HomeMy WebLinkAbout03-6400
GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
~ No. {J3- ~ c.tuo ~
rrl v. ~
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MARK X. DISANT , AMES E.
. GRANDON, JR. and TRIPLE
(~:CROWN CORPORATION,
. Defendants
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PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COUNTY:
Please issue a writ of summons in the above-captioned action.
...lL.. Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff
/JJL/,1~3
Signature of Attorney
Supreme Court ID No. 35193
JEFFREY A. ERNICO, ESQUIRE
MICHAEL D. REED, ESQUIRE
Mette, Evans & Woodside
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
Date: /;</03
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED
AN ACTION AGAINST YOU.
Date: I J .- to -03
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( ) Check here if reverse is issued for additional information.
386938vl
GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: No. 6}- (,lfoo ~
v.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
PRAECIPE FOR LIS PENDENS
TO: PROTHONOTARY
Please index the above captioned action as a Lis Pendens against the following real
property: Lot No. I, Phase I, of "Silver Brook", a plarmed community, Hampden Township,
Cumberland County, Pennsylvania, being a portion of the improved farm land conveyed to Mark
X. DiSanto and James E. Grandon, Jr. by Grace P. Trayer, through her attorney-in-fact, William
H. Trayer, III, on June 21, 2002, and pursuant to which Mark X. DiSanto and James E. Grandon,
Jr. filed a Declaration of Covenants, Conditions and Restrictions with the Cumberland County
Recorder of Deeds on or about May 28, 2003 at Deed Book 697, Page 3319. I hereby certify that
the above-captioned action affects title to or any other interest in the above described real
property.
Respectfully submitted,
By:
METTE, EVANS & WO~DS~ /
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Jeffrey A. Ernico, Esquire
Sup. Ct. J.D. No. 07981
Michael D. Reed, Esquire
Sup. Ct. J.D. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 1711 0-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 10,2003
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the marmer indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Mark X. DiSanto
6122 Minglewood Road
Harrisburg, P A 17112
James E. Grandon, Jr.
901 Sleepy Hollow Lane
Mechanicsburg, PA 17055
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg, PA 17112
By:
METTE, EVANS & WOODSIDE
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Jeffrey A. Ernico, EsqUIre
Sup. Ct. LD. No. 07981
Michael D. Reed, Esquire
Sup. Ct. LD. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 10, 2003
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GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-6400 Civil
v.
Civil Action - Equity
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
Action for Specific Performance
NOTICE
YOU RAVE 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
PlaintitI(s). 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
RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
717-249-3166 or 800-990-9108
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SINO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA
ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166 or 800-990-9108
,
,
GRACE IRA YER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 03-6400 Civil
v.
Civil Action - Equity
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
Action for Specific Performance
COMPLAINT
And now come Plaintiffs Grace Trayer, Thomas Trayer and Linda Trayer (hereinafter
"Trayers") through their counsel, Mette, Evans & Woodside, P.C., and make this Complaint in
Equity, in support of which they aver as follows:
1. Plaintiff Grace Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Plaintiff Thomas Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Thomas
Trayer is the son of Grace Trayer.
3. Plaintiff Linda Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Linda
Trayer is the wife of Thomas Trayer.
4. Defendant Mark X. DiSanto is an adult individual residing at 6122 Minglewood
Road, Harrisburg, Dauphin County, Pennsylvania, 17112.
5. Defendant James E. Grandon, Jr. is an adult individual residing at 901 Sleepy
Hollow Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
.
,
6. Defendant Triple Crown Corporation is a corporation organized and existing
under the laws ofthe Commonwealth of Pennsylvania with offices located at 5351 Jaycee
Avenue, Harrisburg, Dauphin County, Pennsylvania, 17112.
7. Upon information and belief, Defendant DiSanto is an officer and principal of
Defendant Triple Crown Corporation.
8. At all times pertinent hereto prior to and including March 4, 2003, Plaintiff Grace
Trayer was the owner in fee simple of a certain tract of ground situated in Hampden County,
Cumberland County, Pennsylvania, known and numbered as 781 Orrs Bridge Road, comprised
of 56 acres more or less and improvements thereon, with metes and bounds more particularly
described in a legal description attached hereto as Exhibit "A" and incorporated herein by
reference as if fully set forth.
9. In and around early 2002, Defendants DiSanto and Grandon approached Plaintiff
Grace Trayer seeking to purchase the property for the purposes of creating a residential housing
development thereon.
10. Plaintiff Grace Trayer had been approached by other potential buyers ofthe
property over the years, and had previously rejected all such offers and potential offers.
11. At all times pertinent to the negotiations with Defendants DiSanto and Grandon,
Plaintiff Grace Trayer resided in a farmhouse on the property where she had lived for
approximately 57 years. Plaintiffs Thomas and Linda Trayer also resided in a mobile home on
the property.
12. As part of their inducement to Plaintiff Grace Trayer to sell the property to them,
Defendants DiSanto and Grandon promised and represented that they would have Defendant
.
.
Triple Crown Corporation build a home on the existing site of the mobile home and convey the
home to Grace Trayer, Thomas Trayer and Linda Trayer upon its completion.
13. On or about June 21, 2002 Plaintiff Grace Trayer, by her attorney-in-fact, William
H. Trayer, III entered into a real estate purchase agreement whereby Defendants DiSanto and
Grandon agreed, inter alia, to purchase the property and to construct a personal residence upon
the lot encompassing the location of the then present mobile home on the property. A true and
correct copy ofthe real estate purchase agreement is attached hereto as Exhibit "8" and
incorporated herein by reference as if fully set forth.
14. On or about March 4, 2003 Plaintiff Grace Trayer conveyed the property by a
deed in fee simple to Defendants DiSanto and Grandon. A true and correct copy of the deed is
attached hereto as Exhibit "c" and incorporated herein by reference as if fully set forth.
15. Also on March 4, 2003, the parties, through their counsel entered into a letter
agreement regarding the post-closing obligations ofthe parties. A true and correct copy of the
letter agreement is attached hereto as Exhibit "D".
16. On or about August 13, 2003 Plaintiffs Grace Trayer, Thomas Trayer and Linda
Trayer entered into an agreement with Defendant Triple Crown Corporation which was headed
"ADDENDA TO AGREEMENT OF SALE", but which in fact constituted an agreement for the
specifics of the home to be constructed on the lot known as Home Site No.1, Phase I in "Silver
Brook" in the residential plarmed community subdivision owned by Defendants DiSanto and
Grandon. A true and correct copy ofthe agreement is attached hereto as Exhibit "E" and
incorporated herein by reference as if fully set forth.
17. Also on August 13, 2003, Plaintiffs, through their attorney P. Berne Smith,
Esquire entered into a handwritten addendum which Defendant DiSanto signed on behalf of
.
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himself, Defendant Grandon and Defendant Triple Crown Corporation further specifying the
terms with respect to the house to be constructed on Lot No.1, Phase I of the Silver Brook
plarmed residential community development for the Trayers' residence. A true and correct copy
ofthe handwritten addendum is attached hereto as Exhibit "F" and incorporated herein by
reference as if fully set forth.
18. In reliance upon the promises and agreements of Defendants, the Trayers left their
respective residences in the farmhouse and the mobile home and moved to their present
residence of 507 Rittenhouse Square in Silver Spring Township to await the completion of
construction of their residence at Lot 1, Phase I in the Silver Brook development.
19. On several occasions, the Trayers have been promised by Defendants that the
agreed upon home will be completed and ready for their occupancy by a date certain; however,
in each instance Defendants have failed to complete construction and provide the home ready for
occupancy by the Trayers.
20. On November 17, 2003, Defendants DiSanto and Grandon forwarded a letter on
the letterhead of Defendant Triple Crown Corporation to Plaintiff Grace Trayer making a false
accusation regarding an alleged attack on Grace Trayer by her granddaughter and stating that
they would not permit the Trayers to occupy the home which was then nearing completion. A
true and correct copy of the letter of November 17, 2003 is attached hereto as Exhibit "G".
21. In response to the letter of November 17, 2003, the Trayers, through their counsel
have advised Defendants that they are not willing to surrender the home which they were
promised under the relevant agreements and that they are prepared to go to closing and fulfill all
conditions of the agreements properly in force in return for which they expect Defendants to
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perform their obligations under the agreements and provide the finished house for occupancy at
Lot 1, Phase I of the Silver Brook development.
22. On December 19,2003, counsel for Defendants advised counsel for Plaintiffs that
the home located at Lot 1, Phase I of the Silver Brook development had been completed and was
ready for occupancy by the Trayers if they would agreed to accept four additional conditions
which had not appeared in any prior agreements, namely:
I. A $20,000.00 escrow to be funded by my clients for five years, as to which your
clients would have the discretion to enter on the property and perform
maintenance as required to keep the home and property to the standards expected
in the development and backcharge the escrow fund for the cost of any such
maintenance;
2. A $5,000.00 forfeiture to apply if my clients enter the model home in the
development or the property on which it is located;
3. A $5,000.0 forfeiture to apply ifmy clients violate any covenants applicable to
the Silver Brook Community; and
4. A $5,000.00 forfeiture to apply if my clients defame your clients, with proofto be
by notarized affidavit.
23. By letter dated December 19, 2003 and delivered by fax transmission, counsel for
the Trayers advised counsel for Defendants that the Trayers were not willing to accept the
additional conditions but were ready, willing and able to go to closing on the transaction and to
occupy the home at Lot I, Phase I ofthe Silver Brook development. A true and correct copy of
the letter of Plaintiffs' counsel to Defendants' counsel is attached hereto as Exhibit "H" and is
incorporated herein by reference as if fully set forth.
24. Notwithstanding the demand of the Trayers, through their counsel, that
Defendants respond by affirming their willingness to perform their contractual obligations and
provide access to the home at Lot 1, Phase I of the Silver Brook development to the Trayers for
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occupancy, Defendants have failed and refused to provide access to the residency for occupancy
by the Trayers and have failed and refused to schedule a real estate closing for that purpose.
COUNT I - SPECIFIC PERFORMANCE
25. The averments contained in paragraphs I through 24 are incorporated herein by
reference as if fully set forth.
26. The home at Lot 1, Phase I of the Silver Brook development has unique and
irreplaceable value to the Trayers since it will allow them to reside on property which has been
owned and occupied by their family for approximately 57 years.
27. Defendants' letter of November 17, 2003 created an anticipatory breach oftheir
contractual agreement to provide the home at Lot 1, Phase I ofthe Silver Brook development to
the Trayers pursuant to the agreements between the parties.
28. Defendants' continuing refusal to provide the home located at Lot 1, Phase I in
the Silver Brook development to the Trayers constitutes an ongoing breach oftheir obligations
under the various agreements between the parties.
29. The Trayers have no adequate remedy at law to compensate them for the loss of
the home in which they expected to reside.
30. Plaintiffs have complied with all conditions under the various agreements and are
ready, willing and able to proceed to closing on the home and to make the required final payment
of $16,000.00 at settlement to Defendant Triple Crown Corporation, but have not yet tendered
such payment in light of Defendants' anticipatory breaches of contract and refusal to provide the
home for occupancy by the Trayers or to schedule a closing for that purpose.
31. If so directed by this Court, Plaintiffs are ready, willing and able to pay the sum of
$16,000.00 into escrow with the Court or otherwise to verify their willingness and ability to
complete the closing on the transaction.
32. All conditions precedent to Defendants' obligation to provide the home at Lot 1,
Phase I of the Silver Brook development to Plaintiffs have been satisfied.
WHEREFORE, Plaintiffs Grace Trayer, Thomas Trayer and Linda Trayer respectfully
request this Court to enter an order granting them specific performance oftheir agreements with
Defendants and requiring Defendants to provide access to the home constructed at Lot 1, Phase I
of the Silver Brook development to the Trayers for occupancy along with an appropriate deed of
conveyance for the home and the lot on which it is located and Plaintiffs further request the costs
of this action and such other relief as this Court may deem just and appropriate.
Respectfully submitted,
By:
;;;~~
Jeffrey A. Ernico, Esquire
Sup. Ct. J.D. No. 07981
Michael D. Reed, Esquire
Sup. Ct. J.D. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 1711 0-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 26, 2003
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REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is entered
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into this 1-1 day of J/.A./V<! , 2002 by and between GRACE P.
TRAYER, widow, by her attorney-in-fact, WILLIAM H. TRAYER, III
("Seller"); and MARK X. DiSANTO and JAMES GRANDON, JR., as tenants
in common, or assigns ("Buyer").
WITNESSETH:
WHEREAS, at all times material to this Agreement, Seller is
the owner of property known and numbered as 781 Orrs Bridge Road,
Mechanicsburg, Cumberland County, Pennsylvania, comprised of fifty-
six (56) acres more or less and improvements located in Hampden
Township, Cumberland County, Pennsylvania, being more particularly
described on Exhibit "A" attached hereto and by reference made a
part hereof ("Real Property"); and
WHEREAS, at all times material to this Agreement, Seller was
and is the owner of all personal property (except that of Thomas N.
and Linda J. Trayer described herein) located in, on or within the
Real Property (" Personal Property"); and
WHEREAS, the Seller wishes to sell and the Buyer wishes to
purchase the Property (as hereinafter defined) subject to the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises
between the parties and for good and valuable consideration, the
parties, intending to be legally bound hereby, covenant and agree
as follows:
.
1. THE PROPERTY. Seller agrees to sell and Buyer agrees to
purchase from Seller, upon the price, terms and conditions
hereinafter provided, the Real Property described in Exhibit "A"
and all improvements thereon and all easements, rights and
privileges appurtenant thereto,
and the Personal Property,
hereinafter collectively called the "Property".
2 .
PURCHASE PRICE FOR THE PROPERTY.
The total purchase
price for the Property shall be One Million Two Hundred Thousand
Dollars ($1,200,000.00). The purchase price is payable as follows:
(a) Deposit to be placed in Escrow,
payable to Seller at Closing. ...... $ 10,000.00
(b) Cash to Seller at Closing
(adjusted pursuant to
Paragraph 2.3 herein) .............. 1,190,000.00
TOTAL .............................. $1, 200, 000 . 00
Disposition and/or description of the components of the
payment of the purchase price are as follows:
2.1 Deposit. The Deposit shall be held by Secured
Land Transfers, Inc., of 5006 East Trindle Road,
Suite 203, Mechanicsburg, PA 17055 ("Escrow Agent"), in
an interest-bearing account and disbursed in accordance
with the terms and conditions of this Agreement.
Interest shall accrue to the benefit of Buyer.
2.2 Cash to Seller at Settlement. Cash to Seller
at Closing (adjusted in accordance with Paragraph 2.3
herein) shall be paid by certified funds or by title
insurance company escrow check.
2
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2.3 Ad"iustment to Purchase Price. At Closing,
hereinafter defined, the purchase price shall be
decreased by Two Hundred Thousand Dollars ($200,000.00)
for Buyer to comply with its post-Closing obligation
specified in Paragraph 17(a).
3. SELLER'S COVENANTS. REPRESENTATIONS AND WARRANTIES. The
covenants, warranties and representations contained in this
paragraph will be effective on the date hereof and at Closing. The
covenants, representations and warranties are deemed material,
continuing and an inducement to Buyer to enter into and consummate
the transaction contemplated by this Agreement. Seller covenants,
warrants and represents to Buyer that:
(a) Seller is the sole holder of fee simple title
to the Property, and at Closing Seller shall convey to
Buyer fee simple title to such Property by deed of
special warranty subject to the terms and conditions of
this Agreement.
(b) The Property is not leased to any third party.
(c) No litigation is pending or, to Seller's
knowledge, proposed, threatened or anticipated with
respect to the Seller or with respect to any other matter
affecting the Property.
(d) Title to the Property is good and marketable
such as will be insured by a title insurance company at
regular rates.
(e) There are no agreements affecting the Property
entered into by Seller or any agent of Seller and any
3
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third party which would be binding upon Buyer after
Closing.
(f) Prior to Closing, Seller will not do anything
to diminish the value of the Property. Seller shall
remove all junk cars, trash and barrels from the
Property. If and in the event Seller does not remove all
junk cars, trash and barrels prior to Closing, the
purchase price shall be reduced by such amount as may be
required for removal ("Cost of Removal"). Seller may,
either before Closing or after Closing, remove such other
items of Personal Property as Seller may select.
(g) The person executing this Agreement on behalf
of Seller is authorized to do so.
(h) Upon execution by Seller or Seller I s agent,
this Agreement represents a valid and enforceable
obligation of Seller.
(i) The Property and Seller's use of the Property
has not been and is not now in any known violation of any
applicable federal, state or local statute, law or
regulation, including any and all federal, state or local
environmental laws, and no notice from any governmental
body has been served upon Seller claiming any violation
of any law, ordinance, code or regulation, or requiring
or calling attention to the need for any work, repairs,
construction, alterations or installation on or in
connection with the Property in order to comply with any
laws, ordinances, codes or regulations with which Seller
4
.
. .
has not complied, including any laws, ordinances, codes
or regulations requiring environmental remediation of
pesticide infiltration, asbestos-containing material
exposure, electrical transformer or equipment containing
PCB removal and/or storage tank removal. If there are
any such notices with which Seller has complied, Seller
shall provide Buyer with copies thereof.
(j) Seller is not aware of any facts which prohibit
Seller from closing this Agreement in accordance with the
terms hereof.
(k) The execution and delivery of this Agreement
and consummation of the transaction contemplated hereby
will not result in any breach of the terms or conditions
of, or constitute a default under, any instrument or
obligation to which Seller is or may become a party or by
which Seller may be bound or affected, or violate any
order, writ, injunction or decree of any court in any
litigation to which Seller is a party, or violate any
law.
(1) Seller has dealt with no realtor involved in
the transaction contemplated by this Agreement to whom a
commission may be owing.
(m) Seller shall not show, offer for sale, contract
to sell or enter into any verbal or written agreement for
the sale of the Property or any portion of the Property
to any other third party during the Feasibility Period,
hereinafter defined.
5
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4. BUYER'S COVENANTS. REPRESENTATIONS AND WARRANTIES. The
covenants, warranties and representations contained in this
Paragraph 4 will be effective on the date hereof and at Closing.
Buyer covenants, warrants and represents to Seller that:
(a) Mark X. DiSanto and James Grandon, Jr. are
adult individuals and have full right, capacity, power
and authority to enter into, execute and consummate this
Agreement and any agreements or instruments contemplated
herein and to take any and all actions necessary to carry
out and perform their obligations hereunder.
(b) Each person executing this Agreement on behalf
of Buyer is authorized to do so.
(c) Upon execution by Buyer, this Agreement
represents a valid and enforceable obligation of Buyer.
(d) The making of this Agreement and the
consummation of the transaction contemplated hereby does
not and will not conflict with or result in a breach of
any provision of or constitute a default under any
material agreement, instrument, award, judgment, order or
decree to which Buyer is a party or by which Buyer is
bound.
(e) No covenant, representation or warranty of
Buyer contained in this Agreement, or any document or
certificate delivered to Seller pursuant to this
Agreement, contains or will contain any untrue statement
of material fact or fails or will fail when delivered to
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state a material fact necessary in order to make the
statements herein or therein contained not misleading.
(f) Buyer discloses that Mark X. DiSanto and James
Grandon, Jr. are licensed real estate brokers dealing in
the within transaction for their own respective accounts.
5. CASUALTY, CONDEMNATION.
(a) Risk of Loss, Notice. Prior to Closing and the
delivery of possession of the Property to Buyer in
accordance with this Agreement, the risk of loss to the
Property by casualty, condemnation or otherwise shall be
borne by Seller. In the event that (i) any loss or
damage to the Property shall occur prior to the Closing
Date as a result of fire or other casualty, or
(ii) Seller receives notice that a governmental authority
has initiated or threatened to initiate a condemnation
proceeding affecting the Property, Seller shall give
Buyer immediate written notice of such loss, damage or
condemnation proceeding.
(b) Termination Riohts. If, prior to Closing and
the delivery of possession of the Property to Buyer in
accordance with this Agreement, (i) any condemnation
proceeding shall be pending against a substantial portion
of the Property, or (ii) there is any substantial
casualty loss or damage to the Property, Buyer shall have
the option to terminate this Agreement by providing to
Seller written notice of its election so to terminate
this Agreement within ten (10) days after notice of any
7
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such loss, damage or condemnation as provided above, and,
in such event, the Deposit shall be delivered to Buyer
and thereafter no party shall have any further obligation
or liability to the other under this Agreement except as
otherwise specifically set forth herein. In the context
of condemnation, "substantial" shall mean condemnation of
such portion of the Property as could render use of the
remainder impractical or unfeasible for the uses herein
contemplated, and, in the context of casualty loss or
damage, n substantial" shall mean a loss or damage in
excess of $500,000.00 in value. If Buyer elects to
proceed, at Closing, Buyer shall be entitled to receive
an assignment of any applicable insurance proceeds or
condemnation awards other than any insurance proceeds
that might be paid for personal property loss by Seller.
6. SELLER'S OBLIGATIONS BEFORE OR AT CLOSING.
(a) Seller shall permit Buyer, its agents,
representatives or employees, to enter the Property
at any reasonable time and location, from time to time,
upon twenty-four (24) hours' prior notice, to make such
preliminary inspections, test borings, surveys and
like developmental undertakings, including but not
limited to environmental audit inspections, all as may
be reasonably necessary to permit the design of or
plans for any improvements to be made by Buyer on the
Property in furtherance of the proj ect, hereinafter
defined, or in compliance with the provisions of
8
Paragraph 15 (DUE DILIGENCE) herein. If the transaction
contemplated by this Agreement does not close, Buyer
shall restore the Property to the condition it was in
prior to any such actions of Buyer. Other than as
described herein at Paragraphs 17 and 18 with respect to
Seller's present house and with respect to the Trayer
house trailer, possession of the Property shall be given
at Closing.
(b) All representations and warranties of Seller
set forth in this Agreement, and in written statements
delivered to Buyer by Seller under this Agreement, will
be as true and correct on the date of Closing as if they
had been made on that date.
(c) If not previously delivered to Buyer, within
three (3) business days of Buyer's receipt of a fully
executed copy of this Agreement, Seller shall deliver to
Buyer, if in Seller's possession, at no cost to Buyer,
such information, reports and documentation relating to
the Property as may be reasonably requested by Buyer,
including but not limited to the oriqinal survey prepared
by Michael C. D'Angelo, P.L.S. dated September 15, 1989.
(d) At Closing, in addition to such documents as
may be reasonably required to conclude the transaction
contemplated by this Agreement, Seller shall execute and
deliver to Buyer a special warranty deed.
9
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7. TITLE CONDITIONS.
(a) Title to the Property shall be free and clear
of all liens, encumbrances, easements, restrictions and
objections, except state legislative acts and local
ordinances, and such easements, restrictions, easements
for abutting streets and privileges of rights of or for
utilities as do not interfere with the use of the
Property for the purposes as presently used and for
Buyer's intended use of the Property, all as determined
in Buyer's sole discretion.
(b) Excepting only as set forth above, title to the
Property shall be in fee simple, good and marketable and
insurable as such at regular rates by any title insurance
company licensed to write title insurance in the
Commonwealth of Pennsylvania selected by Buyer.
(c) In the event Buyer's title insurance company is
unable to insure the adequacy of the legal description of
the Property without a survey, upon written notice of
Buyer to Seller, Buyer shall prepare or have prepared, at
Buyer's sole cost and expense, a survey of the Property.
(d) In the event title in accordance with this
Agreement cannot be conveyed by Seller, Buyer shall have
the option of taking such title as Seller can give,
without abatement of price except as to monetary lien or
liens, or, in the alternative, of terminating this
Agreement, whereupon neither party shall have any further
rights, duties or obligations under this Agreement.
10
Seller shall discharge all monetary liens against the
Property on or before Closing hereunder.
(e) The Property as described herein shall be
conveyed by Seller to Buyer by good and sufficient
special warranty deed in form satisfactory to Buyer and
Buyer's legal counsel.
S. BUYER'S CONDITION PRECEDENT. Buyer's obligat ion to
perform the terms and conditions set forth in this Agreement and
conclude the transaction contemplated by this Agreement is
specifically contingent upon Buyer's determination, in its sole and
absolute discretion, that the Project, hereinafter defined, is
feasible for construction and development on the Property.
For purposes of this paragraph, "Project" shall mean receipt
by Buyer of all local, state and federal permits and approvals,
valid beyond any applicable appeal period, sewer authority approval
and adequate sewer capacity for the lawful and permitted
development and construction of approximately ninety-seven (97)
residential units, including the Traver Lot and Residence,
hereinafter defined, as a permitted use on the Property as it is
currently zoned in accordance with the Zoning Ordinance of Hampden
Township. Buyer promises that it will be diligently pursue
obtaining all approvals and clearances covered by this paragraph.
9. CLOSING. Unless this Agreement is terminated as herein
or hereinafter provided, Closing under the terms and conditions of
this Agreement shall occur within thirty (30) days of Buyer's
obtaining all approvals and permits for completion of the Project;
provided, however, subject to Buyer's obtaining all such approvals
11
and permits for development and construction of the proj ect,
Closing shall occur on or before July 31, 2003; provided, however,
so long as Buyer is diligently pursuing all permits and approvals
for development and construction of the Project, Buyer, at its sole
option, may extend the Closing for an additional one hundred twenty
(120) days from July 31, 2003 ("Closing Extension"); provided,
further, however, that Buyer shall deposit an additional Ten
Thousand Dollars ($10,000.00) with the Escrow Agent in
consideration of the exercise of the Closing Extension.
10. COSTS. Seller and Buyer shall each pay one-half (~) of
any realty transfer tax or equivalent tax. Buyer shall pay for any
recording charges associated with the new deed and such other
charges normally assessed against Buyer as are customary in
Cumberland County real estate transactions. Each of the parties
shall be responsible for and shall pay all of their own expenses
incurred in connection with this Agreement and the transaction
contemplated hereby, including, without limitation, all legal fees
and other expenses incident to the negotiation and preparation of
this Agreement. Seller represents and warrants to Buyer that
Seller has entered into no written or other agreements with respect
to any brokers or agents which would give rise to a claim for any
commissions with respect to the transaction contemplated by this
Agreement and agrees to indemnify and hold harmless Buyer with
regard to any fees, commissions or other compensation claimed by
any broker in connection with Buyer's purchase of the Property.
Buyer represents and warrants to Seller that Buyer has entered into
no written or other agreements with respect to any brokers or
12
agents which would give rise to a claim for any commissions with
respect to the transaction contemplated by this Agreement and
agrees to indemnify and hold harmless Seller with regard to any
fee~, commissions or other compensation claimed by any broker in
connection with Seller's sale of the Property. Seller shall bear
sole responsibility for the payment of, and shall pay at Closing,
any and all "rollback" taxes with respect to the Property and
arising by virtue of the enrollment of the Seller's real estate in
the "Clean and Green" Program.
11. PRORATION. Buyer and Seller, by charge or credit against
the purchase price, shall prorate the following to Closing with all
charges accruing up to and including the date of Closing being
charged to Seller:
(a) All current and non-delinquent real property
taxes covering the Property for the current tax year
apportioned on a fiscal-year basis as if paid at the
discount rate, with the exception of any "rollback" taxes
which shall be Seller's sole responsibility.
(b) Current municipally supplied service charges.
(c) Utilities, to the extent utilities cannot be
terminated and charged to Seller as of Closing and
service commenced and charged to Buyer from and after
Closing. All security deposits of Seller for utilities,
if any, shall be refunded directly to Seller by the
holders thereof. Buyer, as of the Closing, shall make
its own arrangements for the uninterrupted provision of
essential or desired utility services.
13
12. ASSIGNMENT. This Agreement and all interests of Buyer
herein are not assignable by Buyer without permission or consent of
Seller, which permission or consent will not unreasonably be
withheld.
13. DEFAULT BY SELLER. If Seller defaults in the performance
of the terms of this Agreement, the Deposit shall be returned to
Buyer and Buyer may, at its option, exercise such remedies as it
may have against Seller either at law or in equity, including the
remedy of specific performance.
14. DEFAULT BY BUYER. If Buyer defaults in the performance
of the terms of this Agreement other than on the basis of
Paragraph 8 (BUYER'S CONDITION PRECEDENT) herein, the Deposit shall
be retained by Seller as Seller's sole and exclusive remedy.
15. DUE DILIGENCE. Buyer shall have until 5:00 p.m. on
August 30, 2002 (" Feasibility Period") to conduct due diligence
investigations and analyses of the Property and all information
pertaining to the Property. Buyer, in its sole discretion, shall
have the right to extend the Feasibility Period for an additional
sixty (60) days by providing written notice thereof to Seller prior
to the expiration of the Feasibility Period ("Extended Feasibility
Period"). Buyer shall have the right to enter upon the Property to
investigate all aspects of the Property, to include but be not
limited to title matters, zoning, subdivision and use restrictions,
environmental matters, engineering and structural matters, land use
and feasibility studies, utilities availability studies, drainage,
access, sewer and such other investigations as Buyer, in its sole
14
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discretion, may desire to determine the feasibility of acquiring,
developing and constructing the Project on the Property.
Any entry by Buyer, or Buyer's agents, contractors or
employees, onto the Property shall be subject to the following
conditions:
(a) Each such entry shall be at Buyer's sole cost
and expense;
(b) Such entry shall not constitute a taking of
possession by Buyer;
(c) Buyer shall return the Property and each test
location thereon, if any, to its original condition;
(d) Neither Buyer nor any of its agents or
contractors shall suffer or cause any liens or
encumbrances against the Property arising from such
activities; and
(e) Buyer agrees to indemnify and hold harmless
Seller from any damages or liability to persons or
property that might arise from its entering upon the
Property or performing tests on the Property.
If Buyer, in is sole discretion, determines that it does not
desire to acquire the Property, with or without reason, and
notifies Seller and/or Escrow Agent on or before the last day of
the Feasibility Period of its election to terminate this Agreement,
the Deposit shall be returned to Buyer, this Agreement shall
thereupon become void, and there shall be no further obligation or
liability on the part of either of the parties hereto one to the
other. For purposes of this paragraph, the escrow of the Deposit
15
during the Feasibility Period shall be a "sole order" escrow for
the benefit of Buyer (meaning that the holder of the Deposit, the
Escrow Agent, shall act solely in accordance with the instructions
of Buyer until the expiration of the Feasibility Period). Without
limiting the generality of the foregoing, in the event that, on or
prior to the expiration of the Feasibility Period, Buyer delivers
notice to either Seller or Escrow Agent stating that Buyer has
elected to terminate this Agreement pursuant to this paragraph,
then Escrow Agent shall refund to Buyer the Deposit without any
requirement that Escrow Agent first notify or obtain any approval
or consent of Seller. In furtherance of the foregoing, in the
event Buyer so instructs Escrow Agent on or prior to such date and
time, Escrow Agent agrees that it shall not be permitted to, and
shall not, follow any conflicting instructions given by Seller or
any third party as to the disposition of the Deposit but shall,
instead, follow only the instructions of Buyer in connection
therewith. Seller agrees in such instance not to deliver any
conflicting instructions to Escrow Agent for any reason and hereby
instructs the Escrow Agent to act in respect of the Deposit solely
in accordance with Buyer's instructions on or prior to such date
and time, including instructions of Buyer to return the Deposit to
Buyer. If Buyer does not so terminate this Agreement pursuant to
the provisions of this paragraph, then Buyer acknowledges and
agrees that, at the end of the Feasibility Period, the Deposit
shall become nonrefundable (except as otherwise specifically
provided herein), but shall be applicable to the purchase price.
16
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16. TAX DISPUTES. Seller shall notify Buyer of any new tax
assessment or assessments regarding the Property. Seller shall
notify Buyer of any tax assessment disputes (pending or threatened)
prior to Closing and shall not agree to any change in the real
estate tax assessment, and shall not settle, withdraw or otherwise
compromise any pending claims with respect to prior tax assessments
without Buyer's prior written consent. Seller and Buyer agree
that, from and after the execution and delivery of this Agreement,
Buyer shall have the right to appeal the current or any proposed
tax assessment of each tax parcel comprising the Property. Buyer
shall consult with Seller prior to filing tax appeal documents and
shall afford Seller reasonable advance notice prior to any public
hearings or proceedings at which said appeal will be considered.
Seller agrees that Buyer may file such appeals in its name or in
Seller's name, as may be required, and Seller shall cooperate with
Buyer in the prosecution of such appeal.
17. PRE-CLOSING AND POST-CLOSING OBLIGATIONS OF SELLER AND
BUYER REGARDING TRAYER REPLACEMENT RESIDENCE. Seller and Buyer
shall execute at Closing such documents as may be reasonably
required to confirm the following pre-Closing and post-Closing
alternative obligations regarding replacement of the Grace P.
Trayer residence located on the Property:
(a) Traver Lot and Residence. Within sixty (60)
days prior to Closing, Seller shall select one (1) lot of
approximately one (1) acre in size, which lot shall
encompass the location of the present Trayer House
Trailer and the well which is located near the Trayer
House Trailer (the Trayer Lot). Within thirty (30) days
17
. .
prior to Closing, Seller shall select a house and floor
plan for the Residence from among the prototype plans
which Buyer builds for its purchasers. Buyer agrees to
construct a personal residence for Seller upon the Trayer
Lot, which construction and basic landscaping shall be
completed within one hundred eighty (180) days of
Closing. The cost of the Trayer Lot shall include all
associated land cost, site costs such as engineering,
interest, supervision and overhead and corporate general
and administrative expenses prorated on the basis of the
total costs of Phase I of the proj ect with the total
number of lots wi thin Phase I of the proj ect . The
residence shall be constructed at Buyer's cost, which
cost shall include labor, materials, supervision and
overhead and corporate general and administrative
expenses. The actual cost of the residence and Trayer
Lot shall not exceed Two Hundred Thousand Dollars
($200,000.00); provided, however, if and in the event the
cost of the residence and Trayer Lot exceeds the amount
specified herein calculated in accordance with the
provisions hereof, Seller shall pay to Buyer, upon
demand, but, in any event, prior to the issuance of a
certificate of occupancy for the Trayer Lot and
Residence, the amount of such overage; provided, further,
however, if and in the event the cost of the residence
and Trayer Lot is less than the amount specified herein
calculated in accordance with the provisions hereof,
Buyer shall refund such amount to Seller upon demand.
18
"
The landscaping shall be to the same extent as Buyer
would provide for any other residence built or to be
built by it in the Project. Upon completion of the
improvements erected or to be erected upon the Trayer Lot
and payment, if any, by Seller to Buyer of any cost
overage, Buyer shall deliver fee simple title to the
Trayer Lot and Residence to Seller by deed of special
warranty. Title to the Trayer Lot and Residence shall be
free and clear of all liens, encumbrances, easements,
restrictions and objections, except state legislative
acts and local ordinances and such easements,
restrictions, easements for abutting streets and
privileges of rights of or for utilities as do not
interfere with the use of the Trayer Lot and Residence
for Seller's intended use. Excepting only as set forth
above, title to the Trayer Lot and Residence shall be in
fee simple, good and marketable and insurable as such at
regular rates by any title insurance company licensed to
write title insurance in the Commonwealth of Pennsylvania
selected by Seller. At the time of conveyance of the
Trayer Lot and Residence, realty transfer taxes shall be
divided equally by and between Seller and Buyer and
Seller and Buyer shall pay such other closing costs as
may be customary in residential real estate transactions
in Cumberland County; or
(b) Alternate Residence. If and in the event
Seller chooses not to remain in the Project and elects to
move outside of the Project ("Alternate Residence"),
19
, .
Buyer shall pay to Seller the lesser of (1) the purchase
price of the alternate residence, or (2) Two Hundred
Thousand Dollars ($200,000.00) conditioned upon the
happening of the following events:
(i) Seller provides Buyer with a fully
executed agreement for the Alternate Residence
("Alternate Residence Agreement") within
thirty (30) days of the date of Closing;
(ii) The Alternate Residence Agreement
provides for closing on or before the
expiration of one hundred eighty (180) days
after Closing on the transaction contemplated
by this Agreement; and
(iii) Closing upon the transaction
contemplated by this Agreement is completed.
The provisions of this paragraph shall survive Closing.
18. POST-CLOSING OBLIGATIONS OF BUYER AND THIRD PARTIES.
Buyer and any affected third party shall execute at Closing such
documents as may be reasonably required to confirm the following
post-closing obligations:
(a) Traver House Trailer. Seller and Buyer
acknowledge that there is a house trailer located on the
Property which belongs to Thomas and Linda Trayer
("Trayer") and is currently occupied by them. Trayer
shall be permitted to continue to occupy the house
trailer after Closing, pending issuance of the occupancy
certificate or equivalent certificate for Seller's
residence pursuant to Paragraph 17(a) (The Trayer Lot and
20
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'.
Residence herein), or closing by Seller pursuant to
Paragraph 17 (b) (The Alternate Residence herein). Trayer
does NOT wish to keep the house trailer and shall vacate
the house trailer within fifteen (15) days after issuance
of the occupancy certificate or closing on the Trayer Lot
and Residence or The Alternate Residence referenced
above. Buyer will be responsible for disposing of the
house trailer at Seller's expense which, upon disposal,
Seller shall pay to Buyer upon demand. Buyer and Seller
shall cooperate one with the other to determine the most
economical and feasible manner to dispose of the house
trailer.
The provisions of this paragraph shall survive Closing.
19. MISCELLANEOUS PROVISIONS.
(a) Exhibits and Schedules. The exhibits to this
Agreement shall be deemed to be incorporated herein by
reference and made a part hereof as if set out in full
herein.
(b) Headinos. The headings contained in this
Agreement are included for purposes of convenience only
and shall not be considered a part of this Agreement in
construing or interpreting any provision hereof.
(c) Entire Aoreement. This Agreement and the
exhibits and documents delivered pursuant hereto
constitute the entire agreement between the parties
hereto, pertaining to the subject matter hereof, and
supersede all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether
21
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,
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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. No supplement,
modification or waiver of this Agreement shall be binding
unless executed in writing by the parties to be bound
hereby.
(d) Notices.
All notices, requests, demands and
other communications required or permitted to be given or
made under this Agreement shall be in writing and shall
be deemed to have been given on the date of delivery
personally or of deposit in the United States mail,
postage prepaid, by registered or certified mail, return
receipt requested, or by facsimile transmission deemed to
have been given on the date of transmission, addressed as
follows or to such other person or address as either
party shall designate.
To Seller: William H. Trayer, III, Attorney-in-
Fact for Grace P. Trayer, widow
1717 Warren Street
New Cumberland, PA 17070
With copy to: S. Berne Smith, Esquire
107 North 24th Street
Camp Hill, PA 17011
Fax No. (717) 737-6783
To Buyer: Mark X. DiSanto
5351 Jaycee Avenue
Harrisburg, PA 17112
Fax No. (717) 657-8125
James Grandon, Jr.
Jack Gaughen Realtors
3899 Market Street
Camp Hill, PA 17011
Fax No. (717) 761-0824
22
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"
, .
With copy to: F. R. Martsolf, Esquire
Serratelli, Schiffman, Brown &
Calhoon, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Fax No. (717) 540-5481
(e) Governinq Law.
This Agreement shall be
interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
(f) Survival of Provisions. The provisions of this
Agreement shall survive the Closing.
(g) Counterparts. This Agreement may be executed
by the parties in counterparts, all of which shall be
deemed to constitute one agreement.
(h) Severabilitv of Provisions. If any provision
of this Agreement or the application thereof to any
person or circumstances shall to any extent be held in
any proceeding to be invalid or unenforceable, the
remainder of this Agreement, or the application of such
provision to persons or circumstances other than those to
which it was held to be invalid or unenforceable, shall
not be affected thereby, and shall be valid and be
enforceable to the fullest extent permitted by law, but
only if and to the extent such enforcement would not
materially and adversely frustrate the parties' essential
objectives as expressed herein.
(i) Cooperation.
Buyer and Seller shall execute
all such documents and instruments as may be reasonably
required in order to consummate the purchase and sale
herein contemplated and shall use best efforts to
23
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, .
accomplish the Closing of the transaction contemplated
herein in accordance with the terms and conditions of
this Agreement.
(j) Recordation.
Buyer, at its discretion, may
record this Agreement or memorandum thereof in the Office
of the Recorder of Deeds in and for Cumberland County.
Seller shall execute such documents as Buyer may
reasonably require to accomplish recordation. Provided,
however, that, if this Agreement is abrogated for any
reason whatsoever, Buyer shall, within thirty (30) days
of the abrogation, record in the Office of the Recorder
of Deeds in and for Cumberland County a further
memorandum, referencing this Agreement, if recorded, and
stating that the Agreement has been abrogated and is no
longer in effect.
IN WITNESS WHEREOF, intending to be legally bound hereby, the
parties hereto have executed this Agreement the day and year first
above written.
WITNESS:
/!/J,
..
~
WITNESS:
.......
SELLER:
By
William H. Tray
in-Fact for Grace
, III, Attorney-
P. Trayer, widow
BUYER:
lftlaJ x'~Mi
Mark X. DiSan 0
<C
Grandon,
24
"l'J I...
, .
CONSENT
The undersigned, by its duly authorized officer, in its
capacity as Escrow Agent, hereby consents to the terms and
conditions of this Agreement.
By
CONSENT
The undersigned, adult individuals, hereby consent to the
terms and conditions of this Agreement.
WITNESS
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DEED
TillS INDENTURE made this ~./ day of March, 2003,
BETWEEN Grace P. Trayer, a widow, (hereinafter referred to as Grantor), AND
Mark X. DiSanto and James Grandon, Jr., in their individual capacities, as Tenants in Common,
(hereinafter referred to as Grantees),
WITNESSETH that in consideration of One and 00/100 ($1.00) Dollar lawful money of
the United States of America in hand paid by the said Grantees, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and
convey to the said Grantees, their heirs and assigns, as Tenants in Common:
All that certain lot or tract of ground situate in Hampden Township, Cumberland County, P A,
more particularly bounded and described as follows, to wit:
Beginning at a PK nail on the centerline ofOrr's Bridge Road at lands NIF of Paul Gill, DB 51, Pg
51; thence along said centerline S29-04-39E 62.00 feet to a PK nail at lands NIF of Michael J.
Eckert, DB 250, Pg 3476; thence along said lands and lands NIF of Michael E. Stoner, DB 27-D-90,
S83-27-21 W 520.06 feet to a pin; thence along said lands of Stoner S26-42-29E 459.65 feet to a pin
at lands NIF ofVerlin and Barbara Curtis, DB 31-N-707; thence along said lands of Curtis SI4-57-
29E 209.00 feet to a pin at lands NIF of Hampden Township Sewer Authority, DB 29-H-193; thence
along said lands of the sewer authority N74-27-29W 363.80 feet to a pin; thence along the same
N88-12-29W 157.50 feet to a pin; thence along the same and along lands NIF of Steven J. Sebastian,
DB 132, Pg 814, S80-52-47W 405.93 feet to a pin; thence along said lands of Sebastian N08-15-
32W 69.28 feet to a pin; thence along the same S79-29-01 W 243.76 feet to a pipe at lands NIF of
Manuel McDilda, DB 33-0-213; thence along said lands of McDilda S79-08-42W 199.83 feet to a
pipe; thence along the same S08-37-10E 107.86 feet to a pin; thence along the same and along lands
NIF of Cory Eisenhower, DB 31-B-I13, S75-00-55W 263.04 feet to a pin; thence along said lands
of Eisenhower S50-27-53W 46.57 feet to a pin; thence along the same N62-07-07W 157.60 feet to
a pipe; thence along the same and along lands NIF of James Grandon, DB 34- T -346, and through
Sears Run and through an existing sanitary sewer S33-07-53W 168.00 feet to a point; thence along
said lands of Grandon N21-27-29W 571.00 feet to a point; thence along the same and through Sears
Run and through said existing sanitary sewer N05-27-29W 610.00 feet to a point; thence along and
through the same NI4-12-29W 295.14 feet to a point; thence along the Final Subdivision Plan #10,
j
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Ridgeland, PB 40, Pg 15, and through Sears Run and through said existing sanitary sewer N75-35-
BE 390.95 feet to a pin; thence along the same N60-35-13E 139.00 feet to a pin; thence along the
same and along the Final Subdivision Plan #9, Ridgeland, PB 23, Pg 59, N81-12-06E 560.85 feet
to a pin; thence along said Final Subdivision Plan #9, N81-05-13E 385.87 feet to a pin at the Final
Subdivision Plan #2, Richard 1. Greene, PB 32, Pg 14, S10-22-37E 179.18 feet to a concrete
monument; thence along said Final Subdivision Plan #2 and along WiIlcliffDrive N80-15-30E
111.51 feet to a concrete monument at the Preliminary/FinaI Subdivision Plan for Go1fview, PB 55,
Pg 49-A; thence along said plan for Golfview S26-42-30E 744.D1 feet to a concrete monument;
thence along the same N83-27-21E 516.52 feet to aPK nail on the centerline ofOrr's Bridge Road,
being the place of beginning.
Containing 56.84 acres. The description was based upon a survey by Louis J. Harford, P.L.S., dated
February 19,2003.
Being the same premises which The Second National Bank of Mechanicsburg, PA, a corporation
duly organized and existing under the laws of the United States of America by its deed dated June
26,1946, and recorded in the office of the Recorder of Deeds in and for Cumberland County, PA,
granted and conveyed unto William H. Trayer and Grace P. Trayer, his wife. William H. Trayer died
on March 24,1979, whereby title vested in Grace P. Trayer as surviving Tenant by the Entirety.
TO HAVE AND TO HOLD the said premises unto the said Grantees, their heirs and assigns, to
and for the only proper use and behoof of Grantees, their heirs and assigns forever.
AND the said Grantor does covenant, promise and agree, that she will SPECIALL Y WARRANT
and forever DEFEND the property hereby conveyed.
IN WITNESS WHEREOF the undersigned Grantor has executed this Deed as of the day and year .
first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
GRANTOR:
Grace P. Trayer
A~~
~~
Grace P. Trayer
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND :
On this the~day of M [YCr\ , 2003, before me, the undersigned
\
officer, personally appeared the above named Grace P. Trayer, Grantor, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing Indenture, and
acknowledged that she executed the same for the purpose therein contained, and desired the same
might be recorded as such, according to law.
In witness whereof, I have hereunto set my hand and official seal.
./"""""
Mr. Mark X. DiSanto, Esq.
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg, PA 17112
Notarial Seal
Stephanie E. Witmer, Nolat:Y I'I1bIlc
Hampden Twp., Cumberland COUlIty
My Commission Expires JoIy f28. 2005
Member, PennsyfvanlaAssoclallonofNotarfes
I certifY that the precise residence and correct addresse ,of one of the within Gran
COMMONWEALTH OF PENNSYL
COUNTY OF CUMBERLAND
Recorded in the Office for Recording of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book No.
Page
Witness my hand and seal of Office this
day of , Anno domini 2003.
Recorder
i. \\\ ()r 1'1 ( I.S
Sumxrn.r.r
Su IIIT.\L\"
Bf{()\\N &
C\LJI()();\), Pc.
F. R. MARTSOLF
(717) 540-9170, Ex!. 130
1m artsoll@ssbc-Iaw.com
SUITE 201
2080 l!NGlESTOWN ROAD
HARRISBURG, PA
17110-9670
FAX (7171 540-5481
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March 4, 2003
02-273
S. Berne Smith, Esquire
107 North 24th Street
Camp Hill, PA 17011
Re:
Property:
Trayer Farm
Hampden Township
Cumberland County
Silver Brook
Trayer
DiSanto/Grandon
March 4, 2003
Post-Closing Letter Agreement
Development:
Seller:
Buyer:
Closing Date:
Subject Matter:
Dear Berne:
This letter sets forth our agreement with regard to
certain post-closing obligations of the parties to that
certain Real Estate Purchase Agreement dated June 21, 2002
("Agreement") regarding the proj ect referenced above. This
correspondence is executed by us in our respective
capacities representing, on my part, Mark X. DiSanto and
James E. Grandon, Jr., and, in your capacity, representing
Grace P. Trayer, Thomas N. Trayer and Linda J. Trayer.
This letter agreement relates to the following:
(1) Noncompliance with Paraoraph 3 (fl of the
Aoreement. Seller is in default under the terms and
conditions of Paragraph 3 (f) of the Agreement in
failing to remove junk cars, trash and barrels prior
to Closing.
(2) Compliance with Paraoraph 18ra) of the
Aoreement. Thomas Trayer and Linda Trayer, on and
after Closing, continue to reside in the house trailer
located on the Property as defined in the Agreement.
Paragraph l8(a) of the Agreement provides that Buyer
will be responsible for removal of the house trailer
at Seller's expense. Buyer may remove the house
trailer after Closing upon reasonable notice to Thomas
and Linda Trayer.
(3) Compliance with Paraoraoh 17(a) of the
Aoreement. Buyer's and Seller's obligations set forth
in Paragraph 17 (a) of the Agreement shall survive
closing. Seller has selected Lot #1 as the Trayer Lot
as defined in the Agreement. Attached hereto and
marked as Exhibit "A", initialed by both Buyer and
..... 11
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S. Berne
March 4,.
Page 2
Smith, Esquire
2003
Seller, is the plan for the residence to be erected on
the Trayer Lot setting forth the agreed-upon cost for
the residence to .be constructed.
(4) Escrow Deoosit/Comoliance with Obliqations.
To ensure Seller's compliance with the financial
obligations imposed in paragraphs (1), (2) and (3)
above, the Purchase Price set forth in the Agreement
shall be reduced by the amount of $35,000:00 to be
held in escrow by Triple Crown. Corporation, rnc.
("Escrow Deposit"). The EElcrow Deposit shall be
disbursed in accordance with the terms and conditions
of the Agreement. To the extent the Escrow Deposit is
insufficient to fund Seller I s financial obligations as
provided in the Agreement, Seller, upon receipt of
invoices detailing Buyer's expenditures, shall pay to
Buyer, upon demand, the shortfall. To the extent the
Escrow Deposit is in excess of amounts required to
comply with the terms and conditions of the Agreement,
the balance of the Escrow Deposit shall be refunded to
Seller.
The provisions of
closing.
~/} ~~
,
survive
Date
By
Attorney for Mark X. DiSanto and
James E. Grandon, Jr.
Date 3 J l-j ) 03
. .
ByA E~~l
S. Berne Smith
Attorney for Grace P. Trayer,
Thomas N. Trayer and Linda J.
Trayer
FRM/ner
cc: Mark X. DiSanto, Esquire
MA~-03-2003 09:26
T~IPLE CROWN CORPORATION
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7176578125
P.02
5351 Jaycee Avenue
Harrisburg, PA 17112
www.triplecrowncorp.com
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TRIPLE CROWN CORPORATION
Developers · Builders. Managers
(717) 657-5729
FAX (717) 657.8125
PROPOSAL
PROPOSALSUBMl1TED TO:
'!HE: TRA 'YER'S
5I'REET TRAYER STREET
TRA YF.R LANElHOMF_~IT1l 'I c/o SILVER BROOK
CllY, STATE AND Zll' CODB
MBCHANICSBIJRr:. PA
ARCHITEcr
TRIPLE CROWN CORPORATION
W. hereby submit specifications MlIlesti"",tes for a new build hom.::
CUSTOM "COLONIAL PEARL"
PHONE NUMBER
761-648.317117-306S x 2
DATB
2-28-2003
OPTIONS:
CUSTOM 1ST FLOORIMAIN LEVEL MASTER SUITFJON SLAB
BASEMENT TO FEATURE A aILeO DOOR EN1RANCE-LOCATION TED (IN ABOVE COST)
NATURAL GAS FffiEPLACE W/MARaLE AND MANTI.E
TETrED 2ND Pl.OOR MASTER SA TH
WELL HOOK-UP FOR 2ND W A TRR SOURCElHrnl!S
HOMESITE 11
LAND COST
SITE COST
W. propose hereby to furnish material and labor -comput. in accordanc. with above sp.cifications, for the sum of.
DOllaTS($-.J,10,539.00 l.
P4yment to b. "",de as follows:
AU material is guaranteed to be as spedlied. AU work to be complet~ In a substantial ,workmanlike manner according 10 specUicatlons submiMed per
standard practices. Any alteration or deviation. form above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. AU agreements cOntingent upon strikes, accidents, or delays beyond our controL Owner to caay
fire, tornado and other necessary insurance. Our workers are fuUy covered by Workman's Compensation Insurance.
Note: nus proposal may be withdrawn by US if not acceJ:"ted within
Authorized Signature:
days.
Aa:eptll1tce of Propos41- Th. 4bov. prices, specificRtions 4"" conditions 4TeS4tisfactory 4"" Rre hereby accepted. You aTe 4uthorized
to do the work 4S specified. P4yment will be m4d. RS outlined 4bove.
'~~~
Sign4tuTe:~
!>_ '-I - 03
D4t. of Accept4nce:
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.5/17101
P4ge No. /
of 5 PRges
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ADDENDA TO AGREEMENT OF SALE
Agreement for the Sale and Purchase of Real Estate by and between f# (l,ncc I', i oR A)' ~R
It-'P/Oll THOMAS AND LINDA TRAYER
the Buyer(s), and Triple Crown Corporation, the Seller, dated 8- J 3-03
concerning the real property commonly known as TRAYER LANE MechanicsburS!:. P A J 705~,
which is home-site No. #_1_ / Phase #_l_in "Silver Brook", a planned community.
ADDENDUM "A" - PROCEDURES
The undersigned Buyer and Seller hereby agree to the following:
J. Buyer understands and agrees that Buyer will deliver to Seller a signed, dated and
completed copy of the Addendum B (Construction Order Form with Selections) within
Z J days of contract acceptance. If the Addendum B Custom Home Worksheet is not
presented within the allotted time frame to Triple Crown Corporation, the house will
not be started and all construction planning will cease until the Addendum B is
submitted.
NOTE: THIS HAS BEEN COMPLETED.
2. If Buyer does not perform his obligations under paragraph 1 hereof, Buyer then agrees
to move the settlement date back one (l) working day for each and every day
Addendum "B" is not executed within the prescribed time frames.
3. All changes to the property, addenda, contingencies, extras, or special requests,
whether incorporated in the contract or not, will be executed or re-executed on Triple
Crown Corporation's Change Orders and signed by both parties. NO CHANGE WILL BE
MADE ON THE lOB UNTIL FULL PAYMENT FOR THAT CHANGE HAS BEEN RECEIVED
BY TRIPLE CROWN CORPORATION. ALL BlNER ORIGINATED CHANGE ORDERS
RECEIVED AITER THE ORIGINAL CONTRACT DATE WILL BE SUBJECT TO A $250.00
ADMINISTRATIVE FEE. The Buyer will have $1,000.00 to use as a "change-exchange"
credit for change orders. Triple Crown Corporation will refund to the buyer any
unused portion of this $1,000.00 change credit at Buyer's settlement. Triple Crown
Corporation reserves the right to adjust the settlement date in a reasonable manner to
accommodate completion of said Change Order.
4. Buyer hereby acknowledges receipt of the Declaration of Covenants, Conditions and
Restrictions for "Silver Brook". Buyer further acknowledges that the builder
representative has explained that buyer will be bound by the Declaration of Covenants.
:;. BtlJ".L tU.dUj~l'lar ~t:l? agrees tLdl uuy G^""'aval~vu Lu lull\A.l'A.~L;!Ib fl10ck LGIHov.a.l" '\viU
130 el.J.Lb"",J Lv tllG ttl)'Gl at $25.00 fler eN~ie Jcud 4;) ~n t:XUi:t Lu tIll..- \.-vnaaet. .,p '2-4 J 4 :J -
'GA nOP''':/C::."..,.,Q;'' AtrAt.'ttntI'N'f" Q,"'" '2I/I],1'3~ra'/R"'L. rAt'#' 1.1 .I ,h;.~
6. Due to township building codes, future finished basements that do not have a means of
egress may be required to do so by code. Check with your realtor or township for the
necessary requirements. An approved means of egress would be a biko door, escape
window well or exposed walkout basement if the building site allows.
NOTE: BILCO DOOR IS INCLUDED IN HOME PLAN
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED (lJ1.r1' ~
.:f;;,h 11/ r'l1 ...& ~
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ADDENDUM "B" - SELECTION SHEET ON SEPARATE DOCUMENT
Buyer(s) will have 21 days from contract acceptance to complete all selections on home.
Note: Done and received by Triple Crown Co1JX>rationl attached
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APFRC:VED c171/ ~
AlihrJ& JJ#
ADDENDUM "C"-CUSTOM HOME PLAN DEVELOPMENT PROCEDURES
The undersigned Buyer and Seller hereby agree to the following:
Iluyer herewith acknowledges that the following procedures shall be adhered to as they apply 10 home plan design
and modifications: '
ALL CUSTOM HOME PLANS (NON TRIPLE CROWN HOME PLANS) WILL BE SUBJECf
TO A $1,000.00 DEPOSIT FOR TRIPLE CROWN TO DRAW TIiE CUSTOM PLANS. IF BUYER
ENfERS INTO A CONSTRUCTION AGREEMENT wrrn TRIPLE CROWN CORPORATION, TIiE
$1,000.00 WILL BE CREDITED TOWARDS THE BUYERS DOWN PAYMENT/CLOSING
COSTS. IF TIiE BUYER DOES NOT ENfER INTO AN AGREEMENT WITIi TRIPLE CROWN TO
CONSTRUCf THE HOME, THE $1,000.00 WILL BE REFUNDED AND TRIPLE CROWN WILL
KEEP TIiE CUSTOM PLANS OR BUYER CAN OBTAIN ANY DRAWINGS DONE AS OF RELEASE
AND TRIPLE CROWN CORPORATION WILL KEEP $1,000.00 CUSTOM PLAN DEPOSIT.
1. INITIAL CONSULTATION MEETING 1-2 HOURSINO CHARGE
TRIPLE CROWN CORPORATION REPRESENTATIVES AND HOME BUYER(S)
2. PLAN REVIEW AITER CHANGES 1 HOUR/NO CHARGE
TRIPLE CROWN CORPORATION REPRESENTATIVES AND HOME BUYER(S)
3. PLAN FINAUZA TION 1 HOUR/NO CHARGE
TRIPLE CROWN CORPORATION RESPRSENTATIVES AND HOME BUYER(S)
ANY ADDITIONAL TIME OR MEETINGS WILL BE BILLED AT $100.00 PER HOUR. EXTRA
SETS OF HOME PLANS WILL BE BILLED AT $150.00 PER SET.
CHANGES AFTER START OF CONSTRUCTION WILL ALSO REQUIRE PAYMENT IN FULL
(SEE ADDENDUM "A" REGARDING PROCEDURES). PLANS WILL BE REPRODUCED IF
NECESSARY AND BUYER WILL BE CHARGED $10.00 PER PAGE.
The above if not applicable-Triple Crown plan has been chosen and
customization already done. Plan is attached.
ADDENDUM "D" - NOTICE REGARDING RADON GAS
Seller will construct and provide piping under the concrete slab which will be capped for
availability for a future connection to an exhaust system if desired by Buyer should it be
determined that Radon level exceeds safe limits. The expense and installation of any such
ADDENDUM "E" - INSPECTIONS
The undersigned Buyer and Seller agree to the following:
WHEREAS Buyer understands and agrees that, due to constraints placed upon Seller and its
insurance carrier, Buyer will not enter the above premises during the construction period and
agrees to the following:
1. Buyer will be contacted by Seller's representative to schedule the following construction
inspections and Buyer will be accompanied on the job site by Seller's representative
during said inspections and strictly adhere to Triple Crown Corporation's Safety
Policies and Procedures: All meetings will be held at 10 AM on the scheduled day.
a. A pre-construction meeting held and conducted by Superintendent with buyer(s),
Community Manager and Design/Estimating to confirm correctness on all details of
the house, if applicable.
. a. Note: this has been done/initialed plan attached.
b. Inspection scheduled and conducted by Project Supervisor at completion of
Framing, Rough Plumbing, Rough Electric and Insulation and prior to drywall, if
applicable;
c. Inspection at Final completion/Home Orientation scheduled by the Marketing
Department and conducted by the Construction Manager (or Management
Representative) .
2. Seller may at his sole discretion extend the settlement date 30 days without penalty or
cause of action for damages by Buyer.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
~
APPROVED ~
(/1 Inri; .)!J1?f
ADDENDUM "1''' - LIMITED WARRANTY ACKNOWLEDGMENT
The only warranties provided by the Seller are those expressly provided for in this
Addendum "1'''.
Buyer hereby acknowledges receipt of Triple Crown Corporation's Limited Warranty
Policy and Warranty Standards Booklet which provides a full and complete description
of the standards applicable to Seller's limited one year warranty.
Other than the limited one-year warranty subject to the applicable standards set forth
in the Warranty Booklet Seller hereby offers and is selling the property in an "as is"
condition.
Buyer has been advised by Seller's Agent that Triple Crown Corporation will purchase
an additional ten year limited warranty on Buyer's behalf.
BY EXECUTION OF TIIIS AGREEMENT, BlNER ACCEPTS SELLER'S ONE-YEAR lIMITED
WARRANIY SUBJI'Cl' TO THE SfANDARDS APPIlCABLE IN THE WARRANlY srANDARDS
BOOKLET AGREES TO THE TERMS AND CONDmONS THEREIN. BUYER AGREIS 'mAT
EXCEPf AS SIT FORTH ABOVE, THERE ARE NO W ARRANI1FS OR REPRF$ENfA110NS OF ANY
KIND, EXPRESSED OR IMPLIED INCLUDING Bur NOT lIMITED TO MERCHANTABll1IY,
HABITABll1IY, OR fITNESS FORA PARTICULAR PURPOSE.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED dy ~
In' !-J~I).,/jf4
Note: Warranties are enclosed for receipt.
ADDENDUM "G" - PRE-QUALIFICATION/START FEE
The undersigned Buyer and Seller hereby agree to the following:
1 . Buyer understands and agrees that in-espective of the contract settlement date, Buyer will deliver to
Seller a letter flUm Buyer's proposed lender indicati.ng Buyer's Pre-Qualification for the mOligage loan
indicated in Buyds contract within ten (10) days of the Agreement of Sale date.
2. Buyer agtees to place a l1Ol1-refundable sIa1i tee in the amxlI1t of 5% of the purchase price of the home on
iIOXll.II1t with 1\lple Ciuwn Corp:mllion, Seller. Said tee will re applierl to the p.ut:hase price of the suqect
plOJXllyat the time of settlement In the event that settlement dces not occur due to a fuilure to perfOlm on
the pu.i of the Buyer, sli:l tee will re forfeited in full to Triple Quwn Coq:oration as liquidated danJages.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVEDr1J(/ ~
{(1!hit', fi,f?/
The above addendum "G" is not applicable in this transaction.
ADDENDUM "H" - SETILEMENT
If Buyer(s) choose to use Secured Land Transfers Inc., as their Title Company the
settlement will take place at their main office at 5006 East Trindle Road, Suite 203,
Mechanicsburg, PA 17055 (717) 591-8500. All other settlements will take place at
Tl'iple Crown Corporation's main office at 5351 Jaycee Avenue, Harrisburg, PA 17112,
(717) 657-5729.
If Buyer chooses an Attorney or another Title Company to represent them, Buyer agrees
to pay any disbursement fees charged by their Attorney or Title Company.
This AddendU,: ;:e;with ;;11i:Jtegral part of the aforementioned Agreement of Sale
APPROVED C', ~rl' ~
","AS ft/f,f
..
ADDENDUM "I" - PROPERTY CONTINGENCY
"If BuyerCs) do not release their property contingency within 60 days of signed contract,
Seller at its option may adjust the base price of the home to reflect the pricing that Seller is
using at that time". If property contingency is released within 60 days of signed contract,
the contract price will be honored and construction will begin provided all buyer's
selections are made and a completed and fully executed "B" addendum is delivered to
Triple Crown Corporation. The balance of the $ will be given to
Tdple Crown Corporation to begin construction. An amended completion date and
settlement date will be delivered to buyer's when construction schedule has been confirmed.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED ~
1",1.,',<11-&#
Note: the Addendum "I" is not applicable
~
ADDENDUM "J" - PRIVACY POLICY
What this Privacy Policy Covers
. This Privacy Policy covers Triple Crown Corporation's treatment of non-public personally
identifiable information that we collect when you, the "customer" or "consumer", finance
the purchase of a home through us. This policy also covers our treatment of any non public
personally identifiable information that our business palmers share with us.
· This policy does not apply to the practices of non-affiliates of Triple Crown Corporation.
Information Collection and Use
· We collect nonpublic personal information about you from the following sources:
. Infol111ation we receive from you on applications or other forms;
. Information about your transactions with us, our affiliates, or others; and
. Information we receive from a consumer reporting agency.
Information Sharing and Disclosure
· We do not disclose any non public personal information about our customers or former
customers to anyone, except as permitted by law.
Confidentiality and Security
. We resh'ict access to nonpublic personal information about you to those employees who
need to know that information to provide products or services to you. We maintain
physical and procedural safeguards that comply with federal standards to guard your
non public personal infol111ation.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
, .
APPROVED ;771 ~
1~{1 ih~l)
THE HEREINABOVE WRIITEN ADDENDA: A~, B :"",C ~;D::", E~, F-=:, H-=::'. I_-&: .L':::::" ARE
ACKNOWLEDGED, ACCEPTED AND APPROVED AND ARE INCORPORATED IN THE REFERENCED
AGREEMENT OF SALE AS IF THEREIN WRIITEN IN FULL.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
of IJ", c...,r". 2003.
, -
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day
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, Agent/Witness as to Buyer(s)
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uyer
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Date
TRIPLE CROWN CORPORATION
Witness as to Seller
BY:
Dean Ramsey
Vice President of Design & Estimating
Date
51\ ADDENDA 200~/8
6,/3-03
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TRIPLE CROWN CORPORATION
Developers _ Builders - Managers
5351 Jaycee Avenue
Harrisburg, PA 17112
www.triplecrowncorp.com
(717) 657-5729
FAX (717) 657-8125
disantom@triplecrowncorp.com
November 17, 2003
Mrs. Grace Trayer
507. Rittenhouse Square
Mechanicsburg, PA 17055
RE: Lot 1, Silver Brook
Dear Mrs. Trayer:
Jim and I were very concerned when we heard that your granddaughter attacked you
at our Georgetown Crossing community. We hope you are recovering well.
We regret to inform you that, because of the above incident and numerous other
lease violations, we have instituted eviction proceedings against Tom and Linda.
We have been most disturbed by the chronic complaints from Tom and Linda
regarding the living conditions at Georgetown Crossing and the controls that are in
place there to protect the community. They have not been following through on our
mutual commitments, while continuing to make negative comments about the
community and us.
We are very concerned about your family (Tom and Linda) moving into Silver Brook.
This property is controlled with the same type of restrictions as Georgetown
Crossing. There are pet limitations and other restrictions at Georgetown Crossing
that have been violated. We do not want to experience the same problems at the
new community. We do not want to have an adversarial relationship with our
neighbors, nor do we wish to be maligned by clients.
Jim and I have come to the conclusion that we feel it would best for your family to find
an existing home in another community. The adversarial relationship that has
developed between Tom, Jim and myself is not amendable at this point. We have a
significant investment with the development of Silver Brook. We cannot have Tom or
Linda bad mouthing the community and the home, or entering our model home in the
fits of rage that Tom has displayed.
November 17,2003
Grace Trayer
Page 2
We are very sorry that the situation has come to this. We know you were looking
forward to living in Silver Brook. We have tried very hard to work with your family
members and it has been difficult at best. The rules, apparently, simply do not apply
to them and the way in which they live does not apply to Silver Brook. In an effort to
help accommodate alternative arrangements, we would be willing to pay you an
additional $5,000. This is simply to show good faith on our part and not an admission
of any wrongdoing.
Mrs. Trayer, Jim and I sincerely Want the best for you. We also need to protect our
interests and our investment.
I would ask you to review this matter with your son, Bill, and Berne Smith if he is
available. I understand that Berne's mother has passed away and am unsure if you
will be able to reach him. Jim and I will not speak to' Tom or Linda regarding the
issues at hand. Please have Bill or your attorney contact us regarding this matter.
Thank you for your consideration.
S;1~ X~
Mark X. DiSanto
Chief Executive Officer
[~~~
ames E. Grandon, Jr..
Partner, Silver Brook Development
Cc: Ric Martsolf
Berne Smith
Bill Trayer
111703_G Trayer_S8
METTE, EVANS & WOODSIDE
A PROFlllSSIONAL OORPORATION
ATTORNEYS AT LAW
HOWELL C. METrE
ROBERT MOORE
CHARLES B. ZWALLY
PETER J. RESSLER
LLOYD R. PERSUN
CRAIG A. STONE
JAMES A. ULSH
DANIEL L. SULLIVAN
STEVEN D. SNYDER
JEFFREY A. ERNICO
KATHRYNL SIMPSON
P. DANIEL ALTLAND
ANDREW H. DOWLING
MICHAEL D. REED
PAULA J. LEICHT
GARY J. HEIM
DAVIDA. FITZSIMONS
THOMAS F. SMIDA
JOHN F. YANINEK*
VICKY ANN TRIMMER
3401 NORTH FRONT STRElIlT
P.O. BOX 5950
HARRISBURG. PA17llD-0950
=-a:ONlll
(n7) 2S2-5000
FAX
(717) 236-1.816
TIMOTIIY A. BOY
KATHLEEN DOYLE YANINEK
JAMES M. STRONG
JENNIFER A. YANKANICH
RANDALL G. BURST'"
MARK D. HIPP
RONALD L. II1NCK
SCOTr C. SEUFERT
AMBROSE W. HEINZ
OF COUNSEL
JAMES W. EVANS
IRS NO.
28-19815005
. MARYLAND BAR
http://www.mette.cOI1l
December 19,2003
F .R. Martsolf, Esquire
Serratelli Schiffinan Brown &
Calhoon, P.C.
2080 Linglestown Road - Suite 201
Harrisburg, P A 1711 0
VIA FACSIMILE
540-5481
Re: Grace Trayer, Thomas Trayer and Linda Trayer v. Mark X. DiSanto,
James E. Grandon, Jr., and Triple Crown Corporation
Dear Mr. Martsolf:
This will confirm our telephone conversation today in which you indicated that the
property at One Trayer Lane is completed and available for my clients to move in before
Christmas. You indicated that Triple Crown Corporation and Messrs. Grandon and DiSanto are
insisting on four additional conditions before turning over possession to my clients:
1. A $20,000.00 escrow to be funded by my clients for five years, as to which your
clients would have the discretion to enter on the property and perform
maintenance as required to keep the home and property to the standards expected
in the development and backcharge the escrow fund for the cost of any such
maintenance;
2. A $5,000.00 forfeiture to apply if my clients enter the model home in the
development or the property on which it is located;
3. A $5,000.0 forfeiture to apply if my clients violate any covenants applicable to
the Silver Brook Community; and
4. A $5,000.00 forfeiture to apply ifmy clients defame your clients, with proof to be
by notarized affidavit.
As I indicated to you during our telephone conversation, I considered these conditions to
be unreasonable and onerous, and would not recommend that my clients agree to them especially
where the agreement as presently constituted is entirely sufficient to protect the interests of both
F.R. Martsolf, Esquire
December 19, 2003
Page 2
parties and there would be no consideration for such additional conditions. I have now spoken
with my clients, and they agree with my recommendation. They remain ready, willing and able
to accept possession of the home and fulfill all requirements of the agreement in connection
therewith, and they expect and demand that your clients similarly fulfill all their obligations
under the existing agreement.
Accordingly, I would request that you notify me in writing as soon as possible of your
clients' agreement to turn over possession of the house to my clients under the present terms of
the agreement, with settlement to occur no later than Wednesday, December 24, 2003.
If I do not receive your written assurance as requested above by the close of business on
Monday, December 22, 2003, I will proceed to file a complaint for specific performance and any
other appropriate legal relief on behalf of my clients. Thank you for your prompt attention to
this matter.
Also, as you requested, I am enclosing a copy of the praecipes which were filed last week
in Cumberland County.
)h~~
Michael D. Reed
MDR:tas
Enclosure
cc: G. Trayer
T. Trayer
VERIFICATION
I, Thomas Trayer, have read the foregoing document and to the extent that it contains
facts supplied by me, they are true and correct to the best of my personal knowledge, information
and belief; however, to the extent that the foregoing document and/or its language is that of
counsel, I have relied upon counsel in making this verification.
I make this Verification subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn
falsification to authorities.
Dated: 1~3 ~() 3
/
~
387940vl
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the marmer indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Mark X. DiSanto
6122 Minglewood Road
Harrisburg, PA 17112
James E. Grandon, Jr.
901 Sleepy Hollow Lane
Mechanicsburg, P A 17055
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg,PA 17112
F.R. Martsolf, Esquire
Serratelli Schiffman Brown & Calhoon, P.C.
2080 Linglestown Road - Suite 201
Harrisburg, P A 17110
METTE, EVANS & WOODSIDE
By:
);; JJl j} i2t
Jeffrey A. Ernico, Esquire
Sup. Ct. I.D. No. 07981
Michael D. Reed, Esquire
Sup. Ct. I.D. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 26, 2003
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SPERO T. LAPP AS , Esquire
Pa. Supreme Court ID no. 25745
SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P. C.
2080 Linglestown Road
Sui te 201
Harrisburg, pennsylvania 17110-9670
Telephone (717) 540-9170
IN THE COURT OFF COMMON PLEAS
OF CUMBERLAND COUNTY
GRACE TRAYER,
THOMAS TRAYER, and
LINDA TRAYER,
Plaintiffs
:
:
:
No. 03-6400 CIVIL
:
v.
:
CIVIL ACTION - - EQUITY
MARK X. DISANTO,
JAMES GRANDON,
TRIPLE CROWN CORPORATION,
Defendants
:
:
:
DEFENDANTS PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
RESPECTFULLY SUBMITTED,
January 5, 2004
P.C.
By:
'AS, e
Ct. ID no. 25745
town Road
17110-9670
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPPAS, Esquire
page 1
DEFENDANTS PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
And now, come the Defendants and make these Preliminary
Objections to the Plaintiffs' Complaint, respectfully representing
as follows:
MOTION TO DISMISS FOR FAILURE
TO COMPLY WITH RULE OF COURT
1. The Plaintiffs I complaint seeks to enforce an alleged
contract between the Plaintiff Grace Trayer and the Defendants
wherein the defendants are alleged to have anticipatorily breached
an obligation to deliver a house and lot to Grace Trayer.
2. The alleged agreement is attached to the Complaint as
Exhibit B and dated June 21, 2002.
3. The Plaintiffs aver that Exhibit B was supplemented by a
writing attached as Exhibit D and dated March 4, 2003.
4. The agreement contained in Exhibits Band D is alleged to
be between Grace Trayer and the Defendants Disanto and Grandon.
5. Linda Trayer and Thomas Trayer are not parties to that
alleged agreement.
6. Triple Crown Corporation is not a party to that alleged
agreement.
7. The Plaintiffs complaint consists of one count entitled
.Count 1 - Specific Performance."
8. Pa.R.C.p. 1020 mandates that when a complaint contains
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPPAS, Esquire
Page 2
claims by more than one Plaintiff joined pursuant to Rule 2228 or
2229(a) or (e), "the complaint shall state the cause of action. .
. of each Plaintiff in a separate count."
9. The Plaintiffs' complaint violates Rule 1020.
10. WHEREFORE, the Defendants request that the Complaint be
dismissed.
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPP AS , Esquire
Page 3
MOTION TO DISMISS FOR FAILURE
TO COMPLY WITH RULE OF COURT
11. All other paragraphs of these preliminary objections are
incorporated herein.
12. Exhibit E to the Complaint is a document dated August 26,
2003 titled "Addenda to Agreement of Sale." This document is not
signed by or on behalf of the Defendants.
13. Rule 1019(i) requires the Plaintiffs to attach a copy of
any document upon which their claim is based, or to give the reason
for its unavailability.
14. The Complaint does not state whether or not the alleged
agreement attached as Exhibit E was ever signed by or on behalf of
any Defendant.
15. The Complaint does not state whether or not the
Plaintiff's are proceeding upon an alleged oral understanding, the
terms of which are analogous to the contents of Exhibit E.
16. The Complaint violates Rule 1019(i).
17. WHEREFORE, the Defendants request that the Complaint be
dismissed.
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPPAS, Esquire
Page 4
DEMURRER TO CLAIM OF THOMAS TRAYER AND LINDA TRAYER
18. All other paragraphs of these preliminary objections are
incorporated herein.
19. The Plaintiffs' complaint seeks to enforce an alleged
contract between the Plaintiff Grace Trayer and the Defendants
wherein the defendants are alleged to have anticipatorily breached
an obligation to deliver a house and lot to Grace Trayer.
20. The alleged agreement is attached to the Complaint as
Exhibit B and dated June 21, 2002. The Plaintiffs aver that it was
amended by a writing attached as Exhibit D and dated March 4, 2003.
21. That agreement is alleged to be between Grace Trayer and
the Defendants Disanto and Grandon. (Exhibits Band D to the
Complaint)
22. Linda Trayer and Thomas Trayer are not parties to that
alleged agreement.
23. Triple Crown Corporation is not a party to that alleged
agreement.
24. Exhibit E to the Complaint is a document dated August 26,
2003 titled "Addenda to Agreement of Sale." This document, which
is signed only by the Plaintiffs and not by the Defendants,
purports to be an addendum to an agreement of sale "dated 8-13-03."
The Plaintiffs plead that this document is not an addendum to any
sales agreement but is instead "an agreement for the specifics of
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P.C.
By: SPERO T. LAPP AS, Esquire
page 5
the home" which the Plaintiffs claim that the defendants promised
to build for Grace Trayer.
25. Exhibit F to the Complaint is a handwritten document
dated August 13. 2003 which contains certain references to "Trayer"
or the "Trayer family."
It does not mention Linda or Thomas
Trayer.
26. The documents attached to the Complaint as Exhibits Band
D do not purport to impose the Defendants with any obligations to
Thomas Trayer or Linda Trayer.
27. WHEREFORE, the Defendants demurrer to the Complaint to
the extent it purports to state a claim on behalf of Thomas Trayer
or Linda Trayer.
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPPAS, Esquire
Page 6
DEMURRER OF TRIPLE CROWN CORPORATION
28. All other paragraphs of these preliminary objections are
incorporated herein.
29. The Complaint does not describe the obligations of Triple
Crown Corporation to the Plaintiffs.
30. WHEREFORE, Triple Crown Corporation demurrers to the
Complain t.
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P.C.
By: SPERO T. LAPPAS, Esquire
Page 7
RESPECTFULLY
MITTED,
'HI 'Fl1AN, BROWN AND CALHOON, P. C.
By:
January 5, 2004
'AS, Es re
a. Sup- e Ct. ID no. 25745
~nglestown Road
Sui te 201
Harrisburg, PA 17110-9670
(717) 540-9170
ATTORNEYS FOR THE DEFENDANTS
SERRATELLI, SCHIFFMAN BROWN AND CALHOON, P. C.
By: SPERO T. LAPP AS, Esquire
Page 8
CERTIFICATE OF SERVICE
I hereby certify that on January 7, 2004 I served a true copy
of the attached document upon the person (s) named below by mailing
a copy addressed as follows, postage pre-paid, deposited into the
u. S. Mail at Harrisburg, Pa.
JEFFREY ERNICO, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, PA. 17110-0950
MICHAEL REED, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, PA. 17110-0950
By:
, BROWN AND CALHOON, P. C.
S
80 L
Sui te 201
Harrisburg, PA 17110-9670
(717) 540-9170
25745
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-06400 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TRAYER GRACE ET AL
VS
DISANTO MARK X ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
DISANTO MARK X
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On January
13th , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
dep Dauphin Co
18.00
9.00
10.00
36.50
.00
73.50
01/13/2004
METTE EVANS
So answers.>.
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R. Thomas Kline
Sheriff of Cumberland
County
WOODSIDE
Sworn and subscribed to before me
this ;'({A..( day ofLfA~7
.;)1/fJ '( A.D.
, v-- (J ~ ff'
'---f1 pro{honotary ,~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-06400 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TRAYER GRACE ET AL
VS
DISANTO MARK X ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
TRIPLE CROWN COPORATION
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On January
13th , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
01/13/2004
METTE EVANS
So answers","-
o4<~/'Y; ~~
R. Thomas Kline
Sheriff of Cumberland County
WOODSIDE
Sworn and subscribed to before me
this d.J.~t- day Of(,~
;l..bV L{ A.D.
"-h~O ~~
Prothonotary' -T7
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-06400 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TRAYER GRACE ET AL
VS
DISANTO MARK X ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
GRANDON JAMES E JR
the
DEFENDANT
, at 1535:00 HOURS, on the 22nd day of December, 2003
at 901 SLEEPY HOLLOW RD
MECHANICSBURG, PA 17055
by handing to
JEAN GRANDON, WIFE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
8.28
.00
10.00
.00
24.28
~~~
R. Thomas Kline
01/13/2004
METTE EVANS WOODSIDE
Sworn and Subscribed to before
By:
7J4! t~--<:
Deputy She~ff
me this .n.~ day of
~ ,;}AuJ't A.D.
n -,-,{2 ~ .#,
~thonotary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Grace Trayer et al
VS.
SERVE:
Mark X. Disanto et al
sane
No. 03-6400 civil
Now December 16, 2003
,
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
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Sheriff of Curnberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof.
So answers,
Sheriff of
County, FA
Sworn and subscribed before
me this day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
@iiite of tIre ~lre~iff
William T. Tully
Solicitor
J. Daniel Basile
(bief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant (biefDeputy
Dauphin COWlty
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 filx: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
TRAYER GRACE ET AL
vs
County of Dauphin
DISANTO MARK X
Sheriff's Return
No. 3280-T - -2003
OTHER COUNTY NO. 03 6400
AND NOW:December 23, 2003 at 10:40AMserved the within
WRIT OF SUMMONS upon
DISANTO MARK X by personally handing
to JESSICA HODNETT (SECY) 1 true attested copy(ies)
of the original
WRIT OF SUMMONS
and making known
to him/her the contents thereof at 5351 JAYCEE AVENUE
HARRISBURG, PA 17112-0000
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So Answers,
Jf~
Sworn and subscribed to
before me this 9TH day of JANUARY, 2004
Sheriff of D
PROTHONOTARY
By
Sheriff's Costs: $36.50 PD 12/22/2003
RCPT NO 186093
GM
. In The Court of Common Pleas of Cumberland County, Pennsylvania
Grace Trayer et a1
VS.
Mark X. Disanto et a1
SERVE: Triple Crown Corporation
No. 03-6400 civil
Now, December." 16. 2003
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. "
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Sheriff of Cum berland County, P A
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made lmown to
the contents thereof.
So answers,
Sheriff of "
County, PA
Swomand subscribed before
me this _ day of
.20
'-
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
@{fite uf t4~ ~4~J:iff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
TRAYER GRACE ET AL
vs
County of Dauphin
DISANTO MARK X
Sheriff's Return
NO. 3280-T - -2003
OTHER COUNTY NO. 03 6400
AND NOW:December 23, 2003 at 10:40AMserved the within
WRIT OF SUMMONS upon
TRIPLE CROWN CORPORATION by personally handing
to JESSICA HODNETT (SECY) 1 true attested copy(ies)
of the original
WRIT OF SUMMONS
and making known
to him/her the contents thereof at 5351 JAYCEE AVENUE
HARRISBURG, PA 17112-0000
Sworn and subscribed to
before me this 9TH day of JANUARY, 2004
. i!,r.,J. tiU 2-.1 ~aWu0
'-J,...... :ROTHONOTARY
So Answers,
?K~PL
--
. .~._~----
Sheriff of
, Pa.
By
Deputy Sheriff
Sheriff's Costs: $36.50 PD 12/22/2003
RCPT NO 186093
GM
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter f= the next ArgmJent ~.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption nrost be stated in full)
GRACE TRAYER, THOKAS TRAYER and
LINDA TRAYER,
(Plaintiff)
vs.
MARK X. DISANTO, JAMES E. GRANDON, JR.
and TRIPLE CROWN CORPORATION,
(Defendant)
No. 03-6400
Civil
1. State matter to be argued (Le.. plaintiff's IlPtion f= new trial, defendant's
daJm:rer to catplaint. etc.):'
Defendnats' Preliminary Objections
2. Identify counsel lolho will argue case:
(a) f= plaintiff:
Address :
Michael D. Reed, Mette, Evans & Woodside
3401 N. Front St., P. O. Box 5950
Harrisburg, PA 17110-0950
(b) f= defendant:
Address :
Spero T. Lappas, Esquire,
Serratelli, Schiffman, Brown and Calhoon, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670,
3. I will notify all parties in writing within n.u days that this case has
been listed for argunent.
4. ArgmJent Court Date:
Karch 24, 2004
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Atto:rney for Plaintiffs
Dated: ~ Jet 10 y
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GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 03-6400 Civil
v.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
: Civil Action - Equity
Action for Specific Performance
PLAINTIFFS' MOTION FOR PRELIMINARY
AND PERMANENT INJUNCTION
Now come Plaintiffs, Grace Trayer, Thomas Trayer and Linda Trayer and move this
Court to grant preliminary and permanent injunctive relief in the above-captioned matter, in
support of which, they aver as follows:
I. On December 26, 2003 Plaintiffs filed a Complaint in this matter, seeking specific
performance of Defendants' obligations pursuant to agreements and addenda entered into
between the parties with respect to Defendants' purchase of real estate from Plaintiff Grace
Trayer and their promise, as part of the consideration for that purchase, to construct a house for
Plaintiffs on that real estate on a lot known as 1 Trayer Lane in the Silver Brook Development
owned by Defendants on the real estate they purchased from Grace Trayer. A true and correct
copy of that Complaint (with the exhibits thereto attached) is attached hereto as Exhibit "A" and
is incorporated herein by reference as if fully set forth.
2. On January 5, 2004 Defendants filed Preliminary Objections to the Complaint.
The Preliminary Objections go to the form of the Complaint rather than its substance, and are
listed for argument before this Court on March 24, 2004.
3. As part of the agreements between the parties, Defendants provided Plaintiffs
with a townhouse at 507 Rittenhouse Square in Silver Spring Township to use as their residence
while the house at I Trayer Lane was being constructed and completed.
4. Despite the fact that the house at I Trayer Lane has, upon information and belief,
been fully constructed and completed, Defendants have failed and refused to go to closing and to
turn over possession of the house to Plaintiffs.
5. By reason of that failure and refusal, Plaintiffs have continued to reside at the
townhouse at 507 Rittenhouse Square, awaiting the outcome of their action for specific
performance.
6. On February 15, 2004, Plaintiff Grace Trayer suffered a fall and resulting serious
injuries as a result of the lack of grab bars and similar safety features in the bathroom of the
townhouse. Plaintiffs' counsel wrote to Defendants' counsel on February 20, 2004, advising him
of this incident and reiterating Plaintiffs' demand for possession of the house at I Trayer Lane.
A true and correct copy of that letter is attached hereto as Exhibit "B" and is incorporated herein
by reference as if fully set forth.
7. Counsel for Defendant has not responded to the letter of February 20, 2004.
8. On or about February 23,2004, Plaintiffs received a letter from Defendant Triple
Crown Corporation dated February 19, 2004 notitying them of their eviction from the townhouse
at 507 Rittenhouse Square in Silver Spring Township. A true and correct copy of the letter dated
February 19, 2004 (with attachments thereto) is attached hereto as Exhibit "C".
9. If Defendants continue to refuse to turn over the house at I Trayer Lane to
Plaintiffs, Plaintiffs will suffer immediate and irreparable harm in the nature of a lack of a safe
..
residence for Plaintiff Grace Trayer, who is 90 years old, has difficulty walking, and needs
handicapped accessible facilities such as those available in the house at I Trayer Lane.
10. If Defendants evict Plaintiffs from the townhouse on March 31 as threatened in
their letter dated February 19, Plaintiffs would suffer the immediate and irreparable harm of
having no permanent residence available to them, given Defendants' continuing refusal to
transfer possession of the home at I Trayer Lane.
11. Plaintiffs have no adequate remedy at law.
12. Plaintiffs are prepared to post adequate security, in such amount as this Court
shall direct, to comply with Pa. R.C.P. 1531(b).
13. Plaintiffs are clearly entitled to the requested relief and have a strong likelihood of
success on the merits of their underlying action.
14. Greater harm would ensue from denying the requested injunctive relief than from
granting it.
WHEREFORE, Plaintiffs respectfully request this Court to enter an order I) requiring
Defendants to turn over possession of the house at I Trayer Lane to Plaintiffs; 2) enjoining
Defendants from evicting Plaintiffs from the townhouse at 507 Rittenhouse Square until they
have turned over possession of the house at 1 Trayer Lane; 3) permanently enjoining Defendants
from marketing, selling or transferring the house at 1 Trayer Lane to any party or parties other
than Plaintiffs; and 4) awarding the costs of this action, together with such other remedies as this
Court shall deem just and appropriate.
DATED: March 10,2004
Respectfully submitted,
By:
METTE, EVANS & WOODSIDE
/37)4~ fZc
Michael D. Reed, Esquire
Sup. Ct. LD. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
Exhibit A
GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-6400 Civil
v.
Civil Action - Equity
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
Action for Specific Performance
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff(s). 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 NQ.L
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE~SEf.::3
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .. S
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Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
717-249-3166 or 800-990-9108
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NOTICIA
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LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIA T AMENTA. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA
ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
717-249-3166 or 800-990-9108
GRACE TRAYER, THOMAS TRAYER
and LINDA TRAYER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-6400 Civil
v.
Civil Action - Equity
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
Action for Specific Performance
COMPLAINT
And now come Plaintiffs Grace Trayer, Thomas Trayer and Linda Trayer (hereinafter
"Trayers") through their counsel, Mette, Evans & Woodside, P.C., and make this Complaint in
Equity, in support of which they aver as follows:
1. Plaintiff Grace Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Plaintiff Thomas Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Thomas
Trayer is the son of Grace Trayer.
3. Plaintiff Linda Trayer is an adult individual residing at 507 Rittenhouse Square,
Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Linda
Trayer is the wife of Thomas Trayer.
4. Defendant Mark X. DiSanto is an adult individual residing at 6122 Minglewood
Road, Harrisburg, Dauphin County, Pennsylvania, 17112.
5. Defendant James E. Grandon, Jr. is an adult individual residing at 901 Sleepy
Hollow Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
6. Defendant Triple Crown Corporation is a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania with offices located at 5351 Jaycee
Avenue, Harrisburg, Dauphin County, Pennsylvania, 17112.
7. Upon information and belief, Defendant DiSanto is an officer and principal of
Defendant Triple Crown Corporation.
8. At all times pertinent hereto prior to and including March 4,2003, Plaintiff Grace
Trayer was the owner in fee simple of a certain tract of ground situated in Hampden County,
Cumberland County, Pennsylvania, known and numbered as 781 Orrs Bridge Road, comprised
of 56 acres more or less and improvements thereon, with metes and bounds more particularly
described in a legal description attached hereto as Exhibit "A" and incorporated herein by
reference as if fully set forth.
9. In and around early 2002, Defendants DiSanto and Grandon approached Plaintiff
Grace Trayer seeking to purchase the property for the purposes of creating a residential housing
development thereon.
10. Plaintiff Grace Trayer had been approached by other potential buyers of the
property over the years, and had previously rejected all such offers and potential offers.
11. At all times pertinent to the negotiations with Defendants DiSanto and Grandon,
Plaintiff Grace Trayer resided in a farmhouse on the property where she had lived for
approximately 57 years. Plaintiffs Thomas and Linda Trayer also resided in a mobile home on
the property.
12. As part of their inducement to Plaintiff Grace Trayer to sell the property to them,
Defendants DiSanto and Grandon promised and represented that they would have Defendant
Triple Crown Corporation build a home on the existing site of the mobile home and convey the
. home to Grace Trayer, Thomas Trayer and Linda Trayer upon its completion.
13. On or about June 21, 2002 Plaintiff Grace Trayer, by her attorney-in-fact, William
H. Trayer, III entered into a real estate purchase agreement whereby Defendants DiSanto and
Grandon agreed, inter alia, to purchase the property and to construct a personal residence upon
the lot encompassing the location of the then present mobile home on the property. A true and
correct copy of the real estate purchase agreement is attached hereto as Exhibit "B" and
incorporated herein by reference as if fully set forth.
14. On or about March 4, 2003 Plaintiff Grace Trayer conveyed the property by a
deed in fee simple to Defendants DiSanto and Grandon. A true and correct copy of the deed is
attached hereto as Exhibit "C" and incorporated herein by reference as if fully set forth.
15. Also on March 4,2003, the parties, through their counsel entered into a letter
agreement regarding the post-closing obligations of the parties. A true and correct copy of the
letter agreement is attached hereto as Exhibit "D".
16. On or about August 13,2003 Plaintiffs Grace Trayer, Thomas Trayer and Linda
Trayer entered into an agreement with Defendant Triple Crown Corporation which was headed
"ADDENDA TO AGREEMENT OF SALE", but which in fact constituted an agreement for the
specifics of the home to be constructed on the lot known as Home Site No.1, Phase I in "Silver
Brook" in the residential planned community subdivision owned by Defendants DiSanto and
Grandon. A true and correct copy of the agreement is attached hereto as Exhibit "E" and
incorporated herein by reference as if fully set forth.
17. Also on August 13, 2003, Plaintiffs, through their attorney P. Berne Smith,
Esquire entered into a handwritten addendum which Defendant DiSanto signed on behalf of
himself, Defendant Grandon and Defendant Triple Crown Corporation further specifying the
. terms with respect to the house to be constructed on Lot No.1, Phase I of the Silver Brook
planned residential community development for the Trayers' residence. A true and correct copy
of the handwritten addendum is attached hereto as Exhibit "F" and incorporated herein by
reference as if fully set forth.
18. In reliance upon the promises and agreements of Defendants, the Trayers left their
respective residences in the farmhouse and the mobile home and moved to their present
residence of 507 Rittenhouse Square in Silver Spring Township to await the completion of
construction of their residence at Lot 1, Phase I in the Silver Brook development.
19. On several occasions, the Trayers have been promised by Defendants that the
agreed upon home will be completed and ready for their occupancy by a date certain; however,
in each instance Defendants have failed to complete construction and provide the home ready for
occupancy by .the Trayers.
20. On November 17,2003, Defendants DiSanto and Grandon forwarded a letter on
the letterhead of Defendant Triple Crown Corporation to Plaintiff Grace Trayer making a false
accusation regarding an alleged attack on Grace Trayer by her granddaughter and stating that
they would not permit the Trayers to occupy the home which was then nearing completion. A
true and correct copy of the letter of November 17,2003 is attached hereto as Exhibit "G".
21. In response to the letter of November 17,2003, the Trayers, through their counsel
have advised Defendants that they are not willing to surrender the home which they were
promised under the relevant agreements and that they are prepared to go to closing and fulfill all
conditions of the agreements properly in force in return for which they expect Defendants to
perform their obligations under the agreements and provide the finished house for occupancy at
Lot I, Phase I ofthe Silver Brook development.
22. On December 19, 2003, counsel for Defendants advised counsel for Plaintiffs that
the home located at Lot 1, Phase 1 of the Silver Brook development had been completed and was
ready for occupancy by the Trayers if they would agreed to accept four additional conditions
which had not appeared in any prior agreements, namely:
I. A $20,000.00 escrow to be funded by my clients for five years, as to which your
clients would have the discretion to enter on the property and perform
maintenance as required to keep the home and property to the standards expected
in the development and backcharge the escrow fund for the cost of any such
maintenance;
2. A $5,000.00 forfeiture to apply ifmy clients enter the model home in the
development or the property on which it is located;
3. A $5,000.0 forfeiture to apply ifmy clients violate any covenants applicable to
the Silver Brook Community; and
4. A $5,000.00 forfeiture to apply ifmy clients defame your clients, with proof to be
by notarized affidavit.
23. By letter dated December 19, 2003 and delivered by fax transmission, counsel for
the Trayers advised counsel for Defendants that the Trayers were not willing to accept the
additional conditions but were ready, willing and able to go to closing on the transaction and to
occupy the home at Lot 1, Phase I of the Silver Brook development. A true and correct copy of
the letter of Plaintiffs' counsel to Defendants' counsel is attached hereto as Exhibit "H" and is
incorporated herein by reference as if fully set forth.
24. Notwithstanding the demand of the Trayers, through their counsel, that
Defendants respond by affirming their willingness to perform their contractual obligations and
provide access to the home at Lot 1, Phase I of the Silver Brook development to the Trayers for
"
occupancy, Defendants have failed and refused to provide access to the residency for occupancy
. by the Trayers and have failed and refused to schedule a real estate closing for that purpose.
COUNT I - SPECIFIC PERFORMANCE
25. The averments contained in paragraphs 1 through 24 are incorporated herein by
reference as if fully set forth.
26. The home at Lot 1, Phase I of the Silver Brook development has unique and
irreplaceable value to the Trayers since it will allow them to reside on property which has been
owned and occupied by their family for approximately 57 years.
27. Defendants' letter of November 17,2003 created an anticipatory breach of their
contractual agreement to provide the home at Lot I, Phase I of the Silver Brook development to
the Trayers pursuant to the agreements between the parties.
28. Defendants' continuing refusal to provide the home located at Lot 1, Phase I in
the Silver Brook development to the Trayers constitutes an ongoing breach of their obligations
under the various agreements between the parties.
29. The Trayers have no adequate remedy at law to compensate them for the loss of
the home in which they expected to reside.
30. Plaintiffs have complied with all conditions under the various agreements and are
ready, willing and able to proceed to closing on the home and to make the required final payment
of $16,000.00 at settlement to Defendant Triple Crown Corporation, but have not yet tendered
such payment in light of Defendants' anticipatory breaches of contract and refusal to provide the
home for occupancy by the Trayers or to schedule a closing for that purpose.
31. If so directed by this Court, Plaintiffs are ready, willing and able to pay the sum of
. $16,000.00 into escrow with the Court or otherwise to verify their willingness and ability to
complete the closing on the transaction.
32. All conditions precedent to Defendants' obligation to provide the home at Lot I,
Phase I of the Silver Brook development to Plaintiffs have been satisfied.
WHEREFORE, Plaintiffs Grace Trayer, Thomas Trayer and Linda Trayer respectfully
request this Court to enter an order granting them specific performance of their agreements with
Defendants and requiring Defendants to provide access to the home constructed at Lot I, Phase I
of the Silver Brook development to the Trayers for occupancy along with an appropriate deed of
conveyance for the home and the lot on which it is located and Plaintiffs further request the costs
ofthis action and such other relief as this Court may deem just and appropriate.
Respectfully submitted,
ME;;;~::0
By:
Jeffrey A. Ernico, Esquire
Sup. Ct. J.D. No. 07981
Michael D. Reed, Esquire
Sup. Ct. J.D. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 26, 2003
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REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is entered
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into this '2..1 day of (J/-A./Vc , 2002 by and between GRACE P.
TRAYER, widow, by her attorney-in-fact, WILLIAM H. TRAYER, III
("Seller"); and MARK X. DisANTO and JAMES GRANDON, JR., as tenants
in common, or assigns ("Buyer").
WITNESSETH:
WHEREAS, at all times material to this Agreement, Seller is
the owner of property known and numbered as 781 Orrs Bridge Road,
Mechanicsburg, cumberland County, Pennsylvania, comprised of fifty-
six (56) acres more or le.ss and improvements located in Hampden
Township, Cumberland County, Pennsylvania, being more particularly
described on Exhibit "A" attached hereto and by reference made a
part hereof ("Real Property"); and
WHEREAS, at all times material to this Agreement, Seller was
and is the owner of all personal property (except that of Thomas N.
and Linda J. Trayer described herein) located in, on or within the
Real Property ("Personal Property"); and
WHEREAS, the Seller wishes to sell and the Buyer wishes to
purchase the Property (as hereinafter defined) subject to the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises
between the parties and for good and valuable consideration, the
parties, intending to be legally bound hereby, covenant and agree
as follows:
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1. THE PROPERTY. Seller agrees to sell and Buyer agrees to
purchase from Seller, upon the price, terms and conditions
hereinafter provided, the Real Property described in Exhibit "A"
and all improvements thereon and all easements, rights and
privileges appurtenant thereto,
and the Personal Property,
hereinafter collectively called the "Property".
2.
PURCHASE PRICE FOR THE PROPERTY.
The total purchase
price for the Property shall be One Million Two Hundred Thousand
Dollars ($1,200,000.00). The purchase price is payable as follows:
(a) Deposit to be placed in Escrow,
payable to Seller at Closing....... $ 10,000.00
(b) Cash to Seller at Closing
(adjusted pursuant to
Paragraph 2.3 herein) .............. 1. 190,000.00
TOTAL .............................. $1, 200 , 000 . 00
Disposition and/or description of the components of the
payment of the purchase price are as follows:
2.1 Deposit. The Deposit shall be held by Secured
Land Transfers, Inc., of 5006 East Trindle Road,
Suite 203, Mechanicsburg, PA 17055 ("Escrow Agent"), in
an interest-bearing account and disbursed in accordance
with the terms and conditions of this Agreement.
Interest shall accrue to the benefit of Buyer.
2.2 Cash to Seller at Settlement. Cash to Seller
at Closing (adjusted in accordance with Paragraph 2.3
herein) shall be paid by certified funds or by title
insurance company escrow check.
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2.3 Ad-iustment to Purchase Price.
At Closing,
hereinafter defined, the purchase price shall be
decreased by Two Hundred Thousand Dollars ($200,000.00)
for Buyer to comply with its post-Closing obligation
specified in Paragraph 17(a).
3. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES. The
covenants, warranties and representations contained in this
paragraph will be effective on the date hereof and at Closing. The
covenants, representations and warranties are deemed material,
continuing and an inducement to Buyer to enter into and consummate
the transaction contemplated by this Agreement. Seller covenants,
warrants and represents to Buyer that:
(a) Seller is the sole holder of fee simple title
to the Property, and at Closing Seller shall convey to
Buyer fee simple title to such Property by deed of
special warranty subject to the terms and conditions of
this Agreement.
(b) The Property is not leased to any third party.
(c) No litigation is pending or, to Seller's
knowledge, proposed, threatened or anticipated with
respect to the Seller or with respect to any other matter
affecting the Property.
(d) Title to the Property is good and marketable
such as will be insured by a title insurance company at
regular rates.
(e) There are no agreements affecting the Property
entered into by Seller or any agent of Seller and any
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third party which would be binding upon Buyer after
Closing.
(f) Prior to Closing, Seller will not do anything
to diminish the value of the Property. Seller shall
remove all junk cars, trash and barrels from the
Property. If and in the event Seller does not remove all
junk cars, trash and barrels prior to Closing, the
purchase price shall be reduced by such amount as may be
required for removal ("Cost of Removal"). Seller may,
either before Closing or after Closing, remove such other
items of Personal Property as Seller may select.
(g) The person executing this Agreement on behalf
of Seller is authorized to do so.
(h) Upon execution by Seller or
this Agreement represents a valid
obligation of Seller.
(i) The Property and Seller's use of the Property
has not been and is not now in any known violation of any
applicable federal, state or local statute, law or
regulation, including any and all federal, state or local
environmental laws, and no notice from any governmental
body has been served upon Seller claiming any violation
of any law, ordinance, code or regulation, or requiring
or calling attention to the need for any work, repairs,
construction, alterations or installation on or in
connection with the Property in order to comply with any
laws, ordinances, codes or regulaticns with which Seller
Seller's agent,
and enforceable
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has not complied, including any laws, ordinances, codes
or regulations requiring environmental remediation of
pesticide infiltration, asbestos-containing material
exposure, electrical transformer or equipment containing
PCB removal and/or storage tank removal. If there are
any such notices with which Seller has complied, Seller
shall provide Buyer with copies thereof.
(j) Seller is not aware of any facts which prohibit
Seller from closing this Agreement in accordance with the
terms hereof.
(k) The execution and delivery of this Agreement
and consummation of the transaction contemplated hereby
will not result in any breach of the terms or conditions
of, or constitute a default under, any instrument or
obligation to which Seller is or may become a party or by
which Seller may be bound or affected, or violate any
order, writ, injunction or decree of any court in any
litigation to which Seller is a party, or violate any
law.
(1) Seller has dealt with no realtor involved in
the transaction contemplated by this Agreement to whom a
commission may be owing.
(m) Seller shall not show, offer for sale, contract
to sell or enter into any verbal or written agreement for
the sale of the Property or any portion of the Property
to any other third party during the Feasibility Period,
hereinafter defined.
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4. BUYER'S COVENANTS, REPRESENTATIONS AND WARRANTIES. The
covenants, warranties and representations contained in this
Paragraph 4 will be effective on the date hereof and at Closing.
Buyer covenants, warrants and represents to Seller that:
(a) Mark X. DiSanto and James Grandon, Jr. are
adult individuals and have full right, capacity, power
and authority to enter into, execute and consummate this
Agreement and any agreements or instruments contemplated
herein and to take any and all actions necessary to carry
out and perform their obligations hereunder.
(b) Each person executing this Agreement on behalf
of Buyer is authorized to do so.
(c) Upon execution by Buyer, this Agreement
represents a valid and enforceable obligation of Buyer.
(d) The making of this Agreement and the
consummation of the transaction contemplated hereby does
not and will not conflict with or result in a breach of
any provision of or constitute a default under any
material agreement, instrument, award, judgment, order or
decree to which Buyer is a party or by which Buyer is
bound.
(e) No covenant, representation or 0arranty of
Buyer contained in this Agreement, or any document or
certificate delivered to Seller pursuant to this
Agreement, contains or will contain any untrue statement
of material fact or fails or will fail when delivered to
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state a material fact necessary in order to make the
statements herein or therein contained not misleading.
(f) Buyer discloses that Mark X. DiSanto and James
Grandon, Jr. are licensed real estate brokers dealing in
the within transaction for their own respective accounts.
5. CASUALTY; CONDEMNATION.
(a) Risk of Loss; Notice. Prior to Closing and the
delivery of possession of the Property to Buyer in
accordance with this Agreement, the risk of 10s8 to the
Property by casualty, condemnation or otherwise shall be
borne by Seller. In the event that (i) any loss or
damage to the Property shall occur prior to the Closing
Date as a result of fire or other casualty, or
(ii) Seller receives notice that a governmental authority
has initiated or threatened to initiate a condemnation
proceeding affecting the Property, Seller shall give
Buyer immediate written notice of such loss, damage or
condemnation proceeding.
(b) Termination Riqhts. If, prior to Closing and
the delivery of possession of the Property to Buyer in
accordance with this Agreement, (i) any condemnation
proceeding shall be pending against a substantial portion
of the Property, or (ii) there is any substantial
casualty loss or damage to the Property, Buyer shall have
the option to terminate this Agreement by providing to
Seller written notice of its election so to terminate
this Agreement within ten (10) days after notice of any
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such loss, damage or condemnation as provided above, and,
in such event, the Deposit shall be delivered to Buyer
and thereafter no party shall have any further obligation
or liability to the other under this Agreement except as
otherwise specifically set forth herein. In the context
of condemnation, "substantial" shall mean condemnation of
such portion of the Property as could render use of the
remainder impractical or unfeasible for the uses herein
contemplated, and, in the context of casualty loss or
damage, "substantial" shall mean a loss or damage in
excess of $500,000.00 in value. If Buyer elects to
proceed, at Closing, Buyer shall be entitled to receive
an assignment of any applicable insurance proceeds or
condemnation awards other than any insurance proceeds
that might be paid for personal property loss by Seller.
6. SELLER'S OBLIGATIONS BEFORE OR AT CLOSING.
(a) Seller shall permit Buyer, its agents,
representatives or employees, to enter the Property
at any reasonable time and location, from time to time,
upon twenty-four (24) hours' prior notice, to make such
preliminary inspections, test borings, surveys and
like developmental undertakings, including but not
limited to environmental audit inspections, all as may
be reasonably necessary to permit the design of or
plans for any improvements to be made by Buyer on the
Property in furtherance of the Project, hereinafter
defined, or in compliance with the provisions of
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Paragraph 15 (DUE DILIGENCE) herein. If the transaction
contemplated by this Agreement does not close, Buyer
shall restore the Property to the condition it was in
prior to any such actions of Buyer. Other than as
described herein at Paragraphs 17 and 18 with respect to
Seller's present house and with respect to the Trayer
house trailer, possession of the Property shall be given
at Closing.
(b) All representations and warranties of Seller
set forth in this Agreement, and in written statements
delivered to Buyer by Seller under this Agreement, will
be as true and correct on the date of Closing as if they
had been made on that date.
(c) If not previously delivered to Buyer, within
three (3) business days of Buyer's receipt of a fuily
executed copy of this Agreement, Seller shall deliver to
Buyer, if in Seller's possession, at no cost to Buyer,
such information, reports and documentation relating to
the Property as may be reasonably requested by Buyer,
including but not limited to the oriqinal survey prepared
by Michael C. D'Angelo, P.L.S. dated September 15, 1989.
(d) At Closing, in addition to such documents as
may be reasonably required to conclude the transaction
contemplated by this Agreement, Seller shall execute and
deliver to Buyer a special warranty deed.
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7. TITLE CONDITIONS.
(a) Title to the Property shall be free and clear
of all liens, encumbrances, easements, restrictions and
objections, except state legislative acts and local
ordinances, and such easements, restrictions, easements
for abutting streets and privileges of rights of or for
utilities as do not interfere with the use of the
Property for the purposes as presently used and for
Buyer's intended use of the Property, all as determined
in Buyer's sole discretion.
(b) Excepting only as set forth above, title to the
Property shall be in fee simple, good and marketable and
insurable as such at regular rates by any title insurance
company licensed to write title insurance in the
Commonwealth of Pennsylvania selected by-Buyer.
(c) In the event Buyer's title insurance company is
unable to insure the adequacy of the legal description of
the Property without a survey, upon written notice of
Buyer to Seller, Buyer shall prepare or have prepared, at
Buyer's sole cost and expense, a survey of the Property.
(d) In the event title in accordance with this
Agreement cannot be conveyed by Seller, Buyer shall have
the option of taking such title as Seller can give,
without abatement of price except as to monetary lien or
liens, or, in the alternative, of terminating this
Agreement, whereupon neither party shall have any further
rights, duties or obligations under this Agreement.
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Seller shall discharge all monetary liens against the
Property on or before Closing hereunder.
(e) The Property as described herein shall be
conveyed by Seller to Buyer by good and sufficient
special warranty deed in form satisfactory to Buyer and
Buyer's legal counsel.
S. BUYER I S CONDITION PRECEDENT. Buyer's obligat ion to
perform the terms and conditions set forth in this Agreement and
conclude the transaction contemplated by this Agreement is
specifically contingent upon Buyer's determination, in its sole and
absolute discretion, that the Project, hereinafter defined, is
feasible for construction and development on the Property.
For purposes of this paragraph, "Project" shall mean receipt
by Buyer of all local, state and federal permits and approvals,
valid beyond any applicable appeal period, sewer authority approval
and adequate sewer capacity for the lawful and permitted
development and construction of approximately ninety- seven (97)
residential units, including the Traver Lot and Residence,
hereinafter defined, as a permitted use on the Property as it is
currently zoned in accordance with the Zoning Ordinance of Hampden
Township. Buyer promises that it will be diligently pursue
obtaining all approvals and clearances covered by this paragraph.
9. CLOSING. Unless this Agreement is terminated as herein
or hereinafter provided, Closing under the terms and conditions of
this Agreement shall occur within thirty (30) days of Buyer's
obtaining all approvals and permits for completion of the Project;
provided, however, subject to Buyer's obtaining all such approvals
11
and permits for development and construction of the proj ect,
Closing shall occur on or before July 31, 2003; provided, however,
so long as Buyer is diligently pursuing all permits and approvals
for development and construction of the Project, Buyer, at its sole
option, may extend the Closing for an additional one hundred twenty
(120) days from July 31, 2003 ("Closing Extension"); provided,
further, however, that Buyer shall deposit an additional Ten
Thousand Dollars ($10,000.00) with the Escrow Agent in
consideration of the exercise of the Closing Extension.
10. COSTS. Seller and Buyer shall each pay one-half (~) of
any realty transfer tax or equivalent tax. Buyer shall pay for any
recording charges associated with the new deed and such other
charges normally assessed against Buyer as are customary in
Cumberland County real estate transactions. Each of the parties
shall be responsible for and shall pay all of their own expenses
incurred in connection with this Agreement and the transaction
contemplated hereby, including, without limitation, all legal fees
and other expenses incident to the negotiation and preparation of
this Agreement. Seller represents and warrants to Buyer that
Seller has entered into no written or other agreements with respect
to any brokers or agents which would give rise to a claim for any
commissions with respect to the transaction contemplated by this
Agreement and agrees to indemnify and hold harmless Buyer with
regard to any fees, commissions or other compensation claimed by
any broker in connection with Buyer's purchase of the Property.
Buyer represents and warrants to Seller that Buyer has entered into
no written or other agreements with respect to any brokers or
12
agents which would give rise to a claim for any commissions with
respect to the transaction contemplated by this Agreement and
agrees to indemnify and hold harmless Seller with regard to any
fee~, commissions or other compensation claimed by any broker in
connection with Seller's sale of the Property.
Seller shall bear
sole responsibility for the payment of, and shall pay at Closing,
any and all "rollback" taxes with respect to the Property and
arising by virtue of the enrollment of the Seller's real estate in
the "Clean and Green" Program.
11. PRORATION. Buyer and Seller, by charge or credit against
the purchase price, shall prorate the following to Closing with all
charges accruing up to and including the date of Closing being
charged to Seller:
(a) All current and non-delinquent real property
taxes covering the Property for the current tax year
apportioned on a fiscal-year basis as if paid at the
discount rate, with the exception of any "rollback" taxes
which shall be Seller's sole responsibility.
(b) Current municipally supplied service charges.
(c) Utilities, to the extent utilities cannot be
terminated and charged to Seller as of Closing and
service commenced and charged to Buyer from and after
Closing. All security deposits of Seller for utilities,
if any, shall be refunded directly to Seller by the
holders thereof. Buyer, as of the Closing, shall make
its own arrangements for the uninterrupted provision of
essential or desired utility services.
13
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12. ASSIGNMENT. This Agreement and all interests of Buyer
herein are not assignable by Buyer without permission or consent of
Seller, which permission or consent will not unreasonably be
withheld.
13. DEFAULT BY SELLER. If Seller defaults in the performance
of the terms of this Agreement, the Deposit shall be returned to
Buyer and Buyer may, at its option, exercise such remedies as it
may have against Seller either at law or in equity, including the
remedy of specific performance.
14. DEFAULT BY BUYER. If Buyer defaults in the performance
of the terms of this Agreement other than on the basis of
Paragraph 8 (BUYER'S CONDITION PRECEDENT) herein, the Deposit shall
be retained by Seller as Seller's sole and exclusive remedy.
15. DUE DILIGENCE. Buyer shall have until 5:00 p.m. on
August 30, 2002 (" Feasibility Period") to conduct due diligence
investigations and analyses of the Property and all information
pertaining to the Property. Buyer, in its sole discretion, shall
have the right to extend the Feasibility Period for an additional
sixty (60) days by providing written notice thereof to Seller prior
to the expiration of the Feasibility Period ("Extended Feasibility
Period"). Buyer shall have the right to enter upon the Property to
investigate all aspects of the Property, to include but be not
limited to title matters, zoning, subdivision and use restrictions,
environmental matters, engineering and structural matters, land use
and feasibility studies, utilities availability studies, drainage,
access, sewer and such other investigations as Buyer, in its sole
14
.
discretion, may desire to determine the feasibility of acquiring,
developing and constructing the Project on the Property.
Any entry by Buyer, or Buyer's agents, contractors or
employees, onto the Property shall be subject to the following
conditions:
(a) Each such entry shall be at Buyer's sole cost
and expense;
(b) Such entry shall not constitute a taking of
possession by Buyer;
(c) Buyer shall return the Property and each test
location thereon, if any, to its original condition;
(d) Neither Buyer nor any of its agents or
contractors shall suffer or cause any liens or
encumbrances against the Property arising from such
activities; and
(e) Buyer agrees to indemnify and hold harmless
Seller from any damages or liability to persons or
property that might arise from its entering upon the
Property or performing tests on the Property.
If Buyer, in is sole discretion, determines that it does not
desire to acquire the Property, with or without reason, and
notifies .seller and/or Escrow Agent on or before the last day of
the Feasibility Period of its election to terminate this Agreement,
the Deposit shall be returned to Buyer, this Agreement shall
thereupon become void, and there shall be no further obligation or
liability on the part of either of the parties hereto one to the
other. For purposes of this paragraph, the escrow of the Deposit
15
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during the Feasibility Period shall be a "sole order" escrow for
the benefit of Buyer (meaning that the holder of the Deposit, the
Escrow Agent, shall act solely in accordance with the instructions
of Buyer until the expiration of the Feasibility Period). Without
limiting the generality of the foregoing, in the event that, on or
prior to the expiration of the Feasibility Period, Buyer delivers
notice to either Seller or Escrow Agent stating that Buyer has
elected to terminate this Agreement pursuant to this paragraph,
then Escrow Agent shall refund to Buyer the Deposit without any
requirement that Escrow Agent first notify or obtain any approval
or consent of Seller. In furtherance of the foregoing, in the
event Buyer so instructs Escrow Agent on or prior to such date and
time, Escrow Agent agrees that it shall not be permitted to, and
shall not, follow any conflicting instructions given by Seller or
any third party as to the disposition of the Deposit but shall,
instead, follow only the instructions of Buyer in connection
therewith. Seller agrees in such instance not to deliver any
conflicting instructions to Escrow Agent for any reason and hereby
instructs the Escrow Agent to act in respect of the Deposit solely
in accordance with Buyer's instructions on or prior to such date
and time, including instructions of Buyer to return the Deposit to
Buyer. If Buyer does not so terminate this Agreement pursuant to
the provisions of this paragraph, then Buyer acknowledges and
agrees that, at the end of the Feasibility Period, the Deposit
shall become nonrefundable (except as otherwise specifically
provided herein), but shall be applicable to the purchase price.
16
16. TAX DISPUTES. Seller shall notify Buyer of any new tax
assessment or assessments regarding the Property. Seller shall
notify Buyer of any tax assessment disputes (pending or threatened)
prior to Closing and shall not agree to any change in the real
estate tax assessment, and shall not settle, withdraw or otherwise
compromise any pending claims with respect to prior tax assessments
without Buyer's prior written consent. Seller and Buyer agree
that, from and after the execution and delivery of this Agreement,
Buyer shall have the right to appeal the current or any proposed
tax assessment of each tax parcel comprising the Property. Buyer
shall consult with Seller prior to filing tax appeal documents and
shall afford Seller reasonable advance notice prior to any public
hearings or proceedings at which said appeal will be considered.
Seller agrees that Buyer may file such appeals in its name or in
Seller's name, as may be required, and Seller shall cooperate with
Buyer in the prosecution of such appeal.
17. PRE-CLOSING AND POST-CLOSING OBLIGATIONS OF SELLER AND
BUYER REGARDING TRAYER REPLACEMENT RESIDENCE. Seller and Buyer
shall execute at Closing such documents as may be reasonably
required to confirm the following pre-Closing and post-Closing
alternative obligations regarding replacement of the Grace P.
Trayer residence located on the Property:
(a) Traver Lot and Residence. Within sixty (60)
days prior to Closing, Seller shall select one (1) lot of
approximately one (1) acre in size, which lot shall
encompass the location of the present Trayer House
Trailer and the well which is located near the Trayer
House Trailer (the Trayer Lot). Within thirty (30) days
17
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prior to Closing, Seller shall select a house and floor
plan for the Residence from among the prototype plans
which Buyer builds for its purchasers. Buyer agrees to
construct a personal residence for Seller upon the Trayer
Lot, which construction and basic landscaping shall be
completed within one hundred eighty (180) days of
Closing. The cost of the Trayer Lot shall include all
associated land cost, site costs such as engineering,
interest, supervision and overhead and corporate general
and administrative expenses prorated on the basis of the
total costs of phase I of the proj ect with the total
number of lots within Phase I of the Project. The
residence shall be constructed at Buyer's cost, which
cost shall include labor, materials, supervision and
overhead and corporate general and administrative
expenses. The actual cost of the residence and Trayer
Lot shall not exceed Two Hundred Thousand Dollars
($200,000.00); provided, however, if and in the event the
cost of the residence and Trayer Lot exceeds the amount
specified herein calculated in accordance with the
provisions hereof, Seller shall pay to Buyer, upon
demand, but, in any event, prior to the issuance of a
certificate of occupancy for the Trayer Lot and
Residence, the amount of such overage; provided, further,
however, if and in the event the cost of the residence
and Trayer Lot is less than the amount specified herein
calculated in accordance with the provisions hereof,
Buyer shall refund such amount to Seller upon demand.
18
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The landscaping shall be to the same extent as Buyer
would provide for any other residence built or to be
built by it in the Project. Upon completion of the
improvements erected or to be erected upon the Trayer Lot
and payment, if any, by Seller to Buyer of any cost
overage, Buyer shall deliver fee simple title to the
Trayer Lot and Residence to Seller by deed of special
warranty. Title to the Trayer Lot and Residence shall be
free and clear of all liens, encumbrances, easement s,
restrictions and objections, except state legislative
acts and local ordinances and such easements,
restrictions, easements for abutting streets and
privileges of rights of or for utilities as do not
interfere with the use of the Trayer Lot and Residence
for Seller's intended use. Excepting only as set forth
above, title to the Trayer Lot and Residence shall be in
fee simple, good and marketable and insurable as such at
regular rates by any title insurance company licensed to
write title insurance in the Commonwealth of Pennsylvania
selected by Seller. At the time of conveyance of the
Trayer Lot and Residence, realty transfer taxes shall be
divided equally by and between Seller and Buyer and
Seller and Buyer shall pay such other closing costs as
may be customary in residential real estate transactions
in Cumberland County; or
(b) Alternate Residence. If and in the event
Seller chooses not to remain in the Project and elects to
move outside of the Project ("Alternate Residence"),
19
. .
, .
Buyer shall pay to Seller the lesser of (1) the purchase
price of the alternate residence, or (2) Two Hundred
Thousand Dollars ($200,000.00) conditioned upon the
happening of the following events:
(i) Seller provides Buyer with a fully
executed agreement for the Alternate Residence
("Alternate Residence Agreement") within
thirty (30) days of the date of Closing;
(ii) The Alternate Residence Agreement
provides for closing on or before the
expiration of one hundred eighty (180) days
after Closing on the transaction contemplated
by this Agreement; and
(iii) Closing upon the transaction
contemplated by this Agreement is completed.
The provisions of this paragraph shall survive Closing.
18. POST-CLOSING OBLIGATIONS OF BUYER AND THIRD PARTIES.
Buyer and any affected third party shall execute at Closing such
documents as may be reasonably required to confirm the following
post-closing obligations:
(a) Traver House Trailer. Seller and Buyer
acknowledge that there is a house trailer located on the
Property which belongs to Thomas and Linda Trayer
("Trayer") and is currently occupied by them. Trayer
shall be permitted to continue to occupy the house
trailer after Closing, pending issuance of the occupancy
certificate or equivalent certificate for Seller's
residence pursuant to Paragraph 17 (a) (The Trayer Lot and
20
"
Residence herein), or closing by Seller pursuant to
Paragraph 17 (b) (The Alternate Residence herein). Trayer
does NOT wish to keep the house trailer and shall vacate
the house trailer within fifteen (15) days after issuance
of the occupancy certificate or closing on the Trayer Lot
and Residence or The Alternate Residence referenced
above. Buyer will be responsible for disposing of the
house trailer at Seller's expense which, upon disposal,
Seller shall pay to Buyer upon demand. Buyer and Seller
shall cooperate one with the other to determine the most
economical and feasible manner to dispose of the house
trailer.
The provisions of this paragraph shall survive Closing.
19. MISCELLANEOUS PROVISIONS.
(a) Exhibits and Schedules. The exhibits to this
Agreement shall be deemed to be incorporated herein by
reference and made a part hereof as if set out in full
herein.
(b) Headinqs. The headings contained in this
Agreement are included for purposes of convenience only
and shall not be considered a part of this Agreement in
construing or interpreting any provision hereof.
(c) Entire Aqreement. This Agreement and the
exhibits and documents delivered pursuant hereto
constitute the entire agreement between the parties
hereto, pertaining to the subject matter hereof, and
supersede all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether
21
.
,
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. No supplement,
modification or waiver of this Agreement shall be binding
unless executed in writing by the parties to be bound
hereby.
(d) Notices.
All notices, requests, demands and
other communications required or permitted to be given or
made under this Agreement shall be in writing and shall
be deemed to have been given on the date of delivery
personally or of deposit in the United States mail,
postage prepaid, by registered or certified mail, return
receipt requested, or by facsimile transmission deemed to
have been given on the date of transmission, addressed as
follows or to such other person or address as either
party shall designate.
To Seller: William H. Trayer, III, Attorney-in-
Fact for Grace P. Trayer, widow
1717 Warren Street
New Cumberland, PA 17070
with copy to: S. Berne Smith, Esquire
107 North 24th Street
Camp Hill, PA 17011
Fax No. (717) 737-6783
To Buyer: Mark X. DiSanto
5351 Jaycee Avenue
Harrisburg, PA 17112
Fax No. (717) 657-8125
James Grandon, Jr.
Jack Gaughen Realtors
3899 Market Street
Camp Hill, PA 17011
Fax No. (717) 761-0824
22
..
. ,
, .
With copy to: F. R. Martsolf, Esquire
Serratelli, Schiffman, Brown &
Calhoon, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Fax No. (717) 540-5481
(e)
Governinq Law.
This Agreement shall be
interpreted in accordance with the
laws
of the
Commonwealth of Pennsylvania.
(f) survival of Provisions. The provisions of this
Agreement shall survive the Closing.
(g) Counteroarts. This Agreement may be executed
by the parties in counterparts, all of which shall be
deemed to constitute one agreement.
(h)
Severabilitv of Provisions.
If any provision
of this Agreement or the application thereof to any
person or circumstances shall to any extent be held in
any proceeding to be inval id or unenforceable, the
remainder of this Agreement, or the application of such
provision to persons or circumstances other than those to
which it was held to be invalid or unenforceable, shall
not be affected thereby, and shall be valid and be
enforceable to the fullest extent permitted by law, but
only if and to the extent such enforcement would not
materially and adversely frustrate the parties' essential
objectives as expressed herein.
(i)
Cooperation.
Buyer and Seller shall execute
all such documents and instruments as may be reasonably
required in order to consummate the purchase and sale
herein contemplated and shall use best efforts to
23
.
. !!)
, ,
accomplish the Closing of the transaction contemplated
herein in accordance with the terms and conditions of
this Agreement.
(j) Recordation,
Buyer, at its discretion, may
record this Agreement or memorandum thereof in the Office
of the Recorder of Deeds in and for Cumberland County.
Seller shall execute such documents as Buyer may
reasonably require to accomplish recordation. Provided,
however, that, if this Agreement is abrogated for any
reason whatsoever, Buyer shall, within thirty (30) days
of the abrogation, record in the Office of the Recorder
of Deeds in and for Cumberland County a further
memorandum, referencing this Agreement, if recorded, and
stating that the Agreement has been abrogated and is no
longer in effect.
IN WITNESS WHEREOF, intending to be legally bound hereby, the
parties hereto have executed this Agreement the day and year first
above written.
WITNESS:
/1ft
~
WITNESS:
-..
SELLER:
BYJ1~~~7TT
William H. Tray r, III, Attorney-
in-Fact for Grace P. Trayer, widow
BUYER:
l(f1aJ X. ~~~
Mark X. DiSanto
.~dfn:~~~
24
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CONSENT
The undersigned, by its duly authorized officer, in its
capacity as Escrow Agent, hereby consents to the terms and
conditions of this Agreement.
SECURED LAND TRANSFE~, NC.
By
CONSENT
The undersigned, adult individuals, hereby consent to the
terms and conditions of this Agreement.
WITNESS
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homas N.
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DEED
THIS INDENTURE made this ~./ day of March, 2003,
BETWEEN Grace P. Trayer, a widow, (hereinafter referred to as Grantor), AND
Mark X. DiSanto and James Grandon, Jr., in their individual capacities, as Tenants in Common,
(hereinafter referred to as Grantees),
WITNESSETH that in consideration of One and 00/100 ($1.00) Dollar lawful money of
the United States of America in hand paid by the said Grantees, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and
convey to the said Grantees, their heirs and assigns, as Tenants in Common:
All that certain lot or tract of ground situate in Hampden Township, Cumberland County, P A,
more particularly bounded and described as follows, to wit:
Beginning at aPKnail on the centerline ofOrr's Bridge Road at lands N/F of Paul Gill, DB 51, Pg
51; thence along said centerline S29-04-39E 62.00 feet to a PK nail at lands N/F of Michael J.
Eckert, DB 250, Pg 3476; thence along said lands and lands N/F of Michael E. Stoner, DB 27-D-90,
S83-27-21 W 520.06 feet to a pin; thence along said lands of Stoner S26-42-29E 459.65 feet to a pin
at lands N/F ofVerlin and Barbara Curtis, DB 31-N- 707; thence along said lands of Curtis S 14-57-
29E 209.00 feet to a pin at lands N/F of Hampden Township Sewer Authority, DB 29-H-193; thence
along said lands of the sewer authority N74-27-29W 363.80 feet to a pin; thence along the same
N88-l2-29W 157.50 feet to a pin; thence along the same and along lands N/F of Steven J. Sebastian,
DB 132, Pg 814, S80~52-47W 405.93 feet to a pin; thence along said lands of Sebastian N08-15-
32W 69.28 feet to a pin; thence along the same S79-29-01 W 243.76 feet to a pipe at lands N/F of
Manuel McDilda, DB 33-0-213; thence along said lands ofMcDilda S79-08-42W 199.83 feet to a
pipe; thence along the same S08-37-l0E 107.86 feet to a pin; thence along the same and along lands
N/F of Cory Eisenhower, DB 3l-B-113, S75-00-55W 263.04 feet to a pin; thence along said lands
of Eisenhower S50-27-53W 46.57 feet to a pin; thence along the same N62-07-07W 157.60 feet to
a pipe; thence along the same and along lands N/F of James Grandon, DB 34- T -346, and through
Sears Run and through an existing sanitary sewer S33-07-53W 168.00 feet to a point; thence along
said lands of Grandon N2l-27-29W 571.00 feet to a point; thence along the same and through Sears
Run and through said existing sanitary sewer N05-27 -29W 610.00 feet to a point; thence along and
through the same N14-12-29W 295.14 feet to a point; thence along the Final Subdivision Plan #10,
."
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Ridgeland, PB 40, Pg 15, and through Sears Run and through said existing sanitary sewer N75-35-
13E 390.95 feet to a pin; thence along the same N60-35-13E 139.00 feet to a pin; thence along the
same and along the Final Subdivision Plan #9, Ridgeland, PB 23, Pg 59, N81-12-06E 560.85 feet
to a pin; thence along said Final Subdivision Plan #9, N81-05-I3E 385.87 feet to a pin at the Final
Subdivision Plan #2, Richard 1. Greene, PB 32, Pg 14, SI0-22-37E 179.18 feet to a concrete
monument; thence along said Final Subdivision Plan #2 and along WilIcliff Drive N80-15-30E
111.51 feet to a concrete monument at the Preliminary/Final Subdivision Plan for Golfview, PB 55,
Pg 49-A; thence along said plan for Golfview S26-42-30E 144.01 feet to a concrete monument;
thence along the same N83-27-21E 516.52 feet to a PK nail on the centerline of Orr's Bridge Road,
being the place of beginning.
Containing 56.84 acres. The description was based upon a survey by Louis J. Harford, P.L.S., dated
February 19,2003.
Being the same premises which The Second National Bank of Mechanicsburg, P A, a corporation
duly organized and existing under the laws of the United States of America by its deed dated June
26,1946, and recorded in the office of the Recorder of Deeds in and for Cumberland County, PA,
granted and conveyed unto William H.Trayer and Grace P. Trayer, his wife. William H. Trayer died
on March 24, 1979, whereby title vested in Grace P. Trayer as surviving Tenant by the Entirety.
TO HAVE AND TO HOLD the said premises unto the said Grantees, their heirs and assigns, to
and for the only proper use and behoof of Grantees, their heirs and assigns forever.
AND the said Grantor does covenant, promise and agree, that she will SPECIALLY WARRANT
and forever DEFEND the property hereby conveyed.
IN WITNESS WHEREOF the undersigned Grantor has executed this Deed as of the day and year .
first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
GRANTOR:
Grace P. Trayer
L~~~
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Grace P. Trayer
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
On this the~day of M IlJ'm , 2003, before me, the undersigned
\
officer, personally appeared the above named Grace P. Trayer, Grantor, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing Indenture, and
acknowledged that she executed the same for the purpose therein contained, and desired the same
might be recorded as such, according to law.
In witness whereof, I have hereunto set my hand and official seal.
/'"
Notarial Seal
Stephanie E. Witmer, Notary Public
Hampden Twp., Cumberland COlUl.ty
My Commission Expires July! 28, 2005
Member, PennsylvanIa Association of Notaries
I certify that the precise residence and correct addresse 'of one of the within Gran
Mr. Mark X. DiSanto, Esq.
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg,PA 17112
S teph
COM:MONWEALTH OF PENNSYL
: SS.
COUNTY OF CUMBERLAND
Recorded in the Office for Recording of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book No.
Page
Witness my hand and seal of Office this
day of , Anno domini 2003.
Recorder
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F. R. MARTSOLF
(717) 540-9170, Ext. 130
fmartsolf@ssbc.law.com
SUITE 201
2080 liNGlESTOWN ROAD
HARRISBURG, PA
17110-9670
FAX (717) 540-5481
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March 4, 2003
02-273
S. Berne Smith, Esquire
1q7 North 24th Street
Camp Hill, PA 17011
Re:
Property:
Trayer Farm
Hampden Township
Cumberland County
Silver Brook
Trayer
DiSanto/Grandon
March 4, 2003
Post-Closing Letter Agreement
Development:
Seller:
Buyer:
Closing Date:
Subject Matter:
Dear Berne:
This letter sets forth our agreement with regard to
certain post-closing obligations of the parties to that
certain Real Estate Purchase Agreement dated June 21, 2002
(" Agreement") regarding the proj ect referenced above. This
correspondence. is executed by us in our respective
capacities representing, on my part, Mark X. DiSanto and
James E. Grandon, Jr., and, in your capacity, representing
Grace P. Trayer, Thomas N. Trayer and Linda J. Trayer.
This letter agreement relates to the following:
(1) Noncompliance with Paraqraph 3 (f) of the
Aqreement. Seller is in default under the terms and
conditions of Paragraph 3 (f) of the Agreement in
failing to remove junk cars, trash and barrels prior
to Closing.
(2) Compliance with Paraqraph lS(a) of the
Aqreement. Thomas Trayer and Linda Trayer, on and
after Closing, continue to reside in the house trailer
located on the Property as defined in the Agreement.
Paragraph 18(a) of the Agreement provides that Buyer
will be responsible for removal of the house trailer
at Seller's expense. Buyer may remove the house
trailer after Closing upon reasonable notice to Thomas
and Linda Trayer.
(3) Compliance with Paraqraph 17(a) of the
Aqreement. Buyer's and Seller's obligations set forth
in Paragraph 17 (a) of the Agreement shall survive
closing. Seller has selected Lot #1 as the Trayer Lot
as defined in the Agreement. Attached hereto and
marked as Exhibit "A", initialed by both Buyer and
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S. Berne Smith, Esquire
March 4, 2003
Page 2
Seller, is the plan for the residence to be erected on
the Trayer Lot setting forth the agreed-upon cost for
the residence to .be constructed.
(4) Escrow Deposit!Compliance with Obliqations.
To ensure Seller I S compliance with the financial
obligations imposed in paragraphs (1), (2) and (3)
above, the Purchase Price set forth in the Agreement
shall be reduced by the amount of $35,000.00 to be
held in escrow by Triple Crown. Corporation, rnc.
("Escrow Deposit"). The E"crow Deposit shall be
disbursed in accordance with the terms and conditions
of the Agreement. To the extent the Escrow Deposit is
insufficient to fund Seller's financial obligations as
provided in the Agreement, Seller, upon receipt of
invoices detailing Buyer's expenditures, shall pay to
Buyer, upon demand, the shortfall. To the extent the
Escrow Deposit is in excess of amounts required to
comply with the terms and conditions of the Agreement,
the balance of the Escrow Deposit shall be refunded to
Seller.
The provisions
closing.
7/7 ~~
,
By
survive
Date
Attorney for Mark X. DiSanto and
James E. Grandon, Jr.
Date
3 / LjJ 03
. .
AJ. E~ 4-irl
S. Berne Smith
By
Attorney for Grace P. Trayer,
Thomas N. Trayer and Linda J.
Trayer
FRM/ner
cc: Mark X. DiSanto, Esquire
MAR-03-2003 09:26
TRIPLE CROWN CORPORATIOr~
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P,02
5351 Jaycee Avenue
Harrisburg, PAl 7112
www.triplecrowncorp.com
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TRIPLE CROWN CORPORATION
Developers + Builders. Managers
(717) 657-5729
FAX (717) 657-8125
PROPOSAL
PROPOSAL Sl1BMI1TED TO:
TIlE 1RA YER'S
STREET TRAYER STREET
TRA YRR LANEIHOMESITR #1 C/O SILVER BROOK
ClIY, STATE AND ZIP CODE
MECHANICSBURG. P A
ARCHITECT
TRIPLE CROWN CORPORA nON
We hereby submit spedficRtions and estimates for a new build home::
CUSTOM "COLONIAL PEARL"
PHONE NUMBER
761-6483/787-3065 x 2
DATE
2.28-2003
OPTIONS:
CUSTOM 1 Sf FLOORIMAIN LEVEL MASTER SUITE/ON SLAB
BASEMENT TO FEATURE A BILCO DOOR ENTRANCE-LOCATION TBD (IN ABOVE COST)
NATURAL GAS FIREPLACE W/MARBLE AND MANTI.E
TETrED2NtlFl.OOR MASTERBA1H
WELL HOOK-UP FOR 2Ntl WATER SOURCEIHOSES
HOMESITE n
LAND COST
S CO
We propose hereby to furnish mRteriRI Rnd labor -complete in accordance with above specifications, for the sum of:
Dollars($_210,539.00 l.
PRyment to be 7TUlde as follows:
All material is guaranteed '0 be as specified. All work '0 be completed in a substantial ,workmanlike manner according 10 speciJicatlons submitted per
standard practices. Any alteration or deviation form above specifications involvin8' extra costs will be executed only upon written orders, and will
became an extra charge OVer and above the estimate. All agreements con'ingen' upon strikes, accident>, or delays beyond our control Owner to carry
fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance.
Note: This proposal may be withdrawn by us if not acc:eJ:'ted within
days.
Authorized Signa tore:
Acceptance of Praposal_ The above prices, specifications and conditions are satisfactory Rnd are hereby accepted. You are authorized
ta do the work as specified. Payment will be made as outlined above.
Date of Acceptance:
"!>_ 4 ~ 03
5 . #l~
:gna,~re:. . ':::J
Sf.gn4ture:
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.5/17/01
Page No. /
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ADDENDA TO AGREEMENT OF SALE
Agreement for the Sale and Purchase of Real Estate by and between r;; /<,I'IC<5 I'. ;-,.<! 14)' 51?
IltJP/O/l THOMAS AND LINDA TRAYER
the Buyer(s), and Triple Crown Corporation, the Seller, dated 8-13-03
. concerning the real property commonly known as TRAYER LANE Mechanicsbur!<. P A 170Se.,
which is home-site No. #_1_ / Phase #_l_in "Sl1ver Brook", a planned community.
ADDENDUM "A" - PROCEDURES
The undersigned Buyer and Seller hereby agree to the following:
1. Buyer understands and agrees that Buyer will deliver to Seller a signed, dated and
completed copy of the Addendum B (Construction Order Form with Selections) within
21 days of contract acceptance. If the Addendum B Custom Home Worksheet is not
presented within the allotted time frame to Triple Crown Corporation, the house will
not be started and all construction planning will cease until the Addendum B is
submitted.
NOTE: TIllS HAS BEEN COMPLETED.
2. If Buyer does not perform his obligations under paragraph 1 hereof, Buyer then agrees
to move the settlement date back one (1) working day for each and every day
Addendum "B" is not executed within the prescribed time frames.
3. All changes to the property, addenda, contingencies, extras, or special requests,
whether incorporated in the contract or not, will be executed or re-executed on Triple
Crown Corporation's Change Orders and signed by both paliies. NO CHANGE WILL BE
MADE ON THE lOB UNTIL FULL PAYMENT FOR THAT CHANGE HAS BEEN RECEIVED
BY TRIPLE CROWN CORPORATION. ALL BUYER ORIGINATED CHANGE ORDERS
RECEIVED AITER THE ORIGINAL CONTRACT DATE WILL BE SUBIECf TO A $250.00
ADMINISTRATIVE FEE. The Buyer will have $1,000.00 to use as a "change-exchange"
credit for change orders. Triple Crown Corporation will refund to the buyer any
unused portion of this $1,000.00 change credit at Buyer's settlement. Triple Crown
Corporation reserves the right to adjust the settlement date in a reasonable manner to
accommodate completion of said Change Order.
4. Buyer hereby acknowledges receipt of the Declaration of Covenants, Conditions and
Restrictions for "Silver Brook". Buyer further acknowledges that the builder
representative has explained that buyer will be bound by the Declaration of Covenants.
::;. :Ctl}Gl ....llauJlay,gr ~t:l.d agrees tLal ~.I.lJ \.-^'-'aYa.L~vH Lv lvL 41..-'-l.U.~I..~jjo fll.,ock lUue.~al" '.\4,U
13e zLa1.o,-,J tv LL(. LLofoJGl a.t $25:.00 fl0r cbIbie Ja.I.J 4;:> an t:XLl.a tu Ll.\.. 1".-0nhaet. , '2-4 J _
frEA nep'~'<:.II4rIQ,'" A-c,:,<t,.'cI'ntF~oj' (.JI~ 11/13/113, rO':/-'L /,I\l(.tt 1.1' ,J4cJ..1,~
6. Due to township building codes, future finished basements that do not have a means of
egress may be required to do so by code. Check with your realtor or township for the
necessary requirements. An approved means of egress would be a biIco door, escape
window well or exposed walkout basement if the building site allows.
NOTE: BILCO DOOR IS INCLUDED IN HOME PLAN
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED r;/Jlrf ~
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ADDENDUM "B" - SELL _'ION SHEET ON SEPARATE DOCUMh,J'
Buyer(s) will have 21 days from contract acceptance to complete all selections on home.
Note: Done and received by Triple Crown Corporation/attached
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED r!?1/ ~
h, i h f1; }J/fI
ADDENDUM "C"-CUSTOM HOME PLAN DEVELOPMENf PROCEDURES
The undersigned Buyer and Seller hereby agree to the following:
Buyer herewith acknowledges that the following procedures shall be adhered to as they apply to home plan design
and modifications: '
AlL CUSTOM HOME PLANS (NON TRIPLE CROWN HOME PLANS) WILL BE SUBJECT
TO A $1,000.00 DEPOSIT FOR TRIPLE CROWN TO DRAW THE CUSTOM PLANS. IF BUYER
ENTERS INTO A CONSTRUCTION AGREEMENT WITH TRIPLE CROWN CORPORATION, THE
$1,000.00 WILL BE CREDITED TOWARDS THE BUYERS DOWN PAYMENf/CLOSING
COSTS. IF THE BUYER DOES NOT ENTER INTO AN AGREEMENf WITH TRIPLE CROWN TO
CONSTRUCT THE HOME, THE $1,000.00 WILL BE REFUNDED AND TRIPLE CROWN WILL
KEEP TIlE CUSTOM PLANS OR BUYER CAN OBTAIN ANY DRAWINGS DONE AS OF RELEASE
AND TRIPLE CROWN CORPORATION WILL KEEP $1,000.00 CUSTOM PLAN DEPOSIT.
I. INITIAL CONSULTATION MEETING 1.-2 HOURS/NO CHARGE
TRIPLE CROWN CORPORATION REPRESENfATIVES AND HOME BUYER(S)
Z. PLAN REVIEW AFTER CHANGES 1 HOUR/NO CHARGE
TRIPLE CROWN CORPORATION REPRESENfATIVES AND HOME BUYER(S)
3. PLAN FINALIZATION 1 HOUR/NO CHARGE
TRIPLE CROWN CORPORATION RESPRSENfATlVES AND HOME BUYER(S)
ANY ADDITIONAL TIME OR MEETINGS WILL BE BILLED AT $100.00 PER HOUR. EXTRA
SETS OF HOME PLANS WILL BE BILLED AT $150.00 PER SET.
CHANGES AITER START OF CONSTRUCTION WILL ALSO REQUIRE PAYMENT IN FULL
(SEE ADDENDUM "A" REGARDING PROCEDURES). PLANS WILL BE REPRODUCED IF
NECESSARY AND BUYER WILL BE CHARGED $10.00 PER PAGE.
The above if not applicable-Triple Crown plan has been chosen and
customization already done. Plan is attached.
ADDENDUM "D" - NOTICE REGARDING RADON GAS
Seller will construct and provide piping under the concrete slab which will be capped for
availability for a future connection to an exhaust system if desired by Buyer should it be
determined that Radon level exceeds safe limits. TIle expense and installati0l1 of any such
"
ADDENDUM "E" - INSPECTIONS
The undersigned Buyer and Seller agree to the following:
WHEREAS Buyer understands and agrees that, due to constraints placed upon Seller and its
insurance carrier, Buyer will not enter the above premises during the construction period and
agrees to the following:
1. Buyer will be contacted by Seller's representative to schedule the following construction
inspections and Buyer will be accompanied on the job site by Seller's representative
during said inspections and strictly adhere to Triple Crown Corporation's Safety
Policies and Procedures: All meetings will be held at 10 AM on the scheduled day.
a. A pre-construction meeting held and conducted by Superintendent with buyer(s),
Community Manager and Design/Estimating to confirm correctness on all details of
the house, if applicable.
a. Note: this has been donelinitialed plan attached.
b. Inspection scheduled and conducted by Project Supervisor at completion of
Framing, Rough Plumbing, Rough Electric and Insulation and prior to drywall, if
applicable;
c. Inspection at Final completion/Home Orientation scheduled by the Marketing
Department and conducted by the Construction Manager (or Management
Representative) .
2. Seller may at his sole discretion extend the settlement date 30 days without penalty or
, cause of action for damages by Buyer.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
~
APPROVED {''YJt.1
ijllh YlJ .)j/?f
ADDENDUM "F' - LIMITED WARRANTY ACKNOWLEDGMENT
The only warranties provided by the Seller are those expressly provided for in this
Addendum "F'.
Buyer hereby acknowledges receipt of Triple Crown Corporation's Limited Warranty
Policy and Warranty Standards Booklet which provides a full and complete description
of the standards applicable to Seller's limited one year warranty.
Other than the limited one-year warranty subject to the applicable standards set fOlih
in the Warranty Booklet Seller hereby offers and is selling the property in an "as is"
condition.
Buyer has been advised by Seller's Agent that Triple Crown Corporation will purchase
an additional ten year limited warranty on Buyer's behalf.
BY EXECUTION vT TIllS AGREEMENT, BUYER ACCEPTS sELLER'S ONE-YEAR llMITED
WARRANTY SUBJECT TO mE srANDARDS APPIlCABLE IN mE WARRANTY STANDARDS
BOOKIEf AGREES TO mE TERMS AND CONDmONS 1HEREIN. BUYER AGREES TIiAT
EXCEFf AS SET FOlITH ABOVE, THERE ARE NO WARRANTIFS OR REPRESENfATIONS OF ANY
KJND, EXPRFSSED OR IMPLIED INCLUDING BUT NOT UMITED TO MERCHANrABll1IY,
HABITABllIIY, OR FfINESS FOR A P AImCULAR PURPOSE.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVED d/{J 4-i
/t1,r,)1Ij .~f4
Note: Warranties are enclosed for receipt.
ADDENDUM "G" - PRE-QUALIFICATION/START FEE
The undersigned Buyer and Seller hereby agree to the following:
1 . Buyer understands and agrees that inespective of the contract settlement date, Buyer will deliver to
Seller a Jetter from Buyer's proposed lender indicating Buyer's F'le-Qualification for the mortgage loan
indicated in Buyds conh-act within ten (10) days of the Agreement of Sale date.
2. Buyer agrees to place a non-refundable sIlu.i fee in the 11111Ol.U1t of 5% of the pmchase ]?lice of the home on
account with Triple Ciuwn Col1:orlllion, Seller. Said fee will te applied to the purchase ]?lice of the subject
property at the time of rettlement In the event that settlement dces not ocrur due to a fuilure to p:rb.m on
the pni of the Buyer, said fee will te b.feited in full to Tliple Crown Corponmon as liquidated damages.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APPROVEDr1J(d ~
IMhrr'i;JtI ' ,
The above addendum "G" is not applicable in this transaction.
ADDENDUM "H" - SEITLEMENT
If Buyer(s) choose to use Secured Land Transfers Inc., as their Title Company the
settlement will take place at their main office at 5006 East Trindle Road, Suite 203,
Mechanicsburg, PA 17055 (717) 591-8500. All other settlements will take place at
Triple Crown Corporation's main office at 5351 Jaycee Avenue, Harrisburg, FA 17112,
(717) 657-5729.
If Buyer chooses an Attorney or another Title Company to represent them, Buyer agrees
to pay any disbursement fees charged by their Attorney or Title Company.
:~R~::d:; ~:;with ;1CL1~gral part of the aforementioned Agreement of Sale
",,",, ft;f.Y ~
> ,
ADDENDUM "I" - PROPERTY CONTINGENCY
"If Buyer(s) do not release their property contingency within 60 days of signed contract,
Seller at its option may adjust the base price of the home to reflect the pricing that Seller is
using at that time". If property contingency is released within 60 days of signed contract,
the contract price will be honored and construction will begin provided all buyer's
selections are made and a completed and fully executed "B" addendum is delivered to
Triple Crown Corporation. The balance of the $ will be given to
Triple Crown Corporation to begin construction. An amended completion date and
settlement datewill be delivered to buyer's when construction schedule has been confirmed.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
APP.ROVED r:1l1::i.-
rI-,J.,)lI, ..&#
Note: the Addendum "I" is not applicable
:lIp-
ADDENDUM "J" - PRlV ACY POLICY
What this Privacy Policy Covers
. This Privacy Policy covers Triple Crown Corporation's h'eatment of non-public personally
identifiable information that we collect when you, the "customer" or "consumer", finance
the purchase of a home through us. This policy also covers our h"eahnent of any non public
personally identifiable information that our business partners share with us.
. This policy does not apply to the practices of non-affiliates of Triple Crown Corporation.
Information Collection and Use
. We collect nonpublic perscfflal information about you from the following sources:
. Information we receive from you on applications or other forms;
. Information about your h-ansactions with us, our affiliates, or others; and
. Information we receive from a consumer reporting agency.
Information Sharing and Disclosure
· We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
.
Confidentiality and Security
. We l"esh"ict access to non public personal information about you to those employees who
need to know that information to provide products or services to you. We maintain
physical and procedural safeguards that comply with federal standards to guard your
non public personal information.
This Addendum is herewith made an integral part of the aforementioned Agreement of Sale
'.
APPROVED ;:/11-/
I~f\ {h~J)
/' -,' /'../ ---
THE HEREiNABOVE WRITTEN ADDENDA: A _, B _,C _,0 _, E _, C'::::, H-=:::'. 1_-& J-=:::" ARE
ACKNOWLEDGED, ACCEITED AND AFFROVED AND ARE INCORFORATED IN THE REFERENCED
AGREEMENT OF SALE AS IF THEREIN WRITTEN IN FULL.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
of /1 '" c......r or 2003.
, -
'2& "1J
day
/?g~A~
. Agent/Witness as to Buyer(s)
w ~
Buyer
/~~
~ch rtD"-~
Buyer !
(J / ). 6 /'" "3
Date
TRIPLE CROWN CORPORATION
Witness as to Seller
BY:
Dean Ramsey
Vice President of Design & Estimating
Date
Sl{ ADDE.NDA 200~/8
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TRIPLE CROWN CORPORATION
Developers _ Builders - Managers
5351 Jaycee Avenue
Harrisburg, PA 17112
www.triplecrowncorp.com
(717) 657-5729
FAX (717) 657-8125
disantom@triplecrowncorp.com
November 17, 2003
Mrs. Grace Trayer
507 Rittenhouse Square
Mechanicsburg, PA 17055
RE: Lot 1, Silver Brook
Dear Mrs. Trayer:
Jim and I were very concerned when we heard that your granddaughter attacked you
at our Georgetown Crossing community. We hope you are recovering well.
We regret to inform you that, because of the above incident and numerous other
lease violations, we have instituted eviction proceedings against Tom and Linda.
We have been most disturbed by the chronic complaints from Tom and Linda
regarding the living conditions at Georgetown Crossing and the controls that are in
place there to protect the community. They have not been following through on our
mutual commitments, while continuing to make negative comments about the
community and us.
We are very concerned about your family (Tom and Linda) moving into Silver Brook.
This property is controlled with the same type of restrictions as Georgetown
Crossing. There are pet limitations and other restrictions at Georgetown Crossing
that have been violated. We do not want to experience the same problems at the
new community. We do not want to have an adversarial relationship with our
neighbors, nor do we wish to be maligned by clients.
Jim and I have come to the conclusion that we feel it would best for your family to find
an existing home in another community. The adversarial relationship that has
developed between Tom, Jim and myself is not amendable at this point. We have a
significant investment with the development of Silver Brook. We cannot have Tom or
Linda bad mouthing the community and the home, or entering our model home in the
fits of rage that Tom has displayed.
'..
November 17, 2003
Grace Trayer
Page 2
We are very sorry that the situation has come to this. We know you were looking
forward to living in Silver Brook. We have tried very hard to work with your family
members and it has been difficult at best. The rules, apparently, simply do not apply
to them and the way in which they live does not apply to Silver Brook. In an effort to
help accommodate alternative arrangements, we would be willing to pay you an
additional $5,000. This is simply to show good faith on our part and not an adrnission
of any wrongdoing.
Mrs. Trayer, Jim andl sincerely want the best for you. We also need to proted our
interests and our investment.
I would ask you to review this matter with your son, Bill, and Berne Smith if he is
available. I understand that Berne's mother has passed away and am unsure if you
will be able to reach him. Jim and I will not speak to' Tom or Linda regarding the.
issues at hand. Please have Bill or your attorney contact us regarding this matter.
Thank you for your consideration.
S;1";j x.AU
Mark X. DiSanto
Chief Executive Officer
i~b~
ames E. Grandon, Jr..
Partner, Silver Brook Development
Cc: Ric Martsolf
Berne Smith
Bill Trayer
111703_8 Trayer_S8
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METTE, EVANS & WOODSIDE
A PROJ1'lllSS.IONAL OO:RI"ORA'I'IO:N
ATTORNEYS AT LAW
") HOWELL C. METrE
ROBERT MOORE
cHARLES B. ZWALLY
PETER J. RESSLER
LLOYD R. PERSUN
cRAIG A. STONE
JAMES A. ULSH
DANIEL L. SULtrY AN
STEVEN D. SNYDER
JEFFREY A. ERNICO
KATHRYN L. SIMPSON
P. DANIEL ALTLAND
ANDREW H. DOWLING
MICHAEL D. REED
PAULA J. LEICHT
GARY J. HElM
DAVID A. FITZSIMONS
TIiOMAS F. SMlDA
JOHNF. YANINEK*
VICKY ANN TRIMMER
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG. PA 1.711.0-0950
TELEPHONE
<'1i71 232-5000
FAX
{71'7l 236-1.816
TIMOTHY A. HOV
KATHLEEN DOYLE YANINEK
JAMES M. STRONG
JENNIFER A. YA..~ICH
RANDALL G. HURST.
MARK D. HlPP
RONALD L. FINCK
SCOTT C. SEUFERT
AMBROSE W. HEINZ
OF COUNSEL
JAMESW.EVAN9
IRS NO.
23-1985005
. MARYLAND BAR
http://www.mette.com
December 19,2003
F.R. Martsolf, Esquire
Serratelli Schiffman Brown &
Calhoon, P.C.
2080 Linglestown Road - Suite 201
Harrisburg, PA 17110
VIA FACSIMILE
540-5481
Re: Grace Trayer, Thomas Trayer and Linda Trayer v. Mark X. DiSanto,
James E. Grandon, Jr., and Triple Crown Corporation
Dear Mr. Martsolf:
This will confmn our telephone conversation today in whiCh you indicated that the
property at One Trayer Lane is completed and available for my clients to move in before
Christmas. You indicated that Triple Crown Corporation and Messrs. Grandon and DiSanto are
insisting on four additional conditions before turning over possession to my clients:
1. A $20,000.00 escrow to be funded by my clients for five years, as to which your
clients would have the discretion to enter on the property and perform
maintenance as required to keep the home and property to the standards expected
in the development and backcharge the escrow fund for the cost of any such
maintenance;
2. A $5,000.00 forfeiture to apply ifmy clients enter the model home in the
development or the property on which it is located;
3. A $5,000.0 forfeiture to apply ifmy clients violate any covenants applicable to
the Silver Brook Community; and
4. A $5,000.00 forfeiture to apply ifmy clients defame your clients, with proof to be
by notarized affidavit.
As 1 indicated to you during our telephone conversation, I considered these conditions to
be unreasonable and onerous, and would not recommend that my clients agree to them especially
where the agreement as presently constituted is entirely sufficient to protect the interests of both
.
I
F.R. Martsolf, Esquire
December 19, 2003
Page 2
parties and there would be no consideration for such additional conditions. I have now spoken
with my clients, and they agree with my recommendation. They remain ready, willing and able
to accept possession of the home and fulfill all requirements of the agreement in connection
therewith, and they expect and demand that your clients similarly fulfill all their obligations
under the existing agreement.
Accordingly, I would request that you notify me in writing as soon as possible of your
clients' agreement to turn over possession of the house to my clients under the present terms of
the agreement, with settlement to occur no later than Wednesday, December 24, 2003.
If I do not receive your written assurance as requested above by the close of business on
Monday, December 22,2003, I will proceed to file a complaint for specific performance and any
other appropriate legal relief on behalf of my clients. Thank you for your prompt attention to
this matter.
Also, as you requested, I am enclosing a copy of the praecipes which were filed last week
in Cumberland County.
);;"7)p~
Michael D. Reed
MDR:tas
Enclosure
cc: G. Trayer
T. Trayer
VERIFICATION
I, Thomas Trayer, have read the foregoing document and to the extent that it contains
facts supplied by me, they are true and correct to the best of my personal knowledge, information
and belief; however, to the extent that the foregoing document and/or its language is that of
counsel, I have relied upon counsel in making this verification.
I make this Verification subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Dated:/f-?,joo 3
~J:~
(/Thomas ':;:yerl/l .~
387940vl
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Mark X. DiSanto
6122 Minglewood Road
Harrisburg, PA 17112
James E. Grandon, Jr.
901 Sleepy Hollow Lane
Mechanicsburg, P A 17055
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg, P A 17112
F.R. Martsolf, Esquire
Serratelli Schiffman Brown & Calhoon, P.C.
2080 Linglestown Road - Suite 201
Harrisburg, PA 17110
METTE, EVANS & WOODSIDE
);r JfJ-dk/
By:
Jeffrey A. Ernico, Esquire
Sup. Ct.1.D. No. 07981
Michael D. Reed, Esquire
Sup. Ct.1.D. No. 35193
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: December 26, 2003
Exhibit B
..~ETTE. EVANS & WOODSID:L
A PROFESSIONAL CORPORATIOlS
ATTORNEYS AT LAW
HOWELL C. METrE
ROBERT MOORE
CHARLES B. ZW ALLY
PETER J. RESSLER
LLOYD R. PERSUN
CRAIG A. STONE
JAMES A. ULSH
DANIEL L. SULLIVAN
STEVEN D. SNYDER
JEFFREY A. ERNICO
KATHRYN L. SIMPSON
P. DANIEL ALTLAND
ANDREW H. DOWLiNG
MICHAEL D. REED
PAULA J. LEICHT
GARY J. HElM
THOMAS F. SMlDA
JOHN F. YANINEK*
VICKY ANN TRIMMER
TIMOTHY A. HOV
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRIsBURG. PA 171.~O~0950
TELEPHONE
(717) 232-5000
FAX
(717l 236-1816
JAMES M. STRONG
KATHLEEN DOYLE YANINEK
JENNIFER A. Y ANKANICH
RANDALL G. HURST.
MARK D. HIPP
RONALD L. FINCK
scon C. SEUFERT
AMBROSE W. HEINZ
OF COUNSEL
JAMESW. EVANS
IRS NO.
23-1985005
"' MARYLAND BAR
http://www.mette.com
February 20, 2004
Spero T. Lappas, Esquire
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road
Suite 20 1
Harrisburg, P A 17110-9670
Re: Trayer v. DiSanto, et al.
Docket No. 03-6400 Civil
Dear Mr. Lappas:
As you are aware, I represent Grace Trayer, Tom Trayer and Linda Trayer in the above-
referenced matter. On Sunday, February 15, Grace Trayer fell in the bathroom of the townhouse
which your clients provided as temporary living space for my clients while they were
constructing the home at One Trayer Lane in the Silverbrook Development. Mrs. Trayer was
taken by ambulance to the hospital with injured ribs and difficulty breathing. She was
subsequently discharged, but had to return to the hospital with continued pain and breathing
difficulties. Her doctors have determined that she has fluid on her lungs as a result of the injuries
sustained in the fall and a condition of congestive heart failure is developing as a result.
We believe this injury is directly related to your client's refusal to turn over the house.
which they agreed to construct for Mrs. Trayer, her son and daughter-in-law. As your clients are
aware, there are no grab bars or other safety features in the townhouse bathroom to make it
handicapped accessible. In addition, there are no first floor bathrooms in the townhouse.
A significant feature of the design of the home at One Trayer Lane was to have a first
floor bathroom with grab bars and other improvements to make the bathroom compliant with
handicapped accessible requirements in light of Mrs. Trayer's advanced age and difficulty
walking. Mrs. Trayer has been denied possession of the home which your clients agreed to
construct for her on the rather flimsy basis of some anticipated issues with my clients which
create no legal basis for your client to willfully violate its contractual obligations.
Therefore, I must reiterate our request that your clients immediately turn over possession
of the property at One Trayer Lane in the Silverbrook Development to my clients, at which time
my clients will comply with all final conditions for closing the transaction as set forth in the
Spero T. Lappas, Esquire
February 20, 2004
Page 2
agreement. If your clients remain unwilling to turn over possession of the house to my clients,
please advise me promptly so that I may pursue all other legal remedies available to my clients
with respect to that unjust refusal.
Thank you for your attention to this matter.
.. Very truly you?6Jr~, '(~7 _
~.'. / / !. ~,/:
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Michael D. Reed
MDR:tas
cc: Grace Trayer
Mr. and Mrs. Thomas Trayer
Exhibit C
. .
2004-02-25 09:35
DitFax
(717) 772 2298 >> 7172361816
P 2/7
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(977 __ .2002
100 Georgetown Road
Mechanicsburg, PA 17050
www.triplecrowncorp.com
26/11/
<Anrlioer.s:tl{Y
Triple Crown Corporation
Rer.Clgllized QluJJity HoitWJ Bllildu
(717) 697-2226
FAX (717) 697-3008
beachJere@triplecrowncorp.com
February 19, 2004
Thomas Trayer
507 Rittenhouse Sq.
Mechanicsburg, PA 17050
RE: Notice to Quit
Dear Thomas:
You are hereby required to remove yourself and your possessions and to
quit and deliver up peacefully, the possession of the above premises occupied by
you on or before March 31, 2004.
If you fail to vacate the home on or before March 31, 2004, legal measures
will commence to evict you and repossess the home, which will result in
additional costs being assessed against you.
This is your notice to quit for the purpose of termination your occupancy.
Res~.st~!..._.____._. ......,
~...-..) ,,/
~//..__.-_..-
t:-...-'"" L___-
Elaine Beachler
Property Manager
cc: File
~004-02-25 09:35
DitFax
(717) 772 2298 >> 7172361816
P 3/7
.
TRIPLE CROWN CORPORATION
Properly Management Division
'-1IG-14-i,"
6351 JilIycee Avenue
Harri$bl.lrg, PA 11112
(717) 657-5729
FAX (717)657-8125
PROCEDURES FOR VACATING YOUR TOWNHOME/APARTMENT
The time has come when soon you will be leaving the community. We hope that you el!ioyed your stay with us
and please remember that we are available to help you in any way that we can with your plans to move. The
following are some things to keep in mind the next few weeks....
."The townhome/apartment must be in a clean, good repair condition (normal wear and tear is
expected) :
"Please have all earpets shampooed thru out home. A paid receipt for the carpet cleaning is required at
move out inspection. Ifa paid receipt for the carpet cleaning is not provided at the time of move out $150.00
will be deducted from your security deposit fur carpet cleaning.
KITCHEN:
Range: Clean interior and exterior thoroughly.
Refrigerator: Clean thoroughly and remove all food items. Please do Dot unplug the refrigerator.
Range Hood: Clean thoroughly, remove and wash fitter.
Dishwasher: Clean interior, unlock door catch.
Microwave: Clean interior and exterior thoroughly
Cabinets: Clean interior and exterior surfiwes and remove shelf paper.
Other:. clean sinks,fuucets, mop floor and all counterlOp surfuces.
Please remember to leave the ice trays that where in the freezer when you moved in.
Please remove all food items from pantry, refrigerator and cabinets
LIVING ROOM / DINING ROOM:
Walls cleaned and painted as needed
Fireplace clean and vacuumed (propane disconnected and tanks removed)
BATHROOMS:
Ceramic tile/fiberglass: clean off accumulated soap.
Bathtub: clean tub and grouting, remove decals.
Medicine and base cabinets: clean interior, remove shelf paper and tacks, clean and polish mirrors.
Other; clean sinks, faucets, countertop surfaces, commode and .floor.
Please leave the plunger that was provided on move in.
CLOSETS:
Empty completely, including hangers.
Shelves: Clean and remove shelf paper and tacks.
2004-02-25 09:35
DitFax
(717) 772 2298 >> 7172361816
P 4/7
BALCONY/PATIO:
Remove all items and debris.
Remove any nails.
Sweep.
WALLSIWOODWORKAND DOORS:
Remove marks and handprints.
Wash switch plates.
Repair any holes in walls
Remove any waIlpaper/border installed.
WINDOWS:
Wash interior glass.
Clean mini-blind slats.
Screens clean and in place
GENERAL
All keys, pool passes and gym door keys must be returned at time of move out.
Garage door opener must be returned at time of move out
Sweep out Garage and remove all trash
Sweep and Clean Basement
Washer and Dryer cleaf!. interior and e1cterior
... Call your rental office to schedule /In. exit inspection at which time a member of our staff will take your
keys. Please note that you must be preSent at tile time of the inspection in order to disputtJ any charga Not
being present at the move out inspection waives your rights as the lessee to dispute any charges assessed in
your absence.
*"NotilY Triple Crown Corporation Property Management Division, Post Office, and all utility companies of
your forwarding address.
"Contact all utility companies, newspaper, water, etc. of your plans and arrange for a final meter:
reading/delivery.
"Make sure all leasing obligations are fulffiled.
By using the above guidelines, you will be assured of a smooth move. rfyou have any questions about vacating
your home, please call us. We are glad that you have chosen our townhorne/apartment as your home in the past
and wish you much happiness in your future homes.
Respectfully,
The Staff of Triple Crown Corporation Property
Management Division
'2004-02-25 09:35
D i tF ax
(717) 772 2298 >> 7172361816
P 6/7
.,
TRIPLE CROWN CORPORATION
Developers. Builders. Managers
National Housing Quality AW<lrd Winners
100 George town Road
Mechanicsbu(9, PA 17050
(717) 697-2226
FAX (717) 697.3008
Move Out Cost Schedule
Cleaning, Repair and Replacement Charges:
Entire home cleaning
Carpet Cleaning
Trash I Furniture Removal
Garage floor and/or drive way cleaning
Complete Painting of home
Touch up painting of home
Spackling of picture holes
Wall repair large hole
Carpet Repair
Carpet replacement
Carpet replacement one floor
Garage door opener replacement
Front door painting
Interior door replacement
Exterior door replacement
Lock replacement
Mail box lock replacement
Pool Pass replacement
Gym Door Key
Vinyl Repair
Entry floor replacement
Vinyl Floor per room cleaning
Window Cleaning (all)
Wallpaper Removal (per room)
Removal of shelf paper
Light fixture replacement
Plumbing fixture replacement
Window Glass replacement
Window Screen Replacement
Patio door replacement
Patio screen door replacement
Blind replacement (each)
Fire Extinguisher replacement
Smoke Alarm replacement
Fire Place Cleaning
Removal of child locks from cabinets
$150.00
$150.00
$100,00 to $400.00
$200.00
$1,000.00 to $1,300.00
$400.00
$25.00
$50.00 to $200.00
$200.00
$1,200.00 to $1,800.00 (entire home)
$600.00 to $900.00
$50.00
$35.00
$225.00
$400.00
$75.00
$20.00
$10.00
$25.00
$100.00
$400.00
$25.00
$50.00
$150.00
$75.00
$25.00 to $85.00
$25.00 to $75.00
$150.00
$30.00
$350.00
$100.00
$20.00 to $75.00
$50.00
$25.00
$50.00
$25.00
2004-02-25 09:35
DitFax
Kitchen:
Kitchen floor replacement
Oven cleaning
Stove Top and Vent Hood cleaning
Drip Pans (set of 4) replacement
Oven rack replacement
Broiler pan replacement
Microwave cleaning
RefrigeratorlF reezer cleaning
Dishwasher cleaning
Garbage Disposal replacement
Kitchen Counter Top replacement
Cabinets and Countertops cleaning
Bath Room:
Toilet cleaning
Toilet replacement
Toilet tank lid replacement
Toilet Seat replacement
Tub and Shower cleaning
Tub and Shower repairs
Shower head replacement
plunger replacement
Vanity Cabinet replacement
Medicine Cabinet replacement
Bath room Mirror replacement
Shower Rod replacement
Towel Bar replacement
Bathroom floor replacement
Basement:
Basement cleaning
Power washing of basement
Dryer Cleaning
Washer Cleaning
(717) 772 2298 >> 7172361816
P 7/7
$600.00
$30.00
$25.00
$20.00
$25.00
$35.00
$30.00
$40.00
$25.00
$100.00
$400.00 to $800.00
$50.00
$25.00
$225.00
$40.00
$25.00
$25.00
$75.00 to $200.00
$35.00
$20.00
$225.00
$50.00
$50.00
$25.00
$15.00
$300.00
$50.00
$125.00
$25.00
$25.00
Appliance removal fees for replacing flooring in kitchen and bath's:
"Garage homes must have powder room toilet removed when replacing entry way flooring.
Toilet removal and reinstall
Refrigerator removal and reinstall
Oven removal and reinstall
$80.00
$20.00
$30.00
VERIFICATION
I, Thomas Trayer, have read the foregoing document and to the extent that it contains
facts supplied by me, they are true and correct to the best of my personal knowledge, information
and belief; however, to the extent that the foregoing document and/or its language is that of
counsel, I have relied upon counsel in making this verification.
I make this Veritication subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn
falsification to authorities.
Dated: .3 - p:. r9&o-yf
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CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Spero T. Lappas, Esquire
SerratelIi, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road - Suite 201
Harrisburg, PAl 7110-9670
METTE, EVANS & WOODSIDE
By:
:J7JJJJ J i2.r
Michael D. Reed, Esquire
Sup. Ct. J.D. No. 35193
340 I North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
DATED: March 10, 2004
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GRACE TRAYER, THOMAS TRAYER : IN THE COURT OF COMMON PLEAS OF
and LINDA TRAYER, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE CROWN
CORPORATION,
DEFENDANTS : 03-6400 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of March, 2004, a hearing on the within motion for
preliminary and permanent injunction shall commence at 11 :00 a.m., Tuesday, March
30, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
CS2~~
Edgar B. Bayley, J.
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GRACE TRAYER, THOMAS TRAYER: IN THE COURT OF COMMON PLEAS
And LINDA TRAYER : CUMBERLAND COUNTY
Plaintiffs : PENNSYL VANIA
v.
: No. 03-6400 Civill
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
: Civil Action - Equity
: Action for Specific Performance
DEFENDANTS' ANSWER TO PLAINTIFFS' MOTION
FOR PRELIMINARY AND PERMANENT INJUNCTIONS
AND NOW, this & day of March, 2004, the Defendants, by and through their
attorneys, Spero T. Lappas, Esquire, and Serratelli, Schiffman, Brown & Calhoon, P.C., and
request that this Court deny the Plaintiffs' Motion for Preliminary and Permanent Injunctions,
respectfully answering the Motion as follows:
I. Defendants admit that the Plaintiffs have filed a Complaint which is a matter of
record in this Court. That Complaint speaks for itself. The Plaintiffs' characterization of their
cause of action is denied as legal argument.
2. Defendants admit that they filed Preliminary O~jections to this Complaint. The
Defendants deny the Plaintiffs characterization of those Preliminary Objections. The
Defendants' Preliminary Objections go straight to the heart of this case, in that the Plaintiffs have
lumped together a number of unrelated, confusing, and argumentative averments in the
Complaint in such a fashion as to conceal that some of the Plaintiffs have no causes of action
whatsoever, and at least one of the Defendants has no relationship to this case at all.
Accordingly, the Defendants have demanded that the Plaintiffs re-plead their Complaint so that
those Plaintiffs without causes of action (specifically Thomas Trayer, Denis Trayer and Linda
Trayer) can be removed from the lawsuit and that Defendant who has no connection with this
case (specifically Triple Crown Corporation) can be demurred out.
3. Denied as stated. "The agreements between the parties" consists of the Real
Estate Purchase Agreement between Grace P. Trayer, and Mark DiSanto and James Grandon.
This document is attached to the Plaintiffs' Complaint as Exhibit B and the Defendants DiSanto
and Grandon acknowledge its accuracy. This Agreement was clarified by a letter from Attorney
F.R. Martsolf(counsel for Grandon and DiSanto) to Attorney S. Berne Smith. The other
document attached to the Plaintiffs' Complaint is a document entitled "Addenda to Agreement of
Sale." This document is described by the Plaintiffs as not being an Addenda to an Agreement of
Sale but "which in fact constituted an agreement for the specifies of the home to be constructed
on the lot known as Homesite #1." This Addendum to the Agn:ement of Sale (Exhibit E to the
Complaint) was never signed by or on behalf of Triple Crown Corporation or any ofthe other
Defendants to this case.
By way of further pleading, the Defendants have allowed the Plaintiffs to life rent free in
a townhome at Georgetown Crossing since April I, 2003 according to the terms and conditions
of a Residential Lease which is attached hereto (along with related documents) as Exhibit I.
During the Defendants' residence at Georgetown Crossing they have violated and broken
numerous terms and conditions of that lease, as will be more fully described in later paragraphs
of this Answer.
2
4. Plaintiffs agree that a house has been constructed at the address known as I
Trayer Lane. With respect to whether "Defendants have failed and refused to go to closing and
to turn over possession of the house to the Plaintiffs," the Defendants deny that they now have or
ever have had an unqualified obligation to deliver these premisl:s to any of the Plaintiffs, though
specifically to Grace Trayer (the only signatory to the Sales Agreement for the sale of real
estate) .
Any obligation that the Defendants had to allow Grace Trayer to move into the
development known as Silver Brook Development was conting'~nt on the Plaintiff's compliance
with the rules and regulations of that development, including all restrictive covenants and the
like. These requirements are attached and made part of this Answer as Exhibit 2.
The Plaintiffs have anticipatorily breached these obligations by engaging in such conduct
at Rittenhouse Square as to allow the Defendants to entertain a good faith certainty that the
Plaintiffs will be unable to live successfully and to reside successfully at 1 Trayer Lane.
Some of the Plaintiffs' violations of the terms and conditions of their residency at
Rittenhouse Square include: malicious damage to the townhouse, acts of violence committed in
the townhouse, numerous police calls, engaging in or allowing criminal activity at the premises,
engaging in a campaign of slander and defamation against the Defendants (consisting of
allegations completely unrelated to the dispute over 1 Trayer Lane), and other acts of
misconduct. Reports and records documenting some of these mis-deeds are attached hereto
collectively as Exhibit 3. Further evidence will be introduced all the hearing on the Plaintiffs'
motion. Furthermore, it is significant that the Plaintiffs have bt:en unable or unwilling to satisfy
3
their legal obligations by living according to the restrictive covl~nants at the community where
they now live.
Under the circumstances, the Defendants DiSanto and Grandon sent to the Plaintiff Grace
Trayer the letter attached as Exhibit G to the Plaintiffs' Complaint. These Defendants made a
number of unnecessary concessions in good faith to allow the Plaintiff Grace Trayer to obtain
new living arrangements in the most convenient, favorable and beneficial way possible. So far,
the efforts of Defendants DiSanto and Grandon have been rebuffed and refused at every turn.
5. The Defendants acknowledge and admit that Plaintiffs still reside at 507
Rittenhouse Square.
6. With respect to whether or not Grace Trayer suffered a serious fall and resulting
injuries on February 15,2004, the Defendants are without suffident information to express an
opinion as to the truth or falsity of that statement, and therefore that averrp.ent is denied pursuant
to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at trial.
Defendants note, however, that neither Grace Trayer nor any of the other Plaintiffs have ever
complained that the bathroom was defective in any way. To th(~ contrary, the bathroom at 507
Rittenhouse Square, as well as the entire townhouse, as well as !the community in which it is
located, have been constructed and maintained to the highest stEmdards of workmanship, safety,
and code compliance required by law. With respect to Plaintiff's counsel's letter of February 20,
2004, that letter speaks for itself.
7. It is denied that counsel for the Defendants has not responded to the letter of
February 20, 2004. Counsel for the Defendants have been in contact with Plaintiffs counsel
since February 20, 2004.
4
8. The letter attached as Exhibit C speaks for itself. Defendants note, however, that
the February 19, 2004 letter simply states that "If you fail to vacate the home on or before March
31, 2004, legal measures will commence." In the event that the' Plaintiffs ignore this letter and
continue in the premises beyond March 31, 2004, they will have every legal right to defend any
landlord/tenant action when and if such an action is filed with tile Court. The availability of this
adequate remedy at law (the remedy of defending oneself when sued in court) belies the
Plaintiffs' asserted need for injunctive relief.
9. Denied. Plaintiffs will suffer no harm, let alone immediate and irreparable harm.
The house at 507 Rittenhouse Square is completely safe. Furthl~rmore, Grace Trayer, by entering
into the real estate transaction memorialized by Exhibit B to the' Complaint, received
$1,000,000.00. Defendants believe that with $1,000,000.00 an individual in the position of
Grace Trayer can afford to obtain adequate housing.
In the event that after the litigation of the Plaintiffs' Complaint is concluded a court
determines that these Defendants have acted wrongly (and the Defendants believe that their
defense will prevent such a conclusion) then Grace Trayer's costs of interim housing may
constitute an item of damages which she will seek to collect against these Defendants (or one or
more of them). The availability of this adequate remedy at law (to collect a suit for damages)
belies the Plaintiffs' argument that they have no adequate remedy at law and therefore are
entitled to injunctive relief.
10. Paragraph 10 consists oflegal argument. In response to paragraph 10 the
Defendants incorporate the prior paragraphs of this Answer.
5
11. Denied as legal argument. By way of further pleading, the Plaintiffs have many
adequate remedies at law, including a defense to any future eviction suit, a suit for damages if
Grace Trayer's interim living expenses are deemed to have been caused by any wrongful conduct
of the Defendants, and a claim for premises liability if in fact her fall was caused by an
actionable defect at 507 Rittenhouse Square.
12. Denied as legal argument.
13. Plaintiffs are clearly not entitled to the requested relief. Plaintiffs clearly do not
have a strong likelihood of success on the merits of their underlying action.
14. Denied as legal argument. By way of additional pleading, it is specifically denied
that greater harm would ensue from denying than from granting the injunction. If the injunction
is denied, the only harm that will ensue would be that Grace Trayer would need to use part of her
$1,000,000.00 (as well as the $200,000.00 plus that Defendants have offered to pay her) to pay
for herself adequate housing arrangements. If the injunction we:re granted, and if the Defendants
were ordered to allow Grace Trayer (and presumably her extended family) to move into I Trayer
Lane, Silver Brook Development, the economic damage that th(~y and there disruptive lifestyle
and conduct would cause to the Defendants' multimillion-dollar market development efforts
would be enormous. In fact, the Defendants believe (from long and extensive professional
experience in the residential real estate business) and therefore a.ver that the Plaintiffs would
cause widespread interference with actual and prospective sales of houses at Silver Brook
Development; and the Defendants further aver that the Plaintiffs do not have sufficient financial
resources to pay any likely judgment that could consequently be entered against them.
6
Accordingly, if this Court were to consider granting a preliminary or permanent
injunction requiring the Thayers to be moved into 1 Trayer Lane, Defendants believe that a fair
and reasonable amount ofthe injunction bond would be $30,000,000.00.
7
WHEREFORE, Defendants request that the Plaintiffs' Motion for Preliminary and
Permanent Injunctions be denied.
Respectfully submitted,
Ll, SCHIFFMAN,
CALHOON, P.c.
By:
Spe 0 T. ppas, Esquire
Sup. t. J.D. No. 25745
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
(717) 540-9170
Dated:
2-<-
Ge)
Attorneys for Defimdants
8
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TRIPLE CROWN CORPORATION
Developers. Builders · Managers
100 Georgetown Road
Mechanicsburg. PA 17050
(717) 697-2226
FAX (717) 697-3008
WELCOME TO GEORGETOWN CROSSING
We would like to take this opportunity to welcome to your Triple Crown Town
Home. Listed below are several items we wish to call to your attention in
preparation of your move.
(1.)Trash day is every Monday. Please place your trash at the curb after
8 pm on Sunday evening. All trash must be in a can with a lid and the
bags inside must be tied. This will help keep trash from being strewn
around the community. When moving in please make sure all boxes are
disassembled and placed under or beside your trash can for removal.
Recyclables also go out at this time. A recycling container will be provided
to you.
(2.)Rental checks are to be made payable to Triple Crown Corporation
and may be put in the after-hours drop slot located beside the office door.
(a).
(b).
(c)
All rents are due before the 5th of each month.
Rents that are paid by the 6th of the. month will be subject to a
10% late charge.
All unpaid rents will be filed for at the District Justice on the
10th of each month.
Please be sure to put your address on the check if it is not already printed on it.
(3) At no time should you ever change the locks to your town home. Our locks
are on a master lock system and we must be able to enter your home in
the event of an emergency and also to do routine maintenance. If you lose
your keys or have a problem and need your locks changed please notify
the office and we will be happy to change the locks for you. The fees for
this service are $75.00 to change all locks and $10.00 for additional keys.
(4) On your move in you will receive keys to your mailbox. Any lost mailbox
keys must be reported to the post office by calling 697-4641. Post Office
location is 702 East Simpson Street, Mechanicsburg, PA There is a fee
from the post office in order to change the locks.
(5) All after business hours lockouts must be calleid into a locksmith at your
expense. If you are locked out during business hours simply call 697-
2226.
(6) There are two assigned parking places for each town home. Your spaces
will have your address on them. If you have additional cars please park
them in the visitors spots. Please be considerate of your neighbors and
only park in your assigned space.
(7) All cars must be in operable condition to be parked on our community and
must also have current tags and license. Please remember that we do not
permit vehicle maintenance on the community grounds at any time.
(8) All outgoing mail maybe placed in your mailbox (stamp up) and the mail
person will take it to the post office for you.
(9) Our soda machines are located outside of the clubhouse by the pool and
on the lower level by the garage door.
(10) We have a Tot Lot located behind the clubhouse. Enjoy!
(11) We do have a 24-hour emergency maintenance service. Simply call
657-5729 for any after-hour emergencies and wait for the prompt, then
follow the instructions.
Welcome to Georgetown Crossing!
~~lrW]jJj
Kim Bu~ll"vTI
Leasing Consultant
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TRIPLE CROWN CORPORATION
Property Management Division
100 GeorgeTown Road
Mechanicsburg. PA 17050
www.triplecrowncorp.com
(717) 697-2226
FAX (717) 697-3008
email:buckleyk@triplecrowncorp.com
Welcome Tom Trayer and family =)1 @
We are delighted to have you join our neighborhood, Georgetown Crossing!
You may take possession of your new home on:
Date: March. 2003
Day: Tuesdav
Time: ????
507 Rittenhouse Square
Mechanicsburg, PA 17050
Your monthly rent is $00.00 due on the 1st day of each month.
For your convenience, there is a rent box located outside of the clubhouse. You may also mail your checks to
the Triple Crown-West Shore office at: 100 Georgetown Road, Mechanicsburg, PA 17050.
For your move-in, please plan to meet at the clubhouse at Georgetown Crossing at the time indicated-if you
have not selected a time, please call to schedule one ASAP. Once a time is confirmed, you must notify us in
advance for a time or date change. At your lease signing, we will need separate checks for your pro-rated
rent in the amount of !Lyour security deposit of $ and pet deposit of $" You may make all checks payable to
Triple Crown Corporation. The corporation or individual persons on the lease must each sign the lease at,
or before, move-in so that we may turn over the keys to your new apartment.
Please remember that the utilities for which you are financially responsible must be in your name in order to
obtain keys. For your convenience we have enclosed your new address and a list of the utility companies,
which need to be notified prior to your move-in date. We can automatically switch the electric (PPL) to your
name at your move-in.
Verizon
PA American Water
Comcast
1-800-640-1232
1-800-717-7292
1-800-222-1813 (if you would like to upgrade your service)
Don't forget to change your address with the local post office.
Please note that while our buildings are insured structurally, it is required that you obtain a "Renter's
Insurance" policy to cover your personal property.
Thank you and WELCOME HOME!
The Management Team at Triple Crown Corporation
RESIDENTIAL LEASE
PMG-04-1198
THIS IS A LEASE. IT IS A LEGAL CONTRACT BETWEEN THE LANDLORD
AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY.
TENANT GIVES UP RIGHTS (WAIVERS) IN THIS RESIDENTIAL LEASE.
EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT
UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT
LANDLORD:
Triple Crown Corporation Property Management Division
For: Bent Creek Limited Partnership. 5351 Javcee Avenue,
Harrisburg. P A 17112
TENANT(s): Thomas Traver
2. TOWNHOUSE
The townhouse is the place that LANDLORD agrees to lease to TENANT. The
townhouse is: 507 Rittenhouse Sauare, Mechanicsburg, P A 17050
Should TENANT continue to use the Townhouse after this Residential Lease ends, such
occupancy shall be at one hundred fifty percent (150%) of the re,nt.
3. STARTING AND ENDING DATES OF LEASE AGREEMENT
Lease starts on
Lease ends on
April L 2003
when construction of home is done
If TENANT wants to move out at end oflease, TENANT must give written notice to the
LANDLORD sixty (60) days before when construction of home is done.
4. RENT
The total amount of rent for this lease is .$...., Payable to the LANDLORD. TENANT
must pay the amount of $ no rent. iust pav utilities each month to the LANDLORD. Payment of
rent must be in the form of check or money order. Cash is not accepted as payment for rent.
Due Date: On or before the first day of the month. LANDLORD does not have to ask
TENANT to pay the rent. TENANT agrees to pay rent by first class mail postage prepaid or in
person to LANDLORD at the place specified by LANDLORD.
TENANT agrees to pay an additional charge of $ 10% if TENANT does not pay the rent
by the 5th of the month. If TENANT mails the rent to LANDLORD, the postmark of payment
is considered the date of payment.
I
ff the stllrting date of this Residential Lease starts on any date other than the first of the
month, TENANT shall pay to LANDLORD, a part of the monthly rental rate on the date
TENANT starts to live in the townhouse. This payment is based on the number of days
remaining in the month. Pro-rated amount of rent for to is l
5. SECURITY DEPOSIT
PAYMENT OF SECURITY DEPOSIT:
TENANT agrees to pay a security deposit of:l.
TENANT agrees to pay the security deposit to LANDLORD before the lease starts.
RETURN OF SECURITY DEPOSIT:
LANDLORD can take money from the security deposit to pay for any damages caused
by TENANT, TENANT's family and TENANT's guests. LANDLORD may take the security
deposit to pay for any unpaid rent.
After taking out for damages and unpaid rent or other charges, LANDLORD agrees to
send to TENANT any security deposit money left over. LANDLORD will send the remaining
security deposit money to TENANT no later than 30 days after the lease ends and TENANT
leaves. LANDLORD also agrees to send to TENANT a writt(m list of damages and amounts of
money taken from the security deposit.
TENANT agrees to give LANDLORD a written forwarding address when TENANT
leaves and the lease ends.
TENANT may not use the security deposit as payment of the last month's rent.
6. LANDLORD'S DUTY AT THE START OF THE LEASE
LANDLORD agrees to give TENANT possession of the townhouse on the starting date
of the lease. The lease starts even if TENANT cannot live in the townhouses because the
TENANT before is still in the townhouse or the townhouse is damaged. IF LANDLORD
CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT
UNTIL THE DAY LANDLORD GIVES POSSESSION TO TENANT.
7. DAMAGE TO TOWNHOUSE
TENANT agrees to notify LANDLORD immediately if the townhouse is damaged by
fire or any other cause. TENANT agrees to notify LANDLORI) if there is any condition in the
townhouse that could damage the townhouse or harm TENANT or others. If TENANT carmot
live in the entire townhouse because it is damaged or destroyed, TENANT may:
1) live in the undamaged part of the townhouse and pay full rent until the townhouse is
repaired.
OR
2
2) end the lease and leave the townhouse.
TENANT agrees that if the townhouse is damaged or destroyed and TENANT ends the
lease, LANDLORD has no further responsibility to TENANT.
8. INSURANCE
LANDLORD agrees to have insurance on the building where the townhouse is located.
TENANT's own property is not insured by LANDLORD's insurance. TENANT is responsible
for TENANT's own property that is located in the townhouse.
8A. TENANT INSURANCE
TENANT agrees to have fire and legal liability insurance and TENANT can
produce proof of that insurance upon initial signing of lease and at every renewal thereafter.
TENANT not move into unit or renew lease without proof of insurance.
9. TRANSFER OR SUBLEASES BY TENANT
TRANSFER (ASSIGN) is the legal term for a transfer ofthe lease from the TENANT to
another person. This other person then becomes the LANDLORD's new TENANT and takes
over the lease.
TENANT agrees not to transfer (assil!u) this lease to anyone else without the written
permission of LANDLORD. The fee for such transfer is $250.00.
A sublease is a separate lease between the TENANT and another person who leases all or
a part of the townhouse from the TENANT.
TENANT agrees not to lease (sublease) all or any part of the lease premises to anyone
else without the written permission of LANDLORD. TENANT brealcs agreements made in this
lease if TENANT transfers this lease or leases all or a part ofthe townhouse to another.
10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE
LANDLORD is responsible for all damage to property or injury to people caused by
LANDLORD (or LANDLORD's representatives) intentional or negligent acts at the
townhouse. TENANT is responsible for all damage to the townhouse and injury to people
caused by TENANT, TENANT's family or guests.
TENANT agrees that LANDLORD is not responsible to TENANT, TENANT's family
or guests for damage or injury caused by water, snow or ice that Gomes on the townhouse or leaks
into the basement.
11. USE OF TOWNHOUSE
3
TENANT agrees to use the townhouse only as a residence. TENANT agrees to obey all
federal, state and local laws and regulations when using the townhouse. TENANT agrees to
obey all rules and regulations of the homeowners association, if any. TENANT agrees not to
store any flammable, hazardous, or toxic chemicals or substances in or around the townhouse.
TENANT agrees not to do any activities in or around the townhouse, which could harm
anyone or damage any property.
TENANT agrees to pay for any penalties, fmes, costs or damages if TENANT does not
comply with the terms of this paragraph.
TENANT agrees that TENANT will not allow more than six (6) people to occupy the
townhouse without the written permission of LANDLORD.
12. RULES AND REGULATIONS
TENANT agrees to obey all rules and regulations for the townhouse, which are attached
to this lease. If TENANT breaks any rules or regulations for the townhouse, TENANT breaks
(violates) this lease. During this lease, the LANDLORD can change or add to these rules or
regulations.
13. LANDLORD'S RIGHT TO MORTGAGE THE TOWNHOUSE PRIORITY OF
LEASE
The rights of LANDLORD, mortgage company, comes before TENANT'S rights.
TENANT's rights under this lease are lower in priority to LANDLORD's ownership of the
townhouse. If the mortgage company sells the townhouse at a mortgage foreclosure sale, the
lease may end.
TENANT agrees that LANDLORD has the right to mortgage the townhouse. If
LANDLORD has a mortgage on the townhouse now, or if LANDLORD gets a mortgage in the
future, TENANT agrees that this lease is secondary to the LANDLORD's mortgage. TENANT
will within 10 days after written notice from LANDLORD, sign and deliver to LANDLORD
any document required by the mortgage company to prove to the mortgage company that this
lease is secondary to the mortgage or any change of the mortgage.
14. WRITTEN STATEMENT CERTIFYING THAT RENT IS PAID
TENANT will within ten (10) days after written request from LANDLORD deliver to
LANDLORD a written statement certifying the date to which the rent is paid, that there are not,
any uncured defaults on the part of LANDLORD or stating if there are defaults. If TENANT
does not respond within said ten (10) days it is conclusive proof that this Residential Lease is in
full force and effect.
15. CARE OF TOWNHOUSE
4
'tENANT is responsible for, and will take good care of, the townhouse and all of the
property in and around townhouse. TENANT agrees to pay for any damage caused by
TENANT, TENANT's family and TENANT's guests. TENANT agrees to turn over possession
of the townhouse to LANDLORD when the lease ends.
16. LANDLORD'S RIGHT TO ENTER TOWNHOUSE
TENANT agrees to take possession of the townhouse in the condition that it is now.
TENANT agrees that LANDLORD and LANDLORD's representatives have the right
to enter the townhouse at reasonable times, without permission or prior notice to TENANT.
LANDLORD and LANDLORD's representatives have the r:ight to inspect, to make repairs, to
do maintenance, and to show the townhouse to others.
17. UTILITY SERVICES
LANDLORD and TENANT agree to pay for the charges for utilities and services supplied
to the townhouse as follows:
Paid bv LANDLORD:
Natural Gas
Trash Collection
Lawn Maintenance
Snow and Leaf Removal
Sewer Charges
Condominium Fee
Television Cable
Parking Fee
Other:
Other:
NIA
-1L
-1L
-1L
-1L
-1L
-1L
-1L
Paid by TENANT:
Electric to Premises
Water Service
Natural Gas
Pest Control Charges
Other:_
Other:_
x
X
NIA
X
LANDLORD has the right to turn off temporarily arty utility or other service to the
townhouse in order to make repairs or do maintenance.
18. TAKING BY GOVERNMENT
Government such as a state or county or city governmc:nt may take private property for
public use. The government must pay to anyone who has any right in the property that is taken.
If all or any part of the townhouse (or the building within which the townhouse is located)
is taken by the government, this lease ends immediately. LAN][)LORD and TENANT agree to
release each other from any responsibility.
19. BREAKING CONDITIONS OF LEASE
5
if TENANT violates this lease, TENANT may lose TENANT'S security deposit. If
TENANT breaks agreement made in lease, LANDLORD also can sue TENANT for other
expenses. LANDLORD may use the legal process to remove TENANT.
If TENANT moves out before lease ends, TENANT will still owe until the end of the
lease or until someone else rents the home (whichever comes first.) If TENANT wants to move
before the lease ends, TENANT must give a sixty (60) day written notice to LANDLORD and
pay an early lease breakage fee in the amount of $ no rent., iust pav utilities with the notice.
TENANT must still pay for the utilities until a new TENANT moves into the home.
Each TENANT should not sign this lease unless eaeh TENANT has read and clearly
understands the information in this section about lease violations.
EACH TENANT RESPONSIBLE
This is a TOGETHER AND INDNIDUAL lease. It means that all the TENANTS as a
group and each TENANT as an individual are responsible to LANDLORD for all of the
agreements of this lease.
For example, if the rent is not paid, LANDLORD can sue in court all of the TENANTS
(TOGETHER) for any unpaid rent. Or, LANDLORD can bring a suit against any ONE
TENANT separately (individual) for ALL of the unpaid rent.
TENANT BREAKS AGREEMENT OF THIS LEASE IF TENANT:
OR,
1) Fails to pay rent or other charges to LANDLORlI> on time,
2) Leaves (abandons) the townhouse without the LANDLORD'S permission
before the end of the lease,
OR,
OR,
3) Does not leave the townhouse at the end of the lease,
4) Does not do all of the things that TENANT agreed to do in this lease.
If TENANT breaks agreement in lease, each TENANT agrees to give up NOTICE TO
OUIT. This means that the LANDLORD may file a complaint in court asking for an order to
remove each TENANT from the townhouse without giving each TENANT NOTICE TO OUIT
first.
The LANDLORD does not have the right to sue in through the legal process to remove
TENANT unless a TENANT has broken the agreements in this lease. Even though each
TENANT is giving up NOTICE TO OUIT, each TENANT will have a chance in court to
challenge the LANDLORD'S claim for removal.
IF TENANT BREAKS THE LEASE AGREEMENT, THE LANDLORD MAY SUE
EACH TENANT IN COURT:
1) To collect overdue rent, late charges and money damages caused by
TENANT'S breaking the agreements in the lease.
6
2) To get back the townhouse (eviction).
3) To collect for unpaid rent until the end ofthe lease or until another person
takes possession of the townhouse as a new TENANT.
4) If LANDLORD wins in court, LANDLORD can use court process to take
TENANT'S personal goods, furniture and motor vehicles.
TENANT agrees that LANDLORD may receive reasonable attorneys fee if
LANDLORD wins in court against TENANT for breaking the agreements of the lease.
20. ATTORNEYS' FEES AND COSTS
TENANT will have to pay any court, expenses and reasonable attorney fees, if
LANDLORD enforces the rules of this Residential Lease.
21. IMPROVEMENTS
TENANT will not make any changes to the Townhouse without the written consent of
LANDLORD. No changes to the locks or additional locks will be installed by Tenant. All
changes, remain in the Townhouse at the end of this Residential Lease and become the property
of LANDLORD. If LANDLORD, gives written notice to TENANT to remove any changes,
TENANT will remove the change and restore the Townhouse to its original condition.
22. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT
LANDLORD and TENANT agree that the additional agreements marked with a "yes"
are part ofthis lease agreement.
YES =
YES =
YES
YES =
CHECK-IN AND CHECK-OUT PROCEDURES
RULES AND REGULATIONS
NO PET AGREEMENT
REQUIREMENTS FOR LEAVING
23. SPECIAL CONDITIONS
The Attorney General has not pre-approved any special conditions/additional terms added
by the LANDLORD or TENANT after plain language pre-approval ofthis contract.
BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE
TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS
LEASE.
LANDLORD:
5 -~-~o~
'. J
;:? ~-
~Ciown Corporation Property Managemenf
DATE SIGNED BY LANDLORD:
7
DATE SIGNED BY TENANT(S):
TENANT(S):
Division for: Bent Creek Limited Partnership
Thomas Trayer
8
RULES AND REGULATIONS
LANDLORD: Triple Crown Corporation Property Management Division for: Bent Creek LP
TENANT(s): Thomas Traver
Townhouse: 507 Rittenhouse Sauare. Mechanicsburg. P A 17050
The following Rules and Regulations are part of the Residential Lease between LANDLORD and
TENANT. A violation of any of the Rules and Regulations is a violation of the Residential Lease,
and the party not in violation shall be entitled to exercise any remedies provided in the Residential
Lease.
HEATERS
1. No other heating sources such as kerosene heaters and space heaters shall be
allowed to be operated within the Townhouse.
GRILLS
2. The use of charcoal or gas grills is not allowed in the Townhouse or on any balcony,
patio or other common area on the property or the Townhouse.
WINDOWSIBALCONIES
3. TENANT will not place or store items on any window sills, ledges or balconies.
TENANT will not hang laundry or other items from the balconies, windows and common areas.
AWNINGS
4. No awnings shall be installed in the Townhouse without the prior consent in writing
of LANDLORD.
QUIET HOURS
5. TENANT shall observe "quiet hours" between the hours of 10:00 o'clock P.M. and
8:00 o'clock AM. daily.
W ATERBEDS
6. No waterbeds allowed within the Townhouse without proof of renters insurance.
CHANGES TO TOWNHOUSE
7. TENANT shall not install shelving, picture hooks, wallpaper, paint or change in
any way the features ofthe Townhouse without the prior consent in writing of LANDLORD.
9
SMOKE DETECTORS
8. TENANT is responsible for testing smoke detectors and fire alarms within the
Townhouse. TENANT shall notify LANDLORD if any fire warning or fire stopping device is not
working. TENANT shall not disable any fire warning device or discharge any fire extinguisher.
ROOF/CLOSED AREAS
9. TENANT shall not go on the roof of the building and shall not enter any area
clearly marked as being closed to TENANT's and others.
ANTENNAS/SATELLITES
10. No radio or television reception devices such as antennae and satellite dishes
allowed upon the Townhouse or in the common areas around the: Townhouse.
VACANT TOWNHOME
11. TENANT shall not permit the Townhouse unoccupied for longer than five (5)
consecutive days without notifying the LANDLORD (or LANDLORD's designated agent).
HEAT
12. TENANT shall keep the heat within the Towrihouse at no less than 50 degrees
during the winter period from November through April.
ALCOHOLIC BEVERAGES
13. TENANT will not consume alcoholic beverages in the common areas of the
building and grounds within which the Townhouse is located.
TRASH
14. TENANT shall provide appropriate nonflammable containers for trash and
recylables. TENANT shall keep the Townhouse and the common areas free from litter. TENANT
shall deposit all trash and recylables from the Townhouse into the proper waste disposal containers
or at the curbside NOT before 8:00 PM on the night before the pick up day.
FIRE EXITS
15. TENANT shall become familiar with and observe all posted security regulations
and all posted fire escape or evacuation routes and all fire exits. Questions concerning security and
fire procedures should be directed to LANDLORD (or LANDLORD's designated representative)
without delay.
10
LOCK OUTS
16. TENANT must call locksmith if locked out of TENANT's townhouse after regular
business hours, (8:00 AM - 5:00 PM) to get into the townhouse. TENANT pays for locksmith. If
TENANT loses the keys to the townhouse, TENANT pays LANDLORD $10.00 for copies of
keys during regular office hours.
11
PMG-<i6-1l98 .
Addendum To Rules And Regulations of Lease Agreement
Triple Crown Corporation Property Management Division
Pet Ownership
The Landlord and Tenant agree that the Landlord will allow the Tenant to have the pet(s)
described below in the designated premises under the fi)llowing agreed terms and
conditions:
L Description of pet (type, breed, size, color, name):
2. The pet will not be allowed out of the home unless it is in the custody of the Tenant
and on a leash. Pets are not to be tied out at any time. Any tire out cords or stakes
will be removed from the grounds when found.
_ 3. The pet will be curbed on the property. Township laws require pet clean up. Failure
to comply with pet clean up rules will result in fines or dean up fees. If you do not
clean up after your pet a fee of $50.00 will be charged to your account each time we
must pick up after your pet for you. Please note that if the problem is on going we
will be forced consider revoking your pet privileges
4. The Tenant will permanently remove the pet from the pr~:mises if its noises or barking
cause any complaints from other Tenants, it damages the building or town home, or it
bites or injures any person on the premises.
5. The Tenant agrees to pay for any damage to the building or its grounds caused by the
pet. The Tenant acknowledges full responsibility for his or her pet and agrees to pay
all costs involved in restoring any damaged areas to tlll:ir original condition. If the
damage carmot be removed (stains or other destruction of property), the Tenant agrees
to pay the full cost of replacing the materials.
6. The tenant will pay the Landlord a non-refundable pet privilege fee in the amount of
$-zjO.t)tl , and an additional montJ;lJy fee of $~.
"or f1Uj1'NI/ 'fr; r JDhl1 ASa;dzJ
'x,. A maximum of two (2) pets ~ permitted per home.
Address
Phone Number
Tenant
Date
Tenant
Date
Landlord
Date
TRIPLE CROWN CORPORATION
Developers · Builders. Manag,ers
National Housing Quality Award Winners
100 George Town Road
Mechanlcsbura PA 17050
(717) 697-2226
FAX 1717\ 697-3338
Dear Pet Owner:
In our effort to control our waste problems we Ilave decided to implement a pet
registration system. Tllis will help us identify pet ownel-s before we enter a home
for maintenance reasons and it will also Ilelp identify homes with pets for clean
up reasons. We are very happy that we can be a pet friendly community and we
want to be able to stay that way. With the pet waste situation the way it is we
must take a pro-active stand to help maintain our Iligh standards within our
community.
With that in mind we ask that everyone WllO has a pet please fill out this form
2nd return it to the office or drop it in tile rent drop box. When this form is
returned to us you will receive a pet ID sticker for in your front window. This
sticker will identify you as a pet owner to our maintenance team and help us
better serve you and your pet.
Home phone
Your Name
Address
Work phone
Name pet answers to
Description of pet (dog or cat, breed, size, color):
Tell us about your pet (anything you feel a maintenance person may need to
know if entering your home when you are not there):
Please attach a photo of your pet to the back of this form. Photos will be used to
help use identify lost pets. If you have any questions please feel free to contact
the office at 697-2226.
REOUlREMENTS FOR LEAVING
To safeguard TENANT's deposit, TENANT must do the following items:
1. Supply us in writing your new address.
2. Call Triple Crown Corporation for move out inspection.
3. Return all keys pertaining to the property.
4. Thoroughly clean the apartment:
KITCHEN: Range: Clean interior and exterior completely.
Refrigerator: Clean thoroughly. Don't forget behind. Unplug
and prop the doors open.
Range Hood: Clean thoroughly, remove and wash filter.
Dishwasher: Clean inside, unlock door catch.
Cabinets: Clean inside/outside and remove shelf paper.
BATHROOMS: Ceramic tile/fiberglass: clean off accumulated soap.
Bathtub: clean tub, remove stickers.
Medicine and base cabinets: clean inside/outside, remove
shelf paper, clean and polish mirrors
OTHER: Clean sinks, faucets, toilets, countertops and floors.
CLOSETS: Empty completely, including hangers. Remove shelf paper.
BALCONY/PATIOIDECK: Remove all items and sweep.
W ALLS/WOODWORK AND DOORS: Remove marks and hand prints.
Wash switch plates. Re-paint any walls to their original color (call for
correct color.) Remove any wallpaperlborder installed. Dust all walls and
vents.
WINDOWS: Wash interior glass. Clean mini blind slats.
5. TENANT will remove all nails and hangers fi'om walls.
6. Please have all carpet shampooed thru out home. A paid receipt for the carpet
Cleaning is required at move out inspection. If a paid receipt for the carpet
cleaning is not provided at the time of move out, $ 150.00 will be deducted from
your security deposit for carpet cleaning.
Shampoo if soiled. Sweep basement if applicable.
7. Call all utility companies to have the meters n:ad and place the service in
LANDLORD's name.
13
. 8. 'Ifunit needs IOtal cleaning, the flat rate fee is $250.00.
If a damage or dirt is noted, repair and cleaning is done at the expense of the leaving
TENANT. Painting required to cover paint other than ours, to touch up marks on walls and holes
in walls and woodwork, will be done at the leaving TENANT expense. Damages are repaired and
charged at the current rate to the leaving TENANT. The leaving TENANT must be present at the
move out inspection in order to dispute any charges. Failure to appear waives all rights as the
lessee to dispute any charges assessed in your absence.
RECEIVED BY TENANT(S):
Thomas Trayer
Date
14
Mar.24, 1003 1:17AM
No,0119
p, 19/15
PMG-40-300
Triple Crown Corporation
Property Management Division
Resident Handbook and Good Neiahbor Policy
Hello and welcome to our Triple Crown Corporation Property Management Division Community. We realize thal
moving is hectic and you have a lot on your mind, bul ple..e take . few mmutcs to acquainl youn<elf with your new
home and the amenities included.
We look forward to our long resident relationship and wish you much happiness in your Triple Crown Corporalion
home. Our staff is available to answer any qucstioos you may have and are always eager to help when we can.
MAINTENANCE SERVICE - If you need sernce in your home, just can the Triple Crown Corporation Prope'Tty
Management Division office number and your wOlk request will be taken. R,)utine service within normal wear and tear
will not he . charge to you. If however, it is detcnnined that dIe work needed was precipitated by negligence, your
account will be billed at the cum:nt rate. .'Qf your convenience, we offer 24 hour emerge.ncy service fur severe water
leaks causing damage to propeny, no heat, fire, or fum.... No air conditioning is not considered an emergency. All
routine service will be perfonncd during regular worl<ing hours.
RANG E - I f you havc a continuous or self cleaning oven, please do not use e<'>Tnmercial oven cleaning produd. as tbese
lllIl)I hann thc surfi!cc and cause caustic fumes. A mild soap and walet will dean away any residne left behind. Your
oven .hould be kept !Tee from eKces.ive grease to avoid fire.
DISHWASHER - All dishes should be rinsed and food scraped befure placing in dishwa..her. Food will clog the line..,
and you will he charged. At no time should you use dish detergent In'lead of dishwasher type brands as this will cause
an overflow problem.
GARBAGE I>ISPOSAL . Your disposal is for food type items which can be ground easily. Any non-rood items or
bones found d.m.ging your disposal will resull in a charge 10 you. The best rule oft!nunb is if in doub~ do not put it in
tl1e disposal. Please ailow a constant .treom of water to flow before, during, :ond a few seconds following tl1e grinding
process.
PLUMBING - Do not flush diapers/wipes or any other solid waslC down your toilet The fixtures arc desil,'11ed for
human waste products only. A plunger is a greal device to have wben your toilet is clogged or drain Ibat wiil not flow.
Grease is not to be disposed of via your sink drain as eventually the line will clog. Typically, any line that needs snaked
i. a service char!,.., and any line that can be cleared with a plunger is a service "harge at the current rate, with . one hour
minimum. Again, piease use the provided TCC plunger!
RE!<"RIGERATOR - The frost.free refrigerator i. a sreal convenie.nce and needs only a mild delergent and water to
clean. If ice fOrms or there is a spill, do not use sharp objects to chisel away as Ihcsc could puncture the Wlit.
"tRAm I Cg~fl' 'l;:'F6R . Place compactor bags (available at K-Mart and Sears) in the eOlOp""tor as you would a
garbage can and then add your 1rash. Latch the door, and the cycle wiil hel,.;n. Let the compactor complete the prOCe.....
to open dIe door.
PATIOIDECKS - Your outside area must be kept neat and reflect the high s1andards of the commlmity. Only porch
furnitnre, plants, planters, and related items arc pcnnillCd on the outside oftl1e buildings. No laundry is to be displayed
at any time. This includes etolbeslin.., drying apparatus, and draping wet items over raiiings and/or furniture. Neat
palios and balconi.. are a good reflection on you and tl1e community in which you iive.
GRILLS - Gas and charcoal griils are permiUed only with the pre-approval of Triple Crown Corporation and with the
understanding that they must be kept a minimwn of 15 feet away from the bulldlng when in use. Coals are to be
disposed of properly and not placed in beds or grass areas. To avoid fire, plac" the grill near the building only when it
has cooled to tl1e touch.
SEASONAL PLANTlNGS - If you choose to plant flowers near your townhome/apartmen~ please limit them to lower
growing v.Tieties which can be maintained easily by you. It is also your re.'1>OIlsibility for the e.nd of the season clean
up. Vegetable plantings are not permitted
Mar.24. 2003 2:17AM
No ,0,229
P. 20/25
WASHERID}{YER - If yow- townhomelapartment has a washer Or drycr, it is for your exclusive use as long as it
operates.
I.'ETS -If you Own a pc~ you must first acquire permission to house yow- pd Ii'om Triple Crown Corporation Property
Managemellt ~ivision. Many of our communities do 1I0t permil pets at all, and there are pet restrictions and pet fees in
the communities that du. Please call us first wit)) any questions yuu bave befol'e cboosinR to own a pet.
SPACE HEATERS. No supplemental healir'8 devices of any kind are permitted 10 bc used or to be housed ill the
Triple Crown Corponllion Property Management Division townhome.. and apartments.
VEHICLES - Parking is n."ClVe-d for desIgnated spaces and usually marke,i. Please hnve yow- e"mpany park in the
visItor spots. All vehicles arc 10 be currently licensed and inspected and be in operable condition at all times. No work
is to be done on your vehicle in the parking lo~ ashlrays am not be emplied intu the parking lot Vehicles not in
compliance will be towed at the oymer's expense. No commercial vehides, boats, trailers, campers, recreational
vehicles, etc. are allowed to be parl<cd on the properly at any time.
TRASH COLLECTION - Rubbisb will be removed either by cw-b side pkk up or oonUllon area dumpster. If your
community has curb side pick up, pIcase pullra!;b can. out no e.,rlier tlum 24 hour. prior to trash collection day, making
sure that bags ...e tied and can lids are seellre. Cans are nol to be .l<:lred on or neat tile Irunls of the bllilding. If yow-
community has a dumpster, please bag trash and place in Ille dumpster. N,,,,er leave bags 8rOlmd the outside of the
dumpster lIS thIs will cause lIIl unsightly condition and allrllct rodents. If a boli<lay preceded the regular t""h collection
day, trash will be collected one day Imer.
EXTERMINA I'ION - If for some w,fortunate rcllSOn you are in need of pesL eontml in your townhomclapartmen~
pleasc be aware that it is tbe responsibility of the resident to contact an extenninator.
RENTER'S INSURANCE - It is importlUlt thaI every reside."t purchnse a I'enter's illsU!1ll1ce policy. Owner's arc not
responsible fur damage l<:l personal properly caused hy malfuoction or flooding in the townhomes/apartmenls.
WATER FURNITURE. You are pennitted to have watL'" furniture in YOW' Triple Crown Ct,rporatiOll Property
MllIIlIgemOllt Division home with proof of insurance. Of COUl1ie, any damage 10 the IOwnhomelaparlmellt caused hy the
water furniture will be at your expense or insurance claim.
~ - Triple Crown Corporation Property ManagemenL Division prid,,, itself in the profcssionally IIlllDaged
connnnnities and responsible residents living there. Please be considerate of ye'ur neighbol1i when playing YOW' stereo or
television. You andyoW' neighbors have lhe right to quiet enjoyment in YOW' home. General roles are as follows: NO
loud music, parties, televisions or radios are permitted atler 10:00 per the township noise ordinance. Violations should
be reported promptly to your local police department Steeple Chase/Paxton MlIl EsWes/La Collina - 652-8265
Blue MeadowsIPiccadilly SquarelFairfax Village/Coloni.1 Manor. 657-5656, Beacon HiII- 975.7575, Gecl~ - /g'17-olr07
NEIGHBOR RELATIONS. As in any commnnity, good neighbor policies should be expected. It is b'OOd to know
that if an i...ue needs l<:l be addressed between families, it is alWllYs best l<:l do, Iltis between yourselves. Triple Crown
Corponllion Properly Management Division docs nol in any way intend l<:l igno", oW'dulies Lo you. but wonld appreciaLe
YOW' iniLial efforts in trying to settle a dispute if possible.
VACATING - All intentions to vacaLe m\J$l be io writing and presented a full sixty (60) days before the end of yOur
lease. Notices are given on or before Ille fu"St day of the month for lWO full montllS thereafter.
LAWN AREAS - We ask you l<:l respect oW' grass area.q in the tommuniae:; by not driving your vehicles or riding
bicycles on the lawns. Children mOSI certainly can play around the buildings but muSL play away from the beds and
tanbarked areas. Children's toys (playschool gyms, wading pools, tte..) must be used only in the rear of your lownhome.
These toys may be placed temporarily on cOllunon ground in the rear of thc townhome only under adult supervision
while in us. and mu.'It be put on the patio or deck when not in use. These toys may not be left Oil the grasslclmlmon
areas when nol is use. Pets are to be walked away from tl.e buildings and owneJ~ must cleall up after them i.mmediatclv.
No pets are to be tied out and len unaucnd.d on a leash or nul.
Mar,24. 2003 2:17AM
No.0229
P. 21/25
,
~ENl'1\A.... v A<.:U UM - If your Triple Crown Corporalilm townhome is equipped with a central vacutun, you will be
supplied widt hosing and cleaning atlllchmenls which can simply be inserted into tile wall ouLlel.,_ If your hose has a
meral ring at the ills<>rtion end, your vaCUwn will come on aulOJllatically when connccted to the oullet Otherwise, you
will have to lwn he main system on then begin cleaning. By undoing the latches at die base of the unit, you can empty
the debris for the neJrttlme. Directions are usually on the unit canister if in doubt. If the hose becomes clogged widl
large trash, pine needles, Or any other item not easily swept into the syslem, stretch the hose out and gently remove the
clog. Any service work necessitated by unordinary dirt will result in a charge.
SNOW REMOVAL - Snow cleat',,"ec end lawn maintenance will be provided for you at tile Triple Crown Corporation
communities. It is a good idea to keep a shovel handy, tllongh, as the snow plow migbt bank the snow in the back or the
front of your veWcle.
WINDOW COVERINGS - A II residents are to put window covering.' up widlln the first two weeks of occupancy. The
window tn:alment that you select will be up to you; however, we ask that an window treatments have a wbite or cream
backing ro that the connnunity will have a unifonn appearanec.
HV AC . Regardless if you have an electric or gas furnace, your systcm will have an outside unit. Pie... do not sture
anything around these units since damage could occur. ffyou see all excess of ice forming or hear1unusual noises, please
call for service. Here are some tips yuu need to know about your heating alld cl>oIing systems:
l'hennOSlat: LocaIed on your wall will be the thermostal that regulates your hcating aud cooling needs. When
turned lo "automatic" seuing. the unit will turn on and ofT as the thermOSlal is satisfied; when "buned ou'\ the fun will
run continuously. If the emergency fealurt: comes on, yon will still have heal, but the system will ne....d checked. it is
bener to set the thermostat at the desired heat or cooling temperatun: and leave it alone. Ily turning off the air
conditioning, for example, during the day and putting it back on at night, yOllr "ystem will have to worlc twice as hard to
cool down the home and cost you more in the 10Dg run.
F1lten: Located on the fumace is a panel that is to be n,"lOved to locate your furnace filter. I f your filter is
washable, just rinse with water andlor a mild soap. and put back. If you have" disposable r.Jter, the size will be clearly
IlIllrla:d on the IiIter and replaced with the same. Furnace filters can be purchased at any hardware type store. By
routinely replacing/cleaning your filter, you will save many dollars on your utilio/ bill. If yuu cannot change your filter,
just give us a call and we wm be happy to help.
PAINT RF:QUESTS: Triple Crown Corporation's policy for new paint Is a home is as follows: Painting requests will
only be taken after the resident has rented the same rental home from Triple Crown Cmpumtion for a period of five
)'C8l>. Painting req....ts will only be taken al the Resident's renewal time and schc<.lulcd widun three (3) months after
the request has bcen approved by the Triple CrOIVll Corporation Maintenance Supervisor. The Resident will be then be
notified in writing by the Property Manager as to the dale and time of paintin;g and the fi,lIowing directions are to be
followed by the resident; All wan items must be removed from the swface by lhe Resident, boxed and preferably stoted
away from the room to be painted. It is the responsibility of the re.ident to have all fUrnilure moved away fTom the
walls, placed in the middle of the room and to provide a clear walk way aroWld the room to be painted. Triple Crown
Corporation and its contractors are not responsible for moving a residents pclSonaJ items, funtilure OT wall i1ems. Tripie
Crown Corp. and/or its contractors wlll provide drop cloths. The resident must be home during the procedure end it is
the responsibility of the resident to return the fwnilure to its desired mom Jocation and rchang wall items.
CARPET REQUESTS: Triple Crown Corporation's policy for carpel rcpl8J:ement in a home is os follows: Carpet
replacement requests will only e taken after the resident has rented die same renbl! home frora Triple Crown Corpollllion
I;'" II period of five years. Carpet requests will only be taken at dte Resident's tenewartime and scJleduled within three
(3) months aller the request has been approved by Triple Crown Corporation. Carpets dlat have been heavily roiled,
damaged or stained dne to resident negligence will result in charges to tile reside'lt accOWlt.
Mar.24. 2003 2:18AM
No.0429
p. 22/25
REMODELING - No changes to 1I1e apartmentltownhome are to be made unl... permission in writing is given by the
own.... If you want 10 paper the walls, paint, or alter the interior of the home, we Will explain what is allowed if you
give US a call.
PURCHASE PROGRAMS. !fyou are interested in purchasing a new l'riple Crown Corporation home. we offer the
American Dream Paebge - a unique program that allows you 10 save money for a new home while lea..ing. Please can
the Propcr1y Management Dt..partment for more details.
I have read and undcmand the Triple Crown Corpomlion Property Management Division Resident Handbook/Good
~o/
S~pCOd
"_-----1...__
Dale
Sigrlature
-----.--
--.---
Date
--
TRIPLE CROWN CORPORATION
Developers. Builders. Managers
Nalional Housing Quality Awalrd Winners
100 George Town Road
Mechanlc.burg, PA 17050
(717) 697-2226
FAX (717) 697-3008
Smoke Detector and Fire Extinguisher Agreement
This document is an addendum and is part of the lease or rental agreement dated
By and between Triple Crown Corporation, Owner I Agent, and
Tenant(s), for the premises located at
.'
Owner I Agent and Tenant agree as follows:
1. The premises are equipped with smoke detection devices and a fire extinguishing
device.
2. Each tenant acknowledges the smoke detectors were tested and the operation
explained by management in the presence of the tenant at the time of initial
occupancy and the detectors in the unit are working properly.
3. Tenant acknowledges the fire extinguisher is full and not damaged in any way.
4. Each tenant shall perform the manufacturers recommended test to determine If
the smoke detectors are operating properly at least twice a month. Tenant shall
also check fire extinguisher level regularly.
5. All smoke detectors in lhe home are hard wired with a battery back up.
6. Tenants must inform the leasing office immediately in writing of any, defect,
malfunction, or failure of any detectors or f1re extinguishing device.
By signing this agreement each tenant understands that said smoke detectors are battery back up
units and in the event of a power failure the battery is critical for the smoke detectors to work
properly. It shall be each tenant's responsibility to:
a. Ensure lhat the balLery is in operational condilion at all Umes in the smoke
detector and that the fire exlinguisher Is full.
b. After using the fire exlingulsher, It must be replaced at tenants' expense. Inform
the leasing office immediately In writing.
c. Replace the battery In the smoke detector as needed and .
d. If, after replacing the battery, the smoke detectors do not work, inform the leasing
office immediately in writing.
e. Always inform the owner I agent of any fires in your home.
In accordance with the law, Tenant shall allow owner or agent access to premises for the purpose
of verifying that all required smoke detectors are in place and operating properly or to conduct
maintenance service, repair or replacement as needed.
Owner I Agent / ~
Date 3 - ~J-f -O~
"'\Tenant
Tenant
Date
Date
Mar.24. 2003 2:18AM
~o.0229
D 24/25
,
,
-
THIPLg CI10VVN COHPOllI\TIOI.l
Uov~llopoUJ . DlIlldolG . Ivtl1l"'!I"l!1
Ul\tlonal tlounhlU Uu;dlly I\VV~lttl V"llltlm!~
10U (lou'VI) -"Onn Hottd
MochOlllcslJUllJ, PA 11U~iO
(711) OVT-2220
I'A ,( (717) O~'.:J330
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Coli Phulle .......____. __'__'. .__..I'.-lvll1l1 /\....,"',,'... -LZ.t>...AJ!~m!ftt(f:J(!;-.t/~/
I herQby l:u:I....luwluuun (.Ind nUtuo to IH) hili)' 1t)~qHlllnll,lf) It)!' fUlY nit.... UllllluvlaB Ol~
UEunes uUllo\'Vl:JLI by 111(,) ur 'nUllll)ol(~ or IllY 'Inlllll}, vvlllln InJllIU 11.0 vhJoo .eutol
so.vlcos IJHJvhJul,,) by Guuruuluwu (;1 t.HtilllU I\pnl hl1uulu. I l'UIOO 1u loluUI all
movies "..gumes llllllu "'"l1u """lllll,," t1,,,y w."" '" wi "" I "'"lod wllhlll '10 hl.lur,,_
I agreo Ihull h,IVU ch'l\,I,oll "ul lI,l''''' vido"" ,-".d 11'"'''''' III '"Y l'WII .lsl, allu <.10
lIoqlolu Ouoruutowll Clusslll!J I\lltllllllullb UI Vltluu HUIlI;.,1 [;U1vIGU5 lIalJlo lor
OilY IJOGflllJle lIUlIllI!JU tu lilY uquiplllOIlI. I .O\JI"" It) PllY l.I :1;'1.0lJ pur lIay reo rol'
each day thaI u villao or !JUlIIU iu 11l\0 tlllll" $'I.UlJ luWilld dltllUll. I olso agree 10
pay a ~;!j.00 reo II) luplaco allY lusl vitfoo IUIIIIlIl;Wthllf Iluutlud. I Elulhorlzulhe
managoment of GuurUlllowlI Cro~;:;IIIU ^parllIWIII[l tll dltll\}U IllY wlllal account
the tolal amounl uwod illl:ludillU lull 1I1wl<ll1 v<lhlO ur nil ilollm returned to us
damoged.
K I givo illY child fchildroll pormiuuiull lu borrow a muvle 01' game WiUl
lilY card. I willllO Il.wpunl:ilJlo tWUlIllinoL! alJuvo.
I glvo pOlllllsnloll 10 II1u MtIIltltjulllulll uf GlJUIH010WIl Crossing
ApurllllOIlI[l 10 mlllsu allY l1l\Jvlu or !/"'llll nol (;tlllot! for Ihe age of
Iho child.
~.
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Properly
lldent's Name
dress
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IVIUlHlUelllCllt DivisiulI - IIISPI!I;liull CIII!!:II List
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PM6-11-0699
City
!;tnte '__'_ Zip
1\ Ilel Ie II
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Fill,,, ,;IIHIlI vvllh IIlI 1I"lu!1 UI It;III:\
Wolf!l duml 111\11 III II hll 1l0!]OI I
Wil'IltlW!; deul1 UI1lIUlllIUIlH\U1ltl
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1=110111111;1-' t:lt!llll l~ VIlCUIIlllIJtI
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IJlilHh, Ilr cllllnill!l
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Munier !Jelll UOIII
CUI pel clelll1 1.-III,Ii.-,iiii'-tjod _.. "
Wal/!; (Il1d d'I<Jln cloall " IIlIdlllllll<I""
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_,_.___L_
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CHlpnt c1f?1I11 l~ t,-.-Hhiillri-ijii;j'''-'
Wull5 nnd door!) drHlII l~ UWhlllHI!Jnd
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Clw;nl!; dnnll }~ IIIIt/mllnund
1J1I1ldr; or cllIlnlrlH
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Wal/!; 111111 d",,!!! cI'!IIIII. 11I1I1""111!J,,,1
Wllldow!; clonl1 1~ tIIHlf1IllllUl!d
Closols clorlll " IIlIrlalllll!)nd
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Flools c1eall I. olliiiiiliillJo,j----
Wnlls & duols dOl1ll 1\ IIl1dlllllll!Jod
[lalhlllb & showor don II & 11IHI,,,,,,'II""
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Tollol don II " UllrllIlIllI!)od
Tollol pnpor holdor
Plullr,or IOvolvodJexplllhlod
Towol,ncl< plosolll & I""HI
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Unllilllh [I,. shower c1em\ & tlndnllloqod
Sink lk (~{llJlllohy c:Ionll lk U1HlnIlHlHr!l1
Tullol c!OUII & tIIHhllllnvod
Tolle! pnpor IlOldf!l'
Town1 Inclt prw,rl!ll lk 1\lIIlU
MitIOr clelll1 lk tJJidollll\!Intl
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~Jll1l< tk culJlllolly cloo" lk ll"dnrlUl!I'!t!
Tollol clnllll & IllltlIIlIHHII!l1
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Summary - Move-hI __
I celllly
the subJeot towl1hOmeJnlJlulllwlI1 hll9 11fH!1I 1I1~pl!de(1 Illlll till! Clllldlllllll h:; IIn lIoted:
Properly Mann!]clllcnl S\nl/
I )al.,
1l""ld"nl
Dalo
- - - - - - - - - - - - - - - - - - - - - - - - -
SlIltllmny - Move-olll ____n__
Excess Tto!';h Charge *I5U.()() (lIIIorn IIwn lwo ha~ls) u y"" [I No
Tolal et;lhullled charge 10 lnllalll liS of (Dnle) ______________ Eslhllnll!ll Charge
Nole: il'ash Is 110110 he lell nt ""lh 1I1ll1"n IhulI 21\ hO\ll-" "nroln ""Ulllnr plcllllP
I carUly Ihe subject lowl1l1olTw/npntlrllOll1 lI1ls IJlll)(' 111"1",,;10<1 111111 "'" ",,"diil"" I" "" 11111,,01:
Prope."\y Managemrml Slnff
Uale
Ilesldelll
Dale
Forwmdlll!l Addres,; Phone Number
Application Fees:
Individual - $20.00
Joint - $25.00
CONSUMER NOTICE FOR TENANTS
. . TIllS IS NOT A CONTRACf
(Noc,. h IUd """. Ur.IIt.. b "./1qf"t/twtJt.1ll1f41M1, """/,,,"lflmGlfl flrINlUlldlDn "ull'".,
(Licensee) Elaina Mi'lr; p 'P;3~t"'h' Q,,"
Z r:!.on....SJ....I-.....,R. g5'eClo:'Re:c/l"l""~"'""", W~ll/Bt1rE!
, or (I) OwnerlLandlOrll nf the Property; .
JOt (ii) A direct employee of the Owner/Landlord: OR
>Or (iii) An agent of the OwnerlLandlord pursuant to a property management or e1.c1usive leasing agn~ement.
.
.
7
.
,
10
11
"
"
"
15
"
11
[acknowledge that I have received this Notice:
Dale: S-~<( _03 0
hereby states that with respect to this property (describe property)
,lam acting in the following capacity: (l:hetk one)
.eJ
Print (Corl5Umcr)
Signed (CcifI8umer)
AddrclI(Optlonal)
Phone Number (Opllonll)
Addrcu(Opllonal)
I certiry lhat I have provided this Notice:
Pho~ Number (Optional)
(Ucenlce)
(Date)
18
19
RENTAL APPLICATION
This rom recommended and IJIPfOved for, bul not m1lrlcted 10 ~Re by. lite member. or the Pennl)'IVlnla A~~lI(:llllon or RBALTORS'IIPAR).
20
"
Provide at least two years or history In Sections t & 2. Fill out all sections completely.
Attach additional sheets Ir more space Is needed. Please type or print alllnrormation dearly.
"
"
"
"
Z8
21
21
"
LANDLORDIBROKER INFORMATION
Landlord/Broker (Company)
Alent
Office Address
Phone{s)
FAX E-mail
1. APPLICANT INFORMATION
APPLlCAN..!.!ID Chet:k here If .ddU~rormallon Is atlached
Full Name ....Lt1o m flS AI, I tC~ -<.rt-
3J Is Applicant alleast t S years old? ~ Yes No
Social Security Number 0l0;}.. -l/;2 -G 1/...3
Driver'sLicenseNoJSlale /~t;,,-- 9.5-P- OY'..P PA
Home Phone 7(,/-6 c/.P03 Work Phone 7, 30 fO,S-
~sent_~kss&J:/ ~ :J Own O,cRent
From: _ To: Renl/Mortgage S fmo.
LandlordfMortgage Co. Name & Phone
"
"
"
..
"
"
31
"
"
..
"
42 Previous Address & ZIP
..
DOwn 0 Rent
fmo.
From:_ To: _ RentfMortgage S
LandlordfMortgage Co. Name & Phone
..
46
46
41 In case of emergency, contact
48 Relationship
..
Phone(s)
"
"
52
"
"
55
"
"
50
"
2. EMPLOYMENT INFORMATION
APPLICANT 1
Employer PA
CilyfSlate (1 I. 7 ;}..-
Phooe' ~-30bS-;t S;I?;i,",5'!""" &dtl:
Posilion '~Ih.4va .sr ...../uc. m ~m, k
Gross Income: S fmo.' OR f
$ /hr.. for _ h~er w:).n averugc
Employed From ,A..{"?//. /j'P~ To i/-krl<
o PROOF OF INCOME AnACHED
60 Previous Employer
81 CityfStale
62 Phone
63 POllition
64 Gross Income: $
" $
&6 Employed From
Supervillor_
Imo.OR
fhr., for _ hu. per week {on averng
To
PROPERTY INFORMA.TION
Address
Move-In Date Tenn_
Monthly Renl $ . Application Fee $
Other $
Olher $
o S~ Advance Paymenl Addendum for I.ddltlonallnformatlon
A
Fo
(,
S
0
11
P
F
L
P
F
I
d
it.
)
,)
APPLICANT INFORMATION
rPLICANT 2 0 Check here If additional Information Is atlached
II N,,,,, L"'.ID~ .J. --n<:"'1~"-
Applicant at least 18 year:t old? 'jia:. Yes 0 ~o
oclalSecurityNumber 19'1-4';)...-~.r '37
river'"UcenseNoJState /6""- '7s,-s.-... o? 0 PI}
orne Phone 7t..1 .... fccj .f\' .3 Work Phone N 14
re.,entAddress&ZIP 7r/ O/l..(L.f ~3fl,(',
1V\.p{'>L.Il1t..,i<n6,.~ P/~' wn 0 Renl
rom: _ To: ~ RentfMorlgane $: fmo.
andlonlfMortgage Co. Name & Phone
1<<.'l'
rcvlous AddreRs & ZIP
_D Own 0 Rent
rom: _ To: _ RentfMortgal~e $
LaodlorW'Mortgage Co. Name & Phone
n case of emergency, contact
Rc1nti(lfll>hip
Phone(s)
EMPLOYMENT INFORMATION
AI'PLICANT 1 0 Chec:k he.-e IraddlllonllllnrormaUo" III aUac:hed
Employer J /""71-
CityfStntc /J / n
. ,
Phone SupervisQr
POllition
Groll!; Income: $ 1010. OR
$ /hr., for _ hrs. per v.:eek (on average)
Employed From To
o PROOF OF INCOME A1TACHED
Previous Employer
City/State
Phone
"
..
"
50
"
"
"
fmo.OR 84
Ihr.. for _ hrs. per week (on nverage) S5
To 66
Supervisor
Position
GrollS Income: $
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m:::CL1\nATION
l2r.
COVllNlU~TS. CCNnr1'IO~m AND .KJ::S.TIUCTIONS
'T'H:G DBCLN<ATI01~ is ",,,,1... ~.hiS.~ day 01: _MA---' ,n03,
by MAll.W X'. DlI;M"L"O and ~ES r,P.ANDON, Jli. (heI"ainll!L,=~ l...hn-"d to
.
aw IIDec1nrant").
WIT!JF.~.~F.TH:
WH~S, Decla.r3.n,; is t.he OWJl~r in :tee 3j,mple of t.:l:.L.ta:i.n real
property l';a'=It".~d in Hampden T(;W;1Ship,
Curr.barlll:lLLd r:nllnty,
Pennc:ylvanlit ~nd desires ~o er..atl:' thereon Q z'ee:1d;>nL.i...l ",~mmunlty
rherc1naft~L reFerred to as TISilvfo:''' 3rvoKIl);
wllEREAS, D.."larQnt dQsires '.... insure and I?esel-v" the
<lct.racti'/c appellranc" of the individ,,~l lots, or parc"ls ,~f said
si 1ver Drook and t,~ prevent any fut,"." ill1};'airmen~ th..reof, to
pI'~v~nt nui::;at;.ce~ r 't.., preserve, proter..:l. and enha.nce 't.he= l/all1~5 and
arnel!it:.ie.s of t:he v..Li01,)Fi lot~ and pa.rcel,:; of the real pI'Vpii!'rty and.
to lhis end, dasi.<:"'s to ElubJece s,,;<1 real propexLf t.n the
,COVenal)t.s, conditious arh'i reatricc1ons, ~ach and all o! ",hi r:h arc
for ~he benefie of ..11 tn", rC31 es~at" and the vari"lIs "wner~
thereof; ..nd
NOW, 'r'..tER13l'Ol'.E, eh.. D.."larilnt seate", a:~d declares th~t the
reQl prop.. r ~.y hereinaJ:L"r ,~escr~b"d iY "nd shall la. h",ld,
t-.ranoferred, Rold, conv8~,="dr ,""t:cupied a."d ,:,,(Ijoyed subjecl.. t" the
en'",eno.n'Cc: I
/ :nndi. t ionc ,
L'!:st,...ictions
(ll,,,,
"Covenan~!W
.."nd
RP.::-;trictlon5l") hereinc.!t.ar lIlet fnrth and a~ may b€ cuppl~m~nt:e:d
BOOK GH7 ?~LE 0:{1!:1
!,t:om time co 't:.ill'~.
n /"'t> .~ECE IVED T IMEmA.UG, .4. _.LU~~~
HUU-~~-~~~J ~U'~'
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I'.RTICLE T
P"R()P~r.TY ~1J3JECT TO 1':..;'T:; DF.C~~d'ICN
~on--1. rhp: real propeny wl..i.ch c;ornpr1'~eB' Silver B,r ,'JOk end
whi ch io ....nd ahal.1 be held. lo....sed. LL/\""ferred. sold, con.v..yed and
o~r:upicd &ubjer:1 to thio DeclaL"C'I.~i...,'I'\ i3 located in HampC1en
T,,"'n~hi.p, Cumberlalll) r.OU.l.t)". l'(mm;ylv"",i~ and l.e more p.ul.ir:ularly
bouud..d and deecrib~,j ,.,n Ellhibic 'A" att.nchcel hereco 1\1") "",de il
pare h~reof.
J>.R'l'ICLl::ll
GFNP.RAL PROVISION~
Sect lr1n 1.
EasenU=!:'\'lt!; and. Riahts..o.f-Wa':t.....1or Servi...:-e'i'l and.
~e.nanc!;'. The llcclaraut, t.helr heirs. p,,'rsemal represellLatives
and assigns. ~re hereby g~v..n t.he right tLl 9rant wi thin Silver
Flr.oolc;. such ~rl;l;err.ent3 and L-ight.s..ot -wa.y to ,:;uch public '.,I,L.i.l-i I"'.y
cnmpa.nies and public or 9tJV'E'rMrnent.al aqent" i e:, or a.uthori Lie~ as
tl'ley shGll de~1U 1"ece9sary fol.- tnf'l: proper serv i ,::ing and maiu(,;en.ence
or silver l:lrook; provldcd ch..t nl'!Cli:lX'a:Jt.'. J ight to qrauL .",r.h
eas,-ments ~hall b~ t':xerciced r~C\sr.'l'l"'lably and in ~uch a rnannElZ as 1".0
prevlrc!n.t undue 1nLI:"'r"ferencc. with pxist1ng 1rnp.rnve:mento thaI.. ?,"e
local,.ed on each It.ll.. as: ,,,ell Clt.: w; t':h rccpac"C I." the uoc conul.\.et.~d
on gac..:h 1ot.
SI:!L.:t; nn 2.
Ect~~m~nt.
DBt.:la:r."nt. reserv,=,:"-; unto t.hem:.lwlvf".:9,
their par,;o,.,,,l repres",,,,:ativcO, h..1rs and assi9n.~. a perpet:u"l end
I. ransfcrrallle ei.10ement. r,ll.', over anu t1nder t.:he U round t.O 8I'li:e:Ct..
mi:t.i ntaJ.n anc.l lIge electI' i c:, tclep.h<.J".O:- and C)t.hel poJ.es, wiLes.
n/Ee.~ECE IYED TIME'uAU_G:
4. 10: 2 o AttOK 6911ACE33?O
... c.._.__ ._.' IT' _...,_ __..
nuu-u~ L~~~ ~~.~,
c",hles, conduil..:o"i., SC.,.,.er3, wate.t If!f.l;nS o.nd o"theX" .':tlJitable cqu1'Pmer~L
ft"Jr the conV'~y;,.nce and use u! 0:-' e:trici.':Y, tl~' t'::phone cqu1pmeu.L,
gll~, sewer I w~.1..rl::t" or other pul.Jlic r:onvcni.ances '.I( utiJ.lCi.CC on, ..:1.1
0r (wer those purtlons of each lot ..s may be re'.l,,;red tor utili.i.t
purposes. ':Chese "'~sement::; and Li.ghr.s el'pressly .i,r,dude th", rigbt
to cut any crees, bushes or .h,.ubb"r.y. make ,my grading", of the
::;oil, or to take ant ocher :i1rnili:l.L' aet:ion rea.sonahly necesoary \..0
pro-.ricJ.. .."onomical ""rl safe utility i.nsto.llation ~nd to maintain
reasonabl~. standards uf. health, saf~ty .nd o.ppearan~~. Such right~
mQY be ~~ercised by any llcensee(si of L)ecl"'~nt but thi~
rccer.r..l.ic,n shall not "'''' considered ..01 ~,bligat:ion c,r the Dcelara"L
to provide C'l"t' m...im:aiIl ~.,y such utility or ce1:'11O',,; provided that
Decl"ranc'" d.ght to 9J ..nt auch e..""",.:nts shall be exercUsu
f'e:asona.bly d.J"ln In &uch a m1inne.r ao t.CJ ::,:wC":ve::nt, undu':'" interfcrenct:'
wi th exict:iug improvement~ t.hat are. lo<.:c..tl'!'!c1 on each V.lt", a:5 well as
wi.th rccpecL t'-j tt~c use CI.Hlducted on 8c1t.::b lot.
~.ctlon 3. Zsm.1l).Q and ~\lhdiy:i.~1cn OrI'H.nn~ll=e.2.. ThF: provi.o1on~
of loe Zoning ann "ubdivish'" Ordinanc"~ of llo.mpden T,wnship, a.
appU,cab.le trolU time to t1""", shall bs d"'''llIed to comd".itute cne
mini.",,,m sto.nda~'Js for the dev~lopmenc and \,~e of any r",~l pz:opez:c}'
wiehil' Sil vcr BL.C",k, ;md tne l"ovisions \,Of th:l.3 lJecla:.."tion shall
be deemed ~o b'4 in o.ddition to u.nd nut: in derogaL ion of the
provisiQns of such ord1nan~~~ as well ~3 all gQvernmental
~equi.remellts .
bOOK 6~7 fAGE 3321
.,
J
.Vl>13.RJCEIVED TIME'T~AUG. 4. 10:20AM
... ... _ . ... c:....__ ._.' j T I
HUu-~q-~~~~ ~~.~(
11"\11 L-L- ......."''-'W., .........'" ....'"'' ......,.
UTT("T,F. III
li~C: AND n"i'HER RIl~'l'IJ.ICTIOl,S
;iCCi:ioll 1. Dctil<~tlon5. For pUrPosew uf ~kis Article III,
the tollowin~ d~fin.t.ons shall ~pp.y:
(a.l Lot - Any piee.. (,"[' parcel of ~~.r:O'.>nd with or
without. 1tnp:t"ovement:a erect.ed thereon ac rl!rl'!:ct,~d on any
preliminary or final cubd1vis.i.nn plan for Silv"15''- drook. AS
"['eearded or ",,,y be recorded iI' t.he Office 'or t"", Recorder
uf Deed:;; in "nd for CumberlalJ1i County.
(Il) Own..r. l\:ny person 'Jl entity who ';)'J: <<hieh owns
or 1~a5es a Lo~.
Sect j I'm 2,
UlItt ~"d Other p.l!."',:,<l"'.ri c::tiol~.
Th", following
r~otrict.ir)IlS o.rE: impoll:;l;-ed "5 i:l. common l:lr:heme upon .11 T,nts:
(Ii) No al>cv~-g'-ounC1 t.ank (1)1' sto:r,.qe uf .",n (10)
g:all'.){I:=; or more ,.;;f 9.,9 or l1quitJl"\ mal" bl;!! ma.LJ.-ltl'li.ned. on
any 1,.0\ .
(bl No o.n!mab, 1 \vc3toek 01 POUJ.I:ZY or ..'1Y kind
shall b" nliscd, br..d ~.,.. kept in "lOt dwelling uJ: nn o.ny
Lot I except". tn-at. no (U';trr: than a. ;:.t.,I,',,,,l of C'~O (2) dogo r
"at" or other domestl.::a.,,::! hou"..hol,i pet. may 1.>", kept,
p1'ovided t!.ilt they ar.. 11000r. kept, br..,1 OI' maint..ln..n for
any ccmmerc.i 11;1 ..urpose 411'; provided r-.ha'; not mv.ce than
two:> (2) pets; n the a99'''9,''e may ba k."'pt ).n any <.1",",,1 ling
or on any Lot. Bach Cw""r ~haJ.l be t""-,slIonaible for the
con.trnl of ~"li~ or her dOllle~t:icu.tQd hr.:Hlsehold peL.s I'lnd
DOOK 697 PACF.~~22
4
,V>;I'IRECEIVED TIMJ'Tc.AUG. 4. IO:20AM
. __ ... c.._... ...' I. I
MUU-U~-~UU0 ~U'~l
611..11 he reoponsible for dee.n1ng up afl.*>' ,,;~ or hor
p"ts.
(c) No garbaqe, r"Cu,.e. rubbioh or cL.ltting ~hall be
depo~it"'r'l on any Lot or vn liny :ltreot or "ill..",,,, k within
Silva>.' Brnnk. Containars 1,n"lVided by Own">.'b sh~l1 not be
placed '.JJ.1 Ilny street or s.i.rJ~walJt except. Wh'llH 1"1f'!c:esa~ry
for col1'd:r:tinn rmd shall rec.pllarlY be kep1: .i.u thf": g!U:'age
or at th.. b"",k or cida of I"he dl<e1l1nH .w.;] sn~ 11 bc
unobtru.i v," tn view from any ,',ther Lot.
(d) iii'.) r.-l":"lmmercial (Oth,:"T l".han po.cecangw.c.: cJn"s) or
l.ll".he.r nOD-pas~t:'J.".IgJll:.'" vehJ.cle of ar:y type and no uulicfI':nsed
~r non-operat.iun~1 motor vehicle"" of any type sh.eJ. 1 be
pf:!fTaitted to rE:!.ll,ain overnight:. OlJ i'lny Lo't oche-t- th~T'l as
IlIdY be u3ed by Lh.. neclarant in c<>njunction with bui 1 ding
op",rations.
tel ~o boaLs, A'l'Va, trailer~ 11r campers of any r.ype
shall he perm1t:teu >,n .. Lot unle,," stored within the
garage.
(r) No ouceid~ r~dio or celevj~ion an~enna~ s~~11
be erecr-.ed en a Lol.,;. ,=,r a dwelling p-::xcept for 5d.te-l li.te
diehes Ij(i~ more t.ha" a" in diameteL ;,nd attacheu to the
dwelling.
(9) !>In drylng 0= ..ir;ng of any ,.,'1"tl:l1ng or b"dc1ing
sohall be permi.tted OUt.d.OUL',9 withln the ~rea of 3 LeI... ('I.Tln
DDO~ 697 PAGE:.n23
s
D/90.RJCEIVED TIME,,,~UG: .4. c.!L20~~ >T'
MUU-U~ ~UU~ .~..~
clf."Jthe3-hanq1nlJ (1F:vices such as liT'l~s. reels, pol':"H,
fr~mee. e~c. shn11 not re ereeteu.
(hi No noxifJlls, unsi9hely Ol offensive act.iviLy,
in<.:lt\di.n9 vehicle "",pairs. shall bl< conn\lcted on a Let rJr"
on Lh~ ..trect.s withill Silver l:lroe1<. ,,'~r .1'...11 anyehing b..
perlllitt,~d to Dit donr:- ~hereon which 11KtY nt.' or may 'becoTnl:'!
an aluloytinCC 0= nuiSd,rn"':e to the o'Chl:!.L Cwr:lera.
('d No Clbove-grc,"nd poolO are v..rmi t.tcd on a Lol .
(j) Nn si9n of alii klnd shall lJ.. <'Ii .~plo.yed to tll~
public vi"w nn Clny Lot or ,l","11in9 t:her"c>I1 ",,,cepe a One-
tarnily nall\1!" ~ign of not. tllj ,(~ than l44 sg:'-l~re inches or
one tempu.Lar}' a.ign of UIII. more t:hau 7' ~q,uure feel
"dvert:isifl'~ a T.ot to:- Gale ",- rent:. No ,;C\d, sign shall
be illumin..L~d.
(1<) Each loOt ohall be "s"o. 0.0 a "..sHl,mcc for a
single-f(lmlly dw...Uing and r,)r no o~her pU1L>nsec, ami
tlwn, shall not. b.. c:onat.ruet:ed l''- maint:ain"u up"n any Lot
rtlOr'tlo: th.an one ~in31e--tamily dw~11i.n9 w1t:.h. 001\ minimum of a
ewo (2) -co.r ga<."~"" Such us.. ...~ a sin91..-[","i ly dwelling
shall be deern..d to lnclud", acecoe:ory ,.'IIe as a
prctessional office ~o the ext:eur. customarily incidental
to primary usc as a dw,.l1ing a..,d o"ly if permlttf:d by any
applicabl~ Eampden Town~hip ~oniny ordinanc~.
bOOK 69'7 PAtE3~24
,;
U/1.0.RECEIVED TI~E~tF~UG:
4. c:.10:20AM
. _.__ ._.. I T I
MUU-~~ ~~~~ ~U'~~
(1) i::ach O"'n""" ahall be I ..spomllb1e ru~ tohe
maintenance of hl.. T,ot and cwallil'9 in a <:lean, >la,'; r.e.ry
and <lr.tractive c<.wdirion.
(m) Each Owu..r ",hall:
(1) k","'p hi.. Lot h.... from
rubbi"h.
!it~er an~ noxiOUG w~~ds;
(~) mc:d..nt.:qin,
cult1""I... and lteep iu O""d condition ;;od repa1r .h.L:ul:>~,
trees, fJ r"as:J. lawnli I p' ,~ntinge and ~wJther l3nd"(,.:i\p;"9
loc3.t.ed '.11 trom t1mld \:.0 t.imc placed upc:'r.. hie Lr:..'L; ~nd
(31 rep1a'.:.. delld p1.wLa, shruDs, t:,","S. grae:s UL ~ny
"thcr land,.,:a.ping on hi.. L,e,.. with planL ~, shrube, '.""'''''',
IJT1S.sa or latll.l~caping of L.h....: ~amc or .im i 1 ar type.
(nl N'.l o-.mer chall il1rl':rfcre w1d> t.he es..ablisl""d
dr~in;;lge patl:"rn for ;u.cfacl': w;;ltera OWer his Lot (~Om
....Jjoining or r.Jt:.her .!..roes 't1.L.th;n Silver Stook. No O.....J,).~r
sh..ll either <::hange, fill or. grade "n estab1ish..d
dralnage pat.t2nl.
(oj l::acl1 O"'1er shall iust.ll. main',,,; "j and repla.~..
hi. m..ilboJ< wit)., only e1th..r (11 a Ded,rllnt ,).ppr"v~d
mailbc(x, or (2) ~ same or .=:ilt\i]~r mailbc;lx,.
DC.ct.if,.:lJ.'L ,.
ueclClr"'iint ){ceervc.t; on.
Pec1;;rant rese"ve~ the
ri:Jht to fil.. .rlcltJ.ona.1 r.oveno.nts "n" Re:~tr:lctllOns pcrtaiHi"9 to
USle .nd other l.....trlcciom. prior to 1.1..;- "..ic and "",:cUe.men.. uf ~ny
lanlJ embra.oed by thesa CovP:lulnl:3 3nd R.~l=itri.c:t1ont:: in ailver e.rnok.
800K 697 rAGf 3:~2.')
7
n/R~.RECEIVED TI~E'T,,-AUG.: 4. 10:20AM
... ,....... ...' ,_.
HUu-~~-~~~~ ~~.~o
lr<..lf-L-L.. '-'1'UWll ...........,,,, ....,,, " ~"""
ARTICLr;, IV
JI>.RMINATTrlN AND ENFORCEMEm:
pCC!tiOll 1.
R.urat1on And Amc,ndrr,ent...
The covenantg and
Rest.r1ct1on~ c,-F t.hic j)eclar~bon shall rU" w,l:h and bind tho: , and
~"d l!Iho.ll i.m,r" to the bell"fit of and b;: f':nforceable 1.>y t.he
Oo:clarant or _1'1-.. Owner (s) of "ny land cubje<.:t :en thi:: Lleclar~1. ion,
th~j,. reapect:.lvo:o legal repr,:,!:'~ntati vcC I h,::iyJCi, succeSlilor~ and
a!isi8''l.S, for a L-:-'r"1T\ ot twenc.y-rive (2",) yecu.s.
Ouch term "1,,,11
commr:>ncc on che (l",r.e of recoz',1i ng of t.hi~ I'l~i:lo.r;;1tion.
~aid
coven('lnts and P.lit~tT"; ct1.ons 8hal1 be n.ut.omal...it:;o, 1 ly ex:cendl!:"l.1 fa:::
cucces",i.ve pcr10us err ten (10) yre~ r,!lJ unlc.::lC otl..~rw;.ge terminatetl or
chanqed by the s~me requirement. as hereim.ft...,.. provided fr,r
amendment ~ to. t:he Cv'JE'T'l"nts and ite~l'".rictione" Tl1e. Covenants =-'-t1cl
Reotrict inns may be Lo:-rminated or al11tJ'i".nded by an il"t=;t=urnent S:i'Jlltl:d
by the OWll",ra of no_ le"s than thr~."'-tourth'; (3/4) ot the tuJ...l
f,ota in SiJver Brook the!': ara suojr;o(:t'. to 'Chts Dr:c1aratl.on. Any
,'5l\lch amendmlt.nt of thes~ Cnveno.nt.s and Re3tri.c1:1ouliI must be in fu11
c;"mpllance wJ th all applicMble laws aN') regulatiu11s and shall llr,t
become: effecL~i.ve unt.l1 thp. instrument, evidcnc1n9 sl.I.:":h chanqe b~s
b..en duly re,_",rded and "",'ese writl",n notice of the propo~..d
amc;H1.dment is s~nt to every Owner of a l.rl.lt. in :::ilve.r. B).ook. a1: letAst.
thi<ty (30) da~" in adv""c'!' of any a': I. ion l;aKen.
"[n addi t.irJ1"I,
priOl' tn the eaI'ier of (a) the date th~t. the: Declarl'lnt no lon:lll:r
owns: ctl1y ot t.be r,nt:5 in S i1 ~~,. Droot... Of (b) Ja.n\.ld.:.t.'Y 1. 2U23, rn'J
tcrmiu,atjon or aWt-!ndrnen:: of t.h~Me Covenal1t',s and RevLr-ic-:tiona s:h~' 1
MII~ fl97 rALE~:~?B
~
~v6<,.RECEIVED TIME,t~AUG, 4. 10:20AM
__. ...,. ,.. c:,~,__ ._.. JTJ
HUU-~~-~~~~ ~~.~o
Iro:.lrL..l:. .....r\WWI'I .....WI"I uI"nl lU',
,...,--~----
beco"," ..fFective unU1 approved in wLiting by U<lela.rdll". or their
heirs U& p~raonal repLM~~nt~t~vcc.
Sec.:L il""l'I"l :2. use arljl Oth"'r t\!::!.Etric. t.:irms. Declaranl. l:eserVc:J
the r19hL tn fUe addit j nl1a1 co'{cnant. ..l,rl rC:ltriet10n~.
SecLinn 3.. Not:~c':'s. Any not1ce L'~iluircd to be ~"'I'lt to Ci.ny
Owner und,=l~ the previsiol1s or thl.:: De<.:lar..,t:ior1 chall b~ rle~med to
have bcen PLOpt:rly sent w},,,.,, mo.l1cd, po_Lag'" p:~cpaid, tr.> ~.he J.ast-
known u.ddrewt:> elf the person who appears ,,"s Own,e= on t.he t:'~r:ordSl of
L hp.: Tax J\.Sse::;sTT\.-:nt Office or Cumbe::-land Cu\.\.T"1t'.y at t.he 'tilf1~, of such
m",ili.ng.
~t.1on 4,. En!orcemenL. Enforcement o€ thee~ COVI;"(Ir.H"l.ts and
R.ellr.rictions ,1>..11. be by any },roceedinq at law or In equity against
any per.son or pe'r!ionc v101aVi.1'19 or atternp,..ing to vioJ..:)te any
coveu.;nt or resl..L'ir:ticn, eitheL to re3train \7il"llation or trJ recover
d.a.ma~p::s, ana fail\.lr~ by the Der.:' arant or aut l")wner t.o enrOl'ce any
covenant or res~rir.t~on herei,. contained sn.l1 ~n no ","ent be
deemed" waiver of tne r~ght to rJo 80 ther..af~."r,
S"c.U<>n 3.. A.~~ianabilill, The oeda""nt, their heirs,
percona.l f'epre::lent.i:l~ivf'::s ana assjgnG, notwiL,lv=-t:and.l.ng any other
provi$ion here1n to Lh" r.ontrary. ~1...1J. at all t; mea have tll", nght
tc tully 1. ran:sfcr, <,:~'nvt":Y o..nd assiyli ail of t.he~'" X'ighc, cille and
; "tc:reat \.\lHier chis Der:lil.r3.t.lon; rrrcvlc!.ed ~h~_f", such tIaIH.;ferec,
lJrlintce or asaiqn.et! snfllJ. talte :=!UC:1'L right$- su.bj ract. I,n all
ubl~gations ~lso conca~n~n herein.
~OOK 697 PACE 3327
9
(!r!2H.RECEIVED TI~~~tFAUG: J. c.LL20~~ '"
HUU-~~-~~~J ~~.~O
l1'.J.l-1;;;. '-"'UWI' '-'UI" u"n.lur,
,... '....,"".'----
pect..icrTl G. ~e"yerabJ 1 itv. J.nva.lidc.\t; (')0 ot: an.y on't 01" more of
thcoe cO\len"nt3 or rest1. i t:tiona by jUd1:JlIl~";"'I1"'. or (~ourt. ord,,:,,' shaJ.l in
no way A!f~~t any O"h~L provisions, All nf WhlCh shall remain in
tull for~~ .nd cffac".
IN wITtmO!: WtiEn:OF, the u.....c1ar".i.~1~d, .bunq t!',.. Oeclilran"
!~ ha>_
,",xecu"ed
tit; "
DeclaraUofl
tllie:
.M~
day
of
7.Q03.
jJrnCL1U'.A1>T! :
, ,,~~
Gran~~-
BUOY. 697 'A~E3~28
In
nm.RECEIVED TIME, AUG. 4. 10:20AM
_. Te:.. _ ... r"...... ...' ,_,
HUU-D~-~DDJ ~~.~O
lr\lrl...L;;. .....!....WWI~ .....WI'I WI,nl 1'-'1~
.'
AU that c<l1allllot or t...,,1 .r vouDcl siluatt!n H.nlpd..n Township, Clllllt>-rfand COUllI)', rA,
mon: particularly buunded ClIld d'lcr~ a. f"lIow,. 10 wit:
BeglDnlag al a PK nail un the eenlllrllne ofOd. Bridge R.oed at IllD.ds N/F of Paul Oill, DB 51, Pg
51: thence along $&id Qtnterlino 829.o4-39E 62.00 feel 10 a PK nail at lands N/F uf Michael J.
Eckert, DD 250, Ps 3476; thenc;c 81011& said lalldi aDd lan<:b NIF ofMiclli\(:1 E. Stoncr.IJB 27-0.90,
583-27-21 W 520.06 fcellO apin; thence along said llllICb ofSlullet S26..42-l9E 459.65 reellO a pin
01 IlIl1ds NIl' of Verlln ond Barbara Cunis., DB 31-N- 707: thene. aiD"", I;aid lMUds of Curtis S 14-57..
29E 209.00 fcc' to a pill at landsN/F ofllnmpdcn Townabip 8"",cr ^1>tI1lOrity, DB 29.H.19J: rhence
aloog .aid landS Oflh. sew.:r autborilY N14-27-29W 363.80 feet 10 a pin; rhenee along thc IIalIIC
N88-12-29W 157.50 uet Lo a pin; thencc alonglbe nme IInd along land.l; Nfl' of SteVClI J Seba.'lian.
DB 132, pg 814, S8o.52-47W 405.93 reel 10 a pin; thencc a100g saId I.uds nfSebaSlian N08-15-
32W 69.21 feel 10 a pin: lhenee along lhe Mine 879.29.01 W 243.76 f,..lto a pipo allands N/F of
Man...' MeOUd&, DB 33-0-213; thence along said lands of McDilda S79-08-42W 199.83 leet 10 ·
pipe; lhe:nce along the SlIlIIe S08-37-IOE 107.86 feet to. pin; tbIlnce alolllg the 31l1I10 and along l:ulds
N/F ofCury Ei'cMo...er, DB 3 l-B.l \ 3, S7S-0o-SSW 263.04 fcellO a pin: Ihence .lelOg sai<llands
or Eisenhl>wer SSo.27-5JW 46.57 feet 10. pin; thenee a1o"i the same N62-07-07W 151.60 CcCllo
. plpc; lbence along Ihc ..me ""rl olone 111,,& N/f of James Grandon. I)B 34.1' -341;. IInd Ih,.ou~h
Sear.; Run onU throne/! en ol<i=tin8 .auil"'Y sewer SJ3.o7-S3W 1 Ga.oo feet to II point; thence alnn&
...d loncls ofOnlndOn N21-27-29W 571.00 f~ 10 II poinl; lbcncc alonQ thc .ame and through Sc.u
I~un and cIlrouglo.oaid ~bli~ santilli}' ..wet NOS-27-29W G 10.On f~lllo u pl'h11; thellee .Ion@ und
throughlhe~. N14-J2-29W 2~5.14 fect to apolnl; then"" along thel/uw.! Suhdi'Vl3ion rIM ilia.
JUdgcland. PB 10, Pill S. and through sean RUlIlIIId tbroush said exltlill~ S8Ili~ ..wllt N7,.35-
I3E 390.95 f"CCt 10 II pin; OIeoce a10nglhc 1IClIII0 N60.3S.\1E 139.00 feel Tn a pill: thUDC<: along .he
IlSmC aod IIlonalhe Final Suhdivisioll Plan /19, Ridec1lllld. PB 23, Pa :)~. N81-12-06E 560.85 lKt
10 II p~ ~ ..we: $lid FiJla1 Subdivision P1all1l9. N8I-OS.1JE 38U7 reel In II piD at tIte Piaal
Subdivi.ion Plan 1/'2, ll.icIwr:I J. GrIlone, PB 32, Pa 14, 510-22.37], 179.18 fc~t 10 . ~tO
monllllll.Qtj lhcau alone Aid PlDa1 Subdivision PIaD 112 and a10llll Willdiffl)rive NaO-IS.30E
111.51 r""tlO 4 collmlc 1II0numenllll the ptellrninalyl~ilIeI Subdivision I'lml tbr OulMcw, Pll SS.
Pg 49-A: thence alon, ;dd pi... for ('.QllView S26.42.30E 704-4.01 feel 10 a c.oncrcte monwnent;
the""e a!ong the S3I1IC N83.27.21B 516.52 feel to II PIC nail on !he cen~:r1illD of cm', Bridge Road,
beillll the pllICe ofbcgllllliDg. .
CDDtaiala156.84 acre:!. Th. dlSc:ciption wu bll$ed upon II ..urvey by [..~uis J. Harford, P.l.S., dllICrl
Pebrua:ry 19,2003.
nOOK 697 PAG! .~329
r
>:U;>T.RECEIVED TIME, AUG. 4. 10':20Arl/~/T
__ Tc:... _ ... ...._... .. ," . _.
,r
;r
HUu-~~-~~~~ l~'lJ
ll"'\!r-Lt:. ......ro;.UWI'l ......uro;.rUro;.MI IUI'i
,...,'-''-'J'-'.......'-'
** ~1'38~d l~lOl **
COMMONWEALTH OF rENNSYLVANr~
lOs.
r.OUNTY OF D~UPRIN
ON THIS, the ~~ d"l' ",f ---M -'
2U()), bwf';:Jrp.me, a
Notary ..ubli':, the underslg','''oj ofhcer, p'!r'sona.Lly appe...c.." Marl< X.
D:iSanto and ,Tame:ll Granauj.'l, ~7r. f known '.1" me (or lia1...i.sT"c:torily
prnvenl ~o b'! the pcreon" w!'>nse names ax'" subscribed LC.' "he \uthln
In.st-.rument. anf,l acKno,fled'::)~d t',hat they ,=,)l.F:cuted cha bl.a,"~ fo::,: 1:he
p~rpnseo cher~in concaine~.
_.:;,;l~'?'"
~'. i,,1 .,.;.~
....,.,-"",.~
,'~::, ~'/ -', l~~'::.~~;.}~t:.:.'!.~ .
h .:'''1:. ~ti'!f!'O!~;4t
'" : ....~:.....'~:".j..~' , t'.:.:
.' ...?"p".,:v,.,J!>.., -~;
.....~'_,. 'lY...~..~".
...~'. ,', ,,' ....l't,...', '.' (fl.""
~,' ,'... . ~,.,t':r:.' ,~~.:.
". "<Ol..t:::' . .ii":fJ-t'.:
'1.;,.~"'~~!~#~";::
.~.1('''''J=lt"",.,..
'. : 'l. ~!~....'
"".
NOUl~i\1 St'~1
SIcpIwIiC' 1:. Wnfl'M'r. N~nry PlilhJil:
H'ml:1C'a '''..p., L'umt>rrll'M r"mIlIlJ
My COfl'llr.lUtOA .t:"'pU~~ 11111 "A. ?nl'I.1
MIfIElIr.t"tmsyMll'1l!l"'~D1No1aritQ
T Cl:ltity Ihis III be n::,~,.Hd(;d
In Cu\':':b-:::'Itlnd CtlLlllly 1'/\
R<;;corncr orDeeds
BOCK 697 rA&E 3~30
~l/t:l' R'ECE IVED TIMET"AUG. -4. 010: 20AM <TO
TOTAL P.i3
MAR-18-2004 16:40
TRIPLE CROWN CORPORATION
7176578125
P.02/03
FIRST AMENDMENT
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
"sn..VER BROOK"
THIS FIRST AMENDMENT TO DECLARATION OF SILVER BROOK ("First
Amendment") is made this day of _,2003 by
Mark X. DiSanto and James Grandon Jr. ("De:c1arant"):
WHEREAS, a certain Declaration of Covenants, Conditions and Restrictions was
executed by Declarant and recorded on May 28th, 2003 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 697 at Page 3319
("Declaration); and
WHEREAS, Declarant desires to amend the Declaration pursuant to Article III Section
3 of the Declaration.
NOW THEREFORE, PURSUANT TO Article III Section] of the Declaration, and
intending to be legally bound hereby, Declarant hereby amends the Declaration as
follows:
RESTRICTIONS ON USE CONTAINED D"l ARTICLE III
The following subsection is hereby added to Article III (Use and Other Restrictions)
Section 4:
(a) ARCHlTECfURAL CONTROL:
Minimum dwelling size shall be 2150 square feet, (1700 for a ranch style home) of living
space defined as follows:
All interior finished floor space above grade, including garages, porches, and
decks.
(b) ARCHITECI'lJRAL CONTROL COMMITTEE:
The Declarant shall initially appoint an Architectural Control Committee
("Committee") to review building plans and specifications to be considered for new
construction. Building plans shall be provided to the Committee and be reviewed within
30 days of receipt of the plans and specifications. In the eVlmt the Committee fails to
approve or disapprove such building plans and specifications within 30 days after said
plans and specifications have been submitted, approval will not be required and the
provisions of this Article will be deemed to have been fully complied with.
RECEIVED TIME MAR. 18. 4:45PM
MAR-18-2004 16:40
TRIPLE CROWN CORPORATION
7176578125
P.03/03
(c) PLAN ~GES:
No changes shall be made in the approved building plans or specifications prior to
occupancy of any dwelling without the prior written approval of the committee.
(d) FENCES:
Fencing or walls roay be erected on any lot without the Committee's written
approval provided that no chain link fences are pennitted. Each lot owner shall control
height and adequate openings of same and comply with all applicable Hampden
Township ordinances, rules or regulations on fencing. Lot own.:r is responsible for
obtaining all necessary permits with regard to fencing.
General:
1. This First Amendment shall become effective on th,: date when it is recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
pennsylvania.
2. All terms and provisions of the Declaration not her,:by expressly amended
shall continue in full force and effect.
IN WITNESS WHEREOF, the Declarant has executed this First Amendment the day and
year first above written,
DECLARANT:
WITNESS:
Mark X. DiSanto
James Grandon Jr.
PNC, by its duly authorized officer, pursuant to Article III of the
Declaration, hereby consents to the First Amendment to Declaration of Silver Brook.
CONSENT OF DEC~T MORTGAGEE
ATTEST:
PNC
BY
RECEIVED TIME MAR. 18. 4:45PM
TOTAL P.03
Mar.iS. 2004 .5:34PM
TRIPLE CROWN CORP.
M.. Bur g ,P a .
No. Jf2 6 6 .p. 16
PR-12A-0402
TRIPLE CROWN CORPORATION
ACCIDENTffHEFT INCIDENT REPORT
A~SS ()'
I ~\ j\
DATE OF OCCURRENCE
,,-~ O~
DATE FORM COMPLETED
q- ..O~
s
TCC EMPLOYEE? ' HOW LONG
Yo. No ~
TIME OF OCCURRENCE
\ -('("\
TIME F RM COMPLETED
PERSONAL INJURY
NAME OF INJUReD peRSON PHONE # JOB TITLE1RELATIONSHIP TO TCC
ADDRESS
DESCRIBE INJURY OBJECT/EQUIPMENT/SUBSTANCE CAUSING INJURY
WAS TREATMENT PERFORMED rOCATION OF TREATMENT TREATMENT PERFORMED BY WHOM
Yes No First Ajid Attendant ER Physician
PERSON WITH MOST CONTROL WAS SAFETY TRAINING PROVIDED
- Yes No
WAS PROTECTIVE eQUIPMENT REQUIRED WAS PROTECTIVE EQUIPMENT PROVIDED I~AS PROTECTIVE EQUIPMENT USED
Y.. No Y.s No Yes No
IF ANY OF THE ABOVE ANSWERS ARE 'No', EXPLAIN
DID INJURY OR DISEASE OCCUR DUE TO .. [~ID AMPUTATION RESULT
Mechanical Delee! Accident Unsafe Act Yes No
( PROPERTY DAMA~R THEFT (Circl. On.)
PROPERTY DESCRIPTION TED COSTS IACTUAL COSTS
PROPERTY OWNED BY ESTIMATED REPLACEMENT TIME
---ro"", ~<>"'-I. (L.(
PERSON WITH MOST CONTROL OF OBJECT/EQUIPMENT/SUBSTANCe OBJECTlE()UIPMENT/SUBSTANCE DAMAGED/STOLEN
~N\ '7"Y-<"'_1D y'
NATURE OF DAMAGE \. ". Qi.;'~~.. REPORTED TO TCC INSURANCE BY WHOM DATE REPORTED
5 ~'=> I Co. '" ,(\ 'o~ Y.. ~No
DOES TENANT HAVE RENTER'S INSURANCE IF "Y.... WITH WHOM POLICY NUMBER EFFECTIve DATE
Yes ~ No
DESCRIPTION
GIVE A CLEAR. DETAILED DESCRIPTION OF THE ACCIDENTfTliEFTIINCIDENT. ATTACH A DIAGRAM IF MOTOR VEHICLE ACCIDENT. IF THe
INCIDENT WAS A THEFT, LIST ALL ITEMS TAKEN. ATTACH COPY OF FIRElPOLlCE REPOFiT.
~Q... 0" ~~C\ \~~..( d-
_ - N\<t..~
RECEIVED TIME MAR. 18. 4:36PM
Mar.18.2004 5:34PM
TRIPLE CROWN CORP. M-Burg,Pa.
No'. 4266' p. I 7
-' ANALYSIS
WHAT ACTS, FAILURES TO ACT ANDIOR CONDITIONS CONTRIBUTED MOST DIRECTLY TO THIS INCIDENT
~6
\('-\~.
\1:.\\'(\0
LOSS SEVERITY POTENTIAL
_ Major x... SStlous _ Minor
WHAT INTERIM CORRECTIVE ACTION HAS BEEN OR WilL BE TAKEN TO PREVENT RECURRENCE
\-Q\\~-{ ~C'. ,,\. ~. \~ ~~
WHAT PERMANENT CORRECTNE ACTION IS RECOMMENDED TO PREVENT RECURRENCE
PREVENTION
NAME
WITNESSES
PHONE NUMBER(S)
ADDRESS
\q.-(
'5<5 ~ It4~
lJlY'7. ~~ -, to C0
-rc:..
GTe...
~~
.;..\V\ ~
SUBMITTED B
SAfETY DIRECTOR DATE
PRESIDENT DATE
RECEIVED TIME MAR. 18. 4: 36PM
Mar.i8. 2004 -5:34PM
TRIPLE CROWN CORP. M-Bm,Pa,
.
TRIPLE CROWN CORPORATION
Developers _ Builders _ Managers
N0.4266 'p, 19
100 Georgetown Road
Mechanicsburg, PA 17050
www.triplecrowncorp.com
(717) 697-2226
FAX (717) 697-3008
beachlere@triplecrowncorp.com
October 29, 2003
Thomas Trayer
507 Rittenhouse Sq.
Mechanicsburg, PA 17050
Dear Thomas:
It has come to my attention that you atl<eeping aln extraordinary amount of pets
in your home, five cats and 2 dogs to be specific. Plealle find enclosed a copy of your
signed pet agreement which clearly states that no more then two pets may be kept in the
home. Keeping this many pets in your home is a direct violation of your lease
agreement. I must ask that five (5) of the pets be removed from the home within the
next 30 days.
I also have a concern about the unsanitary conditions of your home. Please
make immediate arrangements to thoroughly clean all rooms and clean up after your
pets. Failure to keep your home in a good, clean condition will result in actions against
your tenancy. Please understand that any damages or odor removing services will be
charged against your account upon move out. Your home was brand new and had
never been lived in before your move in. We expect the home to be returned to us less
normal wear and tear only. We must ask that the home be kept clean and sanitary for
the duration of your stay at George Town Crossing.
Triple Crown Corporation takes great care to present the finest homes for our
residents to lease at the most competitive rates. We must ask that you take care of the
property and follow the rules set forth in the lease agreemEmt in return.
Should you have any questions regarding this maiter please contact me at 697-
2226.
laine Beachler
Property Manger, Georgetown Crossing
Triple Crown Corporation
RECEIVED TIME MAR,18, 4: 36PM
Mar.IS. 2004 .5:34P~
TRIPLE CROWN CORP. M-Bm,Pa.
No.W6 'p. 13
;;:Jli'J,j '~'ll"'.Ui',~
(977 ...... .200.2
100 Georgetown Road
Mechanicsburg, PA 17050
www.triplecrowncorp.com
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liiple Crown Corporation
R",,'gnJud QUtJlUy Homi! Builw"
(717) 697-2226
FAX (717) 697-3008
beachlere@tripleclowncorp.can
November 5, 2003
Thomas Trayer
507 Rittenhouse Sq.
Mechanicsburg, PA 17050
RE: Notice to Quit
Dear Thomas:
You are hereby required to remove yourself .3nd your possessions and to
quit and deliver up peacefully, the possession of the above premises occupied by
you on or before November 20, 2003.
You are being compelled to vacate the premises due to the incident that
took place on November 5th at approximately 11 :30 slm.
If you fail to vacate your apartment on or before November 20, 2003, legal
measures have commenced to evict you and repossess the home, which will
result in additional costs being assessed against you.
This is your notice to quit for the purpose of Itermination your occupancy.
The rent shall be due and payable to and including the date of termination of your
tenancy.
Respectfully,
~
Property Manager
~
cc: File
RECEIVED TIME MAR,18. 4:36PM
Mar.iS. 2004 .5:33P~
TRIPLE CROWN CORP.
M-Burg,Pa.
No. 4'2 6 6 .p. 10
"
TRIPLE CROWN CORPORATION
ACCIDENTfTHEFT INCIDENT REPORT
PR-12A.Q402
ADDR~ L ~,
DATE OF OCCURRENCE
\\- "".:>- O~
DATE FORM COMPLETED
-?-()
...-
. HOW LONG
E OF INJURED PERSON
PERSONAL INJURY
PHONE # JOB TITLE'/RELATIONSHIP TO TCC
\<l.:(
ADDRESS
~O(
DESCRIBE INJURV
~ ~~
WAS TREATMENT PERFORMED LOCATION OF TREATMENT TREA TMEI~T PERFORME
Ves ~ No _ _ Firs' Aid Allendanr ~
PERSON WITH MOST CONTROL WAS SAFETV TRAINING PROVIDED
SS\<. '"\l~ ___ Ves ~No
WAS PROTECTIVE EQUIPM T REOUIRED WAS PROTECTIVE EQUIPMENT PROVIDED
_ Ve. ~No ___ Yes ~ No
IF ANV OF THE ABOVE ANSWERS ARE "No", EXPLAIN
-
WAS PROTECTIVE EOUIPMENT USED
Ve. X No
DID INJURV OR DISEASE OCCUR DUE TO
_ Mechanical Detect _ Accident ~ Unsafe Act
DID AMPUTATION RESULT
_ Yes ~NO
PROPERTY DESCRIPTION ESTIMATED COSTS IACTUAL COSTS
PROPERTY OWNED BV ESTIMATED REPLACEME,NT TIME
PERSON WITH MOST CONTROL OF OBJECTIEQUIPMENT/SUBSTANCE IOBJECT/EQUIPME~T/SUBSTANCE DAMAGED/STOLEN
NATURE OF DAMAGE REPORTED TO TCC INSURANCE BV WHOM DATE REPORTED
- Vo. - No
DOES TENANT HAVE RENTER'S INSURANCE IF "Ve.". WITH WljOM POLICV NUMBER EFFECTIVE DATE
- Ves _No
PROPERTY DAMAGE OR THEFT (Circle Ono)
DESCRIPTION
GIVE A C EAR.D AILED D SCRIPTION OF THE ACCIDENTfTHEFTIINCIDENT. ATTACH A IJ/AGRAM IF MOTOR VEHICLE ACCIDeNT. IF THE
INCIDENT WAS A THEFT. LIST ALL ITEMS TAKEN. ATTACH COPV OF FIRE/POLICE REPORT.
RECEIVED TIME MAR. 18. 4:36PM
Mar.18. 2004 -5:34PM
TRIPLE CROWN CORP,
M-Burg,Pa.
No. 4266 'P, 11
WHAT ACTS, FAILURES TO ACT AND/OR CONDITIONS CONTRIBUTED MOST DIRECTLY TO THIS INCIDENT
LOSS sevERITY POTENTIAL 1;"\b'm{("'~I~ROB~'BLE RECURRENCE RATE
_Major _ Serious _Minor ....~'f."'..,...~W F to' I R t
';~,n:#:\'~h~:~.' '.~ _ l"E!~quen _ et:aslona _ a e
ANALYSIS
PReVENTION
WHAT INTERIM CORRECTIVE ACTION HAS BEEN OR WILL BE TAKEN TO PREVENT RECURRENCE
WHAT PERMANENT CORRECTIVE ACTION IS RECOMMENDED TO PREVENT RECURRENCE
NAME
WITNESSES
PHONE NUMBERCS)
~'\~ 'k.\-
uDj \ - ()?,'(Cj
ADDRESS
SUBMITTED BY
TCC SIGNATUReS
DATE
VP PROPERTY
- ~ -()~
DATE
SAFETY DIRECTOR
DATE
PR S1DENT
DATE
RECEIVED TIME MAR. 18. 4:36PM
Mar.iS. 2004 '5:34P~
TRIPLE CROWN CORP. M-Burg,Pa,
N0.4266 'P. 12
,-
.
TRIPLE CROWN CORPORA liON
Developers - Builders _ MSlnagers
100 Georgetown Road
M~rn~u~.PA17~
www.lriplecrowncorp.com
(717) 697-2226
FAX (717) 697-3008
beachlere@triplecrowncorp.com
On 11-5-2003 at 11:30 am I was called by Mrs. Ht!Ck of 506 Rittenhouse Sq.
about a fight that was taking place in the street invcllving the teenager and the
elderly woman who live at 507 Rittenhouse Sq. Mrs. Heck had already called
the police. The elderly woman had been screaming for help and asking Mrs.
Heck to call the police. Mrs. Heck watch as the teenager chased, knocked
down and then beat and kicked the elderly woman, rE~atedly hitting the elderly
woman's head to the cement sidewalk.
I arrived at the same time as the police. The elderly woman who was identified
as Tom Trayer's mother, Grace was taken away in an ambulance for medical
attention. The teenager, Ashley (Tom Trayer's daughter) was taken by the
pOlice.
RECEIVED TIME MAR. 18. 4:36PM
Mar.18. 2004 -5:33PM
TRIPLE CROWN CORP,
i'
M-Burg,Pa.
No.4"266 .p,8
PR-12A-0402
TRIPLE CROWN CORPORA rlON
ACCIDENTfTHEFT INCIDENT REPORT
COM NITY
\G
LOCATION OF OCCURRENCE
~7
FORM COMPLETED BV
Gl",~ n ,
~'\\\.Q..(} hc,us~
DATE OF OCCURRENCE
\\ - n - 0
DATE FORM COMPLETED
-I'c-O_
TCC EMPLOVEE? . HOW LONG
V.s_ No~
TIME OjO,OCCURRENCE
'-1 a.. '<Y'1
TIME FORM COMPLETED
NAME OF INJUREO PERSON I PHONE II JOB TlTlEIRELA TIONSHIP TO TCC
ADDRESS
DESCRIBE INJURV OBJECT/E'QUIPMENT/SUBSTANCE CAUSING INJURV
WAS TREATMENT PERFORMED IlOCATION OF TREATMENT TREATMENT PERFORMED BV WHOM
Yes - No - _ First Aid Attendant _ ER _ Physician
PERSON WITH MOST CONTROL rAS SAFETY TRAINING' PROVIDED
Yes _ No
WAS PROTECTIVE EQUIPMENT REQUIRED rAS PROTECTIVE EQUIPMENT PROVIDED IWAS PROTECTIVE EQUIPMENT USED
- Yes - No _ Yes _ No _ Yes _ No
IF ANV OF THE ABOVE ANSWERS ARE "No., EXPLAIN
DID INJURY OR DISEASE OCCUR DUE TO I~ID AMPUTATION RESULT
- Mechanical Defect - Accident - Unsafe Act _ Ves _No
PERSONAL INJURY
PROPERTY DESCRIPTION ESTIMATED COSTS /ACTUAl COSTS
PROPERTY OWNED BV ESTIMATED REPLACEM';NTTIME
PERSON WITH MOST CONTROL OF OBJECT/EQUIPMENT/SUBSTANCE IOBJECT/EQUIPMENT/SUBSTANCE DAMAGED/STOLEN
NATURE OF DAMAGE REPORTED TO TCC INSURANCE BV WHOM DATE REPORTEO
Ve. No
DOES TENANT HAVE RENTER'S INSURANCE IF "Ves', WITH WHOM POLICY NUMBER EFFECTIVE DATE
- Ve. - No
PROPERTY DAMAGE OR THEFT (Circle One)
DESCRIPTION
GIVE A CLEAR, DETAilED DESCRIPTiON OF THE ACCIDENTfTHEFT/INCIDENT. ATTACH A DIAGRAM iF MOTOR VEHICLE ACCIDENT. IF THE
INCIDENT WAS A THEFT. LIST ALL ITEMS TAKEN. ATTACH COpy OF FIRE/FOLlCE REPORT.
~CL
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MAR,18, 4:36PM
0-."<\ 6
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REC EI YEO TIME
Mar.IB.2004, 5:33PM
TRIPLE CROWN CORP.
M- Bur g , P a,
No', 4266 . P, 9
...
ANALYSIS
WHAT ACTS, FAILURES TO ACT AND/OR CONDITIONS CONTRIBUTED MOST DIRECTLY TO THIS INCIDENT
LOSS SEVERITY POTENTIAL 1/,,;;;::'~f;;:'1~rROBABU;: RECURRENCE RATE
_Major _ Serious _Minor .~j;.~~~~;r~?~*~ _ Fmquent _ Occasionll Role
PREVENTION
WHAT INTERIM CORRECTIVE ACTION HAS BEEN OR WILL BE TAKEN TO PREVENT RECURRENCE
WHAT PERMANENT CORRECTiVe ACTION IS RECOMMENCED TO PREVENT RECURRf:NCE
NAME
WITNESSES
PHONE NUMBER(S)
ADDRESS
SUBMITTED BY C:'I ' DQo..,\ \0.;< DATE \\- \'6' -C~
(.~ () R..
VP PROPERTY MANAGEMENT DATE
SAFETY DIRECTOR DATE
PRESIDENT DATE
Tee SIGNATURES
RECEIVED TIME MAR,18. 4:36PM
Mar.18. 2004 ,5:33PM
TRIPLE CROWN CORP,
M - Bur g , P a,
No, 4"266 'P, 5
TRIPLE CROWN CORPORATION
ACCIDENTrrHEFT INCIDENT REPORT
PR.12A-0402
COMMUNITY
~c
ADDRESb. _ . \ \ '
"'-JO ,~'"
DATE OF OCCURRENCE
~- \~-C.,
DATE fORM COMPLETED
- ILl - O~
:l.e.
TCC EMPLOYEE? . HOW LONG
Ye5_ No}(
TIME8F OCCURRENCE
.,'. I~ iVl
TIME FORM COMPLETED
100.;
NAME OF INJURED PERSON rHONE 1/ JOB TITLE/RELATIONSHIP TO TCC
ADDRESS
DESCRIBE INJURY OBJECT/EQUIPMENT/SUBSTANCE CAUSING INJURY
WAS TREATMENT PERFORMED ILOCATION OF TREATMENT TREATMENT PERFORMED BY WHOM
Yes - No - _ First Aid AUendant _ ER _ PhY5ician
PERSON WITH MOST CONTROL rAS SAFETY TRAINING PROVIDED
_ Yes _No
WAS PROTECTIVE EaUIPMENT REQUIRED rAS PROTECTIVE EQUIPMENT PROVIDED jWAS PROTECTIVE EQUIPMENT USED
- Yes - No _ Yes _ No _ Yes _ No
IF ANY OF THE ABOVE ANSWERS ARE -No., EXPLAIN
DID INJURY OR DISEASE OCCUR DUE TO I~'D AMPUTATION RESULT
_ Mechanical Defect _ Accklent _ Unsafe Act _ Yes _No
PERSONAL INJURY
PROPERTY DESCRIPTION eSTIMATeD COSTS IACTUAL COSTS
PROPERTY OWNED BY ESTIMATED REPLACEME!NT TIME
PERSON WITH MOST CONTROL OF OBJECT/EQUIPMENT/SUBSTANCE 10BJECT/EOUIPMENT/SUBSTANCE DAMAGEDI$TOLEN
NATURE OF DAMAGE REPORTED TO TCC INSURANCE BY WHOM DATE REPORTED
- Ye. - No
DOES TENANT HAVE RENTER'S INSURANCE IF .Y"-, WITH WHOM POLICY NUMBER EFFECTIVE DATE
- Yes - No
PROPERTY DAMAGE OR THEFT (Circle One)
DESCRIPTION
GIVE A CLEAR, DETAILED DESCRIPTION OF THE ACCIDENTfTHEFT/INCIDENT. ATTACH A DIAGRAM IF MOTOR VEHICLE ACCIDENT. IF THE
INCIDENT WAS A THEFT, LIST ALL ITEMS TAKEN. ATTACH COpy OF FIRE/POLICE REPORT.
Q\a~ ~ () ()....~\..o a..
RECEIVED TIME MAR,18. 4: 36PM
Mar.IB, 2004 -5:33PM
TRIPLE CROWN CORP.
M - Bur g , P a,
No,f266 'P.6
ANALYSIS
WHAT ACTS, FAILURES TO ACT ANDIOR CONDITIONS CONTRlsUTED MOST DIRECl1- Y TO THIS INCIDE:NT
LOSS SevERITY POTENTIAL
_ Major _ Serious _ Minor
Ii'" :,.;.;,;:;y",U:~ PROS/ISLE RECURRENCE RATE
.~:,~'.:;J:'>;;..{~.;i'''.~::'' I I
::fYiv~;n~~#b _ Fmquent _ Oces, ona _ Rate
PREVENTION
WHAT INTERIM CORRECTIVE ACTION HAS BEEN OR WILL BE TAKEN TO PREVENT RECURRENCE
WHAT PERMANENT CORRECTIVE ACTION IS RECOMMENDED TO PREVENT RECURRENCE
\"
~.
~
NAME
WITNESSES
PHONE NUMBER(S)
ADDRESS
-
tJ.
Tec SIGNATURES
SUBMITTED BVe ' '~~r DATE
a.' . <,e.. C~~ I~ ~o-"1
VP PROPERTY MANAGEMENT DATE
SAFETY DIRECTOR DATE
PRESIDENT DATE
RECEIVED TIME MAR. 18. 4: 36PM
Mar.IB. 2004 -5:33PM TRIPLE CROWN CORP, M-Bm,Pa,
No, 4'266 'p, 7
Police Incident 2-12-04 regarding 507 Rittenhouse Sq.
I was out walking the community at 9:15 pm on February 2, 2004
when the pollee stopped me and ask if I could unlock 507
Rittenhouse Sq. for them. They had a frantic caller on 911 calling
from inside the home. When I arrived at the home with the keys
the lady who was on the phone with 911 WillS on a cell phone hiding
in the closet saying she was afraid to come Clut because she thought
that someone was waiting to beat her up. The police enteed the
home and found Ashley Trayer in the closet scared to come out.
RECEIVED TIME MAR. 18, 4: 36PM
Mar.18. 2004 -5:33P~
TRIPLE CROWN CORP. M-Burg,Pa,
No,4266 'P 3
."" ":"' ",...:'
" :.'
t977 .200.2
100 Georgetown Road
Mechanicsburg, PA 17050
WNW,biplecrowncorp.com
26t1v
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Triple Crown Corporation
RtcoRntwJ Q.alily HOm<! Bui/dcr
(717) 697-2226
FAX (717) 697-3008
beachlere@triplecrowncorp.com
February 19, 2004
Thomas Trayer
507 Rittenhouse Sq.
Mechanicsburg, PA 17050
RE: Notice to Quit
Dear Thomas:
You are hereby required to remove yourself and your possessions and to
quit and deliver up peacefully, the possession of the above premises occupied by
you on or before March 31, 2004. .
If you fail to vacate the home on or before March 31, 2004, legal measures
will commence to evict you and repossess the home, which will result in
additional costs being assessed against you.
This is your notice to quit for the purpose of termination your occupancy.
~~
Elaine Beachler
Property Manager
cc: File
RECEIVED TIME MAR. 18. 4:36PM
VERIFICATION BASED UPON PE~RSONAL
KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL
1. I verify that I am a named party in the foregoing action.
2. The averments in the foregoing para!::[raphs are based upon the
information which has been gathered by my counsel in this lawsuit.
3. The language of these paragraphs is that of counsel and is not
mine.
4. I have read this document and, to thE! extent that it is based
upon information which I have given to my l:ounsel, it is true and
correct to the best of my knowledge, informat:ion, and belief. To the
extent that the its contents are based on inj:ormation obtained by my
attorney, I have relied upon counsel in making this Verification.
5. I understand that intentional false sl:atements herein are made
subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn
falsifications made to authorities.
YY/{JL4U
MARK DISANT<Y
CERTIFICATE OF SERVICE
I h=by certify thot on ';l i ? "( , 20041 ~'" . true oopy of the
attached document upon the person(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA.
JEFFREY A. ERNICO, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, PA 17110-0950
MICHAEL D. REED, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, P A 17110-0950
RESPECTFULL Y SUBMITTED,
,/VJ
S ERO . LAPP AS, Esquire
Pa. prerne Ct. ID no. 25745
2080 Linglestown Road
Suite 20 I
Harrisburg, P A 17110-9670
(717) 540-9170
By:
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GRACE TRAYER, THOMAS TRAYER IN THE COURT OF COMMON PLEAS OF
and LINDA TRAYER, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
DEFENDANTS
: 03-6400 EQUITY
ORDER OF COURT
AND NOW, this 25th day of March, 2004, the preliminary injunction scheduled for
March 30, 2004, is cancelled and rescheduled to Tuesday, May 4, 2004, at 1 :30 p.m., in
Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
B~'1~
Edgar B. Bayley, J.
vMichael D. Reed, Esquire
For Plaintiffs >
...spero T. Lappas, Esquire
For Defendants
03 ~;)..5 -0 V
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GRACE TRAYER, THOMAS TRAYER : IN THE COURT OF COMMON PLEAS OF
and LINDA TRAYER, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
DEFENDANTS
: 03-6400 EQUITY
ORDER OF COURT
AND NOW, this 30th day of March, 2004, the preliminary objections of defendants
to plaintiffs' complaint, ARE DISMISSED.
~;~hael D. Reed, Esquire
For Plaintiffs
./Spero T. Lappas, Esquire
For Defendants
:sal
BY~~~
Edgar B. Bayley, J.
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A17VRNEY JOR DEFENDANTS
GRACE TRAYER, mOMAS TRAYER: IN THE COURT OF COMMON PLEAS
And LINDA TRAYER : CUMBERLANH COUNTY
Plaintiffs : PENNSYL V ANlA
v.
.
: No. 03.6400 Civiil
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Hefendants
.
.
: Civil Action - Equity
.
: Action for Specific Performance
NOTICE TO PLEAD
To: Plaintiffs and their Counsel
You are hereby notified to file a written response to the ,enclosed Answer with New Matter
within twenty days from service hereof or a judgment may be entered against you.
By:
Y SUBMflTED,
L
P S, Esquire
Pa. Su re Ct. ID no. 25745
08 inglestown Road
ulte 201
Harrisburg, PA 17110-9670
(717) 540-9170
ATTORNEYS FOR THE DEFENDANTS
Page 1 of 14
GRACE TRAYER, THOMAS TRAYER : IN THE COURT OF COMMON PLEAS
And LINDA TRAYER : CUMBERLAND COUNTY
Plaintiffs : PENNSYL V ANlIA
v.
.
: No. 03-6400 Civil
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE
CROWN CORPORATION,
Defendants
.
: Civil Action - ECluity
.
: Action for Specific Performance
DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT
AND NEW MAITER
AND NOW, this k day of April, 2004, come the Dependants, by and through their
attorneys, Spero T. Lappas, Esquire, and Serratelli, Schiffman, Brown & Calhoon, P.c., and
make this Answer to the Plaintiffs' Complaint, respectfully repr,esenting asfollows:
L Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted that Mark DiSanto is an officer and sh:iU'eholder of Triple Crown
Corporation.
8. Admitted.
9. Admitted.
10. Defendants are without sufficient information to express an opinion as to the truth or
falsehood of the averments of paragraph 10. ACI~ordingly. those averments are denied
and strict proof thereof is demanded at trial if relevant. By way of further pleading, the
Page 2 of 14
Defendants aver that whether or not Grace Trayer had been approached by other
potential buyers over the years is not relevant to the present case.
11. Admitted that Grace Trayer resided in a farm house on the property known as 781
Orrs Bridge Road. Admitted that Thomas and Lilnda Trayer resided in a mobile home
near Grace Trayer's farm house. With respect to the averment that Grace Trayer had
lived there for 57 years, the Defendants, after reasonable investigation are without
sufficient information to express an opinion as to the truth or falsehood of that averment
and therefore that averment is denied with strict proof thereof being demanded at trial if
relevant. Byway of further pleading, the duratioln of Grace Trayer's residence in that
farm house is not relevant to these proceedings.
12. All relevant promises made to or by any of the parties to this action are contained in the
agreement for the sale of real estate which is atta,ched to the Complaint as Exhibit "B,"
and in such auxiliary documents as the court may decide to be part of that real estate
sales agreement. The averment that the Defendants gave any Plaintiff an inducement to
perform any act is a legal conclusion to which no answer is required.
13. Admitted that Grace Trayer (by her attorney in fact), Mark DiSanto and James
Grandon executed the real estate purchase agreement attached to the Complaint as
Exhibit "B," and that they executed it on or about June 21, 2002. With respect to the
Plaintiff's interpretation, argument, and averments concerning the contents and force of
that agreement, the agreement speaks for itself.
14. Admitted that Grace Trayer conveyed the property by a Deed in Fee Simple to
Defendants DiSanto and Grandon. Admitted that she did so on or about March 4,
2003. Admitted that a true and correct copy of tile Deed is attached to the Complaint
as Exhibit "C."
15. Admitted that a true and correct copy of the March 4, 2003 letter is attached to the
Complaint as Exhibit "D." With respect to the Plaintiff's interpretation, arguments, and
Page 3 of 14
averments concerning the contents or force of that letter, and further with respect to the
averments that this letter constituted an agreement regarding the post-closing obligations
of the parties, the Defendants aver that the letter speaks for itself. The Plaintiff s
interpretations and averments concerning the fon:e and affect of that letter constitute
legal argument which no answer is necessary.
16. Defendants admit that the Plaintiffs have attached as Exhibit "E" to the Complaint the
document entitled "Addenda to Agreement of Sale" dated on or about August 13,
2003. Defendants deny that this agreement was ,mything other than an addendum to
the June 21, 2004 Sales Agreement. Defendants deny that the agreement attached to
the Complaint bears the signatures of anyone on behalf of Triple Crown or by or on
behalf of any other Defendant in this case. With respect to the Plaintiffs' remaining
averments as to the force and effect of this document, the Defendants aver that the
document speaks for itself.
17. Admitted that the Plaintiffs have attached to their Complaint an August 13, 2003
handwritten document. Denied that Mark DiSanto "signed on behalf of all three
defendants." To the contrary, his signature indicates that it is by "Mark X. DiSanto,
buyer." With respect to whether or not Attorney Smith signed that document on behalf
of the Plaintiffs, the Defendants aver that Attomey Smith signed as "Attorney for the
Trayer family, Buyer." Accordingly, from the face of this document, it is impossible to
determine on whose actual behalf Attorney Smith signed this document. This confusion
is compounded by the fact that both DiSanto and Smith signed as "Buyer" and no one
signed as the seller. Furthermore, the individuals composing "the Trayer family, buyer"
are not identified. Moreover, the August 13 document does not identify itself as an
addendum to any other document or documents. Therefore, with respect to the
Plaintiffs' averments, argument, and interpretation of the August 13, 2003 documents
the Defendants aver that the document speaks for itself. With respect to the argument,
Page 4 of 14
interpretation and averments concerning the conll:nts and force of that document, those
arguments, averments, and interpretations constivute legal argument to which no answer
is required.
18. It is admitted that the Trayers left their fann house and mobile home and moved into a
home owned by Defendant Triple Crown at 507 Rittenhouse Square, Silver Spring
Township. It is denied that they did so based upon any enforceable promises of the
Defendants. Rather Defendant Triple Crown allowed them to move into that residence
as an act of favor and good will. There was never any bargain, contract, or other
obligation which required Triple Crown to provide the Trayers with a residence at 507
Rittenhouse Square. The averment that any of the Plaintiffs acted in reliance on any
alleged action by a Defendant is a legal conclusion to which no answer is required.
19. Denied for the reasons stated in the New Matter which follows.
20. Admitted that Exhibit "G" to the Plaintiff's Complaint is a November 17, 2003 letter
signed by Mark X. DiSanto and James E. Grandon, Jr., and produced on the stationary
of Triple Crown Corporation. The force and contents of that letter speak for
themselves. By way of further pleading, the De~endants deny that anything in that letter
(including a description of an attack suffered by Grace Trayer by her granddaughter) is
false. To the contrary, the letter is true and correct.
21. It is admitted that Counsel for the Trayers have contacted the Defendants and the
Defendants' Counsel to express their views and !positions. The specific views and
positions of Plaintiffs' Counsel as related in paragraph 21 of the Complaint (that the
Defendants made enforceable promises, that there are relevant agreements, that the
Plaintiffs are prepared to go to closing, that the Plaintiffs are prepared to fulfill all
conditions of the alleged agreements, that they expect the Defendants to perform the
obligations which Plaintiffs attribute to them, ell:.) consist of legal argument to which no
response is necessary.
Page 5 of 14
22. Admitted that on or about December 19,2003, there was a telephone conversation
between F.R. Martsolf, Esquire and Michael Reed, Esquire, at which these attorneys
discussed the matters listed in paragraph 22 of th,~ Complaint.
23. Admitted that Attorney Reed sent to Attorney MlIrtsolfthe letter dated December 19,
2003 which is attached as Exhibit "H" to the Complaint.
24. Admitted that the Defendants have not conveyed Lot 1, Phase 1 of the Silverbrook
Development to Grace Trayer or to any of the other Plaintiffs.
COUNT 1 - SPECIFIC PERFORMANCE
25. All previous paragraphs of this Answer are incorporated into this paragraph by
reference thereto. All parts of the New Matter which follows are incorporated into this
paragraph by reference thereto. All parts and paragraphs of the Defendants' Answer
to Plaintiffs' Motions for Preliminary and Permanent Injunction are incorporated into
this paragraph and Answer by reference thereto.
26. With respect to the averment that Lot 1, Phase 1 of the Silverbrook development has
unique and irreplaceable value to the Trayers the Defendants, after reasonable
investigation are without sufficient information to express an opinion as to the truth or
falsehood of that averment and therefore that averment is denied with strict proof
thereof being demanded at trial if relevant.
27. Legal argument requiring no answer. To the ext,ent that an answer is required, the
averments of paragraph 27 are denied.
28. Legal argument requiring no answer. To the extent an answer is required, the
averments of paragraph 28 are denied.
29. Legal argument requiring no answer. To the extent that an answer is required, the
averments of paragraph 29 are denied.
Page 6 of 14
30. Denied that the Defendants committed an anticipatory breach. With respect to the
remaining averments of paragraph 30, the Defendants, after reasonable investigation,
are without sufficient information to express an opinion as to the truth or falsehood of
the averments of paragraph 30, and accordingly, lhose averments are denied with strict
proof thereof being demanded at trial if relevant.
31. The Defendants, after reasonable investigation, are without sufficient information to
express an opinion as to the truth or falsehood of the averments of paragraph 31, and
therefore, those averments are denied with strict !proof thereof being demanded at trial.
32. Legal argument requiring no answer. To the exttmt that an Answer is required, the
averments of paragraph 32 are denied.
WHEREFORE, the Defendants request that the Plaintiff's Complaint be dismissed with
prejudice.
NEW MATTER
33. The agreements between the parties consists of dl1e Real Estate Purchase Agreement
between Grace P. Trayer, and Mark X. DiSanto and James E. Grandon. This
document is attached to the Plaintiffs' Complaint as Exhibit B and the Defendants
DiSanto and Grandon acknowledge its accuracy. This Agreement was clarified by a
letter from Attorney F.R Martsolf (counsel for Grandon and DiSanto) to Attorney S.
Berne Smith. The other document attached to the Plaintiffs' Complaint is a document
entitled "Addenda to Agreement of Sale." This document is described by the Plaintiffs
as not being an Addenda to an Agreement of Sale but "which in fact constituted an
agreement for the specifics of the home to be cOlnstructed on the lot known as
Homesite #1." This Addendum to the Agreement of Sale (Exhibit E to the Complaint)
was never signed by or on behalf of Triple Crown Corporation or any of the other
Page 7 of 14
Defendants in this case.
34. The Defendants have allowed the Plaintiffs to Iiv,e rent free in a townhome at
Georgetown Crossing since April 1, 2003 according to the terms and conditions of a
Residential Lease which is attached hereto (along with related documents) as Exhibit 1.
During the Defendants' residence at Georgetown Crossing they have violated and
broken numerous terms and conditions of that lease, as will be more fully described in
later paragraphs of this New Matter.
35. Plaintiffs agree that a house has been constructed. at the address known as 1 Trayer
Lane. With respect to the Plaintiffs' contention that the Defendants have failed and
refused to go to closing and to turn over possession of the house to the Plaintiffs, the
Defendants aver that they do not now have nor have they ever had an unqualified
obligation to deliver these premises to any of the Plaintiffs, though specifically to Grace
Trayer (the only signatory to the Real Estate Pul'l:hase Agreement).
36. Any obligation that the Defendants had to allow Grace Trayer to move into the
development known as Silver Brook Development was contingent on the Plaintiffs
compliance with the rules and regulations of that development, including all restrictive
covenants and the like. These requirements are attached and made part of this Answer
as Exhibit 2.
37. The Plaintiffs have anticipatorily breached these obligations by engaging in such conduct
at Georgetown Crossing as to allow the Defendants to entertain a good faith certainty
that the Plaintiffs will be unable to live successfully and to reside successfully at 1 Trayer
Lane.
38. Some of the Plaintiffs' violations of the terms arid conditions of their residency at
Georgetown Crossing include: Malicious damage to the townhouse, acts of violence
committed in the townhouse, numerous police calls, engaging in or allowing criminal
activity at the premises, engaging in a campaign of slander and defamation against the
Page 8 of 14
Defendants (consisting of allegations completely unrelated to the lease and the dispute
over I Trayer Lane), and other acts of misconduct. All of these acts are in violation of
the existing restrictions applicable to residents at Georgetown Crossing.
39. Reports and records documenting some of these mis-deeds are attached hereto
collectively as Exhibit 3. Further evidence will be introduced at the hearing on the
Plaintiffs' motion. Furthermore, it is significant that the Plaintiffs have been unable or
unwilling to satisfy their legal obligations by living according to the restrictive covenants
applicable to the residents at Georgetown Crossing.
40. Under the circumstances, the Defendants DiSanto and Grandon sent to the Plaintiff
Grace Trayer the letter attached as Exhibit G to tll1e Plaintiffs' Complaint. These
Defendants made a number of unnecessary conct:ssions in good faith to allow the
Plaintiff Grace Trayer to obtain new living arrangements in the most convenient,
favorable and beneficial way possible. So far, the efforts of Defendants DiSanto and
Grandon have been rebuffed and refused at every turn.
41. Plaintiffs will suffer no harm, let alone immediate and irreparable harm.
42. Plaintiffs have an adequate remedy at law.
43. Plaintiffs have unclean hands.
44. Greater harm would ensue from granting the Plaintiffs there requested relief that would
ensue if that relief was denied. If specific performance is denied, the only harm that
will ensue would be that Grace Trayer would ne'~ to use part of her $1,000,000.00
(as well as a sum in excess of $200,000.00 whicll1 the Defendants hold in escrow for
Grace Trayer) to obtain adequate housing arrangements. If the injunction were
granted, and if the Defendants were ordered to allow Grace Trayer (and presumably
her extended family) to move into I Trayer Lane, Silver Brook Development, the
economic damage that they and there disruptive lifestyle and conduct would cause to
the Defendants' multimillion-dollar market devdopment efforts would be enormous. In
Page 9 of 14
fact, the Defendants believe (from long and extensive professional experience in the
residential real estate business) and therefore avelr that the Plaintiffs would cause
widespread interference with actual and prospective sales of houses at Silver Brook
Development; and the Defendants further aver that the Plaintiffs do not have sufficient
financial resources to pay any likely judgment that could consequently be entered
against them.
45. Accordingly, if this Court were to consider grantilng a preliminary or permanent
injunction or specific performance requiring the 'Thayers to be moved into 1 Trayer
Lane, Defendants believe that a fair and reasonable amount of the injunction bond
would be $30,000,000.00.
46. The Plaintiffs' complaint seeks to enforce an alleged contract between the Plaintiff
Grace Trayer and the Defendants wherein the defendants are alleged to have
anticipatorily breached an obligation to deliver a house and lot to Grace Trayer.
47. The alleged agreement is attached to the Complaint as Exhibit B and dated June 21,
2002.
48. The Plaintiffs aver that Exhibit B was supplemented by a writing attached as Exhibit D
and dated March 4, 2003.
49. The agreement contained in Exhibits B and D is alleged to be between Grace Trayer
and the Defendants Disanto and Grandon.
50. Linda Trayer and Thomas Trayer are not parties to that alleged agreements contained
in Exhibits B and D to the Complaint.
51. Triple Crown Corporation is not a party to that alleged agreement contained in Exhibits
B and D to the Complaint.
52. The Plaintiff's Complaint does not plead a caust~ of action against Triple Crown
Corporation.
53. The Plaintiff's Complaint does not plead a caust: of action on behalf of Thomas Trayer
Page 10 of 14
and Linda Trayer.
54. Exhibit E to the Complaint is a document dated August 26,2003 titled "Addenda to
Agreement of Sale." This document is not signed by or on behalf of the Defendants.
55. Exhibit E to the Complaint is a document dated August 26, 2003 titled "Addenda to
Agreement of Sale." This document, which is signed only by the Plaintiffs and not by
the Defendants, purports to be an addendum to an agreement of sale "dated 8-13-03."
The Plaintiffs plead that this document is not an addendum to any sales agreement but is
instead "an agreement for the specifics of the home" which the Plaintiffs claim that the
defendants promised to build for Grace Trayer.
56. Exhibit F to the Complaint is a handwritten document dated August 13, 2003 which
contains certain references to "Trayer" or the "Trayer family." It does not mention
Unda or Thomas Trayer.
57. The documents attached to the Complaint as Exhibits B and D do not purport to
impose upon Defendants any obligations to Thomas Trayer or Unda Trayer.
58. The Complaint does not describe any alleged obligations of Triple Crown Corporation
to the Plaintiffs.
59. The Plaintiffs Complaint does not set forth a cause of action against any Defendant.
WHEREFORE, the Defendants request that the Plaintift's Complaint be dismissed with
prejudice.
Page 11 of 14
SUBMITTED.
S HI MAN. BROWN AND CALHOON, P.c.
By:
Page 12 of 14
APR-16-2004 12:15
TRIPLE CROWN CORPORATION
7176578125
P.02
VERIFICATION BASED UPON PERSONAL
KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL
I verify that 1 am the named party in the foregoing action.
The averments in the foregoing paragraphs are based upcln the information which has been
gathered by my counsel in preparation of this lawsuit
The language of these paragraphs is that of counsel and is not mine.
1 have read this document and, to the extent that it is basl:d upon information which I have given
to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent
that the its contents are that of counsel, I bave relied upon counsel in making this Verification.
[understand that intentional false statements herein are made subject to the penalties of 18
Pa.C.S.A. ~4904 relating to unsworn falsifications made to authorities.
i!lo;jJ.JU
Page 13 of 14
'I 'RECEWEO"T\ME APR. 16. 12:19PM f111/1'~J';OU ",~'a"'o
I~I"'" ""., ""lIf17 'n I '\1 IU
TOTAL P.02
CERTIFICATE OF SERVICE
I hereby certify that on
~
, 2004 I served a true copy of the attached
document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid,
deposited into the U.S. Mail at Harrisburg, PA.
JEFFREY A. ERNICO, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, PA 17110-0950
MICHAEL D. REED, ESQUIRE
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG, PA 17110-0950
Page 14 of 14
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GRACE TRAYER, THOMAS TRAYER : IN THE COURT OF COMMON PLEAS OF
and LINDA TRAYER, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE CROWN
CORPORATION,
DEFENDANTS : 03-6400 CIVIL ACTION -- EQUITY
IN RE: PETITION OF PLAINTIFFS FOR A PRELIIMINARY INJUNCTION
AND NOW, this
ORDER OF COURT
b t't-- day of May, 2004, IT 151 ORDERED:
(1) Defendants shall forthwith specifically perform their contractual obligation
under the Real Estate Purchase Agreement of June 21, 2002, by closing with Grace
Trayer on a lot with a house they constructed for her in the Silver Brook Development.
(2) This injunction is effective upon plaintiffs depositing with the Prothonotary
$1.00 pursuant to Pa. Rule of Civil Procedure 1531 (b), which deposit shall be made
within seven days of the date of this order.
B;the CO"#
r
Edgar B. Bayley, J.
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03-6400 CIVIL ACTION -- EQUITY
Michael D. Reed, Esquire
Mette, Evans & Woodside
3901 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiffs
~
Spero T. Lappas, Esquire
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9670
For Defendants
:sal
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9-,
GRACETRAYER,THOMASTRAYER
and LINDA TRAYER,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARK X. DISANTO, JAMES E.
GRANDON, JR. and TRIPLE CROWN
CORPORATION,
DEFENDANTS 03-6400 CIVIL ACTION -- EQUITY
IN RE: PETITION OF PLAINTIFFS FOR A PREUMINARY INJUNCTION
OPINION AND ORDER OF COURT
Bayley, J., May 6, 2004:--
On December 26, 2003, plaintiffs instituted this action in equity against
defendants for specific performance of the transfer of a house and the lot on which it is
located pursuant to a Real Estate Purchase Agreement executed on June 21, 2002.
On March 10,2004, plaintiffs filed a petition for a preliminary injunction. A hearing was
conducted on May 4, 2004.
Grace P. Trayer, a widow, owned 56.84 acres in Mechanicsburg, Cumberland
County where she lived in a farmhouse since 1946. Defendants sought to purchase the
property to construct a development of approximately ninl3ty-seven residential units to
be known as Silver Brook. On June 21, 2002, the parties executed a written Real
Estate Purchase Agreement. The Agreement provided for a total purchase price of
$1,200,000. Paragraph 17(a) provides:
Traver Lot and Residence. Within sixty (60) days prior to Closing,
Seller shall select one (1) lot of approximately one (1) acre in size, which
lot shall encompass the location of the presl3nt Trayer House Trailer and
03-6400 CIVIL ACTION -- EQUITY
the well which is located near the Trayer House Trailer (the Trayer Lot).
Within thirty (30) days prior to Closing, Selle,r shall select a house and
floor plan for the Residence from among thEl prototype plans which Buyer
builds for its purchasers. Buyer agrees to Il:onstruct a personal
residence for Seller upon the Trayer Lot, which construction and
basic landscaping shall be completed within one hundred eighty
(180) days of Closing. The cost of the Trayer Lot shall include all
associated land cost, site costs such as en!;lineering, interest, supervision
and overhead and corporate general and administrative expenses
prorated on the basis of the total costs of Phase I of the Project with the
total number of lots within Phase I of the Project. The residence shall be
constructed at Buyer's cost, which cost shall include labor, materials,
supervision and overhead and corporate general and administrative
expenses. The actual cost of the residence and Trayer Lot shall not
exceed Two Hundred Thousand Dollars ($200,000.00); provided,
however, if and in the event the cost of the residence and Trayer Lot
exceeds the amount specified herein calculated in accordance with the
provisions hereof, Seller shall pay to Buyer, upon demand, but, in any
event, prior to the issuance of a certificate of occupancy for the Trayer Lot
and Residence, the amount of such overagE~; provided, further, however, if
and in the event the cost of the residence and Trayer Lot is less than the
amount specified herein calculated in accordance with the provisions
hereof, Buyer shall refund such amount to Seller upon demand. The
landscaping shall be to the same extent as IBuyer would provide for any
other residence built or to be built by it in thE~ Project. Upon completion
of the improvements erected or to be erected upon the Trayer Lot
and payment, if any, by Seller to Buyer oiF any cost overage, Buyer
shall deliver fee simple title to the Trayer Lot and Residence to Seller
by deed of special warranty. Title to the Trayer Lot and Residence shall
be free and clear of all liens, encumbrances, easements, restrictions and
objections, except state legislative acts and local ordinances and such
easements, restrictions, easements for abutting streets and privileges of
rights of or for utilities as do not interfere with the use of the Trayer Lot
and Residence for Seller's intended use. Excepting only as set forth
above, title to the Trayer Lot and Residence, shall be in fee simple, good
and marketable and insurable as such at re!~ular rates by any title
insurance company licensed to write title insurance in the Commonwealth
of Pennsylvania selected by Seller. At the time of conveyance of the
Trayer Lot and Residence, realty transfer taxes shall be divided equally by
and between Seller and Buyer and Seller and Buyer shall pay such other
closing costs as may be customary in residEmtial real estate transactions
in Cumberland County; (Emphasis added.)
-2-
03-6400 CIVIL ACTION -- EQUITY
Closing on the Real Estate Purchase Agreement occurred on March 4, 2003,
when Grace P. Trayer executed a deed to Mark X. DiSanto and James Grandon, Jr.,
transferring the 56.84 acre tract. She received $1,000,000 with the remaining
$200,000, as per the terms of the Agreement, being applied to the price of the new
house defendants were building for her as set forth in Paragraph 17. Defendants have
completed construction of the house. The trailer referred to in Paragraph 17 is where
Grace Trayer, her son Thomas Trayer and his wife Linda Trayer were all living at the
time the Real Estate Purchase Agreement was executed. The Agreement provided
that the Trayers could continue to live in the trailer until closing on the new house. As
construction of the development progressed defendants discovered that they needed to
utilize the land upon which the trailer was located for infrastructure. They agreed to
allow the Trayers to move, rent free, into a townhouse thElY owned at 507 Rittenhouse
Square, Silver Spring Township, until their new house was completed. The Trayers
vacated the trailer and are living in that townhouse.
On November 17, 2003, defendants notified GraGe Trayer of various complaints
they had with regard to the manner in which the Trayers were occupying the
townhouse. They informed her that they had "come to th'e conclusion that we feel it
would be best for your family to find an existing home in another community."
Defendants have refused to transfer the house they built for her in the Silver Brook
Development. At the hearing, defendants sought to introduce evidence of an
anticipatory breach by Grace Trayer of the Real Estate PIJrchase Agreement. They
-3-
03-6400 CIVIL ACTION -- EQUITY
offered to prove that while living in the townhouse at 507 IRittenhouse Square, the
Trayers violated several restrictions applicable to the property including limits on pets,
accumulation of trash, and peaceable possession as a result of Grace Trayer's
granddaughter assaulting her. Defendants argued that this evidence would prove an
anticipatory breach of the Real Estate Purchase Agreememt because there are likely to
be similar violations of the covenants and restrictions applicable to all properties in the
Silver Brook Development. We rejected the offer. As described in Lane Enterprises,
Inc. v. LB Foster Company, 700 A2d 465 (Pa. Super. 1997):
"Anticipatory breach of a contract occurs whenever there has been a
definite and unconditional repudiation of a contract by one party
communicated to another. A statement by a party that he will not or
cannot perform in accordance with the agre1ement creates such a breach."
Oak Ridge Const. Co., 351 Pa.Super. at 38" 504 A2d at 1346. (1985)
(citations omitted). See Restatement (Second) of Contracts S 250 (1981);
Jonnet Develop. Corp. v. Dietrich Industries, 316 Pa.Super. 533,463 A2d
1026 (1983). See also AEL Industries Inc. If. Loral Fairchild Corp., 882
F.Supp. 1477 (E.D.Pa. 1995). Comment b 110 section 250 of the
Restatement (Second) explains the nature of a repudiatory declaration:
In order to constitute a repudiation, a party's language must be
sufficiently positive to be reasonably interpreted to mean that the
party will not or cannot perform. Mer,e expression of doubt as to
willingness or ability to perform is not enough to constitute a
repudiation... However, language that under a fair reading
amounts to a statement of intention not to perform except on
conditions which go beyond the contract constitutes a repudiation.
Restatement (Second) of Contracts S 250, cmt. b (1981). Accord Shafer
v. AI. T.S., Inc., 285 Pa.Super. 490, 428 AL~d 152 (1981) ("to be effective,
a renunciation must be absolute and unequiivocal.").
Although a statement by a party conc:erning its ability to perform
may not be sufficiently absolute to constitutEl a repudiation of the contract,
such a statement may warrant the other party to demand adequate
assurance of performance, the failure of which may be treated as
repudiation. Jonnet, 316 Pa.Super. at 544-.546, 463 A2d at 1032. The
Restatement explains:
-4-
03-6400 CIVIL ACTION -- EQUITY
(1) where reasonable grounds arise to believe that the obligor will
commit a breach by non-performancEl that would of itself give the
obligee a claim for damages for total breach, the obligee may
demand adequate assurance of due performance and may, if
reasonable, suspend any performance for which he has not
already received the agreed exchange until he receives such
assurance
(2) The obligee may treat as a repudiation the obligor's failure to
provide within a reasonable time such assurances of due
performance as is adequate in the circumstances of the particular
case.
Restatement (Second) of Contracts 9 251 CI981). If a party is warranted
in demanding adequate assurances of performance, therefore, and none
is forthcoming, the requesting party may treat the failure to respond as a
repudiation of the contract. Id. See Jonnet, 316 Pa.Super. at 544-546,
463 A.2d at 1032.
The rationale for demanding adequate assurance of performance
is explained as follows: Although a party does not ordinarily have the right
to demand reassurance that the other contracting party will perform, a
reasonable belief that the other contracting party will not or cannot
perform permits the contracting party to demand adequate assurance.
Restatement (Second) of Contracts 9 251 cmt. a (1981). The rule is
closely related to the duty of good faith and fair dealing present in every
contract. Id. Whether a party has a reasonable belief that the other party
cannot perform is determined by the totality of the circumstances
surrounding the agreement. Restatement (Second) of Contracts 9 251
cmt. c (1981). It should be noted, however, that "minor breaches may
give reasonable grounds for a belief that thl9re will be more serious
breaches, and the mere failure of the oblige,e to press a claim for
damages for those minor breaches will not preclude him from basing a
demand for assurances on them." Id. Moreover, "conduct by a party that
indicates doubt as to his willingness to perform but that is not sufficiently
positive to amount to a repudiation may give reasonable grounds for such
a belief." Id.
Clearly there has been no definite and unconditional repudiation of the Real
Estate Purchase Agreement communicated by Grace Trayer to defendants. Even if the
incidents set forth in defendants' offer of proof are true they would not form a basis for
concluding that the Trayers will violate such covenants and restrictions applicable to all
-5-
03-6400 CIVIL ACTION -- EQUITY
properties in the Silver Brook Development. The Real Estate Purchase Agreement
provides that defendants will deliver a title to the buyer frete and clear of all restrictions
except restrictions "as do not interfere with the use of the Trayer Lot and Residence for
Seller's intended use." The offer of evidence if true does not negate, on the theory of
an anticipatory breach, the legal obligations of defendants to deed the house they built
for Grace Trayer in the Silver Brook Development pursuant to the Real Estate Purchase
Agreement.
In Summit Towne Centre, Inc. v. Shoe Show, 829 A.2d 995 (Pa. 2003), the
Supreme Court of Pennsylvania set forth the well established prerequisite for the
issuance of a preliminary injunction. The party seeking the injunction must show (1)
that an injunction is necessary to prevent immediate and irreparable harm that cannot
be adequately compensated by damages, (2) that greater injury would result from
refusing an injunction than from granting it, and, concomitantly, that issuance of an
injunction will not substantially harm other interested parties in the proceeding, (3) an
injunction will properly restore the parties to their status as it existed immediately prior
to the alleged wrongful conduct, (4) the activity sought to be restrained is actionable,
the right to relief is clear, and that the wrong is manifest, or, in other words, plaintiffs are
likely to prevail on the merits, (5) an injunction is reasonably suited to abate the
offending activity, and (6) an injunction will not adversely affect the public interest. We
will review each of these prerequisites.
-6-
03-6400 CIVIL ACTION -- EQUITY
I. AN INJUNCTION IS NECESSARY TO PREVENT IMMEDIATE AND
IRREPARABLE HARM THAT CANNOT BE ADEQUATELY COMPENSATED BY
DAMAGES.
Grace Trayer is ninety years old, virtually blind and very feeble. Although her
mind is still pretty sharp, she needs and receives twenty-fc)ur hour supervision by her
family. Since she moved into the townhouse as an accommodation to defendants, she
has fallen several times, once on some stairs. The trailer in which she had been living
did not have a second floor. Her bedroom now is on the second floor of the townhouse
which is not equipped with handicap accessories. The new house constructed by
defendants, which has a bedroom for her on the first floor, is equipped with handicap
accessories. Given her age and physical condition, time is of the essence for Grace
Trayer to have the benefit of living comfortably and more safely in the house
constructed for her by defendants. An injury is irreparablEI if it can only be estimated by
conjecture and cannot adequately be compensated for by money damages. Boehm v.
University of Pennsylvania School of Veterinary Medic:ine, 392 Pa. Super. 502
(1990). On the unique circumstances of Grace Trayer's age and physical condition we
conclude that an injunction is necessary to prevent immediate and irreparable harm that
cannot be adequately compensated by damages.
-7-
03-6400 CIVIL ACTION -- EQUITY
II. GREATER INJURY WILL RESULT FROM REFUSING AN INJUNCTION THAN
FROM GRANTING IT, AND, CONCOMITANTLY, THE ISSUANCE OF AN
INJUNCTION WILL NOT SUBSTANTIALLY HARM OTHIER INTERESTED PARTIES
IN THE PROCEEDING.
Given Grace Trayer's age and special needs we conclude that greater injury will
result from refusing the injunction than from granting it. Granting the injunction
requiring defendants to comply with their contractual obligation to deed the house in
Silver Brook Development to Grace Trayer will not substantially harm them.
III. AN INJUNCTION WILL PROPERLY RESTORE THE PARTIES TO THEIR
STATUS AS IT EXISTED IMMEDIATELY PRIOR TO THE: ALLEGED WRONGFUL
CONDUCT.
The status quo is the last actual, peaceable and lawful non-contested status
which preceded the pending controversy. Valley Forge Historical Society v.
Washington Memorial Chapel, 493 Pa. 491 (1981). ThEl Real Estate Purchase
Agreement requires defendants to expeditiously construct a house for Grace Trayer,
that she is paying for. The house has been constructed and plaintiff is ready to close
on the Agreement. A preliminary injunction will properly mstore the parties to their
contractual status as it existed immediately prior to defendants' wrongful refusal to fulfill
their obligation under the Agreement.
-8-
03-6400 CIVIL ACTION -- EQUITY
IV. THE ACTIVITY SOUGHT TO BE RESTRAINED IS ACTIONABLE, THE RIGHT TO
RELIEF IS CLEAR, AND THAT THE WRONG IS MANIFEST, OR, IN OTHER WORDS,
PLAINTIFFS ARE LIKELY TO PREVAIL ON THE MERITS.
Having rejected defendants' offer of evidence that Grace Trayer has
anticipatorily breached the Real Estate Purchase Agreement, plaintiffs right to the relief
of specific performance to deed her the house they constructed for her under the terms
of that Agreement is clear, defendants wrong is manifest, and plaintiff is likely to prevail
on the merits.
V. AN INJUNCTION IS REASONABLY SUITED TO ABATE THE OFFENDING
ACTIVITY.
Defendants have wrongfully refused to abide by thl~ terms of the Real Estate
Purchase Agreement. An injunction will abate defendants' offending activity.
VI. AN INJUNCTION WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST.
There is no public interest that will be affected by the issuance of a preliminary
injunction.
For the foregoing reasons, the following order is entered.'
, Defendants notified the Trayers by letter of February 19, 2004, to vacate the
townhouse at 507 Rittenhouse Square by March 31,2004. The letter set forth: "If you
fail to vacate the home on or before March 31,2004, legal measures will commence to
evict you and repossess the home which will result in additional costs being assessed
against you." Plaintiffs' petition for a preliminary injunction also seeks to enjoin
defendants from evicting them from the townhouse until they have transferred the
house in Silver Brook Development. At the hearing, defendants agreed not to evict
plaintiffs from the townhouse until this suit is resolved.
-9-
03-6400 CIVIL ACTION -- EQUITY
AND NOW, this
ORDER OF COURT
b \. day of May, 2004, IT IS ORDERED:
(1) Defendants shall forthwith specifically perform their contractual obligation
under the Real Estate Purchase Agreement of June 21, 2002, by closing with Grace
Trayer on a lot with a house they constructed for her in thE~ Silver Brook Development.
(2) This injunction is effective upon plaintiffs depositing with the Prothonotary
$1.00 pursuant to Pa. Rule of Civil Procedure 1531 (b), which deposit shall be made
within seven days of the date of this order.
By the Cou ,//;;-if
/ /
/ /
/ '
I
Edgar B. Bayley, J.
Michael D. Reed, Esquire
Mette, Evans & Woodside
3901 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiffs
Spero T. Lappas, Esquire
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9670
For Defendants
:sal
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