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HomeMy WebLinkAbout08-3753COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. Jason A. Copley, Esquire Identification No. 72774 jcopley@cohenseglias.com 240 North Third Street 8:h Floor Harrisburg, PA 17101 (717) 234-5530 HERRE BROS., INC. Claimant, V. BG REAL ESTATE HOLDINGS LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA No.. 48-' 37 ?-3 M "o Owner MECHANICS LIEN CLAIM NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: BG Real Estate Holdings LLC, 1300 Camp Hill Bypass, Camp Hill, Pennsylvania 17011 You are notified that a mechanics' lien claim in the amount of $513.44, has been filed on behalf of Claimant, Herre Bros, Inc., against your property at 1300 Camp Hill Attorneys for Claimant Bypass, Camp Hill, Pennsylvania, of which you are the owner or reputed owner. The claim was filed on June 25, 2008 in the Court of Common Pleas of Cumberland County, docketed to the following number: Q 8,- 375-3 M 0 A copy of the claim is attached hereto. Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: (.10)a By: GAW1 & Jason A. Copley, PAI 1. D. #72774 240 North Third Street, Bch Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. Jason A. Copley, Esquire Identification No. 72774 jcopley@cohenseglias.com 240 North Third Street 8m Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant HERRE BROS., INC. Claimant, V. BG REAL ESTATE HOLDINGS LLC, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA No.: MECHANICS LIEN CLAIM MECHANIC'S LIEN CLAIM Claimant, Herre Bros., Inc. ("Herre Bros." or "Claimant"), by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., files this Mechanic's Lien claim as a Contractor pursuant to the Mechanics' Lien Law of 1963, 49 P.S. §1101, et seq. against the premises herein described, any and all buildings erected thereupon, and the land appurtenant thereto, for the payment of $513.44, due it as Contractor under the contract herein described. The following represents Herre Bros. statement of claim. 1. Claimant is Herre Bros., Inc., a contractor in this matter and a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 4417 Valley Road, Enola, Pennsylvania 17025. 2. Upon information and belief, the owner or reputed owner of the property, known or formerly known as Dorado's Restaurant, that is subject to this claim (the "Property") is BG Real Estate Holdings LLC, (the "Owner"), whose business address is 1300 Camp Hill Bypass, Camp Hill, Pennsylvania 17011. A true and correct legal description of the Property is attached hereto as Exhibit "A". 3. On or about March 3, 2008, Herre Bros. and Owner entered into an oral agreement (the "Agreement") by which Claimant agreed to perform certain work at the Property, and Owner agreed to pay Claimant's usual and customary charges for such work. 4. Pursuant to the Agreements, Herre Bros. performed general mechanical/plumbing repair/alteration work on the Project, which included a repair to a bar sink drain. 5. Herre Bros. completed all work for which it now seeks payment in a good and workmanlike manner and its work was accepted by the Owner. 6. Herre Bros. last did work on the Project on or about March 3, 2008. 7. By Invoice dated March 18, 2008, Herre Bros. billed Owner for the work Herre Bros. performed at the Project. A true and correct copy of the Invoice is attached hereto as Exhibit "B". 2 8. The balance due and owing from the Owner to Herre Bros. is $513.44 for services and materials it provided on the Project. 9. By filing this claim, Herre Bros. does not waive or intend to waive, modify, impair or postpone its right to assert any other claim which it may have pursuant to its performance on the Project. 10. The Mechanic's Lien Claim is filed to ensure payment of balances due and owing to Herre Bros. for work performed and material provided for the Project. 11. Herre Bros. hereby asserts a mechanics' lien against the said Property in the amount of $513.44. Date: 44t Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. By: &AWN A, Jason A. Copley, P D. #72774 240 North Third Street, 8`h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 3 EXHIBIT A FROM :CUMBERLAND FAX NO. :7172459661 Jun. 24 2000, 03:03PM P3 i'a J3 ?? ? THIS DEED f ..,.. L• 2'05 flPR 26 IRA 8 27 Tax Parcel No. 09-20-1854-006 Made the rltday of April, in the year of our Lord two thousand five (2005) Between CNL INCOME FUND, LTD., a Florida Ilrnited partnership, now by merger known as CNL APF Partners, LP, a Delaware limited partnership, party of the first part ("Grantor") AND BG REAL ESTATE HOLDINGS, LLC, a Pennsylvania limited liability company, party of the second part ("Grantee") Wftnesseth, that the said Grantor, for and in consideration of the sum of One Million One Hundred Thousand and 001100 ($1,100,000.00) Dollars lawful money of the United States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantee, Grantee's successors and assigns, ALL THAT CERTAIN piece, parcel and lot of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania; being more fully bounded and described in accordance with a survey by Dawood Engineering, Inc. dated March 25, 1997, and revised April 3, 1997, as follows, to wit: BEGINNING at an iron pin on the northern right of-way line of L.R. 708 (SR 0011) at the intersection of the southern right-of-way line of L.R. 770 (SR 1014); thence by said right-of-way line of L.R. 770 North thirty-five degrees fifty-seven minutes zero seconds West (N 35° 57'00" W) a distance of eighty-one and fifty-one hundredths (81.51) feet to a concrete monument at lands now or formerly Harrisburg Hotel Company; thence by said lands North eighty-four degrees thirty minutes zero seconds East (N 84" 30' 00" E) a distance of four hundred ninety-eight and thirty-six hundredths (498.36) feet to a concrete monument; thence by the same South twelve degrees forty-one minutes zero seconds West (S 12° 41'00" W) a distance of seventy-nine and sixty hundredths (79.60) feet to an iron pipe; thence by the same South eighteen degrees eleven minutes zero seconds West (S 18° 11'00" W) a distance of one hundred four and sixty- five hundredths (104.65) feet to an iron pipe on the northern right-of-way line of L.R. 708; thence by said right-of-way line by a curve to the right having a radius of one thousand one hundred sixteen and twenty-eight hundredths (1116.28) feet an arc distance of fifty and sixteen hundredths (50.16) feet, the chord length of said curve being North eighty-two degrees five minutes fourteen seconds West (N 82° 05' 14" W) a distance of fifty and sixteen hundredths (50.16) feet to a railroad spike; thence by the same North eighty degrees forty-eight minutes zero seconds West a distance of three b"u'!: 266 PAC!_-4 W;G FROM :CUMBERLAND FAX NO. :7172459661 Jun. 24 2000 03:04PM P4 hundred fifty-two and ninety-four hundredths (352.94) feet to an iron pin, the place of BEGINNING. BEING known and numbered as 1300 Camp Hill Bypass, Camp Hill, PA 17011, and having thereon erected a restaurant. BEING the same premises which The Ground Round, Inc., a Delaware corporation, by deed dated October 17, 1997, recorded December 29, 1997 in Cumberland County Deed Book 170, Page 9, granted and conveyed unto CNL Income Fund, Ltd., a Florida limited partnership. CNL Income Fund, Ltd., a Florida limited partnership, by merger, is now known as CNL APF Partners, LP, a Delaware limited partnership, Grantor herein. UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of-way of record. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. To Have and to Hold the above-described premises with the appurtenances unto the Grantee, Grantee's successors and assigns, forever. And the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. In Witness Whereof, the Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: CNL APF Part s, LP, by its sole General pa . , CNL APF GP Corp. AWA By:. all I 1 resident (Asst.) Secretary 900K 268 PACE28;V FROM :CUMBERLAND FAX NO. :7172459661 Jun. 24 2088 03:04PM P5 State of . SS.; County of 0< °\ 3c- A ckt On this, the 'l l day of Mhrch, 2005, before me, the undersigned officer, personally appeared Curtis B. McWilijamfs , who acknowledged himself to be the (Vice) President of CNL APF GP Corp, a Delaware corporation, the sole general partner of CNL APF Partners, LP, a Delaware limited partnership, and that he/she as such (Vice) President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporate general partner by himself as (Vice) President, as the act and deed of CNL APF Partners, LP. in Witness Whereof, I hereunto set my hand and official seal. Notary Public ' caWOMIAAaA My Commission Expires: MY CC#AVABM #DQ 1eises SEAL ©ct?9: o?obvr ? Qooe 1 Hereby Certify that the precise residence 9 Grantee is jJjWMS!q!.09 Ca :f F M e „p M ? ,,rryry? ?,?/) ? y??.' i??, ?Wy ?Nr ads [?,, '?!. ? p? ?•: for Grantee ?. b r•y ,.-. Cw/ V w V' f T r 11p/ JZ H 4 9ilCK 268 PACE ii 828 EXHIBIT B HERRE INVOICE I N C O R P O R A T E D 4417 VALLEY RD. • ENOLA, PA 17025-1477 (717) 732-4454 • FAX (717) 732-8208 www.herrebros.com -USTOMER PO. NO. CUSTOMER NO. VIA INVOICE NUMBER 1053 13645 T E D A R Net 30 Days E 3/1812008 S SS Dorado S Dorado L 1300 Camp Hill Bypass I 1300 Camp Hill Bypass D :amp [4111, PA 17011 P Camp Hill, PA 17011 23391 - Unclog Drains Item Description Quantity Unit Price Amount Labor Service Labor 3.00 74.50 223.50 Service Labor 3.00 74.50 223.50 Labor Subtotal $447.00 Material Material $66.44 Subtotal: $513.44 Sales Tax: $0.00 Total Due: $543.44 BUYER GRANTS TO SELLER A SECURITY INTEREST IN ALL PROPERTY LISTED ON THIS INVOICE UNTIL THE SAME IS PAID FOR IN FULL. IN THE EVENT THE BUYER FAILS TO PAY FOR THE SAME OR ANY PART THEREOF, SELLER SHALL HAVE THE RIGHT TO ENFORCE ALL REMEDIES PROVIDED IN THE UNIFORM COMMERCIAL CODE (PA.) OR OTHERWISE PROVIDED BY LAW, INCLUDING THE RIGHT OF POSSESSION. THIS ORDER IS NOT BINDING UPON THE SELLER UNLESS APPROVED BY OFFICER OF HERRE BROS., INC. HANDLING CHARGE: IS COMPUTED AT 1 % PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (WITH A MINIMUM CHARGE OF .50¢) ORIGINAL INVOICE ` 4417 Valley Road Enola, PA 17025-1477 717.732-4454 ` 717.732-8208 Fax www.herrebros.com I N R C A!1 D B':ll t l.(7 ry Site Name Street city Ph ne Authorized by Date Technician 'promised Problem, Description- Oty. Material & Services _ Unit Price ' Amount.. S??JVI VVHK U11L)t J, JOB NO: t r F Z / JOB COIAPLETE-, "YES,,; NO 1-1 CALL BACK F1 REGULAR n VIARRANTl' FI SERVICE CONTRACT Unit Make Model # Serial # Unit Make Modal #, Serial # -- --- - - Tag Tag r Description of Work Performed J f x ell ?a f Hrs. Labor Rate Amount Circuit :1 Circuit 2 RLA rated Superheat RLA rated Superheat . Amps Act Subcooling Amps Act Subcooling Voltage Siteglass Voltage Siteglass Suction Oil level Suction Oil level Discharge Meg Ohms Discharge Meg Ohms Supply Fan Refrigerant Condenser Fan 1. Condenser Fan 2 RLA rated Qty. Type RLA rated RLA rated TOTAL SUMMARY Amps Act Recovered Amps Act Amps Act Labor Voltage Reclaimed Voltage Voltage Material 21 DAT Disposal Other Equipment/Rentals RAT Oii Other f k a( } MAT Disposal Tax "Other Readings TOTAL LIMITED WARRANTY: All materials, parts and equipment are warranted by the manu- facturers' or supplier's written warranty only. All labor performed by Herre Bros. Inc. is Recommendations warranted for one (1) year or otherwise indicated in writing. Herre Bros. Inc. makes no other warranties expressed or implied, and its agents or technicians are not authorized , to make any such warranties on behalf of Herre Bros. Inc. r I HAVE AUTHORITY TO ORDER THE WORK WHICH HAS BEEN SATISFAC- TORILY PERFORMED, AS OUTLINED ABOVE. IT IS AGREED THAT THE SELLER WILL RETAIN TITLE TO ANY EQUIPMENT OR MATERIAL THAT MAY BE FURNISHED UNTIL FINAL PAYMENT IS MADE, AND IF SETTLEMENT IS NOT MADE AS AGREED, THE SELLER SHALL HAVE THE RIGHT TO REMOVE SAME AND THE SELLER WILL BE HELD HARMLESS FOR ANY DAMAGES RESULTING FROM THE-REMOVAL THEREOF. X r7 : ' t n IQ, l ? ill FOR THIS OPPORTUNITY TO SERVE YOU. PLEASE KNOW THAT WE'LL BE READY FOR YOUR NEXT SERVICE NEED. CUSTOMER SIGNATURE DATE TRADITIONAL VALUES • LEGENQ,ARY SERVICE VERIFICATION I hereby depose and say that the facts set forth in the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Agent for Herre Bros., Inc. DATE: C - I p dg r ?. Mr v ? kJ rJ l 1 7 +..wJ S8ERIFF'S RETURN - REGULAR CASE NO: 2008-03753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERRE BROS INC VS BG REAL ESTATE HOLDINGSILLC STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, i says, the within MECHANICS LIEN CLAIM was served upon BG REAL ESTATE HOLDINGS LLC the OWNER at 0010:35 HOURS, on the 30th day of June , 2008 at 320 W MEADOW DRIVE i MECHANICSBURG, PA 170501 BILL GULA by handing to OWNER OF BG REAL ESTATE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time di2;ecting His attention to the contents thereof. Sheriff's Costs: Docketing 1 8.00 Service 11 1.00 Affidavit .00 Surcharge 1 0.00 Postage ' .42 17 0') o v 3 F 9.42 Sworn and Subscibed to before me this ay of So Answers: R. Thomas Kline 07/01/2008 COHEN SEGLIAS PALLAS By. Deputy Sheriff A. D. COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. Jason A. Copley, Esquire Identification No. 72774 jcopley@cohenseglias.com 240 North Third Street 8"' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant HERRE BROS., INC. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA Claimant, V. : No.: 08-3753-MLD BG REAL ESTATE HOLDINGS LLC, Owner : MECHANICS LIEN CLAIM PRAECIPE REGARDING SERVICE To the Prothonotary: Please accept for filing the attached Affidavit of Service of Notice of Filing of Mechanics' Lien, evidencing service of the Mechanics' Lien Claim and Notice of Filing of the Mechanics' Lien Claim in this case on Owner. Respectfully Submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: vk/16 By: Jason A. Copl . . # 72774 240 North Third S reet 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant HERRE BROS., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA Claimant, V. No.: 08-3753-MLD BG REAL ESTATE HOLDINGS LLC, Owner MECHANICS LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid, this day to the following: BG Real Estate Holdings, LLC 320 West Meadow Drive Mechanicsburg, PA 17055 Respectfully Submitted, Cohen Seglias Pallas Greenhall & Furman, PC Date: By: Alison A. Zortman, L q661 Assistant 240 North Third Street 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant HERRE BROS., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA Claimant, V. : No.: 08-3753-MLD BG REAL ESTATE HOLDINGS LLC, Owner : MECHANICS LIEN CLAIM Affidavit of Service of Notice of Filine of Mechanics' ,Lien Being duly sworn according to law, I hereby depose and say: I am an adult individual 28 years old and duly authorized to make this Affidavit. 2. On June 25, 2008, 181ed a Mechanics' Lien Claim and Notice of Filing of Mechanics' Lien Claim in the above captioned matter on behalf of Plaintiff, Herre Bros., Inc. 3. On June 25, 2008, 1 provided the Cumberland County Sheriffs Department with a time-stamped copy of the Mechanics' Lien Claim and Notice of Filing of the Mechanics' Lien Claim for the purpose of serving the Owner, who is the reputed owner of the property on which the lien is asserted. 4. On June 30, 2008, the Cumberland County Sheriffs Department served the Mechanic's Lien Claim and Notice of Filing of Mechanic's Lien Claim on the Owner by hand delivering it to Owner, Bill Gula at 320 West Meadow Drive, Mechanicsburg, PA 17055. Attached hereto as Exhibit A, evidencing service on the Owner, is a true and correct copy of the Cumberland County Sheriffs Return of Service. Alison A. Zortma Sworn to and subscribed to before me, a Notary Public, this ?r day of , 2008. (5K-ota/y Public My Commission Expires: NOTARIAL SEAL STEPHANIE SCHUBERT, NOTW PUBLIC CITY OF HARRISBURG DAUPHIN COUNTY MY COMMISSION &AkES SEPT. 25, 2010 EXHIBIT A SHERIFF'S RETURN - REGULAR CASE NO: 2008-03753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERRE BROS INC VS BG REAL ESTATE HOLDINGS LLC STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BG REAL ESTATE HOLDINGS LLC the OWNER , at 0016:35 HOURS, on the 30th day of June 2008 at 320 W MEADOW DRIVE MECHANICSBURG, PA 17050 by handing to BILL GULA OWNER OF BG REAL ESTATE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this So Answers: 18.00 11.00 .00 10.00 R. Thomas Kline .42 39.42 07/01/2008 COHEN SEGLIAS PALLAS By: day Deputy Sheriff of A. D. m ` 4 co COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. Jason A. Copley, ID No. 72774 jcopley@cohenseglias.com Steven M. Williams, ID No. 62051 swilliams@cohenseglias.com 240 North Third Street 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant rlr-KKt tjKUS., INC. Claimant, V. BG REAL ESTATE HOLDINGS LLC, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA No.: 08-3753-MLD : MECHANICS LIEN CLAIM PRAECIPE TO MARK MECHANICS' LIEN SATISFIED, RELEASED AND DISCHARGED TO THE PROTHONOTARY: Kindly mark the above captioned Mechanics' Lien satisfied, released and discharged upon payment of your costs only. Respectfully sub Cohen Segli Pallas Gre all & Furman, PC Date: t o I t ilk By: Steven M. Williams, PA I.D. #62051 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant HERRE BROS., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA Claimant, _ V. : No.: 08-3753-MLD BG REAL ESTATE HOLDINGS LLC, Owner : MECHANICS LIEN CLAIM CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid, this day to the following: Jeffrey C. Clark, Esquire Wlx, Wenger & Weidner, PC 508 North Second Street Harrisburg, PA 17101 Date: ) Q f al 09 Respectfully Submitted, Cohen Seglias Pallas Greenhall & Furman, PC By: Alison A. Zortman, Leg Assistant 240 North Third Street 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Claimant t? '? ? ? ? ? ,?_ ?..? ? ?ti-;7 O "'3 p ' ? W f?' I ,;:, _ ll ? . r .. } ?? ?