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Home My WebLink About14-7262 � COMMONWEALTH DFPENNSYLVANIA COURT OF COMMON PLEAS NOTICE OFAPPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT " OOMMONPL�SNo. 17-10402—� � ��~ Cel NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge onthe date and inthe case referenced below. NAME OF APPELLANT MAG,DIST.NO. NAME OF MDJ L T)FA�-\ A- J)AX ADDRESS OF APPELLANT� �L ih ^� � %&�] � -�' STATE ",cvm, 'DATE OF JUDGMENT L IN THE CASE OF(Plaintiff) PA, DOCKET No. Uz 1A SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT I This block will be signed ONLY when this notation is required under Pa. If ep,9411ant was Plaimant (see Pa. P-C-PA7J- No. 1001(6) in action This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL, Si�,Iature of Prolhonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ofform tob* used ONLY when appellant was D (see Fa.R.[��J. No. 10O1(7) inaction before Magisterial District Judge. /FNOT USED, detach from copy nfnotice ofappeal tobeoemodupon appellee. PRAECIPE: To pmth (a ,4� b Enter rule upon oppe|\ee(u).tofi|oacomplaint inthis appeal Name of appilee(s) (Common Pleas No. )within twenty p0 days after service ofrule msuffer entry ofjudgment ufnon pros. U�<� �7 �\u \ a.L a�� am��a�*N�tma�m*ymeg�t �A '� ~ u � �� 7 � RULE: To -1 F� J i«l i^ appellee(s) ' '` ~ ` ( Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days afterthe date of service ofthis rule upon you bypersonal service orbycertified mrregistered mail. (2) !fyou do not file a complaint within this time, aJUDGMENT DF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date ofservice ofthis rule ifservice was by mail is the date ofthe mailing. ~ � �� ~//� /� . /� �\Lw�/� De0a:/��/- 2l /_' Signature��'�� ^�� `/ VAI A P�\�]A�A�J�� YOU MUST INCLUDE ACOPY,,,�OFJH�}40qIF5�J��7JkUD{G0ENTITRANSCR]PT FORM - WITH THIS NOTICE OF APPEAL. � ' ' ^�0A/ ��/,� �// / =}1 ~ff" �/� �~ / AOPCa1o*o ^` ' - ~ � � �_-~ COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript CMI COUNTY C;�F CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 David J Raudabaugh, Joyce Ann Raudabaugh MDJ Name: Honorable Susan K. Day V Address: 229 Mill Street Eva Hernandez, Linda Dean P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Benjamin Leon Cox, Esq. Docket No: MJ-09303-CV-0000143-2014 108 Hamilton Cir Case Filed: 9/25/2014 PO Box 1408 Harrisburg, PA 17111-3500 Disposition Summary (cc-cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date . MJ-09303-CV-0000143-2014 David J Raudabaugh Eva Hernandez Judgment for Plaintiff 11/18/2014 MJ-09303=CV-0000143-2014 David J Raudabaugh Linda Dean Judgment for Plaintiff 11/18/2014 MJ-09303-CV-0000143-2014 Joyce Ann Raudabaugh Eva Hernandez Judgment for Plaintiff 11/18/2014 MJ-09303-CV-0000143-2014 Joyce Ann Raudabaugh Linda Dean Judgment for Plaintiff 11/18/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount David J Raudabaugh $0.00- $0.00 $0.00 Eva Hernandez $5,607.50 $0.00 $5,607.50 Joyce Ann Raudabaugh $0.00 $0.00 $0.00 Linda Dean $5,607.50 $0.00 $5,607.50 Judgment Finding (*PostJudgment) In the matter of David J Raudabaugh;Joyce Ann Raudabaugh vs. Eva Hernandez; Linda Dean on MJ-09303-CV-0000143-2014, on 11/18/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $5,383.00 $0.00 $5,383.00 Filing Fees $160.50 $0.00 $160.50 Costs $30.00 $0.00 $30.00 Server Fees $34.00 $0.00 $34.00 Grand Total: $5,607.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315 Page 1 of 3 Printed: 11/18/2014 10:19:49AM Qavid J kaudabaugh, Joyce Ann Raudabaugh Docket No.: MJ-09303-CV-0000143-2014 V. Eva Hernandez, Linda Dean l�ttli o(Fr pin\f'n�Onr Date Magisterial District Judge Susan K.Day .o r certify that this is a true and correct copy of the record of the proceedings contammg the judgment. R Date Magisterial District Judge MDJS 315 Page 2 of 3 Printed: 11/18/2014 10:19:49AM David SRaudabaugh, Joyce Ann Raudabaugh Docket No.: MJ-09303-CV 0000143-2014 V. Eva Hernandez, Linda Dean Participant List Private(s) Benjamin Leon Cox, Esq. 108 Hamilton Cir PO Box 1408 Harrisburg, PA 17111-3500 Katie James Maxwell, Esq. Martson Law Offices 10 E High St _ Carlisle, PA 17013-3093 Plaintiff(s) David J Raudabaugh 60 Sunnyside Dr Carlisle, PA 17015 Joyce Ann Raudabaugh 60 Sunnyside Drive Carlisle, PA 17015 Defendant(s) Linda Dean 104 Sable Drive Carlisle, PA 17015 Eva Hernandez 104 Sable Drive Carlisle, PA 17015 MDJS 315 Page 3 of 3 Printed:11/18/2014 10:19:49AM 1'7144 rvtovic. ri-Iv4,. SitOlni S a Rob! CV ,r C7 C\] C.-. CO La..] rU a r0 is) ru N C7 PROOF OF Si (This proof of service MUST BE t'' U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® it rt1" *fit. 'L USE - COMMONWEALTH OF PENNSYLV)._.„-., COUNTY OF C(1uMt3e12.,1,A14Lj— — ' ss Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees !MOP T MEM $2.711;; ME Li $6.49 euRc \1 Postmar, DEC 17 Z@`f4)� //c) lP7$2l) Sent To , Susi K Street, Apt. No.; or PO Box No. City, State, ZIP+4 PS Form 3800, August 2006 AFFIDAVIT: I hereby (swear) (affirm) that I served See Reverse for Instructions 14 .. (P 2- [� a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on P.7 LAINT heck applicable boxes.) (date of service) I@ 20 )4 liK.py personal service [✓"by (certified) ( gistered) mail, sender's receipt attached hereto, andupon the appellee, (name) , on tq 20 11' by personal service sender's receipt attached hereto. (SWORN AFFIRMS AND SUB RIBED BEFORE ME THIS { DAY OeC..,20 /7 X. om Signature of official bfore affidavit was as made Title of official, My corn • • AOPC 312A - 05 r ¢i County, Cal ftte First k10 ' le, PA. 2018 Cr” ru • Lt n. ru CI L7 ru O N 174Jt D I�At alvc k */by (certified) (registered) mail, U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0106 3riIC� $'ottierk1 7 2014 Mire 12/17/2014 sf --t e• 34 5 AAAftili S Street, Apt. No.; 414 a or PO Box No. 19 (C•e - I City, State, ZIP+4 e a,21, 5 le to P04043 ietUtbak PS Form 3800, August 2006 See Reverse for Instructions Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 i • - L.. Li f� iE F'i 0T HO 2D15 J 1-6 PM 2:26 CU iBERL „NO COUNTY PENNSYLVANIA DAVID J. RAUDABAUGH and JOYCE RAUDABAUGH, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-7262 CIVIL TERM EVA HERNANDEZ and LINDA DEAN, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 4 i Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 DAVID J. RAUDABAUGH and JOYCE RAUDABAUGH, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-7262 CIVIL TERM EVA HERNANDEZ and LINDA DEAN, Defendants COMPLAINT AND NOW come the Plaintiffs, David J. Raudabaugh and Joyce Raudabaugh, by and through their attorneys, MARTSON LAW OFFICES, and in support of their Complaint aver as follows: 1. Plaintiffs David J. Raudabaugh and Joyce Raudabaugh are adult individuals residing at 60 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendants Eva Hernandez and Linda Dean are adult individuals presently residing at 101 South Second Street, Apt. 804, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiffs are the owners of real property located at 104 Sable Drive, Carlisle, Pennsylvania (the "Real Estate"). 4. On or about October 12, 2013, Plaintiffs entered into an agreement of sale for the purchase of the above Real Estate with Defendant Linda J. Dean. A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A". 5. Contemporaneous with the execution of the Agreement of Sale, Plaintiffs executed a Residential Lease with Plaintiff Linda Dean authorizing her to move into the property prior to settlement. Attached as Exhibit "B" is a copy of the Residential Lease. 6. Plaintiff Eva Hernandez is listed on the Residential Lease as another authorized occupant during the lease. 7. Plaintiffs were ultimately evicted from the property on July 31, 2014, and the Plaintiffs were awarded possession of the Real Estate at that time. 8. Since Plaintiffs recovered the property in July, they noticed significant damage caused to the property as a result of Defendants' tenancy. 9. Plaintiffs had expenses in the amount of $3,704.00 in associated costs to repair the property and bring it back to the condition it was when it was rented to the Plaintiffs. Attached as Exhibit "C" are copies of the receipts for work performed at the Real Estate. 10. Under the Residential Lease, Plaintiffs were responsible for water and sewer bills. 11. At the time the Defendants moved out, there was a back due water and sewer bill in the amount of $98.61 which Plaintiffs were responsible for under the lease. 12. Plaintiffs did not receive any rent for the 15 days in August for which the Defendants still occupied the property, and Plaintiffs would be due $580.50 for that period. WHEREFORE, Plaintiffs request this Honorable Court to enter judgement against the Defendants in the amount of $4,383.11, and award attorney's fees and any other relief deemed appropriate by the Court. MARTSON LAW OFFICES By: Katie J. ax ell, Esquire I.D. N. 21:018 10 Ea igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: C l—*J EXHIBIT "A" EXIT Realty Capital Area STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE Thi. form recd nntcnded and approved for. hot not restricted to use by, the IlleMbCfS of the Pennsylvania Association of REALTORS' (PAR). ASR PROPERTY PROPERTY ADDRESS ioq 1/4-5 'Ce /0 UY-i re. in the municipality of (i in the School District of ..5 o cr ,(-ar) Mr clef LC'.: vl Identification (c.g., Tax ID #; Parcel #; Lot. Block; Deed Book, Page, Recording Date): ZIP / IU /3 / , County of C -'t1, ,1 hC,., /t' 4zG , in the Commonwealth of Pennsylvania BUYER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Buyer is not represented by a broker) Broker (Company) Company Address Company Phone i Company Fax (-=7r'1 Broker is: l ,-Buyer Agent (Broker represents Buyer only) 0 Dual Agent (See Dual and/or Designated Agent box below) r•;';\< I! ,r' ( (1� t � � L/at . 1 Ct amu-�1� /7/d 3eiziwty 1.v 9i,-79 Licensee(s) (Name) Direct Phone(s) /7) ) - t. 6 Cell Phone(s) ( ?1-9 Fax "e'b ts1-7 (j`/ 7 / Email -47a 7 Licensee(s) is: uyer Agent with Designated Agency ❑ t uyer Agent without Designated Agency ❑ Dual Agent (See Dual and/or Designated Agent box below) r 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Seller is not represented by a broker) Broker (Company) Company Address LAI Company Phony/ J 2() .-fir; (/�'' Company Fax i-7 ) 2 -' .. �� /'. J Broker is: Seller Agent (Broker represents Seller only) 0 Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) 3f1_ Direct Phone(s) Cell Phone(s) Fax Entail Licensee(s) is: ,.(Seller Agent with Designated Agency ❑ Seller Agent without Designated Agency ❑ Dual Agent (See Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction. All of Broker's licensees arc also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applicable. Buyer Initial- / '�/ I Pennsylvania Association of REALTORS' ASR Page 1 of 11 Revised 1/12 Seller Initials: COPYRIGHT PENNSYLVANIA ASSOCIATION OF RE A :roils:0, 2012 VRI This contract is for use by Tracee Carter. lstat roans PARTIES SELLER(S): i a " I • ' - / BUYER(S): t ore 0_ A' ar-1 L BUYER'S MAILING ADDRESS: (J \ S ? (.--c. SELLER'S MAILING ADDRESS: 1111111104111M 3 U PROPERTY PROPERTY ADDRESS ioq 1/4-5 'Ce /0 UY-i re. in the municipality of (i in the School District of ..5 o cr ,(-ar) Mr clef LC'.: vl Identification (c.g., Tax ID #; Parcel #; Lot. Block; Deed Book, Page, Recording Date): ZIP / IU /3 / , County of C -'t1, ,1 hC,., /t' 4zG , in the Commonwealth of Pennsylvania BUYER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Buyer is not represented by a broker) Broker (Company) Company Address Company Phone i Company Fax (-=7r'1 Broker is: l ,-Buyer Agent (Broker represents Buyer only) 0 Dual Agent (See Dual and/or Designated Agent box below) r•;';\< I! ,r' ( (1� t � � L/at . 1 Ct amu-�1� /7/d 3eiziwty 1.v 9i,-79 Licensee(s) (Name) Direct Phone(s) /7) ) - t. 6 Cell Phone(s) ( ?1-9 Fax "e'b ts1-7 (j`/ 7 / Email -47a 7 Licensee(s) is: uyer Agent with Designated Agency ❑ t uyer Agent without Designated Agency ❑ Dual Agent (See Dual and/or Designated Agent box below) r 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Seller is not represented by a broker) Broker (Company) Company Address LAI Company Phony/ J 2() .-fir; (/�'' Company Fax i-7 ) 2 -' .. �� /'. J Broker is: Seller Agent (Broker represents Seller only) 0 Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) 3f1_ Direct Phone(s) Cell Phone(s) Fax Entail Licensee(s) is: ,.(Seller Agent with Designated Agency ❑ Seller Agent without Designated Agency ❑ Dual Agent (See Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction. All of Broker's licensees arc also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applicable. Buyer Initial- / '�/ I Pennsylvania Association of REALTORS' ASR Page 1 of 11 Revised 1/12 Seller Initials: COPYRIGHT PENNSYLVANIA ASSOCIATION OF RE A :roils:0, 2012 VRI This contract is for use by Tracee Carter. lstat roans 1. By this Agreement, dated ` C-/ L 113 Seller hereby agrees to sell and convey to Buyer, who agrees to purchase, the identified Property. 2. PURCHASE PRICE AND DEPOSITS (1-10) v (A) Purchase Price $ >/� �� _..- ( (2 - 7 , . a A 4D-‘ S e,P U.S. Do ars , to be paid by Buyer as follows: I. Deposit at signing of this Agreement: $ �(�O , 0 0 2. Deposit within days of the Execution Date of this Agreement: $ 3. $ 4. Remaining balance will be paid at settlement. (B) All funds paid by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer within 30 DAYS of settlement, including funds paid at settlement, will be by cashier's check or wired funds, but not by per- sonal check. (C) Deposits, regardless of the form of ptpyment and te perset designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here: t L U t ((/ I{a. 4 CLIO 0.,{,(q k ), who will retain deposits in an escrow account in conformity with all applicable 4aws and regulations until consummation or ter- mination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this Agreement. 3. SELLER ASSIST (If Applicable) (1-10) Seller will pay $ or % of Purchase Price (0 if not specified) toward Buyer's costs, as permitted by the mortgage lender, if any. Seller is o y obligated to pay up to the amount or percentage which is approved by mortgage lender. 4. SETTLEMENT AND POSSESSION (1-10) (A) Settlement Date is c4/d8(/, 7 _, or before if Buyer and Seller agree. (B) Settlement will occur in the county where the Property islocated or in an adjacent county, during normal business hours, unless Buyer and Seller agree otherwise. (C) At time of settlement, the following will be pro -rated on a daily basis between Buyer and Seller, reimbursing where applicable: current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and home- owner association fees; water and/or sewer fees, together with any other lienable municipal service fees. All charges will be pro- rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow- ing settlement, unless otherwise stated here: (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (F) Possession is to be delivered by deed, existing keys and physical possession to a vacant Property free of debris, with all structures broom -clean, at day and time of settlement, unless Seller, before signing this Agreement, has identified in writing that the Property is subject to a lease. (G) If Seller has identified in writing that the Property is subject to a lease, possession is to be delivered by deed, existing keys and assignment of existing leases for the Property, together with security deposits and interest, if any, at day and time of settlement. Seller will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement. 0 Tenant -Occupied Property Addendum (PAR Form TOP) is attached. 5. DATES/TIME IS OF TUE ESSENCE (1-10) l v //-, (A) Written acceptance of all parties will be on or before: / / (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the essence and are binding. (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding the day this Agreement was executed and including the last day of the time period. All changes to this Agreement should be ini- tialed and dated. (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- ment of the parties. (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable to all parties. 6. ZONING (1-10) Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdi- vidable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits tendered by the Buyer will be returned,tq the Buyer witpout any requirement for court action. Zoning Classification: //,fl S I (::// fj (bd _ Buyer tnitia ASR Page 2 of 11 Revised 1/12 Seller Initials: /V/ lnctaai�l 7. FIXTURES AND PERSONAL PROPERTY (1-10) (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, -and other items including plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; tele- vision antennas; unpottcd shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/stonn doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; the range/oven, unless otherwise stated; and, if ow ted, water treatment sys- tenls, propahe tanks, satellite dishes and security systems. Also included: 1E) L L-IALL2-C'(`' (13) The toll )wmg items • re LEAS ' b (not owned by Selle • Conta the provider/vc idor for systems, propane tanks, satellite dishes and security systems): (C') EXCLUDED fixtures and items: AVC n.Le CL.e4 re infonnatior (e.g., wa et- treatment 8. N )RTGAGE CONTINGENCY (1-10) WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par- ties may include an appraisal contingency. 0 ELECTED, (A) This sale is contingent upon i3uyer obtaining mortgage financing according to the following terms: Loan Amount $ Let .4A. First Mortgage on the Property Minimum Term years Type of mortgage Loan -To -Value (LTV) ratio: For non-FHANA loans LTV ratio not to exceed Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. Second Mortgage on the Property Loan Amount $ Minimum Tenn years Type of mortgage Loan -To -Value (LTV) ratio: For non-FHANA loans LTV ratio not to exceed Mortgage lender interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of "/o. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed %(0% if not specified) of the mortgage loan. B) (C) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar- antee the interest rate(s) and fee(s) at or below the maximum levels stated. if lender(s) gives Buyer the right to lock in the inter- est rate(s), Buyer will do so at least I5 days before Settlement Date. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage term(s) available to Buyer. Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mort- gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise to a responsible mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage lender(s) to assist in the mortgage loan process. (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(11), or otherwise causes the lender to reject, refuse to approve or issue a mortgage loan commitment. - (E) 1. Mortgage Commitment Date: ✓1 JC( . Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment to Seller. Until Seller terminates this Agreement, Buyer is obligated to make a good-tOith effort to obtain mortgage financing. 3. Seller may terminate this Agreement by written notice to Buyer alter the Mortgage Commitment Date if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another property. an appraisal must be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and/or removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph 8(E)(1), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g., obtaining insurance, confirming employment). 4. if this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 and this Agreement will be VOID. Buyer will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- lao ; (3) Appraisal fees and charges paid in advance to mortgage lender(s). p �7f ASR Page 3 of 11 Seller Initials: /%6) / (�/ /K2 Royer Initials 'fah" Revised I/12 This contract is for use by Tracee Carter. l If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. I. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 8(F)(2) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the pur- chase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ n �� (the Purchase Price as stated in this Agreement). Buyer will have the privilege and option of proceeding wi n consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not more than two years, or both." (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement O Buyer has received the HUD Notice "For Your Protection: Ciet a Home inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (i) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these patties in connection with this transaction is attached to this Agreement. 9. CHANCE IN BUYER'S FINANCIAL STATUS (3-11) In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and lender(s) to whom the Buyer submitted mortgage application, if any. A change in financial status includes, but is not limited to, loss or a change in employment; failure or loss of sale of Buyer's home; Buyer's having incurred a new financial obligation; entry of a judgment against Buyer. Buyer understands that applying for and/or incurring an additional financial obligation may affect Buyer's ability to purchase. 10. SELLER REPRESENTATIONS (1-10) (A) Radon 'resting and Remediation (See Notice Regarding Radon) Seller has no knowledge about the presence or absence of radon unless checked below: O I. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, etc.), which produced the results indicated below: Date Type of Test Results (picoCuries/liter or working levels) Name of Testing Service ❑ 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: Date Installed Type of System Provider Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the meth- ods or the results of radon tests. (B) Status of Water sS'ller represents that the Property is served by: p Public Water 0 Community Water 0 On-site Water 0 None 0 (C) /Status of Sewer S •ller represents that the Property is served by: Public Sewer 0 Community Sewage Disposal System 0 Ten -Acre Permit Exemption (see Sewage Notice 2) �❑ Individual On -lot Sewage Disposal System (see Sewage Notice I) 0 Holding Tank (see Sewage Notice 3) ❑ Individual On -lot Sewage Disposal System in Proximity to Well (see Sewage Notice I; see Sewage Notice 4, if applicable) ❑ None (see Sewage Notice I) 0 None Available/Permit Limitations in Effect (see Sewage Notice 5) 0 Buyer Initials: % / ASR Page 4 of II Revised 1/12 Thie contract is for nee by Traces Carter. Seller Initials: 4./7/ f / rmt (D) historic Preservation Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: (E) 0 Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land Use Restrictions): ❑ Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) ❑ Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) ❑ Agricultural Area Security Law (Act 43 of 1981; 3 P.S. §901 et seq.) ❑ Other (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa- tion assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a viola- tion of any such ordinances that remain uncorrected, unless otherwise specified here: (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. II. WAIVER OF CONTINGENCIES (9-05) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 12. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) (A) Rights and Responsibilities I . Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 2. Buyer may make a pre -settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement. 3. Seller will have heating and all utilities (including fuel(s)) on for all inspections/appraisals. 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 5. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared. (B) Buyer waives or elects at Buyer's expense to have the following inspections, certifications, and investigations (referred to as "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- ply with the Home Inspection Law. (See Notice Regarding the Home Inspection Law) (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 13(A), complete Inspections, obtain any inspection Reports or results (referred to as "Report" or "Reports"), and accept the Property, terminate this Agreement, or submit a Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 13(B). Home/Property Inspections and Environmental Hazards (mold, etc.) Elected Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior W ived doors; exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hos;,./- tubs otubs and spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cool- ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square footage; mold and other environmental hazards (e.g., fungi, indoor air quality, asbestos, underground storage tanks, etc.); and any other items Buyer may select. If Buyer elects to have a home inspection of the Property, as defined in the Home Inspection Law, the home inspection must be performed by a full member in good standing of a national home inspection association, or a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered engineer or architect. (See Notice Regarding the Home Inspection Law) Wood infestation Elected Buyer may obtain a written "Wood -Destroying Insect Infestation Inspection Report" from an inspector certified as WAved / a wood -destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provides,-(/ ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort- gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be limited to all readily -visible and accessible areas of all structures on the Property, except fences. If the Inspection reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood -destroying pests pes- ticide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), Buyer may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused by wood -destroying organisms and a Proposal to repair the Property. Water Service Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise w40ed / qualified water/well testing company. If and as required by the inspection company, Seller, at Seller's expense, locate and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous con- dition, at Seller's expense, prior to settlement. Boyer Inilials:,.._�=C__.-/ ASR Page 5 of I I Revised I/12 This contract is for use by Traces Carter. Seller Initials: ,4? /ustant rms Radon Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection waived / Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 working levels or 4 picoCuries/liter (4pCi/L). On -lot Sewage (If Applicable) Elected Buyer may obtain an Inspection of the individual on -lot sewage disposal system from a qualified, professional ivied _I inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to / and empty the individual on -lot sewage disposal system. Seller will restore the Property to its previous condition, at Seller's expense, prior to settlement. See paragraph 13(C) for more information regarding the Individual On -lot Sewage Inspection Contingency. Property Insurance Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for aived / the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with / the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required to early flood insurance at Buyer's expense, which may need to be ordered 14 days or more prior to Settlement Date. Property Boundaries Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal aivetl / description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property / surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen- tations of size of property are approximations only and may be inaccurate. Deeds, Restrictions and Zoning Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi ived / minces) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use of they / Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the. Agreement contingent upon an anticipated use. Present use: Lead -Based Paint Hazards (For Properties prior to 1978 only) Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a aived / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- ards unless 13uyer waives that right. Regardless of whether this inspection is elected or waived, the Residential Lead -Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the Buyer with an EPA -approved lead hazards information pamphlet titled Protect Your Family from Lead in Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding Residential Lead -Based Paint Hazard Reduction Act) Other Elected Waived 1 / The Inspections elected above do not apply to the following existing conditions and/or items: 13. INSPECTiO,N CONTINGENCY (1-10) (A) The Contingency Period is days (10 if not specified) from the Execution Date of this Agreement for each Inspection elect- ed in Paragraph 12(C), except the following: Inspection(s) Contingency Period days days days clays (B) Except as stated in Paragraph I3(C), if the result of any inspection elected in Paragraph 12(C) is unsatisfactory to Buyer, Buyer will, within the stated Contingency Period: I . Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement, OR 3. Present the Report(s) to Seller with a Written Corrective Proposal ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name(s) of a properly licensed or qualified professional(s) to perform the cor- rections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the correc- tions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal. a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writ- ing that Seller will: (I) Satisfy all the terms of Buyer's Proposal(s), OR (2) Not satisfy all the terms of Buyer's Proposal(s) b. if Seller agrees to satisfy the terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. Within days (2 if not specified) of the receipt of written notification that Seller will not satisfy allterms of Buyer'sBuyer Initials: '' /� / ASR Page 6 of 11 Seller Initials:!,://')/// / Revised I/12%osta/ This contract is for use by Tracee Carter. rms C. Proposal, or the time stated in paragraph 13(B)(3)(a) if Seller fails to choose either option in writing, whichever occurs first, Buyer will: (I) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this Agreement, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement, OR (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. If Buyer fails to respond rvithin the time stated in Paragraph 13(B)(3)(c) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.. (C) If a Report reveals the need to expand or replace the existing individual on -lot sewage disposal system, Seller may. within days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- pletion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided within the stated time, Buyer will notify Seller in writing of Buyer's choice to: 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of Paragraph 23 of this Agreement, OR 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement. If required by any mortgage lender and/or any governmental authority, Buyer will connect the defects before settlement or within the time required by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given by Seller, which may not be unreasonably withheld. IfSeller denies Buyer permission and/or access to correct the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of Paragraph 23 of this Agreement. If Buyer fails.to respond within the time stated in Paragraph 13(C) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 14. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-10) (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- ments to Buyer and will notify Buyer in writing that Seller will: I. Fully comply with the notices and/or assessments, at. Seller's expense, before settlement. 11 Seller fully complies with the notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in Paragraph 25 or this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 14(A)(2) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. (13) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 DAYS prior to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. I. Within 5 DAYS of receiving notice front the municipality that repairs/improvements are required, Seller will deliver a copy of the notice to Buyer and notify Buyer in writing that Seller will: a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR. b. Not stake the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify Seller in writing within 5 DAYS that. Buyer will: (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. if Buyer fails to respond within the time stated in Paragraph 14(B)(I)(b) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. 3. If repairs/improvements are required and Seller tails to provide a copy of the notice to Buyer as required in this Paragrtaph, Seller will perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 14(B)(3) will survive settlement. Buyer Initials: ASR Page 7 of 11 Revised 1/12 This contract ie for use by Treece Carter. Seller Initials:,,, IrvI'ms 15. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) Property is NOT a Condominium or part of a Planned Community unless checked below. 0 CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to furnish t3uycr with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regulations of the association. P‹ PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act. THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OFA CONDOMINIUM OR A PLANNED COMMUNITY. (A) Within 15 DAYS from the Execution Date of this Agreement. Seller, at Seller's expense, will request from the association a Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required to provide these documents within 10 days of Seller's request. (13) Seller will promptly deliver to Buyer all documents received from the association. Under the Act. Seller is not liable to Buyer for the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- ciation in the Certificate. (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 of this Agreement. (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- burse Buyer for ally costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer for: (I) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, tire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender. 16. TITLES, SURVEYS AND COSTS (1-12) (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- ular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed restrictions; historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and privileges or rights of public service companies, if any. (B) Buyer will pay for the following: (I) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, tire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals. (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage lender will be obtained and paid for by Buyer. (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as specified in Paragraph I6(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items spec- ified in Paragraph 16(13) items (I), (2), (3) and in Paragraph I 6(C). (E) Oil, gas, mineral, or other rights of this Property may have been previously conveyed or leased, and Sellers make no representa- tion about the status of those rights unless indicated elsewhere in this Agreement. 0 Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. (F) COAL NOTICE (Where Applicable) 'FIBS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE TIIE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTIIER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com- plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. (0) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Notice Regarding Recreational Cabins): (I -I) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here (see Notice Regarding Private Transfer Fees): 0 Private Transfer Fee Addendum (PAR Form PTF) is attached. 17. MAINTENANCE AND RISK OF LOSS (1-10) (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con- dition, normal wear and tear excepted. (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: . Repair or replace the failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to: a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender, i any, OR Rover initials: ASR Page It of 11 Revised 1/12 This contract is for use by Tracee Carter. SeHerinida <JA losta, toms b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, whichever is earlier, that Buyer will: a. Accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 17(6)(3) or fails to terminate this Agreement by written notice to Seiler within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. (C) Seller bears the risk of loss from tire or other casualties until settlement. If any property included in this sale is destroyed and not replaced prior to settlement, Buyer will: I. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. 18. HOME WARRANTIES (140) At or before settlement, either party niay purchase a home warranty for the Property from a third -party vendor. Buyer and Seller under- stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi- cations that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home warranty niay have a business relationship with the home warranty company that provides a financial benefit to the broker. 19. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement. 20. ASSIGNMENT (1-10) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna- ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless otherwise stated in this Agreement. Assignment of this Agreement may result. in additional transfer taxes. 21. GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-05) (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the Commonwealth of Pennsylvania. (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 22. REPRESENTATIONS (1-10) (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing executed by the parties. (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowl- edges that Brokers, their licensees, employees, officers or partners have not made an independent examination or deter- mination of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechan- ical inspection of any of the systems contained therein. (C) Any repairs required by this Agreement will be completed in a workmanlike manner. (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 23. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 23(13), and this Agreement will be • VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit monies. (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law docs not allow a Broker holding deposit monies to determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: I. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, direct- ing Broker how to distribute some or all of the deposit Ironies. 3. According to the terms of a final order of court. 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 23(C)) Buyer luilials: ASR Page 9 of 11 Scllcr Initials: % /t/ / J7k Revised 1/12 /nstai This contract is for use by Tracee Carter. oils (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, with- in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior to the receipt of Buyer's request for distribution, Broker will continue to hold the -deposit monies until receipt of a written distri- bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por- tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that the parties maintain their legal rights to pursue litigation even after a distribution is made. (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: I. Fail to make any additional payments as specified in Paragraph 2, OR 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or financial status, OR. 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. (F) Unless otherwise checked in Paragraph 23.(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: I. On account of purchase price, OR 2. As monies to be applied to Seller's damages, OR �{. As liquidated damages for such default. (G) f SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED 1tt AMAGES. (H) If Seller retains all sums paid by13uyer, including deposit monies,. as liquidated damages pursuant to Paragraph 23(F) or (0), Buyer and Seller are released from further liability' or obligation and this Agreement is VOID. (I) Brokers and licensees are not responsible for unpaid deposits. 24. MEDIATION (i -l0) Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies; to mediation. Mediation wilf be conducted'in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- tem offered or endorsed by the local Association of REALTORS*. Mediation fees, contained in the mediator's fee schedule, will be divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see Notice Regarding Mediation). Any agreement to mediate disputes or claims arising front this Agreement will survive settlement. 25. RELEASE (9-05) Buyer releases, quit claims anti forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any •one of them and any other PERSON, FiRM or CORPORATION who may be' liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and -property dam- age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood - boring insects, radon, lead-based paint hazards, mold,.fungi or indoor air quality,-environmental.hazards, any defects in the individual on -lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- tion, this release. does not deprive Buyer of any right to pursue any remedies that may be ,available under law or equity. This release will survive settlement. 26. REAL ESTATE'RECOVERY FUND (9-05) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783- 3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania): 27. COMMUNICATIONS WITH BUYER AND/OR SELLER (1-10) Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis- fied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to Paragraph iS. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- munication/delivery to a Seller, that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other- wise agreed to by the parties. • 28. SPECIAL CLAUSES (1-10) (A) The following arc part of this Agreement if checked: • ❑ Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) ❑ Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP -CM) O Settlement of Other Property Contingency Addendum (PAR Form SOP) o Short Sale Addendum to Agreement of Sale (PAR Form SHS) ❑ Appraisal Co Itingency Adde9dum (PAR Form ACA)„ lire S 4'r' t 6 1 Att e .Crla(cz41D / < t°e iti%.ic.r' 49, 514: .. ,_ Buyer Initials: ASR Page 10 of II Seller Initials: / \)N Revised 1/12 feta a�t This contract is for use by Tracee Carter. r/Si$ l� EXHIBIT "B" • RESIDENTIAL LEASE Ft,j form recommended and approved sur, but nut restricted to use by. the members of the Pennsylvania As,.Kiatiun of REALTORS"' (PARI. RI TENANT'S RELATIONSHIP WITH PA LICENSED BROKER O No Business Relationship (Tenant is not represented by a broker) Broker (Company) Company Address r rr �/.�t(t ✓ f 1 Company Phone /t"� / 7) 9' Z.L%/3 9 ( Company Fax /?I7 y (?2,0C/ (6/ / Broker is: ❑ Tenant Agent (Broker represents Tenant only) ❑ Dual Agent (Sec Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) p Licensee(s) (Name) t Q4L! (V(..17/ / Direct Phone(s) Cell Phones) Fax Email72 L.r/ /'%L.f5JC.i"Cii Jt'.."072 Licensee(s) is: 0 Tenant Agent with Designated Agency 0 Tenant Agent without Designated Agency D Dual Agent (See Dual and/or Designated Agent box below) rovide real estate services but do not represent Tenant) LANDLORD'S RELATIONSHIP WITH PA LICENSED BROKER O No Business Relationship (Landlord Is not represented by a broker) Broker (Company) ('ct / Company Address Company Phone Company Fax Broker is: ❑ Landlord Agent (Broker represents Landlord only) ❑ Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) Direct Phone(s) Cell Phones) Fax Email Licensee(s) is: O Landlord Agent with Designated Agency ❑ Landlord Agent without Designated Agency D Dual Agent (See Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Landlord) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Tenant and Landlord in the same transaction. A Licensee is a Dual Agent when a Licensee represents Tenant and Landlord in the same transaction. All of Broker's licensees are also Dual Agents UNLESS there are sepa- rate Designated Agents for Tenant and Landlord. If the same Licensee is designated for Tenant and Landlord, the Licensee is a Dual Agent. By signing this Agreement, Tenant and Landlord each acknowledge having been previously Informed of, and consented to, dual agency, if applic, hie. Tenant Initials: Pennsylvania Association of REALTORS' Tills FORM SHOULD NOT BE USED FOR THE LEASE. OFA MANUFACTURED HOME lostar ; This contract to for tae by Trace. Carter. orms HI. Page I 07 Revised I/13 Landlord InNlnls/iif 1(//'I/. COPYRIGHT PENNSVIA'ANIAASSOCIATION 1)FiIt;t 1ls*iota 1'l} PARTIES ) TENANT(S): DLORD(S): (' r' c, .t'c tt it. tt. Lr t S a ( 7Cc.' :' d TENANT' Nitkj,lytn AL) KESS: ! LANDLORD'S MAILING ADDRESS: LIr~t/ L t�•L�ri P I'//0/ j Name TENANT'S EMERGENCY CONTACT INFORMATION Relationship Phone(s) PROPERTY Property Address / (.14-i 6a -13k ,Pr lye_ Unit /v(-( ZIP'r 114/7)/2 in the municipality of },tr.i ( L;► 1 �[ C' C (7Y'7 County of [,'c.t 44263-1Ci�[/ in the School District of _V\ Ot.t y E' /ci , in the Commonwealth of Pennsylvania. TENANT'S RELATIONSHIP WITH PA LICENSED BROKER O No Business Relationship (Tenant is not represented by a broker) Broker (Company) Company Address r rr �/.�t(t ✓ f 1 Company Phone /t"� / 7) 9' Z.L%/3 9 ( Company Fax /?I7 y (?2,0C/ (6/ / Broker is: ❑ Tenant Agent (Broker represents Tenant only) ❑ Dual Agent (Sec Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) p Licensee(s) (Name) t Q4L! (V(..17/ / Direct Phone(s) Cell Phones) Fax Email72 L.r/ /'%L.f5JC.i"Cii Jt'.."072 Licensee(s) is: 0 Tenant Agent with Designated Agency 0 Tenant Agent without Designated Agency D Dual Agent (See Dual and/or Designated Agent box below) rovide real estate services but do not represent Tenant) LANDLORD'S RELATIONSHIP WITH PA LICENSED BROKER O No Business Relationship (Landlord Is not represented by a broker) Broker (Company) ('ct / Company Address Company Phone Company Fax Broker is: ❑ Landlord Agent (Broker represents Landlord only) ❑ Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) Direct Phone(s) Cell Phones) Fax Email Licensee(s) is: O Landlord Agent with Designated Agency ❑ Landlord Agent without Designated Agency D Dual Agent (See Dual and/or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Landlord) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Tenant and Landlord in the same transaction. A Licensee is a Dual Agent when a Licensee represents Tenant and Landlord in the same transaction. All of Broker's licensees are also Dual Agents UNLESS there are sepa- rate Designated Agents for Tenant and Landlord. If the same Licensee is designated for Tenant and Landlord, the Licensee is a Dual Agent. By signing this Agreement, Tenant and Landlord each acknowledge having been previously Informed of, and consented to, dual agency, if applic, hie. Tenant Initials: Pennsylvania Association of REALTORS' Tills FORM SHOULD NOT BE USED FOR THE LEASE. OFA MANUFACTURED HOME lostar ; This contract to for tae by Trace. Carter. orms HI. Page I 07 Revised I/13 Landlord InNlnls/iif 1(//'I/. COPYRIGHT PENNSVIA'ANIAASSOCIATION 1)FiIt;t 1ls*iota 1'l} 5/11/2014 realtor.com Year Built 2006 Neighborhood Not Available Property Status Active MLS ID FL8312927 Presented By RE/MAX Realty Agency, Inc. (717)267-0011 SUSAN MARTIN, PA License RS -193266-L Address 17 Noble Dr Shippensburg, PA 17257 Vie on Map Home Improvements & \ enovations Get Directions Get an insider's look at this horh with a local real estate pro. Get Free Report rovided by Porch.com Property Details Hide Bedrooms • Bedrooms: 3 • 3 Bedroom(s) on Main Floor Bathrooms • 2 Full Bath(s) • 1 Half Bath • 2 Bath(s) on Main Floor • 1 Half Bath on Lower Floor 1 Kitchen and Dining Kitchen - Dining Combo Building and Construction • 2 Stories • 1782 SqFt Above Grade • Bilevel Style • Brick And Siding Exterior , Exterior and Lot Features http://m.realtor.corrOdetailsThsting_id=567110469 2/4 1, LEASE DATE AND RESPONSIBILITIES I. This Lease for the Property, dated / (�! r 3/i i 3 , is between the Landlord and the Tenant. Hach Tenant is individually responsible fur all of the obligations of this Lease, including Rent, fees, damages and other costs. 2. CO-SIGNERS ('o -signers: Each Co-signer is individually responsible for all obligations of this Lease, including Rent, late fees, damages and other costs. Co- signers do not have the right to occupy the Property as a tenant without the Landlord's prior written permission. PROPERTY CONTACT INFORMATION Rental Payme s (see Paragr• ph 6u) fo additional information) Payable to: ' Phon 16.., Address: f� - ll��jr'�1�-�[!� - � Maintemrnee Kequests Contact: Address: Email Phone: Fax: Website Emergency Maintenance Contact Contact Phone Email Website 4. STARTING AND ENDING DATES OF LEASE (also cal (e fe/cm") (A) Starting Date: "- / -3f/ /2,//4-/ (13) Ending Date: S. RENEWAL TERM (A) Unless checked below, this Lease will AUTOMATICALLY RENEW for a Renewal Term of (month- to-month if not specified) at the Ending Date of this Lease or at the end of any Renewal Term unless proper notice is given. Proper notice requires Tenant or Landlord to give at least days (28 if not specified) written notice before Ending Date ,oF before the end of any Renewal Term. This Lease will TERMINATE on the Ending Date unless extended in writing. (U) /If notice is given later than required, Rent is due for the entirety of the Renewal Term. (C) Any renewal will be according to the terms of this Lease or any written changes to it. 6. RENT (A) Rent is due in advance, without demand, on or before the (D) The amount of Total Rent due during the Term is: S (C) The Rent due each month is: $ ; (,) O U (D) If Rent is more than day (S i not specified) late (Grace Period), Tenant pays a Late harge of: $ (E) All other payments due from Ten to Landlord, including Late Charges or utility charges, are considered to he Additional Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will he applied against the current Rent due. When there is no outstanding Additional Rent, prepayment will be applied to the month's Rent that would be due next. /1 (G) Tenant will pay a fee of S ` e) - for any payment that is returned or declined by any financial institution for any reason. If payment is returned or declined, the Grace Period does not apply and the Late Charges will he calculated from the Due Date. Any Late Charges will continue to apply until a valid payment is received. (H) Landlord will accept the following methods of payment: Cash) X Money Order) (FPersonal Check) (0 Credit Cards) ( Cashier's Check) (0 Other: Landlord can change t e acceptable methods of payment if a method fails (check bqun� s, credit card is declined, etc.). (I) The first $_/(C(O°,-- of Rent due will be made payable to J) r2, K' c1.- bereft" 4' (Broker for Landlord, if not specified). Security Deposit will be made payable to Landlord, or Landlord'Srcpresentative. (J) 'the Security Deposit may not be used to pay Rent during the Term or Renewal Term of this Lease. 7. l'AY.'IENT SCIIEDULE (A) Security Deposit will he held in escrow by Landlord, unless otherwise at (financial institution): stated her \ Financial institution Address: p p n. day of each month (Due Date) Security Deposit: t 2O (13) First month's Rent:1" ,( �•' Other: Mc C:'U (C) (I)) Other: Total Rent and security deposit received to date: Total t gaunt flee: rno e� l� '70 . CO rewuu hill ats; / RI, Page 2 of 7 ILA Revised I/1) Dui—Date Pald 0401/3 $ .)1(i6-' 6)//,,1 $ ,5)(C) i. (0/30 s/4(!) -t V (U . I Z't3 Landlord Inillals: ��f 1 •. `�rJ�+ This contract is for use by Traces Carter. Due $ ': • 1 L. t > s r •I Z•�3 $ 'S /rijstale t forms 5/11/2014 realtor.com Listing 1 of 1 $159,900 17 Noble Dr, Shippensburg, PA 17257 3 bd • 2 full, 1 half ba • 1;782 sq ft • 0.33 acre lot Presen -d By SUSAN MARTIN, PA License RS -193266-L okered by RE/MAX Realty Agency, Inc. Email 1 of 12 Save Share Property Overview Hide Very nice 3 bedroom home with 2.5 baths. Lower level offers family room and a bonus room ! 2 car garage and laundry room with 1/2 bath complete the lower level. Deck overlooks a Targe backyard with nice landscaping! This is a Fannie Mae HomePath property .Purchase for as little at 5% down! This property is approved for HomePath Renovation Mortgage Financing. Beds 3 Beds Baths 2 Full, 1 Half House Size 1,782 sq ft Lot Size 0.33 acre lot Price ♦ $159,900 Reduced by $10,000 on May 8, 2014 Check Mortgage Rates Price/Sq Ft $90 Property Type Single -Family Home http://m.realtor.cornNtdetails?listing_id=567110469 1/4 S. SECURITY DEPOSITS (A) During the first year of the Lease, the Security Deposit may not exceed two months' rent. Ater the first year, the Security Deposit may not exceed one month's rent. After the second year, the Security Deposit must be placed in an interest-bearing account which shall be paid to the tenant yearly, however the Landlord may retain up to one percent of interest to offset admin- istrative costs. After the fifth year, the Security Deposit may not be increased. (B) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mailing address where Landlord can return the Security Deposit. (C) Within 30 days alter Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the Property fur which the Landlord claims Tenant is responsible. (D) Landlord may deduct repair costs and any unpaid Rent and Additional Rent from Tenant's Security Deposit. Any remaining Security Deposit will be returned to Tenant within 30 days after Tenant moves from the Property. 9. USE OF PROPERTY AND AUTHORIZED OCCUPANTS (A) Tenant will use Pro pc as a residence ONLY. (It) Not more than ..,people will live at the Property. I_is#aft other of cttpunts who are not listed as Tenants in this Lease: Name 68 or older Namc ❑ 18 or older Name" fc/(t�� .+� I� r.18 or older Name 018 or older Service animals: Type Breed Name 0 Additional information is attached ID. POSSESSION (A) Tenant may move in (take possession of the Property) on the Starting Date of this Lease. (B) If Tenant cannot move in within days (0 if not specified) after Starting Date because the previous tenant is still there or because of property damage, Tenant's exclusive rights are to: I. Change the Starting Date of the Lease to the day when Property is available. Tenant will not owe or be charged Rent until Property is available; OR 2. End the Lease and have all money already paid as Rent, Additional Rent or Security Deposit returned, with no further lia- bility on the part of Landlord or Tenant. I I. LANDLORD'S RIGHT TO ENTER (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, or show the Property. Tenant does not have to allow possible tenants or other licensees to enter unless they are with the Landlord or Landlord's representative, or they have written permission from the Landlord. (13) When possible, Landlord will give Tenant hours (24 if not specified) notice of the date, time, and reason for the visit. (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will notify Tenant who was there and why within hours (24 if not specified) of the visit. Showing the property is not considered an emergency. (D) Landlord may put up For Sale or For Rent signs, use lock boxes, and take pictures and video on or near Property. 12. RULES AND REGULATIONS (A) 0 Rules and Regulations for use of the Property and common areas are attached. gHomeowners Association or Condominium rules and regulations for the Property are attached. (13) Any violation of the Rules and Regulations is a breach of this Lease. (C) Landlord may create or modify the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or welfare of others. Landlord agrees to provide all changes to Tenant in writing. (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. (E) If any tine is imposed on Landlord because of the actions of Tenant, or Tenant's family or guests, Tenant will reimburse the Landlord or pay the fine. Any unpaid fines will be considered Additional Rent. CTenant will not keep or allow any pets on any part of the Prop unless checked below. Service animals are not pets. C—roiTin may keep pets with Landlord's written permission according to the terms of the attached Pet Addendum and/or Rules and Regulations. 14. CONDITION OF PROPERTY AT MOVE IN Tenant has inspected the Property and agrees to accept the Property "as -is," except for the following: 15. .APPLIANCES INCLUDED .Stove) (❑ Refrigerator) (I Dishwasher) (❑ Washer) (0 Dryer) t'{.;arbagc Disposal){L�1Microwave) (0 Air Conditioning Units - Number: ) (❑ Other Landlord is responsible fix repairs to appliances listed above unless otherwise stated here: Tenant Inili: This contract is for use by Traces Carter. ItI. Page 3 nt7 Revised 1/13 t.ondlurd Inillalc:�l / ff)rls, I�stai t form= Virtual Tour Liv Rm 61m 21X13 Din Rm Dim 11X11 Level 2 Level 2 Active MLS # 10247738 Class Residential Type Detached List Price $199,900 HTBB: No Address 17 Feather Drive City Shippensburg Mun Southampton Zip 17257 Area 7 Dev Timberland Estates Schl Dist Shippensburg County Cumberland Design Split Level # Bdrms 3 Associated Document 3 # Stories 3 Story Handicap Baths F 2 H 1 # FP Possession Quick Links: 00000 Flood Zone: No Kitchen Dim 11X10 Level 2 Fam Rm Dim 21X13 Level 1 l0 Sched.lie a Sh0v ii Den Dim MBR Dim 17X11 Level3 BD1 CTm BD2 Dim • 11X10 Level3 BD3 Dim 11X10 Level3 Bath Half Full Bsmt 1 0 Main 0 0 2nd 0 2 3rd 0 0 BD4 Dim 8D 5 Dim Tax 2,608 Tax Year 20 Acres 0.3200 Lot Year Built /- 2008 Warranty Square Ft Source Public Records quare Feet Above Grade 1,861 Finished Square Feet Below Grade /- Condo No HOA/Condo Initiation e$ Fee 0 Fee Frequency Adult Community Const Frame Wtr/Swr Public Sewer, Public Water Ext Brick, Vinyl Lot Sz Roof Asphalt/Fiberglass Lot Desc Fenced A ppl Microwave, Dishwasher, Disposal, R rigerator, Washer, Dr... Age Ext Fea Deck, Porch Rd Frntg Equip Smoke Detectors, Garage Door Opener, eiling Fan Amen Dining Dining Area Heat HeatPunp Parking 2 Car Garage, Integral Misc. Rms Cool Central Air, Heat Pump Fence Assoc Amen Electric 200 + Amps Aux Heat Zoning Residential Basement Exterior Access Occ Owner Avail Finc Conventional, VA, FHA, Cash Public View SHIPPENSBURG. Home on .32 acres of ground w/large fenced rear yard. Deck off eat in kitchen, wide brick steps leading to front door & Remarks nice sized front porch. A few steps up and a few steps down for three levels of living and lower fourth level as basement. Well kept and ready to move into. Open floor plan on main level with eat in kitchen & large fam rm You will enjoy the separate living areas with few steps. See today! Agent Set-up showings through Showing Time 1-800-746-9464 or view Showing Assist . Red -washer and dryer are reserved. Remarks bir From Carrp Hill, 81-S to Exit 29, left onto 174-E/Walnut Bottom Rd, R/Hershey Rd, Cont on Rt 3003/Neil Rd, R/Cleversburg Rd, L/Baitimore Rd, R/Feather Dr Listing Type Exclusive Right Under Const No Est Comp Date Update Date 4/16/2014 Possible Short Sale No Bank Owned/REO7 No SAC 0 N TLC Show View Showing Assist, See Agent Re... Lock Box Other BAC 3 N LO COLDWELL BANKER HOMESTEAD GR... (717) 763-7500 4075 MARKET STREET CAMP HILL PA 17011 LA STEVE BICKFORD CELL: (717) 579-9126 sbickford@cbsp.com LA2 LA3 Selling Office Selling Agent CDOM 109 Seller Help Cls Cost Contract Date Clsing Date Finc DOM 109 Sold Price Seller Help Repairs Information provided is deemed reliable but not guaranteed. 05/13/2014 03:04 PM CST 16. UTILITIES AND SERVICES Landlord and'fenant agree to pay for the charges for utilities and services provided for the Property as marked below. If a service is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not responsible for loss of service it' interrupted by circumstances beyond the Landlord's control. Utility accounts paid by Tenant must remain active in Tenant's name until the end of the Lease Term. Tenant will notify Landlord if Tenant receives any notices from utility companies of a pending termination of service, Tenant will be in default of this Lease if all utilities and services for which the tenant is responsi- hie do not remain active. Landlord Tenant pays pays ❑ ,® Cooking Gas/Fuel ❑ ,E5D Electricity O .lam Heat (type) ❑ ill hot Water (type) ❑ VCold \Vater ❑ Trash Removal O ';Recycling Removal ❑ Sewage Fees O " Sewer Maintenance ❑ ' Heater Maintenance Landlord pays Tenant lays ❑ D Air Conditioning ❑ I';i Cable/Satellite Television ❑ r Condominium/Homeowners Association Fee ❑ �•t Parking Fee ❑ T' Maintenance of Common Areas ❑ Pest/Rodent Control ❑ a ed Hugs ❑ ?4 Snow/Ice Removal ❑ �'+ Telephone Service ❑ Rr awn and Shrubbery Care O tiqj❑ Comments: 17. TENANT'S CARE OF PROPERTY (A) Tenant will: I. Keep the Property clean and safe. 2. Dispose of all trash, garbage and any other waste materials us required by Landlord and the law. 3. Use care when using any oldie electrical, plumbing. heating, ventilation or other facilities or appliances on the Property, including any elevators. 4. Notify Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions. 5. Obey all federal, state, and local laws that relate to the Property. 6. Clean up after service animals on the Property, including common areas. (U) 'tenant will not: I. Keep any flammable, hazardous or explosive materials on the Property. 2. Destroy, damage or deface any part of the Property or common areas. 3. Disturb the peace and quiet of other tenants or neighbors. 4. Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant agrees' that any changes or improvements made will belong to the Landlord. 5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any. (C) Tenant will have breached this Lease and will he responsible for damages if Tenant does not comply with (A) and ((3). (D) 'Tenant is responsible to pay the costs for repairing any damage that is the fault of Tenant, Tenant's family, guests, and/or service animals. Is. DETECTORS AND FIRE PROTECTION SYSTEMS (A) Landlord has installed (t Smoke Detectors) (0 Carbon Monoxide Detectors) (0 Fire Extinguishers) in the Property. Tenant will maintain and regularly test detectors to be sure they are in working order, and will replace detector batteries as needed. (13) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning detectors. (C) Failure to properly maintain detectors, replace detector batteries or notify Landlord or Landlord's representative of any broken or malfunctioning detectors is a breach of this Lease. (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these sys- tems is stated in the Rules and Regulations, if any. (E) Tenant will pay for damage to the Property if Tenant fails to maintain or misuses detectors or other fire protection systems. 19. DESTRUCTION OF PROPERTY (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by fire or by any other cause. 'tenant will immediately notify Landlord or Landlord's representative of any condition in the Property that could severely damage or destroy the Property. (13) It' Tenant, their family or guests cause damage by tire or by other means, this Lease will remain in effect and Tenant will con- tinue to pay rent, even it "Tenant cannot occupy the Property. (C') If the Property is severely damaged or destroyed for any reason that is not the fault of Tenant: I. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until the damage is repaired. OR 2. If the law does not allow Tenant to live on the Property, this Lease is ended, (I)) It' Lease is ended, Landlord will return any unused security deposit to Tenant. 't'runnt Ittitlals,LA I ;n. Contact Is C,, 4.• nr *..<m <..,•r. Irl. Page 4 ut 7 Itcvlsed 1/13 j Landturd Initials: + / n R., Ista t roma Active MLS # 10250905 Class Residential Type Detached List Price $179,900 HTBB: No Address 410 Wagners Dr City Shippensburg Mun Southampton Zip 17257-8811 Area 9 Dev Schi Dist Shippensburg County FranTclin Design Bi -Level # Bdrms 3 # FP Associated Document # Stories 2 Story Handicap Baths F 2 H 1 0 Quick Links: ©o o Possession Flood Zone: No Liv Rm Dim 14 X 12 Din Rm 61m Level 1 . Kitchen Dim 21 X 12 Level 1 Fam ltm him 25 X 12 BelowB Den Dim MBR Dim 14 X 12 Level l 001 Dim BD2 Dim 12 X 10 Level l B63 Dim 11 X 10 Level 1 8D4 Dim BD 5 Dim Ni5 .zoj� Bath Half Full Bsmt I 0 Main 0 2 2nd 0 0 3rd 0 0 Laundry 12 X 7 BelowB Viny F\louring, Half Bath Tax 2,507 Tax Year 2013 Acres 0.3810 Lot Year Built /- 2007 Warranty Square Ft Source Public Records Square Feet Abc (e Grade 1,752 Finished Square Feet Below Grade Condo No HOA/Condo Initiation Fee$ Fee 50 Fee Frequency Yearly Adult Community /- Const Stick Built Wir/Swr Public Sewer, Public Water Ext Brick, vinyl Lot Sz Roof Asphalt/Fiberglass Lot Desc Corner A ppl Microwave, Dishwasher, Refrigerator, Washer, Dryer, ng... Age Ext Fea Deck, Patio, Storm Doors, Exist Rd Frntg Equip Ceding Fan men Dining Dining Area, Eat -In Kitchen Heat Heat Purrp Parking 2 Car Garage, Attached, Paved Drive, Side Entry Misc. Rms Family Room, Laundry Room Cool Ceiling Fan, Heat Purrp Fence Assoc Amen Electric Circuit Breakers, 200 + Arrps Aux Heat Zoning Residential Basement None Occ Owner Avail Finc Conventional, VA, FHA, Cash Public View Well cared i &'Eorre a nice flat corner lot. Kitchen'E s lots of cabinets and counter space and all kitchen appliances convey. Deck off of Remarks dining area. Master bedroom with full bath. Family room with wood floors. Patio off of fanily room. Washer and dryer convey. Agent Wel cared for home a nice flat corner lot. Kitchen has lots of cabinets and counter space and all kitchen appliances convey. Deck off of Remarks dining area. Master bedroom with full bath. Foray room with wood floors. Patio off of faulty room. Washer and dryer convey. Dir From Shippensburg, N Morris St to left on Thomwood, right on Ely Dr, Teft on Grove Dr to property on the left on the corner of Grove and Wagners Listing Type Exdusive Right Under Const No Est Comp Date Update Date 4/8/2014 Possible Short Sale No Bank Owned/RED? No SAC 0 N TLC Show Call List Office, Call List Agent, Loc... Lock Box Other BAC 3.00 N LO RE/MAX REALTY AGENCY, INC. (717) 267-0011 1132 KENNEBEC DR CHAMBERSBURG PA 17201 LA SAMUEL SMALL (717) 267-0011 samsmall( )nris.com LA 2 LA3 Selling Office Selling Agent CDOM 33 Seller Help as Cost Contract Date Clsing Date Finc DOM 33 Sold Price Seller Help Repairs Information provided is deerred reliable but not guaranteed. 14 04: N. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 'Property was built in or alter 1978. This paragraph does not apply. 0 Property was built before 1978. Landlord and Tenant must provide information in this paragraph. Lead Hazards Disclosure Requirements The Residential Lead -Based Paint Iluzard Reduction Act says that any Landlord of property built before 1978 must give the Tenant an EPA pamphlet titled Pm/co Your Family From Lead in Your Home. The Landlord also must tell the Tenant and the Broker for Landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenant how the Landlord knows that lead-based paint and lead-based paint hazards arc on the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any Landlord of a pre -1978 struc- ture must also give the Tenant any records and reports that the Landlord has or can get about lead-based paint or lead-based paint hazards in or around the property being rented, the common areas, or other dwellings in multi -family housing. It is also required that the EPA pamphlet be given to tenants before the Landlord starts any major renovations on a pre -1978 structure. 'The Act does not apply to housing built in 1978 or later. Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord must explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any other intorma- tion Landlord has about the lead-based paint and lead-based paint hazards. • (8) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stated below: Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on the Property: List records and reports: (C) Tenant initial all that arc true: Tenant has received the pamphlet Protect Your Family From Lead in Your Home. Tenant has read the information given by Landlord in paragraph 20 (A) and (13) above, it' any. Tenant has received all records and reports that Landlord listed in paragraph 20 (13) above, if any. (D) Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge. 21. INSURANCE AND RELEASE (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be injured while on the Property. 0 IF CHECKED, Tenant must have insurance policies providing at least S property insurance and S liability insurance to protect Tenant, Tenant's property and' Tenant's guests who may be injured while on the Property. Tenant must maintain this insurance through the entire Tcrm and any Renewal Term. Tenant will provide proof of insurance upon request. Tenant will notify Landlord within 10 days of changes to or, cancellation of these policies. (B) Landlord is not legally responsible for any injury or damage to Tenant ur Tenant's guests that occurs un the Property, (C) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees asso- ciated with that loss. 22. HOLDOVER TENANT'S If Tenant occupies the Property alter the Ending Date or end of any Renewal Term, Tenant will be considered a holdover tenant and will he causing the Landlord damages. These damages will be equal to , 3 times the monthly Rent plus any lodging expenses of the new occupant, eviction costs and attorney fees, paid on a daily basis without demand. 23. 'TENANT ENDING LEASE EARLY Tenant may not end this Lease and move out of the Property before the Ending Date of the Lease or any Renewal Term UNLESS Tenant dues ALL of the following: (A) Tenant continues to pay all Rent until the Ending Date of the Lease, or any Renewal Term, or until a new tenant is approved by Landlord and a new lease takes effect, whichever happens first, AND (U) Tenant gives Landlord at least days written notice, AND (C) 'tenant pays Landlord a Termination Fee of 24. ABANDON W1ENT (A) Tenant has abandoned the Property if: I. 'tenant has physically vacated the premises, removed substantially all personal property. OR 2. A court grants the Landlord possession of the Property. (13) It' Tenant abandons Property while Rent is due and unpaid, Landlord may take possession of the Property and immediately rent the Property to another tenant. Tenant Initials: This contract la for cam by Traces Carter, HI, Page 5of7 12evised I/t3 Landlord Initials:1,/r /nstaie t ornfa EXIT Realty Capital Area RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE FORM This form recommended and approved for, but nor restricted to use by, the members of the Pennsylvania Association of Realtors,* (PAR) THIS FORM MUST BE COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978 2 3 4 5 0 7 a D 10 11 13 14 15 16 1i 18 10 20 21 22 23 24 25 2e 27 28 20 3 31 32 93 3 9 3 3 1 4 4 LPD PROPERTY 17 Feather Drive Shippensburg PA 17257 SELLER Brian It i Margaret B Crowell LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poi- soning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint haz- ards. A r-i-skassessment or inspection for possible lead-based paint hazards is recommended prior to purchase. SELLER'S DISCLO URE / Seller has' o knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. / Seller ha ledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for mining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available " ormation concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) SELLER'S RECORDS/REP TS / Seller has no recor or reports pertaining to lead-based paint and/or lead-based paint hazards in or about the Property. / Seller has provided Bu r with all available records and reports regarding lead-based paint and/or lead-based paint hazards in or about the Property. (L t documents): Seller certifies that to the best of Seller's owledge the above statements are true and accurate. SELLER DATE SELLER DATE SELLER DATE A ENT ACKNOWLEDGEMENT AND CERTIFICA N Agent/Licensee represents that Agent has info Seller of Seller's obligations under the Residential Lead -Based -Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and is are of Agent's responsibility to ensure compliance. The following have reviewed the information above and certify that the Agent statements are true to the best of their knowledge and belief. Seller Agent and Buyer Agent must both sign this form. BROKER FOR SELLER (Company Name) LICENSEE DATE BROKER FOR BUY :Company Name) Exit Realty Capital Area LICENSEE A�� DATE Aar-- Wo"d- BUYER Elizabeth J Hendrickson DATE OF AGREEMENT 5/18/2014 BUYER'S ACKNOWLEDGMENT / Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement. t1 / Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards and has received the records and reports regarding lead-based paint and/or lead-based paint hazards identified above. Buyer ce ties that to the best of Seller's knowledge the above statementsCare true and accurate. : BUYER DATE .l lI r •/7 I BUYER DATE BUYER DATE Pennsylvania Association of Realtors' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSZ 2010 04114 This contract is for use by Barbara Woods. Iosta IC) IfTenant abandons OR moves out of the Property, Tenant will: I. Remove all of Tenant's personal property. AND 2. Provide a fiuwarding address or written notice stating that Tenant has vacated the premises, AND 3. Contact the landlord within ten (10) days regarding the Tenant's intent to remove any remaining personal property. a. If the intent is communicated to the landlord, the personal property shall be stored by the landlord at a location of the landlord's choosing For thirty (30) days. b. If no communication is made to the landlord within ten (10) days, the property may be disposed of at the end of the ten days at the discretion of Landlord and Tenant will pay all costs related to the removal and/or storage. 25. LANDLORD REMEDIES IF TENANT BREACHES LEASE (A) IfTenant breaches Lease for any reason, Landlord's remedies may include any or all of the following: I. 'faking possession of the Property by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and rea- sonable costs, including the cost for Landlord and Landlord's agent to attend court hearings. _'. Filing a lawsuit against Tenant for Rent, damages and Additional Rent, and for Rent and Additional Rent for the rest of the Term or any Renewal Period. If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to garnish Tenant's wages and take Tenant's personal goods, furniture, motor vehicles and money in banks. 3. Keeping Tenant's Security Deposit to be applied against unpaid Rent or damages, or both. (B) If Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice, unless otherwise required by local ordinance. (Tenant Initials) TENANT WAIVES OR GIVES UP TENANT'S RIGHT TO A NOTICE TO MOVE OUT UNLESS A DIFFERENT PERIOD FOR PROVIDING NOTICE IS STATED IIERE: 26. TRANSFER AND SUBLEASING (A) Landlord may transfer this Lease to another landlord, Tenant agrees that this Lease remains the same with the new landlord. (B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of the Property without Landlord's written permission. 27. SALE OF PROPERTY (A) If Property is sold, Landlord will give Tenant in writing: I. Notice that the Security Deposit and/or prepaid Rent has been transferred to the new landlord. 2. The name, address and phone number of the new landlord and where Rent is to be paid, if known. (I3) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced Rent to the new landlord. (C) Landlord's responsibilities to 'Tenant under this Lease end atter the Property has been sold and the Lease transferred to a new landlord. (D) 0 If checked and Landlord sells the Property during the Lease or any Renewal 'term, Landlord has the right to terminate this Lease if Landlord gives written notice to 'Tenant at least days prior to the Settlement Date of the Property as defined in the agreement of sale. Tenant is not entitled to any payment of damages. 28. IF GOVERNMENT TAKES PROPERTY (A) The government or other public authority can take private property for public use. The taking is called condemnation. (13) If any part of the Property is taken by the government, Landlord will reduce Tenant's Rent proportionately. It' all the Property is taken or is no longer usable, this Lease will end, Tenant will move out and Landlord will return to Tenant any unused Security Deposit or prepaid Rent. (C) No money paid to Landlord for the condemnation of the Property will belong to Tenant. 29. TENANTS' RIGHTS (A) Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant: (I) complains to a government agency or to Landlord about a building or housing code violation; (2) organizes or joins a tenant's organization; or (3) uses Tenant's legal rights in a lawful manner. (13) Landlord or property owner may have a mortgage on the Property. The rights of the mortgage lender come before the rights of the Tenant. For example, if Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease. Landlord will notify Tenant immediately if Owner or Landlord receive a notice of foreclosure. 'T'ENAN'T MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE ISA FORECLOSURE, THE NEW OWNER MAY HAVE THE RIGHT TO END THIS LEASE. 30. PENNSYLVANIA PLAIN LANGUAGE CONSUMER CONTRACT ACT The Office of Attorney General has not pre -approved any special conditions or additional temis added by any parties. Any special conditions or additional terms Hurst comply with the Pennsylvania Plain Language Consumer Contract Act. 31. CAPTIONS the headings in this Lease are meant only to make it easier to find the paragraphs. 32. EN'T'IRE AGREEMENT This Lease is the entire agreement between Landlord and 'Tenant. No spoken or written agreements made before signing this Lease are a part of this Lease unless they are included in this Lease in writing. No waivers or modifica- tions of this Lease during the Term of this Lease are valid unless in writing signed by both Landlord and 'Tenant. Min contract is for use by Trace. Carter. 111. Page r,of7 Revised 1113 I.:nnllord Initials: 79/1/ Isla arms Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residen- tial real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A resi- dential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest In real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant 5. Transfers between spouses that result from divorce, legal separation, or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominium and cooperative interests. Seller's Initials: V1ZC Date f (i l f/i 4 SPD Notices 1 of 1 Buyer's Initials: / Date C .13. SPECIAL CLAUSES (A) The following are part of this Lease if checked: ❑ Change of Lease 'Terms Addendum (PAR Form CLT) O Pet Addendum (PAR Form PET) 0 (II) Additional Terms: NOTICE BEFORE SIGNING: if 'Tenant or Landlord has legal questions, Tenant or Landlord Is advised to consult an attorney. }t' pJ JJ'K(Landlord Initials) If Landlord Is represented by a licensed real estate broker, Landlord acknowledges receipt of the Consumer Notice as adopted by the State Real Estate Commission ut 49 Pa. Code §35.336 and/or §35.337. ("Tenant Initials) If 'Tenant is represented by a licensed real estate broker, Tenant acknowledges receipt of the Consumer ce as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. 13y signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory information set forth in this Lease. A propeny manager to be,�ctit as an a Ent for Landlord and may execute this Lease on the Landlord's behalf. TENANT ....J2,41,-- DATE TENANT DATE TENANT DATE ('(D TENANT DATE CO-SIGNER DATE CO-SIGNERDATE is -(z.' -i3 //JJ LANDLORD L4. .. LANDLORD,.L/ . / - /`2t<c(� �jaLty// BY I DATE /(7'/2 /) DATE Brokers'/Licensees' Certifications I3y signing here. 13rokers and Licensees involved in this transaction certify that: (1) The intonnation given about Lead -Based Paint is true to the best of their knowledge; AND (2) They have told Landlord of Landlord's responsibilities under the Residential Lead -Based Paint Hazard Reduction Act (42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements. Brokers and Licensees must make sure that Landlord gives Tenant thc information required by thc Act. BROKER FOR LANDLORD. Company Name) L KcJ ACCEPTED BY / 131LOKER FOR TENAN'f�(CSrtip any Name) ACCEPTED BY DATE / 6 , I '2 I .3 DATE ( p LANDLORD TRANSFERS LEASE TO A NEW LANDLORD As part of payment received by Landlord, (current Landlord) now transfers to other benefits. WITNESS WI'T'NESS WITNESS W ITN ESS (new landlord is heirs and estate, this L& 'e and the right to receive the Rents and CURRENT LANDLO CURRENT LANDLORD NEW LANDLORD NEW LANDLORD NI, Page 7 of 7 Revised 1/13 This contract is Eor use by Tracee Carter. DATE DATE DATE DATE 'forms 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 Property 17 FEATHER DRIVE City SHIPPENSBURG Yes No Unk N/A State PA Zip 17257 (C) Legal 1. Are you aware of any violations of federal, state, or local laws or regulations relating to this property? 2. Are you aware of any existing or threatened legal action affecting the property? (D) Additional Material Defects 1. Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? Note to Buyer. A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, ' system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. 2. After completing this form, if Seller becomes aware of additional information about the property, including through inspection reports from a buyer, the Seller must update the Seller's Property Disclosure Statement and/or attach the inspection(s). These inspection reports are for informational purposes only. air any ''yes" answers in section 20: 21. ATTACHMENTS (A) The follo1ving are part of this Disclosure if checked: ❑ Selle4Property Disclosure Statement Addendum (PAR Form SDA) ❑ \\ 0 502 The undersigned Seller represents th3,the information set forth In this disclosure statement is accurate and complete to the 503 best of the Seller's knowledge. Seller her authorizes the Listing Broker to provide this information to prospective buyers of 504 the property and to other real estate (kens . SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 505 CONTAINED IN THIS STATEMENT. Seiler shall se Buyer to be notified in writing of any information supplied on this form 506 which is rendered Inaccurate by a change in the c • • kion of the property following completion of this form. 507 508 SELLER 509 SELLERQ 510 SELLER 511 INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW 512 513 514 515 516 517 518 519 520 521 522 523 524 DATE (I I ( I DATE DATE EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee Is not required to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known material defect(s) of the property. DATE RECEIPT AND ACKNOWLEDGEMENT BY BUYER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property In its present condition. It Is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be Inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. BUYER DATE / (c•( BUYER BUYER DATE DATE SPD Page 9 of 9 EXHIBIT "C" Bearn's Carpet & Flooring Seams Carpet & Flooring, Inc. 1735 W. Trindle Rd. Carlisle, PA 17015 717-243-2636 SOLO TO r Rauctabaugh, Dave 249-7787 249-7787 F. -- MATERIALS (-1) 8cimbaraar :12.00 - (2) Pad (LFIsh) (3) Level Par -12.00 (4) Cove Base LABOR (1) Carpet Install (3) Vinyl Regular (4) Vinyl Base Comments: 717-243-1489 SHIPPED TO Sable Chase #104 6 Lb 7/16 p.1 Proposal #: 8E007712 Sale Date: 0911512014 Install Date: Sales Rep: Beam, Terry Sales Rep: Frinted {9t1 1 4 'CI.Z3 QUANTITY PRICE tid 0S8T2b2LT2.:01 7 TOTAL' 357.00SgFi $1.35 $481.95 357.00SqFt $0.50 $178.50 114.01.1SqFt $1.50 $171.00 30.00InFt $1.00 $30.00 Materials Subtotal: $861.45 QUANTITY PRICE TOTA 357.00 SqFt $0.75 114.00 SqFt $0.97 30.00 LnFt $0.50 -$267.75 5110.58 $15.00 Labor Subtotal: $393.33 Subtotal: Mleo: Total: Payments: Balance: $1,254.78 $0.00 $1,254.78 $1,254.78 LaL 6t'2(LTL) lIflS Henuebantdel 3OUCI:WOdd 9T:TT VL02-ST-d3S / • From 0 cy er rnorr Lson 369001 173 LO-A6Ner toe i21.1-03 DATE 51-10 — I f - Statement A -11:41121r-34090 0141 s•d OSBIEt72LTL:01 LOLL 62(LTL) line Honueuantla 3(100:W08J LT;TT bT02-ST-d3S 0dAIDOtnh TERMS 60 5Qnn stci TrOz „... C.,ctc\t5ke \-701-5 Aglo . 'r.Pr V.;r4.5••'ef; ,:.;:? e::.'j: ',:'; k. • 71'4;.7 .: -4,„•:., ::. .? ,• ''' . .. RAN 1 1 41 WO\ 6 srinc\ Ztxfl± o\5u.) na ce,t1 nj5 ... ... CURRENT OVER 30 DAYS OVER60 DAYS i,:e..:-„q:,:::,: . , ,i),„,k;0;f , • ,;•,i A -11:41121r-34090 0141 s•d OSBIEt72LTL:01 LOLL 62(LTL) line Honueuantla 3(100:W08J LT;TT bT02-ST-d3S " * 9'd Tvn; RoGert_ morri.506 (-73 (.011•Gr1/47...t-proil5 369002 aritsle 97.i/Or3 op in fir DATE / t 0 TERMS .7fryintr, it , ,. .,•'.!t:& F,44V,.-ii;if,;;;,:V:V..,..' .egr .-4,.,,,...,, , . rtUE ,..;,;,-„.,,,:.,4,,, ..:- - d'• - .,.: - ..,.' - 1 ' _o t\ UC),C LIME c\eoN 0 iN3 yt -pA()OirS t.TC, 4 deo Lot N)citue , c.ect cabme,5 5 cleskr0 tyrOl(noir3 >CUARENT OVER 30 DAYS OVER 60 DAYS *-25017/T-34090 0141 OSPI2b2LTL:01. Lea 6t.2(LTL) lIflBHylueean 3neo:Noeu ) I :TT 1-7TCP-CT-, VERIFICATION Katie J. Maxwell, Esquire, of the firm of MARTSON LAW OFFICES, attorneys for Plaintiffs in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief, based upon information provided by Plaintiffs. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. f • CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: oxf Benjamin L. Cox, Esquire 108 Hamilton Circle P.O. Box 1408 Harrisburg, PA 17111 MARTSON LAW OFFICES By ry M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 ,