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HomeMy WebLinkAbout09-2164IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABECO, INC, No: 21(v MILD 2009 Plaintiff CIVIL ACTION- LAW Vs. TYPE OF PLEAD G: INSTTE DEVELOPMENT, LLC, MECHANICS LIE Defendant FILED ON BEHALF OF: Plaintiff COUNSEL OF RE?ORD: JOHN F. MARSF*L, ESQUIRE P.O. Box 29 9888 Route 322 Shippenville, PA 1 254 (814) 226-7410 OPPOSING COUNSEL: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABECO, INC, No: C.D. 2009 .W14, y Plaintiff CIVIL ACTION- LAW Vs. • I INSITE DEVELOPMENT, LLC, Defendant MECHANICS LIEN AND NOW, comes ABECO, INC., by and through its attorney, iohn F. Marshall, Esquire, and files the within Mechanic's Lien as follows: TO: INSITE DEVELOPMENT, LLC 1943 Monterey Drive Mechanicsburg, PA 17050 1. ABECO, INC., by its President, ARTHUR E. BUSITYEAGER, Mates that ABECO, INC. has an address of P.O. Box 265, Clarion, Clarion County Pennsylvania 16214. 2. Between March 17, 2008 through March 18, 2009, ABECO, INC(., through its authorized agents, employees and servants furnished labor, as specifically set forth in the contract attached hereto and made a part hereof, and pursuant to an oral ontract between INSTTE DEVELOPMENT, LLC. and ABECO, INC. for the constructio of a Comfort Suites one-hundred and three (103) room hotel, parking garage, retail sp4ces and parking lot located at 2005 Technology Parkway, Hampden Township, Mechanicsburg, PA 17050 situated on land hereinafter described. 3. That ABECO, INC. through its agents, employees and servants, began providing labor on or about March 17, 2008 and the last of such labor was performed on March 18, 2009. 4. That there is justly due ABECO, INC. from INSITE DEVELOPMENT, LLC., over and above all legal set-offs, the sum of $140,000.00, for which AB4CO, INC. claims a lien on said land and building. 5. That the land against which the lien is sought is described as follows: PARCEL ONE- consisting of 2.401 acres conveyed to Insite Development, LLC. by Cumberland County Deed Book reference 279-396, known as tax map n?mber 10-14- 0839-023 and also known as lot 5A of subdivision plat book 81, page PARCEL TWO- consisting of 1.015 acres conveyed to Insite Development, LLC. by Cumberland County Deed Book reference 279400, known as tax map n?mber 10-14- 0839-024 and also known as Lot 2 of subdivision plat book 23, page 53. 6. That the owner of the land on which the lien is formed is DEVELOPMENT, LLC. and since the beginning of the contracts, DEVELOPMENT, LLC., has had a business address of 1943 Monterey Mechanicsburg, PA 17050. I VERIFICATION I, ARTHUR E. BUSITYEAGER, President of Abeco, Inc. verify, that the statements made in the foregoing Mechanics Lien are true and correct. X understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ?k. Section 4904, relating to unsworn falsification to authorities. DATED: 3I G? ' ___ -" VIC. ARTHUR E. BUS sident ts:/ FILE50r3CEE OF THE PROW NOTARY 2004 APR -6 PM 3* 0 ! Wtka-- ` ? ib COUNTY PENWYLUANIA $1R . oo P b ATTY ,?' tA51lo er* aa330-5 Sheriffs Office of Cumberland County R Thomas Kline tir of cullibrr?? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE Or r' S-QRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/13/2009 02:29 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to low, states that on April 13, 2009 at 1429 hours, he served a true copy of the within Mechanics Lien, upon! the within named defendant, to wit:lnsite Development, LLC, by making known unto Patricia Erwin, Co-Owner, at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.12 April 14, 2009 Docket NO. 2009-2164 Abeco, Inc, v Insite Development, LLC SO ANSVff RP, 1 boe ?0P00a"e:" --f ?--4 R THOMAS KLINE, SHERIFF uty S e Ify CJ o r: - 0 -n Fn `G;:. C 77