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Home My WebLink About12-5507 € LANDMARK COMMERCIAL REALTY, IN THE COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY, 20 Erford Road PENNSYLVANIA Suite 215 Lemoyne, PA 17043 Plaintiff v. CENTRAL PENN, INC. 107 College Hill Road ca y ~ Summerdale, PA 17093 c rr~ m Defendant r cn PRAECIPE FOR WRIT OF SUMMONS s~-, TO THE PROTHONOTARY OF SAID COURT: Sys ~ -~s w Please issue Writ of Summons in the above-captioned action. ' X Writ of Summons shall be issued and forwarded to OAttorney (X) Sheriff CUNN ICOF .C. By: ' ruce J. Wars sky, Esquire PA Supreme ourt ID No: 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: AugustJ7 ~ , 2012 F:1Home\BJW\DOCS\LANDMARK\Central PA Business ColiegeU'raecipe for Writ of Summons.wpd S ~`i~ ~.s /yoy~j.., ~~-a$aa~cs _ LANDMARK COMMERCIAL REALTY, IN THE COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY, 20 Erford Road PENNSYLVANIA Suite 215 Lemoyne, PA 17043 Plaintiff NO: 1.L ~550~' ~tv~ v. CENTRAL PENN, INC. i 07 College Hill Road Summerdale, PA 17093 Defendant WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED ANf ACTION AGAINST YOU. ' Prothonotary Date: Deputy LANDMARK COMMERCIAL REALTY, INC., Plaintiff rft r , _ • ~_~~o:r1~_ r .., ~ I ~ !~~ ~! ! 9 P~ I?~ ~ ~a FEt~a~S`~LVaN1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 12-5507 v. CIVIL ACTION -LAW CENTRAL PENN, INC. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND "I'O: CENTRAL PENN, INC. 107 College Hill Road Summerdale, PA 17093 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You arc warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1'HF, OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda v Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamado en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 LANDMARK COMMERCIAL REALTY, INC., Plaintiff v. CENTRAL PENN, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 12-5507 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES Plaintiff, Landmark Commercial Realty, Inc., by and through its attorneys, Cunningham & Chernicoff, P.C., and files the within Complaint and in support thereof states the following: 1. Plaintiff, Landmark Commercial Realty, Inc. ("Landmark"), is a corporation organized, operating and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 20 Erford Road, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, Central Penn, Inc. ("CP") is a corporation organized, operating and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business at 107 College Hill Road, Summerland, Cumberland County, Pennsylvania 17093. 3. Central Penn Inc. is now the legal name of the entity known as Central Pennsylvania Business School, Inc., which was incorporated on December 2, 1971, by virtue of Articles of Amendment filed October 28, 1993 filed with the Pennsylvania Department of State. 4. CP, at all times relevant to the events in this Complaint, was the legal owner of a certain parcel of real estate located in Susquehanna Township approximately 87 acres, Tax Parcel Identification Number 62-013-115 as more particularly described in a August 31, 1974 Deed recorded in Deed Book Number 533, Page 56 on August 31, 1984 in the Dauphin County Recorder of Deeds Office (the "Property"). 5. Landmark is a commercial real estate agency engaged in the business of locating potential buyers and tenants, and negotiating the terms and conditions of the sale and lease agreements for commercial properties. 6. David Remmel ("Mr. Remmel") is the President and Broker of Record of Landmark and is thereby authorized to bring the within action under the Pennsylvania Real Estate Licensing Act. COUNT I -BREACH OF CONTRACT 7. On October 1, 1993, Landmark and CP executed an Exclusive Right to Sell Agreement ("Listing Agreement") signed by Mr. Remmel for Landmark as Agent and by Todd A. Milano for CP as Owner with respect to the Property for a term of one (1) year commencing September 28, 1993 through September 28, 1994 (the "Term"). A true and correct copy of the Listing Agreement is attached as Exhibit "A". 9. The Agreement provides for a list price of $2,600,000.00 for the Property and for Landmark, as Broker, to receive a commission in the event owner sold or agreed to sell the Property during the Term. 10. Shortly after executing the Agreement, Landmark began marketing the Property and incurring costs in connection with such marketing. 11. It is believed, and therefore averred, that Owner entered into an Agreement for the sale of the Property to Donald M. Lenker and Michel M. Lenker ("Lenkers") or with their real estate development corporation, DONCO, Inc., at some point between February 1, 1994 and June 22, 1994, during the Term. 12. Landmark worked with the Lenkers' representative, Gary Lenker, extensively in connection with the sale of the Property during the Term of the Agreement. 13. Legal title to the Property was transferred to Donald M. Lenker and Michel M. Lenker by Deed dated June 29, 2006 for $2,800,000.00 as evidenced in the attached Exhibit "B". 14. Although a significant period of time elapsed between the execution of the Agreement of Sale with respect to the transfer of the Property, the fact that CP agreed to sell the Property to the Lenkers during the Term of the Listing Agreement entitles Landmark to a commission thereunder. 15. Landmark is entitled to a six percent (6%) commission on the sale ol~ the Property in the amount of $168,000.00. 16. At all times material hereto, Landmark acted in good faith and in accordance with its duties and obligations as a real estate broker licensed with the Commonwealth of Pennsylvania and consistent with the Agreement 17. Despite repeated demands of Landmark, CP has failed to pay the commission due and owing to Landmark. 18. By virtue of their actions and representations, CP has breached the existing terms and conditions of the Listing Agreement. 19. CP's actions and representations constitute an express breach of the Agreement and have caused Landmark to suffer damages in the amount of $168,000.00, pre- Judgment interest from June 29, 2006 to the date of Judgment and costs incurred as a result thereof. WHEREFORE, Plaintiff, Landmark Commercial Realty, Inc. demands judgment against Defendant, Central Penn, Inc. in the amount of $ 168,000.00, which is in excess of the jurisdictional amount for compulsory arbritaration in this Judicial District, together with interest, costs of suit and any other remedy this Honorable Court deems just and proper. COUNT II -UNJUST ENRICHMENT 20. Landmark hereby incorporates by reference the averments in Paragraphs 1-19 as is more specifically set forth herein. 21. CP derived benefits from Landmark's work in connection with the Agreement and sale of the Property. 22. CP accepted and retained such benefits and under the circumstances it would be inequitable for it to retain those benefits without payment of commissions to Landmark. 23. Landmark spent substantial time and effort in furtherance of the sale of the Property by CP and others, thus conferring a benefit upon CP. WHEREFORE, Plaintiff, Landmark Commercial Realty, Inc. demands judgment against Defendant, Central Penn, Inc. in the amount of $168,000.00, which is in excess of the jurisdictional amount for compulsory arbritaration in this Judicial District, together with interest, costs of suit and any other remedy this Honorable Court deems just and proper. CUNNINGHA~I-JBc CHERNICOFF, P.C. BY; ~fuce J. W ha ky, Esquire Supreme D No: 58799 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorney for Plaintiff Landmark Commercial Realty, Inc. F'`,Florae\BJW\DOCS\LANDMARK\Central PA Business College\Complaint.WPD VERIFICATION I, David Remmel, President of Landmark Commercial Realty, Inc., hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities Date: ~r ~ ~ 2 avid Remmel EXHIBTT °A' • '... , s ESCLUSIVE RIGHT TO SELL ~.~4/Vl~ AR/C COMM(RCIAI RfAti7' lNC. Four Lemoyne Drive • Lemoyne, Pennsylvania 17043 • 717-731.1990 • Fax: 717.731-8765 P.O. BoX 3404 • Harrisburg, Pennsylvania 17105-3004 For valuable consideration and intending to be legally bound hereby, the undersigned, as Owner of the following described property: Approximately 87 a res Susquehanna does hereby grant to L~ndmar$ Commercial Realty, Tnc., Realtor, the sole and exclusive riaht to sell these premises for a period beginning the 28th day of September. 199 and ending on the ~~ day of September 1~ 94 and for such further period as may be mutually agreed upon. It is agreed that if during the period of this agreement agent shall obtain a purchaser for a price of S2. 600. ()g0.00* {See Footnote Below) or at any other price or terms as may be acceptable to the Owner OR IF UNDERSIGNED SHALL AS A RESULT OF THE EFFORTS dF ANY PERSONS INCLUDING THE OWNER, AGREE TO SELL OR EXCHANGE THE SAME AT ANY PRICE, the Owner shall 'pay to the Agent a commission according to the Commission Schedule outlined in Exhibit "A" attached. It is further agreed that the same commissions shall be paid to Agent if within a period of six (6) months after this agreement is terminated the undersigned sells or agrees to sell or exchange the premises, irrespective of terms of sale, to any person with whom Agent had negotiated prior to termination. Pursuant to the Rules and Regulations of the State Real Estate Commission of the Commonwealth of Pennsylvania, all payments of money paid on account of the sale of the premises, regardless of the form such payments may take, and if by instruments, regardless. of the person designated as payee, shall be retained by Agent in an escrow or fiduciary account for the benefit of the parties t4 the transaction. The undersigned hereby authorizes Agent to place "For Sale" sign(s) upon said property and it is agreed that no other real estate "for sale" sign(s) shall be displayed on the property while this agreement is in effect. It is hereby agreed that when a prospective purchaser has committed a default under the terms of a Sales Agreement, owner agrees to pay Agent one-half (1/2) of any money forfeited by purchaser as a result of such a default by whatever means obtained, but in no event shall the sum payable to Agent by Owner exceed the total amount of the real estate commission due to Agent under the terms of this fisting agreement. This right shall be binding upon the heirs, executors, administpators and assigns of the undersigned. ~ ~y ~r~~ Lot ~ • EXHIBIT "A" PROPOSED PRICE LISfi A,t PROFESSIONAL OFFICE LOTS Commission Co-Broke Si7,e For In House Commission (AcYe) List Priae Transaction Split 50-50 131 1.44 $ 250,000 6$ 8$ 132 2.14 $ 204,750 6$ 8$ 133 1.89 $ 195,000 6$ 8$ 134 2.44 $ 215,000 6$ 8$ 135 1.16 $ 135,000 6$ 8$ 136 0.98 $ 135,000 6$ 8$ 137 1.14 $ 125,000 6$ 8$ 138 1.37 $ 130,000 6$ 8$ 139 1.83 $ 140,000 6$ 8$ 140 1.57 $ 140,000 6~ 8$ 141 1.59 $ 150,000 6$ 8$ 143 2.73 $ 250,000 6$ 8$ 144 2.93 $ 250,000 G$ 8$ 145 1.32 $ 200,000 6$ 8$ 146 1.45 $ 210,000 6$ 8$ 147 1.32 $ 250,000 6$ 8$ Total 27.30 $3,Q00,000 Discount Pri ce for Buyer of 27.3 Acres in Bulk Improved: ($55K per acre) 31.500,000 6$ in house comm/8$ co-broke Unimproved: ($45K per acre) S1.228,500 6$ in house comm/89c co-broke B. SINGLE FAMILY LOTS ~~,.,,,,,~~`~ 5 ~.., pig 125 Individual lots improved: S2,915,000 3.0$ in house comm/ ~K co-br~oJk~e~ , ($23,320/Lot - Tq be 50$ (min.) pre-sold prior to constructi n of improvements ) o~,,,, ~ ~~~ ~~ ~~ Bulk price for unimproved site: $ 937,500 3.0$ in house commJl~ co-brok ($7,500/Lot - School to provide street and utilities to tract~`S\\ C. MULTI-FAMILY LAND 11.6 Ac. approved for 72 units: & 468.000 4.5$ in house comm/6$ co-broke ($6,500/Lot - School to provide street to tract and utilities including laterals to envelope of building(s) Bulk price for unimproved site: S 396,000 4.5$ in house comm/6$ co-broke ($5,500/Lot - school to provide street and utilities to tract) Accepted by: ~ ~~~~_ ~ti o ~ \ \.~ AGENT - LAN RK COMMERCIAL REALTY OWNER-CENTRAL PENNSYLVANIA BUSIfIESS SCHOOL Lemoyne, PA 731-1990 Summerdale, PA 732-070" • ~ EIGSi-TO-SELL dGBfiB!!6B'r ONE-PARTY COl$LISSI0IT AGREBl~NT The undersigned as owners .of the following apDr'Oximately 32 acres located-at Lin~lestown Road. known as the "Central Pennsylvania Business School Tract" identified in whole or in part as Tax Z~iav #62-13 parcel 1]5, inclusive of an unrecorded .and _yet to be -delineated right of wa-y across -said parcel to prrmit public access to owner's contiguous tract of land to the-south, does hereby grant to Landmark Commercial Realty,. Inc. permission to sell same to Pennsylvania National Mutual Casualty and Insurance COmDanX. This agreement shall continue in effect for a period of six t6) months from the date of signing. If during the period of this. ag_raement the agent shall obtain said purchaser far a price of $1.300.000.00 or any other terms as nay-be acceptable to the undersigned, the undersigned shall pay to the agent.a..commission of five 5 X of the gross sale price-at settlement. It is further agreed that the same commission shall be paid to the agent if within a period of sax (6) months after this agreement is terminated the undersigned sells, exchanges or agrees to sell the property to said party with whom agent had negotiated prior to termination, contingent upon consummation and settlement. It is hereby agreed that when a .prospective purchaser has committed a default under the terms of a Sales Agreement, owner agrees to pay Agent one-half (1/2) of any money deposited by purchaser as a down payment as well as one-half (1/2) of all monies received by owner from purchaser as a result of such a default by whatever means obtained, but in no event shall the sum payable to Agent by owner exceed the total amount of the real estate commission due to Agent under the terms of this Listing Agreement. The undersigned has received a copy of this agreement. Dated and sealed this 7th day of July, 1992. Accep~ed by: / ~ ~ t ` ~.1 j~ ~` C`~ l,. ~ ~tl 4~~ \ can .~ ~'\ • ~~c~...,_~ \ ~V-~ , , r ..:~"' r Landmark Commercial for Centre-1 Pennsylvania Business ealty, Inc. School, Inc. Address Phone Number Colleee Hill Rd. Summerdale, PA 71 093- (717) 732-0702 Phone Number IN3T~: 20060026959 Recorded: 07/06/2005 a~ ^3: ~.2: a.'. '?~' 5 SAGES JA,'~7F'S v. "L'G11X - RF.COA:]ER OF DEEDS, DAUPHIN COUNTY, PA. RECORDED ;BY DEP~7TY (.),;~;]~; Tgl'~t,KL~W ~~94~~~~~-1~ Pm-cel No. G2-013-115-0000000 DEED THIS INDENTURE, made the ~~day of 7~~ f , in the year Two Thousand Six (2006). BETWEEN CENTRAL PENN, INC., formerly known as CENTRAL PENNSYLVANIA BUSINESS SCHOOL, INC., a Pennsylvania corporation, having an office at the Campus on College Hill, Summerdale, Pennsylvania 17093, hereinafter the "Grantor", AND DONALD M. LENKER and MICHELE M. LENKER, husband and wife, having an office at 720 Allegheny Street, Dauphin, Pennsylvania, hettinaRer the "Grantee". WTTNESSETH, That Grantor, for and in consideration of the sum of TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS (52,800,000.00), lawful monry of the United States of America, well and truly paid by the Grantee to the Grantor, at and before the sealing and delivery of thesc presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto Grantee, its successors and assigns: ALL THAT CERTAIN tract or parcel of land, known as the Stwbridge Development, situate in Susquehanna Township, Dauphin County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern right-of--way line of Sturbridge Drive, said point also being the southeast corner of Lot 139 of Sturbridge; Then along the dividing line between the residual area and Lot 139 North 13 degrees 25 minutes 30 seconds East 227.18 feet to a point; Then along the dividing line between the residual area and Lot 139 & Lot 143 North 41 degrees 01 minutes 00 seconds East 254.47 feet to a point; Then along the dividing line between the residual area and Lot 143 North 46 degrees 47 minutes 50 seconds East 157.76 feet to a point; Then along the dividing line between the residual area and Lot 144 North 88 degrees 31 minutes 16 seconds East 198.02 feet to a point; Then along lands now or formerly of Richard C. Reinard North 70 degrees 06 minutes 53 seconds East 226.22 feet to a point; Then along lands now or formerly of Blue Ridge Park South 01 degrees 46 minutes 00 seconds East 613.33 feet to a point; 61737.2 .T.NS"'Pr~N¢;~1~!' #: 2^^50026959 PAGE 2 QF 5 Then continuing along lands now or formerly of Blue Ridge Park South 89 degrees 1? minutes 00 seconds East 185.00 fat to a point Then along lands now or formerly of William Nelson South OS degrss 30 minutes 00 seconds East 1669.45 feet to a point; Then along lands now or formerly of Brightbill South 71 degrxa 33 minutes 24 seconds West 908.55 fat to a point; Then along lands now or formerly of John Vartan North 18 degrees 30 minutes 20 seconds West 1447.93 feet to an iron pin; Then along lands now or formerly of Buonarroti Trust North 18 degrss 21 minutes 24 seconds Went 538.25 fat to a point; Then across the residual area North 58 degraa 28 minutes 22 seconds East 284.01 fat to a point on the western right-of--way line of Sturbridge Drive; Then along the western right-of--way line of Sturbridge Drive on a curve to the left having a radius of 425.00 feet with an arc length of 16.13 fat to a point Then continuing along the western right-of--way line of Sturbridge Drive South 44 degrees 33 minutes 04 seconds East 132.30 feet to a point Then across Sturbridge Drive North 45 degrees 26 minutes 56 seconds East 50.00 feet to a point on the eastern right-of- way line of Sturbridge Drive, THE PLACE OF BEGIIVNING. CONTAIMNG 55.4260 acres, more or less. BEING A PORTION OF THE SAME PREMISES which Anthony T. Intreri, Edward R Norford, Joel T. Miller, his attorney in fact, Progress Properties, a Pennsylvania corporation, Hamilton Development Corporation, a Pennsylvania corporation and Gail Siegel by their deed dated August 31, 1984 and recorded August 31, 1984 in the Dauphin County Office of the Recorder of Deeds in Record Book 533, Page 56, granted and conveyed unto Central Pennsylvania Business School, Inc., a Pennsylvania corporation. UNDER AND SUBJECT to existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any, or easements or restrictions visible upon the ground. ALSO, UNDER AND SUBJECT to the right of the lots in Phase II of the Sturbridge Development, as described and designated in the Subdivision Plan for Sturbridge, Phase II, dated October 10, 2003, leaf revised December 8, 2003, and recorded on May 2, 2005 in the Office of the Recorder of Deeds in and for Dauphin County in Book K, Volume 9 at pages 88-90, to discharge stormwater into the detention basin which is located on the tract of land being conveyed hereunder and adjoining Lot 138 of Phase II of the Sturbridge Development and into the basin located or to be located on the southern or eastern side of the stream on the tract of land being conveyed hereunder. Grants, at Granter's cost, shall maintain the storn-water basin areas referenced herein in accordance with all Township ordinances and any applicable state laws and in accordance with any requirements of any subdivision plans for any portion of the Sturbridge Development. The foregoing obligations shall be binding upon the Grantee, its successors, and assigns, and shall be an encumbrance upon the title to the tract of land being conveyed by I'dST~'?MS'N'^ #: 2^^50025959 PACE 3 O." 5 this deed and shall be for the benefit of Grantor and the lots in Phase II of the Sturbridge Development and the owners of said lots. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title, intersat, property, claim and demand whatsoever, both in Iaw and equity, of the Grantor, of, in, to or out of the said pact of land, and every part and parcel thereof. TO HAVE AND TO HOLD the said tract of land, with all and singular the premises herein described together with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behoof of Grantee, its sruxessora and assigns forever. AND the Grantor, for itself, its successors and assigns hereby covenants and agrees to warrant specially and forever defend all std each of the hereditamenta and premises herein above-described and granted, or mentioned and inteadad so to be, with the appwtarancea, against all and every other person or persons, whomsoever, lawfully claiming ar to claim the same or any part thereof, by, from or under it, him, her, them or any of them. IN WITNESS WHEREOF, the Grantor has caused this Decd to be executed the day and year first above written. Atteat/Witness: Grantor. CENTRAL PENN, INC., formerly (mown as CENTRAL PENNSYLVANIA BUSINESS SCHOOL, INC., a Pennsylvania corporation ~~`' By: a .~ ~ Name: s Title: a . ~ __ IN53TRTJMENT M: 20060026959 PAG^ 4. QF 5 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF C,U1"n~IQC~: On this ~~1 day of Jl~l1"le. _, 2006, before me, a Notary Public, the undtrsigned officer, personally ~ f , fl,,, ~ who aciezwwladged himself/herself to be the ~/A~ Cc~./-f~ ~ . o atral Penn, Inc., formerly (mown as Central Pennsylvania Business School, Inc., a Pennsylvania corporation, and that he/she as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himselfTherself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notan COMM!]UJtiYEALTH OF PENNSYLVANIA NO Pub11C NOTARIALSEa~ CYNTHIA E. RUHL. Nblary Publ~t Hampden Twp.. CumberUnb County My Commission Expires: My Commrssron EMpxes May 10 ?Ot0 (SEAL) CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the Grantee herein is as follows: Donco Construction, Inc. 720 Allegheny Street Dauphin, PA 17018 ~` Arttewrry for Grantee "~`" "' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS: RECORDED in the Office of the Recorder of Deeds, etc., in and for said County, in Record Book No. _~ Page ____. 2006. WITNESS my hand and official seal this _ day of Recorder of Deeds James M. Zugay, Esq. Recorder of Deeds (717) 780-6560 Candace E. Meck First Deputy Recorder of Deeds Harrisburg. Pennsylvania CERTIFIED END PAGE INSTRUMENT #: 20060026959 RECORD DATE: 716/2006 3:02:11 PM RECORDED BY: TBUCKLEW DOC TYPE: DEED AGENT: AFFILIATED SETTLEMENT SERVICES GROUP, L.L.P. DIRECT NAME: CENTRAL PENN, INC. INDIRECT NAME: LENKER, DONALD M. RECORDING FEES -State: $0.50 RECORDING FEES - Courtly: $13.00 ACT 8 OF 1998: $5.00 COMMONWEALTH OF PA: $28000.00 MUNICIPALITY: $14000.00 SUSQUEHANNA TWP SCHOOL DISTRICT: $14000.00 SUSQUEHANNA AOPC: $10.00 AFFORDABLE HOUSING: $13.00 I Certify Thia Document To Be Recorded 1n Dauphin County, Pennsylvania. Location: Dauphin County Courthouse Room 102 Front & Market Streets Harrisburg, PA 17101 James M. Zugay, Recorder of Deeds ~~ ~.F ~ 'A.:++` dr_ `.. ~~i THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Complaint was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: CENTRAL PENN, INC. 107 College Hill Road Summerdale, PA 17093 Date: November 19, 2012 CUNNINGHAM & CHERNICOFF, P.C. 1 B ~r~--~ Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 to J LANDMARK COMMERCIAL REALTY, IN THE COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 12-5507 V. CIVIL ACTION - LAW CENTRAL PENN, INC. -xQ rn JURY TRIAL DEMANDED M r- w. Defendant --t> c , a C Dn PRAECIPE TO SETTLE, DISCONTINUE AND END z ;T 3Dr�. r "XJ TO THE PROTHONOTARY: Please mark the above referenced matter settled, discontinued and ended with prejudice as the parties have resolved their differences. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: April 30, 2013 By: ru J. ar awsky, E ire P Supreme Court ID o: 58799 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys.for Plaintiff CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., hereby certify that I served a true and correct copy of the PRAECIPE TO SETTLE, DISCONTINUE AND END upon the following via first Class Mail, postage prepaid. Peter M. Good, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 C GHAM & CHERNICOFF, P.C. Date: April 30, 2013 By: jott" ulieanne Ametrano F:\Florae\BJMDOCS\LANDMARK\Central PA BnSIneSS CollegeTPAEDISCVP -2-