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Home My WebLink About06-0449 '" . FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID #07176 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff PENN CREDIT CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. d"- - 441 IN EQUITY C;Ul-L~f.JL~ 195 ASSOCIATES, LLC, Defendant PRAECIPE Please issue writ of summons in the above-captioned action. Writ shall be issued and forwarded to the Cumberland County Sherifffor service upon 195 Associates, LLC, 3609 Gettysburg Rd., Camp Hill PA 17011. Respectfully submitted, FRIEDMAN & KING, P.C. Date: 1/20 (06 Ric d S. Friedman, Esquire 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 Supreme Court ID No. 07176 R:I '"l fi~~ ~ ~ ~ "-l '" D b ~ ~ ~ ;---,) c....., "-.I 8 .. (._."l ), FRIEDMAN & KING, P.c. Richard S. Friedman, Esquire ID#07176 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff To THE SHERIFF OF CUMBERLAND COUNTY: PENN CREDIT CORPORATION, Plaintiff v. 195 ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA NO. Ol.z.- I.fl{q IN EQUITY elcJ~L ~t/<..~ To: 195 Associates, LLC, 3609 Gettysburg Rd., Camp Hill P A 17011 You are notified that Penn Credit Corporation, plaintiff, has commenced an action against you. Date: J.;;;z,u :<'Y ;;{66 b. , By: FRIEDMAN & KING, P.c. Richard S. Friedman, Esquire ID #07176 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff PENN CREDIT CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. Dlz. - 1-/l.J9 IN EQUITY C!;CJ~L ~tJL~ 195 ASSOCIATES, LLC, Defendant PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above-captioned action in writ of summons as a lis pendens against the real property which is a part of the two parcels described in the attached deeds. I hereby certiJy that this action affects title to or other interest in the above-described real property. Respectfully submitted, FRIEDMAN & KING, P.C. Date: ~o( Ich riedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 . ',\~'.S() ~~ri3 ~ K\..c' [EGLER F [:.,". r ": ~ ~~ E E 0 S "":::.. ;:.':, ',( 0:; tHY - PA 'OY JUL 15 ArJ 9 19 Tax Parcel No. PIO 38-06-0011-012 THIS INDENTURE Made the .gild and four (2004). day of ~tl'v in the year two thousand Between YVONNE M. HOFFMAN, fonnerly known as YVONNE M. ESHLEMAN, in her capacity as Executrix of the Estate of FREDERICK A.M. ESHLEMAN, also known as Frederick M. Eshleman, Deceased, late of Savannah, Chatham County, Georgia; RIMMER FAMILY TRUST, by its Trustee, BRANCH BANKING AND TRUST COMPANY, of Pinehurst, North Carolina; and MARLIN L. LEHMER and ALICE F. LEHMER, his wife, currently of Mechanicsburg, Cumberland County, Pennsylvania, GRANTORS, and 195 ASSOCIATES LLC, a Pennsylvania Limited Liability company, of Mechanicsburg, Pennsylvania, GRANTEE. WITNESSETH, that in consideration of the sum of ONE MILLION EIGHT HUNDRED EIGHTY THOUSAND and Nolloo ($1,880,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, his heirs and assigns: ALL THE FOLLOWING described tracts ofland situate, lying and being in Silver Spring Township, Cumberland COUl'lty, Pennsylvania, bounded and described as follows, to wit: Tract No.1 BEGINNING at a point at the northwestern comer of lands now or fonnerly of Anna Sweger, widow ofH. Wayne Sweger, and at the eastern boundary line of the right-of-way of the New Willow Mill Road (S.R. 114), thence along said right-of-way line the following courses and distances: North 32 degrees o I minutes 0 I seconds West, a distance of 268.14 feet; thence North 23 degrees 14 minutes 10 seconds West, a distance of 419.91 feet; thence North 06 degrees 01 minutes 27 seconds West, a distance of 329.44 feet; thence North 02 degrees 31 minutes 37 seconds West, a distance of 155.50 feet; thence North 02 degrees 33 minutes 04 seconds West, a distance of 427.77 feet; thence South 87 degrees 26 minutes 56 seconds West, a distance of 20.00 feet; thence North 02 degrees 33 minutes 04 seconds West, a distance of 472.95 feet; thence veering away from said right-of-way line and along governmental lands owned in conjunction with an entry ramp for United States Interstate Highway No. 81 (Northbound Lane) the following courses and distances: North 14 degrees 28 minutes 25 seconds East, a distance of 207.31 feet; thence North 53 degrees 07 minutes 56 seconds East, a distance of 288.66 feet; thence North 68 degrees 46 minutes 28 seconds East, a 88QK ~M PAGE 180 distance of 259.62 feet; thence North 36 degrees 25 minutes 59 seconds East, a distance of 104.40 feet; thence North 53 degrees 07 minutes 56 seconds East, a distance of 90,89 feet; thence continuing along same on a curve to the right, having a length of 195.87 feet, a radius of 1482.40 feet, a chord bearing of North 56 degrees 55 minutes 03 seconds East, and a chord length of 195.72 feet to a point; thence continuing along the same South 29 degrees 17 minutes 50 seconds East, a distance of 10.00 feet to a point; thence continuing along the same on another curve to the right having a length of 295.43 feet, a radius of 1472.40 feet, a chord bearing of North 66 degrees 27 minutes 03 seconds East, a chord length of 294.94 feet to a point; thence continuing on the said curve to the right having a length of79.94 feet, a radius of27124.80 feet, a chord bearing of North 73 degrees 26 minutes 39 seconds East, and a chord length of 79.94 feet to a point; thence continuing along same South 16 degrees 05 minutes 04 second East, a distance of25.00 feet to a point; thence continuing along same on a curve to the right having a length of 187.25 feet, a radius of2642.93 feet, a chord bearing of North 75 degrees 56 minutes 43 seconds East and a chord length of 187.21 feet to a point; thence continuing along the same South 12 degrees 01 minutes 30 seconds East, a distance of 40.00 feet to a point; thence continuing along the same on a curve to the rigbt having a length of 285 ,40, a radius of 2602.93 feet, a chord bearing of North 81 degrees 06 minutes 58 seconds East, and a chord length of285.26 feet to a point on a bend in Conodoguinet Creek, thence along the line of the said Conodoguinet Creek, the following courses and distances: South 61 degrees 51 minutes 24 seconds West, a distance of 91.82 feet; thence South 52 degrees 17 minutes 56 seconds West, a distance of 160.46 feet; thence South 45 degrees 48 minutes II seconds West, a distance ofllO.64 feet; thence South 35 degrees 02 minutes 23 seconds West, a distance of96.31 feet; thence South 32 degrees 49 minutes 29 seconds West, a distance of 198.38 feet; thence South 24 degrees 30 minutes 41 seconds West, a distance of 179.99 feet; thence South 28 degrees 57 minutes 00 seconds West, a distance of 119.08 feet; thence South 22 degrees 53 minutes 16 seconds West, a distance of 200.39 feet; thence South 13 degrees 46 minutes 18 seconds West, a distance of275.92 feet; thence South 06 degrees 19 minutes 49 seconds West, a distance of 320.95 feet; thence South 00 degrees 47 minutes 57 seconds East, a distance of 195.25 feet; thence South 05 degrees 51 minutes 56 seconds East, a distance of 156.65 feet; thence South 08 degrees 03 minutes 59 minutes West, a distance of 119.76 feet; thence South 02 degrees 30 minutes II seconds East, a distance of386.11 feet; thence South 08 degrees 01 minutes 35 seconds East, a distance of214.87 feet; thence South 12 degrees 03 minutes 53 seconds East, a distance of 194.85 feet to a point at the northeastern comer of lands now or fonnerly of Anna Sweger, widow ofH. Wayne Sweger; thence along the northern boundary line of said lands now or formerly of said Sweger South 80 degrees 41 minutes 00 seconds West, a distance of 582.84 feet to a point at the northwestern comer of said lands now or formerly of said Sweger, and at the eastern boundary line of the right-of-way of the New Willow Mill Road (S.R. 1(4) aforesaid, the point and place of BEGINNING. CONTAINING 52.72 Acres or 2,296,562.78 square feet and being described according to a Preliminary Subdivision Plan, overall Property Plan, Silver Spring Commerce Park, Silver Spring Township, Cumberland County, Pennsylvania, prepared by Alpha Consulting Engineers, Inc., ~OOK 264 PACE 781 currently of 145 Limekiln Road, Suite 600, P. O. Box G, New Cumberland, PA 17070, being Project No. 220207, per sheet 2 of 32. Tract No.2 BEGINNING at a point at the northwest comer of lands now or formerly of Fred Fiala, said point also being on the southerly right of way line of United States Highway Interstate Route No. 81 (Northbound Lane) as shown on the hereinafter mentioned survey; thence along the westerly boundary line of said lands now or formerly of said Fiala, South 08 degrees 01 minute 36 seconds West, a distance of 273.16 feet to a point; thence continuing along the same South 01 degree 58 minutes 24 seconds East, a distance of 440.0 feet to a point on the line of the Conodoguinet Creek; thence along the line of the said Conodoguinet Creek North 44 degrees 50 minutes 20 seconds West, a distance of 976.48 feet to a point; thence continuing along the same North 70 degrees 31 minutes 40 seconds West, a distance of 359.84 feet to a point at the right of way line of said Route No. 81; thence along said right of way line North 02 degrees 40 minutes 23 seconds West, a distance of 95.0 feet more or less to a point; thence continuing along the same on a curve to the right, having a length of 475.03 feet, and a radius of 2,722.93 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of 84.58 feet to a point; thence continuing along the same South 07 degrees 19 minutes 21 seconds West, a distance of 10.0 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of 300.0 feet to a point; thence continuing along the same South 07 degrees 19 minutes 21 seconds West, a distance of 110.0 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of 217.64 feet to a point at the northwest comer of lands now or formerly of Fred Fiala, said point also being on the southerly right of way line of United States Highway Interstate Route No. 81 (Northbound Lane) aforesaid, the point and place of BEGINNING. CONTAINING 9.133 Acres more or less. BEING DESCRIBED ACCORDING to that certain Plan of Property for REL FARM (also for John Hall), Silver Spring Township, Cumberland County, Pennsylvania, dated September 20, 1979, last revised October 31, 1979, prepared by D. P. Raffensperger Associates, Engineers & Surveyors, Camp Hill, Pennsylvania, designated #353-2. BEING UNDER AND SUBJECT TO: all that certain area designated on said survey as "Area Required For Channel Change" and as is also designated the same on assorted official Highway Maps. GRANTORS also reserve from this grant and conveyance an easement and right-<>f-way for a sewer line, water line, and for other standard utilities, as is to be more fully set forth, bounded, and described at large in a separate instrument to be recorded in the miscellaneous record books of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. RECENT TITU HISTORY BEING PART OF the same presmises which David R. Smith and Paul H. Smith, Executors of the Last Will and Testament of J. Harry Smith, by their Deed dated June 3, 1963, and recorded in the Office of the Recorders of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "W", Volume 20, Page 110, granted and conveyed unto Frederick A.M. Eshleman, Donald C. Rimmer, and Marlin L. Lehmer, as co-partuers. The said Donald C. Rimmer departed this earthly life on August 7, 1986, thus BOOK 264 PAGE 782 terminating the said partnership, it then becoming a tenancy in common being composed of three equal and undivided shares among the said Frederick A.M. Eshleman, Marlin L. Lehmer, and the Rimmer Family Trust, an Inter Vivos Trust, established by an instrument erroneously dated January 16, 1985, but in fact having been executed on January 16, 1986, by which the said Donald C. Rimmer, as Grantor, transferred certain assets to Southern National Bank of North Carolina, as Trustee. Said Trustee since having been merged into Branch Banking and Trust Company of Pinehurst, North Carolina per a statuatory merger being consummated on the 30th day of May, 1995, as will more fully appear at large in that certain Certificate of Merger on file in the Department of the Secretary of State of the State of North Carolina. The originally transferred assets to said Trustee did not include any interest in the said premises. Rather, the said Donald C. Rimmer provided for the transfer of the same by his last will and testament of January 16, 1986, not by a specific devise but by a general residue clause in Article Four therein, which reads in pertinent part: "All the rest, residue and remainder of my property and estate, wherever situated, and of whatever nature. . .,1 devise to the Trustee under a certain trust agreement dated the 16th day of January, 1986, between me and Southern National Bank of North Carolina, to become part of such trust and to be managed in accordance with the terms and provisions of such lrost agreement. The transfer and delivery of this devise to such Trostee and its receipt therefor shall constitute afull acquittance ofmy Personal Representative and shall terminate all prohate proceedings in relation to my residuary estate. .. The Trust instrument aforesaid, , in Article Five, provides for the grant of Fiduciary Powers, and reads in pertinent part: "1 grant my Trostee (including any successor Trostee) the authority and power to exercise in its sole discretion and without court order, in respect of any property forming part of any trust created under thts agreement or otherwise in its possession hereunder, all powers conferred by law upon trustees, or expressed in this agreement, and 1 intend that the powers so granted be construed in the broadest possible manner. " Trustee herein is authorized and empowered by the then aod current statutes of North Carolina to make, sign, seal, and deliver to the purchaser herein this deed. As above stated, the said Southern National Bank of North Carolina, has been succeeded as Trustee by Branch Banking and Trust Company of Pinehurst, North Carolina, as per the merger referred to hereinabove. The said Frederick A.M. Eshleman has since also departed this earthly life, at the time being a resident of Savannah, Chatham County, Georgia. On or about the 24th day of September, 2003, there was filed in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, docketed to No. 2003-00467, a full and exemplified record of the Probate Proceedings filed in the County of Chatham, State of Georgia, showing and proving more fully at large, the due and proper appointment of Yvonne M. Eshleman, as Executrix of the last will and testament ofthe said Frederick A.M. Eshleman on the 18th day of March, 2002. The said Yvonne M. Eshleman has since intermarried July 22, 2003 with Steven T. Hoffinan and is now known as Yvonne M. Hoffinan. BOOK 264 PACE 783 The said Marlin L. Lehmer, joined by his wife, Alice F, Lehmer, by their deed dated December 12, 1990, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "X", Volumbe 34, Page 390, granted and conveyed unto themselves, the same said Marlin L. Lehmer, and Alice F. Lehmer, his wife, their one-third (113) undivided interest in and to the said premises. Subsequently, the said Marlin L. Lehmer and Alice F. Lehmer, his wife, by their deed dated June 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 203, Page 70, granted and conveyed the same said undivided interest to the said Marlin L. Lehmer, in his own right. ACCORDINGLY, THE SAID ALICE F, LEHMER, JOINS IN THE SIGNING OF THIS DEED SOLELY FOR RECORD TITLE PURPOSES. SHE MAKES NO CLAIM OF ANY OWNERSHIP INTEREST IN OR TO THE PRMISES AND MAKES NO REPRESENTATIONS AS TO THE PROPERTY IN ANY RESPECT NOR DOES SHE JOIN IN ANY WARRANTY AS TO TITLE. THERE IS RESERVED FROM THIS CONVEYANCE the burial plot, twenty-five (25) feet in width and thirty-three (33) feet in depth, which J, Harry Smith and Laura E. Smith, his wife, by their deed dated October 29, 1927, and recorded in the Recorder's Office aforesaid, in Deed Book "Q", Volume 10, Page 462, granted and conveyed unto Abram Bosler, BEING SUBJECT TO EASEMENJ'S, OF RECORD OR VISIBLE BY ON SITE INSPECTION. Also excluded from this conveyance is all that certain acreage taken in condemnation proceedings for the reloction of Interstate Route 81 and State Legislative Route 114. AND THE SAID YVONNE M. HOFFMAN, Executrix as aforesaid, her heirs, executors and administrators, does covenant, promise and agree to and with the said Grantee, his heirs and assigns, by these presents, that the said Executrix/Grantor has not done, committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered in title, or otherwise howsoever. AND THE SAID BRANCH BANKING AND TRUST COMPANY, TRUSTEE, its successors and assigns, does covenant, promise and agree to and with the said Grantee, his heirs and assigns, by these presents, that the said Trustee/Grantor has not done, committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered in title, or otherwise howsoever. AND, THE SAID GRANTOR, MARLIN L. LEHMER, hereby covenants and agrees that he will warrant specially the property hereby conveyed. hoox 264 PAGE 784 IN WITNESS WHEREOF, the said YVONNE M. HOFFMAN, Executrix of the Estate of FREDERICK A.M. ESHLEMAN, deceased, Grantor herein, has hereunto set her hand and seal the day and year first above written. WITNESS: 9~~- r9~ ~'UI'tn~ Y NNE M. HOFF N, E eeutrix of the Estate of FREDERICK A.M. ESHLEMAN, Deceased (SEAL) STATE OF GEORGIA COUNTY OF t~ SS. .'J 'J-I. ~ On this, the 0<.. - day of , A.D. 2004, before me, a Notary Public, in and for said County and State, he un rsigned officer, personally appeared YVONNE M. HOFFMAN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand SOZANNE H. LEWIS N01ARY PUBLIC Chatham County, Georgia Commlaoion Expir.. 0110712007 My Commission expires: (SEAL) BOOK 264 PAGE 785 IN WITNESS WHEREOF, the said, BRANCH BANKING AND TRUST COMPANY, TRUSTEE, of the said RIMMER FAMILY TRUST, has caused this Indenture to be signed by PATRICE O. CAIN, VICE-PRESIDENT and TRUST OFFICER, attested to by its Assistant Secretary, and to have affixed hereunto the common seal ofthe said Corporation, the day and year first above written. BRANCH BANKING AND TRUST COMPANY TRUSTEE OF THE RIMMER F AMIL Y TRUST BY~ ~ (SEAL' P TRICE O. CAnil, VICE PRESIDENT AND TRUST OFFICER STATE OF NORTH CAROLINA COUNTY OF /llCOI?E 55. JJP ~ On this, the~day of JZ . , A.D. 2004, before me, the undersigned officer, personally appeared PA RICE O. CAIN, who acknowledged herself to be theVICE PRESIDENTand TRUST OFFICER of BRANCH BANKING AND TRUST COMPANY, a Corporation, that she, as such VICE PRESIDENT and TRUST OFFICER of said TRUSTEE, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the Corporation, as TRUSTEE, by herself, as said VICE PRESIDENT and TRUST OFFICER. I certify that I am neither an officer nor a director of said Corporation. IN WITNESS WHE BOOK 264 PAGE 786 IN WITNESS WHEREOF, the said MARLIN L. LEHMER and ALICE F. LEHMER, his wife, have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: ~k1 tLA /(SEAL) RLINL. ~ ~e ",-7. (SEAL) ALICE F. LEHMER COMMONWEALTH OF PENNSYLVANIA : _..... ..:SS. COUNTY OF \,T)J'~EinT '~m _"HIN: On this, the ~ day 0~/~ ' A.D. 2004, before me the undersigned officer, personally appeared IN ,LEHMER and ALICE F. LEHMER, his wife, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ll~JC ~,j,~ otary u IC My Commission expires: (SEAL) NOT ARlAL SEAl MICHiLEA. RENEKER, NcUyPublic City d Harrisbofg, ~ County My Commission ExpIres MlIdl17, 2007 600K 264 PAGE 787 CERTIFICA TE OF RF.~F.NCE I HEREBY CERTIFY that the precise residence of the Grantee is: Sb/5 e M'rtdlt 'Rd. .$ude 100 /II."'kuJI~:J -fA-I7/)~~~ Alto ey tee 'fy this to be recorded I Certl PA In Cumberland County. . ~r' ;.u.,," ~ Recorder of Deeds .....99~~9~lil::!l:;;:!:9llO!~ ~ go .,., ~ on '" ~?:~ .,., ....gr-6'jgJr;;j ..... . (U . -. * ;;:, li -:;_~_=:i~ I ~~, f '!l. No ., ~~:i!:i!~i;~;gi!3S~ - g ~ ~ - Q. to'I.c>...o~:!i :..... i~cn a l;"b' it ....... ... ~... >> ~ ~. !ij~;;l !if :l! ~9 "" '" ~ .... ... _. ='< "" ." iI... .. . 2:l ~?: "" ~ .. f ~ ~,~ - ~~ ~ -.... <II eI.. ..... --- "" ~-- - ~ Ii ii;~~~~~~~~.~ 51- BOOK 264 PAGE 788 N .... i:gggl;1l888gJ8g8lBgl ~ i --.- -.- - - --~..-' rJ;'1,- I" 07 () / ~()( Uf7Cl(l . -::. i.l:' .':\EGLEoP'r :'".. -.', ~: ,:.., .,' '.jr DEt. =-> - i,i,'i, :\-'.\;'0 oOl.lln'! - i THIS DEED ...:. ,\-" TAX PARCEL NO:38-06-00Il-020 PI'I 1 SO 'l\ \'~Ahk THE II ~y of March, Two Thousand Four (2004) by and between: H. WAYNE SWEGER (joined by his wife, namely, DEBORAH SWEGER), EVONNE M. NEIBERT (joined by her husband, namely, DARYL E. NEIBERT), and MARY E. LUTZ (joined by her husband, namely, THOMAS LUTZ), parties of the first part, hereinafter called "Grantors", AND 195 ASSOClA TES, LLC, party of the second part, hereinafter called "Grantee": WITNESSETH: that in consideration of the sum of Seven Hundred Seventy Thousand and Noll 00 ($770,000.00) Dollars, in hand paid by Grantee to Grantors, the receipt whereof is hereby acknowledged by said Grantors, the said Grantors do hereby grant and convey unto the said Grantee, its successors and assigns; ALL THAT CERTAIN tract or parcel ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described in accordance with a certain Final Subdivision Plan for Anna G. Sweger as made by John C. Brilhart Surveying and Mapping Services on June 2,1977, revised June 16, 1977, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 31, Page 39, as follows, to wit: BEGINNING at a point in the center of Willow Mill Road (existing L.R. 21001) at its intersection with the center ofVotech Road (T-616); thence along and through said Willow Mill Road (existing L.R. 21001), North sixteen (16) degrees thirty-one (31) minutes West, a distance of one hundred thirty and no one-hundredths (130.00) feet to a point; thence along lands now or formerly ofGumey Zeigler and Donald Wise, South Seventy-nine (79) degrees forty-six (46) minutes West, a distance of one hundred sixty-six and seven-tenths (166.7) feet to a point at the low water mark of the Conodoguinet Creek; thence northwardly along the low water mark of the Conodoguinet Creek, a distance of one thousand one hundred eighty-four (1,184) feet, more or less, to a point at the line of lands now or formerly of C. C. Weber; thence along the line of lands now or formerly ofC. C. Weber, North sixty-four (64) degrees twenty-two (22) minutes East, a distance of ninety-eight and no tenths (98.0) feet to a point on the easterly legal right-of-way line of Willow Mill Road (existing L.R. 21001) aforesaid; thence along the easterly legal right-of- way line of Willow Mill Road (existing L.R. 21001), North fourteen (14) degrees thirty-five (35) minutes West, a distance of two hundred and no tenths (200.0) feet to a point; thence through Willow Mill Road (existing L.R. 21001), North twenty-three (23) degrees forty-five (45) minutes West, a distance of three hundred and no tenths (300.0) feet to a point on the westerly legal right- of-way line of Willow Mill Road (existing L.R. 21001); thence along the line oflands now or formerly of J. Harri Smith, crossing Willow Mill Road (existing L.R. 21001) and further crossing L.R. 21001 (T.R. 114), North eighty (80) degrees forty-one (41) minutes East, a distance ofnine hundred sixty-two and no tenths (962.0) feet to a point at the low water mark of the l 1I00~ 262 ~,\CE 148 .' . C'unodoguinet Creek; thence southwardly along the low water mark of the Conodoguinet Creek, a distance of one thousand five hundred eighty (1,580) feet, more or less, to a point; thence South sixty-one (61) degrees thirty-four (34) minutes West, a distance of five hundred eighty-six (586) feet, more or less, to a point in the center ofVotech Road (T-616); thence continuing along the center ofVotech Road (T-616), South fifty (50) degrees one (01) minute West, a distance of three hundred thirty-two and forty-nine one-hundredths (332.49) feet to a point at the southeasterly comer of Lot No. I on said Plan; thence along the easterly line of said Lot No.1, North twenty-two (22) degrees thirty-six (36) minutes West, a distance of four hundred eighty- nine and ninety seven one-hundredths (489.97) feet to a point; thence along the northern line of said Lot No. I, South seventy-eight (78) degrees twenty-six (26) minutes West, a distance of two hundred thirty-four and eleven one hundredths (234.11) feet to a point in the center of Willow Mill Road (existing L.R. 21001) aforesaid; thence along the center of Willow Mill Road (existing L.R. 21001), South two (02) degrees three (03) minutes West, a distance of two hundred and ninety one-hundredths (200.90) feet to a point; thence continuing along the center of willow Mill Road (existing 21001) on a curve to the left having a radius of Nine hundred fifty (950) feet, an arc distance of four hundred eighty-eight and ninety-seven one hundredths (488.97) feet to a point, the point and Place of Beginning. CONTAINING Twenty-Nine (29) acres, more or less. BEING the remaining portion of the premises which Samuel S. Potteiger and Mary M. Potteiger, his wife, by their deed dated March 20,1951, and recorded in the Recorder's Office aforesaid in Deed Book "P", Vo1wne 14, Page 499, granted and conveyed unto H. Wayne Sweger and Anna G. Sweger his wife. The said H, Wayne Sweger died on June 8,1973, survived by his wife, the said Anna G. Sweger, the decedent herein, in whom title to the same vested absolutely and in fee simple as the surviving tenant by the entireties. THE said Anna G. Sweger died on October 2, 1998, survived by her children, namely H. Wayn Sweger, Jr., Evonne M. Niebert and Mary E. Lutz, Grantors herein, to whom title to said premises vested pursuant to Decree awarding Real Estate dated November 10, 1999, entered by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania docketed to Estate No. 21-98-0836, a copy of which was duly recorded in the Recorder's Office aforesaid in Deed Book 211, Page 931. The respective spouses of the grantors join herein only for the purpose of relinquishing any inchoate marital rights which may have accrued subsequent to said Decree awarding Real Estate. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. -2- BOOK 262 PACE 149 . ... IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year above written. WITNESSED BY: Ii. ~ L~ H. Wa~eger ~ (SEAL) ;(It boz{} Jt. R))t!//t- Deborah Sweger ~/1mV 'fJ! ~&d- Evonne M. 1'1 bert (SEAL) (SEAL) ~ " '--" a;/t 2~ (SEAL) yl E. Neib rt V~~f~ (SEAL) ~~;;;:fJ5 (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) : SS ) On this, the \ 1 +h day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared H. Wayne Sweger and Deborah Sweger, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OOMMONWIAl: 01' PINNeVlVANlA _SeIIl Sa>dra K. ~ NIlIary PubIc Moc:t"'kdb.tg Baa, ClmloIlaoIll ea...ty My Ca........... E>cpiNs Nov. 22. '2fX1T Member. Pennlylvenla Auocletlon Of'Notarie15 ~ cytdw- -k ~C\JfL:, Notary Public ~ -3- BOOK 262 PAGE 150 . , .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) : SS ) On this, the II tI, day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Evonne M. Neibert and Daryl E. Neibert, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained. COUNTY OF CUMBERLAND ) : SS ) On this, the I (-\{.., day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Mary E. Lutz and Thomas Lutz, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained, ." I.' ....", ~ WITNESS WHEREOF, I hereunto set my hand and official seal. ,-'AI,.,.... 8~.',- .. _.''''~'''-:; ..... ~..:.::~.<~o:\. ~OMMONWEAl OF PeNNSYLVANIA ~ N~ . ':\~""""4. ".~ ~ NcarWSeaI cL i ~ 7 ~!~. :~"'9~~~~\~* SaNhK.St'OWInNatarYPubIc ~ 'i'li:..~.lit!>cr,tll'f;:J~ ~_oIcIIIlIIIlBorO,(;umboIIlrIdCoun\)l '- . ;. \...~ilt.~.;0 i" Myc...........E>qinIs_.22.2007 Notary Pubhc :~. "" \("/~ '-.~."". - '~~':i' U--ber pen........,8nllli Association Of Notari" . (:) .....4',s'l't.Ilt>':.t tlol .,_n , ,~" o=:., ~ ............ . ....~.;;f ..':::;: Certificate of Residence "",,'f~p\1..;,r ,,""......H ,.' I hereby certify that the precise and complete post office address of the within named Grantee is 3609 Gettysburg Road, Camp Hill, PA 17011 Dated: March ,2004. /J~# I Atto ey/ Ag for Grantee .4- Bo"oR 262 PACE 151 '; be recorded , ,0.1 County P A .,' ..:r...-? Jt::,'u ,.:(../~'-"''' ., . .y. ~ '. '. 'I ~ -, , -~ ~ \*c,:.\,.' -. ~/ Recorder of Deeds ~k. dlo'd. r~ \0\ "'A \ > "" C1lIIberland Cou~1;y ~R!Cor,jer of lleeds Instr~ftt Filin9 RecetP'tlf 486C32 . ,. Instrft 2004--00B701 ~tH i20(/1! 13:49:56 Reaarks: FOREllAN 195 ASSOCS DEED 13,00 DEED - ~IRIT .50 DEED - m STATE 7700,00 CUME:ERLAHD VPJ..LEY 3850.00 SILVER SPRING TWI' 3850,00 DEED - A1H 11.50 J.e.s. I A.T,J, IO,QO CO IMPROVEl\E~ FHO 2.00 REt. IIIPRVlIT FUND .~'. ' , S~Ou '-'}:.," Check8 5540 ./::" n,139.50 Check" 5543 ..50 Check" 5542 n.700.00 Total Received.."... $15,440.00 ~ 7d ~ ~ I+- ~ C> ~ 9v -rJ ~ ~ r f...> w ~-<lF (~-. ~--, , ...;_. <,"' -- SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00449 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENN CREDIT CORPORATION VS 195 ASSOCIATES LLC R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT 195 ASSOCIATES LLC but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , 195 ASSOCIATES LLC 3609 GETTYSBURG ROAD CAMP HILL, PA 17011 NO SUCH BUSINESS AT GIVEN ADDRESS. BUSINESS THERE CURRENTLY HAS BEEN THERE FOR 2 YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 13.20 5.00 10.00 .39 46.59 So ans;;::oEE>7 />_/,. ::,:...,....> .~~~.---- R. Thomas Kline Sheriff of Cumberland County -' FRIEDMAN & KING 01/27/2006 Sworn and subscribed to before me this ,='i4 day of 9,<"...) ;JiJOl.,. A.D. 'rZfn~~l FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID #07176 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff PENN CREDIT CORPORATION, Plaintiff v. 195 ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Of-- l/Lf9 (}~u;L~~ IN EQUITY PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please reissue the above-captioned writ of summons. Date: 2/1d 06 Respectfully submitted, Ri ard S. Friedman, Esquire ON. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 (') 1'1 -1'1 1l"! OJ c~ .-...., ["',.1 U1 __J WIX, WENGER & WEIDNER Steven M. Williams, 1.0. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for DefendanUPetitioner PENN CREDIT CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. NO. 06-449 CIVIL TERM 195 ASSOCIATES, LLC, DefendanUPetitioner IN EQUITY PETITION TO STRIKE LIS PENDENS AND NOW, comes DefendanUPetitioner, 195 Associates, LLC, by and through its attorneys, Wix, Wenger and Weidner, and files this Petition to Strike Lis Pendens, stating the following: 1. DefendanUPetitioner, 195 Associates, LLC ("195 Associates"), is a Pennsylvania limited liability company and the owner of those certain tracts of land located in Silver Spring Township with a Tax ID #'s 38-6-11-12 and 38-6-11-20 ("Silver Spring Commerce Park") and containing approximately 91 acres. Attached hereto as Exhibit A and is incorporated herein by reference as if fully set forth is a legal description of Silver Spring Commerce Park. 2. At all times relevant hereto, 195 Associates was in the process of obtain land development and subdivision approvals from Silver Spring Township for Silver Spring Commerce Park. 3. Plaintiff/Respondent, Penn Credit Corporation ("Plaintiff"), is a Pennsylvania corporation. 4. On or about November 4, 2004, 195 Associates, as seller, and Plaintiff, as buyer, entered into an Agreement for the Sale of Commercial Real Estate (the "Sales Agreement") whereby 195 Associates agreed to sell to Plaintiff and Plaintiff agreed to purchase from 195 Associates that portion of Silver Spring Commerce Park known as Lot # 6, containing approximately 3.31 acres (the "Property"). A true and correct copy of the Sales Agreement is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. Attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth is a legal description of the Property. 5. At the time of signing the Sales Agreement, and pursuant to paragraph 3.(A)(1) thereof, Plaintiff deposited with NAI/CIR, 195 Associates' real estate broker, the required sum of $10,000 (the "Deposit"). NAI/CIR deposited and maintained the Deposit in its escrow account. 6. Paragraph 3.(0) of the Sales Agreement states: "Settlement to be on April 22, 2005 Seller may extend this date 90 days, or before if Buyer and Seller agree." 2 7. Paragraph 5.(B) of the Sales Agreement states, in pertinent part: "Contingent upon Seller obtaining final and unappealable approvals for the development of the Silver Spring Commerce Park, and plan is recorded. Subject to architectural review." 8. Paragraph 7.(A) of the Sales Agreement states: "The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement." 9. Paragraph 7.(C) of the Sales Agreement states: "The date of settlement is not extended by any other provision of this Agreement and may only be extended by written agreement of the parties." 10. Paragraph 8.(C) 2. of the Sales Agreement states, in pertinent part: "Financing commitment date January 31, 2005. Unless otherwise agreed to in writing by Buyer and Seller, if a written commitment is not received by Seller by the above date, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID." (emphasis in original). 11. Plaintiff did not provide to 195 Associates by January 31,2005 a written financing commitment. 12. On January 31, 2005, 195 Associates and Plaintiff entered into an Addendum/Endorsement to the Agreement of Sale (the "January Addendum"), which states: "Buyer and Seller agree to extend mortgage financing date to March 30, 2005. All other terms and conditions of the Agreement of Sale remain unchanged and in full force and effect." A true and correct copy of the January 3 Addendum is attached hereto as Exhibit 0 and is incorporated herein by reference as if fully set forth. 13. On April 26, 2005, 195 Associates and Plaintiff entered into another Addendum to the Agreement of Sale (the "April Addendum"), which states: "This will confirm that all parties agree to the extension of the Settlement date stipulated in paragraph 3.(0) until October 2005." A true and correct copy of the April Addendum is attached hereto as Exhibit E and is incorporated herein by reference as if fully set forth. 14. Plaintiff did not provide to 195 Associates prior to October 31,2005 a written financing commitment. 15. Upon information and belief, Plaintiff did not have a financing commitment prior to October 31,2005. 16. At no time after October 31,2005 did Plaintiff provide to 195 Associates a written financing commitment. 17. Plaintiff did not contact 195 Associates prior to October 31, 2005 to schedule settlement. 18. At no time after October 31,2005 did Plaintiff contact 195 Associates to schedule settlement. 19. Plaintiff did not contact 195 Associates prior to October 31,2005 to request an extension of the settlement date. 20. At no time after October 31,2005 did Plaintiff contact 195 Associates to request an extension of the settlement date. 4 21. Neither party tendered settlement performance, and settlement did not occur in October 2005. 22. After October 31,2005, because Plaintiff had not requested that settlement be scheduled, had not tendered settlement, and had not requested an extension of the settlement date, 195 Associates deemed the Sales Agreement to be void, and believed that NAI/CIR would thereafter return the Deposit to Plaintiff. 23. In January 2006,195 Associates learned that NAI/CIR had not returned the Deposit to Plaintiff, and thereupon instructed NAI/CIR to do so. A true and correct copy of 195 Associates' letter to NAI/CIR dated January 16, 2006 is attached hereto as Exhibit F and is incorporated herein by reference as if fully set forth. 24. As of January 16, 2006, when 195 Associates directed NAI/CIR to return the Deposit to Plaintiff, Plaintiff had not requested that settlement be scheduled, had not tendered settlement, and had not requested an extension of the settlement date. 25. In or about December 2005, 195 Associates entered into an agreement to sell Silver Spring Commerce Park, including the Property, to a third party (the "Current Sale"). 26. Settlement on the Current Sale is scheduled to occur in May 2006. 27. Plaintiff initiated this action by filing a Praecipe for Writ of Summons on January 24, 2006. 5 28. At the same time, Plaintiff filed a Praecipe for Lis Pendens directing the Prothonotary to index this action as a lis pendens against the entirety of Silver Spring Commerce Park. 29. The lis pendens will prevent 195 Associates from being able to settle on the Current Sale. 30. Plaintiff has no interest in or rights to the title of the entirety of Silver Spring Commerce Park because the Sales Agreement covered only the Property (i.e., Lot # 6), which constitutes less than 4% of the land that makes up Silver Spring Commerce Park. 31. Plaintiff was at all times fully aware that it had no interest in or rights to the title of the entirety of Silver Spring Commerce Park. 32. Plaintiff had no right to encumber Silver Spring Commerce Park by filing a lis pendens against it. 33. Plaintiff was at all times fully aware that it had no right to encumber Silver Spring Commerce Park by filing a lis pendens against it. 34. Because Plaintiff has no interest in or rights to the title to Silver Spring Commerce Park, the lis pendens should be stricken from the record. 35. Plaintiff's action in filing a lis pendens against Silver Spring Commerce Park was done willfully, wantonly, with no regard for the fact that Plaintiff has and had no rights or interest in or to the title thereto, and for the express improper purpose of impeding 195 Associates' lawful rights to sell Silver Spring Commerce Park, unencumbered by a lis pendens. 6 36. As a consequence, 195 Associates is entitled to recover from Plaintiff all damages that it incurs as a result of the indexing of the lis pendens, including all attorney's fees incurred in connection with this Petition, all damages relating to the inability to settle on the Current Sale, and punitive damages. 37. As of October 31,2005, when no settlement occurred, the Sales Agreement became void, and Plaintiff no longer had any interest in or rights to the title of the Property. 38. Plaintiff was at all times fully aware that it had no interest in or rights to the title of the Property. 39. Plaintiff had no right to encumber the Property by filing a lis pendens against it. 40. Plaintiff was at all times fully aware that it has no right to encumber the Property by filing a lis pendens against it. 41. Because Plaintiff has no interest in or rights to the title to the Property, the lis pendens should be stricken from the record. 42. Plaintiff's action in filing a lis pendens against the Property was done willfully, wantonly, with no regard for the fact that it has and had no rights or interest in or to the title thereto, and for the express improper purpose of impeding 195 Associates' lawful rights to sell the Property, unencumbered by a lis pendens. 43. As a consequence, 195 Associates is entitled to recover from Plaintiff all damages that it incurs as a result of the indexing of the lis pendens, including all attorney's fees incurred in connection with this Petition, all damages relating to the inability to settle on the Current Sale, and punitive damages. 7 WHEREFORE, 195 Associates respectfully requests that this Honorable Court strike the lis pendens from the record, award such damages, including the attorney's fees 195 Associates incurs in connection with this Petition, and such other relief as this Court deems just and appropriate. Date: 3\ 8\ oG teven M. Williams, I.D. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant/Petitioner F:\smw\5923 (MURPHY, JOHN)\13837 (195 Associates - Penn Credit)\Documen~Pet to Strike Lis Pendens. doc 8 EXHIBIT A Silver Spring Commerce Park Legal Description ~~ri3 ~ t\\.c : [EGLER t:~ [.~ . f ,'. ~1 ',: i- r E E 0 S . \: H 2 ~. i:: ~ 1\ i, (01.,1 N T Y - P A 'OY JUL 15 ArJ 9 19 Tax Parcel No. PIO 38-06-0011-012 Made the .gl1d and four (2004). day of TillS INDENTURE ~tl'v in the year two thousand Between YVONNE M. HOFFMAN, fonnerly known as YVONNE M. ESHLEMAN, in her capacity as Executrix of the Estate of FREDERICK A.M. ESHLEMAN, also known as Frederick M. Eshleman, Deceased, late of Savannah, Chatham County, Georgia; RIMMER FAMILY TRUST, by its Trustee, BRANCH BANKING AND TRUST COMPANY, of Pinehurst, North Carolina; and MARLIN L. LEHMER and ALICE F, LEHMER, his wife, currently of Mechanicsburg, Cumberland County, Pennsylvania, GRANTORS, and 195 ASSOCIATES LLC, a Pennsylvania Limited Liability company, of Mechanics burg, Pennsylvania, GRANTEE. WITNESSETH, that in consideration of the sum of ONE MILLION EIGHT HUNDRED EIGHTY THOUSAND and Nolloo ($1,880,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, his heirs and assigns: ALL THE FOLLOWING described tracts ofland situate, lying and being in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Tract No.1 BEGINNING at a point at the northwestern corner of lands now or formerly of Anna Sweger, widow ofH. Wayne Sweger, and at the eastern boundary line of the right-of-way of the New Willow Mill Road (S.R. 114), thence along said right-of-way line the following courses and distances: North 32 degrees 01 minutes 01 seconds West, a distance of 268.14 feet; thence North 23 degrees 14 minutes 10 seconds West, a distance of 419.91 feet; thence North 06 degrees 01 minutes 27 seconds West, a distance of 329.44 feet; thence North 02 degrees 31 minutes 37 seconds West, a distance of 155.50 feet; thence North 02 degrees 33 minutes 04 seconds West, a distance of 427.77 feet; thence South 87 degrees 26 minutes 56 seconds West, a distance of 20.00 feet; thence North 02 degrees 33 minutes 04 seconds West, a distance of 472.95 feet; thence veering away from said right-of-way line and along governmental lands owned in conjunction with an entry ramp for United States Interstate Highway No. 81 (Northbound Lane) the following courses and distances: North 14 degrees 28 minutes 25 seconds East, a distance of 207.31 feet; thence North 53 degrees 07 minutes 56 seconds East, a distance of 288.66 feet; thence North 68 degrees 46 minutes 28 seconds East, a B6QK g64 PAGE 780 distance of 259.62 feet; thence North 36 degrees 25 minutes 59 seconds East, a distance of 104.40 feet; thence North 53 degrees 07 minutes 56 seconds East, a distance of90,89 feet; thence continuing along same on a curve to the right, having a length of 195.87 feet, a radius of 1482.40 feet, a chord bearing of North 56 degrees 55 minutes 03 seconds East, and a chord length of 195.72 feet to a point; thence continuing along the same South 29 degrees 17 minutes 50 seconds East, a distance of 10,00 feet to a point; thence continuing along the same on another curve to the right having a length of 295.43 feet, a radius of 1472.40 feet, a chord bearing of North 66 degrees 27 minutes 03 seconds East, a chord length of 294. 94 feet to a point; thence continuing on the said curve to the right having a length of79.94 feet, a radius of27124.80 feet, a chord bearing of North 73 degrees 26 minutes 39 seconds East, and a chord length of79.94 feet to a point; thence continuing along same South 16 degrees 05 minutes 04 second East, a distance of25.00 feet to a point; thence continuing along same on a curve to the right having a length of 187.25 feet, a radius of 2642.93 feet, a chord bearing of North 75 degrees 56 minutes 43 seconds East and a chord length of 187.21 feet to a point; thence continuing along the same South 12 degrees 0 I minutes 30 seconds East, a distance of 40.00' feet to a point; thence continuing along the same on a curve to the right having a lenglh of 285 .40, a radius of 2602.93 feet, a chord bearing of North 81 degrees 06 minutes 58 seconds East, and a chord length of285.26 feet to a point on a bend in Conodoguinet Creek, thence along the line of the said Conodoguinet Creek, the following courses and distances: South 61 degrees 51 minutes 24 seconds West, a distance of 91.82 feet; thence South 52 degrees 17 minutes 56 seconds West, a distance of 160.46 feet; thence South 45 degrees 48 minutes II seconds West, a distance of 110.64 feet; thence South 35 degrees 02 minutes 23 seconds West, a distance of96.31 feet; thence South 32 degrees 49 minutes 29 seconds West, a distance of 198.38 feet; thence South 24 degrees 30 minutes 41 seconds West, a distance of 179.99 feet; thence South 28 degrees 57 minutes 00 seconds West, a distance of 119,08 feet; thence South 22 degrees 53 minutes 16 seconds West, a distance of200.39 feet; thence South 13 degrees 46 minutes 18 seconds West, a distance of275,92 feet; thence South 06 degrees 19 minutes 49 seconds West, a distance of 320,95 feet; thence South 00 degrees 47 minutes 57 seconds East, a distance of 195.25 feet; thence South 05 degrees 51 minutes 56 seconds East, a distance of 156.65 feet; thence South 08 degrees 03 minutes 59 minutes West, a distance of 119.76 feet; thence South 02 degrees 30 minutes 11 seconds East, a distance of386.11 feet; thence South 08 degrees 01 minutes 35 seconds East, a distance of214.87 feet; thence South 12 degrees 03 minutes 53 seconds East, a distance of 194.85 feet to a point at the northeastern comer of lands now or formerly of Anna Sweger, widow ofH. Wayne Sweger; thence along the northern boundary line of said lands now or formerly of said Sweger South 80 degrees 41 minutes 00 seconds West, a distance of 582.84 feet to a point at the northwestern corner of said lands now or formerly of said Sweger, and at the eastern boundary line of the right-of-way of the New Willow Mill Road (S.R. 114) aforesaid, the point and place of BEGINNING. CONTAINING 52.72 Acres or 2,296,562.78 square feet and being described according to a Preliminary Subdivision Plan, overall Property Plan, Silver Spring Commerce Park, Silver Spring Township, Cumberland County, Pennsylvania, prepared by Alpha Consulting Engineers, Inc., ~oo~ 264 PAGe 781 currently of 145 Limekiln Road, Suite 600, p, O. Box G, New Cumberland, PA 17070, being Project No. 220207, per sheet 2 002. Tract No.2 BEGINNING at a point at the northwest corner of lands now or formerly ofF red Fiala, said point also being on the southerly right of way line of United States Highway Interstate Route No. 81 (Northbound Lane) as shown on the hereinafter mentioned survey; thence along the westerly boundary line of said lands now or fonnerly of said Fiala, South 0& degrees 01 minute 36 seconds West, a distance of 273 .16 feet to a point; thence continuing along the same South 0 I degree 58 minutes 24 seconds East, a distance of 440.0 feet to a point on the line of the Conodoguinet Creek; thence along the line of the said Conodoguinet Creek North 44 degrees 50 minutes 20 seconds West, a distance of 976.4& feet to a point; thence continuing along the same North 70 degrees 31 minutes 40 seconds West, a distance of359.84 feet to a point at the right of way line of said Route No. &1; thence along said right of way line North 02 degrees 40 minutes 23 seconds West, a distance of95.0 feet more or less to a point; thence continuing along the same on a curve to the right, having a length of 475,03 feet, and a radius of 2,722.93 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of 84.58 feet to a point; thence continuing along the same South 07 degrees 19 minutes 21 seconds West, a distance of 10.0 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of300.0 feet to a point; thence continuing along the same South 07 degrees 19 minutes 21 seconds West, a distance of 110.0 feet to a point; thence continuing along the same South 82 degrees 40 minutes 39 seconds East, a distance of 217.64 feet to a point at the northwest comer of lands now or formerly of Fred Fiala, said point also being on the southerly right of way line of United States Highway Interstate Route No. 81 (Northbound Lane) aforesaid, the point and place of BEGINNING. CONTAINING 9.133 Acres more or less. BEING DESCRIBED ACCORDING to that certain Plan of Property for REL F ARM (also for 10hn Hall), Silver Spring Township, Cumberland County, Pennsylvania, dated September 20, 1979, last revised October 31,1979, prepared by D. P. Raffensperger Associates, Engineers & Surveyors, Camp Hilt, Pennsylvania, designated #353-2. BEING UNDER AND SUBJECT TO: all that certain area designated on said survey as "Area Required For Channel Change" and as is also designated the same on assorted official Highway Maps. GRANTORS also reserve from this grant and conveyance an easement and right-of-way for a sewer line, water line, and for other standard utilities, as is to be more fully set forth, bounded, and described at large in a separate instrument to be recorded in the miscellaneous record books of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. RECENT TITLE HISTORY BEING PART OF the same prcsmises which David R. Smith and Paul H. Smith, Executors of the Last Will and Testament of I. Harry Smith, by their Deed dated lune 3, 1963, and recorded in the Office of the Recorders of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "W", Volume 20, Page 110, granted and conveyed unto Frederick A.M. Eshleman, Donald C. Rimmer, and Marlin L. Lehmer, as co-partners, The said Donald C. Rimmer departed this earthly life on August 7, 1986, thus BOOK 264 PACE '782 terminating the said partnership, it then becoming a tenancy in common being composed of three equal and undivided shares among the said Frederick A.M. Eshleman, Marlin L. Lehmer, and the Rimmer Family Trust, an Inter Vivos Trust, established by an instrument erroneously dated January 16, 1985, but in fact having been executed on January 16, 1986, by which the said Donald C. Rimmer, as Grantor, transferred certain assets to Southern National Bank of North Carolina, as Trustee. Said Trustee since having been merged into Branch Banking and Trust Company of Pinehurst, North Carolina per a statuatory merger being consummated on the 30th day of May, 1995, as will more fully appear at large in that certain Certificate of Merger on file in the Department of the Secretary of State of the State of North Carolina. The originally transferred assets to said Trustee did not include any interest in the said premises. Rather, the said Donald C. Rimmer provided for the transfer of the same by his last will and testament of January 16, 1986, not by a specific devise but by a general residue clause in Article Four therein, which reads in pertinent part: "All the rest, residue and remainder of my property and estate, wherever situated, and of whatever nature. . ., 1 devise to the Trustee under a certain trust agreement dated the J 6th day of January, J 986, between me and Southern National Bank of North Carolina, to become part of such trust and to be managed in accordance with the terms and provisions of such trost agreement. The transfer and delivery of this devise to such Trustee and its receipt therefor shall constitute a full acquittance of my Personal Representative and shall terminate all probate proceedings in relation to my residuary estate. " The Trust instrument aforesaid, , in Article Five, provides for the grant of Fiduciary Powers, and reads in pertinent part: "J grant my Trustee (including any successor Trustee) the authority and power to exercise in its sole discretion and without court order, in respect of any property forming part of any trust created under this agreement or otherwise in its possession hereunder, all powers conferred by law upon trustees,. or expressed in this agreement, and 1 intend that the powers so granted be construed in the broadest possible manner. " Trustee herein is authorized and empowered by the then and current statutes of North Carolina to make, sign, seal, and deliver to the purchaser herein this deed. As above stated, the said Southern National Bank of North Carolina, has been succeeded as Trustee by Branch Banking and Trust Company of Pinehurst, North Carolina, as per the merger referred to hereinabove. The said Frederick A.M. Eshleman has since also departed this earthly life, at the time being a resident of Savannah, Chatham County, Georgia. On or about the 24th day of September, 2003, there was filed in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, docketed to No. 2003-00467, a full and exemplified record of the Probate Proceedings filed in the County of Chatham, State of Georgia, showing and proving more fully at large, the due and proper appointment of Yvonne M. Eshleman, as Executrix of the last will and testament of the said Frederick A.M. Eshleman on the 18th day of March, 2002. The said Yvonne M. Eshleman has since intermarried July 22, 2003 with Steven T. Hoffman and is now known as Yvonne M. Hoffman. BOOK 264 PAGE 783 The said Marlin L. Lehmer, joined by his wife, Alice F, Lehmer, by their deed dated December 12, 1990, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "X", Volumbe 34, Page 390, granted and conveyed unto themselves, the same said Marlin L. Lehmer, and Alice F. Lehmer, his wife, their one-third (1/3) undivided interest in and to the said premises. Subsequently, the said Marlin L. Lehmer and Alice F. Lehmer, his wife, by their deed dated June 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 203, Page 70, granted and conveyed the same said undivided interest to the said Marlin L. Lehmer, in his own right. ACCORDINGLY, THE SAID ALICE F. LEHMER, JOINS IN THE SIGNING OF TIllS DEED SOLELY FOR RECORD TITLE PURPOSES. SHE MAKES NO CLAIM OF ANY OWNERSHIP INTEREST IN OR TO THE PRMISES AND MAKES NO REPRESENTATIONS AS TO THE PROPERTY IN ANY RESPECT NOR DOES SHE JOIN IN ANY WARRANTY AS TO TITLE. THERE IS RESERVED FROM THIS CONVEYANCE the burial plot, twenty-five (25) feet in width and thirty-three (33) feet in depth, which J, Harry Smith and Laura E. Smith, his wife, by their deed dated October 29, 1927, and recorded in the Recorder's Office aforesaid, in Deed Book "Q", Volume 10, Page 462, granted and conveyed unto Abram Bosler, BEING SUBJECT TO EASEMENTS, OF RECORD OR VISIBLE BY ON SUE INSPECTION. Also excluded from this conveyance is all that certain acreage taken in condemnation proceedings for the reloction oflnterstate Route 81 and State Legislative Route 114. AND THE SAID YVONNE M. HOFFMAN, Executrix as aforesaid, her heirs, executors and administrators, does ccvenant, promise and agree to and with the said Grantee, his heirs and assigns, by these presents, that the said Executrix/Grantor has not done, committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered in title, or otherwise howsoever. AND THE SAID BRANCH BANKING AND TRUST COMPANY, TRUSTEE, its successors and assigns, does covenant, promise and agree to and with the said Grantee, his heirs and assigns, by these presents, that the said Trustee/Grantor has not done, committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered in title, or otherwise howsoever. AND, THE SAID GRANTOR, MARLIN L. LEHMER, hereby covenants and agrees that he will warrant specially the property hereby conveyed. aOOK 264 pm 784 IN WITNESS WHEREOF, the said YVONNE M. HOFFMAN, Executrix of the Estate of FREDERICK A.M. ESHLEMAN, deceased, Grantor herein, has hereunto set her hand and seal the day and year first above written. WITNESS: 9~rC- G~ 1re ' ~ 1t1. V./ill~ (SEAL) Y NNE M. HdFFMAN, E etutrix of the Estate of FREDERICK A.M. ESHLEMAN, Deceased STATE OF GEORGIA COUNTY OF t~ SS. On this, the 2'Jj. day of ~ ' A.D. 2004, before me, a Notary Public, in and for said County and State, he un rsigned officer, personally appeared YVONNE M. HOFFMAN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand My Commission expires: SUZANNE H, LEWIS NOiAAY PUBLIC Chatham County, Georgia Oommlaolon ExpIr.. 0110712007 (SEAL) BOOK 264 PACE 785 IN WITNESS WHEREOF, the said, BRANCH BANKING AND TRUST COMPANY, TRUSTEE, ofthe said RIMMER FAMILY TRUST, has caused this Indenture to be signed by PATRICE O. CAIN, VICE-PRESIDENT and TRUST OFF1CER, attested to by its Assistant Secretary, and to have affixed hereunto the common seal of the said Corporation, the day and year first above written. BRANCH BANKING AND TRUST CaMP ANY TRUSTEE OF THE RlMMER F AMIL Y TRUST BY~ ~ (SEAL) P TRICE O. CAIN, VICE PRESIDENT AND TRUST OFFICER r .;,..,. ,'. ..,q;<,~~ ...""... . ~'(:I.. , .-::~ .',r,'~"" ....~ ,T,S.,,~.C~TARY , "" - t, ,.'_1!1. -.'!(~.; ,.)O~ ~" u" . -fJ . ' :l~, .ittf~<i~~.s; 's"ear] , <"'t', l\>.P\..... ._, STATE OF NORTH CAROLINA COUNTY OF Illcol?r : 55. pI:> ~~ On this, the~day of '-..J I- . , A.D. 2004, before me, the undersigned officer, personally appeared P A RICE O. CAIN, who acknowledged herself to be theVICE PRESIDENTand TRUST OFFICER of BRANCH BANKING AND TRUST COMPANY, a Corporation, that she, as such VICE PRESIDENT and TRUST OFFICER of said TRUSTEE, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the Corporation, as TRUSTEE, by herself, as said VICE PRESIDENT and TRUST OFF1CER. I certify that I am neither an officer nor a director of said Corporation. BOOK 264 PAGE 786 IN WITNESS WHEREOF, the said MARLIN L. LEHMER and ALICE F. LEHMER, his wife, have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: ~kJ.tL~) (SEAL) MARLINL. ~ ~~ (SEAL) ALICE F. LEHMER COMMONWEALTH OF PENNSYLVANIA : . I: SS. COUNTY OF ~rJH~~T n1n ~HIN: On this, the ~ day of ""1ft, . , A.D. 2004, before me the undersigned officer, personally appeared MARLIN ,LEHMER and ALICE F, LEHMER, his wife, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1!~kC Il,j,~ otary u lic ' ,'- My Commission expires: (SEAL) NOTARIAL sEAL MICHilE A. RENEKER, Nota)' PlilIIc City of Hamsllurg, Dauphin COunty MvCommission Expinls MM:h 17, 2007 BOOK 264 PAGE 787 .~ " " g~ 0- .s ~ ....":'t-~ o ~ "(~ 5 -" ~ ]~ ~ " .~ " <> -... [""l) ~ " .c:: ~ illC ~ '''' ~ ~ \\v .s e~~ >< I~ ~ ~ ~J~ [jj - 15 -< .}. 'OP-< gc B g " ~~ ~ +" ~ en <:l .......,.. -B ~ ~,P .~ g ~u u ~ ............ ~ o o A ...... o t -0 ... o o ~ CUlbe InstrR Re!l-3r~ lIED lIED . DEED . CUIlBEI SILVE' DEED .J.G.S co 1M REG. Ched Ched Checl Tota '6- /0 I r:i)( UflCl/l ,...,Z\EGll;:.l'. ,'''.' 'IT ' . Dr :','" ~."..:..,.;: ',i'r \)C.t.." . '\,_"....Ci'-:' "o"trn-i THIS DEED . "1 'I,)" U '....L,\_h ~V\ 1 SO TAX PARCEL NO:38-06-0011-020 .!ll ~~Ab\: THE II taay of March, Two Thousand Four (2004) by and between: H. WAYNE SWEGER Goined by his wife, namely, DEBORAH SWEGER), EVONNE M, NEIBERT Goined by her husband, namely, DARYL E. NEIBERT), and MARY E. LUTZ Goined by her husband, namely, THOMAS LUTZ), parties of the first part, hereinafter called "Grantors", AND 195 ASSOCIATES, LLC, party of the second part, hereinafter called "Grantee": ""lTNESSETH: that in consideration of the sum of Seven Hundred Seventy Thousand and Noll 00 ($770,000.00) Dollars, in hand paid by Grantee to Grantors, the receipt whereof is hereby acknowledged by said Grantors, the said Grantors do hereby grant and convey unto the said Grantee, its successors and assigns; ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described in accordance with a certain Final Subdivision Plan for Anna G. Sweger as made by John C. Brilhart Surveying and Mapping Services on June 2, 1977, revised June 16, 1977, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 31, Page 39, as follows, to wit: BEGINNING at a point in the center of Willow Mill Road (existing L.R. 21001) at its intersection with the center of V otech Road (T -616); thence along and through said Willow Mill Road (existing L.R. 21001), North sixteen (16) degrees thirty-one (31) minutes West, a distance of one hundred thirty and no one-hundredths (130,00) feet to a point; thence along lands now or formerly of Gurney Zeigler and Donald Wise, South Seventy-nine (79) degrees forty-six (46) minutes West, a distance of one hundred sixty-six and seven-tenths (166.7) feet to a point at the . low water mark ofthe Conodoguinet Creek; thence northwardly along the low water mark oflhe Conodoguinet Creek, a distance of one thousand one hundred eighty-four (1,184) feet, more or less, to a point at the line of lands now or formerly of C. C, Weber; thence along the line of lands now or formerly ofC. C. Weber, North sixty-four (64) degrees twenty-two (22) minutes East, a distance of ninety-eight and no tenths (98.0) feet to a point on the easterly legal right-of-way line of Willow Mill Road (existing L.R. 21001) aforesaid; thence along the easterly legal right-of- way line of Willow Mill Roa.d (existing L.R. 21001), North fourteen (14) degrees thirty-five (35) minutes West, a distance of two hundred and no tenths (200.0) feet to a. point; thence through Willow Mill Road (existing L.R. 21001), North twenty-three (23) degrees forty-five (45) minutes West, a distance of three hundred and no tenths (300.0) feet to a point on the westerly legal right- of-way line of Willow Mill Road (existing L.R. 2100 I); thence along the line of lands now or formerly of J. Harri Smith, crossing Willow Mill Road (existing L.R. 21001) and further crossing L.R. 21001 (T.R. 114), North eighty (80) degrees forty-one (41) minutes East, a distance of nine hundred sixty-two and no tenths (962.0) feet to a point at the low water mark of the 86D:~ 262 roIG.: 148 " - L'onodoguinet Creek; thence southwardly along the low water mark of the Conodoguinet Creek, a distance of one thousand five hundred eighty (1,580) feet, more or less, to a point; thence South sixty-one (61) degrees thirty-four (34) minutes West, a distance of five hundred eighty-six (586) feet, more or less, to a point in the center of V otech Road (T -616); thence continuing along the center ofVotech Road (T-616), South fifty (50) degrees one (01) minute West, a distance of three hundred thirty-two and forty-nine one-hundredths (332.49) feet to a point at the southeasterly comer of Lot No. I on said Plan; thence along the easterly line of said Lot No. I, North twenty-two (22) degrees thirty-six (36) minutes West, a distance offour hundred eighty- nine and ninety seven one-hundredths (489.97) feet to a point; thence along the northern line of said Lot No.1, South seventy-eight (78) degrees twenty-six (26) minutes West, a distance of two hundred thirty-four and eleven one hundredths (234.11) feet to a point in the center of Willow Mill Road (existing L.R. 21001) aforesaid; thence along the center of Willow Mill Road (existing L.R. 21001), South two (02) degrees three (03) minutes West, a distance of two hundred and ninety one-hundredths (200.90) feet to a point; thence continuing along the center of willow Mill Road (existing 2100 I) on a curve to the left having a radius of Nine hundred fifty (950) feet, an arc distance of four hundred eighty-eight and ninety-seven one hundredths (488.97) feet to a point, the point and Place of Beginning. CONTAINING Twenty-Nine (29) acres, more or less. BEING the remaining portion of the premises which Samuel S. Potteiger and Mary M. Potteiger, his wife, by their deed dated March 20,1951, and recorded in the Recorder's Office aforesaid in Deed Book "P", Volume 14, Page 499, granted and conveyed unto H. Wayne Sweger and Anna G. Sweger his wife, The said H. Wayne Sweger died on June 8,1973, survived by his wife, the said Anna G. Sweger, the decedent herein, in whom title to the same vested absolutely and in fee simple as the surviving tenant by the entireties. THE said Anna G, Sweger died on October 2,1998, survived by her children, namely H. Wayn Sweger, Jr., Evonne M. Niebert and Mary E. Lutz, Grantors herein, to whom title to said premises vested pursuant to Decree awarding Real Estate dated November 10, 1999, entered by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania docketed to Estate No. 21-98-0836, a copy of which was duly recorded in the Recorder's Office aforesaid in Deed Book 211, Page 931, The respective spouses of the grantors join herein only for the purpose of relinquishing any inchoate marital rights which may have accrued subsequent to said Decree awarding Real Estate. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed, -2- BOOK 262 PACE 149 . "- IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year above written. WITNESSED BY: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 7/. JJ4 xii H. Wa~eger .'7?'A.-- ;(1; bfJU) Jt .R) ttjjjJlJ- Deborah Sweger rJ~ 'fJ! '(Je&d- Evonne M, N bert (kfJt 1:Z~ yl E. Neib rt '7J{~f~ ~;;C1J5 ) : SS ) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) On this, the \ I +!-) day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared H. Wayne Sweger and Deborah Sweger, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instnunent, and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. OOMMONWIlAL O~ PI!NNIVLVANrA NoiaIaI Seal Sar1dra K. SIDwors, Notary PYbIc Meclla oIcl!Wll Baa, Ctrnbor1a. id County My Co '......1 Explras NoY. 22. 2007 Member, Pennsylvania ABsocJellon Of Notaries BOOK 262 PAGE 150 , '", COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) : SS ) On this, the II tJ, day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Evonne M, Neibert and Daryl E. Neibert, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained. ,~~i~Q~"YIITNESS WHEREOF, I hereunto set my hand and official seal. ;~!~~~$.\TiCOMMONWEAl.THOFPENNSYLVANIA S ~ .~.~\l!!!L. ~SellI ~ 'K. v~. . ..,.... t: ~ ""j, ,,~ : 10 if SancnK.~Nclaryf'Lblc A.f>.. ~~\~ ' ~. ,Moldtalk.b.gBao,CtrnberlrdClX.rily Notary Public or;. 0/.' ..ot.P~1 -- ,.:~:~./.J'O:!"~'li; MyCor,.,~,&pIresNcv.22,2007 .",Q~'''ml''''''''''-'F ~..: ~ '~...' V,: Member. Pennsylvania Association Of Notaries ..'10",,~ PU~ti',;, . , '..!lllm ONWEALTHOFPENNSYLVANIA COUNTY OF CUMBERLAND ) : SS ) On this, the II#., day of March, 2004, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Mary E. Lutz and Thomas Lutz, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained, ,.' '''. '"'''' ~ WITNESS WHEREOF, I hereunto set my hand and official seal. .':....... I(. lJ ",," .' A .........,... :~~.;........;,J:!3't-" ., OMMONWEAL OFPENNSYLVANI ~ ~... ..f\...., .I""~ ,. ;'~." ..~\.......t-1. ...~ ~ NcarialSe2l ; '5f!~, ~;"~V,.:;* SlKlItaK.Stoc7NelB.NoIalY~..., ~ tl!>'lit!! ~ :<' .;);, ~, Mod'_Jcslug Bac. CumbeIlaI1d ~"1 , \,<.~~~. }0 i'. MyQ........,E:qinIsNoo;,22,2007 '::. $ \'~ '-.A:;.,.... .~~.~.. .i;' Member, Pennlytvenla Association Of NotaliH '. " ... ~.s"'Il~:.o t;/.;:, C ofi fR 'd -;.,-..~"'~""~,.? ,- ertllcateo eSI ence 'I.., Ii'r.....u'O ..;! "', -.'fir - .,....,...." " I hereby certify that the precise and complete post office address of the within named Grantee is 3609 Gettysburg Road, Camp Hill, P A 17011 ~cL~'f(~ Notary Public . Dated: March ,2004. 0~? I Atto ey/ Ag n for Grantee -4- Book 262 PACE 151 EXHIBIT B Sales Agreement ~anl3 06 08: 15a Mar-k 717 691 - ~8 F' I AGREEMENT FOR THE SALE OF COMMERCIAL REAL ESTATE AIS-C rIlls fcnn recom!TII:Joood Clnd tlPptQllftQ for, bul nol r8sltic;led 10 u:;o by, 'd1e membl;l~ of the PanMylvania A5~oclQtion of REALTORS~ {P, IRj SELLER'S BUSINESS RELATIONSHIP WITll PA LICENSEO BROKER ~--~ BROKER (Comp'''y) NAIICIR PHONE 71-701-S0'~___1 ADDRESS 1013 MU}oD,.!A ROAD, LEMOYNE1 P./\ ;'7043 FAX ___ r BROKER I~ nl~ AGENT FOR SELLER. De.i~naled A~e"t(,) (or Sellcr, if npplicable: ___~ OR Broker to NOT the Agent ror Seller and [, o/llII: 0 AGENT FOR BUYER 0 TRANSACl'ION LICENSEE ___ BUYF,R'S BUSINESS RELATIONSHIP WITH FA LICENSIW J;lROKER BROKER (Comp"ny) OSO REALTORS . PHONE l12::lli:.l !.'_ AOORIi:SS 3 LEMOYNE DRIVB SU'!:'I'I~ 100 LEMOYlIlE, FA 17043 I,'AX 717-7G3~16,6 BROKER IS 'I'fiE AGENT FOR nUYER. Designated Agcnt(5) for Buyer, ifappIlcable: OR Bl'okCl' i., NOT the Agcnlror Bnyernnd is :11",,: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLli:R 0 TRA,NSAl TI ON LICENSEE When thes:lme Broker Is A~cnt forSelJer and Agent for Buyer, Brokerls il Dual Agent. All ofBrokcr's licensees arc "Iso DL.::t.l . \gents UNLESS there are sepcrateDcSl~llll.tedAgcllt(s}for Buyer andSeUur.lfthc1O.9.me Licensee is desigD:ltcd for Seller And l1uycr. tile Liccro;e( is OJ. Dli:t.l Agent. I 1. This Agreement, doted November 04, 200' 2 SELLER(S), , is between 195 AssaCIATEG1 LLC 3 coiled "Seller," .nd BUYER(S): PENN CREDIT CO""ORATION ,.~b/QF.. ASSIGNS eaJlrd "Buyer." PROJ)ERTY. ScHer hereby agrees to selI :llld convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece of ground with buUdings ~md imprQvemenls tllercon erected I if any, ~;nown ::S: Lot "6 (opproxlm~tcly 3.31 ~cre5) Silver Spring Commerce Park 4 , 2, 6 7 8 9 10 II 12 13 3. 14 15 16 17 IS 19 2D 21 n 23 24 25 26 27 2~ 29 3D 31 32 33 in the Township of SilVt;lr Gpring Coulltyof COMl3ERLAND l)cnnsylv..nhl.Zip Code J,. 7050 Identification (c.~.. Tn.): 10#; Parcel #; Lot, Blockj need Book, P~gc. Recording Date) 3,3~ Acres from 3a-6-11~12 and 38-6-11-20. , in tbe Common.,ycultlt Or TimMS (10.01) (A) Purchase Price Three Hundr.ed SixtY-FOUr 't'hou8<J.nd Dna Hunch:-ed nol1ars which wiD be paid to Seller by Buye.r ~ follows: (1) C",h or chock a! signinglhis Agreement (2) Cash orel1eck within days ofthccxccutiorl ofrhisAgrcemcnt; (l) (4) (5) Cash. cashier's or certified check fit time or settlement u.~;. Doll<lJ"S ) 0, 000 (B) -$ ~-- $ --- $ --- $ --- -$--- TOTAL $ ___ Deposits paid on ~count ofpul'chasc pricc to be held by 8rokcrfor Seller, un.tcss otbcrv.ri$e stated here: 3S1,lOO 364,100 (C) Sellers written approval to be on or before; November 12, 200-1 (D) Settlement to be on A!')ril 22, 2005 ~eller may extend thi::> dl"tA 90 dnys. ,OI'bcfoJ'c ifBu-l,:r ind Se:ler I.1grcc, (ll) Canvcy.;mce from Seller will be byfcc simple deed ofspedal wammtyuntess othc~...isc staled here: (II) j)aymcnt oftransfcr r3;t1;.'~ wilt be divided eqtJLllly bctwc:en Guyer and Seller wlless othcrv.'i!-\e stated here: (G) At time ofsetlJement, the following will be adjusted pro-.rata 011 a da,ily basis bctw~cn Buyer and Seller, r~iI11b~r~iq~ \Ihc~ a)pEcab!c: t8XCS (see Noticcs and Inform:ttion Regard!ngTax Proration). rents,; mtercston mortgage assumptions: COlldol111T11U 111 ~e.s. If,,ny, wl'lter and/or sewer fecs, if any; togt;thvl" With anYQ1,hel'licno.btc municipal scrvicc, The ~1LlrgCS :~re to be pro.rated for tJ":: p;n.od(:s' covel'ed: Seller will pay up to and including the d~te ofscttlcrnent; Buyer will paytbr nil dn:(s fol1 OWlI1g SC\Ul;IT1l;/\4 unless O-:1e:Wl~C stJtcd her!'.:: . PREPARED BiGENT: Greg Rothm.m, Broker of Rceoro AlS.C. AIJ(eem~~! F"orThe Sale o~alRoal Esto.te, 10101. Ponnsyt\laniilAssoci~lion 0/ REAL TORS@ CQPYRIGH"n ~.~_~~~~SOClATON OF Rl:A1. TOR5@2oo1 RctlIFA$TIEI ~ ~2004. Version 6,14, Sorlwo.rc Regist8rsd \0: Greg Rothman, RSR Reallor:; Buy.,I'1 ~~ PiJgcJ.-ot~ Sel i;'!r(s.l?1ft/;:{( Jan 13 06 08,15a 52 6. 53 54 55 56 57 58 59 Buyer will alcknowledge existing lease(s) by initialing said lease(s) at time of signing thJl; Agreement ifPropcrt (~ leased- 60 (B) Seller will not enter Into any new lcases, written ex.tension of eXlstulg leases, if any, or additional leases for the: Ploperty without 61 written eon.sent of the Buyer. 62 7, ))A TESITIME IS 01" THE ESSENCE (5..01) 63 (A) The said d:ttc for settlement at'idall other dates and timesrt;[etted to for thepcrf0l111aficc of .my of the obligtltiOll$ 0(1:1;::; Agtccr~cnt al'e 64 hereby agreed tel be of the essence of this Agrccmr;nt. GS (B) For the purposes of this Agreement, number of days will b.: counted from the date ofcxccution, by excluding tho d l~' obis Ag .cement 66 W,IS executed and includin~ \he last day of the time period. 67 (C) The date ofscttlcmcnt i:s not extended by n.nyothcr provision oftbis Agreement n.nd may only be cxtt:ndr:d by wril1e:l ;l./reemel\tofthe GM p:lrtics. 69 8. FINANCING CONTINGENCY (5-01) . 70 0 WAIVED. This !lale is NOT contingent 01:\ financing. . 71 181 ELECTED 72 (A) This sale is contingent upon B(!yer obtaining financing ,l,S follows: 73 1. M10Wlt of loan $' 50'P. of purchase p:dC::Q 74 2, MinimumTerm 1S years 75 3. Type ofloan Ccnvontiona.l 76 4. Buyer agrees to a.ccept thl' iot.crc~t rate as milY be -:Qull1littcd by the lender, l1ottocxcccd"m:umn'lmiI1te"c::;tmtc 77 of 7 %. 78 (B) Within 10 days of the execution of this Agreement, Buycr will make il completed, wrinen application 10 a r;:::ronr,iblc lender 79 according to lhe tert"l1.~ above. The Broker for Buycr1 if .allY, othcrwisl.:. the: Broker lor ScHer', b: uulhOh.:lcd to C'IJll nunlClilc with 80 the Icnderfol' the purposes of assisti12g l1t tile loan process. 81 (C) I. Upon receipt ora tInancing commitment) Bu~rwill promptly deli vcr a copy of the commitment to Seller. 82 2. Financiugcommitment(1ate Jemunry 31, 2005 . Ut'llcssothcrwis~ll,f;l'ecdtoil w'jtingblJ3u;yer 83 and Seller, if a wriuen commitment IS notrceeivcd by Seller bythcobove date, <Ill deposit monies paid on nccoun of purchrlse price 84 will be l'ctumcd promptly to Buyer :J.nd this A~ement will be VOID. Buyer will be responsible for .my premllm!: for mNhnnies 85 lIen insurc.lnce and/or title search, or fee ror' cancellation of same, ifanYi AND/OR any prcmiurn~ ror t1000 ~nsJI"lI'cr: :mJ/or fire 86 insun"ltlee with o;:tended coverage, insurance binder charges or cMcellation fee, ifnny~ AND/OR any appralsa rl;:.~ and eh.\rgcs 81 poid in ,d""nce to lender, 88 9, ZONING CLASSIFlCATlON (5-01) , ,. . 89 Fail un:: of this A(,1eemcnt 10 contain the 7'.oning ehlssifieation (~xcept in cas~$ whcrc the pro~crty {and each ~3recJ thereof, If S .lbd1V.1C abl.c} ~s 90 7.0100 soley 01' prim~rily to permit singlc-fnmily dwellings) WIlt rendcl' d~IS Agreement vOlooble at the option of the Bu)~r, and, If vQI(led, PREPA.RE::O B A.GENT: GrliSJ nQthml1n, Oroker of ~oeo(d NS.C, Agr8<:lm 't For The alii! or COll1rnerdal Re<)1 Elilalo, 10/01. PMn~ylvi'lnja Assocl:Hion of REAL TOF{S@ COPYRIGHT P NoS ANIA AS$QCIATON OF REAL TORSI!! 2001 RCQIFA$T@ 6: "ro, (l2Q04, VersIon G.14, Software F{cglatered to: Greg Rolhrron, RSR. Roollors. 34 35 36 37 4. 38 39 40 41 42 43 44 45 46 S. 47 48 49 50 51 Buycr(~l Mark 717 681 - ,8 F' 2 ([-I) Buyer shall rcimbur~c Seller for the actual costs of" any remaining h~lirig. COOking Or other fuels stored on the Pro~;y at the time ;; settlemC1'lt, unless otberwise st;:J,tcd here: F1XTURES & PERSONAL PROPERTY (1-00) (A) INCLUDED in lhissale~nd purchas~ price,are all ox~ting ilems ~!manently installed in the ProperlY, rree or liens, i"cl, ding plumbing; IN AC equlpmentj ilghtlng fixtures (ulctudlng chilndehern and ceiling fans); and water trr::,;ltmcnt sy~lems, llnless o(hc:wi >1.: stlllcJ below, Also included: (8) LEASED item,; (C) EXCLUDED fixture and item,; Sl'ECIAL CLiI USES (A) "['he following arc purt ofthis Agreemc:nt i[check~d: o o o o (8) SI'IlCIAL J'ROVISroNS (IF ANY): PROPERTY SHALL D~ OELIVERED SUBJECT TO LAND DEVELO?MENT AND SUBDIVI COMM~RCE PARK. IMPROVEMENTS SHALL INCLUDB: St~eete, utilities to s' f~orn street. Contingent upon Seller obt~ining final and unnppeal the developmant of the silver Spr.~ng Commerce P~rk, and plan l~ ru' ~d; fo ~ !'--~ ~.~O~...:...?f 9 ' S'""(~~ -'an '13 06 08: 16a 107 108 :09 110 III 112 II. 113 114 115 116 117 118 119 120 lZ, 121 122 m 124 145 126 127 128 129 130 131 132 -./;ol..h.w..ftllff1lilr 133 13, 134 135 136 137 138 139 140 I'll 142 143 144 145 146 Scllr;r'~occupntion oftn.e Jlropcrtyinc[udingwifr\out limitltioTl a,l\ycondition listed in pamgraph 13(A). 147 (D) The provisiQnJi tifthis Section will survive the: pcrfonTI;l.J1ce of thIs Agreement.. 148 14 NOTICES AND ASSESSMENTS (S~l) , . 149 . (A) Sr;:ller represents as of Sellers exectJtion of this Agrcanent, that no public improvement, condominium or M'ler o.ss~latJOI1 ISO assessl110lls have been made 3g'.tinst the Property which remain ~mpaid and thul no notice by al1Y government or p'Jbl c O-\.ithul'lty hu~ 91 92 93 94 95 9G 97 98 99 100 101 102 103 104 105 10(, Mark 717 691 ,8 F' 3 any deposits tendered by tile Buyer will be returned to the Buyer without any requirement for court .ctiOTI. Zoning Cla"ifientJon: INTERCHI>NGE ZONE 10, 7..ONING CONTINGENCY (5.01) D WAIVED 181 ELECTED. Within 30 day.; of the executioo ofth;, Agreement by all partie". Buyer will verify that t ", ,}[oposcd lIse of [hI.:: Property as Profes:aional OffiCCQ IS perrnittco. In the event the pl'opased U~I~ j ; nol pCllllittcd. Buyer \\1m. '"1thin the timl,! CivCII for vc,.ificntloll, notify Seller in v,rriting that the proposed I,l$e of the Propc:r1.,y i: nel penn;tted and Buyer WIll (check only one): o Option 1. Witbil. the time for verifying the zoning: ClaSSUlcillioD, noti1y Sellet', in writing, of Buyet's decisl)ll ,f proc'~ed with the purcha.<;e of the PropertY,or terminate the Agreement. Shol,.dd Bu~er elect to terminate the Agreement all dep.)sitlllonie,; paid on account of purchascpnce wlil be returned promptly to Buyel' and thiS Agreement will be VOID. FaIlure of l~uyer to provide wdtten notice uCBuycr's decision w1U constltute a WAIVER of this contingency and Buyer Ilccepts thePI'iPI.rty an,j agrees to the RELEASE set forth in paragraph 2S of this AgI'CCnlCllt, o Option 2. M;lk.e application for approval (or varianec/non-confonning: us~conditianld u~r:/::ipeci~11 e> ceptiol\) frOftl (ml.lI'licipa{Jty) to use the Property l\S (pmpo::;ed LIse), (A) Such application will be: made on or bcfo(e (B) Buyer will pay ft,)!" <lpplicJltions, legal feesl cngim:cring and any other cost tlssociflted with obtaining appro )i:d (C) If the municipality requires the tlpplication to be signed by the current owner, Seller<lgrccs to doso. (D) [ra [ini1l.l,lnllppcalilble <1ppl'Oval [5 not abtaincdby . ___ . :11' deposit monies paid on accoun1 of purchase pricc will be returned promptly to Buyer and this Agreement will be vore . STATUS OF WATER (5-01) Seller represents that Property is served by: 181 Public Wllt... DOn-site wliter D Communil)'WolJ:r o None D Seller rurth~r warrants th:1t the systcm(s) islal"e fully pLlid for as of the exccution <Lite of' STATUS OF SEWER (5~ l) Seller representS thi:l.t Property is served by; 18I Public Sewer ?~':\o?C:-'~C.') ~ (.,....'~ at;. o CommunitySr::w~o Dlspo:oal System o Ofj~Praperty SCW11!.'(: Dispo..c:al System o Individual On-lot Sewage Disposal System (See Sewage Notice 1) o lndividLlal On~u~t Sew:1ge Disposal System in ProXimity to Well (See Sewage Notice 1: see Sewage Notic!: 4, iCapl,licJblc) o Tcn~acrc Permit Exomption (See Sewo.ge Notice 2) o l-Ialdil1gT",nk(SccScW'ago Notice 3) o None (See Sewage Notice I) o None Availnblc (See SeWllge Notice 5 orSc-wagc Notice 6, as applicable) o i'Jt ""hl::)) p,:~. (0 .':":>~..'rr{.t:J'"!G'..:r 444 , ,............. I . ~~...,to,! th",t II;... r~'."~(b:) ill!~~i,;/ r~~ ... ,~rtl1J J,,~,,",t;VH J"h.. vr lI,;" ,\i.I 'C.l",_jl~ - ~ PR!:.PARED BY GENT: Grog Rothman, SrokElr of Racol'd NS.C, Agruurne' \ For The $eJa OI.9.ommarciar Roal EstafO, 10/01. POlir'lsylvania Ascociation of REAL TORS~ COPYRIGHT NSLYVA :$'SOClAfON OF RLAL TORS" 2001 HeClIFA$T@S It 04, Version 6,14. So((ware Reglstert;d to: Greg Rothman, RSR Re:}J!o~ tluyer(:>) Pegs ~f Q S,",.t'~-&' 3an 13 06 08:16a 151 132 153 154 155 156 157 158 159 160 161 162 163 164 15. 165 166 167 168 169 170 171 172 173 174 m 176 177 178 179 180 181 16. 1~2 183 184 185 186 187 188 189 190 191 192 193 17. 194 195 196 197 198 199 200 201 202 21)3 IH. 204 205 206 207 208 19. 209 210 20. 211 212 213 21. Mark 717 681 ,8 F' 4 been served upon Seller 01' anyon~ on the Sellers behalf, including notices relating to yiol~ions of zoning, housi 19, building) safety or fire OrdInlinCCS which remain uncon't:c:ted, and th3t Sel1er knows of no condition that would constitute vje 10lt On of ,my such ordirlances which Tcnmins uncorrected, unless othc:rwisespecified here: (B) Seller IQ"JOWS of no othcrpotcntial notices (including viohltions) :md assessments eXt:ept as follow~: (C) Allynolice of improvements or assessments received on or before the date ofSdIcr's acccptnnce of this Agreement, \.I ~;:8 irnpr'JVLTIlcnts consist of sewc:r or wlilr;r lines not in use, shall 'or; t.he responsibility of ~ht; Seller, any noCiees rr.;C/,;ivcd thel m.ltcl' sh<ljf be the: responsibility of the Buyer, (D) If required bY.h'IW, ScUcr will deliver to Buyer, on or before settlement, a c~rtific{\tion from the ~propri::Jtc muni:ip. I dep~;.lmcl1t or departments discI osi og notice ()funy uncorrccted Violation of zoning, builditlg, :5afetYI Or fire ordinance.s, (E) Buyer is advised thllt access to a public ro:Jd tllllY i'equire issuance of a highw,1y occLlp~mcy permit from' he Dcpnnncllt of Trl"ll'lsportalion, TITLE AND COSTS (1-00) (A) The Property is to be conveyed free Wld clear of all liens. CIlcumbrant:es, and eHscmcnts. BXCEPTING HOWE\"El: the followir1g; cxi stmg deed restrictions, historic prescrv..ltionrcstrictionsarordinance$, buildin.!:rcstrieDons,ordiTlanccs, casements jf'r nd.c;, C:;J.~~mf,;nts Villjbl~ upOn !he ~'1"Qund, casements of record, privileges or rights of public service comp:mics, lnnd Lise J'Cstt t;.i Jnli p\.llsu;mt to property enrollment in a prefcremial tax progrdm if any; otherwise the title to thl: nbovc described rc::d estate w 11 be food and marketable and such as will be. insuroi by a reputable Title Insurance Comp~ny at tne regular rates, (13) In the event Seller is unnble to give a good and marketable title and sueh as will be insured by lll'eput:lbrc Tille.: Con.pa;IY at th,: J'cgllh1r rates, (15 speCified in pnragroph 1S(A), Buyer will h;'l.ve the: option of: (1) Taklng such title \:IS SelleI' can give, wit, n) r.:rwngc to the selling pdcc; 01' (2) 13ClrlS repaid all monies paid by Buyer to Seller on ilCOOunt of purchase pdce ~lf\d being rcimbl.lrs:d by ~clleJ' rOt' anyeosts incurred by Buyer forthose ltems specified in paragraph 15(C) and in p3rJ.!:.'idph 15(D) items (1), (2), (3)i .n v'hich case there will be no fl.lTth~r liability or obligation an either of the partie~ hereto and this Agreement will become VOID. (C) Any sUrYc)" or SUrYcys which may be required by the Title Insurnncc Company or the: abstracting attol'ney, for tht prc:par.ltiJn of an u.dequ;LI,c IC511 description of the PrOPCI'ty (ot the corrt'ction thr:reof), witl bi! secured olnd pOlid for by Seller. How\'ve', Ilny .surveyor surveys desired byBuycr or required by tIle mortgage lender will be secured :md paid for by Buyer. (D) Buyer will pay fOl' the following: (1) Title search, title insurance ilncVor mechi:U1ics lien insul'ance or ta: for canccllajol1 of S.lrne, if <.lny; (2) Flood insurance, fi~e jl1l)u~l'Ice with extended coverage, mine subsidence in~umncc. and cill1cclbtion fees, it ,m I; (3) Appmis.al fees and ChUrgC5 paid in advance to mottg.age lende:t, ifany; (4) Buyer's customary :::ettlement cos15 and accruals, COAL NOTICE ~ NOT APPUCABL8 o APPLlCABL8. THIS DOCUMENT MAY NOT SELL, CONVEY. TRANSFER, INCLUDE OR INSURE THB TITlE '.OTHE COA L AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO lieRclN, AND THE OWNER OR OWNERSOFSUCli COAL MAY HAVE 11lE COMPLETE LEGAL. RJCI'ITTO REMOVEALLSJCi COJlL AND IN THAT CONNECTION, DAMAGE MAY RSSULTTOTHE SURFACE OF THE LAND AND ANY HOUS!, WILDING OR OTHER STRUC1URE ON OR IN SUCH LAND. (This notice is set forth in thernanm:r provided in Section 1 ot,jl) Act of July ]7, 1957, P.L 984.) hBuycr acknowledges that he m.ay Mot be obtaining the right of protection against sub.sidMce r .":iLl ling rp)m coal mining operations, nnd th.\t the property deticribcd herein maybe protected from damage due to mine subsidence b)' i:I I rivatc \:onlr::let with the o:wners of the economic interests in the coal, ThJs acknoW'ledgmcnt is made forthe pUlpOSO ofcomplyin~ V"itll the: prrJvisiom; of Section 14 of the Bitummous Minc Subsidence: and the L<lnd Con.c;ervation Act of April 27! 1966." Buyer .agreE':; tl! sign the deed CrOm S~lIc..'I' which deed will COntain the o.fQre~:rid provision, TAX D~FERRED ~XCHANGE (10-01) ~ NOT APPLICABLE D APPLICABLE- In the event Seller wishes to enter itlto a tax defarcdcxchange for the Property pursuant to Section I Dl of the {nll.:rnu! Revenue Codcl Buyer agrees to COOper:l.le with Seller in connection with such c:r;ehangc, including the execution of~ Udl doclJrlcnts a~ may be reasonably ncccsso.ry to oonduct the cxdlangc,. provldcd that tllCfC shall be no delay in tile agn;:oo-tl,l s(,:~ll~rr 1.;,'. V'-1ll;, ,dIU thil~ ;,J.ny uddi~ional cost:, associated with the exeh<:1r'1ge ate paid sQlely I,)y Seller, Duyer is 41Warc tinH S(,:Ib:r llnticip'HCS .IS: II;!" ing its Interest in this Agreement to a third party under an Exchange Agreement and docs hereby consent to such ll."isignmcJlt, l-uy-:r shall not be required to execute any note, contract, deed OJ" other' document providing any liability which would survive lh~ e> en mgc::, nor shall 13uyer be obligated to take title to any property other than the Property dcscribed in this AgreemCt1t, Seller sha!lll~.:iClrllljfy a'ld hold harmless Buyer ngainst :my (i..,bility which o.riscs or is claimed to h~vc :.Iriscn from any:.~spr;l;t of the exchange tr.mso.;t1< n, COMMERCIAL CONDOMINIUM (IO-QI) ~ NOT APPLICABLE o APPUCAULE. Buyer acknowledges tl1at the condominium unit to be trJnsfcrrcd by the terms of this Agrcl,me;d Ii jntcTd~d lor nOli-residential use, rind that B\Jyer may Ilgrcc to modify or wai...e the applicability of certain provisions of tbe "Un.ifc:m Condo'nilliulll Act of Pennsylvania (68 Pa. (,,5. 93101 "",eg_). RliCORDlNG (5-01) This Agreement will not be recorded in the Omee for the Recording of Deeds or ill mlY 01l1C; ,ffec or "I(lce of public record. If Buyer causes orpemlits thi.!l Agreement to be recorded, SeJlcrm:.iy elect.to lI'e~t such act as a breach at. tllS Agrec~11cnt. ASSIGNMENT (3-85) This AgreemenJ will be binding upOn the.parties, theIr ".speetlve hms, pcrsonill reprcsent1tLY'5, .guardl:~'1S and SLlccc~sors, and, to the extent l.Issignable, on the ass~gns of the partles hereto. It bemg expressly llndcr:ilood, howcve', tI at he Bu. er WIll not transfer or assign this Agl.'cc.nent without the 'NI'ltten consent ofth= Seller, DEPOSIT AND RECOVERY FUND (HO) PREPARED a AGeNT: Greg R.othm:m. 6roker of RQcord NO.c;" A..,rQom nl rOf Tho Salo Of ComrMQrCI.::J.1 Real Est;,'l", 10101. Pennsylvi'lniCl A:;.."'\Cldmlon of REAL TORS:W COPYRIGHT .NNSL 'NANIA ^SSOCIATON OF REAL TORS!!!;) ~001 ROQIFA$T@ ~ \ <:Iro, \'C 04, Version G,14. SofLware Regislartld to: Gre~ Rolhmi::ln, RSR Re::l.!tors , Buyer(s) p.~g~~} D S'""n~~ Jan 13 06 08:16a 214 215 21(i 217 218 219 220 nJ 222 223 224 225 226 227 22. 228 229 230 231 232 233 23~ 235 23. 236 237 238 239 240 24\ 242 24. 243 244 245 246 Z5, 247 248 249 250 251 252 253 26. 254 255 256 257 25M 259 260 261 262 263 264 265 266 267 268 27. 269 270 271 272 273 274 275 276 277 278 Mark 717 681 68 P 5 (A) Dcpo."it<; paid by Buyer within 30 da.ys of settlement will be by CJsh, cashierls or certified check, Deposits, regan 1GB of tlH: form of p'ynlellt ""d the person designated as payee, will be paid in V.S, Dollars to Broker or party identified in par,gr ,ph 3(B), Nho will retain them in an escrow accou.nt until consummation or termination of this Agreement in conformity with all <l?pl cable :aws <l.T'\d re!:,:ukuions. Any ul1cashed check tendered 3S deposit m:1Y be held pending the acceptance oHms offer. (8) In the event of a di:l;pLJte over entitlement to depOsit monies, a broker holding the deposit is required by the Rl,lk=.~ In( Regul.ltion$ or the Stqtc Rea! ESbte Commission (49 P:l. Code g35.327) to retain the monies in escrow until the dispute is l'C!)ol\ r:d In the evcnt of litignticn for tbc return of deposit monies, " broker will distribute the: monies a..<: directed by:J. final ordCl' of c }ur: or the wlittcn :JgrcclllCtlt of the parties, Buyer .Hld Seller asreethat, in the event any brokcror affi1\atcd licensee isjoincd in litlp,,,ti(,n for be return of deposit monies, the attomeys' fees and costs of the brokcr(s) and licenscc(s) will be paid by the party joiningthcrr (C) A Real Estnte R<<overy Fund exists to reimburse any persons who have obtained a final civil judgment againsl ~ P('nn:i:ylv,lnta re;'ll es~'\le licensee owing to fraud, misrcpreSt:J1tlltion, or decr:il in a rea! estate trans<lCt;on and who hiJ,ve been un 1bl1 to cellect the judgment after exhausting all legal and eqUItable J'crncdias. For eomplele detnils aooLlt the Fund, call C 171 783-.1,658, or (gOO) 822.21 :3 (witllin Pennsylvania) and (717) 783-4854 (outside P,,"osylv.oia), MAINTENANCIi ANO RISK OF LOSS (5-01) (^) Seller will miJintain the Property, and any personal propertyspccified herein, in its prr;:jent Conc.lilion. norlTlJ.1 w~ai' Jll( tear e:.~ccptcd. (B) Sdlcl' will promptly notify the Buyer if, at any ~me pdoI'to the time of settlement, aU or ;;my portion of the Propc~y is d~t)oyod, or damaged...s:t result of any C:au~e whar.~oever. (C) SelIcI' will bcllf risk of loss from fire or other causes until time of set tic me nt, In the eValt that darn~lge to any property indudl'd in thi~ sale is 110t repaired or rep!::u;ed pnol' to settlement, Buyer will have the option of rescinding this Agreement ond rt ce vlng, nil l110nics paid on account or of ,leccpungthe Property in its then condition together with the proceeds or any i nsumnca I'CCOVCI')' ob :lined by Seller. DuyeI' is hereby notified that ht::h>lll;: may irlsW'e his/ber equitable Interest in this Property ;15 of the time this Abt~ern~r1.1 i:; accepted. CONOEMNA TION (8-01) Seller llilfl no knowledge ofnny current or pending condcmn:1l.iOrl Of emInent domain proceedings that would affect tle )ropert'l',lfllrlY portion of the Property should be subject to condemnation Or eminent domain procecdil1g..<; after the signing of this Agre :;m :nt, Sc, ler sh:lll immedialely advise Buyc\', in writing, of such proceedings. Buyer shalllmvc the option 10 tcnnil'J.;l.te this Agreement b:' jJl ovidill,l~ \vrltten notice: 1.0 Sellcl' within fifteen (15) days .ll.llet Duyer lrol'l1S oftbcfiting of such proceeding;>, in which ease Seller shall ~c:tllll to Huycr ~111 money paid on a~counL ofthe pl,.lrchase price by Buyer. Buyer's failure to. provide notice of tennination within the' time stntcd wIll con.~titute a. WAIVER of this contingency .and ~U other tcrm.~ Of this Agreeme.at rern.un in full forc~ and cff~t, WAIVER OF CONTINGENCIES (1-00) In the event this Aj,,'rcClTlcnt is contll1gc:nt 01'1 Bllycr'sright to inspect and/orrcpair the Property, Buyer's f:tiluC'(,! to Cxct'clfi'~ any of Buyer's options spcc'incd ill the contingency pro....isiou.(.~) within the time limits will eonscltUlc II WAIVER of that C'Ontir;ge:1C~Y /tnll Bu)'!;.... accepts the IJroperty .md ,~..ccs. to the RELEASE set fUl"lh in parngrnpb 25 of this Agreement. RELEASE (1-00) Buyer hereby releases, qU;1 claim. and forever dlseharge SIiLLER. ALL BROKERS, .helr LlCEN~EI,$, EMPLOYEES, and any OFFJCI~;R or I'ARTNER of anyone of them and nny other PERSON, FIRM, or CORre RATION who may be liable. by or tl.Jru"~h thelll, (rom any and all dairn9:, IO!lses or demands, indudin~, but dot limited to. per: ona.l (njuri~ ;,nd l)fOlllwty damage and all of the CQoscquenct:i tllcrcof, whether now known or not; which may arise from the pn'sc..lcC of [cr'lultc~ OJ" other wood-boring insects, radonJ lead~ba.<;ed paint hazards. environmental hazanls, any dt'fc.ct.s in the. indIvidual on-lot sewa~c dlspos1l1 system or deficiencies in the oll-sitc wa.ter servke system., or an)' defects or conditioJlS em the Property. Thh rclu~:>l; wiU l;urvlvc settlt'rrnHlt. REPR~SENTATlONS (5-0)) (^) Buyer \lndcrslllnds that anYH:.p~serttation.li, claims, ru:lvcrtising, pfot'r'lotlonnJ activities) brochure~ l,)i' plarg ofonyki ld nadc byScl!er, I3rokcfs, Ule1r HCCruiC:C:S, employecs1 officers or pilrtnct:!i ilrc not [) port of thir;;; Agftement unle!:s expressly meorp..ll"l.J..ed 01' :;t:lted in this Agreement. [t is funher understood that this Agreement contah\s the whole agreement between Seller and B ,vcr and th~re al'C no other terms, obligLltioT1.$". c.ovenants, reprcscntatic>n~, l>tltcments or conditions, oral or otherwise of llny Kl:'ld wlu.tsocvC:I' concerning this s:tle, I"urthcrmore, this Agreement will not be alte-red., amendoo, changed or modified except in wl"iti 19: :xeculcd by the panics, (13) It is undel')'tood that Buyer hns lnspected the Property before sigTling thr.~ Agreement (including fixtures lr/(I any personal property lJ(lccificOllly scheduled herein), or bas w:uvod the rlgllt to do lJOJ itnd h~"t ng~ed to purchase it in ils I)\"( sent c(lndition unless otherwise stated in thi~ Agreement. Buyer acknowledges th.n.t Brokers, their licensees, employees, or,'it:HlJ or pnrtncrs hitve not made nn indepcndent examination or determination of the structural 5uundncss of the Property, thl: ~ll;C or (:"(lndition of tIle component~) environmental condItions, the pUr'mltted uses, or of conditions existing in the locale whel'c j he Property i~ situ:'llcd" nor have they made a mechanical In.~pcction of any of the systems con~inw therein. (C) I3r'okcr(s) may perform services to lUIsist unrepresented :parties in complyins with th~ tcrrr~s of this Agre;cment. (0) "!'he headingS, captions, and jiI1c numbers in this Agreement arr.: me,lrH only to make lt easIer to find the parngr(lphs. OEFAUI.T (I-DO) Snould Buyer; . . (A> Fail to make imy additional payment~ as spcclfied In p<ll'agraph 3; OR ,., (B) Furnish falsc Or' incomplete information to Seller, Broker forSeJler, Broker for ,Buyer, ?rthe lender', Jfany, c?nccrmr ~ tie BUYI:rs, lel'>jll or fin41l1c1tl[ status, or fail to cooperate in tf'll:': processing of the loon .'Ipplicatlon, whleh ilct~ would result In the fulll.e to ol1t.<111\ the approvul ofa 10al1 commitmcnt; OR . . ' (C) Viol lite 01' fail to fulfill and perform any other lerms orcondillOl1.s oflhlS Asre.cmcnt) " . them irt such case. Seller hM the option ofrctulr~lng ttll sums paId by Guyerl mc1ud1t'lg the depoSIt monies, 1) on !I."co Jnt 01 purchase prir;r;, or 2) as m~rl[cs to bl: applfed to Seller's dilmages, or 3) i"IS liquidated damages for :;uch breaehl as Seller m~y elect, unl~ss otherwise checked below. ~ Sellcr is limited torettining sums paid by 13l1ycr, including deposit monies, as liquidated damages, PREPARED at AGENT: ()rag Rothman, Broker o( Rocord AlS.C, Agrt3Cr'l" 'nt ForTM S~le or Commerc1t,l.1 Re31 Estalo, 10101. Ponnsylvania A~~oo)alion Of REALTOR$'3J COPYRIGHT .NNSLYVI\MAASSOCIATON OF REALTORS@2001 . RE'!i:lIP'A$T6 ',w:;re 04, Var5iofl 0.14. Softwaro Rogi;:;tered to: Greg Rothrn;:ln, RsR Rf!al\o(~ Buysrl~) i ir p~Il~.~ SOillJ'-("'~ Jan 13 06 08:17a 305 306 307 308 309 3:0 311 31. 312 313 32. 314 315 31G 317 318 33, 319 320 321 322 323 324 325 326 327 328 329 330 331 332 Buyer ll.cknowlcdgcs rCtciving II copy of this Agreement at the time: or Sf~lil1g. 279 280 281 28. 282 2B3 284 2t-l5 286 287 283 289 290 291 292 293 294 295 29. 296 297 298 299 300 301 302 30. JO} 304 Mark 717 681 S8 F' 6 If Seller elects to retJin <:Ill sums paid by Buyer. including de:posic monies, as liquidated damages, Buyer ~l\d Sel er will be rele<lsecl from further liability or obligation and this ^gl'e~mellt will be VOID. CERTIFICAtION OF NON-FOREIGN INTEREST (10-01) o SeJler IS a foreign person, foreign corporation, foreign Pilrtncrship, foreign trust,. 0]' a foreign estate subject to ~:ct: ion t 415 of lhe Intemal Revenue Code, which providc,s tha~ 11 transferee (Buyer) of a U.S. real property interest must withoJd tlX if the ll'anstcror (Sc:lIe:t) i:i II (Or'eigr\ pr:.r'SOI1. IZI ScllCl'is NOT <J. foreign pCnion1 foreign corponltion, foreign partnership, foreign trust, Of 0. foreign esl~te;.\$ def.ned by lhl.; Internal ReVl;':nu~ Code, Or' is otberwise not subject tothe tlX witbo[dingrcquiremcnt of Section 1445 of the Internal [{cvenlle (~odc. To infon11 Buycr th~t the witholding OJ tax is not rcqui((,.'(\ upon the sale/dIsposition of the P'ropcrty by Seller'. Sellcr' h~tcbl' ;n~I'CCS t,) ftltnish lJuye.r', <1t 01' before closing, with thc fotlowing: - o An affidavit s~atin.g, under penalty of pcJjury, the Seller's U.S. taxpayer identification number ilnd tl1;]t the Sc 1.:1: is not ~l foreign person, o A "quaJifyingstatement," as defined by statute. that tax withoJd:ng is not required by Buyer. o Other: Sdk:r unt!i.:Ritands thi1t any documentation provided under this provision may bedisclosed to the Internal Revelll.1e Servicr l~ BUYC1' and (hnt any false statements conl<1incd therein could re.c;ult in punishment by fino, imprisonment, or both, ARBITRATION OF D ISPUTF..5 (1-00) Duyet and Seller agree to arbitrate any di::>ptltc between them th:\t C;U1not b~ .l1T1 i~ubl Y re:>:ol...ed. After written demand for <.rrbitmtion by either Guyer or Sedler, each party will sdeet a competcnt a.nd disinterested art :lnltor, Th.: twu so selected will sdect /;l third, Lrseleccion of the third arbitrator Ciillflot be agreed upon within 30 di\yS, either p1lrty may rCi\]( st that .;clcctiol1 00 mnde by a judge of il court of record in the county in which arbit!Oltion is pendIng. Each pany wiU pay its chosen :Irb.mllor~ .md bear cqU<1l1y CXDC'l1,s~S for' tM~ thitd and all other expenses of arbitration, Arbitr~tion will be ecmduote(1 in llccotd?rice wit 1 tile pl'Ovisions of Pennsylvania Common Law Arbitration 42 p~, C,S.A, *7341 et seq, Tllis agreement to arbitrate disputes arising form tl:is Agrocnent will survive settlement, UROKERINDllMNIFlCATION (lO-1JI) Buyc~ nnd Seller represent that the only Brokers involved in this tmnsaction (ire: Nl\J.-CIR ilnd ltSl~ HEALTORS uno thaI the u.'iJ.n5iJ.ction has not been broug.ht about through the efforts: o[:.myoo<:: clh~r th:l11 S;Iid Ur'okets. It it; agrecc lint if.wy claims lor' bl'Okcf:Jge commissions or fees arc ever made against Buyer or Seller in connection with this trnnsaction, c.\ch Dillly Shill I prlY it~ own legal fees andcost.c; in connection wilb such claims. Jt is further agrct:d that Buyer and Seller agree to Indemnify and :lol j harrn'css each olher nnd the above-listed Brok"rs [rom .:md against the non~pcrfoTTTIn.nee ofthis Agreement by either party, and IT on , :.H_Y cluin of 105]) or elaim [or brokerage commissions, incli.ldiog all lega.l fees and costs, that muy be: made by :;my pe~oT'J Ot el\tity. l'~lii paragmph shall survive settlement. GOVERNINC LAW (to-OI) This Agreemcnt shall be construed and interpreted in accordance with the laws of thc Commonwealth of Pennsylvanin. No'nCE BEFORE SICNING (S-ot) Buyer i'll1d Seller Ltcknowlod!;C' lhat Drokers havc advised thl,:m 1.0 cOl\sult and rcti:lin experts <;:cmcerning the legal ilne ta:{ cffce:s ofthil.' Agreemcnt :md the cr.'lr'rlpldlon of dlC s<11e, i\~ well 31> the condition and/or ]<.'gJ'-lity or the Property, incl1lding:, bUI lot lirnited to, the Property's improvemcnts, cquipment, 5011, tenancies, titlt: and environmcntill aspects_ Rcturn by facsimill;: translllis~ iar (FAX) of this Agre\:m~T'It, and nll addcndi.\t bearing the signnr:urcs o[ull parties, constitl.1tes occeptance of this Agreement. NOTICE All notice requirements tmder tbe provi~ions of this Agreement or 'by application of st2ltutory or common lilW will b;: 3ddrcss~d to the apptopri:Jtc: pmty, at !he addresses listed below via any means ofdclivcry {IS mutually agreed upon by the parties :.md :;takd t ere: If to Sellor; With a copy to: If to Buyer; WiOl a capylO: l8'J Buyer Ita.~ received th~ Consumer Notice as adopted by the Stnte Real Estate Comml~.c;l(l:1I Lit 49 I'll. Coch {j35.JJ6. ~ Buyer hm;: received a statement of Buyer's estimnted dosing costs before signing this Agrct;!lTlI.;l1t. IZI Guyer hu:s received the Dc}:)oSif: Money Notice(forcooperativesales when Brokcrfor SellCl' Is Ilolding depllsif money) bcforr signing this Agrccrncnt PREPAREO Y AGENT: Greg Rothman, 6rakllt 01 rtli!cocd NS-C, Agree ,en! ~or The Sa -or CommerCial Resl Estalo, 10101, Panr'l:iylvtmia Associalion of REAL rORSiI!l COPYRlGH1 NNSL W IA ASSOC1A1'ON OF REAL TORSe 2001 Re3IFA$T@ ~ wiJr ,2004, Vorsion 0,14, Sottw':'l'O Registorod to; Creg ~othmJf1, RSR Roollors Swar(s) '1\ -.--.- P~ClC~f9 ..r. S':i"('~~ Ja~ 13 06 08,17a Mark 717 681 S8 P 7 W!TNESS ~q~ Pl\ 17101 DATE -i!ltb- 333 S-Mail 334 335 :\36 337 3]8 VOLUNTARY TRANSFl(R OF CORPORATE ASSETS (:f applio,ible): TIle undmigoed acknowledges th.' he/she i, ",thoriz<ld by tlle )39 Board orOitectors to sigl1 this Agreement on bchillfofthl: Sellcl' corpomtior'l and tOOt this Sill/'; <lacs flot constitut.:: ~ sale. Jc;rs~ or ..'xch<ln,gc 340 of all Or substantJally all the pl'Opcrty .md assets of the corpor~ion, such u:; would require the:: authol"iz:1tioll or con$ent 0:' 'he sh~~cholders 341 pUl'suantloI5P.S.jl]11. 342 343 SELLER'S ACCEP'JANCE: Seller hereby accepts ,he abOVe conrme! !hi, (date) o Seller has received the Consumer Notice as adopted by the State Real Estnte Comrnb'sion ~t 49 Pa. COd ~ ~:iS..336. o Sellcr has rc.;:ivl.'d 11 statement or Seller's cstim:'ltcd closing costs before s:lgninJ{ this Agreement. WITNESS 195 ASEOCI~~-;;.,::;;;:: SELLER '. .~ ~ ' ....-. By: Mark Sirnptu;m tlATE . , ///l; 4/f -7'~ 344 E-M.ii PRE:PAREO BY AGENT: GfQg Rothml!n, Bl'Oke.r 01 Re.cord .' > AlS.C, AgrcI)meni For The Soln O( COmtnefl:;ii:'1 i-(eal E~l~ta. 10/01. Panl1s,yl\/3Illa A$r,oclaIIOl'l of REAL TORS@ COPYRIGHT peNNSL YVANIA ASSOCIATON OF REALTORS" Z001 Ro::tIFA$Ttel sonw~rn, ~~OD4, Version 6.14. Sor(waro RegisLored to: Greg ~o'.hm;Jn, RSR Reallors PIIQ070fS Jan 13 06 08,18a Mark 717 681 58 P 8 NOTICES AND INFORMATION INFORMATION REGARDING TAX PRORATION For purposes of prorating real estate U!.xcs, the "periods covcraJlf by the ID.;o:: biUs arc as follows~ for all counties i:lnd mw~iclpalltl"S i I PCl'IM:-;ylvaniu, and ror the Phil:'l.dclphifl, Pittsbl.1q;h, and Sc~anton school districts, 1h~ t:rlX bilLs ar'c ro~ tile period hnuary j to December 3 J. F ,x )IJ othc!' schoo! Ji stricl<:;, the period covered by the tax bill is July 1 to JUlle 30. NOTICE I: NOTICE 2: NOTICE3: NOTIce 4: NOTICE 5: NOTICE 6: SEWAGE NOTICES NOTICES PURSU ANT TO TIlE PENNSYL VANIA SIlW AGl;; F ACIUTIES ACT THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAlLABLE FOF TI.IE SlIlJl;;CT PROPERTY. Section 7 of the Pennsylvania Sow<:sgc Facilities Act provides th"t 110 person will install, COl,strJct, rC(;llcst bid proposals for conslruction, aIter, repoir or occupy any building or structure for which :lI'\ irldividu~1 sl.:w"-~e Jyslern is to be ll1stallcd. without tirst obtlining 11 permit. Buyer is ndvised by !his notice thm, before sik,"l1ing this Agrccm::lll of Sak, Buyer sht1uld COnulr;t the lOCal ;lg.ency charged with administering the Act to determine the procedure and rc.quirCflcft:'> fot \~,bt.ai III l'Ig a pcnnit for an individual SCW;'lg:C system. The loc.tll1gcncy eharg:cd wilh .ldministcring the Act will be the r HIT icip.lliiy where the Property is loeatedor that mUl'lici)'lality wotking cooperatively with others. THIS PROPERTY IS SERVICED ,BV AN INDIVIOUAL SEWACE SYSTEM INSTALLED UNDER rm: TEJ\'-ACRE PERMIT EXeMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE F~ CILlTlES ACT. (Section 7 provides that a permit may not be required before inst.l1ling, constructing, i.Iw:II"ding a contrac~ rc'r conslfuction, altering, rCp<liring or connecting to an individual sewage system where.a ten-acre parcel or Jot is subdivided ,'rolTl a parent tract a[lct J~rluary 10, 1987, Suycr is advised that soil and site tcstin~ were not conducted ;:md tbat, should the S) ~tel1 malfunction, the OWllCI' of the Property or properties serviced by the $y$tcrn o.t the time:: of :l m'-llrun~tion nlJ.)' be ruld liable rOr :1ny contamination, pollution. public h~alth ha7.::u-dor I\uisance which occurs as a result. THIS PROPERTY IS SERVlCEO BY A HOLDING TANK (PERMANENT OR TEMPORARY)TO \\ !lICU SEWAGIC IS CONVEY&O IlV A WATER CARRYING SYSTEM AND WHICH IS DI;;SlGNED AND CON'iTRUCTlm TO FACILITATE ULTIMATE DISPOSAL OF THE SE;WAGI;; AT ANOTHER SITE. Pursu,nt to the Per ns: \voni:i Sew:1ge FOlcilitics Act, Seller must provIde 11 history of the O\nnuN ec>>>C of maintalning the tank ftorn the date of its instalbtion or December 14, 1995, whichev~ is: mter. AN INDIVIDUAL SEWAGE SYSTEM HAS IIE;EN INSTALLED AT AN ISOLATION DISTANCE FROM A WEU_ THATISLESSTllANTHEDlSTANCESl'ECIF!EDBYREGULATlON. Tk. regulotions aI 25'.. Code *73.13 pcrtaining to minimum horizontal isolation distances provide guidallce. $ub!lcction (b) of ~73.13 StiJ.tcs rhal lhi; minimum hanzomal isol...1.iOn distance between nn individual W".JCet supply or water supply sysr.cm suction linc <ald Ire 11n;ent tllr:ks fihall be 50 feet. Subsection (e) of ~73,l3 states that the horizont<1l isolation distance between the indivIdual wat 'r ~Llpply fJr wi.!tcr supply systcm suction line nod the l,c:rimctcr of the absOIption area :ihl~1 be 100 feet. Tl-IIS LOT IS WITHIN AN ARJ;;A IN WHICH j'ERMIT UMITA TlONS ARE [N EFFECT AND IS :;UBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES AID!. NOT AVAILABLE FOR THIS LOT AND CQIIHRlJCTION OF ASTRUCl'URE TO BE SERVED BY SEWAGE FACIUTlF.S MAY NOT BECIN UNTIL THE ~lUNIClP~UTV COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO TIlE PENNSYLV/,r~!A SEWAGE FACIr,ITlES ACT AND REGULATIONS PROMULGATED THEREUNDER. A REQUIRED REVISION FOR NEW LAND DEVELOPMj.:N1" ORAN EXCEPTION TO THE RE;QUIREME:>IT TO REVISE, OR A REQUIRED SUPPLEMENT HAS NOT IIEEN APPROVEO FOR THIS l.Or. SEWAGE FACILITIES ARE NOT AVAILABLE FOR TIllS LOT AND SEWAGE FACIUTIESWILL NOT BE AVAILABLE. NOR MAY CONS11~U(."ION BEGIN UNnL SEWAGE FACILlTIES PLA.NN1NG HAS BELN APPROVE:D )'URSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS I"WMlJLCATW THEREUNOJ,1;R. EXPERTISE OF REAL ESTATE AGENTS Pennsylvania Real EstltcAgcntS'i.lre required to be licensed bytbc Commof\wcalthofPcMsyly;:mio. and Dora obligatoo to di~c:to~e adv(~;c f:lctor~ ~OOUl a property that an: reasonably ~pparei'lt tc? somco~e with ~pcrtisc in lhe marketing oircal propc,:y_ .' I' , .,' ~ (A) 11' J3LlycrW<1l1ts irtfonnatlOn regtLrdmgspcclfie condlnons or oomponents ofthc property which ,Ire outSide tIle Agents expertlse, r.l c ildYl(eo[th~ n.ppropritltc ptofessionaI should bo sought. ,. . . .. I .' " (8) If Buyer' want.. fin<lncJal, lcgnl. or allY other adVice, Buyer IS eIlcouragcd La seek the SCrYlCt:; of an accountant, lawyer, or o~t er' app, opnate professional, COMMUNICATIONS WITH BUYER AND/ORSEI_L&R PREPA~EO e AGENT; GrD(I R.othman, 6rQkilr or Record NS-C. Agree nt for The Sale Of Commercial RO<:lI !:.1iI~aIO. 10/01. Pem'lsyJ\I~nia M$ocialion of REAL TOR$@ COPY!i.IGH1 'NNSLYVANy..'ASSDCIATON Of REALTORS@2QOl Rei:llpASTIll) ~o wor~. ~2 il, Vur:;lon G.14, Soflwaro f~ogIB[erM 10: Crag Rothman, RS~ Real[or:; BlJyl.lf(S) ?~~,..~' 9 seIlOI:~ ;. . Jan'13 06 08:18a Mark 717 691 ,8 F' 8 WhCrCVl;:T lhi5 Agreement contains a provision that requires or allows communicationlddivcry to the BuyeT, said provision Sill!! be satisfied by comrnunication/dcHvcry to the Broker for Buyer\ if any_ If there is no Braker fOT Buyer, all such provisions n1~)I be satilified 0\1\)' \''1 (ommUnICllll(lli! delivelY beulg made directly to tho Buyer, unless otherwise agreed to by Ihe parties. Wherever this Ag:rCCt11Cl1t contains a provision that rt:quires O\' allows communication/delivery to the Seller, said provision sh dl iJC sati:;ficd by l;OIIl'mmil.:ar.ioll/ddivcry tatbe Broker for Seller. if tLny.lfthcre is nO o.toker for ScIler, all such provisions may be SJltisficd only!: fcommur:ic,1.tlonl oclivcl)'bcing m;.ldc directly to the Seller, unll!5S otherwise iJgrccd to by the parties. PREPAR.EO aY.\o..GENT~ (irag Rcthm<ln, Broker of ~ecord . AfS~C, Agreem.{ I t- For The Sole Of Commercia! Real Esta!o, 10/01. ponnsylve.nla A~$Ocllltlon of REAL TORS@ COPYRIGHT NNSLWANlA.ASSOCIATON or REALTORS\&2QO\ . ~OcdFA$T~ J. warD, ~ , Verll:M 5.14. Sofrwo.rn Roglstersd to: Greg R0tnm;:m, RSR Rl;lIo.l,or~ (h,p/Ar(s) J... ?~!.1Q31f 9 " SU\\01~$W& EXHIBIT C Legal Description - The Property LEGAL DESCRIPTION SILVER SPRING COMMERCE PARK (LOT 6) SITUATED IN SILVER SPRING TOWNSHIP BEGINNING at a point being the northwest property corner of Lot 6 (Silver Spring Commerce Park) located along the southern right-of-way of Silver Knoll Drive; thence from said point of beginning along the southern right-of-way of Silver Knoll Drive North 85 degrees 53 minutes 11 seconds East a distance of209.02 feet to a point; thence along a curve to the right with a radius of 40.00 feet, an arc length of 63.92 feet, with a chord bearing of South 48 degrees 19 minutes 57 seconds East a distance of57.33 feet to a point along the western right-of-way of Winding Creek Boulevard; thence along the western right-of-way of Winding Creek Boulevard South 02 degrees 33 minutes 05 seconds East a distance of 113.59 feet to a point; thence along the same by a curve to the left with a radius of 1,330.00 feet, an arc length of 403,88 feet, with a chord bearing of South 11 degrees 15 minutes 03 seconds East a distance of 402.33 feet to a point; thence along Lot 5 (Silver Spring Commerce Park) South 70 degrees 02 minutes 59 seconds West a distance of227.31 feet to a point along the eastern right-of-way of New Willow Mill Road (SR 114); thence along the eastern right-of-way of New Willow Mill Road (SR 114) the following three (3) courses and distances: I. North 23 degrees 14 minutes 11 seconds West a distance of209.64 feet to a point; 2. North 06 degrees 01 minutes 28 seconds West a distance of 329.44 feet to a point; 3. North 02 degrees 31 minutes 38 seconds West a distance of 88.59 feet to a point, being the point of BEGINNING. TOTAL TRACT AREA: 144,213 SF (3.31 Acres) EXHIBIT 0 January Addendum . Jal1' 13 06 08: 18a 81/31/2885 14:57 Mark 7J 7761" 717 681 68 F.IO /-'L\(:,L tTL/t:J:! ~l Cl~ J~n ~6 o~ O~16?~ non Don.~nei al/ZS/l0Q~ 1B:38 ~~~ 111 193 lBSS RSR nE~LfORS 717 ~Q021 )02 p.2 ~!JjJ;:'\Ju, 01/27!20D~ 08'55 F~X 117 7~3 lh5S RSR REALTORS '"' - ~ .~ .- ,~ - ~ ~ - ... 15225 IW:lNi'Mi fifl'(Ull ~O(llI'lC"""tKT"T; tll>>l~ t.DDEl'IDUMJ15f3RSE/IIfENT '{Q AGREEMENT OF SALE PAo~nTY ~ ~~ Sf: ~~ :'i:a~ ~;t1 - Q/lno'...CJU:_~ '( ;,5A 13~ J.- Wh.. ~ -fa ~W -m.n1~~~ elm fo /1J...aArA, 301 Mo >. .~ ~ ... ,!lI\o~ .~.f ,..... '.- - At' gt/lu Ia'I'1;IIIlId. c 'non) at'IhC~I1a!t or $~e n::tJI"lJtI~1Pcf atl./S In}~i;~ .-i.t'~'L WII'M:$JlJ ""yu i.:f.f:;#!#'.vIJ ~ ~1/'t'ElI ' =- ~~~2,,/-7d~ ~ DA'tF. r,6.~ S- DA.T. # __ u.....~_ . __ "^"" :2..._ 1I/1Tl< ___ I>II.n __ [Ii ~W*I~ ".. . 1'...". tf "'''lTORSO ,""_...--",,,,- CUPIUl:IJa'nlW\lII'Y"V/ll&lr.~JJQr'I' otb:o\LTO llVI tn.) ... . EXHIBIT E April Addendum . Jan. 13 06 Oe,ISa e41Z7/2ees 89,81 04/26/2005 19:09 F^X Mark 7177&1. .3 117 703 1B56 Nell l:1~ RSR RE^L TVRS NAI eIR 717 6!l1 ?SBll 717 691 S8 P II r-'A<.iL 'lL(t;];,c ~ l)t)'.~lIIU:.! ~'IZ1/,~e5 15:15 717761366S Ap~ 2a 05 Oll30p M~rk PMI' e2/e, p.2 First Addelld....1JJ to AgrtelDent (or th.. Sale of Commercial R.~l Estate dated November 04. 2004 betw"n 195 Associ..tes, LLC (Seller} ..nd Penn CredIt CorporatIOll ( Buyer) for Lot 110, SiMr Spriug COllnn"l'ce P....k. o lhe ~nsiOD of lbc SenI""""" date .dpuJaled . ;.0 -{.{. ..,;. ,r/ ,..,;'...",-... /...... ......... lo,';~j. Agreed and AcoopIe<l. ~ - - ;;~"'( PENN C IT CORPORATION ..~ .~"' ,".A "~~'/. ~':/"".'_/~ ,/ ........'" 195 AS50Ci~\C>, LLC ,>' r. LcDote: ?' /""7 .i <" 'b.'.c ...:...>> . / ------- . . EXHIBIT F Letter to NAIICIR . , 195 ASSOCIATES, lLC 5015 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 691-7566 January 16,2006 By Fax and U. S. Mail Dan Alderman Commercial-Industrial Realty Company 1015 Mumma Road P. O. Box 8910 Camp Hill, P A 17001-8910 RE: Agreement for the Sale of Commercial Real Estate, dated November 4, 2004 - 195 Associates, LLC I Penn Credit Corporation Dear Dan: As you are aware, 195 Associates, LLC has entered into an Agreement of Sale pertaining to Silver Spring Commerce Park, Silver Spring Township. The purpose of this letter is to confIrm that you have returned the deposit ($10,000.00) to Penn Credit Corporation with respect to the above described Agreement for the Sale of Commercial Real Estate. As you know, the above described Agreement with Penn Credit Corporation was conditioned upon the following: . The approval of the Final Subdivision Plan for Silver Spring Commerce Park (still pending). . The fInancing contingency which required Penn Credit Corporation to make a timely application for fInancing and to provide us with a written commitment not later than January 31, 2005 (extended to March 30,2005 by addendum). . Settlement by April 22, 2005 (extended to October 22, 2005). I do not believe that are any other modifications or amendments to that Agreement. Again, I assumed you retumed the deposit. If you have not retumed the deposit, please do so as soon as possible. Thank you for your assistance. Very truly yours, Mark R. T. Simpson cc: John K. Murphy . " , VERIFICATION I have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Petition are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 195 ASSOCIATES, LLC Date: 3h( D(, . ~ PENN CREDIT CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflRespondent vi. NO. 06-449 CIVIL TERM 195 ASSOCIATES, LLC, Defendant/Petitioner IN EQUITY CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition was sent by first class mail, postage prepaid this day to the following: Richard S. Friedman, Esquire Friedman & King 600 North Second Street P.O. Box 984 Harrisburg, PA 17108 Attorneys for Plaintiff/Respondent Respectfully Submitted, WIX, WENGER & WEIDNER Date: 3/&i)0 '7 By: I . I ./ '. '}" . ' Ii!- :.... Alison A. Zortman, Le I Assistant _n 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant/Petitioner ,._-1 ~_. . ,~ <, t-.' r- \\\\\ C;J 1.0 ~ <B .--.) r- \..!.~ c::t ",'Z ~6 6~ .tJ'r 'l. Ul Ul .. Ul d:I .. '" Ul .... .' ~ '" '" oS .. o .... .. .... o .' ~ l\ ~\ . ~ t'""' l..fl t'""' oS o o .~ . PENN CREDIT CORPORATION Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-449 CIVIL TERM 195 ASSOCIATES, LLC Defendant : IN EQUITY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as co-counsel for the Plaintiff in the above- captioned matter. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: /':: ~~ Mark K. Emery, Esquire Supreme Court 1.0 . 72787 410 North Seco Street Harrisburg, PA 17101 (717) 238-9883 Co-Counsel for Plaintiff DATE: March 16, 2006 CERTIFICATE OF SERVICE AND NOW, this 16th day of March, 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Important Notice by mailing a true and correct copy via United States first class mail, addressed as follows: Steven M. Williams, Esquire WIX, WENGER & WEIDNER 508 North Second Street PO. Box 845 Harrisburg, PA 17108-0845 LAW OFFICES OF MARK K. EMERY ~~/ By:./ ~._'~---~ Mark K. mery ~ /' ("2 ("~ .-> c_c., c.':) c,'~ ~ ::0 -J (:J -n ::?-n fl1p..:. -:-'8 "~ L. '.i'-/, -co -..,". -' -~:.[; :,' .Jl C':l :"" <:~) (..:J o ~ , 7 L .; oj LU I\oV-id 1 \i I )j PENN CREDIT CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent vii. NO. 06-449 CIVIL TERM 195 ASSOCIATES, LLC, Defendant/Petitioner L;v'\ ~ \\e-\iO~ ~LJ IN [QUrJ:.Y t\\ AND NOW, this \ b day of March 2006, upon consideration of the Petition of ORDER Defendant/Petitioner to Strike Lis Pendens, it is hereby ordered that 1. A rule is issued upon the Plaintiff/Respondent to show cause why the Defendant/Petitioner is not entitled to the relief requested; 2. Plaintiff/Respondent shall file an answer to the Petition within 1..0 days of this order; 3. An evidentiary hearing on disputed issues of material fact shall be held on ~t d l..J ~ , 2006 at I.' d D ~.m. in Courtroom ,5 of the Cumberland County Courthouse. By the Court: Harrisburg, PA 17108-0845d~1-j _ WI,,, For Plaintiff/Responden!:. ~iCA2f,~ S:_.Friedm3n, Esquire, Friedman & King, 600 North Second Street, P.O. Box 984. Harrisburg, PA 17108 "J-:5",- ,',: 1- ___ . "'" _. '-' ['f'or C(,4u /l-CL<-- - /1',.1 \ ~ ~ j" ) RAA-- "'i/if I - l? a~. ,~i . y. ) ",. D ,<';P ~~ OJ \7'; 1\ \:' '.\ji\S\,:>t~d Ali'.Jr':("r'" '-:-'" '--inil\lfYJ 9 I :6 Hit L I tJ\1~19DDZ AbV.LO~'1()!t,:,,~:(jd 3Hl :!O 3JI.:!:'(t-03l1:J PENN CREDIT CORPORATION Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. . No 06-449 CIVIL TERM 195 ASSOCIATES, LLC Defendant . IN EQUITY ANSWER TO DEFENDANT'S PETITION TO STRIKE LIS PENDENS AND NOW, comes Plaintiffi'Respondent, Penn Credit Corporation, by and through its Attorney, Mark K, Emery, Esquire and files this Answer to Defendant's Petition to Strike Lis Pendens, as follows. 1. Admitted upon information and belief. 2. Denied as stated. While 195 Associates did have a subdivision application pending, paragraph 2 is denied to the extent that DefendantIPetitioner is asserting that it made good faith and reasonable efforts to obtain final sub-division approval. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraph 6 refers to a written agreement, the terms of which speak for itself. Therefore paragraph 6 is denied. 7. Paragraph 7 refers to a written agreement the terms of which speak for itself. Therefore paragraph 7 is denied. 8. Paragraph 8 refers to a written agreement the terms of which speak for itself. Therefore I paragraph 8 is denied. 9. Paragraph 9 refers to a written agreement the terms of which speak for itself Therefore paragraph 9 is denied. 10. Paragraph 10 refers to a written agreement the terms of which speak for itself Therefore paragraph 10 is denied. I I. Admitted in part. Denied in part. It is admitted that prior to January 31, 2005, Plaintiff did not provide Defendant a written financing commitment. By way of further response, 195 Associates, through its real estate agent, was advised that financing was available and Plaintiffs had at all periods of time the financial ability to conduct closing at any time 12. Admitted in part. It is admitted that 195 Associates and Plaintiff entered into an AddendumlEndorsement to the Agreement of Sale. Such document is a writing, the terms of which speaks for itself and therefore the remainder of paragraph 12 is denied. 13. Admitted in part. Denied in part. It is admitted that on April 26, 2005, 195 Associates and Plaintiff entered into another Addendum to the Agreement of Sale. Such document is a writing, the terms of which speaks for itself and therefore the remainder of paragraph 13 is denied. 14. Admitted in part. Denied in part. It is admitted that prior to January 31,2005, Plaintiff did not provide Defendant a written financing commitment. Paragraph 14 is denied to the extent that it attempts to infer that the reason for such failure is the fault of Plaintiff. On the contrary, Plaintiff was unable to obtain a written financing commitment due to the consistent delays of 195 Associates in obtaining a final subdivision approval Absent such approval, Plaintiff's lender would not issue a financing commitment However, at all times 2 Plaintiff's lender was committed to providing financing for the purchase. 15. Denied. It is specifically denied that Plaintiff did not have a financing commitment prior to October 31,2005. On the contrary, Plaintiff's lender, Mid Penn Bank, issued a financing commitment on April 12, 2005. Financing could have been provided at any time by Mid Penn Bank. In addition, the real estate agent for 195 Associates was advised that financing was in place. At no time did 195 Associates ever demand that written proof of financing be provided, nor did it ever exercise its right under paragraph 8(C)(2) to deem the Agreement void and return the deposit monies. 16. Denied as stated. It is admitted that prior to October 31,2005, Plaintiff did not attempt to schedule settlement. Plaintiff could not attempt to schedule settlement since they were fully aware that 195 Associates had failed to use good faith and reasonable efforts to obtain final sub-division plan approval. As would be obvious to 195 Associates, settlement could not and would not occur until 195 Associates fulfilled their obligations to obtain a final subdivision plan approval. Plaintiff, through their agent, made continuous and consistent efforts to obtain information regarding the status of the subdivision approval process, but such information was not forthcoming from 195 Associates. 195 Associates was fully aware that settlement could not occur until they fulfilled their obligation to obtain subdivision approval in a reasonable and timely manner. 17. Denied. It is specifically denied Plaintiff did not contact 195 Associates to schedule settlement. On the contrary, Plaintiff through its real estate agent made numerous contacts to the agent for 195 Associates in an attempt to close on the property. 195 Associates' agent did not make efforts to communicate with Plaintiff and failed and 3 refused to discuss settlement dates. 18. Denied. It is specifically denied that after October 31, 2005, Plaintiff did not contact 195 Associates to schedule settlement. On the contrary, acting through its real estate agent, Plaintiff consistently contacted 195 Associates after October 31, 2005, to determine the status of the subdivision plan approval the hopes of moving the transaction to settlement 19. Denied as stated. Although Plaintiff did not specifically request a written extension of the settlement date prior to October 31, 2005, Plaintiff, through its real estate agent consistently contact 195 Associates and continued to discuss settlement with 195 Associates' representatives. 20. Denied as stated. Although Plaintiff did not specifically request a written extension of the settlement date prior to October 31, 2005, Plaintiff, through its real estate agent, consistently contacted the agent for 195 Associates in order to determine when settlement could occur. 21. It is admitted that settlement did not occur in October 2005. At that time, and at all times both prior to such date, after such date and up to today, Plaintiff has been ready, willing and able to conduct settlement. The sole reason settlement did not occur was 195 Associates' failure and refusal to act in good faith in obtaining final subdivision plan approval. 22. Denied as stated. It is specifically denied that 195 Associates deemed the Sales Agreement to be void after October 31, 2005. Not only did the real estate agents for the parties continue to discuss settlement after such date, but the real estate agent for 195 Associates did not return the deposit to Plaintiff, which would have been required had the 4 Agreement terminated, pursuant to the Real Estate Licensing and Registration Act, 63 P.S. g455.604(5)(i) and (iv). The deposit was returned by letter dated January 16, 2006. The return only occurred after the agent and legal counsel for Plaintiff advised 195 Associates that they believed the Agreement to still be effective, and wished to conduct settlement. At no time from October 31,2005 to January 16, 2006195 Associates, its agents or representatives, ever provide notice to plaintiff that they deemed the Agreement void, or otherwise were not continuing to obtain subdivision approval in order to finally conduct settlement. 23. Denied After reasonable investigation, Plaintiff does not have sufficient information to either admit or deny as to when 195 Associates learned that the deposit had not been returned and therefore paragraph 23 is denied. In addition, paragraph 23 refers to a writing which speaks for itself and is therefore denied. 24. Denied. It is specifically denied that Plaintiff had not requested that settlement occur The sole reason settlement did not occur was due to the purposeful delays caused by 195 Associates. 25. Admitted upon information and belief. 26. Denied. After reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the allegations regarding a third party contract and therefore paragraph 26 is denied. 27. Admitted. 28. Admitted. 29. Denied as a legal conclusion. 5 30. Denied as a legal conclusion. 31. Denied as a legal conclusion. 32. Denied as a legal conclusion. 33. Denied as a legal conclusion. 34. Denied as a legal conclusion. 35. Denied as a legal conclusion. 36. Denied as a legal conclusion. 37. Denied as a legal conclusion. 38. Denied as a legal conclusion. 39. Denied as a legal conclusion. 40. Denied as a legal conclusion. 41. Denied as a legal conclusion 42. Denied as a legal conclusion 43. Denied as a legal conclusion. WHEREFORE, PlaintifflRespondent, Penn Credit Corporation, respectfully requests this Honorable Court deny Defendant's Petition to Strike Lis Pendens. NEW MATTER 44. Pursuant to the Agreement of Sale, in the event Plaintiff did not provide a written financing commitment by January 31, 2005, all deposit monies were to be returned to Buyer. 45. From January 31, 2005 to October 31, 2005 195 Associates did not exercise its option of returning the deposit money. 6 46. Prior to October 31, 2005, the real estate agent for Plaintiff advised the agent for 195 Associates that financing was in place. 47. Prior to October 31,2005, and at all times thereafter, Plaintiff was ready, willing and able to close at any time. 48. Prior to October 31,2005, and at all times thereafter, Plaintiff's lender, Mid-Penn Bank, had committed to financing the purchase. 49. Prior to October 31, 2005 195 Associates had not obtained final subdivision plan approval. 50. 195 Associates commenced obtaining subdivision approval no later than December of 2003. 51. The extension of the settlement date from April 22, 2005 to October 2005 was at the request of 195 Associates. 52. Plaintiff was ready, able and willing to close by April 22, 2005. 53. 195 Associates was unable and unwilling to settle on or before April 22, 2005. 54. In or about June 2005 195 Associates was approached by buyers (hereinafter "Third Party Buyers") interested in purchasing the entirely of the Silver Spring Commerce Park. 55. The Third Party Buyers were provided the terms and purchase price to which Plaintiff and 195 Associates agree. 56. Upon information and belief, Third Party Buyer's negotiations with 195 Associates provided the Third Party Buyer with the right to void the agreement in the event they were dissatisfied with any then existing agreement for the sale of individual lots. 57. Upon information and belief, the Third Party Buyers were dissatisfied with Plaintiff's 7 agreement, and would not conclude their purchase if they were required to honor that sales contract. 58. Upon information and belief the Third Party Buyer determined that they could not, and would not, purchase the entire property if they had to assume the contract between Plaintiff and 195 Associates. 59. Prior to October 31,2005195 Associates real estate agent advised Plaintiff that the Third Party Buyer would honor their sales contract, but wanted a higher price. 60. Plaintiff responded that they would not pay a higher price, and simply wanted to conduct settlement as soon as possible. 61. As part of the negotiations with the Third Party Buyers, 195 Associates offered that all subdivision plans and application could be submitted to Silver Spring Township by no later than December 15, 2005. 62. 195 Associates made no efforts to submit such plans prior to October 31, 2005. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: ~~~z-- Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, P A 17101 (717) 238-9883 Attorney for Plaintiff DATE: April 5, 2006 8 VERIFICATION I, 1h aIM> r Fv i~ ~r,- on behalf ofPeM Credit Corporation, hereby verify that I have read the foregoing Answer to Petition to Strike Li, Penden, and that the information contained therein is true and correct to the best of my knowledge, iIlformation and belief We understand that false statements herein are subject to the penalties of 18 Pa.C.S ~ 4904 relating to un,worn &1si1ication to authorities. PENN CREDIT CORPORATION ByIJL~(} DATE /.11-1/06 , . CERTIFICATE OF SERVICE AND NOW, this 5th day of April, 2006, I, Mark K. Emery, Esquire do hereby certiJy that I have served the foregoing Answer to Petition to Strike Lis Pendens by mailing a true and correct copy via United States first class mail, addressed as follows: Steven M. Williams, Esquire WIX, WENGER & WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 LAW OFFICES OF MARK K. EMERY By: ~~~~ Mark K. Emery .'~ ., ::i~ ::;;~ .-n ~'r1,1~~ en -- ., PENN CREDIT CORP., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-449 CIVIL TERM 195 ASSOCIATES, Defendant/Petitioner IN EQUITY IN RE: PETITION TO STRIKE LIS PENDENS ORDER OF COURT AND NOW, this 26th day of April, 2006, the record being complete in this matter, the parties are directed to file proposed Findings of Fact and any supplements to their brief on or before the close of business on May 2, 2006. By the Court, M.~E~rt~ ~ ~rk K. Emery, Esquire 410 North Second Street Harrisburg, Pa. 17101 For Penn Credit Corp. ~even M. Williams, Esquire 508 North Second Street Harrisburg, Pa. 17108-0845 For 195 Associates ~ :mtf gO'? U.J . . - .(j ;f'l. L? }I.1l1 (11707 OJ ,1(; <I )U'J(, PENN CREDIT CORPORATION PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 06-449 CIVIL TERM 195 ASSOCIATES, LLC DEFENDANT IN EQUITY ORDER OF COURT ih AND NOW, this ~ day of May, 2006, upon consideration of the Petition of Defendant/Petitioner to Strike Lis Pendens, a full hearing on said Petition and the argument and briefs of counsel for the parties, IT IS HEREBY ORDERED that the lis pendens indexed in this case is hereby STRICKEN from the record. By the Court, ,~~ M. L. Ebert, Jr., ~ark K. Emery, Esquire Attorney for Plaintiff/Respondent 'T/INVA-L\SNN3d JJ.NnOJ ('r,:';;'linm'Jno sa:~ Wd S- AVW900Z A!:lV1ONOHlOl::id 3Hl :10 3:)I;H0-03ll:lI SHERIFF'S RETURN - OUT OF COUNTY ." ~SE NO: 2006-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENN CREDIT CORPORATION VS 195 ASSOCIATES LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: 195 ASSOCIATES LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS 27th , 2006 , this office was in receipt of the On March attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 36.80 Postage 1.50 75.30 03/27/2006 FRIEDMAN & KING '~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this It f-t.. .20 0 " UAt ~ day of l ~, - " COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 4S N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN U OTHER 1 PLAINTIFF/Sf Penn Credit Corporation 3 DEFENDANT/51 195 Associates LLC SERVE { .. 6 ADDRESS (STREET OR RFO VII'ITH BOX NUMBE AT 145 Limekiln Road suite 600 New Cunberland 17070 ,- 7 INDICATE SERVIce. a PERSONAL 0 PERSON IN CHARGE DEPUTIZE '.J CERT. MAil 0: 151 CLASS MAil U POSTeD NOW Fp.hT1lrl1:)' 21 , 20~ I, SHERIFF O~Wt3NTY~PA' d hereby deputi Ynrk COUNTY to execute this' ake r t n t to law. This deputization being made at the request and risk of the plaintiff. , SHERIFF OF OUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING S@IlJIfEOF CO U N T Y Cunberland ADVANCE FEE PADI BY ATTY, e sheriff of ding Please mail retw:n of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman. en custody of whomever is found in possession, after notifying person of levy or attachment. without liatMlity on the part 01 such deputy or the sheri"' to any plaintiff herein for any tals, destruction. or removal or any property before sheriff's sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURft I C HARD S. F R I E DMA N , P.O.BOX 984, HARRISBURG, PA 17108 E "..TELEPHONENUMBER 11, CATEFILED 717-236-8000 2/16/2006 12. SEND NOTICE OF SERV1CE COPY TO NAME AND ADDRESS BELOW: (ThiS area must be completed if nobce is to be mailed) 13. I acknowtedge receipt of the writ or complaint as indiaIted above. MJ MCGIll YCSO 16 HOW SERVED' PERSONAL ( RESIDENCE ( ) POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW hereby certify ~d return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) E AND TITLE OF INDIVIDUAL SERVED lUST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship 10 Defendanl) 19 Dale of Service 20 Time of Service \ 22 23. Advance Costs $100.00 . Signature 01 Dep. Sherin 46. Signature or York County Sherin For WIlliam M 48 Signalure of Foreign County Sheriff SIGNATURE "5. OA TE NOTARIAL S L LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG. 12, 2009 50. I ACKNOVVLEDGE RECEIPT OF TH OF AU~tZED ISSUING AUTHORITY AND TiTlE 1. WHITE -luumgAulhorily 2. PINK -Attorney 3. CANARY - Sheri"'s Office ... BLUE - ShenfT's Office ~ Hose Sheriff "7. DATE /22/06 "9 DATE 51 DATE RECEIVED - <Ii,"'. ~;> ;,.L;.::~ .. '. ,,'-, ,- ... -.... .'. ",>:ct"'~- .1 'j rc. :1 , GG 911 qaal ':JJI 0 ,:L~ii ' U ''-!.:../ i ~: ' ' . <. COHEN, SEGLlAS, PALLAS, GREEHALL & FURMAN PC Steven M. Williams, 10 #62051 swilliams@cohenseglias.com 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Defendant/Petitioner PENN CREDIT CORPORATION,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pia i ntiff/Respondent: v. NO.: 06-449 Civil Term 195 ASSOCIATES, LLC, Defendant/Petitioner: IN EQUITY PREACIPE To the Prothonotary: Please note that my firm affiliation and address have changed, as indicated herein. Cohen, Segl' s, Pallas, Greenhall & Furman teven M. Williams, PA 10 #62 51 swilliams@cohenseglias,com 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Defendant/Petitioner Date: z, 1'1'1 \ '. PENN CREDIT CORPORATION,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent: v. NO.: 06-449 Civil Term 195 ASSOCIATES, LLC, Defendant/Petitioner: IN EQUITY CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff/Respondent Richard S. Friedman, Esquire Friedman & King PO Box 984 Harrisburg, PA 17108 Attorney for Plaintiff/Respondent Respectfully submitted, Cohen, Seglias, Pallas, Greenhall & Furman Date: Q)lo lDt) By: Alison A. Zortman, Leg Assistant 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Defendant/Petitioner !'-..) {:::-'~ C"::,'j --.J o -n -r"\ r~i"-i t-;-"~; I CJ C:?' o N