HomeMy WebLinkAbout08-4067
RSR REALTORSO, LLC,
3 Lemoyne Drive -Suite 100
Lemoyne, PA 17043
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GREEN RIDGE LEASING, LLC, NO. -7
6375 Baseshore Road
Mechanicsburg, PA 17050
COMMERCIAL REAL ESTATE BROKER LIEN
Claimant, RSR REALTORSO, LLC, a Pennsylvania Limited Liability Company, files
this lien against Green Ridge Leasing, LLC, owner or reputed owner of the property hereinafter
described to ensure payment of a commercial real estate brokerage commission in the amount of
Ninety-Two Thousand Five Hundred Dollars ($92,500.00) for brokerage services rendered in
accordance with the terms of a written listing agreement of August 2, 2007.
1. The name of the Claimant is RSR REALTORSO, LLC.
2. The name of the owner or reputed owner is Green Ridge Leasing, LLC.
3. The aforementioned real estate brokerage services were provided with regard to
the property known as 6375 Baseshore Road, Mechanicsburg, Hampden Township, Cumberland
County, Pennsylvania being further described as follows:
a. All the property and improvements located at 6375 Baseshore Road,
Mechanicsburg, Pennsylvania 17050.
b. Assessment Parcel No. 10-20-1838-028E.
C. Recorded in Cumberland County.
4. The services performed were in accordance with a written listing agreement of
August 2, 2007, a copy of which is attached hereto and marked Exhibit "A".
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5. The nature and kind of services performed were commercial real estate brokerage
services in accordance with the terms of the contract appended hereto.
6. During the term of the written listing agreement RSR REALTORS®, LLC,
procured for the owner a ready, willing, and able purchaser to purchase said parcel, per the
listing agreement.
7. The amount of commission chargeable against the parcel heretofore referred is
Ninety-Two Thousand Five Hundred Dollars ($92,500.00), being the minimum commission that
shall be due and payable to RSR REALTORS®, LLC .
8. This lien is claimed for from the date of filing and against the fee simple interest
of the owner of the aforesaid parcel.
9. Claimant, RSR REALTORS®, LLC, has sent, via certified mail, notice of the
filing of this lien to the owner as well as to the property's perspective purchaser, 2087 Market
Street, LLC, a copy of Notice is attached hereto as Exhibit "B".
10. RSR REALTORS®, LLC is a duly licensed real estate broker in Pennsylvania,
License No. RB043231P.
11. Section 10 of the Commercial Real Estate Broker Lien Act states as follows:
"Except as otherwise provided in this section, whenever a claim for
lien as has been filed with the prothonotary that would prevent the
closing of a transaction or conveyance, an escrow account shall be
established for the proceeds from the transaction or conveyance in
an amount this is sufficient to release the claim for lien. The
requirement to establish an escrow account shall not be cause for
any party to close the transaction. These moneys shall be held in
escrow until the parties' rights to the escrow money have been
determined by written agreement of the parties, a court of law or
other process as may be agreed to by the parties. Upon funds in
the amount of the claimed lien being escrowed, a release of the
claim for lien shall be provided by the broker who is claiming the
lien. The parties are not required to follow this escrow procedure
if alternative procedures which would allow the transaction to close
are available and are acceptable to the broker in the transaction."
Respectfully submitted:
Date: July 8, 2008
CALDWELL & KEARNS
mes L. GoldsIT squire
Attorney I.D. Nu er 27115
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Claimant
07161-002/135048
LISTING CONTRACT XLS-C
EXCLUSIVE RIGHT TO SELL AND/OR LEASE COMMERCIAL PROPERTY
This form recommended and approved fop but not restricted to use vy. the members of the Pennsvivania Association of REALTORS® (PAR:.
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BROKER (Company)
LICENSEES
OWNER . , r
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L PROPERTY - =
A. Address f.
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Municipality k, : >~ s County PA s
Tax Identification Number g l 7
Deed Book _ Page a
Zoniij Classification & Present Use i°I4 ; s -. "' ' . r•'- ?
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? A legal description or a description of the Property is attached to this Contract. 11
B. Inclusions: Included with the Property are items listed here or ? listed in a property description sheet attached: 12
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C. Exclusions: Excluded from the Property are items and leased equipment listed here or ? listed in a property description 15
sheet attached: 16
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2. STARTING & ENDING DATES OF THIS CONTRACT (Also called "Term") is
A. "Term" will mean the duration of this Contract, including mutually agreed upon renewals or extensions. The term of this 19
Contract has been determined as a result of negotiations between Broker and Owner and has not been established or rec- 20
ommended by any Association of REALTORS®, or by any other organization or individual. 21
B. Starting Date: This Contract starts when signed and dated by Broker and Owner, unless otherwise stated here: 22
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C. Ending Date: This Contract ends on
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D. If Owner enters into an agreement (sale or lease) that would entitle Broker to a fee, and the sale or lease does not take place, 28
the term of this Contract will be extended by the number of days from the execution of the sale or lease agreement to the 29
date when the sale or lease agreement is terminated and Owner is again able to convey by free and clear title. The term of 30
the Contract will not extend more than a year beyond the original Starting Date of this Contract. 31
3. LISTED PRICE AND TERMS 32
A. Owner is hiring Broker to negotiate the following tyke of transaction regarding the disposition of the Property: 33
A sale, for the following price and terms:
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or any other price and terms agreeable to Owner. 37
? A lease, or other tenancy, for the following price and terms described here, or by ? an exhibittaddendum outlining 3a
lease terms that is attached as part of this Contract, or any other price and terms agreeable to Owner: 39
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B. Marketing Expenses will be paid as follows:, • + ' ''°'' f fp: • 4 `..•- 42
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4. BROKER'S DUTY
A. Broker is engaged as Owner's sole and exclusive Agent to represent Owner (as described in the Consumer Notice), to mar- 45
ket the Property, and to procure buyers and/or tenants for the Property. Broker will use reasonable diligence and care to 46
procure buyers and/or tenants for the Property. 47
B. Broker will not, unless otherwise agreed to in a separate, written agreement, provide management, repair, collection, legal, 48
tax, or other services. 49
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5o Owner Initials: r XLS-C Page 1 of 5 Broker/Licensee Initials: ` so
?? I Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OFREALTORS® 12005
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5. OWNER'S DUTY
A. Owner will cooperate with Broker to facilitate the sale and/or lease of the Property.
E. All showings, negotiations and discussions. about the sale, lease. or other tenancy ofthe Property will be done by Broke-
on Owner's behalf All written or oral inquires that Owner receives or learns of regarding the Property, regardless of the
source, will be referred to Broker.
Withir days of the Starting Date of this Contract, Owner will provide to Broke::
Conies of all leases, subleases, rentai agreements, option rights, rights of first refusal, rights of first offer, or other aoc
uments containing any other limitations on Owner's ability to finalize a sale or lease of the Property.
2. If available to Owner, copies of building plans, inspection reports, and environmental surveys. If the transaction is a
sale, Owner will also deliver to Broker, within days of the Starting Date of this Contract, available title reports,
boundary surveys, and existing notes and mortgages that may continue to affect the Property after settlement.
D. Owner will not permit any real estate signs, other than those belonging to Broker, to be placed on the Property during the
term of this Contract.
6. BROKER'S FEE
A. The Broker's Fee has been determined as oa result of negotiations between Broker and Owner and has not been established
or recommended by any Association of REALTORS®, or by any other organization or individual.
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ro er s Fee m the case of a sale will be Pala as .follows: 67
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C. Broker's Fee in the case of a lease will.be paid as follows:
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7. BROKER'S COOPERATION/AGENCY POLICIES
Licensee has explained Broker's company policies about cooperating with other brokers. If another company successfully
brings a buyer/tenant to the Property, Broker and Owner agree that Broker will pay from Broker's Fee:
A. A fee to another broker who represents the Owner (SUBAGENT).
? Yes ANo If Yes, amount: of/from the sale price.
B. A fee to another broker who represents the Buyer/Tenant (BUYER'S AGENT). A Buyer's Agent, even if compen-
sated by Broker for Seller, will represent the interests 9f the buyer.
gYes ? No If Yes, amount:1,? .. °`l of/from the sale price.
C. A fee to another broker who does not represent either the Owner or a buyer (TRANSACTION LICENSEE).
? Yes gYo If Yes, amount: of/from the sale price.
8. PAYMENT OVBROKER'S FEE
A. , Owner will pay Broker's Fee if the Property, or any ownership interest in it, is sold, leased, or exchanged at the listed
price or any price acceptable to Owner, during the term of this Contract, by Broker, Licensee, Owner, or by any
other person or broker.
B. Owner will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale, lease or
other tenancy.
C. In the case of a sale, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest. If
the transaction involves an installment contract, then Broker's Fee will be paid upon the execution of the installment con-
tract. In the case of a lease, Broker's Fee will be paid on execution of a lease by Owner and a tenant.
D. Owner will pay Broker's Fee in United States currency.. If Owner fails to pay Broker any amount when due under this
Contract, then the amount owed will bear interest at the rate of 15 percent per year.
E. Owner will pay Broker's Fee after the Ending Date of this Contract IF: f ., a
1. The Property is sold, leased, or exchanged in whole or in part within days of the Ending Date, AND
2. The Property was presented to buyer/tenant, or buyer/tenant negotiated to buy or lease the Property, during the term of this
Contract. Owner will not owe Broker's Fee under the provisions of this paragraph 8(E) if, after the expiration of this
Contract, Owner has entered into an exclusive right to sell or lease contract for the Property with another broker at the time
of the sale.
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1o7 Owner Initials: /Bier 't XLS-C Page 2 of 5 Broker/Licensee Initials: ' ° 107
10& 9. ADDITIONAL PAYMENT PROVISIONS 108
169 A. If: W
11e 1. A lease term is renewed, extended, or a new lease agreement is executed with the same tenant, or there is anv othe, cor,- >>'
11' tinued tenancy, AND/OR 11
112 ?'. Buyer/tenant occupies-additional space or relocates to other space of Owner's, then Owner will pay the Brokers Fee 11.
11S in paragraph 6(C). Broker's Fee will be earned at the time the extended term begins or the additional space is occupies. 11c
'1; L. I fa buver/tenant under a lease for which a Broker's Fee is payable under this Contract, its successors or assigns. o- any
1r- agent, officer, emplovee or shareholder of a buyer/tenant purchases the Property, whether strictly in accordance with, the 1
116 terms of any option, right of first refusal, similar right or otherwise during the term of the lease, any extension thereof, or 116
117 within days after the expiration thereof, then Owner will pay the Broker's Fee in paragraph 6(B). 117
116 C. If a lease for which a Broker's Fee is payable contains a percentage rent clause, Owner will pay Broker's Fee on the per= 116
119 centage rent payable by the buyer/tenant at the rate applicable to the period of the lease term for which the percentage rent 110
120 is payable. The Broker's Fee will be paid within 15 days after receipt of each buyer/tenant payment. 120
121 D. In the event Owner sells or otherwise disposes of Owner's interest in the Property, Owner must pay Broker's Fee as set 121
122 forth in this Contract or any other agreement of which it is a party. In this case, all payments will immediately become due 122
123 and payable in full prior to sale, including those fees otherwise payable over the term of any lease(s) or otherwise payable 123
124 in the future. 124
125 10. BROKER'S FEE IF SALE OR LEASE DOES NOT OCCUR 125
126 In the event of any of the following, Broker's Fee will be calculated on the listed price of the Property. Owner will pay Broker's 126
127 Fee when: 127
126 A. A ready, willing, and able buyer, or in the case of a lease or other tenancy, a ready, willing,.and able tenant, is found 126
129 by Broker or by anyone, including Owner. A willing buyer is one who will buy the Property at the price and terms stated 129
130 in this Contract, or at any other price and terms agreeable to Owner. A willing tenant is one who will lease the Property at 130
131 the price and terms stated in this Contract, or at any other price and terms agreeable -to Owner. 131
132 B. The Property, or any part of it, is taken by any government for public use (Eminent Domain) which makes the Property . 132
433 unmarketable in its total state as offered in this Contract. 133
134 C. The Property, or an interest in it, is voluntarily or involuntarily donated or transferred. 134
135 D. Owner is a partnership, joint venture, limited liability company, corporation, trust or other entity, and any interest in Owner 135
136 is voluntarily or involuntarily sold, contributed, conveyed, or transferred to another person or entity that, as of the date of 136
137 this Contract, does not have any, ownership interest in Owner. 137
136 E. Owner withdraws the Property from the market; acts as if the Property is not on the market; breaches, terminates or can- 136
139 I cels this Contract; causes or allows the Property to be made unmarketable or to be reduced in value; or fails to do the things 139
146 required of Owner in the Agreement of Sale or Lease. 140
141 11. BROKER'S FEE IN CASE OF BUYERITENANT DEFAULT 141
142 If a buyer/tenant enters into an Agreement of Sale or Lease, then refuses to buy or rent the Property, or if the buyer/tenant is 142
141 unable to buy or rent because of failing to do the things required of the buyer/tenant in the Agreement of Sale or Lease, Owner 143
144 will pay Broker:. 144
145 AaL of/from monies paid by buyer/tenant on account of the transaction, including, but not limited 145
145 to, extension fees, option payments, liquidated damages, judgments, etc., OR 146
147 B. Broker's Fee, whichever is less. 147
146 12. DUAL AGENCY 146
149 Owner agrees that Broker may also represent the buyer(s)/tenant(s) of the Property. Broker is a DUAL AGENT when repre- 149
150 senting both Owner and the buyer/tenant in the sale/lease of a property. 150
151 13. DESIGNATED AGENCY 151
152 Not Applicable. 152
153 ? Applicable. Broker may designate licensees to represent the separate interests of Owner and the buyer/tenant. Licensee 153
164 is the Designated Agent, who will act exclusively as the Agent for the Owner. If Property is introduced to the buyer/tenant 154
155 by a licensee in the Company who is not representing the buyer/tenant, then that licensee is authorized to work on behalf 155
156 of the Owner. If Licensee is also the Agent for the buyer/tenant, then Licensee is a DUAL AGENT. 156
157 14. BROKER'S SERVICES TO BUYER Broker may provide services to a buyer for which Broker may accept a fee. Such ser- 157
156 vices may include, but are not limited to: deed/document preparation; ordering certifications required for closing; financial ser- 156
159 vices; title transfer and preparation services; insurance, construction, repair, or inspection services. 159
160 15. OTHER PROPERTIES Owner agrees that Broker may list other properties for sale or rent, and that Broker may show other 160
161 properties to prospective buyers/tenants. 161
162 16. ADDITIONAL OFFERS Unless prohibited by Seller, if Broker is asked by a buyer or cooperating broker about the 162
163 existence of other offers on the Property, Broker will reveal the existence of other offers and whether they were obtained by 163
164 the Licensee identified in this Contract, by another Licensee working with Broker, or by a cooperating Broker. ONCE 164
165 SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 165
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Owner Initials: i XLS-C Page 3 of 5 Broker/Licensee Initials: 166
167 17. OWNER REPRESENTS 167
6F Owner represents and warrants that: 161
1rK A. Owner. or each person signing this Contract or behalf of Owner, nas the ful. right. powc:- anc authority- to execute tni 16?
17, Contract as or on behalf of Owner; 171.
171 B. Owner owns the Property and/or has the full right, power, and authority, to complete the sale or lease as provided in this 1T:
17 Contract; Y7.
17Z C. Neither Owner nor the Property is the subject of a bankruptcy, insolvency; probate, or conservatorship proceeding; 17.
174 D: Owner has -no notice or knowledge that any tenant or sub-tenant of the Property, if any, is the subiect of a bankruptcy or 174
175 insolvency proceeding; 175
176 E. There are no effective, valid, or enforceable option rights, rights of first refusal, rights of first offer, or any other restric- 176
177 tions, impediments, or limitations on Owner's right, ability, and capacity to complete a sale or lease of the Property, except 177
178 as disclosed in writing as required in paragraph 5(C). 178
179 F. If the transaction is a sale, Owner is legally able to sell the Property with a fee simple title, free and clear, except as follows: 179
180 1. Mortgagee Account # 180
181 Address Phone 181
182 Approx. Balance 182
183 2. Additional mortgage, equity loans, debts, liens, judgments, or taxes in arrears, municipal notices or assessments 183
184 received, mineral rights agreements, etc. 164
180` 185
186 186
187 18. OWNER AUTHORIZES BROKER 187
188 Owner authorizes: 188
189 ? Sale Signs ?- Sold Signs ? Key in Office. = ? Lock Box ? General Advertising 166
.190 ? Distribution of information regarding the Property to: a Multiple Listing Service; economic development agencies; other i9o
191 brokers; and potential buyers and tenants of the Property: All information given to Broker by Owner can be used by Broker 191
192 as Broker deems appropriate. After the sale or lease has been completed, Broker may publicize the terms of the sale or lease. 192
193 ? Other 193
194 19. PROPERTY INFORMATION 194
195 Owner is hereby advised of Owner's duty to disclose known material defects and conditions about the Property. If the Property 195
196 contains not less than one and not more than four residential dwelling units Owner may be required by the Real Estate Seller 196
197 Disclosure Law (68 C.S. §7301 et seq.) to disclose these defects and conditions on a separate disclosure statement. 197
198 A. Within 5 days of the Starting Date of this Contract, Owner ? will ? will not deliver a completed Property 198
199 Information Sheet to Broker. 199
200 B. Owner represents and warrants that there are no known material defects or environmental hazards affecting the Property 200
201 including, but not limited to, contamination by radon gas, asbestos, polychlorinated' biphenyls, underground storage tanks, 201
202 or petroleum products, except as noted on a separate disclosure statement or as follows: 202
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205 C. Owner hereby agrees to indemnify, defend (with counsel reasonably acceptable to Broker), and hold Broker harmless 2o5
206 against claims, actions, suits, liabilities, costs, and expenses arising out of Owner's failure to disclose known material 206
207 defects and conditions, including judgments, costs of defense, attorneys' fees, and settlement. This clause will survive the 2o7
208 Contract. 208
209 20. PROPERTY MAINTENANCE 209
210 A. Owner has full responsibility for maintenance, repair, replacement, operation, and security of the Property. Broker will not 210
211 be liable for any loss, damage, or injury to the Property or to Owner, any tenants of the Property, any buyer, prospective 211
212 buyer, tenant, or prospective tenant, or any other person, including those that,may occur as a result of Broker's use of a 212
213 lock box. Owner will hold harmless Broker, Licensee, Broker's employees and agents, and will indemnify such persons 213
214 and entities from and against all claims, suits, and liability as may arise from property damage or injuries that occur on or 214
215 about the Property, including judgments, costs of defense, attorneys' fees, and settlement. 215
216 B. Owner hereby releases and relieves Broker, and waives Owner's entire right of recovery against Broker, for direct or con- 216
217 sequential loss or damage arising out of or incident to the perils covered by insurance carried by Owner, whether or not 217
218 due to the negligence of Broker. 218
219 21. DEPOSIT MONEY 219
220 A. Broker, or any person Owner and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the 220
221 buyer in an escrow account. This escrow account will be held as required by real estate licensing laws and regulations until 221
222 the sale or exchange of the Property is final. Owner agrees that the person keeping the deposit monies may wait to deposit 222
223 any uncashed check that is received as deposit money until Owner has accepted an offer. 223
224 B. If Owner joins Broker or Licensee in a lawsuit for the return of deposit monies, Owner will pay Broker's and Licensee's 224
225 attorneys' fees and costs. ... 225
226 Owner Initials: ,-? %XLS-C Page 4 of 5 Broker/Licensee Initials:-:,
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226 court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real rr
226
'estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do 229
2zo so. For complete details about the Fund, call (71.7) 783-3658. or (800) 822-2113 (within Pennsylvania), and (717) 783-4854 23ts
211 (outside Pennsvlvania). 21"
2 ° 23. TRANSFER OF THIS CONTRACT 23=
2z; A. Broker wit, notii- Owner immediately in writing if Broker transfers this Contract to another broker when: 2K
234 1. Broker stops doing business, OR 234
2 : _ Broker forms a new reai esta?e business. OL 235
23c 3. Broker Joins his business with another. 23c
23- Owner agrees tha' Broker may transfer this Contract to another broker. Broker wili notify Owner immediately in writing 23
236 when a transfer occurs or Broker will lose the right to transfer this Contract. Owner will follow all requirements of this 230
239 Contract with the new broker. 239
240 B. Should Owner give or transfer the Property, or an ownership interest in it, to anyone, or should ownership change during 240
241' the term of this Contract, all owners will follow the requirements of this Contract. 241
242 24. NOTICE TO PERSONS OFFERING TO SELL OR RENT REAL PROPERTY IN PENNSYLVANIA Federal and state 242
243 laws make it illegal for Owner, Broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DIS- 243
244 ABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORI- 244
245 GIN, USE OR HANDLING/TRAMNG OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR 245
246 ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent 246
247 properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 247
246 25. NO OTHER CONTRACTS Owner will not enter into another listing contract for the Property with another broker that 246
249 begins before the Ending Date of this Contract or any extensions thereof. 249
250 26. ALTERNATIVE TRANSACTION If the sale or lease of the Property changes to any other transaction, including but not 250
251 limited to sale, lease, exchange, option to buy, right of first refusal, ground lease, sublease or assignment of lease, or expan- 251
252 lion or relocation of Tenant in any other property of Owner, then Broker will be Owner's sole and exclusive Agent for the 252
253 transaction and will represent Owner under the terms and conditions of this Contract. 253
254 27. CONFLICT OF INTEREST A conflict of interest is when Broker has a financial or personal interest where Broker cannot 254
255 put Owner's interests before any other. If the Broker, or any of Broker's salespeople, has a conflict of interest, Broker will 255
256 notify Owner in a timely manner. 256
257 28. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Owner. Any verbal or written agreements 257
256 that were made prior to the signing of this Contract are not a part of this Contract and are not binding. 258
259 29. CHANGES TO THIS CONTRACT All changes to this Contract must be in writing and signed by Broker and Owner. 259
s6o 30. BANKRUPTCY Owner will notify Broker immediately in the event the Property comes under the jurisdiction of a bankruptcy 26o
261 court. If Owner is the subject of bankruptcy, Owner will take all steps necessary to obtain court approval of Broker's appoint- 261
262 ment to sell or lease the Property, unless Broker elects to terminate this Contract upon notice of the bankruptcy. 262
263 31. NOTICE BEFORE SIGNING When signed by both parties, this is a legal contract. Owner acknowledges that Broker has 263
264 advised Owner to consult and retain experts to advise and represent Owner concerning the legal and tax effects of this Contract 264
265 and the completion of the sale, lease, or alternative transaction, as well as the condition and/or legality of the Property, includ- 265
266 ing, but not limited to, the Property's improvements, equipment, soil, tenancies, title and environmental aspects. Broker will 266
267 have no obligation to investigate any such matters unless expressly agreed to in writing by Broker and Owner. Owner further 267
268 acknowledges that in determining the financial soundness of any prospective buyer, tenant, or security offered, Owner will rely 268
269 solely on Owner's own investigation, regardless of Broker's assistance in gathering information. 269
270 Owner has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 270
271. . Owner gives permission for Broker to send information about this transaction to the fag number(s) and/or e-mail address(es) 271
272 listed below.
272
273 Owner has read the entire Contract before signing. All Owners must sign this Contract. 273
274 Return by facsimile (FAX) constitutes acceptance of this Contract. 274
275 NOTICE BEFORE SIGNING: IF OWNER HAS LEGAL
276 OWNER'S MAILING ADDRESS:
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282 BROKER (Company
283 ACCEPTED BY
IS ADVISED TO CONSULT AN ATTORNEY. 275
PHONE: FAX: E-MAIL:
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OWNER J r
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DATE
OWNER !;J11 ? .: F- ...
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OWNER DATE
DATE
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Page 5 of 5
a
CERTIFICATE OF SERVICE
AND NOW, this day of Z4 , 2008, I hereby certify
that I have served a copy of the within do is on the following by depositing a true and
correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid,
addressed to :
Green Ridge Leasing, LLC
6375 Baseshore Road
Mechanicsburg, PA 17050
2087 Market Street, LLC
5146 South Deerfield Avenue
Mechanicsburg, PA 17050
CALDWELL KEARNS
By
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RSR REALTORS®, LLC,
3 Lemoyne Drive -Suite 100
Lemoyne, PA 17043
V.
GREEN RIDGE LEASING, LLC,
6375 Baseshore Road
Mechanicsburg, PA 17050
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 57 '
AFFIDAVIT OF SERVICE OF COMMERCIAL REAL ESTATE BROKER LIEN
I, James L. Goldsmith, Esquire, counsel for RSR REALTORS®, LLC, being duly sworn
according to law says that on July 1, 2008, a true and correct copy of Notice of Intent to Record a
Claim for Lien was sent by First Class U.S. Mail and U.S. Certified Mail addressed to:
Green Ridge Leasing, LLC
6375 Baseshore Road
Mechanicsburg, PA 17050
On July 1, 2008, a true and correct copy of Notice of Intent to Record a Claim for Lien
was sent by First Class U. S. Mail and U. S. Certified Mail addressed to:
2087 Market Street, LLC
5146 South Deerfield Avenue
Mechanicsburg, PA 17050
A true and correct copy of the Notice directed to Green Ridge Leasing, LLC, Owners,
and 2087 Market Street, LLC, Buyers, is attached hereto as Exhibit "A".
Sworn to and subscribed
Before me this Y- day of July, 2008
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Notary P lic
My Commission Expires
07161-002/135054
COMMONWEALTH OF PENNSYLVANIA
Nab" a"
Nancy L. Oreft Not" Pubic
MY Gwvrdselon Meft 16, 2
Member, Penmylmft Aseodatlon of Nobrlee
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NOTICE OF INTENT TO RECORD A CLAIM FOR LIEN
Date: ?? plod ?'
T
Green Ridge Leasing, LLC
W. Wayde Kelly, Member
6375 Baseshore Road
Mechanicsburg, PA 17055
Owner
2087 Market Street, LLC
Sukhvinder S. Longia, Member
5146 South Deerfield Avenue
Mechanicsburg, PA 17050
Prospective Buyer
Howard Hanna Real Estate Services
Kenneth A. Walker
3310 Market Street
Camp Hill, PA 17011
Broker for Buyer
Re: Commercial Real Estate Broker Lien with regard to premises situate at 6375
Baseshore Road, Hampden Township, Cumberland County, Pennsylvania
Be advised that RSR Realtors, LLC, License Number RB 043231P, William Gregory
Rothman, Broker of Record, License Number RM419081, is entitled to compensation in the
amount of $92,500.00, under the terms set forth in the written Listing Contract Exclusive Right
to Sell Commercial Property, dated August 2, 2007, and intends to claim a lien on the
commercial real property described as follows:
6375 Baseshore Road, Hampden Township, Cumberland County, Pennsylvania.
The notice of lien will be filed with the Prothonotary in the County of Cumberland,
Commonwealth of Pennsylvania, no sooner than 3 days following service of this notice pursuant
to the Real Estate Broker Lien Act, Act 34 of 1998.
Pursuant to Section 10 of the Act, whenever a claim of lien has been filed with the
Prothonotary that would prevent the closing of a transaction or conveyance, an escrow account
shall be established from the proceeds from the transaction or conveyance in an amount that is
sufficient to release the claim for lien. The requirement to establish an escrow account shall not
be cause for any party to refuse to close the transaction. These monies shall be held in escrow
until the parties' rights to the escrowed monies have been determined by written agreement of
the parties, a court of law or other process as may be agreed to by the parties. Upon deposit of
funds in escrow in the amount of the lien, the broker who is claiming the lien shall release the
claim for lien. The parties are not required to follow this escrow procedure if alternative
procedures which would allow the transaction to close are available and are acceptable to the
broker in the transaction.
CALDWELL & KEARNS
Date: Oev
07161-002/133400
By:
James L. mith, Esquire
Attome #27115
j Elizabeth H. Feather, Esquire
( Attorney I.D. 492618
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for RSR Realtors, LLC
f
VERIFICATION
I, William Gregory Rothman, Broker of Record for RSR Realtors®, LLC verify that the
averments of this notice of intent to file a Commercial Broker Lien are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unworn falsification to authorities.
By:
Dated: k_ 19 - 2 M
CERTIFICATE OF SERVICE
AND NOW, this day of , 2008, I hereby certify that I
have served a copy of the within documents/ on the following by depositing a true and correct
copy of the same in the U.S. Mails and U.S. Certified Mail at Harrisburg, Pennsylvania, postage
prepaid, addressed to:
Green Ridge Leasing, LLC
W. Wayde Kelly, Member
6375 Baseshore Road
Mechanicsburg, PA 17055
2087 Market Street, LLC
Sukhvinder S. Longia, Member
5146 South Deerfield Avenue
Mechanicsburg, PA 17050
CALDWELL & KEARNS
By:
CERTIFICATE OF SERVICE
AND NOW, this day of , 2008, I hereby certify
that I have served a copy of the within do e on the following by depositing a true and
correct copy of the same in the U.S. Mai s at arrisburg, Pennsylvania, postage prepaid,
addressed to :
Green Ridge Leasing, LLC
6375 Baseshore Road
Mechanicsburg, PA 17050
2087 Market Street, LLC
5146 South Deerfield Avenue
Mechanicsburg, PA 17050
CALDWELL KEAR'N'S?
By-
-n
CIO
James L. Goldsmith, Esquire
3631 North Front Street
Harrisburg, PA 17110
Attorney ID Number 27115
717-232-7661
RSR REALTORSS, LLC,
3 Lemoyne Drive - Suite 100
Lemoyne, PA 17043
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GREEN RIDGE LEASING, LLC,
6375 Basehore Road
Mechanicsburg, PA 17050
NO. 08-4067 CIVIL
PRAECIPE TO SATISFY SETTLE AND DISCONTINUE
TO: CURTIS R. LONG, PROTHONOTARY,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Kindly mark the above-captioned Commercial Real Estate Broker Lien
settled, satisfied and discontinued.
James . Goldsmith, E
R ealtors 8, LL9
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Co
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