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HomeMy WebLinkAbout07-5921o/ LAMAR ADVERTISING COMPANY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ NO.: 5q al Ow'd lerrn DAWN SHUGHART CIVIL ACTION - LAW DAWN & ASSOCIATES' REALTY DAWN SHUGHART REALTY, LLC Defendants N O T I C E 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 thej Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD FAKE 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 REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la'demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si u,sted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA gEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 LAMAR ADVERTISING COMPANY: Plaintiff DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC : Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. ©'f 59°79 Cu,,-/ i«-. CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Lamar Advertising Company, a Pennsylvania Business with an office at 308 S. 10t Street, Lemoyne, Pennsylvania 17043. 2. Dawn Shugha?t, is a Defendant, with an address at 950 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 3. Dawn & Associates Realty, a Defendant, is a Pennsylvania Business with an office at 950 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 4. Dawn Shughal'rt Realty, LLC, a Defendant, is a Pennsylvania Business with an office at 950 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 5. Plaintiff provides billboard advertising service to the Defendants,', pursuant to the Bulletin Con tract, attached hereto, marred Exhibit "A" and made part here of. 6. Defendants delinquent balance on account as of October 2007 is $13,000.00. 7. Because of Defendants' failure to make monthly payments and in accordance with the Standard Conditions Agreement, a copy which is attached hereto, marked Exhibit "B" and made part hereof, Defendant owes an attorney commission of $1950.00 for a total of 14,950.00. 8. Defendants have failed and refused to bring this account current. 9. Defendants re not members of the Armed Forces of the United States of A?erica, nor engaged in any way which would bring them within'Ithe Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against the Defendants io the amount of $14,950.00 together with costs of suit thereon. Respectfully Submitted, Date: cg- VL'-, i W Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 ?;arrisburg ,,---?308 S. tOth Street , Date 2/8/06 Lemoyne PA 17043 1799 THE COMPANIES New/Renewal NEW .717-763-8300 1494:0 Tap 717-763-9557 FAX Poster or Poster Paper Contract ENTERED F EB 2 3 Lamar ID No. 271 5648 Customer Name: Dawn & Associates Realt y} Advertiser: Dawn Shughart Street Address: 950 Walnut Bottom Road T]j Cust. A/C Nat'I/Local: LD Mailing Address: Design: TBD City: Carlisle State. PA Zip: 17013 Imprint: Phone: 717-258-8800 Term: 12 Months Start Date: Mar 25 2006 Fax: Contact Person: Dawn Shughart Email ^ THIS INFORMATION FOR OFFICE USE ONLY Billing Start Date: 3/25106 Billing End Date: 3/24/07 Monthly Billing Rate: $600.00 Product Code: 78 Commission: 0.000% Political: Split Billing: Nat'l Contract No. Account Exec. Code: JXV4920 P.O.P. No Dept: Co-op: Market Mkt. Size No-of Code howing Posters Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Cost Per Reg.lll. Month Carlisle & Mech, PA 1 Spec 2 2 25 25 25 25 25 25 25 25 25 25 25 25 8-Sheet Perms: panel #s $600.00 .. 1810 and #1652 Carlisle & Mech, PA 8-Sheet posters 1 Spec 3 3 Mkt. Code Poster Paper Special rate of $3n0 /panel based on fir Renewal rate will Le no les than $350/ J 1 10 10 10 10 $1,050.00 Price.Per Poster Total time customer. Market rate is $350/panel anel • 2LLxql -lift Advertiser authorizes and instructs The Lama Companies to display ina good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays d scribe above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar Companies all contract amounts. Witt n thuty ( 0) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions contained on all three pages of thi contract. The undersigned representative or agent of A vertiser hereby warrants to The Lamar Companies that he/she is the Advertiser and is authorized to execute this contract on behalf f Ad f th ACCOUNT EXE?TijJE: Janelle Verones COMPANY: Harrisburg DATE: k2 J o vertiser. o e This contract is NOT BINDING UNTIL ACCEPTED: Dawn Shughart s 'f fA_ CUSTOMER/A VE TISER r DATE: ? :r6 0(, BY: 'U v, li CUSTOMER/ADVERTISE IGNED BY Dawn Shughart LED by the General Manager of a Lamar Outdoor Advertising Company. 9= i' i>W" THE LAMAR COMPANIES Z-L/i.af fti ? BY: Andrew R. Rebuck, V.P./G.M. AGENCY The agency representing this Advertiser in this co tract executes this contract as an agent for a disclosed principal, but hereby expressly agrees to be liable jointly and severally and in solido with dvertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency waives notice of default and consents to all exten ions of payment. Agency Date: Cust A/C : Nat'l/Local LD Street Address. Mailing Address: By: Signed By City: State: Zip: •.-?-- 3 R ;1 y Email Address: o r s `? t b t p? .,, P. ^, , rs Contact: r r r ^.... ay trtr •- Phone TYPE OR PRINT NAIYIES r=D BItO i Fax SIGNATURES a -: - cc. RFVISFn 1nfn5 Harrisburg 308 S 10th Street yne PA 17043 1799 717-763-8300 717-763-9557 FAX Customer Name: Dawn 8 Associates Realt Street Address: 950 Walnut Bottom Road Mailing Address: City: Carlisle Date 2/8/06 THECOMPANIES New/Renewal NEW Poster or Poster Paper Contract ENTERED r EB 2 3 2006 State: PA Zip: 17013 Phone 717-258-8800 Fax: Email: Lamar ID No. 271 5647 Advertiser: Josh Mitten Cust. A/C #: Nat'l/Local: LD Design: TBD Imprint: Term: 12 Months Start Date: Mar 25 2006 Contact Person: Josh Mitten THIS INFORMATION FOR OFFICE USE ONLY Billing Start Date: 3125/06 Monthly Billing Rate: $600.00 Product Code: 78 Account Exec. Code: JXV4920 Commission: 0.000% P.O.P. No Dept: Co-op: Market Mkt. Code ize howing No. of Posters Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Cost Per M h Reg. III ont Carlisle, PA 1 Spec 2 2 25 25 25 25 25- 25 25 25 25 25 25 25 $600.00 8-Sheet Perms: panel #s 1832 and #1354 I Carlisle, PA 8-Sheet posters 1 Spec 2 10 10 10 10 $700.00 Mkt. Code 'Poster Paper Price Per Poster Total Special rate of $ 00/pane ,_based on first time customer. Market rate is $350/panel.;.. Renewal` rate will be no'te ' s than $350/Panel es¦.n-:i-raur-i lrrt err-r1-z+?•r11•r•rrt+ar?lr[•?+.-t.r--t•T?fi??•r- r?t•J?r?lh7ry?`Af?'fY?l?.: Advertiser authorizes and instructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions contained on all three pages of this contract " The undersigned repre men ,t v j or agent of " dvertiser hereby warrants to The Lamar Companies that he/she is the of the Advertiser and is authorized to execute t}ri- ?ntract on behalf of Advertiser. Josh Mitten it CUSTOMER/ADVERTISE y)/, ACCOUNT EXECUTIVE: Janelle Verones Sout er::. DATE: ' COMPANY: Harrisburg BY: , C T MER/ADVERTS R SIGNED BY Dawn Shughart This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company. ??t,? J(? ACCEPTED: ?J / THE LAMAR COMPANIES DATE: a- 0 4, BY: 1 (? - cl-- Q", GENERAL MANAGER Andrew R. Rebuck, V.P./G.M AGENCY The agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees to be liable jointly and severally and in sohdo ith Advertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency waives notice of default and consents to all ext 's'ons of payment. Agency Date: By. Signed By: Contact P TYPE OR PRINT NAMES BELOW-$ REVISED 10105 F gg rr.,? Cust A/C : Nat'l/Local LD Street Address: Mailing Address: City: Email Address. Phone Billing End Date: 3/24/07 Political: Split Billing: Nat'l Contract No. State: Zip Fax: Nj z r A. ? A 171 E ? A STANDARD CONDITIONS If Lamar is requested by Advertiser to submit art work, then art work submitted by Lamar shall be approved or substitute art work shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or approval of art work by Advertiser, then the date of posting for purposes of commencement of the first monthly invoice shall be deemed to occur on the d rite on which the various spaces are available for service. 2. Advertiser warrants that all appro ed designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, incl actg. attorney's fees arising cut of the character, contents or subject matter of any copy displayed pursuant to this 3. Upon commencement of initial posting, or upon the circumstances described in paragraph 1 regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a report of the posting will be sent with the initial invoice. Each invoice will cover the monthly period following commencement of posting. All prorated invoices and credits will be computed on the basis of a thirty (30) day month. 4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts o God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including illumination, this contract shall no terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably approved by advertiser, or by ext nding the term of the advertising service on the same space for a period beyond the expiration date. The substituted o extended service shall be of a value equal to the amount of such credit. In case of any loss or damage to any of the spat s by any cause as described above, Advertiser will furnish Lamar with a renewal poster within ten (10) days after written notice from Lamar. 5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately, at the option of Lamar, and unless same is promptly paid Lamar may, at its option, discontinue without notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the advertiser or agency of the contra t indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, not to exceed 11/2% per month. In addition, advertiser shall pay Lamar all costs and expenses of exercising its rights under this con ract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00, whichever is greater, and all reasonable collection agency fees. 6. This contract, all three.(3) pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations, _conditions,. or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a wai% er of any other breach of that provision or any other provision. 7. Lamar reserves the right to determ ne?,if copy and design are in good taste and within the moral standards of the individual communities in which _it;,is_displaye . 8• Lamar reserves the right to reject r withdraw any copy, either before or after posting. Lamar further reserves the right to terminate the contract for any reason, at any time. 9• Net cash payment is required thirty (30). days.. after the, date of billing. 10. If a location should be lost during' he period of display for any reason, a poster location of equal advertising value will be substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit based on monthly billing will be giy, n. If this.tphtract requires illumination, it will be provided from dusk until 11:00 p.m. 11. The customary agency commission ill be allowed to accredited advertising agencies. Agency commissions will be forfeited after sixty (60) days, if payment is!pot'recelved.as outlined above.- . 12. All contracts are non-cancelable dvertiser. 13. The Advertiser is responsible for producing and shipping, and all costs involved in the event posters do not reach Lamar by the established posting dates. Lam r must charge for the full period of time beginning with the dates booked. To assure posters have sufficient weight and tensile strength and the necessary capacity to prevent the "show through" of previously posted copy, the recommended spe ification is 70-pound test. In order that an adequate supply of posters will be available for replacement due to damage or loss of locations, it is necessary that Advertiser supply at least 10% extra. 14. A leeway of five (5) working days f om the accepted posting date is required to complete the posting of any display. Paper should be shipped in time to arrive at least ten (10) days prior to the accepted posting date. 15. Should the Advertiser and/or Advertising Agency fail to provide Lamar with the necessary posting instructions in writing at least ten (10) days prior to any scheduled posting date, any costs which arise due to loss of space or replacement of poster elements shall be the exclusive responsibility of the Advertiser and/or Advertising Agency. 16. If during the contract period of the display, Advertiser requests a change in the copy or the additional sheets, the minimum charge for such work is $35 per stop. If the original posting included overlays, no charge will be made. The minimum charge for reposting an entire poster is $50. Advertisers are entitled to one posting of their showing during each 30-day period. Unused postings may not be carried forward and credit for them will not be issued. 17. Poster display of one, two, or three week duration may be purchased, subject to space availability. Rates at month prices are as follows: One Week Display - 0%; Two Week Display - 70%; Three Week Display - 85%. 18. For panels or showing of less than 25 GRP's, the rate(s) will be at least 250/6 higher than standard showing rates, depending on location(s) and plant anager approval. 19. Special Considerations: E- K a SURETY AGREEMENT In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Surety") arantees and a for Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of uretyg is joint and several ands in solidoywith Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety consents to all extensions. Surety waives a y benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is understood that, without this guarantee or sgrety agreement, Lamar would not be willing to enter this contract with Advertiser. Signed this day of SURETY Print Name: Address: P ri%,f ?X 9 VERIFICATION states subject to the penalties of 1$ Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the Y ?! +rn N for the Plaintiff in this matter, t at he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. Ic?4lo? ? 'b9, ? 0 4 ? -l ? oooo c--7 M:D d ---s 0 k.... ?-'? cp ..g_ ?? O " SHERIFF'S RETURN - REGULAR CASE NO: 2007-05921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUGHART DAWN the DEFENDANT at 1540:00 HOURS, on the 11th day of October , 2007 at 1156 WALNUT BOTTOM ROAD SUITE 2 CARLISLE, PA 17013 by handing to THOMAS RIDENBAUCH SALES ASSOCIATE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 1110))0-7 32.80 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 10/12/2007 ARTHUR FELD By. day ty Al*r A. D. 4 -6 SHERIFF'S RETURN - REGULAR CASE NO: 2007-05921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NnTTrF DAWN & ASSOCIATES REALTY was served upon the DEFENDANT , at 1540:00 HOURS, on the 11th day of October , 2007 at 1156 WALNUT BOTTOM ROAD SUITE 2 CARLISLE, PA 17013 THOMAS RIDENBAUCH by handing to SALES ASSOCIATE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit ,00 Surcharge 10.00 R. Thomas Kline .00 it/6J/o-7 ? ?.. 16.00 10/12/2007 ARTHUR FELD Sworn and Subscibed to By: before me this day epu riff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPT ATTTT 9 NTnmrn- DAWN SHUGHART REALTY LLC S was served upon the DEFENDANT , at 1540:00 HOURS, on the 11th day of October , 2007 at 1156 WALNUT RnTTnvr DnTn CARLISLE, PA 17013 THOMAS RIDENBAUCH SALES ASSOCIATE a true and attested copy of COMPLAINT & NOTTrF together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ,?aa?o'1 J 00 16.00 Sworn and Subscibed to before me this day By. of A.D. SUITE 2 by handing to So Answers: R. Thomas Kline 10/12/2007 ARTHUR FELD Apt iff LAMAR ADVERTISING COMPANY COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA VS. NO. 2007-05921 DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC. CIVIL ACTION - LAW Defendants Would you please enter judgment in favor of Plaintiff and against Defendants, Dawn Shughart, Dawn & Associates Realty & Dawn Shughart Realty, LLC., 1156 Walnut Bottom Road, Suite 2, Carlisle, PA 17013 for failure to plead to the Complaint within twenty days of service thereof. I hereby certify that the Default Notice required by Rules of Court was sent to the Defendants as shown on the copy attached hereto. Assess damages as follows: $14,950.00, together with interest thereon from date of judgment together with costs of suit thereon. 0- 0A, , (av Arthur M. Feld, Esq. November 14, 2007 LAMAR ADVERTISING COMPANY Plaintiff . COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA NO.: 2007-05921 DAWN SHUGHART DAWN & ASSOCIATES REALTY CIVIL ACTION - LAW DAWN SHUGHART REALTY, LLC. Defendants IMPORTANT NOTICE To: DAWN & ASSOCIATES REALTY DATE OF NOTICE: November 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Arthur M. Feld, Esq ire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 IAMAR ADVERTISING COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 2007-05921 DAWN SHUGHART DAWN & ASSOCIATES REALTY CIVIL ACTION - LAW DAWN SHUGHART REALTY, LLC. Defendants IMPORTANT NOTICE To: DAWN SHUGHART DATE OF NOTICE: November 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 %4L 11 RE) Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 LAMAR ADVERTISING COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 2007-05921 DAWN SHUGHART DAWN & ASSOCIATES REALTY CIVIL ACTION - LAW DAW14 SHUGHART REALTY, LLC. Defendants IMPORTANT NOTICE To: DAWN SHUGHART REALTY, LLC. DATE OF NOTICE: November 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY' AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 41 $ C?j rv C W ?5m -v C CO LAMAR ADVERTISING COMPANY Plaintiff VS DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC. Defendant/s : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No. 2007-05921 To DAWN SHUGHART & DAWN & ASSOCIATES REALTY & DAWN SHUGHART REALTY, LLC. You are hereby notified that on NOVEMBER , 2007, the following judgment has been entered against you in the above captioned case. JUDGMENT IN THE AMOUNT OF $14,950.00 PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS OF SUIT/ THEREON DATE: NOVEMBER 14v / 2007 P othonotary I hereby certify that the name and address of the proper person/s to receive this notice under Pa. R. Civ. P. 236 is/are: DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC. 1156 WALNUT BOTTOM ROAD, SUITE 2 CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LAMAR ADVERTISING COMPANY VS. DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, INC. 1156 WALNUT BOTTOM ROAD, SUITE2: CARLISLE, PA 17013 Defendant ( ) Confessed Judgment (X) Other DISTRICT JUSTICE File No. 2007-05921 Amount Due $14950.00 Interest FROM 11/15/07 Atty's Comm Costs Total CORNERSTONE FEDERAL CREDIT UNION 5 EASTGATE DRIVE CARLISLE, PA 17013 Garnishee TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the arise out of a retail installment sale, contract, on a confession of judgment, but if it does, it appropriate original proceeding filed pursuant to amended; and for real property pursuant to Ac amended. below does not or account based is based on the Act 7 of 1966 as t 6 of 1974 as Issue Writ of Execution in the above matter to the CUMBERLAND County, for debt, interest and costs following described property of the defendant (s)_ DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against DATE: Signature: r Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 Sheriff of upon the LEVY ON CD r 00 U'? e, crt co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5921 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAMAR ADVERTISING COMPANY, Plaintiff (s) From DAWN SHUGHART, DAWN & ASSOCIATES REALTY, DAWN SHUGHART REALTY, INC., 1156 Walnut Bottom Road, Suite 2, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell Defendant's household goods and personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CORNERSTONE FEDERAL CREDIT UNION, 5 Eastgate Drive, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $14,950.00 Interest from 11/15/07 Atty's Comm % Atty Paid Plaintiff Paid $184.30 Date: 11/16/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs S C s R. Long, ProthonotaryBy: L Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 SHERIFF'S RETURN - GARNISHEE CASE NO:-2007-05921 P COMMf)NWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 5th day of December-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SHUGHART DAWN hands, possession, or control of the within named Garnishee CORNERSTONE FEDERAL CREDIT UNION , in the 5 EASTGATE DRIVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JASMINA DERVISHIRE (FINANCIAL SERVICE) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 r Service .00 ,? Affidavit .00 R. omas Kline_ Surcharge .00 Sheriff of Cumberland County 0000 7 12/17/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE CASE N0:-2007-05921 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 5th day of December , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DAWN & ASSOCIATES REALTY hands, possession, or control of the within named Garnishee , in the CORNERSTONE FEDERAL CREDIT UNION 5 EASTGATE DR CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JASMINA DERVISHIRE (FINANCIAL SERVICE) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R.` Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 00 ? / ??/9?0 7 12/17/200 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE CASE NO:'2007-05921 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LAMAR ADVERTISING COMPANY VS SHUGHART DAWN ET AL And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 5th day of December-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DAWN SHUGHART REALTY LLC hands, possession, or control of the within named Garnishee CORNERSTONE FEDERAL CREDIT UNION 5 EASTGATE DRIVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JASMINA DERVISHIRE (FINANCIAL SERVICE) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answer Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ??=?/?9/ate s 12/17/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff- U A.D LAMAR ADVERTISING COMPANY Plaintiff VS. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN SHUGHART No.2007-05921 DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, INC. Defendant CORNERSTONE FEDERAL CREDIT UNION: CIVIL ACTION - LAW Garnishee INTERROGATORIES TO GARNISHEE TO: CORNERSTONE FEDERAL CREDIT UNION, Garnishee You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 a -. A. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did he claim that you owed the defendant any money or were liable to him for any reason? If so, specify how much. -v( <S? ?; s e6 ?o ,os ?a 3 o ? ?5 ?is 5? JF 35 ?6-7-6 7 heGk, -47-5W0! R CA 3Y57-07ecki? 70S.3S-350 ? c{iei 1 13-V5 7-07 ?-,A e,.k 3l?, c 2. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? If so, specify how much. NO 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? N 6) 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? / ?V 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? No 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? NO 7. If you are a bank of other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. /V6 0 1- 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. These interrogatories shall be deemed to be continuing interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. i Dated: 20 For signature by Garnishee: Vk Arthur M. Feld Attorney for Plaintiff 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 ID #07172 V I C? l 2 ???1? states subiect to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correct to the best of his/her knowledg 7Z ormati and belief. Dated: 42 -/U , 20 912 V c ) r7, t-- _ a F,-j 23 i? j --a LAMAR ADVERTISING COMPANY Plaintiff VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA :#2007-05921 DAWN SHUGHART DAWN & ASSOCIATES REALTY . DAWN SHUGHART REALTY, LLC Defendants CORNERSTONE FEDERAL CREDIT UNION: Garnishee CIVIL ACTION - LAW Would you please enter judgment against Cornerstone Federal Credit Union, Garnishee, in the amount of $13,315.49, the amount being due Defendant at time of garnishee's Answers to Interrogatories. January 18, 2008 a, sv) Attorney for Plaintiff LAMAR ADVERTISING COMPANY Plaintiff VS. DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC Defendants CORNERSTONE FEDERAL CREDIT UNION Garnishee : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA NO.2007-05921 EX. CIVIL ACTION - LAW To CORNERSTONE FEDERAL CREDIT UNION, Garnishee You are hereby notified that on JANUARY 2008, the following judgment has been entered against you in the above captioned case. Judgment in the amount of $13,315.49, the amount being due Defendant at the time of garnishees answers to interrogatories. Date: JANUARY , 2008 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is: DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC 1156 WALNUT BOTTOM ROAD, SUITE 2 CARLISLE, PA 17013 CORNERSTONE FEDERAL CREDIT UNION ATTN: VICKIE EBERTS 5 EASTGATE DRIVE CARLISLE, PA 17013 LAMAR ADVERTISING COMPANY Plaintiff VS. DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC Defendants CORNERSTONE FEDERAL CREDIT UNION Garnishee : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA NO.2007-05921 . EX. CIVIL ACTION - LAW To CORNERSTONE FEDERAL CREDIT UNION, Garnishee You are hereby notified that on JANUARY 2008, the following judgment has been entered against you in the above captioned case. Judgment in the amount of $13,315.49, the amount being due Defendant at the time of garnishees answers to interrogatories. Date: JANUARY , 2008 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is: DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC 1156 WALNUT BOTTOM ROAD, SUITE 2 CARLISLE, PA 17013 CORNERSTONE FEDERAL CREDIT UNION ATTN: VICKIE EBERTS 5 EASTGATE DRIVE CARLISLE, PA 17013 LAMAR ADVERTISING COMPANY Plaintiff VS. DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC Defendants CORNERSTONE FEDERAL CREDIT UNION Garnishee : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA NO.2007-05921 EX. CIVIL ACTION - LAW To CORNERSTONE FEDERAL CREDIT UNION, Garnishee You are hereby notified that on JANUARY 2008, the following judgment has been entered against you in the above captioned case. Judgment in the amount of $13,315.49, the amount being due Defendant at the time of garnishees answers to interrogatories. Date: JANUARY , 2008 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is: DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC 1156 WALNUT BOTTOM ROAD, SUITE 2 CARLISLE, PA 17013 CORNERSTONE FEDERAL CREDIT UNION ATTN: VICKIE EBERTS 5 EASTGATE DRIVE CARLISLE, PA 17013 ?f r\y CA) / V LAMAR ADVERTISING COMPANY Plaintiff VS DAWN SHUGHART DAWN & ASSOCIATES REALTY DAWN SHUGHART REALTY, LLC Defendants CORNERSTONE FEDERAL CREDIT UNION: Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No 2007-05921 CIVIL ACTION - LAW PRAECIPE TO SATISFY THE JUDGMENT Would you please satisfy the judgment against Cornerstone Federal Credit Union, Garnishee in the above captioned matter. Thank you. To Prothonotary January 24, 2008 Attorney for Plaintiff Arthur M. Feld ID #07172 a `'C W R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor 0tv CIO RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant r - `%-3 rl One Courthouse Square Carlisle, Pennsylvania 17013 OFFICE OF THE SHERIFF 06/27/08 r;i Lamar Advertising Company ?--? vs Dawn Shughart, Dawn & Associates Realty & Dawn Shughart Realty, Inc. Writ No. 2007-5921 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated June 18, 2008, entered by Velocity Real Estate Company, LLC, pertaining to Writ of Execution No. 2007-5921 Civil Term, Lamar Advertising Company -vs-Dawn Shughart, Dawn & Associates Realty & Dawn Shughart Realty, Inc. R. Thomas Kline, Sheriff, has determined that the claimant, Velocity;Real Estate Company, LLC, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: A Thomas R. Kline, Shenff By cc Arthur Feld, Atty for Pltff Dawn Shughart, Dawn & Associates Realty & Dawn Shughart Realty, Inc., Deft. Velocity Real Estate Company LLC, by Heather A. Neidlinger, Claimant of (eunlb'O", ?`d kak PROPERTY.CLAYM Lamar Advertising Company VS awn PHhsoaE'Tates a ty awn ug ar a y, Inc. TO THE SHERRIFF OF C TMMFRLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 07-5921 Civil Term The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned- A list of the claimed property and the values thereof are: LIST OV PROPERTY Pleas see attached "Exhibit A". VALUE TAE CL N ANT OBTAC&D TITLE TO TAE PROPERTY AS FOLLOWS: Byre son o an Ass -t Purchase AgrpemPn dated 7^n nary 7, 7008 between Dawn Shughar Realty. LLC t/d/b/a Dawn & Associates Realty and Dawn Realty as seller and Velocity Real Estate Company. LLC as Buyer A cop of said Asset Purchase Agreement is Atta3Ched h rp o as " xhihi t R" Date State of Pennsylvania. County of Cumberland Claimant Velocity Real Estate Company, LLC Heather Neidlinger being 941y sworn according to law, deposes and says that the above list ' the property claim are correct and true. Vel?City Real Estate Company, LLC Sworn and subscribed to before me This day of ``?l r Neidlinla*?ie er Rye 11-964he 4& NOTARIAL SEAL Notary Publi KANDI L. LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2009 ...... ... .... ,,... ....,. ...............,.... s; "d 4ft VERIFICATION I, , Heathe3Neidlinger, Member of Velocity Real Estate Company, LLC, aver that the allegations contained in the foregoing Claim are true and correct to the best of my knowledge, information and belief; and that the statements in said Claim are subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsifications to authorities. Velocity Zeal Estate Company, LLC Verified this 10 day of June, 2008. Heather Neidlinger, Mem FLOWER & LIlVDSAY ATrOD MAT.IAW 26 West High Street Carlisle, PA "Exhibit A" List of Property Value Leather Chair $800 Misc. Wall Decorations $1,000 Telephones (10) $1,500 Fax Machine $200 Chairs (18) $3,600 Water Cooler $150 2 Drawer Metal Filing Cabinet $400 Desk Unit $700 Table $1,500 Fax Machine (Lexmark) $200 Love Seat $500 Leather Loveseat $850 Computer $1,000 Misc. Pictures $2,000 Keyboards (2) $150 Small Tables (3) $600 Coffee Maker $50' Small Refrigerator $100 File Cabinets (6) $1,200 Printer (HP) $500 Wood Mantel Fireplace $1,200 Television (12") $150 Mirror $350 Flatscreen Televisions (3) $3,000 2 Drawer Filing Cabinet $250 Copier $5,000 4 Drawer Metal Filing Cabinet (2) $250 3 Drawer Side Board/Trunk $200 Microwave (Sunbeam) $75 Fax Machine (HP) $100 Computer (Dell) $600 Desk W/Chair (9) $9,000 Metal Chairs (4) $400 Desks (7) $700 Small Filing Table $250 Computer (USB) $600 Golf Clubs (1 set) $250 Lap Top (Dell) $625 All other personal property located at $35,000 1156 Walnut Bottom Road, Suite 2, Carlisle, Pennsylvania Total Value $75.000 "Exhibit B" ASSET PURCHASE AGREEMENT THIS AGREEMENT, dated as of the 2nd-day of January, 2008, the "Effective Date", by and between Dawn Shughart Realty LLC, t.d.b.a. Dawn & Associates Realty and Dawn Realty (hereinafter referred to as DAWN), DAWN is .hereinafter individually and collectively referred to as SELLER and Velocity Real Estate Company, LLC (hereinafter referred to as VELOCITY), VELOCITY is, hereinafter individually and collectively referred to as "Buyer". WHEREAS, DAWN owns and operates a licensed real estate brokerage firm, known as DAWN REALTY, (the "Business"), which Business has its principal office located at 1156 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Seller desires to sell and Buyer desires to purchase the assets and assume the existing Lease of the Business as specified herein in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE, in consideration of the mutual promises herein contained and the payments hereinafter provided, the parties hereto agree as follows: 1. SALE AND PURCHASE OF ASSETS. At the Closing hereinafter provided for, Seller shall sell, transfer, and assign to Buyer, and Buyer shall purchase all of Seller's right, title, and interest in and to all of the assets.of the Business (hereinafter referred to as specified in Schedule "A", including the personal property described hereinbelow, subject to the liens and encumbrances specified in Schedule "B" as "Assumed a Trade Debt", all as adjusted for changes occurring in the ordinary course of business as permitted hereunder between the date hereof and the date of Closing, which assets include: a. All property and assets of the Business of every kind and description wherever located, including claims, rights, and chooses in action; whether choate or inchoate, licenses, trademarks, technology, tradenames, and including but not limited to the inventory, furniture, fixtures, equipment, and vehicles and assets described generally in the attached Exhibit "A"; Va.SFL.2-1-08 1 i ! b. All rights under Seller's written contracts relating to the Business, specifically identified and accepted in writing by Buyer at the Closing; C. All cash and accounts receivables as of the date of Closing; d. All customer files, lists, and records of the Business; e. Such other assets, tangible or intangible, including contract rights, agreements, insurance policies and licenses, oral or written, relating to the Business. f. The business telephone number, fax number, e-mail address and mailing address, and all advertising for the Business. g. All property associated with DAWN REALTY, LLC, to include all office furniture, fixtures, tables, chairs, desks, lamps, mirrors, computers, copies, televisions, etc. at either the Harrisburg Office or the Carlisle Office. h. All signs of any and all type. 1. All paper products. j. All Assignable-Leases on equipment to be taken over by Velocity Real Estate. k. All decorations to include items of memorabilia within the office. 1. All portable office furniture, kitchen appliances, files and business records, etc. M. All items within the two offices whether owned by DAWN REALTY, LLC or by Dawn M. Shughart as of this date are considered part of the Agreement. n. All logos, names, artistries and slogans whether trade marked or not, are part of this Agreement. o. All rights to commissions and other income from pending sales. P. All rights to commissions and other potential incomes from all existing listings. q. All rights to discuss agency agreements with all existing Agents. r. 2006 Hummer with DAWN logo. 2. PURCHASE PRICE. As full consideration for the Assets of Seller, Buyer shall pay to Seller a purchase price of One Hundred Sixty Thousand ($160,000.00) Dollars (the "purchase price") V.2.SFL.2-1-08 2 _ j subject to adjustment as set forth in paragraph 2d hereinafter. The purchase price specified herein shall be paid as follows: a. Ten Thousand ($10,000.00) Dollars in cash or by check payable to William A. Duncan, Esq., as Escrow Agent, upon the signing of this Purchase Agreement. b. One Hundred Fifty Thousand Dollars ($ 150,000.00) in Assumed Liabilities and Trade Debt (Schedule "B") to be paid in accord with Debt Reduction Calendar attached as Schedule "C"; A memorandum shall be attached to this agreement indicating the allocation of the purchase price of One Hundred Sixty Thousand ($160,000.00) Dollars. 3. LIABILITIES. Other than trade payables assumed by Buyer, Buyer is assuming no liabilities of Seller except that Buyer shall loan to Seller Twenty Thousand Dollars ($20,000.00) or more at the sole option of Buyer to be evidenced by a Note. 4. CLOSING. The date of Closing ("Closing") of this transaction shall be on or before January 2, 2008, time being of the essence, or on such other date mutually agreed to by the parties in writing, at which time title and possession of the Assets shall be transferred, conveyed, and delivered to Buyer. The Closing (hereinafter referred to as the "Closing") shall be at 26 West High Street, Carlisle, Pennsylvania, or such other location as the parties may mutually agree. 5. BUYER'S CONDITIONS OF CLOSING. The obligations of the Buyer hereunder to purchase the Assets and close hereunder shall be subject to the satisfaction of the conditions set forth in subparagraphs a. through I. as follows: a. No provisions of any contract, agreement, or other instrument to which it is a party prevent the Company from delivering good title to the Assets to the Buyer in the manner contemplated hereby or otherwise prohibit or would be breached by the consummation of the transactions contemplated herein. (i) The Company and Dawn M. Shughart have full power, legal right, and authority to enter into, execute, and deliver this Agreement, and to consummate the V.2.SFL.2-1-05 3 transactions contemplated herein; and this Agreement has been duly executed and delivered by the Company and Dawn M. Shughart and is a valid and legally binding obligation of each of them, enforceable in accordance with its terms except as its validity and enforceability may be limited by bankruptcy, insolvency, or similar laws of general application affecting the enforcement of creditors' rights generally. b. No action or proceeding shall have been instituted before any court, agency, or other governmental body to restrain or prohibit the transactions contemplated hereby. C. The representations and warranties of the Seller contained in this Agreement shall be true and correct in all respects as of the Effective Date of January 2, 2008 and the Closing Date, with the same effect as though such representations and warranties had been made on such date. All of the covenants and agreements of the Seller to be performed on or before the Closing Date pursuant to the terms hereof, shall have been duly performed. d. All proceedings to be taken in connection with the transactions contemplated by this Agreement and all documents incident thereto shall be reasonably satisfactory in form and substance to the Buyer and their counsel, and the Buyer shall have received copies of all of such documents and other evidence as the Buyer and their counsel may reasonably request in order to establish the consummation of such transactions. e. There shall have been no material adverse change or damage to the premises, the assets, or the business of the Seller. The Seller shall have delivered to Buyer all the documents that they are required to deliver hereunder. g. To the extent such approval or consent is available or obtainable prior to Closing, Buyer shall have obtained the approval or consent of such government agencies or bodies, as Buyer shall deem reasonably necessary in connection with the consummation of the purchase. V..SFL2-I-09 4 h. Seller shall have delivered to Buyer the executed Employment Agreement containing a Not to Compete Covenant in the form attached hereto as Exhibit "D" 1. The Closing on the Purchase and Sale Agreement executed contemporaneously with this Agreement shall take place contemporaneously with this Closing. 6. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents and warrants the following to be true on the date of this Agreement and as of the Date of Closing: a. The Seller owns the Assets free and clear of all claims, liens, mortgages, security interests, encumbrances, claims, and demands of any nature except as disclosed on the Schedule of Trade Debt and Liabilities to be assumed by Buyer and that Seller's shall be duly empowered to execute this Agreement and to do any and all things required or desirable for consummation of all transactions contemplated thereby. b. The execution and performance of this Agreement and the documents necessary to close have been and will be duly authorized by all requisite proceedings by Seller, including the approval of Seller's Membership and, when so delivered, constitute a legal and binding obligation. Seller is not bound by or subject to any contractual or other obligation that would be violated by Seller's execution or performance of this Agreement. C. Execution and delivery of this Agreement and consummation of the transactions contemplated hereby do not conflict with or result in a breach of any of the terms, provisions, or conditions of Seller's Operating Agreement or any agreement, lease, or other agreement or instrument to which Seller is a party, or by which it is bound, nor does execution of this Agreement and consummation of the transaction contemplated hereby constitute a default thereunder. d. The Assets shall be operated and maintained in accordance with Seller's normal operating standards until the Closing except reasonable wear and tear incurred in the normal course of Seller's Business is permitted. V.2.SFL.2-1-08 5 e. Seller shall not sell, dispose of, transfer, or encumber any of the Assets after the execution of this Agreement except in the regular course of its business and with the express approval of Buyer. f. Seller holds all necessary licenses and permits to operate its Business including all occupancy permits. g. There are no employment contracts, union contracts, pension, profit sharing, or retirement plans, agreements, or obligations for the benefit of any employee or other person relating to the Business. h. The execution of this Agreement between the parties constitutes a legal and binding obligation and is not a violation of any other agreement, and there is no voluntary agreement between the Seller and any other party for the sale of any of the Assets to be sold under this Agreement. The Exhibits to this Agreement set forth are true, complete, and accurate information describing the matter set forth therein. j. (i) Seller has duly filed all federal, state, county, and city income tax returns and other tax returns of every kind and description, and there are presently no claims for tax deficiencies pending against Seller by any taxing authority, nor does Seller know of any basis for the making of any claim by any taxing authority for any tax deficiency against Seller. Seller further warrants and represents that all of its tax returns have been filed when due and in accordance with generally accepted accounting principles and that it has disclosed all material facts regarding its business to Buyer. (ii) Seller agrees to indemnify Buyer for any and all costs, expenses and legal fees occasioned by the assertion of a claim, whether founded or unfounded, the commencement of a lawsuit, or any other matter asserted against the Buyer, v.2.SFL-2-1-08 6 which arises by reason of an alleged obligation, debt or other liability for which Seller has assumed responsibility or failed to disclose. (iii) It is specifically agreed that as to any matter, including those referenced in the previous paragraph for which the Seller has agreed to indemnify the Buyer, the Buyer shall have the right to offset any and all amounts paid to or on behalf of the Seller including those pursuant to the Note and Consulting Agreement. k. Since the date of its most recent financial statement referred to in section k. hereof, except as disclosed in this Agreement, Seller has not: (i) Entered into any transaction out of the ordinary course of business; (ii) Had any.change in its financial condition, assets, business, or its customer list, other than changes in the ordinary course of business, none of which changes in the ordinary course of business has been materially adverse; (iii) Suffered any fire, riot, explosion, earthquake, windstorm, strike or other labor trouble, lockout, flood, act of God, or of the public enemy, casualty, condemnation, confiscation, requisition, embargo, activity of the Armed Forces of the United States, revocation of license o.r right to do business, cancellation or modification of contracts by governmental authority, government regulation or order restricting the operation of its business, cancellation or modification of any franchise, right, contract, license, or agreement or any other event which has materially and adversely affected its business, operations, properties, or assets; (iv) Had any material change in the accounting principles and practices theretofore followed by Seller; or (v) Entered into any sale or transfer of any of the Assets, or except in the ordinary course of business, any disposition of any of its intangible assets. v.2.sFL.2-1-08 7 1. The inventories set forth on the Balance Sheet are properly valued, in accordance with generally accepted accounting principles (FIFO). Except for obsolete items that have been fully written off, inventories consist of items of quality and quantity currently usable and saleable in the ordinary course of business without markdown or discount. Seller holds no materials on consignment and has title to no materials in the possession of others. M. All accounts receivable reflected on the Balance Sheet are, and all accounts and notes receivable subsequently accruing to the Closing Date will be (a) valid, genuine and subsisting, (b) subject to no known defenses, set-offs, or counterclaims, and (c) current and collectible. n. No purchase commitment for materials, supplies, component parts, or other items of inventory to which Seller is a party, is in excess of normal, ordinary, usual, and current requirements of its business or at a price in excess of the current reasonable market price. To the best of Seller's knowledge each of the contracts and agreements to which Seller is a party is a valid and binding obligation of the parties thereto in accordance with its terms and conditions. To the best of Seller's knowledge, no party to any such contract or agreement is in default with respect to any term or condition thereof, nor has any event occurred which, through the passage of time or the giving of notice, or both, would constitute a default thereunder or would cause the acceleration of any obligation of any party thereto or the creation of a lien or encumbrance upon any asset of Seller being transferred hereunder. o. Seller is not in default under or in violation of, any applicable statute, law, ordinance, decree, order, rule, regulation of any governmental body, or in default under, or in violation of any promissory note, indenture or any evidence of indebtedness or security therefor, lease, contract, purchase, or other commitment or any other agreement to which Seller is a party or by which Seller is bound which may result in any adverse effect on the V 2.SFL.2-1-OS 8 business or condition, financial or otherwise, of Seller that has not been discussed to Buyer as a liability to be assumed by Buyer. P. There is no suit, claim, action, or proceedings now pending or threatened before any court, administrative or regulatory body, or any governmental agency, nor is Seller aware of any grounds therefor, to which Seller is a party or which may result in any judgment, order, decree, liability or other determination that will, or could have any material adverse effect upon the business or conditions, financial or otherwise, of Seller. There is a pending divorce action between Gary Hoover and the Seller, Dawn M. Shughart. The claims of Gary Hoover will be extinguished and/or waived by a Court Order or a signed Waiver. The Court Order or Waiver shall be delivered from Seller to Buyer and Seller shall diligently pursue said Court Order or Waiver of Rights. q. Set forth on Exhibit "E" hereto is a list of all insurance policies and bonds in force covering Seller and any of its properties, operation, or personnel. Also set forth on Exhibit "E" hereto is a listing of when each such policy or bond became effective and changes of coverage or premiums over the past three years. Polices thereon described evidence insurance in such amounts and against such risks and losses as are generally maintained with respect to comparable businesses and properties. No representation or warranty by Seller, or in any certificate, exhibit, schedule, or other document furnished or to'be furnished by Seller pursuant thereto, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained therein not misleading. 7. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer makes the following representations and warranties to Seller as an inducement to enter into and consummate this Agreement as contemplated herein: a. Buyer has entered into no contract that will interfere with Buyer's ability to consummate this transaction as contemplated herein. V2.SFL.2-1-05 9 b. There is no litigation, proceeding, or governmental investigation pending or, so far as is known to Buyer, threatened, against or relating to Buyer or Buyer's business or the transaction contemplated by this Agreement, nor is there any basis known to Buyer for such action. C. No representation or warranty by Buyer in this Agreement or any statement or certificate furnished or to be furnished to Seiler pursuant hereto or in connection with the transactions contemplated hereby contains or will contain any untrue statement of material fact or omits or will omit any material fact. 8. REPRESENTATIONS TO SURVIVE CLOSING. All of the representations and warranties contained herein (including all statements 'contained in any exhibit or certificate or other instrument delivered by or on behalf of Seller or Buyer pursuant to this Agreement or in connection with the transactions contemplated by it) are a material part of the consideration for the sale of the Assets and the inducement for Buyer to buy the Assets and Seller to sell the Assets and shall survive Closing. For the purposes of each representation and warranty contained herein, Seller and Buyer are materially relying upon the representations of each other. 9. INDEMNITY. Seller agrees to indemnify and hold harmless the Buyer from and against all claims, liabilities, losses, costs, damages, and expenses arising out of, or sustained by the Buyer by reason of. a. Any breach of any representation, warranty, or covenant of the Seller contained herein or in any agreement, certificate, document, schedule, or exhibit relating to or delivered pursuant hereto. The Buyer shall, subsequent to Closing, indemnify, defend, and hold Seller harmless from any and all claims, debts, demands, judgments, actions, or causes of action asserted against Seller, which accrue subsequent to Closing and which relate to Buyer's operation of the business after Closing. V2.SFL.2-1-08 10 10. CONSULTING AGREEMENT AND AGREEMENT NOT TO COMPETE. Seller and Buyer agree to enter into a Consulting Agreement containing an Agreement Not to Compete under certain terms and conditions. . 11. OPERATION PENDING CLOSING. During the period from the date hereof to the Date of Closing: a. Seller shall: (i) Conduct the Business according to the ordinary and usual course and use Seller's best efforts to maintain and preserve the organization of the Business, its employees, and relationships with suppliers, customers, and others; and (ii) Inform Buyer in writing from time to time of the development of any material matters relating to the business, including, without limitation, any adverse changes in the results of operations or financial position of the Business or any litigation, proceeding, or govemment investigation instituted or threatened against Seller relating to the Business or the occurrence of any factor that might give rise to any litigation, proceeding, or investigation as aforesaid. b. Seller shall not, without the prior written consent of Buyer: (i) Mortgage, pledge, or subject to lien, security interests, or other obligations or encumbrance any of the Assets; (ii) Sell or otherwise transfer any of the Assets other.than the sale of inventory in the ordinary course; (iii) Enter into any contract or agreement relating to the business not in the usual ordinary course or terminate or make any material change in any of such contracts; or (iv) Increase or agree to increase in any manner the compensation.of any of the employees of the Business or commit the Business to any pension, retirement, or v?.sFL.a-l-09 11 profit sharing plan or agreement,or employment agreement with or for the benefit of any employee or other person. C. Seiler shall afford to Buyer and its counsel, auditors, and authorized representatives full access to all personnel, properties, records, and documents of the Business and shall furnish such financial and other information with respect to the Business, its personnel, and property as Buyer may reasonably require. d. All revenues, profit, losses, and liabilities resulting from the ownership or operation of the Assets after the Effective Date of Closing shall accrue to and be the responsibility of Buyer. Seiler shall keep the Assets adequately insured against fire and casualty until the Date of Closing. Buyer shall show continuing evidence that the Assets are adequately insured against fire and casualty after the Date of Closing until all obligations to Buyer have been satisfied. If any part of the Assets is damaged or destroyed by fire or casualty before the Date of Closing, such Assets shall be replaced or repaired at Seller's expense. Prior to Closing, all risk of loss shall be borne by Seller; after the Date of Closing, all risk of loss shall be home by Buyer. e. Seller will, cause all property owned or leased by it to be insured against ail ordinary and insurable risks (except in respect of any leased property where the terms of the lease do not impose on lessee the obligation to maintain insurance) and will operate., maintain, and repair all its property in a careful, prudent, and efficient manner. f. Each party to this Agreement hereby covenants and agrees to furnish all information and to make all filings required by any statute or governmental regulation. 12. TRANSFER. Simultaneously with the payment on the Date of Closing as specified hereinabove, Seller shall convey by bill of sale absolute, all property described in Exhibit "A" to Buyer or by assignment or endorsement of certificates of title, as the case may be, free of all liens, encumbrances, conditions, and limitations except as described in the Assumption of.Liability Schedule. V.2.SFL.2-1-08 12 13. EXPENSES. Each of the parties to this Agreement shall pay their or its own expenses in connection with this Agreement and the transactions contemplated thereby, including the fees and expenses of counsel, certified public accountants, or other professionals. 14. CONTINGENCY. The Closing of this transaction and the transfer of the Assets of the Business of Seller is contingent upon the simultaneous execution of a Consulting Agreement between Buyer and Seller. 16. TERMINATION. This Agreement may be terminated at any time prior to Closing: a. By mutual consent of the Buyer and the Seller. In the event of a termination of this Agreement pursuant to the provisions of this paragraph 17, all escrows and other deposits by Buyer shall be immediately returned to Buyer with interest, and this Agreement shall become void and have no effect, without any liability on the part of any parry; provided, however, that if any party, hereto willfully fails to perform its obligations herein, any other party may seek any available legal or equitable remedies in addition to those provided herein. 16. DEFAULT. If either party fails to perform under this Agreement, the defaulting party shall refund any money paid to the defaulting party by the non-defaulting party, and the Agreement shall terminate and the liability of the parties shall cease; or the non-defaulting party may exercise any right it has, including bringing an action for specific performance. 17. WAIVER OF BREACH. No failure of or failure to enforce a breach of this Agreement shall constitute a waiver of any other or subsequent breach 18. CUMULATIVE REMEDIES. The remedies afforded in this Agreement are cumulative to each other and to all other remedies provided by law. 19. UNENFORCEABILITY OF ANY PROVISIONS. The unenforceability or invalidity of any provision of this Agreement shall not affect the enforceability and validity of the remainder of this Agreement, which shall continue in full force and effect. 20. NOTICE. Notice required or permitted hereunder shall be in writing and shall be delivered by hand or deposited in the United States mail addressed to the Seller, Dawn Shughart v.2.SFL.2-1-08 13 Realty LLC, at 920 Hamilton Street, Carlisle, PA with a copy to William A. Duncan, Esq. at 1 Irvine Row, Carlisle, PA, and to Buyer, Velocity Real Estate Company, LLC at 1156 Walnut Bottom Road, Carlisle, PA 17015 and a copy to George Douglas, Esq. at 26 West High Street, Carlisle, PA. 21. ASSIGNMENT. Except with the express written consent of the other party hereto, this Agreement shall not be assignable or otherwise transferred in whole or in part. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Notwithstanding the foregoing, Buyer shall have the right to have the described in Exhibit "A" and the other assets acquired hereunder conveyed to'a related third person or entity; provided, however, that any assignment shall not discharge assignor's liability or obligation to any other party to this Agreement, and all assignees must specifically acknowledge that said assignees shall assume all obligations and liabilities of this Agreement. 22. BROKERAGE. Seller and Buyer represent that there is no broker or agent involved in effecting this transaction. Seller and Buyer hereby agree to indemnify and hold each other harmless for any liability or claim for the-payment of any commission, including interest and attomeys' fees, arising from the conduct of the other party. These representations are made as part of the consideration of this transaction. This paragraph shall survive the passage of title and other conveyancing documents. 23. HEADINGS. All headings used herein are for convenience and reference only and shall not be deemed to have any substantive effect. 24. ENTIRE AGREEMENT. This Agreement herewith, and the Note, Consulting Agreement, exhibits and documents delivered pursuant hereto, constitute the entire contract between the parties hereto, pertaining to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, of. the parties; and there are no representations, warranties, or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein or therein. No supplement, modification, or waiver of this Agreement shall be binding unless executed in writing v.2.sFL.2-1-08 14 by the parties to be bound thereby. A breach of this Agreement shall be deemed to be a breach of the Purchase and Sale Agreement executed contemporaneously herewith, and vice versa. 25. FURTHEE INSTRUMENTS AND ACTIONS. Each party shall deliver any further instruments and take any further action that may be reasonably requested by the other in order to carry out the provisions and purposes of this Agreement. 26. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. SELLER'S CLOSING OBLIGATIONS. At Closing, Seller shall deliver to Buyerthe following documents: a. Assignments, Consents, Bills of Sale, Certificates of Title, the Promissory Note, and other documents or instruments of transfer and which shall contain full warranties of title as shall be effedtive to vest in Buyer all of Seller's right, title, and interest in and to all of the Assets being conveyed hereunder, free and clear of all liens, charges, encumbrances, and restrictions; except as provided in Exhibit "B"; b. All contracts, files, commitments, and rights pertaining to Seller's Business and other data relating to its operations; C. Transfer of all insurance policies, permits, license, and use rights of the Business; d. Closing Statement. 28. BUYER'',S CLOSING OBLIGATIONS. At Closing, Buyer shall deliver to Seller: a. Payment of the sums due pursuant to this Agreement; b. Execution of all agreements executed by Seller that require Buyer's agreement and execution; and c. Closing Statement. V.2.SFL.2-1-05 15 I 29. BREACH OF CONTRACT. In the event that either party breaches any provision of this agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party. 30. ARBITRATION. All claims, disputes and other matters in question arising out of, or relating to, this Agreement shall, at the option of Buyer, either be instituted in the Court of Common Pleas of Cumberland County, Pennsylvania or be referred to statutory arbitration under the Pennsylvania Uniform Arbitration Act, 42 Pa.C.S. Sections 7301 et seq. (the "Uniform Arbitration Act"). Such arbitration shall be by a panel of three arbitrators, with the Buyer and Seiler each to choose an arbitrator, and together the first two arbitrators shall choose a third arbitrator. Costs for the arbitration shall be shirred equally by the parties. The arbitration shall take place in Cumberland County, Pennsylvania. Arbitration shall occur within sixty (60) days from the date the written request for appointment of arbitrators is made by either party unless an extension is mutually agreed upon by the parties. This Agreement to arbitrate shall be specifically enforceable under the prevailing Arbitration Law. The award rendered by the arbitrators shall be final and unappealable. IN WITNESS WHEREOF, and intending to be legally bound, the undersigned have executed this Agreement as of the date first written above with an Effective Date of January 2, 2008. Witness: ti v Witness: f V 2.SFL.2-1-08 SELLER: Dawn Shughart, Realty, LLC BY: /Q%^ (41 =?S? Dawn M. Shughart, Member Dawn M. Shughart, Individually BUYER: Velocity Real Estate Company, LLC BY: Member 16 TS & PISSE 11 V :.SFL.2-1-os „ . DAWN AND ASSOCIATES REALTY ASSETS: 1) EQUIPMENT AND FURNITURE AT THE CARLISLE OFFICE - SEE ATTACHED.-g/ ?/?GU2?S??tll ?? 2) EQUIPMENT AND FURNITURE FROM THE GA.@fiE3LE OFFICE -- SEE ATTACHED. ° 3) = USE OF THE BUILD OUT AT DAWN COMMONS --$160,000. /d 77- 3) APPROX. $10 M IN LISTING ON THE BOOKS AS OF 1/1/08. 4) APPROX. $15,000 IN INCOME ON THE BOOKS FOR SETTLEMENTS IN JAN. 5) APPROX. $10,000 IN INCOME ON THE BOOKS FOR SETTLEMENT . JAN 31, 2008. 6) ALL SIGNS ON BUILDINGS AND YARD SIGNS. VALUE $5,000.00 6) GOOD WILL AND NAME RECOGNITION. $5,000. 7) ALL PAPER PRODUCTS, FORMS ETC. $2,500. 8) ALL AGENTS AND THEIR AGREEMENTS. EY,ii i'B i T 6 t3 SSCT 5 DAWN AND ASSOCIATES CARLISLE, PA. OFFICE.EQUIPIvIENT THE FOLLOWING EQUIPMENT IS LOCATED IN THE CARLISLE OFFICE: 1) ENTRY/RECEPTION AREA a) MAGAZINE RACKS b) ON DUTY SIGN c) LEATHER CHAIR & LOVE SEAT d) FIRE PLACE e) SIDE TABLE & LAMP fl PLANTS/TREES/PICTURES 2) KIDS PLAY AREA: a) PICKET FENCE b) CHALK BOARD c) TOYS d) TABLE & CHAIRS e) EASY CHAIR fl TV AND VCR 3) 8 PRIVATE OFFICES EACH WITH DESK, CHAIR & COMPUTER 4) 2-BUSINESS OFFICES EACH WITH DESK., CHAIR, COMPUTER& PRINTER 5) L- MANAGERS OFFICE 6) 2 - REST ROOMS 7) COPY AREA WITH LEASED COPIER 8) 3- CONFERENCE ROOMS EACH WITH CONFERENCE TABLES & CHAIRS EACH WITH BIG SCREEN TV & COMPUTER EACH WITH WALL DECORATIONS I ,) A 9) 3 UTILITY AREAS 10) OPEN AREA 8I DESKS, CHAIRS & MODULAR FURNATURE DECORATIONS TABLES AND CHAIRS 11) XITCEENETTE SINK, REFRIGERATOR 12) I RSC ITEMS RAPER PRODUCTS OPERATIONAL DOCUMENTS PLANTS & VACES PAPER ORGANIZERES 12 FILE CABNETS CENTRAL PHONE SYSTEM TOTAL OF 8 COMPUTERS CALCULATORS POTRABLE PRINTERS WSC ITEMS 13) EXTERIOR LISTING SIGNS THE ESTIMATED VALUE OF THE ABOVE EQUIPMENT IS $75,000. • •? ? 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