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HomeMy WebLinkAbout05-1786 REAGER & ADLER, PC Thomas O. Williams, Esquire Attorney J.D. No. 67987 Theodore A. Adler, Esquire Attorney J.D. No. 16267 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ NO.: OS - J7Pfo C"Ut' L ~&LWl COMMERICAL INDUSTRIAL REALTY CO., v. WILLIAM R. GRACE AND ELIZABETH GRACE, HUSBAND AND WIFE, CIVIL ACTION - AT LAW Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. District Court Administrator Cumberland County Courthouse 1 Courthouse Square, 3R Carlisle, P A 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClON, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. District Court Administrator Cumberland County Courthouse 1 Courthouse Square, 3R Carlisle, P A 17013 (717) 240-6200 2 COMMERICAL INDUSTRIAL REALTY CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff : NO.: OJ'''.r /1?(r7 v. WILLIAM R. GRACE AND ELIZABETH GRACE, HUSBAND AND WIFE, CIVIL ACTION - AT LAW Defendants COMPLAINT 1. Plaintiff is Commercial Industrial Realty Co., (hereinafter "CIR"), a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1015 Mumma Road, Wormleysburg, Pennsylvania, 17043. 2. Defendants are William R. Grace and Elizabeth Grace, (hereinafter collectively referred to as "Grace"), adult individuals, husband and wife, with a principle address of 1705 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. It is believed and therefore averred that Defendants William R. Grace and Elizabeth Grace are the record owners of the properties which are the subject of this Complaint. 3. At all times relevant to this Complaint, CIR was and is a licensed real estate broker in the Commonwealth of Pennsylvania. 4. At all times relevant to this Complaint, Defendant William R. Grace executed all of the Agreements with CIR which are the subject ofthis Complaint with the authority of, and on behalf of, all owners of the properties which are the subject of the Agreements and this Complaint. COUNT I Breach of Contract (1400 Hummel Avenue) 5. On or about September 17, 1997, CIR and Grace entered into a written exclusive authorization to lease agreement to lease property owned by Grace known as 1400 Hummel Avenue, located in Lower Allen Township, Cumberland County, Pennsylvania. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "A". 6. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 6% ofthe total aggregate gross rental for leasing Grace's property. 7. CIR in fact did locate tenants for Grace for the aforesaid property and Grace subsequently entered into two lease agreements with Centimark Roofing and Scott and Kim Braasch (DBA Cheertyme) to occupy the property. CIR was the effective procuring cause of the leasing of the premises to Centimark Roofing and Scott and Kim Braasch. 8. Upon information and belief, Scott and Kim Braasch have remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. It is believed and therefore averred that Centimark vacated the leased premises on February 1, 2003. It is believed and therefore averred that Braasch has increased its occupancy to include the space vacated by Centimark. 9. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace, as owner, is further obligated to pay a renewal commission to CIR equal to 6% of the aggregate gross rental for the new term, renewal term, extended term or period of holding over as the case may be. 10. Further, under the agreement, in the event of a sale or assignment of the property which includes the leased premises, Grace agreed to secure from the purchaser or assignee a 2 written recordable agreement under which the new owner or assignee assumed payment to CIR of all commissions payable. 11. Grace has paid some ofthe commissions to CIR as they have come due under the agreement, but has failed and refused to pay all applicable commissions to which CIR is entitled. 12. Despite demand from CIR, Grace has failed and refused to pay all commissions to which CIR is entitled as they have come due. 13. Under the agreement, in addition to the outstanding commissions due, CIR is entitled to recover costs and reasonable attorney's fees. 14. All conditions precedent for the bringing of this action have occurred and/or have been performed. 15. Grace's failure and refusal to pay commissions to CIR as they have come due constitutes a breach of contract. 16. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants as is required under the agreement which precludes CIR from accurately accounting for the exact amount of commissions due and to become due in the future. 17. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR has suffered damages in excess of$10,584.00. The commission amounts due CIR and damages suffered will continue to increase as long as the tenant occupies the Graces' leased premIses. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests 3 this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $10,584.00 plus costs, interest and attorney's fees under Count 1. COUNT II Breach of Contract (430 Oak Street. Lemovne. PA) 18. On or about May 9, 1996, CIR and Grace entered into a commission agreement to lease the property owned by Grace, and known as 430 Oak Street, Lemoyne, Cumberland County, Pennsylvania. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "B". 19. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 6% of the total aggregate gross rental for leasing Grace's property. 20. CIR in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into a lease agreement with National Icee to occupy the space. CIR was the effective procuring cause ofthe leasing of the premises to National Ieee. 21. Upon information and belief, National Ieee has remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 22. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission 4 to CIR equal to 8% of the aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 23. Grace has paid some of the commissions to CIR as they have become due under the agreement, but has advised CIR that he will not pay any further commissions despite the continued occupancy of National Icee in breach of the contract. 24. All conditions precedent for this bringing of this action have occurred and/or have been performed. 25. Grace's refusal to pay commissions to CIR as they become due constitutes a breach of contract. 26. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants as is required by the agreement, which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 27. As a result of Grace's refusal to pay commissions as they come due, CIR will suffer damages in the form oflost commissions through the period of National Icee's tenancy. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace under Count II equal to the amount of commissions due Plaintiff at the time of judgment and into the future for as long as National Icee occupies the leased premises. COUNT III Breach of Contract (2238 Gettvsbure Road) 28. On or about June 6, 1996, CIR and Grace entered into a written exclusive authorization to lease agreement to lease the property owned by Grace, and known as 2238 5 Gettysburg Road, located in Lower Allen Township, Cumberland County, Pennsylvania. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "C". 29. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 8% of the total aggregate gross rental for leasing Grace's property. 30. CIR in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into a lease agreement with Lower Allen Township E.M.S. to occupy the space. CIR was the effective procuring cause of the leasing of the premises to Lower Allen Township E.M.S. 31. Upon information and belief, Lower Allen Township E.M.S. has remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 32. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission to CIR. equal to 8% of the aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 33. Further, under the agreement, in the event of a sale or assignment of the property which includes the leased premises, Grace agreed to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumed payment to CIR. of all commissions payable. 6 34. Grace has paid some ofthe commissions to CIR as they have come due under the agreement. 35. Despite demand from CIR, Grace has failed and refused to pay further commissions as they have come due. 36. Under the agreement, CIR is entitled to recover costs and reasonable attorney's fees. 37. All conditions precedent for this bringing ofthis action have occurred and/or have been performed. 38. Grace's failure and refusal to pay commissions to CIR as they have come due constitutes a breach of contract. 39. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants as is required under the agreement, which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 40. As a result of Grace's failure and refusal to pay commissions as they have come due, eIR has suffered damages in excess of $6,804.00. The amount of commissions due CIR and damages suffered will continue to increase for as along as the tenant occupies the Graces' leased premises. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $6,804.00 plus costs, interest and attorney's fees under Count III. 7 COUNT IV Breach of Contract (418 Market Street. Rear Lot #4. Lemovne. P A) 41. On or about December 1, 1993, CrR. and Grace entered into a written commission agreement to lease the property owned by Grace, and known as 418 Market Street, Rear Lot #4, located in Lower Allen Township, Cumberland County, Pennsylvania, also known as 400 James Street, Building 5, Lot 4. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "D". 42. Under the terms of the agreement, Grace agreed to pay CrR. a commission equal to 4% of the total aggregate gross rental for leasing Grace's property. 43. CrR. in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into a lease agreement with BAPS Auto Paint and Supply to occupy the space. CrR. was the effective procuring cause of the leasing of the premises. 44. Upon information and belief, BAPS Auto Paint and Supply has remained in the aforesaid leased premises owned by Grace through the date of this Complaint and which will continue to occupy the leased premises indefinitely into the future. 45. The agreement between CrR. and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission to CrR. equal to 4% ofthe aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 8 46. Grace has paid some of the commissions to CIR as they have become due under the agreement. 47. Despite demand from CIR, Grace has failed and refused to pay further commissions as they have come due. 48. All conditions precedent for this bringing ofthis action have occurred and/or have been performed. 49. Grace's failure and refusal to pay commissions to CIR as they have become due constitutes a breach of contract. 50. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 51. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR has suffered damages in excess of$3,016.00. The amount of commissions due CIR and the amount of damages suffered will continue to increase for as long as the tenant occupies the Graces' leased premises. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $3,016.00 plus costs and interest under Count IV. COUNT V Breach of Contract (2240 Gettvsbure: Road) 52. On or about August 6,2001, CIR and Grace entered into a written exclusive authorization to lease agreement to lease the property owned by Grace, and known as 2240 9 Gettysburg Road, located in Lower Allen Township, Cumberland County, Pennsylvania. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "E". 53. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 6% of the total aggregate gross rental if the property was leased during the period covered by the written exclusive authorization to lease agreement. 54. The property was leased to tenants during the period covered by the exclusive authorization to lease agreement and Grace entered into lease agreements with Changing Spaces, Inc. and Quick to occupy the property. 55. Upon information and belief, Changing Spaces, Inc. and Quick have remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 56. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission to CIR equal to 6% of the aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 57. Further, under the agreement, in the event of a sale or assignment of the property which includes the leased premises, Grace agreed to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumed payment to CIR of all commissions payable. 10 58. Despite demand from CIR, Grace has failed and refused to pay commissions as they have come due. 59. Under the agreement, CIR is entitled to recover costs and reasonable attorney's fees. 60. All conditions precedent for this bringing of this action have occurred and/or have been performed. 61. Grace's failure and refusal to pay commissions to CIR as they have become due constitutes a breach of contract. 62. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants as is required by the agreement, which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 63. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR. has suffered damages in excess of$12,939.00. The amount of the commissions due CIR. and the amount of damages will continue to increase for as long as the Tenant occupies the Graces' leased premises. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $12,939.00 plus costs, interest and attorney's fees under Count V. 11 COUNT VI Breach of Contract (3300 Hartzdale Drive) 64. On or about September 17, 1997, CIR and Grace entered into a written exclusive authorization to lease agreement to lease the property owned by Grace, and known as 3300 Hartzdale Drive, located in Lower Allen Township, Cumberland County, Pennsylvania. A true and correct copy ofthe aforesaid agreement is attached hereto as Exhibit "F". 65. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 7% of the total aggregate gross rental for leasing Grace's property. 66. CIR in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into lease agreements with DKDP, Inc., DBA Merry Maids, and Cynthia Adams, DBA Cookies By Design, to occupy the space. CIR was the effective procuring cause of the leasing of the premises. 67. Upon information and belief, DKDP, Inc. and Cynthia Adams have remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 68. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period oftime following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission to CIR equal to 7% of the aggregate gross rental for the new term, renewal term, extended term or period of holding over as the case may be. 12 69. Further, under the agreement, in the event of a sale or assignment of the property which includes the leased premises, Grace agreed to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumed payment to CIR of all commissions payable. 70. Grace has paid some of the commissions to CIR as they have become due under the agreement. 71. Despite demand from CIR, Grace has failed and refused to pay further commissions as they have come due. 72. Under the agreement, CIR is entitled to recover costs and reasonable attorney's fees. 73. All conditions precedent for this bringing ofthis action have occurred and/or have been performed. 74. Grace's failure and refusal to pay commissions to CIR as they have become due constitutes a breach of contract. 75. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount ofleased space of the tenants which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 76. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR has suffered damages in excess of$3,930.00. The amount of the commissions due CIR and the damages will continue to increase for as long as the tenant occupies the Graces' leased premIses. 13 WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $3,930.00 plus costs, interest and attorney's fees under Count VI. COUNT VII Breach of Contract (1002 Bosler Avenue. Lemovne. PA) 77. On or about February 19, 1999, CIR and Grace entered into a written exclusive authorization to lease agreement to lease the property owned by Grace, and known as 1002 Bosler Avenue, located in Lower Allen Township, Cumberland County, Pennsylvania. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "G". 78. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 6% of the total aggregate gross rental for leasing Grace's property. 79. CIR in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into a lease agreement with Circle C Corp to occupy the space. CIR was the effective procuring cause of the leasing of the property. 80. Upon information and belief, Circle C Corp has remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 81. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission 14 to CIR equal to 6% of the aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 82. Further, under the agreement, in the event of a sale or assignment of the property which includes the leased premises, Grace agreed to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumed payment to CIR of all commissions payable. 83. Grace has paid some of the commissions to CIR as they have become due under the agreement. 84. Despite demand from CIR, Grace has failed and refused to pay further commissions as they have come due. 85. Under the agreement, CIR is entitled to recover costs and reasonable attorney's fees. 86. All conditions precedent for this bringing of this action have occurred and/or have been performed. 87. Grace's failure and refusal to pay commissions to CIR as they have become due constitutes a breach of contract. 88. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount of leased space of the tenants which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 89. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR has suffered damages in excess of $1 ,008.00. The amount of commissions due CIR 15 and the amount of damages will continue to increase for as long as the tenant occupies the Graces' leased premises. WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $1,008.00 plus costs, interest and attorney's fees under Count VII. COUNT VIII Breach of Contract (418 Market Street. Rear Lot #3. BuUdine: 2) 90. On or about December 15, 1993, CIR and Grace entered into a written commission agreement to lease the property owned by Grace, and known as 418 Market Street, Rear Lot #3, Building 2, located in Lemoyne, Cumberland County, Pennsylvania, also known as 400 James Street, Building 2, Lot 2. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit "H". 91. Under the terms of the agreement, Grace agreed to pay CIR a commission equal to 6% of the total aggregate gross rental for leasing Grace's property. 92. CIR in fact did locate a tenant for Grace for the aforesaid property and Grace subsequently entered into a lease agreement with MCRR Mechanicals, Inc., DBA The New C.W. Fritz Company (hereinafter "MCRR") to occupy the space. CIR was the effective procuring cause of the leasing of the premises. 93. Upon information and belief, MCRR has remained in the aforesaid leased premises owned by Grace through the date of this Complaint and will continue to occupy the leased premises indefinitely into the future. 16 94. The agreement between CIR and Grace further provides that, in the event that Grace enters into a lease for which CIR is entitled to a commission under the agreement, and if the lease is renewed or extended beyond the initial term, or if the tenant remains in possession pursuant to a new or modified lease for any period of time following the initial term or the renewal term or the extended terms, then Grace is further obligated to pay a renewal commission to CIR equal to 6% of the aggregate gross rental for the new term, renewal term or extended term or period of holding over as the case may be. 95. Grace has paid some of the commissions to CIR as they have become due under the agreement. 96. Despite demand from CIR, Grace has failed and refused to pay further commissions as they have come due. 97. All conditions precedent for this bringing of this action have occurred and/or have been performed. 98. Grace's failure and refusal to pay commissions to CIR as they have become due constitutes a breach of contract. 99. Furthermore, Grace has failed and refused to provide CIR with relevant information pertaining to renewals, extensions and additions to the amount ofleased space of the tenants which precludes CIR from accurately accounting for the exact amount of commissions due in the future. 100. As a result of Grace's failure and refusal to pay commissions as they have come due, CIR has suffered damages in excess of$2,268.00. The amount of the commissions due CIR and the amount of damages will continue to increase for as long as the tenant occupies the Graces' leased premises. 17 WHEREFORE, Plaintiff, Commercial Industrial Realty Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace in an amount in excess of $2,268.00 plus costs and interest under Count VIII. COUNT IX Uniust Enrichment In The Alternative 101. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 100 above as if set forth fully herein. 102. Defendants are believed and therefore averred to be joint record owners of the properties which are the subject of this lawsuit. 103. The Plaintiff provided good and valuable services which led to the leasing of the Defendants' properties as more specifically set forth above. 104. The leasing of the properties, as set forth more particularly above, could not have been completed without the services provided by the Plaintiff. 105. As a result ofthe services provided by the Plaintiff, as more particularly set forth above, Defendants have received steady and substantial income in the form of lease payments from tenants occupying the properties which are the subject of this lawsuit. 106. It is believed and therefore averred that Defendants William R. Grace and Elizabeth Grace share the income received from the tenants in the properties which are the subject of this lawsuit. 107. As a result of Plaintiffs brokerage services, Defendants have become unjustly enriched at the Plaintiff s expense by the amounts set forth above in that they have accepted the substantial valuable benefits ofthe Plaintiffs services without paying for same. 108. Defendant Elizabeth Grace permitted Defendant husband, William R. Grace, to 18 conduct their business of leasing commercial property for their joint benefit, and all checks and payments made or received from tenants in the properties which are the subject of this lawsuit, were drawn or deposited into joint accounts held by both Defendants. 109. It would be unjust to permit the Defendants to retain the benefits of the Plaintiffs services without paying for same. 110. The Plaintiff did not perform the brokerage services for and on behalf of the Defendants as a volunteer. 111. As long as the tenants or anyone of them remain in any of the Defendants' properties which are the subject of this lawsuit, CIR will continue to be damaged and the Defendants will continue to be unjustly enriched in an ever increasing amount. WHEREFORE, Plaintiff, Commercial Industrial Realty, Co. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, William R. Grace and Elizabeth Grace, in an amount in an excess of $40,549.00 plus costs and interest. Date: April L' 2005 Theod re A. Adler, Esquire Attorney LD. No. 16267 Thomas O. Williams, Esquire Attorney LD. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff, Commercial Industrial Realty Co. 19 ------- /' i \ i : I 1,1 I while '-OWNER;S COpy green - CIA COPY yellow - FILE COpy I. '.', . ~ . ,:...:'..:;: .. ,Kk~~' together with the following personal property:K\ hereinafter collectively called the Property. at a rental of $.5J. for,a period bf not iess than ,~~~~i~;~~~~t?;;~;':f~~5~;t~~~;f:~~1;~~~~~~;;~ff~:'B:;i~i~'~~~~~~~ji '()wn~ragrres to paY Br6ker ascompenslitibn for serVices r~rtdeted: a'c6nir!iissloit'bf 'DJoottheiotaiag~regate\ . . . '. j be due and.payable at the commencementof,the .lease. IF.,,,........ .,"'<',>".,;',',::.;'}, ;:",l,A'i:;,'i\~"'\</\':!h~'nJ:1:l::('\\ii!,Wlt'>i:'li~,!:4:~y,l,t~i~~ i ,1.During the term hereof Broker procures a tenant for the PrbpertY,M'any portfon thereofon'thetefTl1ssped~ed herefif6ron"ariyr. I to Owner; or',. ',"'" _:,: . . _:; '. _ _ '. .,'" ,':.'. '<-',_ .,:.:-' :<:;,': , __' ,,~-:;~:,,:~_, ~'~::,iH':~:;. :::'.1"/'i_}:;.,:,;lt),\_:.~j~1'}:.,~~t1").''J:~~iJ::~,~:U, ~\:';':l-I!~'j.~~::;~}._"~lij:~.~lt.:, ',' .,.,'. ':; " '.' th:.~, ,~;~: 2. During .the term he~eof the Property is rented or leased' 9Y'Wl-fdMSOEVER;MA.DE,'iNCUJDING THE 'OWNER;':: . ",iillri;~j:~,~~~~i(,f.1?~~.,:.,;DPi' 3. The Property is withdrawn from the market odf this authorization is revoked duringtheterrrl 'hereof:or Wthe Ownel'othenvise'iif~~erit~:ormipairs'e\"'i: the performance hereunder by the Broker. or .' . . .' .. .,.' .' ... . 4. A lease or agreement for sale, exchange or other transfer of the Property is made after the termination of this authorization with person(s) or entity(ies) with whom Broker. any co-broker or owner shall have negotiated during the term hereof. If, during the term hereof the Property, or any portion thereof, is sold, exchanged or otherwise transferred, BY WHOMSOEVER MADE, INCLUDING THE OWNER, or. if during the term of any lease concluded pursuant to the terms of this agreement or within six (6) months thereafter,thePropertyis . sold, exchang~d or transferred to the tenant. the Broker shaH be .entitledtoa commission of ten (10%) percentof;the ,sales price ;orif:"o sales; price, then , ~(,; of the then falf' market value. ' , . , '.' . :< . :. .\ "'.'," ~:',"'~'.';',,; >,',:, .",:.",.,::.'.; ~ ,:';"," ',<<,,':"'-/:: ),:',} :/,,:-;:,:~':~: ''-,.,!<~.:/::~.:J':'.:: r (:,::V,>'~,::~;,;h+!,ix,fr:'~'~:,{~\)~i~~,::"~i:~~t,!::-,,)!~;'tH~~i\f(~.t,:}::~,:;~;~~~:;:;,,:.:,:,::,~,,<;.: In the event of a default by a prospective tenant or buyer,resultiJi.g ininoriies due to Owner as liquidated damliges, the Broker shalla.ndjshereby-authoflzed:?',,: to retain 'h the amount so due and owing, not exceeding. however, the amount of its commission. paying over the remainder thereof to the Owner.. Further~.::", more, all payments made on account of the real estate transaction contemplated by.this Exclusive Authorization to Lease,regardless of the Jorm in which:.;,; , said payments are made. whether it be judgment note or other instrument. and regardless of the person designated as payee; shall be retained. by :the,Broker,o' ;.' in an escrow or fiduciary account for the benefit of the parties .to the .transaction pending tenants taking occupancy under the.lease ora prior terniinationi;:" thereof,. in accordance with the Real Estate Licensing Act of. theCommonwealthpfPennsylvania .and Rules.and Regulations jssuedthereunder <.;:,;)"i.V';,/i:i, Furthermore. if the Owner enters into a lease for which Broker is entitled to.a 'commission hereunder; and if said.lease isrenewed'or'extended'l:leyond;.,>;.' the initial term thereof, odf the said tenant remains in possession pursuant to a.newormodified lease for any periOd of time followin'gthe initial term.' ' or the renewal term or the extended terms. as appropriate. then. in any such event, immediately on the first day following expiration 'of the .initial term, the renewal term or the extended terrn. as appropriate, Broker shall be entitled to a. renewal commission equal to. six percent. (6%) of the aggregate gross> rental for the new term, renewal term, extended term or period of holding over, as the case may be. In the event of a sale or assignment of the Property which includes Tenant's demised premises, Owner agrees to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumes payment to Broker of all commissions payable hereunder. If Broker institutes suit to collect any compensation due hereunder which results in any award or.judgment therefor or if Broker successfully defends any action brought against Broker by the Owner arising out of execution of this agreement or any contract or other transfer relating to the Property. Owner agrees to pay all costs incurred by Broker in connection with any such action. including Broker's reasonableattorney'sJees.,:.:,:..:\"!;,;..,,;,,,){,:.\,:, Owner agrees that, in the event Owner fails to remit to Broker any payment or .commission due under this agreement or otherwiserelatirig to the Property',"'. which non-payment is not cured within ten (lO)days of such noncpayment, Broker shall,have the right, but not the obligation,to collect such payment from sums otherwise due to Owner from any tenant or sub-tenant of the Property. Owner agrees that a written statement from Broker exercising its right pursuant to this paragraph together with Broker's written certification of the amount(s) due from Owner shall be sufficient authority to direct said tenant orsub"tenant> .'" .......... ,1;......,..."'1~, t..... 0..,..1......_ ......... _.......... ....._ ....11-....... .........I:....^+:.....,..,. ......~...._~..:...... ,I...... t.... A..._..._ ...... "'1...... _........... ,,..& ..I-...... ^..u_...._,~ A...."......1. ......rI....... ..1-.:.. A ..._........_....... A..........._ 1".._+)..,..._ .. .-------- 03/30/2005 11:33 71 77E,13B59 HAl elR F'AGE 02/.J2 \__\. COMMERCIAL-INDUSTRIAL REALTY COMPANY Lt1J..t;S P. O. Box 8910, Camp Hill, PA 17001-8910 717/761-5070 COMMISSION AGREEMENT - LEASES TIlIS AGREEMENT, made this q-IJ- day of J(~ COMMERCIAL-INDUSTRIAL REALTY COMPANY, hereinafter re erred Lf ,1((( r'd-M f2 ~ C--ri,raJ.!-....tL- hereinafter "LESSOR". ~ . -& , 19~, between to as "BROKER", and referred to as WITNESSETH that said BROKER has 1?roduced pros~tive Lessee for the property situate in the Township/City of I~(f rv11J~- . ~r'&- " described as follows to wit ~~~;I",~a.,t-At ~~~~t3{ 1-5:00 oS.F. M~~{ e.t~ I NOW, in consideration thereof, LESSOR agrees to pay BROKER a commission of h,&h.+- ( 'f) %) percent of the. gross lease, due and payable a;: conunenc ent of the .lease with ^1e!f.-h'~tJ1( :::::J::e..e....e-, ~ C!'. . .. l If, during the term hereof, the property is sold, exchanged, or otherwise tran~erred to the Lessee, the BROKER shall be entitled to a commission of e::... '15 ~.-\.- (~ %) pe rcen t. Fu:::-thermore, if said Lease is renewed, expanded, or extended at tn.is property or another property owned by the Lessor or related entities beyond the initial term thereof, or if said Lessee remains in possession pursuant to a new or modified lease for any period of time during or following the initial term, tnen, in any such event, immediately on the first day following the expiration of the initial term, BROKER shall be entitled to a renewal commission equal to e:\~~{- (~%) percent of the aggregate gross rental for the renewal te or extended term or period of holding over, as the case may be. rf ~he Lessee expands its space at this property or another property owned by the LESSOR or related entities during the initial tem, the EROKER shall be entitled 1:0 a conuuission equal to G\\~h.+. ( 'is %) percent of t:'1e aggregate gross rental due at cornm~ncement of possession by Lessee of the expansion space. In the event of a sale or assignment of the Property whic~ includes Tenant's demised premises, Owner agrees to secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumes payment to EROKER of all commissions payable hereunder. &"d, in the even ~ that LESSOR does not or cannot pay the commissions to EROKER when due, Lessee is authorized to pay rentals to BROKER as per schedule and LESSOR assigns same until the commission is paid in full. THIS AGREEMENT shall be binding upon 'the undersigned LESSOR, its heirs, executors, administrators, successors, and assigns. THE LESSOR, having carefully read and considered this Agree~ent, herebv acknOWledges receipt of a copy of this Agreement. IN WITNESS WHEREOF, intending to be legally bound, the EROKER and LESSO~ have caused this Agreement to be executed and delivered the day and year first written above. By: STRIAL REALTY COMPANY (SEAL) w~~~* ~ By: Title: (c:\wpSl\a~rQQmQnt9\19a-comrn.crY1Rll/9~) PO Box 301 New Cumberland, P A 17070 (717) 579 -1337 o ....\II..;.(}~....1>f()perti~s....... October 2, 2003 Mr. Raymond Rhodes Lower Allen Townmup 1993 Hummel Street Camp Hill, P A 17011 737-8681 Dear Ray, I am writing this letter to notify you that your lease, with extentions, had terminated at the end of October 2002. Your company has been paying month to month since that time. We have decided to market your building without any realtors. We had an agreement with YOurre:litor that had expired also, at the end of October 2002. I have been leasing these small buildiIlgslllyself and I feel that we can rent these smaller buildings locally, and without representation. We have been paying your realtor for several years for our introduction, and I feel that payment over that time was very fair. Since you have been at the property (EMS 2238 Gettysburg Rd) we had totally refurbished the interior, installed new mechanicals, new rubber roof, new paint, and new overhead doors. More important, and at your request, lowered your rent 6,000.00 per year on the renewal that expired 10/30/02. If you desire to negotiate a new lease with me, without realtors representation please write me a letter of request ,and we can discuss a new lease. If you choose to vacate the property at the end of January, I wish you well and thank you for your business. ~J D~' a Grace Commercial, Industrial,. & Business Properties ..... ................ ... .... PO Box 301 New Cumberland, PA 17070 (717) 579 -1337 o WR.Grace Properties October 2, 2003 Mr. Raymond Rhodes LowerAllenTo~mp 1993 Hummel Street Camp Hill, P A 17011 737-8681 Dear Ray, I am writing this letter to notify you that your lease, with extentions, had terminated at the end of October 2002. Your company has been paying month to month since that time. We have decided to market your building without any realtors. We had an agreement with your rea1torthat had expired also, at the end of October 2002. I have been leasing these small buildings myself and I feel that we can rent these smaller buildings locally, and without representation. We have been paying your realtor for several years for our introduction, and I feel that payment over that time was very fair. Since you have been at the property (EMS 2238 Gettysburg Rd) we had totally refurbished the interior, installed new mechanicals, new rubber roof, new paint, and new overhead doors. More important, and at your request, lowered your rent 6,000.00 per year on the renewal that expired 10/30/02. If you desire to negotiate a new lease with me, without realtors representation please write me a letter of request,and we can discuss a new lease. If you choose to vacate the property at the end of January, I wish you well and thank you for your business. rJ<'\ a Grace . . . -- . . . . . . . . . . . . . . . . . . . . . . . . Comtnercia~ Industria~ & Business Properties ----- ------- -~ ~ -- ,,~ //" ( ... r ., ~... . ......: '.... ......... >......- .'........ 2 ,'. t. ri :1. ... ) commercial- industrial realty company 1015 MUMMA AOAD. WOAMLEYSaURG, PENNSYLVANIA 17043 MAIUNG ADDRESS: P.U BOX 8910. CAMP HllI..P9INSY!.VANIA 17001-8910 (717) 761-5070 COMMJ:SSION AG$'R'lmR~ . LEASES .THIS AGREEMENT, made this ! i:1- day of Y6U=~tvJ6t?rL, 19E, between COMMERC:I:.AL-nmOSTR:IAL REALTY COMPANY, hereinafter referred to as ":BROKER", and {-<),'LL.1'AM 1<. G1e-ftc!..E I hereinafter referred to as -LESSOR.. ( \ WITNESSETH that said BROKER has produced prospective Lessee for the property situate in the Township!Ci:-J of Lp:="1 0 II VI.. e.-- , described a.s follows to wit: 4('6' rfl4d~L-{ :;+. ""K..e.q ~ _ ~+ -::fF 4- _ L ~ rVl o,jvt ~ ) -:P~. . . ~ ... ':\ L' S$ e-'Y!- - .& PS fhJ-\-t) -P~ ilA.+- ct'A.<! ,:Sv.pp\v ( ~~ 6~>("k"~,,."'\e_~ '6/ gs;?o s. F. M-.?_-k\ ~1;,..ld\"'\Q I NOW, in considerat~~n thereof, LESSOR agrees to pay :BROKER a cornmissic:: of . ?bUY. ( tf- %) percent of the gros~ leape, que and payable a.: commencement of the lease with a f'tYlllccf fa~evrt:S . due \V) a..d va. Y1 C$.....e.... If I durinq the term hereof, the property is sold, exchanged, or otheI\llise transferred to the Lessee, the :BROKER shall be entitled. to a commission of ~-"') /() %) percent. Furthermore, if said Lease is renewed, expanded, or extended beyond the initial term thereof, or if said Lessee remains in possession pursuant to a: new or modified lease for any period of time following the initial term, then, in anysuch,event, immediately on the first day fallowing the expiration of the i.n i tialt;rm, . BROKER shal,l; be entitled to a renewal commission equal to .. VV'"". (~%) percent of the aggregate gross rental for the renewal term or extended term or :geriod of holding over, as the case may be. If the Lessee expands its space at this property or another property owned .b. y the LESSOR or related entiti..@.S,the:BROKER.5+1beentitledtoa: commission equal to I-ou'('" (%) percent of the aggregate gross rental due at commencement. THIS AGREEMENT shall be binding upon the undersigned LESSOR, its heirs, executors, administrators, successors, and assigns. . THE LESSOR, having carefully read and considered this Agreement, hereby acknOWledges receipt of ~ copy of tills Agreement. IN' WITNESS WHEREOF I intending to be legally bound, the :BROlER and LESSOR have caused this Agreement to be executed and delivered the day and year first written above, WITNESS 14A/;/~'..I!~. {SEAL } LESSOR: By: Title: (al\WP51\aqraamant3'laQ'eomm,cry1~"~) SlORI. .,J.. Inc:tMdUal tMml:\lllr'SlWP ~naiop_~ ---- / \V l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 4I. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 6I. 62. 63. white - OWNER'S COPY COMMERCL ~-INDUSTRIAL REALTY COMPANY I_I c~nary - elR COpy . . P.O. Box 8910, Camp Hill, Pennsylvania 17001-8910rrelephone ,717-761-5070 LJ;iJJ;t pmk.- F/LE COpy , ,. LISTING CONTRACT _ EXcLUSIVE AtITHORiZATI.PN to LEAS.f, . . Brok~r: COM:llffiRCIAdNjjuSrnlA~ REAL!" C~l\h>AJJ (tIIi)' j BR~KERI~.DESIGN~TED AGENT~ . MIt'~ j::j. Q) A ~ L 0/ . The undersigned, hereinafter collectively called Owner, hereby grants COl\1MERCw.,-I"lDUS,TRIAL RE~TY COMPAl'IY (CIR), hereinaft~r called Bro.!{er, the yxclusive.. right to lease the Property as Owner's agent. Broker will act as Owner's agent (Seller's agent as defined in the Consumer Notice) and engage its efforts to find a lessee for the Property. Owner ill ref rail inqu' 'es and offers to Broker. "- 1. PROPERTY:~ddress,(;). ....,.., V J) . in the municipality of ..... ttL . Con tyoL . : UlV'\.. .. ..ie..LI\:.:.?J' ....."pennSylv~!lta:,con.sistingof(a1!Proxi!natesizeqf., ...,.. Property) ... . ' together With the followmg 1riIprovements . l~ ~ ~""i . ft...,. &. ~y'70h t(Y1 ~~ .. ," ..... .'. I . '. '. . .. . Optional.ide1!tifiers:.TuParcel # " DeedBook Page " .Other 2. LIST PRICE: $ ::; ~ ~....s. per S , or rental agreed to by Owner for a period of not less than , and not more than Rental to include: 0 Janitorial Service, 0 He~, Air Conditioning, ...9pctrt. 'c,O.. Sewer, 0 Water, .0 sno.w Re,mov.. al, .0 Trash Rem. oval, 0 Real Estate Tax. es, 0 Insurance,. 0 Plumbing Repairs, Structural Repairs, ~t>of Repiurs, 0 HVAC RepalfS, 0 In\enor Repairs, Q LawIilGrounds. Care, 0 Other . ,. . .. 3. LISTING PERIOD: The duration of this Agreement shall be twelve (12) months from the date signed by bwher; Tirls Agreeiilent may bti exterided in writing by the parties hereto. After the tennination of this Agreement and any extensions, the Broker's authority shall continue as to negotiations pending at time of temunation. The Listing period and any extensions are collectively referred to as the Term in tllis Agreement. The duration of this Agreement, as set forth above, has been detennil)ed.as a result of negotiations. between Broker and Owner. .' . .. . ... . J -. .' a 0"11 ~ ( . r'\. e...+ .. . 4. BROKER'S FEE: In excl\aiigefor Broker's serVites, Owner agrees to pay to l3roken lease conuriission of .. UI.. % of the-M..rl ag~r8~lIte gP8IlS rental. This Fee is due and payable at ,thecommencelnent of the lease tenn. Broker's Fee is. eame.d if the. Property, or any portion of it, is leased during the TellI1 of this Agreement by Broker, Broker's affiliated licensees, any other broker/salesperson. or person, including Owner. Lease After Term: Owner will pay Broker's Fee if the propelty is leased after the expiration of the Term and: a. the terms of the lease were agreed to during the Term; or b. negotiations for the lease were pending at the expiration of the Term; or c. lease occurs within 180 days of the expiration of the Term, and the lessee was shown or negotiated to lease the Property during the Term of this Agreement. SALE: If the Property is sold or exchanged during the Tenn of this Agreement, or<within six (6) months following the expiration of the Term, Owner agrees to pay to Broker a sale commission of ten percent (10%) of the purchase price (if no sales price, then on the fair market value), or $2,000, whichever is greater. Broker's Fee is earned if the Property, or any interest in it, is sold, conveyed, or exchanged during the term of this Agreement by Broker, Broker's affiliated licensees, any other broker/salesperson, or person, including Owner. Leasl'JSale Does Not Occur: Owner will pay Broker's Fee (for lease: lease commission rate stated above applied to the List Price) if Broker, Broker's affiliated licensees, any other broker/salesperson, or person, including Owner procnres a ready, willing, and able lessee for the Property. A willing lessee is one who will pay the List Price or more, or one who has submitted an offer at any lease price that has been accepted by Owner. Broker's Fee in the event of lesseelbuyer default is 50% of/fromlessee'slbuyer's deposit monies or such other sums as are. deemed to be a liquidatetl damage due Owner by lessee!buyer. Owner will pay Broker's Fee, based on the !ease commission stated above, if the Property is withdrawn from the market, or if Broker's authorization is revoked during the Tenn hereof or if the Owner otherwise prevents or impairs the perfonnance hereunder by the Broker. Renewals etc: If Owner enters into a lease for which Broker is entitled to Broker's Fee, and if said lease is renewed or extended beyond the initial tenn, or if the premises are expanded resulting in increased rentals, or if the said lessee remains in possession pursuant to a new or modified lease for any term of time following the initial tenn, renewal tenn, or the extended tenn, Broker shall be entitled to a renewal commission or increased commission, as appropriate, equal to six percent (6%) of the aggregate gross rental for the new term, renewal term, extended term, period of holding over, or increased rental for the expanded premises as the case may be. In the event of a sale or assignment of the Property which includes lessee's demised premises, then at Broker's option, either (i) all commissions not already paid to Broker shall immediately become due and payable; or (ii) Owner will, without being released from Owner's liability hereunder, secure from the purchaser or assignee a written recordable agreement under whkh the new owner or assignee assumes payment to Broker of all cOlrunissions payable hereunder. The Fees due under this provision are payable beyond the Ternl of this Agreement. Collection from Lessee: Owner agrees that if Owner fails to remit to Broker any Fee due under this Agreement or otherwise relating to the Property, which non- payment is not cured with ten (10) days of such non-payment, Broker shall have the right, but not the obligation, to collect such payment from sums otherwise due to Owner from any lessee or sub-lessee of the Property. Owner agrees that a written statement from Broker exercising its rights pursuant to this paragraph together with Broker's written certification of the amount(s) due from Owner shall be sufficient authority to direct said lessee or sub-lessee to pay directly to Broker any rent or other obligation otherwise due to Owner, to the extent of the Owner's default under the Agreement. Owner further agrees that in the event Broker invokes the provisions of this paragraph, Owner shall hold the lessee or sub-lessee harmless for and to the extent of any payment made by lessee directly to Broker. Owner agrees to include tbis provision in all leases negotiated for tlle Property. The amount of the Broker's Fees set forth above have been determined as a result of negotiations between tbe Broker and the Owner. 5. DEPOSITS: All payments made on acco.unt of tlle real estate transaction contemplated by this Agreement, regardless of the fOITU in which said payments are made, whetlJer it be caslr, judgment note or other instrument, and regardless of the person designated as payee, shall be retained by the Broker in an escrow account in accordance witl) the Real Estate Licensing and Registration Act of the Commonwealth of Pennsylvania and Rules and Regulations issued tltereunder, and shall be dis- tributed as required thereunder. In tbe event of a dispute over entitlement to deposit, Broker will maintain the same in an escrow account until a resolution of the dis- pute by agreement or final order of court. 49 Pa. Code ~35.333(a)(8). Owner agrees that if Owner joins Broker in a suit over entitlement to deposit, Owner shall pay Broker's costs and fees, including attorney fees. 6. ATTORNEY'S FEES: If Broker institutes suit to collect any compensation due hereunder which results in any award or judgement or if Broker successfully defends any action brougbt against Broker by tbe Owner mlsing out of execution of this Agreement or any contract or other transfer relating to the Property, or if Broker elects to pay any dispnted deposits or otller funds being held by Broker into court, then Owner agrees to pay all costs incurred by Broker in connection with ~ny_~?-=I:. ~c:.ti?~!~!?~i~Il~~~::T:S re~sonable attorney's !ees. '", . ~ , _, :1_ _______.._ __._.._;_~__ ~~ ..L_ n_~__~-,-. 1-_ _11.....~. n_~l~,............ ..t........... -- .. -- p.o. BOX 8910, CAMP HILL, PENNSYLVANIA 17001-8910 /TELEPHONE 717-761"5070 -.;................ .lLtUJi white ....OWNER'Sc.OPY green -CIR GOPY yellGlN .:. ,F,ILECOPY commercial-industrial realty company LISTING CONTRACT -EXCLUSIVE AUTHORIZATION TO LEASE . . .Th~jj\1n4ersigned". herei~after c,ollecti;ely c~IiedOwner,hereby grants COMMERCIAL-INDUSTRIAL REALTY. COMPANY hereinafter called ..~roker, the . ,EXC.Ll1SIvEAUTHORIZATIONand RICmT. for a period commencingthis date and terminating at midnight of'A;V~ V5f .. riS ,l!!1j to Jease the real property sicl~te intl1e CitY!TwP.~Of . . (...eM fJf~ .. .... , County of (?ll"'1.!>t..Y f t.f ~ . ~, State of Pennsylvania; described as: .I()()~ .i!>O>Le"7l- AI/e. UI'1PI..!IJJ C? Qt1J!!E~U'rAiD.'. "P..Jr . No. Street Post Office '" County St~te ZGOC> .:if: ~,^J\J~v,'c\J El~~ ::S~tt~ I JJ~ together with the following personal property: ..3 5D f \.4 hereinafter collectively called the Property. ata rental of $ ~er ~ . or rental agreed to by Owner for a period of not less than "3 I ~ V S , and not more than / () i~ I{ ?" . rental to include: 0 Janitorial Service. tJ Heat; o Air Conditioning, 0 EleCtriC,XSewer,~Water, ~now Removal, 0 Trash Removal, 0 Real Estate Taxes, 0 Insurance~Plumbing Repairs,)( Structural Repairs.){Roof RepairS,'/. HV AC Repairs, 0 Interior Repairs o Other consisting of: (see attached Exhibit A) 1 J Owner agrees to pay Broker as compensation f6r'setVic"es rendered a commission of payable at the commencement of the lease, IF, 1. During the term hereof Broker procures a tenant for the Property or any portion thereof on the terms specified herein. or on any, other terms acceptable to Owner; or 2. During the term hereof the Property is rented or leased BY WHOMSOEVER MADE, INCLUDING THE OWNER; or 3. The Property is withdrawn from the market or if this authorization is revoked during the term hereof or if the Owner otherwise prevents or impairs the performance hereunder by the Broker, or 4. A lease or agreement for sale, exchange or other transfer of the Property is made after the termination of this authorization with person(s) or entity(ies) with whom Broker, any co-broker or owner shall have negotiated the term thereof. If, during the term hereof the Property, or any portion thereof, is sold, exchanged or otherwise transferred, BY WHOMSOEVER MADE, INCLUDING THE OWNER, or, if during the term of any lease concluded pursuant to the terms of this agreement or within six (6) months thereafter, the Property is sold, exchanged or transferred to the tenant, the Broker shaH be entitled to a commission of ten (10%) percent of the sales price of if no sales price, then of the then fair market value. In the event of a default by a prospective tenant or buyer, resulting in monies due to Owner as liquidated damages, the Broker shall and is hereby authorized to retain 1/2 the amount so due and owing, not exceeding, however, the amount of its commission, paying over the remainder thenmf to the Owner. Furthermore, all payments made on account of the real estate transaction contemplated by this Exclusive Authorization to Lease regardless of the form in which said payments are made, whether it be judgment note or other instmment, and regardless of the person designated as payee, shall be retained by the Broker in an escrow or fiduciary account for the benefit of the parties to the transaction pending tenants taking occupancy under the lease or a prior termination thereof, in accordance with the Real Estate Licensing Act of the Commonwealth of Pennsylvania and Rules and Regulations thereunder. Furthermore, if the Owner enters into a lease for which Broker is entitled to a commission hereunder, and if said lease is renewed or extended beyond the initial term hereof, or if the premises are expanded resulting in increased rentals, or if the said tenant remains in possession pursuant to a new or modified lea~ for any term of time following the initial term, the renewal term or the extended term, or on the first day the tenant pays increased rent for the expanded premises, as appropriate, Broker shall be entitled to a ren~wal commission or increased commission, as appropriate, equal to six percent (6%) of the aggregate gross rental for the new term, renewal term, extended term, period of holding over, or increased rental for the expanded premises ,as the case may be. In the event of a sale or assignment of the Property which includes Tenant's demised premises, then at Broker's option, either (i) all commissions not already paid to Broker shall immediately become due and payable; or (ii) Owner will without being released from Owner's liability hereunder until Broker is paid in full secure from the purchaser or assignee a written recordable agreement under which the new owner or assignee assumes payment to Broker of all commissions payable hereunder. The amount of the Broker's commission and the time periods of Broker's Exclusive Authorization to Lease have been determined as a result of negotiations between the Broker and the Owner. If Broker institutes suit to collect any compensation due hereunder which results in any award or judgment therefor or if BroWt\I successfully defends any action brought against Broker by the Owner arising out of execution of this agreement or any contract or other transfer relating to the P:l6~rty, or if Broker elects to pay any disputed deposits or other funds being held by Broker into court, then Owner agrees to pay all costs incurred by Broker in conh'~ti:&i with any such action, including Broker's reasonable attorney's fees. :,Vl'":' Owner agrees that, in the event Owner fails to remit to Broker any payment or commission due under this agreement or otherwise relating to the Property, which non- % of the total aggregate gross rental which commission shall be due and . . I ~.f: iF fcommercici'- industrial realty company ..'.: c. '. i '1015 MUMMA ROAD. WORMI.EYS8URG. PENNSY1.:JANIA 17043 MAIUNG ADDRESS: P.o. BOX 8910 . CAMP HILL. ?!:NNSYl.VANIA 17001-8910 (711) 761-5070 COMMISSION A~~ - LEASES THIS AGREEMENT, made this 15'-tJ;,-daY of D4!-Le-W\0-<!.-X", 19 9"'3, between COMMImCIAL-mDnSTRJ:.AL REALTY COMPANY, hereinafter referred to as -BROKER-, and . W ;'L.L (ftM 7<.. Gf2-ftC!- E hereinafter referred to as -LESSOR-_ WITNESSETH that said BROKER has produced prospective Lessee for tb.e property situate in the Township/Ci~l of Lbl'Y?o,/n "€L-, described as follows to wit: 4(tg M~rk+ .5f-.1<e.a.'( - / Lof -:::If:; 3,#L-i'><s.1P?;r- {r:;;;(Y)OYl'l.'f...-. ~' , /../1 " L~!..s~ L./L.:: h..e.. n~>>J ~. LV. ~('l' 1-2. Co. ( fY\ ,14. Au:{p \/,el:; ~..5"OO 6. r. Ma$cn'wy Au; kb'o- NOW, in consideration thereof, LESSOR agrees to pay BROKER a commissic:J. of . ~V ((I2 %) percen~ 0 the gross lease due ~d pa,:Y '. able at cornmencem t of the lease with 't'\VhJ6L M U.e.- I ~ d..Vq\1 ~ . If, during the term hereof, the property is sold, exchanged, or otherwise transferred to the Lessee, the BROKER shall be entitled to a commission of -r--ex\ (( 0 %) percent. Furthermore, if said Lease is renewed, expanded, or extended beyond the initial term thereof, or if said Lessee remains in possession pursuant to a new or modified lease for any period of time following the ini tial term, then, in any such event, immediately on the first day following the expiration of the initial t~:r;:n/ BROKER. shal~ be endtled to a renewal commission equal to . . -:s,~ (~%) percent of the aggregate gross rental for the renewal term or extended term or period of holding over, as the case may be. If the Lessee expands its space at this property or another property owned by the LESSOR or related entities, the BROKER s4all be entitled to a commission equal to ~\'/... ( (. Q %) percent of the aggregateqross rental due at commencement. THIS AGREEMENT shall be binding upon the undersigned LESSOR, i ts heirs~ executors, administrators, successo:rs, and assigns. . THE LESSOR, having carefUlly read and considered this Agreement, hereby acknowledges receipt of a copy of ~s Agreement. IN WITNESS WHEREOF, intending to be legally bound, the BROrJm and LESSOR have caused this Agreement to be exeC'..lted and delivered the day and year first written above. BROXER: (SEAL) WITNESS By: LESSOR: By: Title: (C'\"Sl\___"\lo.-~_='~' ~ naiop _~ ,- -- D) \ commercial- industrial realty company 1015 MUMMA ROAD, WORMLEYSBURG, ?ENNSYt:JANIA 170-43 mm MAIUNG ADDReSS, ?ll BOX">O . CAMP "R.1. """",,"VA'"A ,"""..." <nn 701.5070 COMMISSION AQ~ - LEASES THIS AGREEMENT, made this /S.fJ---day of V(LLe-W\0~~, 19~, between COMMERCIAL-INDUSTRIAL REALTY COMPANY, hereinafter referred to as -BROKER., and W ;'CL (AM K. bi?-A-C- E hereinafter referred to as -LESSOR-. WITNESSETH that said BROKER has produced prospective Lessee for t~e property situate in the Township/Ci:y of Lr;;;fV!olj n ~ , described as follows to wit: '/0 ,,;1 f) +. ~.i. ---rJ I L I. -:4=3 12.. (;:.' Af::..........___ '-Ii 0 IV {~ Y f:t'- JT. -;<; e-~ '( 0) ! +-' L (S., -r cr (Y) 0 ...;" €_ -r1 / "\ ~s-;L..e.... -.. h.e- 11e'.w C-.l..tL ~"<"\'-t-z. c.o. ,'lZe... FI~o"i'cjl) f],,~C>o 6. MaS>oY\'n../ (3\J;(cUY\y ~ / ~ NOW, in consideration thereof, LESSOR agrees to pay BROKER a commissicn of Sf ":I (to %) percent a~ the gross lease due?nd payable a: commencement of the lease with d)'\t/lv~\ pat)\'V\~V\~ (tu.e..... 11'\ Qd:-\.!GI'I1(yL..- If, during the term hereof, the property is sold, exchanged, or otherwise transferred to the Lessee, the BROKER shall be entitled to a commission of --reX\ (0 %) percent. Furthermore, if said Lease is renewed, expanded, or extended beyond the initial term thereof, .or if said Lessee remains in possession pursuant to a new or modified lease for any period of time fOllowing the initial term, ther:, in any such event, immediately on the first day fallowing the expiration of the ini tial 1?~/ BROKER shal~ be endtled to a renewal commission equal to ~\X (~%) percent of the aggregate gross rental for the renewal term or extended term or period of holding over, as the case may be. If the Lessee expands its space at this property or another property owned by the LESSOR or related enti~ies, the BROKER Shall be entitled to a commission equal to --'5iV. ( CQ %) percent of the aggregate gross rental due at comrnez:.cernent. THIS AGREEMENT shall be binding upon the undersigned LESSOR, its heirs, executors, administrators, successo=s, and assigns. THE LESSOR, having carefully read and considered this Agreement, hereby acknowledges receipt of a copy of ~s Agreement. IN WITNESS WHEREOF, intending to be legally bound, the BROKER and LESSOR have caused this Agreement to be execJ.ted and delivered the day and year first wri t t en above. BRCl:3R: (SEAL ) WITNESS By: LESSOR: By: Title: 'C.\....51\__U\1...=.=.~' Y naiop _~ IndMd.... ,.,."DetVlitJ VERIFICATION I, Mark R. Coakley, of Commercial Industrial Realty Company (CIR), verify that I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. 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: ;ld11h ~ I L By: p ~ 7CJ 1l Ul. ~ U\ lf1 ~ ~ C> ~ /j.....J -J V\ tL- ~ E -.-L. _"" o~ ~ """1- '6. .--\"\ -"\"", -:S- \..'\~\ .-;;~;c;;~ "'~-:_\\?~ ,..'-~' .--'. [) (~, ~- \'\' ,.:..--:\ ...;,~ ...{'P "';.~;:' ?J \ .r;;- ~ -"0, ::-,:.~ '. '~:;:~t s:- .- "1,-_-.:\ o ..p SHERIFF'S RETURN - REGULAR .' CASE NO: 2005-01786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCIAL INDUSTRIAL REALTY VS GRACE WILLIAM R ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRACE WILLIAM R DEFENDANT , at 1725:00 HOURS, on the 13th day of A ril at 1705 EDGAR LANE CAMP HILL, PA 17011 by handing to ELIZABETH GRACE, WIFE a true and attested copy of COMPLAINT & NOTICE t e , 2005 together ith and at the same time directing Her attention to the contents th reof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 10.36 .37 10.00 .00 38.73 f'~ ";'i' ' i R. Thomas Kline 04/14/2005 REAGER & ADLER I By: c. ",'x Ln L- tv - Deputy Sworn and Subscribed to before me this ,.;2 () day of ~ d/O>nJ---''' A.D. tJ~' L-r , ~r "J.M~ Prat onotary =- ~~ /~ .f."A..~ Sheriff / v / SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCIAL INDUSTRIAL REALTY VS GRACE WILLIAM R ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRACE ELIZABETH t e DEFENDANT at 1725:00 HOURS, on the 13th day of A ril , 2005 at 1705 EDGAR LANE CAMP HILL, PA 17011 by handing to ELIZABETH GRACE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,--;,/ 0;:::::';- -::~,.~ R. Thomas Kline 04/14/2005 REAGER & ADLER me this dO ,-,;/'0""" .5 --- 1t.6 ~. ~ /J1.p..--J.~ ;:-~ (J Pro,"oooc.ry / -rv day of ~ A.D. Sworn and Subscribed to before By: COMMERICAL INDUSTRIAL REALTY CO., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO.: 2005-01786 WILLIAM R. GRACE AND ELIZABETH GRACE, HUSBAND AND WIFE, : CIVIL ACTION - AT LAW Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settled and discontinued with prejudice. -, Respectfully sUi\ted REAGER & L Date: June 1,2005 Theodore. er, squire Attorney J.D. No. 16267 Thomas O. Williams, Esquire Attorney J.D. No. 67987 2331 Market Street Camp Hill, P A 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff, Commercial Industrial Realty Co. -... "" r-;-;:l C~) c.n C" -~ uti I ,,~ C:;;' <::'1 .....