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HomeMy WebLinkAbout08-2251 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW EMPIRE HOMES, LLC, SHAULL'S NO. O8' a~o15I ~tVi ( (e-t-r~ CHOICE DEVELOPMENT, LLC, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint in Confession of Judgment (Money Judgment) filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder, and against the Defendants Empire Homes, LLC and Shaun's Choice Development, LLC, as follows, plus costs of collection, and reasonable attorneys' fees from the date of judgment: ~~et~ s ~~. A ~ ~~ ~ ~,~~ bKB /, Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW EMPIRE HOMES, LLC, and SHAULL'5 NO. d$- ~?~ ~) Ctvi l (erne CHOICE DEVELOPMENT, LLC, Defendants COMPLAINT IN CONFESSION OF JUDGMENT (MONEY JUDGMENT) NOW COME Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder ("Plaintiffs" or "Sellers"), by their undersigned attorneys, Rhoads & Sinon LLP, and file the within Complaint in Confession of Judgment (Money Judgment), stating as follows: 1. Plaintiffs, all adult individuals and having an address c/o Hershey Creamery Company, Post Office Box 1821, Harrisburg, Pennsylvania 17105, awn tenant-in-common interests in those certain parcels of real property known as Tract 1, Tract 3 and the "Campground" (collectively, the "Real Property"), as more particularly described in the 684 ] 65. ] Deeds, as defined in Paragraph 4 below, located on East Lisburn Road and Klinedinst Road in Upper Allen Township, Cumberland County, Mechanicsburg, Pennsylvania. 2. Defendant Empire Homes, LLC ("Empire" or "Defendant Empire") is a Limited Liability Company organized under the laws of the State of Maryland with an address of 9145 Guilford Road, Suite 100A, Columbia, Maryland, 21046. 3. Defendant Shaun's Choice Development, LLC ("Shaun's" or "Defendant Shaun's") is a Limited Liability Company organized under the laws of the State of Maryland with an address of 9145 Guilford Road, Suite 100A, Columbia, Maryland, 21046. (Defendant Empire and Defendant Shaun's are collectively referred to as "Defendants" or "Purchasers"). 4. On July 24, 2007, Plaintiffs and Defendants entered into an Amended and Restated Real Estate Sales Contract ("Sales Contract") wherein Plaintiffs agreed to sell and Defendants agreed to purchase the Real Property as more particularly identified in the deeds recorded in the Office of the Recorder of Deeds in and for Cumberland County in Book 263, Page 1090 and Book 264, Page 2297 (the "Deeds"). The Sales Contract is attached hereto as Exhibit "A" and the Deeds are attached hereto as Exhibit "B" and both Exhibits are incorporated herein by reference. 5. The Purchase Price for the Real Property under the Sales Contract was $4,700,000.00 and Closing was to occur on or before December 21, 2007. [Sales Contract, ¶¶ 2 & 7] (All capitalized terms not defined herein shall have the same meaning as set forth in the Sales Contract.) 2 0 6. Pursuant to Paragraph 3 of the Sales Agreement, under previous agreements between the parties, Defendants made anon-refundable Deposit in the amount of $500,000 to be held by an Escrow Agent and applied to the Purchase Price at Closing. However, pursuant to the Sales Contract, at all times, the Escrow Agent was permitted to release the Deposit to Plaintiffs. [Sales Contract, ¶ 3(a)] 7. Pursuant to Paragraph 8 of the Sales Contract, as a Condition of Closing, Defendants were required to obtain and deliver to Plaintiffs an absolute and firm commitment letter from a Lender acceptable to Plaintiffs indicating that the Lender was firmly committed to provide Defendants with financing in the amount of $3,055,000 (Commitment Letter") representing b5% of the total Purchase Price by no later than August 30, 2007. [Sales Contract, P 8(a)] 8. To date, Defendants have failed to obtain and to deliver the required Commitment Letter to Plaintiffs, failed to satisfy the other Conditions of Closing provided for in the Sales Contract and have failed to settle under the Sales Contract. 9. Defendants' failure to obtain and deliver to Plaintiffs the Commitment Letter as required in Paragraph 8(a) is considered a failure to satisfy a Condition of the Sales Contract, and thus, an immediate breach and default under the terms of Paragraph 10(a) of the Sales Contract. 10. Thus, beginning on August 30, 2007 and continuing to date, Defendants are in default of the terms of the Sales Contract. 11. From August 30, 2007 to date, Plaintiffs have been working with the Defendants in an effort to negotiate terms of a new agreement to permit the Defendants to 3 purchase the Real Property and/or to obtain payment of the Default Amount (as defined below), however, such negotiations have not been successful. 12. Pursuant to Paragraph 10(a) of the Sales Contract, in the event of a default thereunder for the failure to satisfy a Condition, Plaintiffs, after providing written notice to Defendants specifying the nature of the default, were entitled to declare the Sales Contract immediately terminated and retain the Deposit as liquidated damages and Defendants immediately were obligated to pay to Plaintiffs an additional amount of $500,000 as liquidated damages ("Default Amount"). [Sales Contract, ¶ 10(a)] 13. Accordingly, on August 30, 2007, Plaintiffs, through their counsel, provided written notice of the default to Defendants declaring, in relevant part, 1) that the Sales Contract was terminated effective immediately, 2) that Plaintiffs would immediately instruct the Escrow Agent to release the Deposit to Plaintiffs and 3) that the Default Amount was immediately due and payable ("Default Notice"). A true and correct copy of the Default Notice is attached hereto as Exhibit "C" and incorporated herein by reference. 14. Further, Paragraph 10(a) provides that in the event Defendants fail to pay Plaintiffs the Default Amount within five (5) days of the written demand thereof, the Plaintiffs are permitted to confess judgment against the Defendants for the full amount of the Default Amount pursuant to the confession of judgment and warrant of attorney provisions contained in the Sales Agreement, which empower any attorney of any court of record to appear for and confess judgment in favor of Plaintiffs and against the Defendants for the full Default Amount plus reasonable attorneys fees and court costs. [Sales Contract, ¶10(a)] 4 15. To date, Defendants have failed to pay to Plaintiffs the Default Amount due pursuant to the terms of the Sales Contract, therefore, Plaintiffs are confessing Judgment against Defendants. 16. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 17. The Sales Contract has not been assigned. 18. Judgment has not been entered previously on the warrants of attorney contained in the Sales Contract in any jurisdiction. 19. Pursuant to the Confession of Judgment section of Paragraph 10(a) of the Sales Contract, Plaintiffs are entitled to receive all costs of suit and reasonable attorneys' fees for collection. 20• As of March 20, 2008, the amount of the judgment to be entered under the Sales Contract is itemized as follows: Default Amount: $500,000.00 ~' $ -3-}-6~- Reasonable Attorneys' Fees: $ 5,000.00 Total : $ 5D5 0 00.00 c n c~~-vTr. `v$ 5 WHEREFORE, Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder, demand judgment in their favor against Defendants Empire Homes, LLC and Shaun's Choice Development, LLC in the amount of $500,000.00, plus costs of collection, including, without limitation, reasonable attorneys' fees; and such other charges as authorized by the warrants contained in the Sales Contract. Respectfully submitted, BROADS & SINON LLP Dated: ~ `-~ ~~ By: Tim y J. Nieman, Esquire Thomas J. Nehilla, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, Walter Shaull Holder for all other purposes 6 VERIFICATION Walter Shaull Holder hereby deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of leis knowledge, information and belief. Date: ~~~e~ ~T Walter Shaull Holder VERIFICATION George Hugh Holder hereby deposes and says, subject to the penalties of l8 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judg-nent are true and correct to the best of his knowledge, information and belief. Date: „i~ ~ Georg gh der s VERIFICATION Mary Holder Holtzman hereby deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of her knowledge, information and belief. Date: y/~~ ~' -~- Mary der ltzman, by George Holder under a Power f Attorney VERIFICATION Thomas Michael Holder hereby deposes and says, s~-bject to the penalties of 18 Pa. C.S. § 4944 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief. Date: _~~'R ~ g Tho s icha Holder, by George Holder under a Powe f Attorney VERIFICATION Maureen H. Ryan hereby deposes and says, subject to the penalties of 1 S Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of her knowledge, information and belief. Date: _ _ 7~~ Matt e . R n, by George Holder under a Po e of Attorney VERIFICATION Mariclaire H. Lombard hereby deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of her knowledge, information and belief. Date: f Ma it . Lo bard, by George Holder under a Pow r Attorney VERIFICATION Mary Katherine Holder hereby deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of judgment are true and correct to the best of her knowledge, information and belief. Date: D~ _ Mary a Brine older, by George Holder under a Power Attorney VERIFICATION Mary Christine Holder hereby deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of her knowledge, information and belief. Date: ~ ~ Ma C ~stine older, by George Holder under a Po of Attorney CERTIFICATE OF SERVICE I hereby certify that on this ~ day of ~ ~~ 2008, a true and correct copy of the foregoing Complaint In Confession Of Judgment (Money Judgment) was served by means of certified United States mail, return receipt requested, first class, postage prepaid, upon the following: Empire Homes, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 Shaun's Choice Development, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 p +L..1 ~ r '~..~' 31 d w i e y AMENDED AND RESTATED REAL ESTATE SALES CONTRACT THIS AMENDED ND RES A ED REAL ESTATE SALES CONTRACT (the "Contract") made this ~~ay of ~~ ~~_, 2007 by and between Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, Walter Shaull Holder (collectively referred to as "Seller") and Empire Homes, LLC and Shaun's Choice Development, LLC (collectively refereed to as "Purchaser"). WITNESSETH: WHEREAS, the Seller and the Purchaser previously entered in that certain Real Estate Sales Contract dated February 10, 2005 (the "Original Agreement"), pursuant to which the Seller agreed to sell to the Purchaser all those certain parcels of land containing approximately 320 acres located on East Lizburn Road and Klinedinst Road, Upper Allen Township, Cumberland County, Mechanicsburg, Pennsylvania (the "Parcel") and as more particularly described in those two certain deeds, the first being dated May 25, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County (the "Recorder's") in Book 263, Page 1090 and the second dated July 22, 2005 and recorded in the Recorder's in Book 264, Page 2297 (collectively, the "Deeds"}; WHEREAS, the Original Agreement was amended and/or revised by that certain Addendum to Real Estate Sales. Contract, dated June 9, 2005 (the "First Addendum"), that certain Second Addendum to Real Estate Sales Contract dated February 3, 2006 (the "Second Addendum"), that certain Third Addendum to Real Estate Sales Contract, dated March 30, 2006 (the "Third Addendum"}, that certain Fourth Addendum to Real Estate Sales Contract, dated February 26, 2007 (the "Fourth Addendum"), that certain Fifth Addendum to Real Estate Sales Contract, dated March 12, 2007 (the "Fifth Addendum") and that certain Reinstatement and Sixth Addendum to Real Estate Sales Contract, dated April 30, 2007 (the "Sixth Addendum"), and all such Addendums being collectively referred to as the "Addendums"), as well as by various letter agreements; WHEREAS, pursuant to the Second Addendum, the parties provided for a bifurcated closing, with the first closing to include those portions of the Parcel known and identified as Tract 2, Tract 4 and Tract 5 (collectively, the "Partial Tract") in the Deeds (the "Partial Closing"), comprising approximately 175.01 acres for a purchase price of Three Million Three Hundred Thousand Dollazs ($3,300,000) and which purchase price was to be credited against the total purchase price for the entire Parcel under the Original Agreement, being Eight Million Dollars ($8,000,000); WHEREAS, the Purchaser elected the option to proceed with the Partial Closing and the Seller sold the Partial Tract to the Purchaser on April 20, 2006, all as evidenced in that certain deed by and between the Seller and the Purchaser, such deed being recorded in the Recorder's Off ce in Book 274, Page 462; WHEREAS, pursuant to the Second Addendum, the Purchaser was required to settle on the -1- 655452.1 remaining portions of the Parcel, being Tract 1, Tract 3 and the "Campground" as more particularly identified in the Deeds (the "Remaining Property"), on a date certain; WHEREAS, under the remaining Addendums, the closing date on the purchase of the Remaining Property was postponed numerous times and other provisions of the Original Agreement were modified and revised and the Original Agreement was reinstated after a previous expiration; WHEREAS, although the Original Agreement has expired pursuant to the terms and conditions of the Sixth Addendum, as amended by letter agreement, the Seller has agreed to sell the Remaining Property to the Purchaser, however, as opposed to continuing to amend the terms and conditions of the Original Agreement, the parties have agreed to enter into this Contract and provide for the terms and conditions in which the Seller is willing to continue to sell the Remaining Property to the Purchaser, all as more particularly provided for below. NOW, THEREFORE, in consideration of the mutual covenants of Seller and Purchaser and for other good and valuable consideration, the receipt and sufficiency of which Seller acknowledges, Seller and Purchaser agree as follows: 1. AGREEMENT OF SALE AND PURCHASE It is understood and agreed that Seller is currently the owner of all the Remaining Property, comprised of Tract 1, Tract 3 and the "Campground" as more particularly identified in the Deeds, and Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller, under the terms and conditions set forth below, the Remaining Property, together with any and all improvements located upon the Remaining Property and any and all fixtures, machinery, equipment, personalty, boats, appurtenances, rights, privileges and easements benefiting or pertaining to the Remaining Property or said improvements (collectively, the "Property"). 2. PURCHASE PRICE The total purchase price for the Property (the "Purchase Price") shall be Four Million Seven Hundred Thousand Dollars ($4,700,000.00) Dollars. 3. DEPOSIT -PAYMENT OF PURCHASE PRICE. The Purchase Price shall he paid as follows: (a) It is agreed and acknowledged that pursuant to the terms and conditions of the Original Agreement and the various Addendums, the Purchaser previously deposited with the Escrow Agent, as defined below, Five Hundred Thousand Dollars ($500,000) (the "Deposit"), which Deposit was previously deemed and shall continue to be non-refundable (except for a default by the Seller). Although the Original Agreement has expired and the Seller could retain the Deposit, the Seller has agreed to permit the Deposit to be applied to the Purchase Price at Closing (as defined below). Notwithstanding anything contained herein to the contrary and as previously provided for, the Escrow Agent was and is still permitted to release the Deposit to the Seller at anytime. -2- (b) On the date of Closing, the Purchaser shall pay to the Seller the Purchase Price, less: (i) the Deposit, (ii) any credits permitted by this Contract, plus or minus, as the case may be, and (iii) the net amount of settlement adjustments and apportionments between Purchaser and Seller as provided for in this Contract, by means of cashier's check, wire transfer or other cash equivalent. It is agreed and acknowledged that Rhoads & Sinon LLP did and shall continue to serve as the Escrow Agent (the "Escrow Agent"). 4. TITLE (a) Seller shall convey Purchaser, by customary special warranty deed, absolute fee simple title to the Property at the time of Closing, utilizing the same description in which the Seller obtained title to the Property (the "Deed"), free of all monetary liens and encumbrances caused or resulting from any actions or inactions of the Seller, subject, however, to any and all existing easements, rights-of--way and other restrictions, if any, affecting the Property. It is agreed and acknowledged by the parties hereto that under the Original Agreement the Purchaser was given the opportunity to review title to the Property and make any objections which it had to the Property. The time period in which the Purchaser was permitted to object to title previously expired and therefore Purchaser has already reviewed title to the Property. Accordingly, the Purchaser accepts title to the Property in its current state (provided that the Seller has not caused any adverse change to the title since the expiration of the original title examination period provided for in the Original Agreement) and shall have no right to terminate or fail to close under this Contract as a result of any issues with title to the Property. (b) Upon request by Purchaser, Seller shall, at Closing, execute such affidavits, indemnities, and other similar type instruments, in forms reasonably acceptable to Seller, as are required by Purchaser's title insurance company for the elimination of any standard or printed exceptions in Purchaser's final policy of title insurance or for tax reporting purposes and shall deliver reasonable evidence of Seller's authority to consummate this transaction. 5. REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Purchaser that the following are true as of the date of this Contract and will continue to be true as of the date of Closing: (a) Seller has full right, power and authority to enter into and carry out and perform this Contract, without obtaining any further approvals or consents. (b) Seller has not made any commitments or representations to the applicable governmental authorities, any adjoining or surrounding property owners, any civic association, any utility, or any other person or entity which would in any manner be binding upon Purchaser or interfere with or make more costly Purchaser's development and improvement of the Property. Seller has no knowledge of any such commitments or representations made by any of Seller's predecessors in title. -3- (c) Seller is not a "foreign person" within the .meaning of the Foreign Investment in Real Property Act, as amended. 6. COVENANTS OF SELLER Seller covenants with Purchaser that between the date of this Contract and Closing: (a) Seller shall keep any existing mortgage(s) against the Property current and not in default and pay taxes and other public charges against the Property so as to avoid forfeiture of Purchaser's rights under this Contract. (b) Seller shall p r o m p t 1 y advise Purchaser in writing of any facts coming to Seller's attention indicating the inaccuracy or any of the representations and warranties contained in Paragraph 5 of this Contract and shall promptly give to Purchaser copies of any written notices which Seller receives relating to the Property. (c) Seller shall not alter or permit to be altered the state of title to the Property or seek any zoning changes or other governmental approvals with respect to the Property without Purchaser's prior written approval (which approval shall not be unreasonably withheld). 7. TIME AND PLACE OF CLOSIlVG. (a) Subject to the terms and conditions of this Contract, specifically including, without limitation, Paragraph 8 below, Closing under this Contract shall be held on or before December 21, 2007 ("Closing"). (b) Closing is to be held at the office of the Seller's attorney or at the Seller's office, as designated by Seller and Purchaser, at a mutually convenient time and place; provided, however, if the parties cannot agree on a date, time and location, Closing shall occur on December 21, 2007 at 10:00 A.M. in the office of the Seller. 8. CONDITIONS OF CLOSING. The obligation of the Seller to settle on the conveyance of the Property at Closing shall be subject to the conditions provided for below (the "Conditions") being met by the Buyer within the time frames provided for, the determination as to whether any such Condition has been fully satisfied shall be at the sole and absolute discretion of the Seller. It is specifically agreed and acknowledged that the Conditions provided are for the sole and absolute benefit of the Seller, such that in the event the Purchaser fails to satisfy any such Condition when required, as solely determined by the Seller, the Seller shall have the right to either (i) waive the satisfaction of such Condition, (ii) extend the date in which such Condition is to be satisfied or (iii) declare an immediate event of default under this Contract, in which event the Seller shall be permitted to exercise any and all rights which it has under this Contract as a result of such Event of Default, all at the complete and absolute election of the Seller. It is agreed and acknowledged that, if the Purchaser fails to satisfy one of the Conditions, it is the intent of this paragraph to put the Seller back in the position the Seller would have been at the expiration of the Original Agreement and to allow the Seller to have the same rights and remedies it had against the Purchaser if the Seller would have proceeded with its rights under -4- the Original Agreement and not entered into this Contract. (a) The Purchaser shall be required to obtain, no later than August 30, 2007, an absolute and firm commitment letter from a lending institution (the "Lender") acceptable to the Seller indicating that the Lender is firmly committed to provide the Purchaser with financing, on or before the date of Closing, in an amount of no less than sixty-five percent (65%) of the total Purchase Price of the Property, being a minimum of Three Million Fifty-Five Thousand Dollars ($3,055,000) (the "Commitment Letter"). Such commitment shall be based on the current state of the Property (meaning raw land) and not as it will be developed (meaning subdivided lots). The terms and conditions of the Commitment Letter shall be subject to the Seller's approval, which approval shall be in the sole and absolute discretion of the Seller. Purchaser shall be required to deliver a copy of the Commitment Letters to the Seller within the time frame provided for above. (b) As indicated below, the Purchaser has already performed and conducted various due diligence on the Property and as of the date of this Contract represents and warrants to the Seller that. it has previously filed with all appropriate entities of Upper Allen Township a "sketch plan" for the development the Purchaser intends to construct on the Property. As of the date hereof, the Purchaser has also represented to the Seller that it is in a position to move forward with submissions to Upper Allen Township {and any other necessary governmental entity) of all necessary documents and materials to permit the Purchaser to proceed with development on the Property. Accordingly, the Purchaser agrees to comply with the "Schedule of Submission" and, subject to responses received from Federal, Commonwealth and local reviewing authorities, submit to all necessary governmental authorities the documents, applications, plans and other materials provided for on Exhibit "A" attached hereto and made a part hereof. (c} As indicated above, the Purchaser shall be obtaining a Commitment Letter from the Lender, acceptable to the Seller for the purchase of the Property by August 30, 2007, in an amount of at least sixty-five percent (65%) of the Purchase Price. Accordingly, the Purchaser further agrees, on or before December 10, 2007, to provide the Seller with evidence that it has obtained all necessary financing to permit the Purchaser to completely perform under this Contract as of the date of Closing and pay the Seller the total Purchase Price. Any such financing shall be on terms and conditions approved by the Purchaser, in its sole and absolute discretion, and generally acceptable to the Seller. 9. DELNERY OF ENGINEER DOCUMENTS. It is agreed and acknowledged that under the Original Agreement the Purchaser had the right to enter on the Property and conduct various tests and inspections of the Property. Furthermore, it is agreed and acknowledged that the Purchaser did conduct various studies and inspections on the Property and has compiled various engineering documents, specifically including, without limitation, stormwater studies and investigations such that a stormwater management plan has been created, geotechnical studies and investigations such that a report has been finalized, environmental/Phase 1 tests and inspections on the Property, preliminary planning for subdivision and land development on the Property, traffic studies and other test and inspections (the "Engineering Documents"). As additional consideration for the Seller -5- entering into this Contract, the Purchaser represents and warrants that it has, as of the date hereof, turned over all Engineering Documents that have been created as of the date hereof with regard to the Property. Furthermore, the Purchaser agrees and acknowledges that its obligation to turn over all Engineering Documents shall be a continuing obligation such that the Purchaser agrees to turn over any and all future Engineering Documents to the Seller which relate to the Property and/or the development to be completed on the Property within two (2) days of completion of any such additional Engineering Documents and/or within two (2} days of Seller's request for additional Engineering Documents, whether or not such Engineering Documents are completed. Accordingly, the Purchaser agrees to provide Seller with copies of any and all documents which the Purchaser submits to any governmental authority relating to the development and in compliance with the "submission schedule" set forth on Exhibit "A". It is agreed and acknowledged that the intent of this paragraph is that the Seller shall have copies of all Engineering Documents currently existing or created in the future. Upon delivery of the Engineering Documents to the Seller, the Purchaser agrees and acknowledges that the Seller shall have the right to use any and all such Engineering Documents for any purpose and shall be permitted to distribute such Engineering Documents to any and all parties selected by the Seller. In the event of an event of default caused by the Purchaser, the Purchaser agrees and acknowledges that any and all rights that the Purchaser has in and to any of the Engineering Documents shall immediately and automatically be assigned from the Purchaser to the Seller such that the Seller shall have all ownership rights in such Engineering Documents, however, the Seller shall have no obligation to pay any third party for such Engineering Documents. If requested by Seller, Purchaser shall execute any and all necessary assignment and assumption documents relating to the ownership of such Engineering Documents and shall require any third party provider of such Engineering Documents to acknowledge Seller's ownership in such Engineering Documents and deliver to the Seller copies (either in hard copies or electronic format) of such Engineering Documents. Finally, it is agreed and acknowledged that any third party provider of the Engineering Documents can rely on a letter from the Seller indicating that an event of default has occurred under this Contract and as such the Seller has all ownership rights and interests in and to the Engineering Documents. 10. PURCHASER'S or SELLER'S DEFAULT (a) If Purchaser fails to make full settlement or is in default of this Contract, provided Seller has sent written notice to Purchaser specifying the nature of the breach or default and Purchaser fails to cure the specified breach or default within ten (10) days after receipt of .the notice (except for the Purchaser's failure to settle on the date of Closing and pay the Purchase Price or the Purchaser's failure to satisfy any of the Conditions provided for herein on the date required herein, all of which shall be an immediate breach and default), then the Seller, as its sole right and remedy and in lieu of all rights and remedies at law or in equity, may declare this Contract immediately terminated, whereupon the Seller must retain the Deposit (as increased as provided for below) as agreed to liquidated damages and not as a penalty, and the parties will then be deemed relieved of all further obligations under this Contract (except as provided in paragraph 9 relating the Purchaser's continuing obligation to provide the Seller with any and all Engineering Documents). Purchaser may, by notice to Seller, declare itself in default whereupon the above provisions will apply. Any appearance by either party at -6- Closing will not waive this provision for liquidated damages as Seller's sole remedy. Notwithstanding the foregoing, however, it is agreed and aclrnowledged that in the event the Purchaser fails to close on the Property or fails to satisfy each and every Condition, provided for and within the time frames provided for above, the terms and conditions of this paragraph shall apply, except that in addition, the Purchaser agrees to immediately upon such default pay the Seller an additional amount equal to Five Hundred Thousand Dollars ($500,000), which amount shall be due as a result of the Purchaser's default and shall be deemed as part of the .Seller's liquidated damages (the "Default Amount"). IN THE EVENT THAT THE DEFAULT AMOUNT IS NOT PAID WITHIN FIVE (5) DAYS OF THE SELLER'S WRITTEN DEMAND TO THE PURCHASER, THE PURCHASER HEREBY AUTHORIZES THE SELLER, TO THE EXTENT PERMITTED BY LAW, TO APPEAR ON BEHALF OF THE PURCHASER IN ANY COURT IN ONE OR MORE PROCEEDINGS, OR BEFORE ANY CLERK THEREOF OR PROTHONOTARY OR OTHER COURT OFFICIAL, AND TO CONFESS JUDGMENT AGAINST THE PURCHASER, WITHOUT PRIOR NOTICE OR OPPORTUNITY OF THE PURCHASER FOR PRIOR HEARING, IN FAVOR OF THE SELLER IN THE FULL AMOUNT DUE HEREUNDER PLUS REASONABLE ATTORNEYS' FEES AND COURT COSTS. THE PURCHASER WAIVES THE BENEFIT OF ANY AND EVERY STATUTE, ORDINANCE, OR RULE OF COURT WHICH MAY BE LAWFULLY WAIVED CONFERRING UPON THE PURCHASER ANY RIGHT OR PRIVILEGE OF EXEMPTION, HOMESTEAD RIGHTS, STAY OF EXECUTION OR GARNISHMENT, OR SUPPLEMENTARY PROCEEDINGS, OR OTHER RELIEF FROM THE ENFORCEMENT OR INIlVIEDIATE ENFORCEMENT OF A JUDGMENT OR RELATED PROCEEDINGS ON A JUDGMENT. IF A COPY OF THIS CONTRACT, VERIFIED BY THE SELLER, SHALL BE FILED IN ANY PROCEEDING OR ACTION WHEREIN JUDGMENT IS TO BE CONFESSED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL HEREOF AND SUCH VERIFIED COPIES SHALL BE SUFFICIENT WARRANT FOR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST PURCHASER AS PROVIDED HEREIN. JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWERS AND NO SINGLE EXERCISE IN THE AFORESAID POWERS TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL ~ BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH COURT TO BE INVALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME, AND IN THE SAME OR DIFFERENT JURISDICTIONS, AS, AFTER AND AS THE SELLER SHALL ELECT, UNTIL SUCH TIME AS THE SELLER SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL SUMS DUE HEREUNDER IT IS SPECIFICALLY AGREED AND ACKNOWLEDGED THAT THE SELLER SHALL HAVE THE RIGHT TO CONFESS JUDGMENT FOR THE DEFAULT AMOUNT AGAINST EITHER OR BOTH EMPIRE HOMES, LLC AND/OR SHAULL'S CHOICE DEVELOPMENT, LLC. (b) If Seller fails to make full settlement or is in default of the Contract, -7- provided Purchaser has sent written notice to Seller specifying the nature of the breach or default and Seller fails to cure the specified breach or default ten (10) days after receipt of the notice, Purchaser shall be entitled to pursue such rights and remedies as may be available, at law or in equity, including, without limitation, an action for specific performance of this Contract and/or monetary damages. 11. ADJUSTMENTS AT CLOSING. At the time of Closing, all real property taxes for the Property shall be apportioned on the current fiscal year basis of the applicable taxing authority. All real property taxes for the Property for prior fiscal years shall be paid by Seller. State and county transfer taxes shall be paid in equal amounts with each party paying one-half of the total tax. The Purchaser shall pay for all costs relating to the recording of the Deed and the premium for the owner's/lender's title insurance policy. Seller shall pay all costs related to the recording of any satisfaction or termination documents. All other costs and expenses shall be borne by the party incurring the same. Special assessments against the Property for public improvements authorized, pending or completed prior to the date of Closing, whether assessment for such has been levied or not, and whether payable in one (1) lump sum or installments, shall, at Closing, be paid in full by Seller or credited against the Purchase Price (provided that such charges are not a result of the Subdivision Approval and/or the Purchaser's intended use of the Property after Closing). Should it be determined that the Property has been enrolled in the "Clean and Green" Program for real estate tax purposes, Seller will terminate said enrollment prior to Closing and pay any rollback taxes that may become due as a result of the transfer of the Property. 12. NOTICE OF VIOLATIONS. All notices of violations of laws, regulations, or requirements issued by legal authority affecting the Property for conditions existing prior to Closing shall be complied with by Seller on or before Closing, at Seller's expense. All judicial or administrative proceeding brought on account of such violations shall be defended by Seller at Seller's expense. The Property shall be conveyed free of any such violations. Seller has not received any notices of any such violations. 13. BROKERAGE. Purchaser and Seller each warrant and represent to the other that it has not used the services of any broker, agent or finder, other than RSR Realtors, through Albin Simokat ("RSR"). Seller shall pay a commission to RSR at Closing pursuant to an agreement that the Seller and RSR have entered into prior to the execution of this Contract. Each party agrees to defend, indemnify and save harmless the other from any additional commissions or fees (other than the fees of RSR to be paid by the Seller), by reason of the indemnifying party's breach of this warranty, which shall survive Closing and delivery and recording of the Deed. 14. DELIVERY OF POSSESSION. Seller shall give possession of the Property to Purchaser at the time of Closing, free and clear of any licensees, occupants or tenants (except for the current farming leases effecting the Property, which the Purchaser knows about and has consented to, or the Permitted Exceptions). -8- 15. NO BUYER'S CONDITIONS OF CLOSING. It is agreed and acknowledged that there are no existing conditions to Closing which benefit the Purchaser, and to the extent any conditions to Closing did exist under the Original Agreement and would, for any reason, be applicable to this Contract, they are specifically waived by the Purchaser, such that the Purchaser has the absolute and unconditional obligation to close under this Contract as of the date of Closing and Purchaser's failure to close as of the date of Closing shall be an immediate and automatic event of default under the Contract. The Conditions provided for in paragraph 8 are for the sole benefit of Seller and are not conditions to Purchaser's obligation to close under this Contract. 16. MISCELLANEOUS (a) Notices. All notices and other communications under this Contract shall be in writing and shall be deemed duly given if (i) personally delivered, with signed receipt, (ii) sent by commercial overnight courier which requires a signed receipt upon deliver, (iii) mailed by certified mail, return receipt requested, first class, postage prepaid or (iv) sent by email, provided that a "hard" copy of the notice is sent the same day by one of the preceding means. Notice to Seller shall be sent to George Holder c/o Hershey Creamery P.O. Box 1821 Harrisburg, Pennsylvania 17104, email address of gholder@hersheycreamery.com with a copy to Thomas J. Nehilla, Esquire, Rhoads & Sinon LLP, One South Market Square, P.O. Box 1146, Harrisburg, Pennsylvania 17108- 1146, email address of tnehilla@roads-sinon.com. Notice to the Purchaser shall be sent to Empire Homes, LLC, Empire Homes LLC, 9145 Guilford Road, Suite 100A, Columbia, Maryland 21046, Attention Jeffrey Kozero, with an email address of jkozero@comcast.net, with a copy to Christopher C. Tsien, Esq., 9145 Guilford Road, Suite 100A, Columbia, Maryland 21046, with an email address of christsien@verizon.net. Each Party shall be responsible to notify each other of any change of address. (b) Entire Agreement. Except to the extent that the Original Agreement and the Addendums have been mentioned in this Contract to provide for useful background information and history regarding the sale of the Property, this Contract contains the entire agreement between the parties regarding the subject matter of this Contract. There are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between them relating to this subject matter, other than as herein set forth. This Contract may not be modified orally or in any other manner than by an agreement in writing signed by all the parties or their respective successors in interest. This Contract maybe executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. (c) Survival. Except as otherwise provided for herein, the terms and provisions of this Contract shall not survive Closing and execution and delivery of the Deed. -9- (d) Partial Invalidity. If any term, covenant or condition of this Contract or its application to any person or circumstances shall be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be effected. (e) Governing Law. This Contract and the rights and liabilities of the parties shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. (f) Interpretation. The paragraph headings used in this Contract are for reference and convenience only and shall not enter into the interpretation of this Contract. If any date upon which actions is required under this Contract shall be a Saturday, Sunday or legal holiday, the date for such action shall be extended to the first regular business day after such a date which is not a Saturday, Sunday or legal holiday. The date of this Contract shall be the later of the dates (if different) upon which Purchaser or Seller executes this Contract. Once Purchaser and Seller exchange fully executed editions of this Contract, the later dates of execution shall be inserted in the initial paragraph of this Contract. (g) Binding Effect. This Contract shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of Seller and Purchaser, The liability of the persons constituting Seller (if more than one) shall be joint and several. (h) Risk of Loss Until execution and delivery of the Deed, the risk of loss or damage to the Property by fire or other casualty is assumed by Seller. (i) Condemnation. If, at or prior to the time of Closing, any significant portion of the Property shall be taken or condemned pursuant to any governmental or other power of eminent domain (as reasonably determined by the parties}, any written notice o f taking or condemnation is issued, or any condemnation proceeding are instituted, Purchaser shall have the right to terminate this Contractor proceed to Closing. If Purchaser terminates this Contract, the Seller and Purchaser shall be relieved of further liability under this Contract. If Purchaser elects to proceed to Closing, there shall be a reduction in the Purchase Price equal to the condemnation award paid to Seller. If Purchaser elects to proceed to Closing and the portion of the Property to be condemned has not yet been taken and paid for by the condemning authority, there shall be no abatement in the Purchase Price and Seller shall assign to Purchaser at the time of Closing all of Seller's right to any unpaid condemnation awards and Seller shall convey the entire Property to Purchaser. If Purchaser elects to proceed to Closing and the portion of the Property to be condemned has been taken and paid for by the condemning authority, there shall be an abatement in the Purchase Price for the amount paid by the condemning authority and Seller shall convey the remainder of the Property to Purchaser. -10- (j} Recordation of Contract. This Contract shall not be recorded in the Ofhce of the Recorder of Deeds or in any other office or place of public record and if Purchaser shall record this Contract or cause or permit the same to be recorded, Seller may elect to treat such as a breach of the Contract and rescind the same (k) Acknowledgment of Broker Relationship. The parties acknowledge that one of the principals of Purchaser is a licensed real estate salesman in the State of Maryland. (1) Attorney Fees. If either party brings an action under this Contract against the other party, the prevailing party shall be entitled to collect from the other party, and the other-party shall indemnify the prevailing party against, all reasonable attorneys' fees and costs incurred by the prevailing party in enforcing its rights and remedies under this Contract_ (m) Assignment. The Purchaser shall be permitted to assign this Contract io any entity, provided that the Purchaser remains Iiable for all obligations under the Contract and such entity is owned, in whole or in part, and managed on a day to day basis or controlled by the Purchaser andlor one or more principals of the Purchaser. Purchaser shall prompt{y provide the Seller with a copy of the assignment and assumption agreement executed by all parties, upon the Purchaser's assignment of this Contract. (n) Integration. This Contract with the attached Exhibits embodies the entire Contract of the parties relative to the subject matter contained herein. There are no customs, promises, terms, conditions or obligations referring to the subject matter or inducements leading to the execution hereof, other than those contained herein. The Exhibits are by this reference made part hereof. (o) Time of the Essence. The parties agree that time is of the essence in the performance of their respective obligations under this Contract. (p) Like-Kind Exchange. Some or alt of the Seller may undertake alike-kind exchange of the Property corder Section 103 i of the Internal Revenue Code in connection with the sale of the Property, If any of the Sellers elect to proceed with alike-kind exchange of the Properly, Purchaser shall cooperate with such Seller in the execution of documents necessary for such Seller to effectuate the like-kind exchange of the Property tinder Section 1031 of the Internal Revenue Code. The Purchaser shall not be required to incur any out-of-pocket expenses in connection with such cooperation. I1~1 WITNESS WHEREOF, the parties have signed, sealed and delivered these presents as their awn free act and f th ate first above written. WITNESS: ~ SELLER: ~~ ~ ° ~.~ (SEAL) Ge ugh~J' older, as Attomey-in-Fact -11- ,. >, , ~- , ~~~ for Mary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman) -'/ ~~ (SEAL) e ugh lder, as Attorney-in-fact for omas Michael Holder - ~ ~ (SEAL) r e Hu older, as Attorney-in-fact Maureen H. Ryan (formerly known as Maureen E. Holder) / ~ t~~ {SEAL) Ge Hug older, as Attorney-in-fact f r ariclaire H. Lombard (fonnerly known as Mariclaire H. Holder) /~ ~~~Z~.~ -(SEAL) Ge ugh older, as Attorney-in-fact f r ary Katherine Holder ,~i~, (SEAL) Gey~f Hugl~Holder, as Attoniey-in-fact f Mary Christine Holder -~ ~ i"~ {SEAL) o e Hu Holder, individ~ ally `? ~~ (SEAL) alter Shau Hol er, individually PURCHASER: EMPIRE HOMES,rLLC By: ~ Name: Title: Jr ~ ~fti- //I tit -12- for Mary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman) (SEAL) George Hugh Holder, as Attorney-in-fact for Thomas Michael Holder (SEAL) George Hugh Holder, as Attorney-in-fact for Maureen H. Ryan (formerly known as Maureen E. Holder) (SEAL) George Hugh Holder, as Attorney-in-fact for Mariclaire H. Lombard (formerly known as Mariclaire H. Holder) (SEAL) George Hugh Holder, as Attorney-in-fact for Mary Katherine Holder (SEAL) George Hugh Holder, as Attorney-in-fact for Mary Christine Holder George Hugh Holder, individually Walter Shaull Holder, individually PURCHASER: EMPIRE HOMES, LLC >3y: ~ ~/ Name: Title: ~ '1 Gi r''I/l C1~ ~' (SEAL) (SEAL) -12- SHAULL'~ By. -13- EXHIBIT "A" Schedule of Submissions -14- p 0 fD ~' r W r N r -> O tD W v T (ft .p W N r 0 ~ ; O U 7 V C t ii ~~^ ~ ~ ; ~~ O i C' ~ o ~ ~n' a n ~ a a ~ a a ~ ~ m 'Q m x m. ~ ( m ~T m . o v m m rn N T w ~ rn ~ co. N ~ ~ ~ ~:~ ~ ~ 7 ~I ~ ~1 v ~ Q ~D x w l ~ d ~ < ~ G fD• ~ ~ ~ i ' y '~ N 'o o n 3 ry• f N ~ c) N c'o' ~ c~ ~ n ° ~ ~ N ~' m ~' 3 o' ~ ~ ~ N - ~ 'O 'O v -o ~ a w m 7 ~ '~'" ~ N ~ 3'I H I( ' co ~ ^ N T. N N ~ 1 N __ .~J ~,.. _ .__ I I _ s Q1 a -1~ c fD , (J7 o. ^i I c A ilt a ^i c /C C17 a -i c SO (1r a -I c fD U1 a -i~ c LD -'~ a! ~~ o 7 O aI{I{ O ~ ~ O I o.~ ~ o ~ I CT a` f ~ O -~` a -n ~, -r a m a l A a ~ O Q ID o• ~ 'V Qt C,J`1 A ` ~ ..~ r 7 ~ ~ 7 d " `V V V ~ Co cp 07 N. OD W ~ N o W O W o Oo o ~ O Oo p Oo O: ao I Oi V. O v O, ~~: ' O v p V O V .p ~ ~ ~ . 1 ~ • ,z o m ~ 0 0 0 [ 0 I 0 i 0 T _. 'n ~ ~ ~ ~ 3 T 3 ~ z b r- m I (Q c ~ o ~ o V r a ~ 3 1 0 ~ ~ 0 W 0 "'~ 1 ' 0. 0 _. r ~ . ~ c ~ r ..~ fL r O ~ O 90 Ot O W ~ O OD _ O ~ +! O ~ Ott O Q7 LJ7 O ~ A O "~{ Vt O N ' I O V ~, t O V p O v = . _.. ........................................._._........................ ...........-.-- c m c 0 O n o m m ~ m rn < a - ~ ~ m ~ m O ~ N ~ N ... ...... ....... ... ........ ......_ . ...,...... ... ..... .. . O N H ~ N ~ O W .j tD F -J'1 r d ~ D . ~ :; : ~ L:.. 4¢. :~~ d L C 7 L C A c m 13 '! ~~'~'~' ~~,~ Tax Parcel No. 42-11-0274-028 r r u:r ~ r +;I~~ ! J ~~ Tax Parcel No. 42-11-0272-001 DEED THIS INDENTURE, made the Z s~day of o~ , in the year Two Thousand Four (2004). BETWEEN GEORGE HUGH HOLDER and WALTER SHAULL HOLDER, of Harrisburg, Pennsylvania, as Attorney-in-fact for MARY HOLDER HOLTZMAN (formerly known as MARY THERESA HOLDER and MARY THERESA HOLTZMA,1~, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN (formerly known as MAUREEN E. HOLDER), MARICLAIRE H. LOMBARD (formerly known as MARICLAIRE B. HOLDER), MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, and GEORGE HUGH HOLDER, individually, and WALTER SHAULL HOLDER, individually, as tenant in common of an equal undivided one-eighth (1/8) interest, hereinafter referred to as "Grantors" AND MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, and WALTER SHAULL HOLDER, tenants in common of an equal undivided one-eighth (1/8) interest, hereinafter referred to as "Grantees". WITNESSETH, That said Grantors, for and in consideration of the sum of One Dollar ($1.04}, lawful money of the United States of America, well and truly paid by the said Grantees to the said Grantors, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantees, their heirs and assigns, as tenants in common, an equal undivided one-sixth (1/6) interest and ownership in the following five (5) tracts of land situate in Upper Allen Township, Cumberland County, as follows, to wit: ALL THOSE CERTAIN five (5) tracts of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: s,zsaz.i BOOK 263 P1,CE~.C~Q Tract No: l BEGINNING at a point on the western right-of--way line of the Reading Company (P.H. & P. Branch) and at the southern line of lands now or formerly of Fred Glaize; thence along the said western right-of--way line of the Reading Company (P.H. & P. Branch), South thirty-two degrees, forty-two minutes West (S. 32° 42' W.), a distance of nine hundred thirty-one and ninety-one one- hundredths (931.91) feet to a point; thence by the same and by a curve to the right having a radius of five thousand six hundred eighty-nine and sixty one-hundredths (5,689.60) feet and a length of one thousand one hundred ninety-six and fifty-nine one-hundredths (1,196.59) feet to a post at the line of land known as "Fertility Farm"; thence by the line of land of the said "Fertility Farm", North sixty-one degrees, one minute West (N. 61° O1' W.), a distance of one thousand one hundred twenty-three and fifty-two one-hundredths (1,123.52) feet to a post at lands known as the "Camp Meeting Grounds"; thence by the line of land of the said "Camp Meeting Grounds", North sixty degrees, forty minutes West (N. 60° 40' W.), a distance of seven hundred ninety-four and seventy-seven one- hundredths (794.77) feet to a post at the line of lands now or formerly of Owen Hertzler; thence by the line of lands now or formerly of the said Owen Hertzler, North twenty-nine degrees, forty-eight minutes East (N. 29° 48' E.), a distance of seven hundred eight and seventy-one one-hundredths (708.71) feet to a point in the center of a public road (leading from Lisburn to Route 15); thence by the said public road, North eighty-nine degrees, fifty-five minutes West (N. 89° 55' W.), a distance of thirteen and twenty one-hundredths (13.20) feet to a point; thence by line of lands now or formerly of Mrs. Runk, North seventeen degrees, forty-seven minutes East (N. 17° 47' E.), a distance of three hundred fifty-six and fifty-six one-hundredths (356.Sb) feet to a post at the line of lands now or formerly of the said Fred Glaize; thence by the line of lands now or formerly of the said Fred Glaize, South seventy-four degrees, fifty-nine minutes East (S. 74° 59' E.), a distance of ninety-seven and fifty-two one-hundredths (97.52) feet to a post; thence by the same, North thirty degrees, two minutes East (N. 30° 02' E.), a distance of six hundred thirty-seven and sixty-two one-hundredths (637.62) feet to an oak tree; thence by the same, South seventy degrees, forty-nine minutes East (S. 70° 49' E.), a distance of two thousand two hundred thirty-one and thirty-six one-hundredths (2,231.36) feet to a point, being the point of BEGINNING. HAVING erected thereon a dwelling, barn and other out buildings. CONTAINING 91.627 Acres. 2 eooK 2b3 e~c~~.O91 Tract No. 2 BEGINNING at a point on the eastern right-of--way line of the Reading Company (P.H. & P. Branch), at the line of lands now or formerly of the Moser Estate; thence by the line of lands now or formerly of the said Moser Estate, South seventy degrees, forty-nine minutes East (S. 70° 49' E.), a distance of five hundred forty-seven and sixty-seven one-hundredths (547.6?) feet to a post; thence by the same, South forty-five degrees, fifty-three minutes West (S. 45° 53' W.), a distance of six hundred seventy-six and sixty-two one-hundredths (676.62) feet to a point; thence by the same, South forty-four degrees, fifty-nine minutes East (S. 44° 59' E.), a distance of seven hundred nineteen and twenty-nine one- hundredths (719.29) feet to a post; thence by the same, South forty-eight degrees, nineteen minutes East (S. 48° 19' E.), a distance of eight hundred five and eighty- three one-hundredths (805.83) feet to a post at the line of lands formerly of the W. C. Stealer Tract (Now part of "Fertility Farm"); thence by the line of lands known as "Fertility Farm", South sixty-eight degrees, fifty-four minutes West (S. 68° 54' W.), a distance of sixty-five and ninety-eight one-hundredths (65.98) feet to a point; thence by the same, South eighty-two degrees, nine minutes West (S. 82° 09' W.), a distance of one thousand six hundred ninety-five and eleven one- hundredths (1,695.11) feet to a post; thence by the same, North sixty degrees, twenty-six minutes West (N. 60° 26' W.), a distance of six hundred ninety-one and twenty-five one-hundredths (691.25) feet to the eastern right-of--way line of the Reading Company (P.H. & P. Branch) as aforesaid; thence by the said right- of-way line of the Reading Company (P.H. & P. Branch) and by a curve to the left having a radius of five thousand five hundred fourteen and ninety-four one- hundredths (5,514.94) feet and a length of one thousand three hundred one and three one-hundredths (1,301.03) feet to a point; thence by the same, North thirty- two degrees, forty-two minutes East (N. 32° 42' E.), a distance of seven hundred fifteen and twenty one-hundredths (715.20) feet to a point, being the place of BEGINNING. CONTAINING 45.673 Acres. Tract No. 3 BEGINNING at a post on the western right-of--way line of the Reading Company (P.H. & P. Branch) and at the southern line of lands of Tract No. 1 of lands known as "Locust Dale Farm", the same having been described above as Tract No. 1 and also being conveyed herein; thence by the said right-of--way line of the Reading Company (P.H. & P. Branch), South forty-six degrees, thirteen minutes West (S. 46° 13' W.), a distance of one thousand four hundred seventy- 3 BOOK 2Fj~ PAGf~,~~2 three and sixty one-hundredths (1,473.60) feet to a post at line of lands now or formerly of one Holder; thence by the same, North sixty-one degrees, twenty-nine minutes West (N. 61 ° 29' W.), a distance of eight hundred ninety and ninety-eight one-hundredths (890.98) feet to an oak tree; thence by the same, North twenty-two degrees, fifty-eight minutes West (N. 22° S8' W.}, a distance of one hundred sixty-four and eighty-one one-hundredths (164.81} feet to a post at a corner of lands known as the "Camp Meeting Grounds"; thence by the line of land of the said "Camp Meeting Grounds", North forty-three degrees, twenty-five minutes East (N. 43° 2S' E.), a distance of one thousand three hundred forty-three and eighty-five one-hundredths (1,343.85} feet to a post at the line of lands of the said Tract No. 1 of the said "Locust Dale Farm"; thence by the line of land of the said Tract No. 1 of the said "Locust Dale Farm", South sixty-one degrees, one minute East (S. 61 ° O1' E.), a distance of one thousand one hundred twenty-three and fifty-two one-hundredths (1,123.52) feet to a post, the place of BEGINNING. CONTAINING 34.938 Acres. Tract No. 4 (including a four (4) acre tract of land formerly of W. C. Stettler) BEGINNING at a point on the eastern right-of--way line of the Reading Company (P.H. & P. Branch) at the southern line of lands of Tract No. 2 of lands known as "Locust Dale Farm", the same having been described above as Tract No. 2 and also being conveyed herein; thence by the line of lands of the said "Locust Dale Farm", South sixty degrees, twenty-six minutes East (S. 60° 26' E.), a distance of six hundred ninety-one and twenty-five one-hundredths (691.25) feet to a post; thence by the same, North eighty-two degrees, 09 minutes East (N. 82° 09' E.), a distance of one thousand six hundred ninety-five and eleven one- hundredths (1,695.11} feet to a post; thence by the same, North sixty-eight degrees, fifty-four minutes East (N. 68° S4' E.), a distance of sixty-five and ninety-eight one-hundredths (65.98) feet to a post at the line of lands now or formerly of the Moser Estate; thence by the line of lands now or formerly of the said Moser Estate, South forty-eight degrees, twenty-eight minutes East (S. 48° 28' E.}, a distance of nine hundred seventy and forty-six one-hundredths (970.46) feet to a post at the line of lands now or formerly of David Klinedinst; thence by the line of lands now or formerly of the said David Klinedinst, South eighty degrees, six minutes West (S. 80° 06' W.), a distance of one thousand two hundred twenty and eighty-five one-hundredths (1,220.85) feet to a point in the center of a public road; thence by the said public road, South eighteen degrees, no minutes East (S. 18° 00' E.), a distance of three hundred ninety-seven and sixty one-hundredths (397.60) feet to the intersection of the said public road with Route No. 114; thence along the said Route No. 114, North sixty-nine degrees, six 4 BOOK ,`~~'~ PAGE~,~~~ minutes West (N. 69° 06' W.), a distance of three hundred three (303.00) feet to a point; thence by the lands now or formerly of the said David Klinedinst, South eleven degrees, fourteen minutes West (S. 11 ° 14' W.), a distance of three hundred ten and forty-six one-hundredths (310.46) feet to a post at the line of lands now or formerly of Stowey and Hench; thence by the line of lands of the said Stowey and Hench, South seventy-eight degrees, thirty-seven minutes West (S. 78° 37' W.), a distance of one thousand seven hundred twenty-seven and eighty-two one-hundredths (1,727.82) feet to an iron pipe; thence by lands now or formerly of Maude Fast and Charles Myers, North fifty-four degrees, fifty-four minutes West (N. S4° S4' W.}, a distance of three hundred forty-five and thirty- nine one-hundredths (345.39} feet to a point in the center of Route No. 114; thence by lands now or formerly of the said Myers, North sixty-one degrees, twenty-nine minutes West (N. 61 ° 29' W.}, a distance of nine hundred eighty- eight and nineteen one-hundredths (988.19) feet to a post at the eastern right-of- way line of the Reading Company (P.H. & P. Branch); thence by the said right-of- way line of the said Reading Company (P.H. & P. Branch), North forty-six degrees, thirteen minutes East (N. 46° 13' E.), a distance of one thousand six hundred fifty-three and twenty-three one-hundredths (1,653.23) feet to a point, being the place of BEGINNIlVG. HAVING erected thereon a dwelling, barn and other outbuildings. CONTAIlVING 100.924 Acres. Tract No. 5 BEGINNING at a point in the roadway leading from the main Highway into the property herein described, which point is the corner of lands now or formerly of the J. J. Dull Estate and of Maude N. Fast; thence by the line of lands now or formerly of the said Maude N. Fast, South sixteen and one-half degrees East (S. 16 % E.), a distance of thirty and nine-tenths (30.9) perches to a post; thence by the line of lands now or formerly of one Nauman, North eighty-nine and one-half degrees East (N. 89 % E.), a distance of ninety-six and five-tenths (96.5) perches to a post; thence by the line of lands now or formerly of the First Bank and Trust Company of Mechanicsburg, North four degrees East (N. 4° E.}, a distance of fifty-eight and one-tenth (58.1) perches to a post; thence by the line of lands now or formerly of the said J. J. Dull Estate, South seventy-four degrees West (S. 74° W.), a distance of one hundred four and two-tenths (104.2) perches to a pipe in the lane, being the point of BEGINNING. S BGOK `~6~ PAGE,~.~9~ CONTAINING twenty-one (21) Acres and one hundred fifty-five (155) Perches, strict measure. TOGETHER WITH the right to use the existing private road extending southwardly from the Lisburn Road and along the line of lands now or formerly of the said J. J. Dull Estate and of the said Maude N. Fast to the lands hereinabove described as Tract No. 5 for the purposes of ingress, egress and regress. BEING the same 1196' interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 27, 1971, and recorded December 30, 1971, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book K, Volume 24, Page 972, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 12, 1972 and recorded December 21, 1972, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y, Vol. 24, Page 367, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Haider, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr. by his Deed dated November 6, 1973 and recorded November 20, 1973, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K, Vol. 25, Page 836, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 30, 1974 and recorded December 31, 1974, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book X, Vol. 25, Page 304, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. 6 800K~~03 PACE~.Ogtr? BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaul!, Jr., by his Deed dated December 22, 1975 and recorded December 24, 1975, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book J, Vol. 26, Page 740, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 29, 1976 and recorded on December 30, 1976, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y, Vol. 26, Page 748, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 27, 1977 and recorded on December 29, 1977, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book O, Vol. 27, Page 975, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1/212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 27, 1978 and recorded on December 28, 1978, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book F, Vol. 28, Page 424, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided' 1!212 interest and ownership in the entire properly which Walter H. Shaull, Jr., by his Deed dated December 20, 1979 and recorded on December 28, 1979, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book U, Vol. 28, Page 597, granted and conveyed unto George Hugh Holder, Walter Shaul! Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. 7 BOOK ;~~~ PAGE~,„Q3~j BEING the same undivided 11212 interest and ownership in the entire property which Walter H. Shaul!, Jr., by his Deed dated December 10, 1980 and recorded on December 17, 1980, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book G, Vol. 29, Page 32, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 1!212 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated December 21, 1981 and recorded on December 30, 1981, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Q, Vol. 29, Page 611, granted and conveyed unto George Hugh Holder, Walter Shaul! Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen H. Ryan, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 6.25/1272 interest and ownership in the entire property which Walter H. Shaull, Jr., by his Deed dated August 20, 1986 and recorded on August 27, 1986, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book D, Vol. 32, Page 218, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 2/212 interest in ownership in the entire property which Mary Shaull Holder and George H. Holder, her husband, by their Deed dated December 12, 1972, recorded December 21, 1972, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book Y, Vol. 24, Page 360, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 2/212 interest in ownership in the entire property which Mary Shaull Holder and George H. Holder, her husband, by their Deed dated November 6, 1973, recorded November 20, 1973, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book K, Vol. 25, Page 829, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BOOK ~~~ PAGE~.~`9'~ BEING the same undivided 2/212 interest in ownership in the entire property which Mary Shaul! Holder and George H. Halder, her husband, by their Deed dated December 30, 1974, recorded December 31, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X, Vol. 25, Page 297, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 2/212 interest in ownership in the entire property which Mary Shaull Holder and George H. Holder, her husband, by their Deed dated December 22, 1975, recorded December 24, 1975, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book J, Vol. 26, Page 724, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 2!212 interest in ownership in the entire property which Mary Shaull Holder and George H. Holder, her husband, by their Deed dated December 29, 1976, recorded December 30, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book Y~, Vol. 26, Page 756, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire B. Holder, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. BEING the same undivided 19.5!1272 interest in ownership in the entire property which Mary Shaull Holder and George H. Holder, her husband, by their Deed dated October 12, 1987, recorded October 29, 1987, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book A, Vol. 33, Page 124, granted and conveyed unto George Hugh Holder, Walter Shaull Holder, Mary Theresa Holder, Thomas Michael Holder, Maureen E. Holder, Mariclaire H. Lombard, Mary Christine Holder, and Mary Katherine Holder, Grantors herein. SUBJECT to all rights of way, easements, and other Agreements of record, and subject to all rights of way, easements and restrictions apparent on the ground. 9 900K Gs~ PACE,~,~j98 FURTHER UNDER AND SUBJECT to zoning regulations, ordinances, easements; building and other restrictions, privileges and rights of public service companies, rights of way, reservations, and protective covenants of record and those visible on the subject premises, and subject to all agreements or like matters of record or visible on the premises, and subject to all rights and ownership in the public in roads, streets and highways, whether or not opened. TOGETHER with all and singulaz the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of the said Grantors, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said parcels or tracts of land, above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns forever. AND the said Grantors, for themselves, their heirs and assigns do covenant, promise and agree, to and with the said Grantees, their heirs and assigns, by these presents, that the said Grantors, and their heirs and assigns, all and singular the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances unto the said Grantees, -their heirs and assigns, against the said Grantors, their heirs and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, Shall and Will, subject as aforesaid, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said Grantors, have caused this Deed to be executed the day and year first above written. WITNESS: GRANTORS: (SEAL) Geo ugh older, asAttorney-in-fact for Mary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman) 10 BOUT( ~~~ PAGE~.Id9~ ,, ..>~ / ~~~~~„~ ~ Pr;~ ' ' ~ (SEAL} Geo Hu Holder, as Attorney-in-fact for omas Michael Holder ~ (SEAL) eo ugh older, as Attorney-in-fact for aureen H. Ryan (formerly known as Maureen E. Holder) ~ (SEAL) eor ugh older, as Attorney-in-fact for Mariclaire H. Lombard (formerly known as Mariclaire B. Holder) ~-!/1 (SEAL) Ge g ugh older, as Attorney-in-fact for ary Katherine Holder (SEAL) G ore ugh older, as Attorney-in-fact for ary Christine Holder ~~ (SEAL) Geor u older, individually ~EAL) Walter Shaull Holder, ndividually 11 BQOK ~s~ PAGE~.i~'Q COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~~-~~~ ) On this .2v~ day of r~. , 2004, before me, a Notary Public, the undersigned officer, personally appeared George ugh Holder, as attorney-in-fact for Mary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman), Thomas Michael Holder, Maureen H. Ryan (formerly known as Maureen E. Holder), Mariclaire H. Lombard (formerly known as Mariclaire B. Holder), Mary Katherine Holder, and Mary Christine Holder, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLV COUNTY OF ~~ My Commission Expires: q I.Z~',~€9Q(o NOTARIAL SEAL (SEAL) AOBERT J. CAMPBELL, Notary Public Newport, Perry County ~~ ) My CommJssion Expires Sept. 25, 2006 SS: On this -~ day of r~a-"~ , 2004, before me, a Notary Public, the undersigned officer, personally appeared George Hugh Holder, individually, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my and and notarial seal. ~~~ Notary P lic My Commission Expires: ~ ~~ /~ Q -~r-- NOTARIALSEAL R09ERT J. CAfJ{PBELL, Notary Public Newport, Ferry County My Commission Cx~~res c^pt. 25, 2005 BOOK `~~~ PAGFj,~.~i~. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF I~~-~,/ ) On this ~ day of _ ~~ , 2004, before me, a Notary Public, the undersigned officer, personally appeared Walter Shaull Holder, individually, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. "~' IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Puh~~> _ My Commission Ex fires: 9 ~.~,~~~~ NOTARIAL SEAL (SEAL) ROBERT J. CAMPBELL, Notary Publ'~c Newport, Perry County My Commission Expires Sept. 25, 2006 CERTIFICATE OF I, hereby certify that the piecise residence of the Grante s erein is as follows: r / 02/ ~ ~^" ~w~- ~ ~ ~'~~ Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) RECORDED in the Office of the Recorder of Deeds, in and for said County, in Record Book ,Page WITNESS my hand d fficial seal this r '~erti~y this is ~:~~~ re~or ~ . ~n Cumbr?r1~~"~~ ~-,~~1~tY PA .. ~.. ~., .~~i , t .'`,a ~;,;r~ 1~...CCC3rC~~r O~~e~C'iS day of , 2004. Recorder of Deeds 13 BOOK ~~ PAC~~;~.0~ ~, , ' ~~r- . „ ,- r c ' t~'i f UG 2 0~1 10 2 6 DEED Tax Parcel No. 42-11-0274-028 i~~ THIS INDENTURE, made the ~ day of Jk ~~+, in the year Two Thousand Four (2004). BETWEEN GEORGE HUGH HOLDER and WALTER SHAULL HOLDER, of Harrisburg, Pennsylvania, as Attorney-in-fact for MARY HOLDER HOLTZMAN (formerly known as MARY THERESA HOLDER and MARY THERESA HOLTZMAN), THOMAS MICHAEL HOLDER, MAUREEN H. RYAN (formerly known as MAUREEN E. HOLDER), MARICLAIRE H. LOMBARD (formerly known as MARICLAIRE B. HOLDER), MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, and GEORGE HUGH HOLDER, individually, and WALTER SHAULL. HOLDER, individually, each as atenant-in-common of an equal undivided one- eighth (1/8) interest, hereinafter referred to as "Grantors" AND MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHER{NE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, and WALTER SHAULL HOLDER, each as atenant-in-common of an equal undivided one-eighth (1/8) interest, hereinafter referred to as "Grantees". WITNESSETH, That said Grantors, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, well and truly paid by the said Grantees to the said Grantors, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, self, alien, enfeoff, release, convey and confirm unto each of the said Grantees, their heirs and assigns, atenant-in-common interest, equal to an undivided one-eighth (118) interest and ownership in-the following tract of land situate in Upper Allen Township, Cumberland County, as follows, to wit: ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at lands of Allenview, Inc., said point being a distance of 610.71 feet south of a concrete monument on the south side of Hertzler Road; thence by other land of the Shaull-Holder Farm South 63° 35' 17" East a distance of 875.38 feet to a point; thence by same, South 40° 48' 46" West a distance of 1461.95 feet to a point at land of Milfred Corp.; thence same North 25° 27' 31" West a distance of 68.82 feet to an iron pin at land of Allenview, Inc.; thence by same, North 23° 21' 38" West a distance of 642.50 feet to an iron pin; thence by same, North 28° 22' 37" East a distance of 959.14 feet to the place of BEGINNING. 52158?.1 - l)OOa. ~~~ P~cr 2297 CONTAINING 20.412 acres, more or less, and formerly known as the "Camp Meeting Grounds." BEING the same premises which were awarded to Plaintiffs by Court Order in an Action to Quiet Title to No. 3170 Civil 1983 Law in the Court of Common Pleas recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book P, Vol. 30, Page 806, on April 3, 1984. The Plaintiffs in the matter were Mary Shaull Holder, George Hugh Holder, Walter S. Hofder, Mary T. Holder, Thomas M. Holder, Maureen Holder Ryan, Mariclaire Holder Lombard, Mary Christine Holder, Mary Katherine Holder, and Walter H. Shaull, Jr. ALSO BEING an undivided 1/10 interest and ownership which Walter H. Shaull, Jr., by his Deed dated December 8, 1987 and recorded December 10, 1987 in the Office of the Recorder of Deeds in and for Cumberland County in Book C, Vol. 33, Page 55, granted and conveyed to each of the following an equal 1/80 tenant in common interest: George Hugh Holder, Walter Shaull Holder, Mary Theresa Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclare H. Lombard, Mary Christine Holder, and Mary Katherine Holder. ALSO BEING an undivided 1/10 interest and ownership which Mary Shaull Hofder and George H. Holder, her husband, by their Deed dated December 8, 1987 and recorded December 10, 1987 in the Office of the Recorder of Deeds in and for Cumberland County in Book C, Vol. 33, Page 50, granted and conveyed to each of the following an equal 1/80 tenant in common interest: George Hugh Holder, Walter Shaull Holder, Mary Theresa Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclare H. Lombard, Mary Christine Holder, and Mary Katherine Holder. SUBJECT to all rights of way, easements, and other Agreements of record, .and subject to all rights of way, easements and restrictions apparent on the ground. FURTHER UNDER AND SUBJECT to zoning regulations, ordinances, easements, building and other restrictions, privileges and rights of public service companies, rights of way, reservations, and protective covenants of record and those visible on the subject premises, and subject to all agreements or like matters of record or visible on the premises, and subject to ali rights and ownership in the public in roads, streets and highways, whether or not opened. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the lioolc 264 Pac1:2298 estate, right, title, interest, property, claim and demand whatsoever, of the said Grantors, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said parcels or tracts of land, above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns forever. AND the said Grantors, for themselves, their heirs and assigns do covenant, promise and agree, to and with the said Grantees, their heirs and assigns, by these presents, that the said Grantors, and their heirs and assigns, all and singular the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances unto the said Grantees, their heirs and assigns, against the said Grantors, their heirs and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, Shall and Will, subject as aforesaid, by these presents, WARRANT AND FOREVER DEFEND. [Intentionally left blank] 3 cool{ 264 PACI:229~ 1N WITNESS WHEREOF, the said Grantors, have caused this Deed to be executed the day and year first above written. WITNESS: r \_~~ ~? c ~-- __ GRANTORS: .. ~ ~1-s (SEAL) Ge Hug older, as Attorney-in-fact for ary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman) pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Book 708, Page 2886 7 ~~'1 (SEAL) Geo Hugh older, as Attorney-in-fact fo homas Michael Holder pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Book 708, Pa a 2886 ~~ I /~~ (SEAL) Geor a ugh Ider, as Attorney-in-fact for ureen H. Ryan (formerly known as Maureen E. Holder) pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Book 708, Page 2886 ~ -~-~~ (SEAL) Geor a ugh Ider, as Attorney-in-fact for riclaire H. Lombard (formerly known as Mariclaire B. Holder) pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Book 708, Page 2886 / Q ~'/-r'~-1~ (SEAL) Geor a gh H der, as Attorney-in-fact for M Katherine Holder pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Baok 708, Page 2886 4 BOOK 2fi4 PAGE23Qfl •r' ~ 6~ ~ C `~ •~~ ~~' (SEAL) Geo ugh older, as Attorney-in-fact for ry Christine Holder pursuant to a Power of Attorney recorded in Cumberland County Recorder of Deeds Office in Book 708, Page 2886 SEAL) SEAL) boas 264 PrcE23Qs COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~~-~- ) SS: ~- ) On this ~~ day of ~~ ~y 2004, .before me, a Notary Public, the undersigned officer, personally appeared George Hugh Holder, as attorney-in-fact for Mary Holder Holtzman (formerly known as Mary Theresa Holder and Mary Theresa Holtzman), Thomas Michael Holder, Maureen H. Ryan {formerly known as Maureen E. Holder), Mariclaire H. Lombard (formerly known as Mariclaire B. Holder), Mary Katherine Holder, and Mary Christine Holder, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set my h nd and notarial seal. Notary Pu is COMMONWEALTH OF PENNSYLVANIA COUNTY OF My Commission Expires: $~ .ZS ,Zo NOTARIAL SEAL (SEAL) ROBERT J. CAMPBELL, Notary Public Newport, Perry County My Commission Expires Sept. 25, 2006 SS: On this ~ day of .l ~ ~ 2004, before me, a Notary Public, the undersigned officer, personally appeare George Hugh Holder, individually, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my h nd and notarial seal. Notary Pub My Commission Expires: ~'~ ~.5~'~op~ (SEAL) NOTARIAL SEAL ROBERT J. CAMPBELL, Notary Public Newport, Perry County My Commission Expires Sepl. 25, 2006 :r ROOK ,2~~ PACE~3Q~ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~ ) On this ~~. day of ~v ~ 2004, before me, a Notary Public, the undersigned officer, personally appeare Walter Shaull Holder, individuaNy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Pu fi r My Comm' Ex ir~es:~ -f-O~ -~-a ~ `~ `~ NOTARIAL SEAL ~~. ~~. (SEAL) R013ERT J. CAMPBELL, Notary Public Newport, Perry County ~~~, M Com ' sion Expires Sept. 25, 200 ;~,, . CERTIFICATE OF RE ~~ ,. ~ .. I, hereby certify that the precis residence of the Grantees herein is as follows: '`~~~J'x'~`'•`,~~~'l.'~~% !~a •~'rrbH ~ ~ /da l 7 tam Attorney for Gra ees COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND SS: RECORDED in the Office of the Recorder of Deeds, in and for said County, in Record Book ,Page WITNESS my hand and official seal this day of , 2004. Recorder of Deeds ': ~ -. ~ : ~ : ~ ~i pis ~~ be recorclcd ~;; (.~~~r~~oe,•land County PA o~~E ..t'?'~.ll; --~--' I:ecorder Of .Deeds ~- aoox 264 Pacf2303 C i^ 1t11O111JS f{llr &SINONLLP August 30, 2007 VIA FEDERAL EXPRESS AND E' MAIL - JkOZeTO@COmCaSt.riet Empire Homes, LLC Shaun's Choice Development, LLC 9145 Guilford Road, Suite 100A Columbia, MD 21046 Attention: Mr. Jeffrey Kozero Thomas J. Nehilla ph (717) 23 ] -6630 fx (717) 231-6676 tnehilla@rhoads-sinon.com FILE NO: 809701 Re: Amended. and Restated Real Estate Sales Contract Dear 3eff: As you know, under paragraph 8 -Conditions of Closing - of the Amended and Restated Real Estate Sales Contract dated July 24, 2007, by and between the Holder family and Empire Homes, LLC and Shaun's Choice Development, LLC ("you" or the "Purchaser"), the Purchaser was required to obtain an absolute and firm commitment letter from a lending institution committing to provide the Purchaser with financing in an amount of no less than 65% of the total purchase price of the Property by August 30, 2007. Based on your email of late last week and since we have not received any communication from you indicating that the commitment letter has been received, the financing condition has not been met within that time period. Since the financing commitment has not been obtained and it does not seem likely that you will be able to obtain the necessary financing any time soon, the Holder family is declaring an event of default under the Agreement, as permitted by paragraph 8. As you know, the Holder family was very hopeful that you would be able to successfully settle under the Agreement and I think you will agree that they have given you every reasonable opportunity to permit you to be able to settle under the Agreement. The Holder family's decision to declare an event of default did not come lightly and was only made after it became apparent that you would not be able to proceed to settlement. As you know, the Holder family has other parties interested in purchasing the Property and feel that they need to move forward with those interests if the Property is going to be sold at any time in the near future. As a result of the declaration of an event of default, the Agreement is now terminated pursuant to the terms and conditions of paragraph 10 of the Agreement. Under that paragraph, the Holder family's remedies are limited to include retaining the $500,000 deposit and retaining all Engineering Documents (as defined in the Agreement). Additionally, the Agreement obligates you to continue to deliver to the Holder family any additional Engineering Documents that have been developed. I believed you previously indicated that a preliminary subdivision plan 661869. I Rhoads 6r Sinon LLP Attorneys at Law Twelfth Floor One South Market Square PO. Box 1146 Harrtsburg, PA 17108-1.146 t ph (717) 233-5731 • Jx (717) 232-1459 www.rhnarlc_cinnn ~~... August 30, 2007 Page 2 was about to be filed. You were going to provide us with a copy of that plan by disk. I have not yet received that disk and would appreciate if you could follow through and have the disk delivered. Furthermore, at this time, we would request that you provide us with a listing of any and all pending applications, plans, etc. that you have submitted to the Township. After our review of those documents, we may need you to either withdraw their submission or assign any and all rights to those submissions to the Holder family. Finally, under paragraph 10, you are also required to immediately pay to the Holder family an additional amount equal to $500,000, which amount is to be part of the Holder family's liquidated damages. Under the Agreement, if the additional deposit is not paid within five (5) days from the date of this letter, the Holder family has the right to proceed with obtaining a judgment against both Empire Homes, LLC and Shaull's Choice Development, LLC for such amount and is permitted to obtain that judgment through the power of confession of judgment provided for in the Agreement. If the additional deposit is not received within five (5) days of this notice, the Holder family will proceed with that additional right. As I.indicated, the Holder family was hopeful that they would be able to proceed to settlement with you. Although that did not happen, we wish you the best of luck. Finally, since you indicated to me in your August 21, 2007 email that Chris Tsein is no longer your in-house counsel, I did not send him a copy of this letter, Very truly yours, IZI-TOADS & SINON LP By: Thomas J. Nehilla cc: Mr. George Holder Tom JNehilla/RandS Sent by: Deanna Taylor 08/30/2007 02:26 PM e~..''', ~ ~~. Kozero letter.pdf Tom Thomas J. Nehilla Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 231-6676 FAX tnehilla@rhoads-sinon.com www.rhoads-sinon.com To jkozero@comcast.net cc gholder@hersheyicecream.com bcc Subject Amended and Restated Real Estate Contract ,, • 4 Tom JNehilla/RandS Sent by: Deanna Taylor 08/30/2007 02:26 PM d~'! Kozero letter.pdf Tom Thomas J. Nehilla Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 1 71 08-1 1 46 (717) 233-5731 (717) 231-6676 FAX tnehilla@rhoads-sinon.com www.rhoads-sinon.com To jkozero@comcast.net cc gholder@hersheyicecream.com bcc Subject Amended and Restated Real Estate Contract ~7 ~ -{ +~r ~, ~ Y b m ~ -a ~ ~a ~ 0 fi w .a ~ i Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW EMPIRE HOMES, LLC, SHAULL'S NO. 08- aasi CHOICE DEVELOPMENT, LLC, Defendants PRAECIPE FOR ENTRY OF JUDGMENT To: The Prothonotary Civil ec"rvt Pursuant to the attached Entry of Judgment, please enter judgment in favor of the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder and against the Defendants Empire Homes, LLC and Shaun's x,505, ooo,oo Choice Development, LLC, and damages are assessed in the amount of ~~-6$, plus interest accruing at a per diem rate of $16.71, costs of collection, and reasonable attorneys' fees. A form of Entry of Judgment is attached. Dated: ~ ` ~ _ ~~ Respectfully submitted, RHOADS & SINON LLP By: Timo .Nieman, Esquire Thomas J. Nehilla, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, Walter Shaull Holder for all other purposes .. Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. EMPIRE HOMES, LLC, SHAULL'S CHOICE DEVELOPMENT, LLC, Defendants AND NOW, this day of ENTRY OF JUDGMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008, Judgment is hereby entered in favor of the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder, and against the Defendants, Empire Homes, LLC and Shaull's Choice Development, LLC, and damages are assessed in the amount of 505, ooo. o0 $~595;A3~-fr8', plus interest accruing at a per diem rate of $16.71, costs of collection, and reasonable attorneys' fees. Prothonotary -E~ ,Q? r' (~ r:~7 t-- t.::, _ ::_. ~ _~ ~_ ~ _ , ,;; r, ~ C_'~ i:. , ~ y. ~;:x 1. LAJ ,.... f Timothy J. Nieman, Esquire Attorney LD. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (?17)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMPIRE HOMES, LLC, SHAULL'S CHOICE DEVELOPMENT, LLC, Defendants CIVIL ACTION -LAW NO. ~- 020251 Ctiv~ l -~Cerwr PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Timothy J. Nieman, Esquire and Thomas J. Nehilla, Esquire of Rhoads & Sinon LLP on behalf of Plaintiffs Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, and Walter Shaull Holder in the above-captioned matter for all purposes and on behalf of Defendants Empire Homes, LLC and Shaull's Choice Development, LLC, solely for the purpose of confessing ~ udgment. Dated: ~ ~ ~-og Respectfully submitted, BROADS & SINON LLP By~ Timothy J. Nieman, Esquire Thomas J. Nehilla, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 ~~ - c _ ~~ ~ -; , -a ~~•,~ - r' ~:.': a ., ~wa ~ -< - w. ~_ Timothy J. Nieman, Esquire Attorney T.D. No. 66024 Thomas J. Nehilla, Esquire Attorney LD. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, Plaintiffs v. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW EMPIRE HOMES, LLC, SHAULL'S NO. CHOICE DEVELOPMENT, LLC, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THERETO Notice of Defendant's Rights To: Empire Homes, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 Shaull's Choice Development, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 ~, 5b5, ooo. o0 A judgment in the amount of $~A3;4~-~8-plus accruing interest from the date of judgment in a per diem amount of $16.71, attorneys' fees and costs of collection, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly L signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 or (717) 249-3166 Respectfully submitted, RHOADS & SINON LLP Dated: ~~~~ By: Timothy J. Nieman, Esquire Thomas J. Nehilla, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for the Plaintiffs, Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder, Walter Shaun Holder for all other purposes ~ ~~~E` ~ "T ~ ~ ~ tf~ ~ ~ ,C1 d .~ =t] -~=t-t, .::- a - ~ ..._ a ~4 ~~.~ a _V, ~ 4 i J - ~.f ~ t..~ t..} ,t:.y -u \ ~f j „,~ Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Thomas J. Nehilla, Esquire Attorney I.D. No. 76326 BROADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs MARY HOLDER HOLTZMAN, THOMAS MICHAEL HOLDER, MAUREEN H. RYAN, MARICLAIRE H. LOMBARD, MARY KATHERINE HOLDER, MARY CHRISTINE HOLDER, GEORGE HUGH HOLDER, WALTER SHAULL HOLDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. EMPIRE HOMES, LLC, SHAULL'S CHOICE DEVELOPMENT, LLC, CIVIL ACTION -LAW NO. ~~- oZaZ,S~ ~iVi~ ~eC~ Defendants RULE 236 NOTICE OF ENTRY OF CONFESSED JUDGMENT To: Empire Homes, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 Shaull's Choice Development, LLC 9145 Guilford Road Suite 100A Columbia, Maryland, 21046 You are hereby notified that on A~r.~ l -~(~, 2008, judgment by confession 5p5 000 . oc was entered against you as follows: in the amount of $~9-5;83-1-f~, plus interest accruing at a per diem rate of $16.71, costs of collection, and reasonable attorneys' fees. Attached hereto are copies of all documents filed with the Prothonotary in support of the confession of judgment. Date: ~~ P thonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 or (717) 249-3166