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HomeMy WebLinkAbout14-1953 Supreme COU too ennsylvania a � Cour . oommo Pleas For Prothonotary Use Only: C it C omae Sheet • i "'"'' �atr Docket No: Cu rrj eland COUri lJ ' w , The irrforniation collected on this fbrin is used solely . for court administration purposes. This form does not supplement or replace fhe,fling and service of pleadings or other papers as required by law or rules of'court. Commencement of Action: S El Complaint El Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T I Are money damages requested? El Yes J^ No Dollar Amount Requested: El within arbitration limits (check one) Doutside arbitration limits N Is this a Class Action Suit? E3 Yes M No Is this an MDJAppeal? ❑' Yes IE No A Name of Plaintiff /Appellant's Attorney: James L. Goldsmith, Esquire and Joseph S. Swartz, Esquire El Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS !J Intentional Buyer Plaintiff Administrative Agencies E] Malicious Prosecution Debt Collection: Credit Card 1 Board of Assessment 0 Motor Vehicle Q Debt Collection: Other ! =i Board of Elections Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S E] Product Liability (does not include E mass fort) Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: 01 Employment Dispute: Other Zoning Board T - Other: I x, Other: O MASS TORT Breach of Contract ID Asbestos N [] Tobacco C-, Toxic Tort - DES C] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment ❑ Common Law /Statutory Arbitration B _ Other: Cs Eminent Domain /Condemnation Cl Declaratory Judgment Ground Rent Q Mandamus Landlord /Tenant Dispute E) Non- Domestic Relations D Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY '-_l Mortgage Foreclosure: Commercial El Quo Warranto El Dental I] Partition El Replevin [] Legal Quiet Title Q Other: Medical 0 Other: E] Other Professional: Updated 1/1/2011 James L. Goldsmith, Esquire Attorney I.D. #27115 t. Lit Caldwell & Kearns f,M131 RLA ND COUNTY 3631 North Front Street PE NIN - YLVANIA Harrisburg, PA 17110 (717) 232 -7661 (717) 232 -2766 (fax) Attorneys for Plaintiff Howard Hanna Real Estate Services HOWARD HANNA COMPANY d/b /a IN THE COURT OF COMMON PLEAS HOWARD HANNA REAL ESTATE SERVICES CUMBERLAND COUNTY, PENNSYLVANIA 3310 Market Street Camp Hill, PA 17011 ; Plaintiff, V. : No. KOSKAP PARTNERS, EARL KOSOWSKY 507 Bedford Place Civil Action Lititz, PA 17543 Defendants : COMMERCIAL REAL ESTATE BROKER LIEN Claimant, Howard Hanna Company, a Pennsylvania corporation doing business as Howard Hanna Real Estate Services, files this lien against Koskap Partners, owner of the property hereinafter described to ensure payment of a commercial real estate brokerage commission in the amount of Three Thousand Three Hundred -Thirty Seven Dollars and 20/100 ($3,337.20) for brokerage services rendered in accordance with the terms of a written listing agreement dated June 10, 2010. 1. The name of the Claimant is Howard Hanna Company d/b /a Howard Hanna Real Estate Services. 2. The name of the owner or reputed owner is Koskap Partners. 3. The aforementioned real estate brokerage services were provided with regard to the property known as 2500 Gettysburg Road, Lower Allen Township, Cumberland County, } 3.75 Pennsylvania being further described as follows: c, f Cl�t� v a. All the property and improvements located at 2500 Gettysburg Road, Camp Hill, Pennsylvania 17011. b. Assessment Parcel No. 13 -23- 0549 -003A. C. Recorded in Cumberland County. 4. The services performed were in accordance with a written listing agreement of June 10, 2010, a copy of which is attached hereto and marked Exhibit "A ". 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 Howard Hanna Company d /b /a Howard Hanna Real Estate Services, procured for the owner a lease with a commercial tenant per the listing agreement. 7. The amount of commission chargeable against the parcel heretofore referred is Three Thousand Three Hundred -Thirty Seven Dollars and 20/100 ($3,337.20), being the commission that was due to Howard Hanna Company d/b /a Howard Hanna Real Estate Services pursuant to an invoice dated February 1, 2014. 8. This lien is claimed for from the date of filing and against the interest of the owner of the aforesaid parcel. 9. Claimant, Howard Hanna Company d /b /a Howard Hanna Real Estate Services, has sent, via certified mail, notice of the filing of this lien to the owner of 2500 Gettysbury Road, Koskap Partners, a copy of which notice is attached hereto as Exhibit "B ". 10. Claimant, Howard Hanna Company d/b /a Howard Hanna Real Estate Services, is a duly licensed real estate broker in Pennsylvania, License No. RO300597. 1 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, CALDWELL & KEARNS -- Dated: April 1, 2014 By: , Jam96 L. Goldsmit sq ' e At rney I.D. #27 15 ALDWELL & EA S �,. 3631 North Front Street Harrisburg, PA 17110 (717) 232 -7661 (717) 232 -2766 Fax j goldsmith @cklegal.net Attorneys for Plaintiff Howard Hanna Real Estate Services I � ' I � i i. i .i \ � I { �' � I II i i i i i LISTING CONTRACT 7:LS - EXCLUSIVE RIGHT TO SELL AND /OR LEASE COMMERCIAL PROPERTY This fonn recanmended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). 1 BROKER (Company) Howard Hanna Real Estate Services 2 LICENSEE(S) Kenneth A. walker 3 OWNER Koskap Partners 4 5 1. PROPERTY 6 A. , Address 7 2500 Gettysburg Road 8 Municipality Lower Allen Twp County Cumberland PA 9 Tax Identification Number 10 Deed Book, Page 11 Zoning Classification & Present Use 12 Industrial 13 ❑ A legal description or a description of the Property is attached to this Contract. .14 B. Inclusions: Included with the Property are items listed here or ❑ listed in a property description sheet attached: 15 16 C. Exclusions: Excluded from the Property are items and leased equipment listed here or ❑ listed in a property description sheet 17 attached: 18 None 19 2. STARTING & ENDING DATES OF THIS CONTRACT (Also called "Term") 20 A. "Term" will mean the duration of this Contract, including mutually agreed upon renewals or extensions. The term of this Contract 21 has been determined as a result of negotiations between Broker and Owner and has not been established or recommended by any 22 Association of REALTORS®, or by any other organization or individual. 23 B. Starting Date: This Contract starts when signed and dated by Broker and Owner, unless otherwise stated here: 24 June 1 2010 25 , C. Ending Date: This Contract ends on 6 months from execution 26 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, 27 the term of this Contract will be extended by the number of days from the execution of the sale or lease agreement to the 28 date when the sale or lease agreement is terminated and Owner is again able to convey by free and clear title. The term of 29 the Contract will not extend more than a year beyond the original Starting Date of this Contract. 30 3. LISTED PRICE AND TERMS 31 A. Owner is hiring Broker to negotiate the following type of transaction regarding the disposition of the Property: 32 M A sale, for the following price and terms: 33 Negotiable (No sign or marketing) 34 or any other price and terms agreeable to Owner. 35 M A lease, or other tenancy, for the following price and terns described here, or by ❑ an exhibit /addendum outlining lease terns 36 that is attached as part of this Contract, or any other price and terms agreeable to Owner: 37 Approx. 14,600 SF @ $5.00 NNN 38 B. Marketing Expenses will be paid as follows: 39 Normal by Broker 40 4. BROKER'S DUTY 41 A. Broker is engaged as Owner's sole and exclusive Agent to represent Owner (as described in the Consumer Notice), to market the Property, 42 and to procure buyers and/or tenants for the Property. Broker will use reasonable diligence and care to procure buyers and/or tenants for 43 the Property. 44 B. Broker will not, unless otherwise agreed to in a separate, written agreement, provide management, repair, collection, legal, tax, or 45 other services. , 46 5. OWNER'S DUTY 47 A. Owner will cooperate with Broker to facilitate the sale and/or lease of the Property. PREPARED BY: Kenneth A. Walker, Associate Broker XLS -C, Listing Contract - Exclusive Right to Sell and /or Lease Commercial Property, 6/07. Pennsylvania Association of REALTORS@ COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2007 RealFAST@ Software, ©2010, ers' n 6.16. S ftware Registered to: Kenneth A. Walker, RE/MAX Realty Professionals, Inc. ( J Sfoker /Licensee Initials: � � 06/03/10 16:58:25 Pag "` 11 Off 5 Owner Initials: 48 B. All showings, negotiations and discussions about the sale, lease, or other tenancy of the Property will be done by Broker on Owner's 49 behalf. All written or oral inquires that Owner receives or learns of regarding the Property, regardless of the source, will be referred 50 to Broker. 51 C. Within 5 days of the Starting Date of this Contract, Owner will provide to Broker: 52 1. Copies of all leases, subleases, rental agreements, option rights, rights of first refusal, rights of first offer, or other documents 53 containing any other limitations on Owner's ability to finalize a sale or lease of the Property. 54 2. If available to Owner, copies of building plans, inspection reports, and environmental surveys. If the transaction is a sale, 55 Owner will also deliver to Broker, within 5 days of the Starting Date of this Contract, available title reports, boundary 56 surveys, and existing notes and mortgages that may continue to affect the Property after settlement. 57 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 58 this Contract. 59 6. BROKER'S FEE 60 A. The Broker's Fee has been determined as a result of negotiations between Broker and Owner and has not been established or 61 recommended by any Association of REALTORS @, or by any other organization or individual. 62 B. Broker's Fee in the case of a sale will be paid as follows: 63 6% /Six percent 64 C. Broker's Fee in the case of a lease will be paid as follows: 65 6% /Six percent, maximum of 10 years, paid annually 66 7. BROKER'S COOPERATION /AGENCY POLICIES 67 Licensee has explained Brokers's company policies about cooperating with other brokers. If another company successfully brings a 68 buyer /tenant to the Property, Broker and Owner agree that Broker will pay from Broker's Fee: 69 A. A fee to another broker who represents the Owner (SUBAGENT). 70 ® Yes El No If Yes, amount: Negotiable by HHRES of /from the sale price. 71 B. A fee to another broker who represents the Buyer /Tenant (BUYER'S AGENT). A Buyer's Agent, even if compensated by 72 Broker for Seller, will represent the interests of the buyer. 73 ® Yes 11 No If Yes, amount: Negotiable by HHRES of /from the sale price. 74 C. A fee to another broker who does not represent either the Owner or a buyer (TRANSACTION LICENSEE). 75 El Yes ® No If Yes, amount: NA of/from the sale price. 76 8, PAYMENT OF BROKER'S FEE 77 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 78 any price acceptable to Owner, during the term of this Contract, by Broker, Licensee, Owner, or by any other person or broker. 79 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. 80 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 81 the transaction involves an installment contract, then Broker's Fee will be paid upon the execution of the installment 82 contract. In the case of a lease, Broker's Fee will be paid on execution of a lease by Owner and a tenant. 83 D. Owner will pay Broker's Fee in United States currency. If Owner fails to pay Broker any amount when due under this Contract, 84 then the amount owed will bear interest at the rate of 15 percent per year. 85 E. Owner will pay Broker's Fee after the Ending Date of this Contract IF: 86 1. The Property is sold, leased, or exchanged in whole or in part within 365 days of the Ending Date, AND 87 2. The Property was presented to buyer /tenant, or buyer /tenant negotiated to buy or lease the Property, during the tern of this Contract. 88 Owner will not owe Broker's Fee under the provisions of this paragraph 8(E) if, after the expiration of this Contract, Owner 89 has entered into an exclusive right to sell or lease contract for the Property with another broker at the time of the sale. 90 9. ADDITIONAL PAYMENT PROVISIONS 91 A. If 92 - 1. A lease term is renewed, extended, or a new lease agreement is executed with the same tenant, or there is any other 93 continued tenancy, AND /OR 94 2. Buyer /tenant occupies additional space or relocates to other space of Owner's, then Owner will pay the Broker's Fee in 95 paragraph 6(C). Broker's Fee will be earned at the time the extended term begins or the additional space is occupied. 96 B. If a buyer /tenant under a lease for which a Broker's Fee is payable under this Contract, its successors or assigns, or any agent, 97 officer, employee or shareholder of a buyer /tenant purchases the Property, whether strictly in accordance with the terms of 98 any option, right of first refusal, similar right or otherwise during the term of the lease, any extension thereof, or within 99 365 days after the expiration thereof then Owner will pay the Broker's Fee in paragraph 6(B). 100 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 101 percentage rent payable by the buyer /tenant at the rate applicable to the period of the lease term for which the percentage 102 rent is payable. The Broker's Fee will be paid within 15 days after receipt of each buyer /tenant payment. 103 D. In the event Owner sells or otherwise disposes of Owner's interest in the Property, Owner must pay Broker's Fee as set forth 104 in this Contract or any other agreement of which it is a party. In this case, all payments will immediately become due and 105 payable in full prior to sale, including those fees otherwise payable over the term of any lease(s) or otherwise payable in the future. 106 10. BROKER'S FEE IF SALE OR LEASE DOES NOT OCCUR 107 In the event of any of the following, Broker's Fee will be calculated on the listed price ofthe Property. Owner will pay Broker's Fee when: 108 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 by Broker PREPARED BY: Kenneth A. Walker, Associate Broker XLS -C, Listing Contract- Exclusive Right to Sell and /or Lease Commercial Property, 6/07. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 ReaIFA$TB Software, 02010 V 6 6!16. Software Registered to: Kenneth A. Walker, RE /MAX Realty Professionals, Inc. Broker /Licensee Initials: 06/03/10 16:58:25 Page 2 of 5 Owner Initials: 109 or by anyone, including Owner. A willing buyer is one who will buy the Property at the price and terms stated in this Contract, or at 110 any other price and terms agreeable to Owner. A willing tenant is one who will lease the Property at the price and terms stated in 111 this Contract, or at any other price and terms agreeable to Owner. 112 B. The Property, or any part of it, is taken by any government for public use (Eminent Domain) which makes the Property 113 unmarketable in its total state as offered in this Contract. 114 C. The Property, or an interest in it, is voluntarily or involuntarily donated or transferred. 115 D. Owner is a partnership, joint venture, limited liability company, corporation, trust or other entity, and any interest in Owner 116 is voluntarily or involuntarily sold, contributed, conveyed, or transferred to another person or entity that, as of the date of this 117 Contract, does not have any ownership interest in Owner. 118 E. Owner withdraws the Property from the market; acts as if the Property is not on the market; breaches, terminates or cancels 119 this Contract; causes or allows the Property to be made unmarketable or to be reduced in value; or fails to do the things 120 required of Owner in the Agreement of Sale or Lease. 121 11. BROKER'S FEE IN CASE OF BUYER/TENANT DEFAULT 122 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 123 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 124 will pay Broker: 125 A. 50% /half of /from monies paid by buyer /tenant on account of the transaction, including, but not limited to, 126 extension fees, option payments, liquidated damages, judgments, etc., OR 127 B. Broker's Fee, whichever is less. 128 12. DUAL AGENCY 129 Owner agrees that Broker may also represent the buyer(s) /tenant(s) of the Property. Broker is a DUAL AGENT when representing 130 both Owner and the buyer /tenant in the sale /lease of a property. 131 13. DESIGNATED AGENCY 132 ❑ Not Applicable. 133 ❑ Applicable. Broker may designate licensees to represent the seperate interests of Owner and the buyer /tenant. Licensee is the 134 Designated Agent, who will act exclusively as the Agent for the Owner. If Property is introduced to the buyer /tenant by a licensee 135 in the Company who is not representing the buyer /tenant, then that licensee is authorized to work on behalf of the Owner. If licensee is 136 also the Agent for the buyer /tenant, then Licensee is a DUAL AGENT. 137 14. BROKER'S SERVICES TO BUYER Broker may provide services to a buyer for which Broker may accept a fee. Such services may 138 include, but are not limited to: deed/document preparation; ordering certifications required for closing; financial services; title transfer and 139 transfer and preparation services; insurance, construction, repair, or inspection services. 140 15. OTHER PROPERTIES Owner agrees that Broker may list other properties for sale or rent, and that Broker may show other properties to 141 prospective buyers /tenants. 142 16. ADDITIONAL OFFERS Unless prohibited by Seller, if Broker is asked by a buyer or cooperating broker about the existence of other 143 offers on the Property, Broker will reveal the existence of other offers and whether they were obtained by the Licensee identified in this 144 Contract, by another Licensee working with Broker, or by a cooperating Broker. ONCE SELLER ENTERS INTO AN AGREEMENT OF 145 SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 146 17. OWNER REPRESENTS 147 Owner represents and warrants that: 148 A. Owner, or each person signing this Contract on behalf of Owner, has the full right, power and authority to execute this 149 Contract as or on behalf of Owner; 150 B. Owner owns the Property and/or has the full right, power, and authority to complete the sale or lease as provided in this Contract; 151 C. Neither Owner nor the Property is the subject of a bankruptcy, insolvency, probate, or conservatorship proceeding; 152 D. Owner has no notice or knowledge that any tenant or sub -tenant of the Property, if any, is the subject of a bankruptcy or 153 insolvency proceeding; 154 E. There are no effective, valid, or enforceable option rights, rights of first refusal, rights of first offer, or any other restrictions, 155 impediments, or limitations on Owner's right, ability, and capacity to complete a sale or lease of the Property, except as 156 disclosed in writing as required in paragraph 5(C). 157 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: 158 1. Mortgagee Account # 159 Address Phone 160 Approx. Balance 161 2. Additional mortgage, equity loans, debts, liens, judgments, or taxes in arrears, municipal notices or assessments received, 162 mineral rights agreements, etc. 163 18. OWNER AUTHORIZES BROKER 164 Owner authorizes: 165 ® SaleSigns ® Sold Signs ® Key in Office ® LockBox ® General Advertising 166 ® Distribution of information regarding the Property to: a Multiple Listing Service, to economic development agencies; other brokers; 167 and potential buyers and tenants of the Property. All information given to Broker by Owner can be used by Broker as Broker deems 168 appropriate. After the sale or lease has been completed, Broker may publicize the terms of the sale or lease. 169 ® Other Web Site 170 19. COPYRIGHT 171 In consideration of Broker's efforts to market Seller's Property as stated in this Contract, Seller grants Broker a non - exclusive, world -wide PREPARED BY: Kenneth A. Walker, Associate Broker XLS -C, Listing Contract- Exclusive Right to Sell and /or Lease Commercial Property, 6/07. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 RealFAST® Software, ©2010, rrsiipn 6 Software Registered to: Kenneth A. Walker, RE /MAX Realty Professionals, Inc. I 06/03/10 16:58:25 t�(Eage 3 of 5 / Broker /Licensee Initials: Owner Initials: 172 license (the "License ") to use any potentially copyrightable materials (the "Materials ") which are related to the Property and provided by 173 Seller to Broker or Broker's representative(s). The Materials may include, but are not limited to: photographs, images, video recordings, 174 virtual tours, drawings, written descriptions, remarks, and pricing information related to Seller's Property. This License permits Broker to 175 submit the Materials to one or more multiple listing services, to include the Materials in compilations of listings, and to otherwise distribute, 176 publicly display, reproduce, publish and produce derivative works from the Materials for any purpose that does not conflict with the 177 express terms of this Contract. The License may not be revolted by Seller and shall survive the ending of this Contract. Seller also grants 178 Broker the right to sublicense to others any of these rights granted to Broker by Seller. Seller represents and warrants to Broker that the 179 License granted to Broker for the Materials does not violate or infringe upon the rights, including any copyrights, of any person or entity. 180 Seller understands that the terms of the License do not grant Seller any legal right to any works that Broker may produce using the Materials. 181 20. PROPERTY INFORMATION 182 Owner is hereby advised of Owner's duty to disclose known material defects and conditions about the Property. If the Property contains not 183 less than one and not more than four residential dwelling units Owner be may required by the Real Estate Seller Disclosure Law (68 184 C.S. § 7301 et seq.) to disclose these defects and conditions on a separate disclosure statement. 185 A. Within 5 days of the Starting Date of this Contract, Owner [] will ❑ will not deliver a completed Property Information Sheet 186 to Broker. 187 B. Owner represents and warrants that there are no known material defects or environmental hazards affecting the Property 188 including, but not limited to, contamination by radon gas, asbestos, polychlorinated biphenyls, underground storage tanks, or 189 petroleum products, except as noted on a separate disclosure statement or as follows: 190 None Known 191 C. Owner hereby agrees to indemnify, defend (with counsel reasonably acceptable to Broker), and hold Broker harmless against 192 claims, actions, suits, liabilities, costs, and expenses arising out of Owner's failure to disclose known material defects and 193 conditions, including judgments, costs of defense, attorneys' fees, and settlement. This clause will survive the Contract. 194 21. PROPERTY MAINTENANCE 195 A. Owner has full responsibility for maintenance, repair, replacement, operation, and security of the Property. Broker will not 196 be liable for any loss, damage, or injury to the Property or to Owner, any tenants of the Property, any buyer, prospective 197 buyer, tenant, or prospective tenant, or any other person, including those that may occur as a result of Broker's use of a lock 198 box. Owner will hold harmless Broker, Licensee, Broker's employees and agents, and will indemnify such persons 199 and entities from and against all claims, suits, and liability as may arise from property damage or injuries that occur on or 200 about the Property, including judgments, costs of defense, attorneys' fees, and settlement. 201 B. Owner hereby releases and relieves Broker, and waives Owner's entire right of recovery against Broker, for direct or consequential 202 loss or damage arising out of or incident to the perils covered by insurance carried by Owner, whether or not due to the 203 negligence of Broker. 204 22. DEPOSIT MONEY 205 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 206 buyer in an escrow account. This escrow account will be held as required by real estate licensing laws and regulations until 207 the sale or exchange of the Prpoerty is final. Owner agrees that the person keeping the deposit monies may wait to deposit 208 any uncashed check that is received as deposit money until Owner has accepted an offer. 209 B. If Owner joins Broker or Licensee in a lawsuit for the return of deposit monies, Owner will pay Broker's and Licensee's attorneys' fees 210 and costs. 211 23. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling 212 (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. 213 The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete 214 details about the Fund, call (717) 783 -3658, or (800) 822 -2113 (within Pennsylvania) and (717) 783 -4854 (outside Pennsylvania). 215 24. TRANSFER OF THIS CONTRACT 216 A. Broker will notify Owner immediately in writing if Broker transfers this Contract to another broker when: 217 1. Broker stops doing business, OR 218 2. Broker forms a new real estate business, OR 219 3. Broker joins his business with another. 220 Owner agrees that Broker may transfer this Contract to another Broker. Broker will notify Owner immediately in writing 221 when a transfer occurs or Broker will lose the right to transfer this Contract. Owner will follow all requirements of this Contract 222 with the new broker. 223 B. Should Owner give or transfer the Property, or an ownership interest in it, to anyone, or should ownership change during the term 224 of this Contract, all owners will follow the requirements of this Contract. 225 25. NOTICE TO PERSONS OFFERING TO SELL OR RENT REAL PROPERTY IN PENTNSYLVANIA Federal and state laws make 226 it illegal for Owner, Broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABILITY (physical or 227 mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/ 228 TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL 229 KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as 230 reasons for any decision relating to the sale of property. 231 26. NO OTHER CONTRACTS Owner will not enter into another listing contract for the Property with another broker that begins before the 232 before the Ending Date of this Contract or any extensions thereof. 233 27. ALTERNATIVE TRANSACTION If the sale or lease of the Property changes to any other transaction, including but not limited to sale, 234 lease, exchange, option to buy, right of first refusal, ground lease, sublease or assignment of lease, or expansion or relocation of Tenant in 235 any other property of Owner, then Broker will be Owner's sole and exclusive Agent for the transaction and will represent Owner under the PREPARED BY: Kenneth A. Walker, Associate Broker XLS -C, Listing Contract- Exclusive Right to Sell and /or Lease Commercial Property, 6/07. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2007 ReaIFA$TO Software, ©2010, Ve sion 6.16. are Registered to: Kenneth A. Walker, RE /MAX Realty Professionals, Inc. Broker /Licensee Initials: 06103/10 16:58:25 Page 4 of 5 Owner Initials: '236 the terms and conditions of this Contract. 237 28. CONFLICT OF INTEREST A conflict of interest is when a Broker has a financial or personal interest where Broker cannot put Owner's 238 interests before any other. If the Broker, or any of Broker's salespeople, has a conflict of interest, Broker will notify Owner in a timely 239 manner. 240 29. ENTIRE CONTRACT This Contract is the entire agreement between Owner and Broker. Any verbal or written agreements that were 241 made prior to the signing of this Contract are not a part of this Contract and are not binding. 242 30. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Owner. 243 31. BANKRUPTCY Owner will notify Broker immediately in the event the Property comes under the jurisdiction of a bankruptcy court. If 244 Owner is the subject of bankruptcy, Owner will take all steps necessary to obtain court approval of Broker's appointment to sell or lease 245 the Property, unless Broker elects to terminate this Contract upon notice of the bankruptcy. 246 32. NOTICE BEFORE SIGNING When signed by both parties, this is a legal contract. Owner acknowledges that Broker has advised 247 Owner to consult and retain experts to advise and represent Owner concerning the legal and tax effects of this Contract and the completion 248 of the sale, lease, or alternative transaction, as well as the condition and /or legality of the Property, including, but not limited to, the 249 Property's improvements, equipment, soil, tenancies, title and environmental aspects. Broker will have no obligation to investigate any such 250 matters unless expressly agreed to in writing by Broker and Owner. Owner further acknowledges that in determining the financial 251 soundness of any prospective buyer, tenant, or security offered, Owner will rely solely on Owner's own investigation, regardless of 252 Broker's assistance in gathering information. 253 Owner has read the Consumer Notice as adopted by the State Real Estate Commision at 49 Pa. Code §35.336. 254 255 Owner gives permission for Broker to send information about this transaction to the fax number(s) and /or e-mail address(es) listed below. 256 257 Owner has read the entire Contract before signing. All Owners must sign the Contract. 258 Return by facsimile (FAX) constitutes acceptance of this Contract. 259 NOTICE BEFORE SIGNING: IF OWNER HAS LEGAL QUESTIONS, OWNER IS ADVISED TO CONSULT AN ATTORNEY. Koskap Partners . P.O- Box 367, East Petersburg, PA 17520 Bus. #: 717- 519 -1524 Fax #: 717- 519 -1525 OWNER _ - �� DATE C C(J By: Earl os 260 261 E -MAIL: _ 262 BROKER (Company Name) 263 ACCEPTED BY: DATE PREPARED BY: Kenneth A. Walker, Associate Broker Y.LS -C, Listing Contract - Exclusive Right to Sell and /or Lease Commercial Property, 6/07. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2007 RealFA$TO Software, 02010, Version 6.16. Software Registered to: Kenneth A. Walker, RE/MAX Realty Professionals, Inc. Broker /Licensee Initials: 06/03/10 16:58:25 ge 5 of 5 FFbM :' �, FAX N0. Dec. 07 2010 11:057`1 F'1 i��nfir�n r:t AP RaT 7 1 -,qI d APRK Arx„aan usiTGA rltilrtair,n� CAGE TO LI6°MVG CONTR_ CT SELLER 3�onkap ger�&Cs� A tR0'CG111]5 of le ib nve' r.istintr i"rmtvk nc -PAIb vp- 1 �ndgnu T�atr, of t¢� Iis Gu�at tiJ! N t`• 2 , wed to; .xo. aai t �str� 1'riCf, is r'b2n$ed tn: 3- +°4ppoiut i)esigna,ted qg,�i��� - - 5t91�et'=uji= the ae—"WY r @7AtinMKr%9 IVAiri TL�Aer Fl:ui��t. who G?o ao lea `��1lcA. 4 - Fta�avo Il �acu�t�s). AfI otb6: firms rwd condition of t� �YItC ConisGt rrtx�alu uslatttYgod and in &r1l force and �fft. AoOS,zv B rGoera 1 . 3"sLLY;y, L v ud4+Jnst � i �C4>'stp8ll`YI� T aA3 ®� ,N_4�+Rt =.Q E2HflaA =- •�.ul. P. . DAT 1- t'AN-F -D BY; Ken4MA, Vh,W.V A:o000late KaT �L ^ -. CFsnu to �mi� Conanc[, wo,, pwinv�4vcrL,,�- �..u�unn oSr.. =_aLTGf(549 OCiP'4�+s�1'i rei.noi�y.uV,M ({ IWIN U; NtALI'J}Ly�1H� P�t�,l,'T�.°crhm_re, � 6.16. SotlWarc aegirtw'dQU+; rtrind.�14.14!¢lkpr, Hcwar6 Hemp ficalSetP�6er�ivox ,JocJ,o,z:tblSe F�u4 eft ������� C OMPLETE • N COMPLETE THIS SECTION ON D ELIVERY ■ Complete items 1, 2, and 3. Also complete r A. /Signature item 4 if Restricted Delivery is desired. ' / El Agent X ■ Print your name and address on the reverse W '111 �� Ii a ��// ❑ Addressee so that we can return the card to you. B. Recei ed by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes 1 If YES, enter delivery address below: ❑ No r Koskap Partners 507 Bedford 5 e 3. Service Type L ItItZ, PA — 9Certified Mail ❑ Express Mail ] 6 Registered p5Retum Receipt for Merchandise. y 13 Insured Mail IE3 C.O.D. I 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number I t f L 7 012 . O Lb d d'01_ 18 9 5 5' 1 1f 7 5111 1 (Transfer from service label) _ PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 J SENDER: COMPLETE THIS SECTION • • ON D ELIVERY ■ Complete items 1, 2, and 3. Also complete ignature item 4 if Restricted Delivery is desired. ❑ Agent y ■ Print your name and address on the reverse ❑ Addressee `+ so that we can return the card to you ecei a by (Printe ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No r Earl Kosowsky 507 Bedford Place Lititz, PA 17543 3. Service Type Certfied Mail ❑ Express Mail (❑ Registered 1 0 Return Receipt for Merchandise ❑ Insured Mail 113 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number C t JP !0 1 '2 ;04 0' 00010 4 95 b 1'7 6 8 (Transfer from service label) — . , , PS Form 3811 February 2004 Domestic Return Receipt 102595 -02 -M -1540 CALDWELL & KEARNS JAMES R. CLIPPINGER A PROFESSIONAL CORPORATION OF COUNSEL JAMES L. GOLDSMITH STANLEY J.A. LASKOWSKI ATTORNEYS AT LAW JAMES D. CAMPBELL, JR. DOUGLAS K. MARSICO CHARLES J. DEHART, III BRETT M. WOODBURN MICHAEL D. REED MICHAEL A. FARRELL 3631 NORTH FRONT STREET THOMAS D. CALDWELL, JR. THOMAS ICELLI HARRISBURG, PENNSYLVANIA 17110 -1533 PETER M. . GOOD (1928 -2001) GOOD ELIZABETH H. FEATHER CARL G. WASS DAVID A. WION 717- 232 -7661 (1937 -2010) JEAN D. SEIBERT FAX: 717 - 232 -2766 GREGORY D. GEISS RICHARD L. KEARNS THOMAS S. LEE RETIRED JESSICA E. MERCY THEFIRM @CKLEGAL.NET JOSEPH S. SWARTZ EnTBil:.igoldsmitli n CI(Legal.net March 21, 2014 Via Certified Mail -7012 0470 0000 8955 1751 Via Certified Mail -7012 0470 0000 8955 1768 and 1 St -Class Mail and V -Class Mail Koskap Partners Earl Kosowsky 507 Bedford Place 507 Bedford Place Lititz, PA 17543 Lititz, PA 17543 Re: Notice of Broker Lien This office represents Howard Hanna Company d /b /a Howard Hanna Real Estate Services in the collection of a commission earned with respect to the lease of property located at 2500 Gettyburg Road, Camp Hill, Pennsylvania. With respect to this claim, you will find enclosed with this correspondence a Notice of Intent to Record a Claim for Lien. It is suggested that you forward these documents to your legal counsel for review. It is the preference of our client that this be resolved without the necessity of litigation and to that end we invite your counsel to contact the undersigned as soon as reasonably possible. Very truly yours, / ' i Ja es L. Go With J s S. S •tz ALDWEL & KEARNS, P.C. JLG:pkw Enclosure cc: Cluis Detweiler (via email) 03432- 004 /FL *5945 i James L. Goldsmith, Esquire Attorney I.D. #27115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232 -7661 (717) 232 -2766 (fax) Atlor revs for Plaintiff Hoivar°d Hanna Real Estate Services HOWARD HANNA COMPANY d /b /a IN THE COURT OF COMMON PLEAS HOWARD HANNA REAL ESTATE SERVICES CUMBERLAND COUNTY, PENNSYLVANIA 3310 Market Street Camp Hill, PA 17011 ; Plaintiff, V. No. KOSKAP PARTNERS, EARL KOSOWSKY 507 Bedford Place Civil Action Lititz, PA 17543 Defendants NOTICE OF COMMERCIAL REAL ESTATE BROKER LIEN To: Koskap Partners and Earl Kosowsky 507 Bedord Place Lititz, PA 17543 RE: Commercial Real Estate Broker Lien with regard to premises situate on 2500 Gettysburg Road, Camp Hill, Cumberland County Tax Identification Number 13 -23- 0549 -003A Be advised that Claimant, Howard Hanna Company d /b /a Howard Hanna Real Estate Services, License Number R0300597, is entitled to compensation in the amount of $3,337.20 udder the terms set forth in the written Exclusive Right to Sell and /or Lease Commercial Property Listing Contract between Claimant and Owners, Koskap Partners (a Pennsylvania Limited Partnership) and Earl Kosowsky, dated June 10, 2010, and intends to claim a lien on the commercial real property described as follows: 2500 Gettysburg Road, Camp Hill, Cumberland County, Perulsylvania 17011 Tax I.D. No. 13- 23- 0549 -003A See Deed attached hereto as Exhibit "A" Pursuant to Section 10 of the Real Estate Broker Lien Act, Act 34 of 1998, 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 arnount 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 allow the transaction to close are available and are acceptable to the broker in the transaction. Respectfully submitted, CALDWELL & KEARNS Dated: Marc 014 By: �! y VJani .r . Goldsmith, Esqu' y I.D. #27115 ELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232 -7661 (717) 232 -2766 Fax j goldsmith @cklegal.net A1107 °17eys for Plaintiff HoIV07 -d HwMa Real Estate Services EXHIBIT b a 3 1 - (08ERT - Z IEGLER (iECOF,DEi� OF �EEC)F• 2004 DEC 21 Pn 12 00 J i THIS DEED I ^ I � i Made the --�- -- day of December, 2004, BETWEEN MECHANICSBURG LAND COMPANY, a Pennsylvania Corporation, of Mechanicsburg, Cumberland County, Pennsylvania, Party of the First j Part, hereinafter designated as GRANTOR; i AND KOSKAP PARTNERS, a Pennsylvania Limited Partnership, of Lancaster County, Pennsylvania, Party of the Second Part, hereinafter designated as GRANTEE. WITNESS, that the said Grantor for and in consideration of the sum of ONE TWO MILLION EIGHT HUNDRED THOUSAND ($2,800,000.00) DOLLARS, lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain and sell, release and confirm unto the said Grantee, their heirs and assigns, ALL THAT CERTAIN parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point where the easterly line of land now or formerly of Paul L. Cressman and wife meets the general northerly line of State Highway Route Number 15 (Gettysburg Pike), 36 feet wide; extending from said beginning point the following courses and distances; North 9° 42' West along said easterly line of land now or formerly of Paul L. Cressman and wife 922.65 feet to the northeast angle corner of said last mentioned land and in a southerly line of land of The Penn Central Transportation Company, thence North 74° 56' East along said southerly fine of The Penn Central Transportation Company on a line parallel with and distance of 65 feet southwesterly at right angles from the center line of the Railroad, known as the Cumberland Valley Branch; Philadelphia Division of the Penn Central Railroad 608.89 feet to an angle comer of the parcel of land now or formerly owned by Summit Terminals, Inc.; thence South 40 11' West 160.60 feet to another angle corner; thence South 15 31' 30" East 146.89 feet to a point; thence South 63 27' 30" West 29.22 feet to a point; thence South 74 45' West 5.32 feet to a point; thence South 15 31' 30" East 203.74 feet to a point at lands now or formerly of Summit Corporation; thence by same tbu 265 r„ -74059 _ i d I iII11111 I I 1. TT R I • I r x N . ri ... .µ..rrtilra r l�" vrx +ilYl' . Ib•�rim .. ..... . • i rr r. I , r South 75 00' West 225.40 to a point; thence by the same (and in part along the center of a 25 feet wide private access road leading from Old Gettysburg Pike) South 15 19' East 521.69 feet to the northerly line of Old Gettysburg Pike; thence along said northerly line of Old Gettysburg Pike these following courses and distances: (1) South 82 57' West 100.12 feet; (2) South 84 23' West 100.03 feet, and (3) South 85° 17' West 113,05 feet to a point, the place of BEGINNING. BEING the same premises which AMP Incorporated, a New Jersey corporation, now by merger known as AMP Incorporated, a Pennsylvania corporation, with offices located at 470 Friendship Drive, Harrisburg, Pennsylvania by their deed dated June 22, 1998 and recorded June 25, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 179, Page 1100, granted and conveyed unto Mechanicsburg Land Company, a Pennsylvania corporation, In fee. TOGETHER with all and singular the buildings, improvements, ways, woods, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reservation and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. in all references herein to any parties, persons, entities or corporations, the sue of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever In this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. I I I BOOK 266 `, x-4060 l I I y IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and Its corporate seal to be affixed hereto, the day and year first above written. i SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF 1 OR ATTESTED BY MECHANICSBURG LAND COMPANY By: ' J hn Ortenzio, Pr f I COMMONWEALTH OF PENNSYLVANIA: COUNTY OFCUMBERLAND On this, the S day of December, 2004, before me, the undersigned officer, personally appeared John Ortenzio, who acknowledged himself to be the President of Mechanicsburg Land Company, a corporation, and that Ile, as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I Certify this to be recorded In Cumberland County PA otary Public COMMONWEALTH OF PENNSYLVANIA y Commission Expires: \, •. � NOTARIAL SEAL Recorder of Deeds (SEAL) JOHN R. FENSTERMACHER, Notary Public Mechanicsburg Boro•, Cumberland County My Commission Expirm June 1, 20D6 I HEREBY CE I T H ID r,OMPLETE POST OFFICE ADDRESS O� � �K a ^C7 gTjj ! 1 1 �� �h n D V1 Street r Clt St Zip f \J rn lil • y,. +.aY rf+ � rR BOOK M66 pAcF406i 8wwoa8 1 �orauto cc.n �ogo � r� 0 o c� o o g �s r� '•_ i CERTIFICATE OF SERVICE AND NOW, this ZIC5¢ day of March, 2014, 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: Koskap Partners and Earl Kosowsky 507 Bedford Place Lititz, PA 17543 CALDWELL KE:; By_ �� 03432 - 002 /FL *5890 CERTIFICATE OF SERVICE AND NOW, this 1 st day of April, 2014, I hereby certify that I have served true and correct copy of the Commercial Real Estate Broker Lien by certified mail upon the person identified below and addressed as follows: Certified Mail No. 7012 0470 0000 8955 1782 Koskap Partners 507 Bedford Place Lititz, PA 17543 Certified Mail No. 7012 0470 0000 8955 1775 Earl Kosowsky 507 Bedford Place Lititz, PA 17543 CALDWEL & KEARNS By 03432 - 005 /FL *5308 James L. Goldsmith, Esquire Attorney I.D. #27115 Joseph S. Swartz, Esquire Attorney I.D. #314878 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 / (717) 232-2766 (fax) Attorneys for Plaintiff Howard Hanna Real Estate Services - L_ HOWARD HANNA COMPANY d/b/a : IN THE COURT OF COMMON PLEAS HOWARD HANNA REAL ESTATE SERVICES : CUMBERLAND COUNTY, PENNSYLVANIA 3310 Market Street Camp Hill, PA 17011 Plaintiff, v. KOSKAP PARTNERS, EARL KOSOWSKY 507 Bedford Place Lititz, PA 17543 Defendants : No. 14 -1953 -CV : Civil Action PRAECIPE TO SETTLE, DISCONTINUE AND END TO: THE PROTHONOTARY Please mark the above -captioned matter settled, discontinued and ended . Dated: June 4, 2014 ,By: Respectfully submitted, CALDWELL & KE Ja . ~ s oldsmi h;'tsquire At rney I.D. #27115 oseph S. S,rtz, Esquire Attorn.D. #314878 WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@cklegal.net / jswartz@cklegal.net . Attorneys for Plaintiff Howard Hanna Real Estate Services C CERTIFICATE OF SERVICE AND NOW, this day of June, 2014, I hereby certify that I have served true and correct copy of the Praecipe 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: li 03432-005/FL*10397 Adam E. Kosowsky, Esq. 600-G Eden Road Lancaster, PA 17601