 30. NOTICE AND EXERCISE OF OPTION: When you have decided to exercise your option to purchase you must mail a notice of your intcrttion, together with an additional 51000 in option consideration, to the owner, at least 60 days prior to the expiration of this option. If you have not defaulted on any of the terms of this agreement, when you exercise the option, the non-refiutdabie option consideration and any crodit due from the LP payment as noted in section 22 shall be credited to your purchase price and closing costs. 31. SEVERAB1LiTY: If any part of this agreement is held to be invalid or unenforceable, in whole or in part, then that provision will be ineffective only m the extent of the invalidity or unenforceability without in any way affecting the validity or enforceability of the remaining parts of this agreement. 32. JOINT AND SEVERAL LIABII.,ITY: If any defauh occurs, each of you, if there be more than one, shall be }ointly and severally liable under a!1 terms of this agreement. This means each of you may be held responsible individually for payments of all amounts due under this agreement. 33. OTHER DEBT: As part of this agreement, You agree to incw NO ADDITIONAL DEBT without the written consent of Owner. You also agree to pay alI present payments on time. If you do not pay all present payments on time, or you incur additional debt without the written consent of Owner, you wit! be in default of this agreement. You agree that Owner or his agent shall have the right at any time to obtain a credit report and/or employment and income source verification on you during the tcrrtt of this agreemenrt and any subsequent agreements or actions related to this agroement. 34. INSURANCE REQUIREMENTS: At all times Leer shall fully insure the premises for both physical damage and liability with the Owner as the primary insured party. Coverage's to be minimum 5500,000 liability and option price_ In the event Owner elects, at its sole option, to directly acquire insurance, LPer's payment shall be increased according to the cost of the insurance plus a 10% administration fee; in this case, Owner's policy wit! not cover your personal property or liability, therefore Owner requires you to obtain a renters insurance policy to provide liability and contents coverage far you and your personal property and to name Owner as an additional insured on your renters policy. 35. SALES 'TAX: You are responsible for all sales tax due if the State determines at some time that this is a taxable transaction. !n the evert of a determination that sales tax is payable on the LP payment, your payment wilt be adjusted accordingly. 36. VENUE: You agree that regardless of where this agreement was signed, that this agreement shall be treated for tegal purposes as entered into at Owners main office in Lancaster County, PA and that any legal actions that result from this agreement shall be in the proper,jurisdiction of the District Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of Lancaster County, PA or the District .Iustice or Courts of Common Pleas where tbe property is located, at Owners sole option. UWe have read and full understand and agree to the terms and conditions contained in this entire agreement ~TDate U O 7 Oct 11 07 05:37p ~ave-Hiller 717-932-9578 -. .. p . 8 37. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the "record" owner. There may also be other equitable parnters but Owner signing below has authority to act for all parnrers, if any. 38. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent underlying financing for Owner. In the event this does not close, this agTecment, at Owners sole option, may be declared nut) and void. 39. ENTIRE AGREEMENT You acknowledge that this document contains the entire agroement between you and the Owner, his agents, employees or related parties and that you have no other oral or written agreements with Owner or any other person or business related to this properly. 40. LEGAL REVIEW: You acknowledge that Owner has recommended that you have this Agreement reviewed by legal counsel to make sure you understand the legal significance of all terms and conditions of this agreement and you have either A} done so; or B) waived this recommendation. You also acknowledge that this Agreement and all teens and conditions of it were open to negotisiion and that you art satisfied with all terms and conditions, as they exist. 41. SUPERSEDING AGREEMENT: This agraemem supersedes all others between the pasties and any affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insur~rrce and any amorti~tion cr>;dit due under preceding LP agreement, if any. If at any time, m facilitate Lpcr obtaining financing Owner and Lper enter into a simple sales sg~reement for the property, that sales agroemeat and any term within it shall never in any way supersede or modify the terms of this agreement. ALl terms of this agreement shall supersede all terms of any sales agreement dons for financing conveniencx purposes and the terms of this agreement shall remain in full force and effect at al l times even when a lender is processing a loan under an additional sales agreement. 42. BROKER DISCLOSURE: Douglas L. Zook is a Licensed RE broker functioning solely as a principle in this transaction. You agree there are no brokers involved in this transaction unless identified here NONE 43. AUTOMATIC PAYMENT: You agree that all LP and other payments required by this Lease can be taken from your bank account by automatic electronic withdrawal on their due dates. 44. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to the start of term of this agreement, you will owe in advance an amourrt equal to 1/30 of the monthly payment for each day you occupy prior to the start of the term. No amortization credit will accrue for this preoccupancy. 4S. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to purchase agreement and shall never be construed to be an installment sales agreement under any circumstance. 46. RECORDING. Under no circumstances shall Tenant record this lease. Landlord may record at his sole option. 47. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached_ l/We have mad and fully understand and agree to the terms and conditions contained in this entire agreement ___S ~__nate to /t- ~o~ Oct 11 07 05:37p ~ve Miller 71 72-9578 48. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is extremely important to address it immediately_ Please contact Owner immediately if any moisture problem develops so Owner can suggest ways to minimize the risk of mold developing so you can prated your home and your health. Owner will not be liable for any damage or injury to You ,your invitees, or any other person, or to any property, related to mold. 49. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as natural gas which your home may be heated with_ If you do not keep your heat system and hot water heater maintained, carbon monoxide can be released into tbe home which can make you sick and can even kill you. It is your responsibility to keep your home maintained at all times including your gas systems to proud your health. While not required by law, Owner recanmends you have a carbon monoxide detector operable in your home at all times. They can be acquired at the local hardware store far less than 550. Owner will not be liable for any damage of injury to You, your invitees, or any other person, or fa any property, related to carbon monoxide. 50. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon are easily mitigated by a vent system. Owner makes no representations about the existence or non- existence of radon in ties home. You are encouraged to satisfy yourself if you have any concerns about radon in your home. 51. WATER QUALITY It may or n-ay not as yet be determined if your home will be dependent upon a public water supply or on a well. tf it is or becomes dependent upon a well, Owner makes no representations or warranties as to the quality of water from the well, the measures, equipment or costs which may be necessary to store, deliver or treat the water, in order for it to be suitable for domestic use and consumption. Under no construction of this agreement, implied or express, shall Owner be considered responsible for the ultimate quality or suitability of fire water for domestic use. Water quality can change over time due to many environmental said uncontrolled factors. Water testing is readily available and LPer is encouraged to investigate and become satisfitd as to any concerns about water quality in your home. It is solely the responsibility of LPer to do so, if desired, and LPer agrees to hold Owner harmless from any claims by LPer or claims by parties in possession by or through LPer, from a!1 damages, cysts and attorney fees, which may be applied to Owner as a result of such claims. 52. ARBITRATION CLAUSE: This Agreement shall be governed by and construed in accordance with the law of the State ofPennsylvania_ Any action to pursue eviction or regain possession and obtain judgment for rent liability and property damage may be pursued in the appropriate courts of said state, at the sole discretion of the Owner. Any other claims or action, by either party, to enforce or interpret this agreement and all other disputes under the agreement shall be resolved by binding arbitration in Lancaster, PA. Either party shall give notice according the notice provisions of this agreement, sending the other a demand for arbitration under this clause. Both parties may agree on an arbiter or, if they cannot egret on an arbiter within 30 days of the date of the demand, each shall pick an arbiter within 45 days of the date of the demand. Those two picked arbiters shall choose a third arbiter within 10 days thereafter (55 days of the demand date) and the arbitraiion will proceed as directed by the arbiterls and as otherwise proscribed according to the Laws of said state. Time is of the essence and failure to timely join in the choice of ari~iter/s, by either party, shall be conclusively deemed a waiver of the right to choose and the matter will proceed under the single arbiter chosen timely. t/We have read and fully understand and agree to the teens and conditions contained in this entire agreement ~ ~ Date O r I 7 ' Oct 11 07 05:37p ~e Miller_ _ 717-~-9578 p. 10 1a 53. REPLACEMENT CONTRACT: Should Owner determine at arty time that he wishes to partition the lease from the purchase option, Owner shall present you with the 2 separate contracts with all material teems and conditions remaining substantially unchanged except for the partitioning and you agnse to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be roquired to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions conffiined is this entire agreement and that you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS 1~ DAY OF OC T 2006 ~~ Witness-~=-~.~ ~ Leer (SEAL} W imess LPec (SEAL) Current address: 2607 S. Woodland 8hrd. Deland Ft. 32720 ACCEPTANCE 13y signing below, the Owner accepts your offer and acknowledges having a signed copy of it Owner. Douglas L. Zook 480 Running Pump Rd and PO BOX l T50 Lancaster, PA 1750 ] Granby, CO 80446 Owner Oct 11 07 05:37p Dave Miller- 717-932-9578 ---... p . 10 10 53. REPLACEMENT CONTRACT: Should Owner determine at any time that he wishes to partition the lease fran the purchase option, Owner shall present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay all of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the terms and conditions contained in this entire agreement and that you have received a copy of this agreement. fN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS 1~ DAY OF OC /- 2006 Witness ~ LPer (SEAL} W itncss LPer (SEAL) Current address; 2t30T S. Woodland BHd. Deland FI. 32720 ACCEPTANCE 9y signing below, the Owner accepts your offer and acknowledges suing si ed py of it. Owner. Douglas L. Zook Owner 480 Running Pump Rd and PO BOX 1750 Lancaster. PA 1760] Granby, CO 80446 ~ _ ~ - ~ DOUGLAS L. ZOOK 480 Running Pump Road Lancaster, PA 17601 Telephone: 717-735-0030 Fax: 717-735-0029 Statement of Rent and Charges Due July 26, 2009 Samuel T. Sharp 120 Cranes Gap Road Carlisle, PA 17013 Rent due through term of lease or until Another Lper move in: 05/01/08 $0.00 Real Estate Taxes and Insurance Due: $883.20 Utilities Due: Damages to Home: $272.73 $3,256.67 Net Amount Due and Owing: $4,412.60 • • 1= ~_ ~ - ~~ ~ ~a~ da~'00~ • IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 CAUSE NUMBER: 09-5561 CIVIL Plaintiff, v. SAMUEL T. SHARP 2607 South Woodland Boulevard, #272 Deland, FL 32720 Defendant. PRAECIPE TO RENEW COMPLAINT TO THE PROTHONOTARY: Kindly renew the writ in the Complaint in above styled and numbered cause of action. Respectfully Su ed; --~-_ Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 1Vlechanicsburg, PA 17055 Telephone: (7I7) 889-5989 Facsimile: (717) 441-3803 Email: volklawoffice c~i gmail.com r~ U a~ ~4~EP ~ ~t ~~ 36 ~~,u G ~ /v, 6 o y° ~~l~.b ~~ ~~~33 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA 17601 Plaintiff, v. § CAUSE NUMBER: ~ ~ ~ "'~ S~ I oil ~ r~A L SAMUEL T. SHARP § 2607 South. Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. NOTICE TO DEFEND 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 the 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 maybe entered against you by the court without further notice for any money claimed in t he 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 TAKETHIS 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 GO TO GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (7l 7} 249-2663 AVISO Le han demandado a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signientes, usted tiene viente (20) dis de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede decidir a favor del demandante y requiere que usted cumpla con todas las provisionesde esta demanda. Usted puede perder dinero o sus propiedades o otros direchos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSIGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-2663 Page 2 of 7. 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § 480 Running Pump Road Lancaster. PA 17601 Plaintiff, § v. § SAMUEL T. SHARP 2607 South Woodland Boulevard, #272 S Deland, FL 32720 Defendant. § CAUSE NUMBER: FIRST AMENDED COMPLAINT NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows this Honorable Court the following: 1. Douglas L. Zook (hereafter "Plaintiff') is an individual doing business at 480 Running Pump Road, Lancaster, Lancaster County, Pennsylvania 17601. 2, Samuel "T. Sharp, (hereafter "Defendant Samuel Sharp ") is an individual residing at 2607 South Woodland Boulevard, Number 272, Deland, Volusa County, Florida 32720. Service of Process may be had on Defendant Samuel Sharp at this address. Plaintiff is referred to in the contract as "Owner". 4. Defendant Samuel Sharp is variously referred to in the agreement as "LPer" 5. Venue for this action is correct since the contract between Plaintiff and Defendant was formed in Cumberland County, Pennsylvania. 6. On or about 11 October 2007, Plaintiff and Defendant entered into a contract to lease with an option to purchase a house located at 120 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17601. A copy of that agreement is hereby incorporated by reference and is attached to this Complaint as "Exhibit 1". 7. The terns of the lease began on 15 October 2007 and was to end on 31 December 2014, unless the purchase option was exercised before the end date. 8. The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms if the agreement between Plaintiff and Defendant. 9. As more fully set-forth below, the agreement obligates Defendant to, among other things, Page 3 of 7. 1.) pay Plaintiff rent in the amount of $995.00, payable on the first day of each month, and 2.) pay for all utility service, including sewer and trash expenses and 3.) to maintain the property. 10. Defendant defaulted on his lease obligation and moved from the dwelling on or about 15 April 2008. 11. Plaintiff regained possession of the dwelling on or about 18 September 2008. 12. As set forth in greater detail below, default by Defendant has damaged Plaintiff. 13. A copy of the Statement showing damages due to default by Defendant is attached as ""Exhibit 2". I. DAMAGES TO DWELLING BY DEFENDANT 14. Plaintiff hereby incorporates paragraphs 1 through 13 of this Complaint as if set. forth at length herein. 15. The agreement by and between the parties contains several terms where Defendant agreed to maintain the property as set-forth more specifically below. 16. Section 8A of the agreement contains a paragraph which states, "You, at your own expense, must at all times maintain the premises in a clean and sanitary condition including all equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as good condition as received, except for normal wear and tear..." 17. Section 8A of the agreement contains an additional paragraph which states "You must also maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in good working order or appearance. 18. Section 8A of the agreement contains an additional paragraph on page 3 which states "You must pay all the costs of maintaining the premises the same as if you actually owned the property without the benefit of the LP structure". 19. Paragraph 9, titled "DAMAGES FOR NEGLIGENCE:" states "You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises, including any guests". 20. Due to the existence of the contract, Defendant is responsible for the damage done to the property. 21. Defendant breached his duty to maintain the property as set forth in the contract and as such, are responsible for the costs of repairing any damage to the property. Page 4 of 7. 22. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to compensation for the damage done to the property and the costs of making necessary repairs. 23. Plaintiff has been damaged by Defendant's failure to maintain the property in an amount of at least $3,256.67. II. FAILURE BY DEFENDANT TO PAY REAL ESTATE TAXES AND INSURANCE DUE 24. Plaintiff hereby incorporates paragraphs 1 through 23 of this Complaint as if set forth at length herein. 25. Pursuant to the terms of the agreement by and between Plaintiff and Defendant, Defendant agreed to pay real estate taxes and insurance charges as they became due. 26. Defendant breached his duty to make such payments. 27. Due to Defendants failure to make such payments, Plaintiff was forced to pay them. 28. Due lv the existence of the contract, Plaintiff is entitled to compensation for the cost of making the tax and insurance payments that Defendant agreed to make but did not. 29. Defendant has refused to pay the balance due and continue to do so. 30. Plaintiff has been damaged by Defendants' failure to pay property tax and insurance charges in the amount of $883.20. III. NONPAYMENT OF UTILITY CHARGES BY DEFENDANT 31. Plaintiff hereby incorporates paragraphs 1 through 30 of this Complaint as if set forth at length herein. 32. Paragraph 3 of the Agreement by and between Plaintiff and Defendant, titled "UTILITIES" states "You are responsible for the payment of all utilities and trash and other services related to the premises". 33. Defendant moved from the dwelling leaving unpaid utilities in the amount of $272.73 which Plaintiff was forced to pay. 34. Duc to the existence of the agreement and the teens shown above, Plaintiff is entitled to compensation for Defendant's failure to pay utility charges, which Plaintiff was forced to pay. 35. Plaintiff has been damaged by Defendant's failure to pay the utility bills for the dwelling Page 5 of 7. in an amount of at least $272.73. 36. Plaintiff hereby incorporates paragraphs 1 through 35 of this Complaint as if set forth at length herein. 37. On or about 5 October 2009, Defendant falsely and fraudulently represented to Plaintiff that that he intended to perform under the terms of the agreement between the parties and that he had sufficient financial resourcesto do so. 38. The representations made by defendant were in fact false. The true facts were that Defendant had no financial resources with whichto paythe loan, nor any intention to do SO. 39. Defendant made these representations with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to enter into the contract. 40. Plaintiff, at the time these representations were made by Defendant was ignorant of Defendant's misrepresentation of his financial status and of his intention not to perform. Plaintiff, in the exercise of reasonable diligence, did not discover Defendant's true financial status or intentions. 4l . h~ reliance on Defendant's representations, Plaintiff was induced to enter into the Contract. 42. If Plaintiff had known of the true financial condition and actual intentions of Defendant, Plaintiff would not have taken such action. 43. As a proximate result of Defendant's fraud and deceipt, Plaintiff Plaintiff has been damaged in the amount of $4,412.60, in addition to attorney's .fees and costs of court. V. ATTORNEY FEES AND COSTS 44. Plaintiff hereby incorporates paragraphs 1 through 43 of this Complaint as if set forth at length herein. 4~. Paragraph 21 of the Agreement by and between Plaintiff and Defendant, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incun'ed in connection with such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 46. Due to the existence of the agreement by and between Plaintiff and Defendant and the teens shown above, Plaintiff is entitled to recover all costs of court and attorney fees. Page 6 of 7. PRAYER WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against Defendants in the amount of $5,412.60 as shown below: a. $3,256.67 for damages to property; b. $883.20 for unpaid real estate taxes and insurance due; c. $272.73 for unpaid utilities; d. A11 costs of Court; e. S 1,000.00 for Attorney's fees; f. Plaintiff requests the grant of such and other relief as the Court deems appropriate. Respectfully S ~ ~~ Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 1705 Telephone: (717) 889- 5989 Facsimile: (717) 44]-3803 Email: volklawoffice(c~gmail.com Page 7 of 7. • EXK~B1T '~ Oct 11 07 05:35p Die Miller 717-939578 p.l 1 RESIDENTIAL LEASE WITH PURCHASE OPTION You, Samuel T. Sharp (also called Lper in this contract), have given a deposit in the amount of $8000 Cei>~ht thousand dollars), Afler the Owner of the premises accepts and signs this lease, your deposit will become~non-refimdable and will be applied as follows: To non-refundable ns era ~o .. ...............................:$8000 ~~~ ~ S Your first lease ayment also krwwn as LP pa ent) is due on or before 1 15/0 for the peri ~10/15-IO/3l/07 ................: $497.50 The Non-refundable option consideration gives you the option to purchase the property during the term of the lease, so long as you do all the things you are agreeing to do, when you have agreed to do them. If Owner or his authorized agent does not accept and sign this agreement within i S days, it shall terminate and your deposit will be returned. Y ou arc offering to lease from the Owner the premises, desen'bed as a large double wide and the lot it sits on known as 120 Cranes Gap Rd. Carlisle Pa. 17013 in the Cotmty of Cumberland, State of PA upon the following TERMS AND CONDITIONS. TERM: The term of this lease will start on _10115/07 ,and end on _I2/31(2014_ unless the pureitase option is exercised before the option terminates in accordance to clause 29. 2. MONTHLY PAYMENT: The Monthly LP payment at the start of the lease will be $ S99S per month due in advance on the first of each month to Owner or his authorized agent at the following address 480 Rtraning Ptunp Rd, Lancaster, PA 17601 or at a different address if the Owner notifies you to change the address you send your payment to. The LP payment iucludes S -0- as s psymeat toward razes and insurance. If this anwunt is not enough to cover the actaal fazes and insaraACe, the Owner will send you a bill for the difference which you agree to pay as additional Went withie 30 days of being billed by Owner. If yor are ever late paying a taz or insurance bill, then st Owners sole option you wHl be given notice of the monthly amoaat equal io 1/]2 of the estimated fazes and insarance shortfall that will be added to the monthly LP payment for futare taz and insurance bills, which shalt then be due monthly with your LP payment as additional rent. if you dvn't pay your payment on or before the due date yvu must pay Owner a $100 plus $3 a day until paid Late fce. If you bounce a check for any reason you must pay Owner a 330 bad check fee. I/We have read and fully understand and agree to the terms and conditions contained in this entire a~eement 'S.S Date I U I I G'^l Uct 11 07 05:36p ~e Hiller 717- -9578 p.2 3. UTILITIES: You are responsible far the payment of all utilities and trash and other ongoing maintenance and cleaning services related to the prerrtises. 4. USE: Yov may only use the premises as a single family residence. Any other use requires written approval from Owner. 5. PETS: You may not have pets on tfie pnxnises unless you have written approval first from Owner. If Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a particular pet or pets, that does not automatically approve other pets without written permission from Owner. 6. ORDINANCES AND S'T'ATUTES: You agree to comply with all deed restrictions, statutes, ordinances and requirement's of municipal, state and federal authorities now in forcz, or which may be put into force at a later time, pertaining to your use of the premises. 7. ASSIGNMENT AND SUSLET'TING: You may not assign this agreement or sublet any portion of the premises without written approval from the Owner. Tf Owner approves one assignmerrt or sublet, that does not automatically approve other assignments or sublets without written permission from Owner. 8. MAINTENANCE, REPAIRS, OR ALTERATIONS: You have inspected the premises and acknowledge it is in good order and repair and accept it as it was shown to you. Any exceptions are noted here: NONE 8.a. W A1VER OF WARRANTIES, ACCEPTANCE AS TS: This agreement constitutes the entire contract between the parties heroto and the Owner is not liable or bound in any mariner by expressed or implied wananties, guaranties, promises, statements, reptecentations, or information pertaining to said premises. Except as noted on the line above, the LPer agrees to take the premises as is and with any and all faults, known or unknown. The LPer waives arty and all statutory or implied warranties with regard to defects in, or the habitability ot; the premises. The terms of this waiver shall survive settlement if Leer exercises the purchase option. You, at your own expense, must at alI times maintain the premises in a clean and sanitary condition including all equspment, appliances, furniture and furnishings in the premises and shall turn it all back over to Owner, at the end of the lease period, if you de not exercise your option to purchase, in as good condition as received, except for normal wear and tear. Pet stains and odors and other pet damage shall not be considered normal wear and tear, even if petx were approved by Owner. You must water and maintain any surrounding grounds, including any storm water facilities, and you must maintain drainage away from the house including any downspout extensions or pipes. You must maintain all lawns and shrubbery and keep the premises clear of rubbish or weeds. You must also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of the home in good working order and appearance. You have inspected and verified floe operating condition of the smoke detectors and agree to maintain them in an operating condition including weekly testing and battery replacement when needed, at al} times. You must get written permission firm Owner to paint, paper, or otherwise decorate or make aiter-aiions to the premises. UWe have read and fully understand and agree to the terms and conditions contained in this entire agreement S. s Date ~ ~ - t 1 ucc 1 t u i ub: 36p Dam Mi I ler 717-93i~~578 p, 3 3 You must keep all kids toys in the back of the house out of site or inside when not being played wilt, no bikes, toys, trampolines, etc may be stored in the front yard. Afi grass must be kept under 5" itt length at all times. You must pay all the costs of maintaining the premises the same as if you actually o~ynec) the property without benefit of the LP stntcture. Upon notice from Owner, the local municipality, any state or federal agency, including but not limited to Soil Conservation Service (SCS), or the Department of Envirottmen~al Protection (DEP), you must immediately comply with any and all assessments and requirements including but not limited to any National Pollutant Discharge ~'itnination System 1?ermjJ (Npp)/S) or other ~tet,nit requirements pertaining to the property, at all times, and if Owner, at it's sole option, attempts to defend against such an assessment or requirement and/or receives a fine dpe in full or in pa{t to your non- compiiance with these requirements, you must reimburse Owner for all costs of defense against said action and also for (at Owners sole option) bringing the premises into compliance together with any fines and/or iega! costs incurred by Owner by your failure to comply, at cost plus 20%, within 10 days of being billed by Owner. This obligation shall survive settlement if the purchase option is exercised. 9. DAMAGES FOR NEGLIGENCE: You are responsible for damages caused by your negligence and that of your family or anyone you invite to the premises including any guests. 10. ENTRY AND INSPECTION BY OWNER You must permit Owner or Owners Agent to enter the premises at reasonable times and upon reasonable verbal or written (at Owners sole option) notice for the purpose of making »ecessary repairs, or to show the premises to prospective LPer, purchasers, or mortgage's, or to see if premises is being kept in conformance with this agreement. For these purposes, 24 hours is deemed reasonable and acceptable notice. 11. INDEMNIFICATION: Under no circumstances will Owner be liable for any damage or injury to You , or any other person, or to any property, occurring on any part of the premises. You agree to hold Owner harmless from any claim for damages, no matter how caused, and you also agrees to indemnify Owner for any and all damage, losses or in}ury according on ar because of the premises for which claim is made against the Owner or premises including, but not limited to; costs and attorneys fees incurred in defending against any claims or in enforcing this agreement. 1 Z. PHYSICAL POSSESSION: If Owner is unable to deliver possession of any or all the ptemises on the start date of the term, Owner won't be liable for any damages that result. This will also not cause this agreement be void or void-able, except at Owners sole option, but you will not have to pay any LP payment for the undeliverable part until possession is delivered. If this agreement applies to property which is new construction, possession shall be considered to have been delivered on the day after Certificate of Occupancy (if required) is received by Owner, or the date Owner notifies you the property is substantially completed if no Certificate of Occupancy is required by the municipality. You may terminate this agreement if full possession is rat delivered within l 80 business days of the start of the term and all option consideration paid shall be refunded. Any delay in the delivery of physical possession shall not extend the end date of the tenor or the option expiration date. Your LP payment obligation will start on the date of the start of the term according to Clause 1 above, or the date of the acquisition of any required certificate of Occupancy, or the date Owner notifies you the property is substantialty completed if no Certificate of Occupancy is required by the municipality, whichever is later, regardless of when you actually move in. t/We have read and fully understand and agree/ to the terms and conditions contained in this entire agreement _ 5 •,5 Date t o 11{ O~ Oct 11 07 05:36p Die Miller 717-939578 _ _ _ _. p . 4 13. DEFAULT: It shall be a default under this agreement if You fail to (1) pay the full LP payment or any other payment required by this agreement when due, or, (2) perform any duty, obligation, or fulfill any responsibility required of You by this agrxn-ent within 3 days of verbal or written notice ofany such default. In the event of s~ such default, as set out in this section l3,(2) YOU MAY CURE THE DEFAULT BY PERFORMING WITHIIV THE THREE DAYS. AS TO ALL OTHER DEFAULT, lT SHALL BE NON-CURABLE AND the Owner, at his sole option, may terminate all your rights under this agreement ,here is no notice required and no cure period for a default r+esultmg from non-payment or late payment of the LP payment). In the event of a default by you lasting more than 3 days, Owner may elect to (a) continue the lease in effect and immediately accelerate all payments due along with costs and fees provided herein, (without the right to purchase) and enforce all rights and remedies belonging to Owner under this agreement, including the right to recover the LP payment as it becomes due, or (b) at any time, terminate all of your rights under this agreement and recover from LPer all damages incurred by reason of your breach of the lease, including the cost of recovering the premises and the value of the LP paymerrt for the balance of the remaining tenor of the lease, even if your default be remedied after 3 days from the effective date of notice. Actual damages for the remarketing of the property shall be deemed tv be 6% of the option price, plus all bas of rent and any get ready costs and costs of collection incurred by Owner ur>til a new buyer or LPer is found. Pending an accounting of actual damages, liquidated damages in the event of a default shall be deemed to be $tlOUl).00 plus costs of eollee~ion and may be pursued at Owners sole option in addition to other actual damages. 14. ABANDONED PROPERTY: If you abandon or vacate the properly, while in defauh of the payment of LP payment, Owner may considor any property left on the premises to be abandoned and may imraediabely dispose of the same in any manner and/or al Owner's sole option, retain full and compleoe title to the property abandoned without any notice to Leer. In the event the Owner reasonably believes that such abandoned proporty has no value, it may be discarded. You agrce that al! property on the premises is subject to a lien in favor of Owner for the payment of all sums due hereunder to the maximum extent set forth in this Agreement 15. WAIVERS: No failure of Owner to enforce any term of this agreement shall be dcemed a waiver of that term currently or in the future, nor any other term contained in this agreement. Specifically, the acceptance of partial paymer-t of LP payment or airy other payment required by this agreement shall never be deemed a waiver of Owners right to the toll amount due. 16. NOTICES: Any notice, which either party may or is required to give may be given by hand delivery or by mailing the same First Class Mait postage prepaid to LPer at the premises or by posting conspicuously on the front entrance of the premises, or to Owner by both regular and Certified Mail, postage pncpaid to both addresses shown below or at such other places as may be dcsigrtatcd by the Owner from time to time. Notice to Owner shall be deemed to have been given upon the day showing on the signed certified mail return receipt. 17. NON-MODIFICATION; Acceptance of partial payments or a late payment by Owner shall not modify this agreement l 8. HEERS, ASSIGNS, SUCCESSORS: This lease is binding upon and 'enures to the benefit of the heirs, assigns, and successors in interest to bode the Owner and You ,except as precluded by Paragraph 7 herein. 19. TIME: Time is of the essence to this agreement. This means all dates and fiime frames must be honored strictly. I/We have read and ful }-nderstand and agree to the terms and conditions contained in tfiis entire agnxment S Date 10 i 1 ~ Oct 1 1 t77 05: 36p D;?~ Mi 1 Ier 717-939578 p. 5 20. HOLDING OVER [f you do not exercise the purchase option and you want to stay after the end of the term of this agreement is expired, then with the consent of the Owner, your staying will be a month-to-month tenancy with the other terms of the agreement, except the purchase option provision, remaining unchanged. When you want to end the month to month tenancy you must give 60 days written notice from the first of the month to Owner. You must give ti0 days notice of your intention to vacate prior to the end of initial term. Your failure to provide such 60 days notice shall be considenod your application for holding over month- to-month tenancy in accordance with this clause. No such holding over or extension ofthis lease shall extend the time for the exercise of the purchase aption unless otherwise agreed upon, IN WRITING, by Owner. 21. ATTORNEY FEES AND COSTS: )n any action or proceeding involving a dispute between Owner and LPer to enforoe the terms and conditions of this tease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred in connxtion with such action or proceedings in the amount of 5% of the option price or the actual fees, whichever is greater. 22. OPT10N: So bng as LPer is not, AND has not ever been at any time, in default in the performance of any term of this lease, LPer shall have the option to purchase the premises for a PURCHASE PRICE OF 5129,900 plus all costs of Owner placing permanent financing to carry this for you, and any prepayment penalty required by Owners underlying lender at the time Lper exercises their option to purchase under the following TERMS and CONDITIONS: A. Each time the current LP payment (as adjusted from time to time by the terms of this agreement) in the LP payment envelope is postmarked by the due date and mailed in the Owner, or electronic payment is made on or before the due date, You shall be enrtitled to a 9.99%APR 30 yr amartization credit toward the purchase price, when exercising the option to purohase. In the event that Owner's interest raft rises on any mortgage he has on the property while you are leasing it, your LP payment and/or amortization credit (at Owners sole option} will change, to reflect the inccrose. Depending on your start payment, you may have an initial negative amortization credit. B. Your option to purchase cannot be sold or assigned without the Owner's writt~er- permission. You may not sublease the premises without the Owners advance written permission. Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld by Owner_ C. If there is any default of any of the terms of this agreement that is not cured under the terms of this agreement or if it shall becomo necessary to evict rho LPer for any reason or if the LPer does not exercise it's purchase option, the I,P payment amortization calculation credit is canceled. D. When the purchase option is exercised tl-e property shall be conveyed in its then "as is" condition with no wamartties/representations or guararRees by Seller. B. The nonrefundable option consideration shall be credited to buyers purchase price along with any LP payment amortization credit earned when Zara option is exercised. Except as expressly set forth in this agreement, NEIT'EiER THE OPTION CONSIDERATION NOR THE LP PAYMENT AMORTIZATION CREDIT [S REFUNDABLE UNDER ANY CIRCUMSTANCE. F. You are responsible to arrange your own financing for the purchase price if you exercise your purchase option. UWe have read and full understand and agree to the terms and conditions contained in this entire agreement _~_ crate O ~ t o'I uct 11 07 05:36p lJ~e _Miller• _ 717-9~-9578 p, g G. [f any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to increase the LP payment andlor interest rate for calculation of any amortization credit by t 0°l0 far each year in which there is any late payment, without further notice to you. H. If any payment was late for any reason whatsoever, tfic Owner, at his sate option, may elect to increase the option price by IOYo for each year in which there is any late payment, without further notice to you. I. On ,Ill/09 ,the monthly payment (before adding 1/12 the estimated annual taxes and insurance) will increase to S 1150. 23. DISCLAIIVIER: You aclcnowiedge thatthere is no way to know what the avaiisbility of financing, total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise your option to purchase. Ther+cfon:, you agree that these items shal! not be conditions of performance of this agreement and you agree that you have not relied upon any representations or warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to these issues. 24. FIXTURES: All improvements, fntt~es, attached floor coverings, draperies inciudmg hardware, shades, blinds, window and door sct+eens, storm sash, combination doors, awnings, and ite-ns permanently attachod, shall be included, unless specifically excluded here NONE 25. ENCUMBRANCES: Leer shall take title to the premises subject to (1) Real Estate Taxes not yet due and (2) Covenants, conditions, resorictions, reservations, rights, rights of way and easements, if any. 26. EXAMINATION OF TITLE: You will have Fiftecrt (] 5) days after you notify Owner of your intention to exercise the option m purchase to order at your own cost, from a title company approved by Owner at Owner's sole discretion, and examine the title to the property and to report in writing any valid objections you have. Any exceptions to the title, which would be disclosed by examination of the record, shall be deemed to have been accepted unless you report them within the allowed fifteen (15) days. If you objoct to any exceptions to the title, Owner may, at his sole option, use all due diligencx to remove such exceptions at his own expense, within ninety (90} days after receiving your report in writing. But if such exceptions cannot 6e removed within the ninety (90) days allowed, or if Owner elects not to remave such exceptions, ail rights and obli~tions hereunder may, at your option, terminate and end unless you elxt to purchase the property subject to such exceptions. 27. CLOSING COSTS: At closing, You will pay all transfer tax, title fees and other closing cosu. ZS. PROBATIONS: All LP payments, tars, premiums on insurance, and other expenses of the property to be prorated as of possession by You. I/We have read and fully understand and agree the terms and conditions contained in this entire agreement ~-S Date G 1 t a Oct i l d7 05: 37p 1~C~e Miller 717-9~-9578 p, 7 29. EXPIRATION OF OPTION: This option may be exercised at any time after _1U/15!07 and shall expire at midnight _12/31/08 .After the expiration date of the option, this agreement shall be a lease only, Owner will have no further obligation to you related to the option and you will have no more rights under the option, whether legal or equitable. After expiration of option, Landlord at it's sole option, may at any time give 90 days written notice to Leer and terminate the lease. 3U. NOTICE AND EXERCISE OF OPTION; When you have decided to exercise your option to purchase you must mail a notice of your intention, together with an additiooal S 1040 in option consideration, to the owner, at least b0 days prior to the expiration of this option. 1f you have not defaulted on any of the terms of this agreement, when you exercise the option, the non-refundable option consideration and any coedit due from the LP payment as noted in section 22 shall be credited to your purchase price and closing costs. 31. SEVERABILITY: if any part of this agreement is held to be invalid or unenforceable, in whole or in part, then that provision will be ineffective only to the extent of the invalidity or unenforceabiliry without in any way affecting the validity or enforceability of the remaining parts of this agreement. 32. JOINT AND SEVERAL LIABILITY: If any default occurs, each of you, if there be more than one, shall be jointly and severally liable under all terms of this agreement This means each of you may be held responsble individually for payments of all amounts due under this agreement. 33. OTHER DEBT: As part of this agreement, You agree to incur NO ADDITIONAL DEBT without the writbcn consent of Owner. You also agree to pay all present payments on time. If you do not pay a}1 present payments on time, or you incur additional debt without the written consent of Owner, you will be in default of this agreement. You agree that Owner or his agent shall have the right at any time to obtain a credit report and/or employment and income source verification on you during the term of this agreernerrt and any subsequent agreements or actions related to this agreement. 34, INSURANCE REQUIREMEN'15: At all times Leer shall fully insure the premises for both physical damage and liability with the Owner as the primary insured party_ Coverage's to 6e minimum 5500,000 liability and option price. In the event Owner elects, at its sole option, to dinxtly acquire insurance, LPer's payment shall be increased according to the cost of the insurance plus a 10% administration fee; in this case, Owner's policy will not cover your personal property or liability, therefore Owner requires you to obtain a renters insurance policy to provide liability and contents coven;ge for you and your personal property and to name Owner as an additional insured on your renters policy. 35. SALES TAX: You are responsible for ail sales tax due if the State determines at some time that this is a taxable transaction. In the event ofa determination that sales tax is payable on the LP payment, your payment will be adjusted accordingly. 36_ VENUE: You agree that t+egardless of where this agreement was signed, that this agreement shall be treated for legal purposes as entered into at Owners main office in Lancaster County, PA and that any legal actions that result from this agreement shall be in the proper jurisdiction of the District Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of Lancaster County, PA or the District Justice or Courts of Common Pleas where the property is located, at Owners sole option. I/We have read and fully understand and agree to the terms and conditions contained in this entire agreement S• ~Date~ d O ~7 -- Oct 12 07 OS:37p _ _ ve Miller 717-9 -9578 37. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the "record" owner. There may also be other equitable partriets but Owner signing below has authority to act for all partners, if any. 38. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent underlying financing for Owner. In the event this does not close, this agreement, at Owners sole option, may be declared null and void. 39. ENTIRE AGREEMENT- Yvu acknowledge that this document contains the entire agrcement between you and the Owner, his agents, employees or related parties and that you have no other oral or written agreements with Owner or any other person or business related to this property_ 40. LEGAL REVIEW: You acknowledge that Owner has recommended that you have this Agreement reviewed by legal counsel to make sure you understand the legal significance of all terms and conditions of this agreement and you have either A) done so; or B) waived this recommendation. You also acknowledge that this Agreement and all terms and conditions of it were open to negotiation and that you are satisfied with all teens and conditions, ss they exist. 41. SUPERSEDaVG AGREEMENT: This agreement supersedes all others between the parties and any affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insurance and any amortization credit due under preceding LP agreement, if any. If ai any time, to f~ilitate Lper obtaining financing, Owner and Leer enter into a simple sales aBeement for the property, that sales agreement and any term within it shall never in any way supersede or modify the teens of this agreement. All terms of this agreement shall supersede alt terms of any sales agreement done for financing convenience purposes and the terms of this agreement shalt remain in full force and effect at all times even when a lender is processing a loan under an additional sales agreement. 42. BROKER DISCLOSURE: Douglas L. Zook i4 a Licensed RE broker functioning solely as a principle in this transaction. You agree there are no brokers involved in this transaction unless identified here NONE 43. AUTOMATIC PAYMENT: You agree that alt LP and other payments requieed by this Lease can betaken from your bank account by automatic electronic withdrawal on their due dates. 44. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to the start of term of this agreement; you will owe in advance an amount equal to 1/30 of the monthly payment for each day you occupy prior to the start of the term_ No amortization credit will accrue for this preoccupancy. 4S. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to purchase agreement and shall never be construed to be an installrnerrt sales agreement under any circumstance. 4b. RECORDING. Under no circumstances shall Tenant record this lease. Landlord may record at his sole option. 47. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached: I/We have read and fully understand and agree to the terms and conditions contained in this entire agreement -~ S Date l 4/ i_ t /p 7 act 11 []? 05: 37p eve Miller ~ 717-9~ 9578 p, S 48. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is extremely importantto address it immediately. Please contact Owner immediately if any moisture problem develops so Owner can suggest ways to minimize the risk of mold developing so you can prated your home and your health. Owner will not be liable for any damagt or injury to You ,your invitees, or any other person, or to any property, related to mold. 49. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as natural gas which your home may be heated with. If you do not keep your heat system and hot water heater maintained, carbon monoxide can be released into the home which can make you sick and can even kill you. It is your responsibility to keep your home maintained at all times including your gas systems to protect your healtfi. While not required bylaw, Owner recommends you have a carbon monoxide detector operable in your home at all times_ They can be acquired at the local hardware store for less than $S0. Owner will not be liable for any damage or injury to You, your invitees, or any other person, or to any property, related to carbon monoxide. 50. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon are easily mitigated by a vent system. Owner makes no representations about the existence or non- existence of radon in this home. You are encouraged to satisfy yourself ifyou have any concerns about radon in your home. 51. WATER QUALITY It may or may not as yet be determined if your home will be dependent upon a public water supply or on a well. If it is or becomes dependent upon a well, Owner makes no rcpreserrtations or warranties as to the quality of water from the well, the measures, equipment or costs which maybe necessary to store, deliver or trrat the water, in order for it to be suitable for domestic use and consumption. Under no construction of this agreement, implied or express, shall Owner be considered responsible for the ultimate quality or suitability of the water for domestic use. Water quality can change over time due to many environmental and uncontrolled factors_ Wafer testing is readily available and Leer is encouraged to investigate and become satisfied as to any concerns about water quality in your home. It is solely the responsibility of LPer to do so, if desired, and LPer agrees to hold Owner harmless from any claims 6y LPer or claims by parties in possession by or through LPer, from all damages, costs and attorney fees, which may be applied to Owner as a result of such claims. 52. ARBTTRATION CLAUSE: This Agreement shad be governed by and construed in accordance with the )aw of the State of Pennsylvania. Any action to pursue eviction or regain possession and obtain judgment for rent liability and property damage may be pursued in the appropriate courts of said state, at the sole discretion of the Owner. Any other claims or action, by either party, to enforce or interpret this agreement and all other disputes under the agr+oement shall be resolved by binding arbitration in Lancaster, PA. Either party shall give notice according the notice provisions of this agreement, sending the other a demand for arbitration under this clause. Both parties may agree on an arbiter or, if they cannot agree on an arbiter within 30 days of the date of the demand, each shalt pick an arbiter within 45 days of the date of the demand. Those two picked arbiters shall choose a third arbiter within lU days thereafter (55 days of the demand date) and the arbitration will proceed as directed by the arbiter/s and as otherwise proscribed according to the Laws of said state. Time is of the essence and failure to timely join in the choice of arbiter/s, by either party, shall be conclusively deemed a waiver of the right to choose and the matter wilt proceed under the single arbiter chosen timely. 1/We have mad and fully understand and agree to the terms and conditions contained in this entire agreement ~ ' i Date Q ,1 p 7 Oct 11 07 O5: 37p )7~ie Mi I ler` _ - 717-9~ 9578 p. 10 10 53. REPLACEMENT CONTRACT; Should Owner determine at any time that he wishes to partition the lease from the purchase option, Owner shall present you with the Z separate contracts with all material terms and conditions remarrting substantially unchanged except for the partitioning and you agree to sign them within 10 days. Failure to do so shall constitute a default of this entire agreement and you wit] bo roquired to pay all of Owners Legal costs in enforcing this agreemem. By signing below, you acknowledge you have read and fatly understand and agrse to the terms and conditions oonffiined in this entire agreement and that you have received a copy of this agreement. 1N WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, TMS 1~ DAY OF DC ~ 2006 Witness ~ ~~~ Leer (SEAL) Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland Fi. 32720 ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges having a signed copy of it. Owner Owner. Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 17601 Gtanby, CO 80446 ' Oct 11 07 05:37p Dave Miller 717-932-9578 _.. --•- - ----.. p . 10 10 53. REPLACEMENT CONTRACT: Should Owner determine at any time that he wishes to partition the lease from the purchase option, Owner shag present you with the 2 separate contracts with all material terms and conditions remaining substantially unchanged except for the partitioning and you agree to sign them within ] 0 days. Failure to do so shall constitute a default of this entire agreement and you will be required to pay ail of Owners legal costs in enforcing this agreement. By signing below, you acknowledge you have read and fully understand and agree to the tenms and conditions contained in this entire agreement and tha# you have received a copy of this agreement. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS 1~ DAY OF DC ~ 2006 Witness I ~ ~,<.~" LPer (SEAL) Witness LPer (SEAL) Current address: 2607 S. Woodland Blvd. Deland FI.32720 ,~ ACCEPTANCE By signing below, the Owner accepts your offer and acknowledges awing si ed py of it. Owner Owner: Douglas L. Zook 480 Running Pump Rd and PO BOX 1750 Lancaster, PA 1760] Granby, CO $0446 DOUGLAS L.ZOOK 480 Rum~ing Pump Road Lancaster, PA 17601 Telephone: 717-735-0030 Fax: 717-735-0029 Statement of Rent and Charges Due July 26, 2009 Samuel T. Sharp 120 Cranes Gap Road Carlisle, PA 17013 Rent due through terns of lease or until Another Lper move in: 05/01/08 $0.00 Real Estate Taxes and Insurance Due: $883.20 Utilities Due: Damages to Horne: $272.73 $3,256.67 Net Amount Due and Owing: $4,412.60 f~~.E~,~-~y~'riCE 0~ 7HE f~n0?}-~~"~OTARY ZDD4 NOV t 9 Pt- (~ 52 ~~~~.f v~F„ ~ ~..Vt'~j~r~'!'i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK, § 480 Running Pump Road § Lancaster, PA 17601 § Plaintiff, § v. § SAMUEL T. SHARP § 2607 South Woodland Boulevard, #272 § Deland, FL 32720 § Defendant. § CAUSE NUMBER: 2009-05561 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above styled and numbered cause of action. Respectfully b itte Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suite 168 Mechanicsburg, PA 17055 Telephone: (737) 889-5989 Facsimile: (717} 441-3803 Email: volklawoffice@gmail.com ~ ~ {~~lC THE P~~NCh~QTAAY 2009 NOSI 19 ~ti I ~ S t euc~~~,~:: ~ :~ ~ .~~ UN~~ PE~~•lh~SYI.V~NIA V~~ Rio. ~ ~ ~ ~y rho ~-~~ ~ 33 8'~ `~ 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COiJNTY, PENNSYLVANIA DOUGLAS L. ZOOK, 480 Running Pump Road Lancaster, PA l 7001 Plaintiff, v. SAMUEL T. SHARP 2607 South Woodland Boulevard., #272 Deland, FL 32720 Defendant. § CAUSE NUMBER: 2009-05561 PRAECIPE TO CORRECT TYPOGRAPHICAL ERROR TO THE PROTHONOTARY: Please remove Page 6 of Plaintiff s Amended Complaint and replace with the attached. A section number and caption was omitted. Respectfully ub iitte ; Michael Volk Attorney for Plaintiff Douglas L. Zook Supreme Court I.D. Number: 88553 275 Cumberland Parkway, Suitc 168 Mechanicsburg, PA 17055 Telephone: (717) 889-5989 Facsimile: (717) 441-3803 Email: volklawoffice(c~gmaii.com in an amount of at least $272.73. IV. Fraud 36. Plaintiff hereby incorporates paragraphs 1 through 35 of this Complaint as if set forth at length herein. 37. On or about 5 October 2009, Defendant falsely and fraudulently represented to Plaintiff that that he intended to perform under the terms of the agreement between the parties and that he had sufficient financial resourcesto do so. 38. The representations made by defendant were in fact false. The tnie facts were that Defendant had no financial resources with whichto pa~~the loan, nor any intention to do so. 39. Defendant made these representations with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to enter into the contract. 40. Plaintiff, at the time these representations were made by Defendant was ignorant of Defendant's misrepresentation of his financial status and of his intention not to perform. Plaintiff, in the exercise of reasonable diligence, did not discover Defendant's true financial status or intentions. 41. In reliance on Defendant's representations, Plaintiff was induced to enter into the Contract. 42. If Plaintiff had known of the true financial condition and actual intentions of Defendant, Plaintiff would not have taken such action. 43. As a proximate result of Defendant's fraud and deceipt, Plaintiff Plaintiff has been damaged in the amount of $4,412.60, in addition to attorney's fees and costs of court. V. ATTORNEY FEES AND COSTS 44. Plaintiff hereby incorporates paragraphs 1 through 43 of this Complaint as if set forth at length herein. 4S. Paragraph 21 of the Agreement by and between Plaintiff and Defendant, titled "ATTORNEY FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute between Owner and LPer to enforce the teams and conditions of this lease with option to purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to receive from the other party attorley fees, expert fees, appraisal fees and all other costs incurred in connection v~~ith such action or proceedings in the amount of 5% of the option cost or the actual fees, whichever is greater". 46. Due to the existence of the agreement by and between Plaintiff and Defendant and the terms shown above, Plaintiff is entitled to recover all costs of court and attorney fees. Page 6 of 7. ~ • ~~~, .. _ .,.r _ ~' ~ 2Q~S D"C - f Pig 1 ~ ~B ~f ;v _ ~~ v SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Fl1.E~-ut=;~;Ci~ E.°°"~r bt ~uurberlayA (~ T~~c °?~Jt'Ht^1~~~-ARY Ronny R Anderson Chief Deputy G ~ '' 20Q9 ' ~~ ~~,,, ~; ~ 0EC 1 S Af~ 11: ~~ Jody S Smith ` °' `''"' Civil Process Sergeant 4FFtCE OF r~E g~EptFF (~~r~~J~` i .,y; ,.. +.L. l.,i Edward L Schorpp "r 1 ~~R~a'~ ~Yl1~A"~!~ Solicitor Douglas L. Zook vs. Samuel T. Sharp SHERIFF'S RETURN OF SERVICE Case Number 2009-5561 12/14!2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Samuel T. Sharp, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice and Ammended Complaint and Notice as not found as to the defendant Samuel T. Sharp. Samuel T. Sharp a/k/a Samuel Beihn inmate # 09-05021 is currently incarcerated at 9320 Lee Avenue, Manassas, Prince Williams County, VA 20110. SHERIFF COST: $33.44 SO ANSWERS.,,,--f ., ~. ~. _. _ _ ~ rte:..-. December 14, 2009 R THOMAS KLINE, SHERIFF rci County5uite Sher.ff. Teieosoti. trc.