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Home My WebLink About09-2886MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR CLAIMANT I.D. No. 41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Claimant ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009 - Af Gh SILVER CREEK DEVELOPMENT ) CIVIL ACTION COMPANY LIMITED PARTNERSHIP, ) MECHANICS' LIEN CLAIM Owner ) NOTICE OF MECHANICS' LIEN CLAIM TO: Silver Creek Development Company Limited Partnership c/o Silver Creek Development Company, Inc. 2151 Linglestown Road Harrisburg, PA 17110 Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, on May 7, 2009, at the above-captioned docket number. A true and correct copy of the Mechanics' Lien Claim is attached. Respectfully submitted, MICHAEL L. BANG Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: ?? /7 D 01 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR CLAIMANT I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Claimant ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009 SILVER CREEK DEVELOPMENT ) CIVIL ACTION COMPANY LIMITED PARTNERSHIP, ) MECHANICS' LIEN CLAIM Owner ) MECHANICS' LIEN CLAIM 1. Claimant, Hempt Bros., Inc., ("Claimant") is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Claimant provided materials that were used on the improvement of the project known as the Silver Creek Development located in Hampden Township, Cumberland County, Pennsylvania ("Property"). 3. The Owner of the property is Silver Creek Development Company Limited Partnership, which lists an address as 103 Farmstead Circle, Lebanon, Pennsylvania on both the Pennsylvania Corporation Bureau and on the recorded Deed. The general partner is Silver Creek Development Company, Inc., with an address of 2151 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 4. The materials which are the subject of the claim are more particularly described in Exhibit A attached hereto and were supplied to the Property on November 10, 2008. 5. A Notice of Intention to File Mechanics' Lien was provided to Owner and to the general contractor Miller Warner Construction Company, Inc., on April 3, 2009. Attached hereto and marked as Exhibit B is a true and correct copy of the Notice. 6. The amount claimed to be due and owing is $11,493.33. 7. The materials that were used for the improvement of the Property included sand, concrete and other materials as more fully described in Exhibit A. Respectfully submitted, MICR L L. BANGS Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: /? ?? '? VERIFICATION PURSUANT TO Pa. R.C.P. 1024(c) I, MICHAEL L. BANGS, Esquire, counsel for Hempt Bros., Inc., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief based upon information and documents provided to me by Hempt Bros., Inc. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: S 7 MICHAEL L. BANGkEsquire EXHIBIT A Bill To: Job: 07-519 002787 MILLER-WARNER CONST CO IN SILVERCREEK 265 PLANE TREE DRIVE SILVER CREEK DEV LANCASTER, PA 17603-0000 Invoice: 534472 Page 1 of 1 Project No I Invoice Date I Purchase Order Payment Terms 07-5 19 10 /06/08 07519 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 09/24 09/24 30271190 302711 BC SAND (LST) 21.4000 T 9.9500 0.00 212.93 09/24 91 30271 BC SAND (LST) 23.7500 T 9.9500 0.00 236.31 09/24 200 30271201 BC BC SAND SAND (LST) (LST) 22.3000 22 ' T 9.9500 0.00 221.89 09/24 30271209 BC SAND (LST) .95 00 20.2500 T T 9.9500 9 9500 0.00 228.35 09/24 30271219 BC SAND (LST) 22.8000 T . 9.9500 0.00 0 00 201.49 226 86 09/24 09/24 30271230 3027 BC SAND (LST) 22.1500 T 9.9500 . 0.00 . 220.39 09/24 1242 30271243 BC BC SAND SAND (LST) (LST) 22.0500 23 7 T 9.9500 0.00 219.40 09/24 30271248 BC SAND (LST) . 000 20.8000 T T 9.9500 9 9500 0.00 235.82 09/24 30271255 BC SAND (LST) 24.0500 T . 9.9500 0.00 0 00 206.96 239 30 09/24 09/24 30271257 30271 BC SAND (LST) 22.4000 • T 9.9500 . 0.00 . 222.88 09/24 261 3027 BC SAND (LST) 23.3000 T 9.9500 0.00 231.84, 09/24 1265 30271 BC SAND (LST) 21.5500 T 9.9500 0.00 214.42 09/24 268 30271 BC SAND (LST) 22.9500 T, 9.9500 0.00 228.35 270 BC SAND (LST) 21.8500 T 9.9500 0.00 217 41 FUEL ADJ: 358.2500 T 0.3153 0.00 . 112.95 Product Summary Product Description Quantity UOM 601 BC SAND (LST) 358.2500 T Material Misc, Tax Invoice Amt Receipt Amt Balance Due $3,677.55 $0.00 $0.00 $3,677.55 $0.00 $3,6.77.55 Customer# 002787 MILLER-WARNER CONST CO Invoice# 534472 Invoice Date 10/06/08 Bill To: MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Invoice: 535346 I Project No 07-519 i Date Ticket Invoice Date 10/20/08 Product 10/07 30272289 BC SAND (LST) 10/07 30272291 BC SAND (LST) 10/07 30272292 BC SAND (LST) 10/07 30272298 BC SAND (LST) 10/08 30272359 BC SAND (LST) 10/08 30272373 BC SAND (LST) 10/08 30272389 BC SAND (LST) 10/08 30272406 BC SAND (LST) 10/08 30272416 BC SAND (LST) 10/08 30272425 BC SAND (LST) FUEL ADJ: Job: 07-519 SILVERCREEK SILVER CREEK DEV 002787 Page 1 of 1 Purchase Order I Payment Terms 07519 NET 30 DAYS Quantity U/M Unit Price Tax Total 22.6500- 23.0500 T T 9.9500 0.00 225.37 22.0000 'T 9.9500 9 9500 0.00 229.35 22.5500 T . 9.9500 0.00 0 00 218.90 24.3000 T 9.9500 . 0.00 224.37 241 79 24.3500 T 9.9500 0.00 . 242 28 20.6500 23.7000 T T 9.9500 0.00 . 205.47 24.2500 T 9.9500 0.00 235.82 23.4500 T 9.9500 0.00 241.29 230.9500 T 9.9500 0.00 233.33 0.2853 0.00 65.89 Product Summary Product Description Quantity UOM 601 BC SAND (LST) 230.9500 T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $2,363.86 $0.00 $0.00 $2,363.86 $0.00 $2,363.86 Customer## 002787 MILLER-WARNER CONST CO Invoice## 535346 Invoice Date 10/20/08 i Bill To. MILLER-WARNER CONST C.) IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0')00 Invoice: 534900 Project No T Invoice Date Purchase Order 07-519 10/13/08 07519 Date Ticket Job: 07-519 SILVERCREEK SILVER CREEK DEV Product Quantity U/M Unit Price 10/02 30271808 BC SAND 10/02 30271811 BC SAND 10/02 30271825 BC SAND 10/02 30271826 BC SAND 10/02 30271837 BC SAND 10/02 30271838 BC SAND 10/02 30271850 BC SAND 10/02 30271851 BC SAND 10/02 30271867 BC SAND 10/02 30271868 BC SAND 10/02 30271881 BC SAND 10/02 30271882 BC SAND 10/02 30271897 BC SAND 10/02 30271898 BC SAND 10/02 30271918 BC SAND 10/02 30271919 BC SAND 10/02 30271932 BC SAND 10/02 30271935 BC SAND 10/03 30271968 BC SAND 10/03 30271987 BC SAND 10/03 30272004 BC SAND 10/03 30272021 BC SAND 10/03 30272047 BC SAND 10/03 30272057 BC SAND 10/03 30272066 BC SAND (LST; 20.1000 T (LST) 22.6000 T (LST) 21.4500 T (LST,). 22.5000 'T (LST) 20.0000 T (LST) 22.6500 T (LST; 21.0500 T (LST) 22.9000 T (LST; 21.9500 T (LST) 23.2000 T (LST' 21.050.0 T (LST) 22.6000 T (LST) 20.5500 T (LST) 22.0500 T (L'U': 19.8500 T (LSU'- 21.2500 T (LST). 21.6000 T (LST` 22.4000 T MST) 23.0000 T (LS'I ) 23 . 0000 T (LST) 22.9500 T (LST) 23.7500 T (LSTI 24.3500 T (LST) 23.2000 T (LSTi 23.1500 T - C•-)ntinued on the Next Page - 002787 Page 1 of 2 Payment Terms NET 30 DAYS Tax Total 9.9500 0.00 200.00 9.9500 0.00 224.87 9.9500 0.00 213.43 9.9500 0.00 223.88 9.9500 0.00 199.00 9.9500 0.00 225.37 9.9500 0.00 209.45 9.9500 0.00 227.86 9.9500 0.00 218.40 9.9500 0.00 230.84 9.9500 0.00 209.45 9.9500 0.00 224.87 9:9500 0.00 204.47 9.9500 0.00 219.40 9.9500 0.00 197.51 9.9500 0.00 211.44 9.9500 0.00 214.92 9.9500 0.00 222.88 9.9500 0.00 228.85 9.9500 0.00 228.85 9.9500 0.00 228.35 9.9500 0.00 236.31 9.9500 0.00 242.28 9.9500 0.00 230.84 9.9500 0.00 230.34 Customer# 002787 MILLER-WX,.gNER CONST CO Invoice# 534900 Invoice Date 10/13/08 Bill To. MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Job: 07-519 002787 SILVERCREEK SILVER CREEK DEV Invoice: 534900 Project No Invoice Date 07-519 10/13/08 Date Ticket Product FUEL ADJ: Purchase Order 07519 Quantity U/M Unit Price 553.1500 T 0.3130 Product Summary Product Description Quantity 601 BC SAND (LST) 553.1500 Page 2 of 2 Payment Terms NET 30 DAYS Tax Total 0.00 173.11 UOM T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $5,676.97 $0.00 $0.00 $5,676.97 $0.00 $5,676.97 Customer# 002787 MILLER-WARNER CONST CO Invoice# 534900 Invoice Date 10/13/08 Bill To. MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Invoice: 537457 Project No Invoice Date SILVERCR 11/24/08 Job: 002787 SILVER CREEK Page 1 of 1 Purchase Order Payment Terms NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 11/10 00025399 3500 PSI 1B MIX_ 1.5000 C 97.7000 8 79 155 34 11/10 00025399 PART LOAD CHG 1.5000 C 85.0000 . 7.65 . 135.15 FUEL ADJ: 1.5000 C 0.4179 0.04 0.67 Product Summary Product Description 132 3500 PSI 1B MIX 1200 PART LOAD CHARGE *** Discount if Paid by 12/04/08*** Quantity UOM 1.5000 C 1.5000 C $1.50 Material Misc. Tax Invoice Amt Receipt Amt Balance Due $147.18 $127.50 $16.48 $291.16 $0.00 $291.16 Customer# 002787 MILLER-WARNER CONST CO Invoice# 537457 Invoice Date 11/24/08 EXHIBIT B NOTICE OF INTENTION TO FILE MECHANICS, LIEN CLAIM TO: Silver Creek Development Company Limited Partnership 103 Farmstead Circle Lebanon, PA 17042 You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp Hill, Pennsylvania, 17011, has provided certain materials to Miller-Warner Construction Co., Inc. in connection with the improvement to your property known as the Silver Creek Development: in Hampden Township, Cumberland County, Pennsylvania, which is more particularly described in Exhibit A which is attached hereto. Hempt Bros., Inc., has provided certain materials to Miller-Warner Construction Co., Inc., and has yet to be paid by Miller-Warner Construction Co., Inc. for those materials which were used on your property. The amount still due and payable to Hempt Bros., Inc., is $11,493.33. The materials were last supplied on November 10, 2008. Unless payment of the amount due is made within thirty (30) days after service of this formal notice to you, Hempt Bros., Inc. intends to file a mechanics' lien claim for this amount against your property. The fling of the claim will result in a lien against your property and the proceedings to enforce this f-.zn may result in a judgment against you and the forced sale of your property. Date: 3 Q`6 C A.A Cka j EL L. BANGS, Esquire 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bros., Inc. cc: Hempt Bros., Inc. Miller-Warner Construction Co., Inc. EXHIBIT A THIS DEED, r? Made the 3 day of February, 2005, BETWEEN SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, as Agent, of Lebanon County, Pennsylvania, Party of the First Part, hereinafter designated as the GRANTOR, , AND SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, as Principal of Lebanon County, Pennsylvania, Party of the Second Part, hereinafter designated as the GRANTEE. GIB :•' ? -'t'1 Y;7 p r" 10 p C" :fl rn t"7 -L7 N rn fV i V? ? WITNESSETH, that the Grantor for and in consideration of ONE AND 001100 ($1.00) DOLLARS, lawful money ofthe United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN tract or parcel of land situated in Hampden Township, Cumberland County, Pennsylvania, lying on the northerly side of North Salem Church Road and lying approximately between Mercury Drive and formerly Jaguar Drive, being more particularly described as follows: BEGINNING at a concrete monument on the western right-of-way line of formerly Jaguar Drive; Thence along said right-of-way tine, by a curve to the left having a radius of 625.00 feet, an arc length of 228.19 feet, (a chord bearing North 14 degrees 55 minutes 30 seconds East a distance of 226.93 feet) to a iron pin with cap at the common property comer of Grantor and lands now or formerly of Holy Spirit Corporation (D.B. 234, Pg. 696) said property corner being on the division line between Phase 1 and Phase 2 of Silver Creek Commerce Park (P.B. 77, PG. 124 and P.B. 80, PG.95); thence along said division line the following four (4) courses and distance. 1. North 85 degrees 31 minutes 53 seconds West a distance of 292.14 feet to a iron pin with cap, 2. North 03 degrees 57 minutes 39 seconds East a distance of 173.92 feet to a iron pin with cap, 80filS 267 PACEP3 I South 79 degrees 17 minutes 55 seconds West a distance of 448.80 feet to a iron pin with cap, 4. North 18 degrees 43 minutes 50 seconds West a distance of 358.55 feet to the northern right-of- way line of Mercury Drive; Thence along the northern right-of-way line of Mercury Drive, North 71 degree's 16 minutes 10 seconds East a distance of 82.43 feet; thence along the, same, by a curve to the left having a radius of 2470.00 feet, an arc length of 39.08 feet, (a chord bearing North 70 degrees 49 minutes 00 seconds East a distance of 39.08 feet) to a iron pin at the common property comer with other lands of L.B. Smith, Inc. and being on the eastern line of Lot 41-A of Silver Creek Commerce Park (P.B. 83, PG. 2); thence through the lands of Grantor along what is to be the northern right-of- way line of Mercury Drive the following five (5) courses and distance: 1. South 18 degrees 57 minutes 19 seconds East a distance of 5.00 feet, 2. by a curve to the left having a radius of 2475.00 feet, an are length of 181.14 feet, (a chord bearing North 68 degrees 16 minutes 05 seconds East a distance of 181.10 feet), 3. by a curve to the left having a radius of 400.00 feet, an arc length of 209.35 feet, (a chord bearing North 51 degrees 10 minutes 35 seconds East a distance of 206.97 feet), 4. North 36 degrees 11 minutes 00 seconds East a distance of 100.61 feet, 5. by a curve to the right having a radius of 200.00 feet, an arc length of 152.08 feet, (a chord bearing North 57 degrees 58 minutes 00 seconds East a distance of 148.44 feet); Thence continuing through the lands of Grantor North 10 degrees 15 minutes 00 seconds West a distance of 478.01 feet to the southern bank of the Conodoguinet Creek; thence along the southern bank of the Conodoguinet Creels the following ten (10) courses and distance: 1. North 61 degrees 11 minutes 45 seconds East a distance of 39.91 feet to an iron pin, 2. North 58 degrees 21 minutes 45 seconds East a distance of 200.00 feet, 3. North 55 degrees 21 minutes 45 seconds East a distance of 110.00 feet to an iron pin, 4. North 52 degrees 56 minutes 45 seconds East a distance of 150.00 feet to an iron pin, 5. North 60 degrees 56 minutes 45 seconds East a distance of 75.00 feet, 6. North 64 degrees 01 minutes 45 seconds But a distance of 210.00 feet, 7. North 70 degrees 01 minutes 45 seconds East a distance of 95.00 feet to an iron pin, 8. North 78 degrees 11 minutes 45 seconds East a distance of 150.00 feet, 9. North 82 degrees 41 minutes 45 seconds East a distance of 125.00 feet, 10. North 89 degrees 28 minutes 15 seconds East a distance of 35.65 feet to the division line between Grantor and The Village of Westover (P.B. 32, PG. 57 and P.B. 30, PG. 83); Thence along said division line, South 13 degrees 22 minutes 35 seconds East a distance of 1145.86 to a spike in a tree at the common property corner of Grantor and Hampden Court (P.B. 54, PG. 74 and P.B. 74, PG. 1); thence along said division line between the lands of Grantor and Hampden Court, South 74 degrees 34 minutes 54 seconds West a distance of 817.61 feet 600K 267 PACE23C 7 to an iron pin; thence through the lands of Grantor, South 87 degrees 51 minutes 30 seconds West a distance of 120.23 feet; thence continuing through the lands of Grantor along what is to be the: eastern right-of-way line of Mercury Drive the following five (5) courses and distance: 1. by a curve to the right having a radius of 450.00 feet, an arc length of 158.20 feet, (achord bearing South 07 degrees 55 minutes 45 seconds West a distance of 157.39 feet), 2. South 18 degrees 00 minutes 00 seconds West a distance of 100.00 feet, 3. by a curve to the left having a radius of 500.00 feet, an arc length rrf 118.10 feet, (a chord bearing South 1 I degrees 14 minutes 00 seconds West a distance of 117.83 feet), 4. South 04 degrees 28 minutes 00 seconds West a distance of 100.00 feet, 5. by a curve to the right having a radius of 675.00 feet, an arc 1 agth of 247.49 feet, (a chord bearing South 14 degrees 58 minutes 15 seconds West a distance of 246.11 feet) this segment being the eastern right-of-way line of formerly Jaguar Drive; Thence through formerly Jaguar Drive North 63 degrees 24 minutes 26 seconds West: a distance of 50.01 feet to the point of beginning. CONTAINING: 39.61 Acres. Being Lots 2 and 3 and that portion of Mercury Drive that is intended to be dedicated. to Hampden Township at, a later date as shown on plan entitled, "Final Subdivision Plan and Phase 1 Land Development Plan, Silver Creek at Hampden, Hampden Township, Cumberland County, Pennsylvania" by ALPHA Consulting Engineers, Inc, dated May20, 2004 and last revised December 10, 2004, recorded February 2, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book a10 , Page 5 , BEING PART OF THE SAME PREMISE$hichL.B. Smith, Inc., a Pennsylvania Corporation, by its deed dated June 30, 2004 and recorded July 2, 2064 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Boo: 263, Page 4788, granted and conveyed unto Silver Creek Development Company Limited Partnership, a Pennsylvania Limited. Partnership, as agent, GRANTOR herein. This deed confirms the termination of the agency in accordance with the terms of that certain Agency Agreement dated June 30, 2004. As such, this conveyance is exempt from State and Local transfer tax pursuant to Section 1102-C.3.11 of the Pennsylvania Realty Transfer Tax Act. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in Bou 267 P4U23CS t, law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular tl;,, premises herein described together with the hereditaments and appurtenances unto the Grantee arid to the Grantee's proper use and benefit forever. AND the Grantor covenants that, except as may be heroin set forth, it does and will forever specially warrant and defend the lauds and premises, hereif taments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any past thereof, by, from or under it, them or any of ther. In all refercrices herein to anyparties, persons, entities o < corporations, the use of any particular gender or plural or singular number is intended to inclu=gil the appropriate gender or number as the text of the within instrument may require. , Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the, same effect as if the words "heirs, executors, administrators, personal or legal representatives, sucqessors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor has caused tii;ese presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto the day and year first above written. Silver Creek Development Company Limited Partr°ership, a Pennsylvania Limited Partnership, as agent By: Silver Creeyc pevelopment Company, Inc., a Pennsy! ivania Corporation, its general partner BY: ames A. Halbert' TITLE: esiden COMMONWEALTH OF PENNSYLVANIA, COUNTY OF SS. 11 1 BE IT REMEMBEREDthat on 2005, before me the subscriber personally appeared James A. Halbert, who acknowledged himself to be the President of Silver Creek Development Company, Inc., a Pennsylvania Corporation, the General Partner of Silver Creek Development Company Limited Partnersl,,xp, a Pennsylvania Limited Partnership, as agent, and that he as such officer of the corporate gc ixral partner of the Grantor, being authorized to do so, executed'the foregoing instrument for the -urpose therein contained by signing the name of the Grantor by himself as such officer of the corporate general partner thereto. WITNESS my hand and seal the day and year wciwin m rarr IL, Public t NQftw Sod 1.aeBa V UooNolmy Public are Cww I' bSY C.ow6s N BxPhw Dw 23, 2006 lrlemb-r, Pe nsyborde Amodo On of loft I HEREBY CERTIFY that the precise residence of the Grantee is: Wetnv?I . )0?' 170 YZ Attorney for Grantor'Grantee 6Q01? J'?Ei 1 -Grow, ALTY TKANSI1"S1t'TAX R COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPARTMENT OF REVENUE 14' N K BUREAU OF INDIVIDUAL. TAXES DEPT. 29M3 Dian Ro-corded HARRISBURO, PA 17128AM3 S" Reverse for Instructions complete each section and file in duplicate wob Recorder of Deeds when (1) the full valuelconslderati is is not set forth in 1F,e deed, (2) when the deed is without consideration, or by gft.or 13)a toX exemption is claimed. A Statement of Valus is not r;auirsd if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utilily easement If more space is needed, attach'o"tional sheet(s). A CORRESPONDENT - All inquiries may be directed to the fAowing person: Nome T4!ophone Number: Ai ea Code z Ci -??InI& Zip Ccs e Iree1 Address ?,. 4' n TRANSFER DATA n VAIIIATInm nste. 0U (U 2. Check Appropriate box wow for Exemption Clahned ? Will or intestate succession Enure Foe N„m er ome ? Transfer to Industrial Development Agency. ? Transfer to a bust. (Attach complete copy, of trust agreement identifying all beneficiaries.) E, Transfer between principal and agent. (Attach complete copy of agencylslrow party agrsamenl.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedicatico, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attoch copy of resolution.) ? Transfer from mortgagor to o holder of a mortgage in default. Mortgage Book Number Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) -- red cooker, it is true, Correct Ono ComPI!Te. ShMature Correspondent or m yespeible tarty Date Under penalties of law, 1 declare that I have examined this Sfahrnwri, Including aceompassyitsg information, and to the best of my knowledge °AILURE TO COMPLETE MIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSA TO RECORD THE DEED. C PROPERTY LOCATION (reel Address 6 t-.^ vj? own 1p, _ Cmntr S Diswid lax Parcel Numbor E EXEMPTION DATA FILM--GrrICE OF THE PROR"ONOTARY 2009 MAY -7 PM 4., 02 4?t ?G73 a el Y?s/ MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Claimant ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009-2886 MLD SILVER CREEK DEVELOPMENT ) COMPANY LIMITED PARTNERSHIP ) CIVIL ACTION Owner ) MECHANICS' LIEN CLAIM AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney for the Plaintiff herein. 2. That on May 8, 2009, a true and correct copy of the Mechanics' Lien Claim and Notice of Mechanics' Lien Claim filed in the above-captioned matter was delivered to the United States Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. 7005 1820 0007 1258 9937) return receipt requested, addressed to Silver Creek Development Company, Inc., General Partner for Silver Creek Development Company Limited Partnership, Owner herein. 3. That a return receipt card was received from the U.S. Postal Service signed by Silver Creek Development Company, Inc., showing a date of service of May 11, 2009. Said card is attached hereto as Exhibit A Sworn to and day K"WEM2! OF PENN5YL Seel Wendy K Straub, Notary P?tlo lawerAYen'Mwp., pinberiend 0Mjxy W CortWfton Eow May 10, 2011 6 MICHAEL L. BANGS P6tulSYtV" A9$0d84W of N0189kn r EXHIBIT A ¦ Complete items 1, 2, and.3. Also complete hem 4 M Restricted Delivery is desired. ¦ Pont your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipieo s, or on the front N space permits. 1. Artlcb Addressed to: &OMMUk Ivw C,? CW4"' ?vp . 215k Li ks4w& PoaJ kmksbj?, PA Ni(o A. 9 X D Apart Addre B. Received by (Prfnred NWM) C. Date of Dal D. Is delivery a I I s i a dlllererd from item it raver if YES, enter deltmy addreea below. ? No 3. Servloe lSlps Cerdfisd Mail ? E>eprese Md Registered ? Return Receipt for March xlm ? insurod Meal ? C.O.D. 4. Restricted DsUvery? Xxba Fes) ? Yes 2. AtIde Number Q WOfer fFom service 7005 1820 0007 1258 9937 PS Fam 3811, February 2004 Domestic Return Receipt 10-ors-WIM OF TIFF 2 UAll 1 ass 0 uLD VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the wee President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. BY: MAX J. HEMPT -V ee•President Fd i~ MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. vs. Plaintiff SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-2886 MLD CIVIL ACTION MECHANICS' LIEN CLAIM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE.T LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. Plaintiff vs. SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2009-2886 MLI) CIVIL ACTION MECHANICS' LIEN CLAIM COMPLAINT TO OBTAIN JUDGMENT ANI) TO ENFORCE MECHANICS' LIEN CLAIM AND NOW comes the Plaintiff, HEMPT BROS., INC., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the within Complaint in accordance with the following: 1. Plaintiff, HEMPT BROS., INC. ("Hempt") is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant/Owner, SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP is a Pennsylvania limited partnership with an address listed as 103 Farmstead Circle, Lebanon, Pennsylvania, 17042, both with the Pennsylvania Corporation Bureau and on the recorded deed. The General Partner is Silver Creek Development Company, Inc., with an address of 2151 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. The Complaint relates to materials provided by Hempt on the improvement on the project known as the Silver Creek Development located in Hampden Township, Cumberland County, Pennsylvania ("Property"). 1 4. Hempt provided materials to Miller-Warner Construction Co., :[nc., who has failed or refused to pay for those materials. 5. Hempt last supplied materials on the Property on November 10, 2008. The principal balance due and owing to Hempt is $11,493.32. 6. On April 3, 2009, a Notice of Intention to File Mechanics' Lier- Claim was provided to the Owner and to the General Contractor, Miller-Warner Construction Co., Inc. 7. On May 7, 2009, a Mechanics' Lien Claim was filed and docketed to No. 2009-2886 MLD in the Court of Common Pleas of Cumberland County, Pennsylvania. A true and correct copy of the Mechanics' Lien Claim is attached hereto and marked as Exhibit A. 8. All conditions precedent for bringing this action have occurred. 9. This lien is claimed against the interest of Silver Creek Development Company Limited Partnership in the Property. WHEREFORE, Plaintiff, Hempt Bros., Inc., requests this Honorable Court to enter judgment in its favor and against Defendant, Silver Creek Development Company Limited Partnership, in the amount of $11,493.32. Respectfully submitted, 1 MIC AEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. BY: / MAX J. HEMPT, President EXHIBIT A ~' MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18~' Street Camp Hill, PA 17011 (717) 730-7310 r ( ~ ~ ATTORNEY FOR CLAIMANT HEMPT BROS., INC., Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2009 - a g~ li /K G-~ SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP, Owner CIVIL ACTION MECHANICS' LIEN CLAIM NOTICE OF MECHANICS' LIEN CLAIM TO: Silver Creek Development Company Limited Partnership c/o Silver Creek Development Company, Inc. 2151 Linglestown Road Harrisburg, PA 17110 Please be advised that a Mechanics' Lien. Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, on May 7, 2009, at the above-captioned docket number. A true and correct copy of the Mechanics' Lien Claim is attached. Respectfully submitted, M CHAEL L. BANGS Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: ~ ~ D ~ t MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`t' Street Camp Hill, PA 17011 (717) 730-7310 . ~-~ +~ ; i ATTORNEY FOR CLAIMANT HEMPT BROS., INC., ) IN THE COURT OF' COMMON PLEAS Claimant ) OF CUMBERLANL) COUNTY, PENNSYLVANIA vs. ) NO. 2009 SILVER CREEK DEVELOPMENT ) CIVIL ACTION COMPANY LIMITED PARTNERSHIP, ) MECHANICS' LIEN CLAIM Owner ) n ~ ~ ~. .~ ^rrt J ~4C MECHANICS' LIEN CLAIM ~`? `' ~ ~ :; -.J r-~ t~ 1. Claimant, Hempt Bros., Inc., ("Claimant") is a Pennsylvania corporation ~if~r its -rt, << ~-~ ~=_ rzi principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsani~ • ~' w ~ 2. Claimant provided materials that were used on the improvement of the project known as the Silver Creek Development located in Hampden Township, Cumberland County, Pennsylvania ("Property"). 3. The Owner of the property is Silver Creek Development Company Limited Partnership, which lists an address as 103 Farmstead Circle, Lebanon, Pennsylvania on both the Pennsylvania Corporation Bureau and on the recorded Deed. The general. partner is Silver Creek Development Company, Inc., with an address of 2151 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 4. The materials which are the subject of the claim are more particularly described in Exhibit A attached hereto and were supplied to the Property on November 10, 2008. 5. A Notice of Intention to File Mechanics' Lien was provided to Owner and to the general contractor Miller Warner Construction Company, Inc., on Apri13, 2009. Attached hereto and marked as Exhibit B is a true and correct copy of the Notice. z ' , i ~ ~ 1 ~. 6. The amount claimed to be due and owing is $11,493.33. 7. The materials that were used for the improvement of the Property included sand, concrete and other materials as more fully described in Exhibit A. Respectfully submitted, MICHAEL L. BANGS Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: ~ ~ ~ I . , VERIFICATION PURSUANT TO Pa. R.C.P. 1024(c) I, MICHAEL L. BANGS, Esquire, counsel for Hempt Bros., Inc., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief based upon information and documents provided to me by Hempt Bros., Inc. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE:~~ ICHAEL L. BANGS, Esquire ~ , ,, , EXHIBIT A . i ~ i Bill To: MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Job: 07-519 SILVERCREEK SILVER CREEK DEV ' i t 002787 Invoice: 534472 Page 1 of 1 Project No Invoice Date Purchase Order Payment Terms 07-519 10/06/08 07519 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 09/24 30271190 BC SAND (LST) 21.4000 T 9.9500 0.00 212.93 09/24 30271191 BC SAND (LST) 23.7'500 T 9.9500 0.00 236 31 09/24 30271200 BC SAND (LST) 22.3000 T 9.9500 0.00 . 221.89 09/24 30271201 BC SAND (LST) 22.95'00 T 9.9500 0.00 228 35 09/24 30271209 BC SAND (LST) ~ 20.2500 T 9.9500 0.00 . 201.49 09/24 30271219 BC SAND (LST) 22.8000 T 9.9500 0.00 22.6 86 09/24 30271230 BC SAND (LST) 22.1500 T 9.9500 0.00 . 220 39 09/24 30271242 BC SAND (LST) '22.0500 T 9.9500 0.00 . 219 40 09/24 30271243 BC SAND (LST) 23.'7000 T 9.9500 0.00 . 235 82 09/24 30271248 BC SAND (LST) 20.8000 T ~ 9.9500 0.00 . 206 96 09/24 30271255 BC SAND (LST) 24.0500 T 9.9.500 0.00 . 239 30 09/24 30271257 BC SAND (LST) 22.4000 - T 9.9!500 0.00 . 222 88 09/24 30271261 BC SAND (LST) 23.3000 T 9.9!500 0.00 . 231 84° 09/24 30271265 BC SAND (LST) 21.5500 T 9.9500 0.00 . 214 42 09/24 30271268 BC SAND (LST) 22.9500 T' 9.9!500 0.00 . 228 35 09/24 30271270 BC SAND (LST) 21.8500 T 9.9500 0.00 . 217.41 FUEL ADJ: 358.2500 T ~ 0.3:153 0.00 112.95 Product Summary Product Description Quantii~y UOM 601 BC SAND (LST) 358.2500 T Material Misc, Tax Invoice Amt Receipt Amt Balance Due $3,677. 55 $0.00 $0.00 $3,677. 55 $0.00 $3,6 .77.55 Custo mer# 002787 MILLER-WARNER CONST CO Invoice# 534472 7Cnvoice Date 1 0/06/08 (~ c~P_ a~.~ ~ 31 Co l . 3~ i Bill To: MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Invoice: 535346 Job: 07-519 SILVERCREEK SILVER CR)?EK DEV Page 002787 of 1 Project No Invoice Date Purchase Order Payment Terms 07-519 10/20/08 07519 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 10/07 30272289 BC SAND (LST) 22.6500 T 9.9500 0.00 225.37 10/07 30272291 BC SAND (LST) 23.0500 T 9.9500 0.00 229.35 10/07 30272292 BC SAND (LST) 22.0000 'T 9.9500 0.00 218.90 10/07 30272298 BC SAND (LST) 22.5500 T 9.9500 0.00 224.37 10/08 30272359 BC SAND (LST) 24.3000 T 9.9500 0.00 241.79 10/08 30272373 BC SAND (LST) 24.3500 T 9.9500 0.00 242.28 10/08 30272389 BC SAND (LST) 20.6500 T 9.9500 0.00 205.47 10/OS 30272406 BC SAND (LST) 23.7000 T 9.9500 0.00 235.82 10/08 30272416 BC SAND (LST) 24.2500 T 9.9500 0.00 241.29 '10/08 30272425 BC SAND (LST) 23.4500 T 9.9500 0.00 233.33 FUEL ADJ: 230.9500 T 0.2853 0.00 65.89 Product Summary Product Description 601 BC SAND (LST) Quantity UOM 230.9500 T Material Misc. Tax Invoice Amt Receipt Amt Balance Due $2,363.86 $0.00 $0.00 $2,363.86 $().00 $2,363.86 Customer# 002787 MILLER-WARNER CONST CO Invoice## 535346 Invoice Date 10/20/08 „~ Bill To. MILLER-WARNER CONST CO IN 265 PLANE TREE DRIVE ,~ LANCASTER, PA 17603-0000 Invoice: 534900 . ' ~ ~ ~ ' Job: 07-519 SILVERCREEK SILVER CREEK DEV 002787 Page 1 of 2 Project No I Invoice Date I Purchase Order I Payment Terms 07-519 10/13/08 07519 NET 30 DAYS Date Ticket Product Quantity U/M Unit Price Tax Total 10/02 30271808 BC SAND (LST) 20.1000 ~ T 9.9500 0.00 200.00 10/02 30271811 BC SAND (LST) 22.6000 T 9.9500 0.00 224.87 10/02 30271825 BC SAND (LST) 21.4500 T 9.9500 0.00 213.43 10/02 30271826 BC SAND (LST) 22.5000 T 9.9500 0.00 223.88 10/02 30271837 BC SAND (LST) ~ 20.0000 T 9.9500 0.00 199.00 10/02 30271838 BC SAND (LST)' 22.6500 T 9.9500 0.00 225.37 10/02 30271850 BC SAND (LST) 21.0500 T 9.9500 0.00 209.45 10/02 30271851 BC SAND (LST) 22.9000 T 9.9500 0.00 227.86 10/02 30271867 BC SAND (LST) 21.9500 T 9.9500 0.00 218.40 10/02 30271868 BC SAND (LST) 23.2000 T 9.9500 0.00 230.84 10/02 30271881 BC SAND (LST) 21.050.0 T 9.9500 0.00 209.45 10/02 30271882 BC SAND (LST) 22.6000 T 9.9500 0.00 224.87 10/02 30271897 BC SAND (LST) 20.5500 T 9:9500 0.00 204.47 10/02 30271898 BC SAND (LST} 22.0500 T 9.9500 0.00 219.40 10/02 30271918 BC SAND (LST) 19.8500 T 9.9500 0.00 197.51 10/02 30271919 BC SAND (LST) 21.2500 T 9.9500 0.00 211.44 10/02 30271932 BC SAND (LST) 21.6000 T 9.9500 0.00 214.92 10/02 30271935 BC SAND (LST) 22.4000 T 9.51500 0.00 222.88 10/03 30271968 BC SAND (LST) 23.0000 T 9.51500 0.00 228.85 10/03 30271987 BC SAND (LST) 23.0000 T 9.51500 0.00 228.85 10/03 30272004 BC SAND (LST) 22.9500 T 9.51500 0.00 228.35 10/03 30272021 BC SAND (LST) 23.7500 T 9.9500 0.00 236.31 10/03 30272047 BC SAND (LST) 24.3500 T 9.9500 0.00 242.28 10/03 30272057 BC SAND (LST) 23.2000 T 9.51500 0.00 230.84 10/03 30272066 BC SAND (LST) 23.1500 T 9.51500 0.00 230.34 - Continued on the Next Page - Customer# 002787 MILLER-WARNER CONST CO Invoice# 534900 Invoice Date 10/13/08 ~ ~ +~ ~ ~ Bill To. MILLER-WARNER CONST CO :~"N 265 PLANE TREE DRIVE LANCASTER, PA 17603-000.; 'Invoice: 534900 Purchase Order 07519 Project No Invoice Date 07-519 10/13/08 Date Ticket Product FUEL ADJ: Quantity U/M Unit Price 553.1500 T 0.3130 Product Summary 002787 Page 2 of 2 Tax Total 0.00 173.11 Product Descrip~~ion 601 BC SAND (LST) ~ ~ ' 1 Job: 07-5:L9 SILVERCREEK SILVER CREEK DEV Quantity UOM 553.150() T Material Misc. Tax Invoice Amt Receipt: Amt Balance Due $5,676.97 $0.00 $0.00 $5,676.97 $0.00 $5,676.97 Customer# 002787 MILLER-WARNER CONST CO Invoice# 534900 Invoice Date 10/13/08 Payment Terms NET 30 DAYS ~, ~, Bill To: Job: 002787 MILLER-WARNER CONST CO IN SILVER CREEK 265 PLANE TREE DRIVE LANCASTER, PA 17603-0000 Invoice: 537457 Page 1 of 1 Project No Invoice Date Purchase Order Payment Terms SILVERCR 11/24/08 NET 30 DAYS Date Ticket Product ,. Quantity U/M Unit Price Tax Total 11/10 00025399 3500 PSI 1B MIX.. 1.5000 C 97.7000 8.79 155.34 11/10 00025399 PART LOAD CHG 1.5000 C 85.0000 7.65 135.15 FUEL ADJ: 1.5000 C 0.4179 0.04 0.67 Product Summary Product Description Quantity UOM 132 3500 PSI 1B MIX 1.50i~0 C 1200 PART LOAD CHARGE, 1.5000 C *** Discount if Paid by 12/04/08*** $1.50 Material Misc. Tax Invoice Amt Receipt Amt Balance Due $147.18 $127.50 $16.48- $291.16 $0.00 $291.16 Customer# 002787 MILLER-WARNER CONST CO Invoice## 537457 Invoice Date 11/24/08 ~~., ~t A EXHIBIT B NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM TO: Silver Creek Development Company Limited Partnership 103 Farmstead Circle Lebanon, PA 17042 You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp Hill, Pennsylvania, 17011, has provided certain materials to Miller-Warner Construction Co., Inc. in connection with the improvement to your property known as the Silver Creek Development in Hampden Township, Cumberland County, Pennsylvania, which is more particularly described in Exhibit A which is attached hereto. Hempt Bros., Inc., has provided certain materials to Miller-`~.~Varner Construction Co., Inc., and has yet to be paid by Miller-Warner Construction Co., Inc. for those materials which were used on your property. The amount still due and payable to Hzmpt :Bros., Inc., is $11,493.33. The materials were last supplied on November 10, 2008. Unless payment of the amount due is made within thirty (30) days after service of this formal notice to you, Hempt Bros., Inc. intends to file a mechanics' lien claim for this amount against your property. The filing of the claim will result in a lien against your property and the proceedings to enforce this lien may result in a judgment against you and the forced sale of your property. Date: 3 Q~ c~~~ - ~C ,~.. CHAEL L. BANGS, Esquire 429 South 18~' Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bros., Inc. cc: Hempt Bros., Inc. Miller-Warner Construction Co., Inc. } 2 ~ ~ ~ ~, EXHIBIT A ~.. , 1 ~SI~ THIS DEED, r ~1 Made the 3 day of Febraary, 2005, BETWEEN SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSIIP, a Pennsylvania Limited Partnership, as Agent, of Lebanon County, Pennsylvania, Party of the First Part, hereinafter designated as the GRANTOR, ' AND SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, as Principal of Lebanon County, Pennsylvania, Party of the Second Part, hereinafter designated as the GRANTEE. cry -+~ r~ i rn rn ~ ~s..i ., _ i c? ~, ~~ 0 ~ - WITNESSETH, that the Grantor for and in consideration of ONE AND 00/100 (S1.00) DOLLARS, lawful money ofthe United States of America, to the Grantor in hand well and trulypaid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN tract or parcel of land situated in Hampden Township, Cumberland County, Pennsylvania, lying on the northerly side of North Salem Church Road and lying approximately between Mercury Drive and formerly Jaguar Drive, being more particularly described as follows: BEGINNING at a concrete monument on the western right-af--way line of formerly Jaguaz Drive; Thence along saidright-of--way line, by a curve to the left having a radius of 625.00 feet, an arc length of 228.19 feet, (a chord bearing North 14 degrees 55 minutes 30 seconds East a distance of 226.93 feet) to a iron pin with cap at the common property corner of Grantor and lands now or formerly of Holy Spirit Corporation (D.B. 234, Pg. 696) said property comer being on the division line between Phase 1 and Phase 2 of Silver Creek Commerce Park (P.B. 77, PG. 124 and P.B. 80, PG.95); thence along said division line the following four (4) courses and distance: 1. North 85 degrees 31 minutes 53 seconds West a distance of 292.14 feet to a iron pin with cap, 2. North 03 degrees 57 minutes 39 seconds East a distance of 173.92 feet to a iron pin with cap, 0 a :a -v is ~:~ r -, ~~ BQGK ~~?~ PACE~3~ ,.. • ~" . . j 3. South 79 degrees 17 minutes 55 seconds West a distance of 448.80 feet to a iron pin with cap, 4. North 18 degrees 43 minutes 50 seconds West a distance of 358.55 feet to the northern right-of- wayline of Mercury Drive; Thence along the northern right-of--way line of Mercury Drive, North 71 degrees 16 minutes 10 seconds East a distance of 82.43 feet; thence along the. same, by a curve to the left having a radius of 2470.00 feet, an azc length of 39.08 feet, (a chord bearing North 70 degrees 49 minutes 00 seconds East a distance of 39.08 feet) to a iron pin at the common property corner with other lands of L.B. Smith, Inc. and being on the eastern line of Lot 41-A of Silver Creek Commerce Pazk (P.B. 83, PG. 2); thence thmugh the lands of Grantor along what is to bethe northemright-of- way line of Mercury Drive the following five (5) courses and distance: 1. South 18 degrees 57 minutes 19 seconds East a distance of 5.00 feet, 2. by a curve to the left having a radius of 2475.00 feet, an arc length of 181.14 feet, (a chord bearing North 68 degrees 16 minutes OS seconds East a distance of 181.10 feet), 3. by a curve to the left having a radius of 400.00 feet, an arc length of 209.35 feet, (a chord bearing North 51 degrees 10 minutes 35 seconds East a distance of 206.97 feet), 4. North 36 degrees 11 minutes 00 seconds East a distance of 100.61 feet, 5. by a curve to the right having a radius of 200.00 feet, an arc length of 152.08 feet, (a chord bearing North 57 degrees 58 minutes 00 seconds East a distance of 148.44 feet); Thence continuing thmugh the lands of Grantor Nor~~h 10 degrees 15 minutes 00 seconds West a distance of 478.01 feet to the southern bank of the Conodoguinet Creek; thence along the southern bank of the Conodvguinet Creek the following ten{10) courses and distance: 1. North 61 degrees 11 minutes 45 seconds East a distance of 39.91 feet to an iron pin, 2. North 58 degrees 21 minutes 45 seconds East a distance of 200.00 feet„ 3. North 55 degrees 21 minutes 45 seconds East a distance of 110.00 feet to an iron pin, 4. North 52 degrees 56 minutes 45 seconds East a distance of 150.00 feet to an iron pin, 5. North 60 degrees 56 minutes 45 seconds East a distance of 75.00 feet, 6. North 64 degrees 01 minutes 45 seconds East a distance of 210.00 feet, 7. North 70 degrees O1 minutes 45 seconds East a distance of 95.00 feet to an iron pin, 8. North 78 degrees 11 minutes 45 seconds East a distance of 150.00 feet, 9. North 82 degrees 41 minutes 45 seconds East a distance of 125.00 feet, 10. North 89 degrees 28 minutes 15 seconds East a distance of 35..65 feet to the division line between Grantor and The Village of Westover (P.B. 32, PG. 57 and P.B. 30, PG. 83); Thence along said division line, South 13 degrees 22 minutes 35 seconds East a distance of 1145.86 to a spike in a tree at the common property comer of Grantor and Hampden Court (P.B. 54, PG. 74 and P.B. 74, PG. 1); thence along said division line between the lands of Grantor and Hampden Court, South 74 degrees 34 minutes 54 seconds West a distance of 817.61 feet 8001( ~~'~ PA~f ~~~ ~ ~. , . . • ~ " ~ ~ r to an iron pin; thence through the lands of Grantor, South 87 degrees 51 minutes 30 seconds West a distance of 120.23 feet; thence continuing through the lands of Grantor along what is to be the' eastern right-of--way line of Mercury Drive the following five (5) courses and distance: 1. by a curve to the right having a radius of 450.00 feet, an arc length of 158.20 feet, (a chord bearing South 07 degrees 55 minutes 45 seconds West a distance of 157.39 feet), 2. South 18 degrees 00 minutes 00 seconds West a distance of 100.00 feet, 3. by a curve to the left having a radius of 500.00 feet, an arc length c~f 115.10 feet, (a chord bearin€ South 11 degrees 14 minutes 00 seconds West a distance of 117.83 feet), 4. South 04 degrees 28 minutes 00 seconds West a distance of 100.00 feet, 5. by a curve to the right having a radius of 675.00 feet, an arc 1~ agth of 247.49 feet, (a chord. bearing South 14 degrees 58 minutes 15 seconds West a distance of 246.11 feet) this segment. being the eastern right-of--way line of formerly Jaguar Drive; Thence through formerly Jaguar Drive North 63 degrees 24 minutes 26 seconds West: a distance of 50.01 feet to the point of beginning. CONTAINING: 39.61 Acres. Being Lots 2 and 3 and that portion of Mercury Drive that is intended to be dedicated to Hampden Township at a later date as shown on plan entitled, "Final Subdivision Plan and Phase 1 Land Development Plan, Silver Creek at Hampden, Hampden 'fc-wnship, Cumberland County, Pennsylvania" by ALPHA Consulting Engineers, Inc, dated May 20, 2~J04 and last revised December 10, 2004, recorded February 2, 2005 in the Office of the Recorder of Beeds in and for Cumberland County, Pennsylvania in Plan Book ~ 0 ,Page 5 Z~ . BEING PART OF THE SAME PREMISEbtihichL.B. Smith, Inc., aPennsylvania Corporation, by its deed dated June 30, 2004 and recorded July 2, 200+4 in the Office of the Recorder. of Deeds in and for Cumberland County, Pennsylvania in Deed Boo126:3, Page 4788; granted and conveyed unto Silver Creek Development Company Limited Partnership, a Pennsylvania Limited. Partnership, as agent, GRANTOR herein. This deed confirms the termination of the agency in accordance with the terms o f that certain Agency Agreement dated June 30, 2004. As such, this conveyance is exempt from State: and Local transfer tax pursuant to Section 1102-C.3.11 of the PennsylvaniaRealty Transfer Tax Act. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same; belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereoiy and of every part and parcel thereof; .AND ALSO ail the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both iii 8001( C6'~ PA~E~~~< •~ .~ ~ - `° ' ' . law and in equity, of, in and to the premises herein described and even part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular tl~::;, premises herein described together with the hereditaments and appurtenances unto the Grantee ar,3 to the Grantee's proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, it does and will forever specially warrant and defend the lauds and premises, beret [taments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully ciaisming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to anyparties, persons, entities o:` corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designai~ed ar referred t~ byname or general reference, such designation is intended to and shall have thc_ same effect as if the words "heirs, executors, administrators, personal or legal representatives, suc~ ressars and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor has caused tl~~ese presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto the day and year first above written. ^~T: W~~~SS Silver Creek Development Company Limited Part~~~rship, a Pennsylvania Limited Panne: ship, as agent By: Silver CreE~t pevelopment Company, Inc., a Pennsywania Corpdration, its general partner BY: c='- ames A. Halbert TITLE: resident $~OK ~~'~ ~E~~~ 1~. ''"' ,~ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~;+~SS. BE IT REIVIEMBERED#hat on ~ - 3 _ _ _, 2005, before me the subscriber personally appeared James A. Halbert, who ackr~~wledged himself to be the President of Silver Creek Development Company, Inc., a Pennsylva.~.ia Corporation, the General Partner of Silver Creek Development Company Limited Partnersl,~ip, a Pennsylvania Limited Partnership, as agent, and that he as such officer of the corporate ge:;rEral partner of the Grantor, being authorized to do so, executed the foregoing instrument for the ~; urpose therein contained by signing the name of the Grantor by himself as such officer of the corporate general partner thereto. WITNESS my hand and seal the day and year Noairid sed I.atettt 4 Lioodiir~. lVo1~YCatu~Wyic MyHC ion~IacpiiesD~phDecm . T3, X006 +. ~ n~oaseon a r~oar~ Public I HEREBY CERTIFY that the precise residence of t-re Grantee is: _l4~ ~r.~s~~,~~1' C,~--~t ~~<< n ~..t . ~ ~ f 70 Y ~ Attorney for Grantor;'Grantee . ~ . ~ s~. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDVAI TAXES REALTY TRA~SIFER TAX STATfAAENT OF VALUE . ~- l.r, .~ "l ' Irrp• rvumoar yN~ DEPT. 280609 ~ ~.........,....., HARRI58UR0, PA 1712&0609 ~ See Reverse for Instructions l ~_ ~.~~.(;S~ ~ Complete each section and file in duplicate with Recorder of Dssds when (1) the full value/considerati;in 4s not set forth in tF~e deed, (2) when the deed is without consideration, or by giN, or (3}'a taX exemption is claimed. A Statement of Value is not rc,~uired if the transfer is wholly exempt from fax based on: (1) family rolationship or (2) public utility easstnent, if more space is needed, attach adv'tional sheet(s). _ A CORRESPONDENT -All inquiries may be duetted to the ~~Ilowing person: _ Tp~aphone Nu/m~ber: ~s ^ ` Name / ~ ' ~--~-{~ ~. C ~ S ` _ I ~ l ~ ~ .1~ l • J--t~~ Cvt~-_r~tw_Q\ ~~ Aieo Code-~___~- Street A ress 'G~r 'role Zip Ccde B TRANSFER DATA e• a«.Ptae<. u D«r:m~nt 1 antor slllessorlsi ,\v„Lr. L L .~rru,~~ ranteeisl lessees ~~\ V,c f.,, ~ ~ t~ _~~~-Go ,'Y`Q-Y~. ~ ` i-a:h~~~ '~s^~. Q 1 ~ ~ -rte. `~ l MXe~ !7, ~~~GJ '~` treat A ..r^^ess V ~ ~~lr f~~ _ \ ~ tr treat A ress _l ~, , ~ ~ ~' T~.- ~ ~ 1 f L~- Cry Slob ip Coe ity Stat• Zip Code C PROPERTY LOCATION _ Slraet A rest d 3 r,..^ ~. t.+„~'y r^ ~ ~/L„ •Towns ip,.. s. `~ t~~' C.ru~~F-- o t ems. t~t~ ~''~'~•~ _ County 5 0o District J~ax~Pjarcel Num er D VALUATION DAtA . C~ C~ l c~ 2. Check Appropriate Box Below Ter Exemption Claimed ^ Will or intestate succession - INom• 0•cedanQ IErtaro FR• Numberi ^ Transfer to Industrial Developmen- Agenry. ^ Transfer to a Irvst. (Attach complete copy, of trust agreement identifying dll benefidaries:) ~, Transfer between principal and agent (Attach complete copy of agenrylstraw party ogr.~ement.) ^ TronsFers to the Commonwealth, the United States and lnstrumsntalities by giN, dedicaticra, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnotion, attach copy of resolution.) ^ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Bvok Number , Poge Number _ ^ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ^ Statutory corporate consoltdotion, merger or division. (Attach copy of articles.) ^ CMher (Please explain exemption claimed, if other than listed above.) -- - ne oettet, tt is true, cornier area comprsre. _ ftgnetun o Cernspen n! or R.(up~onsi 1e Party T~• Under penalties of Taw, I declare that I have examined thlst Sfafement, Inducting aeeompanyi~g tnformatibn, and to the best of my (knowledge ~41lURE TO COMPLETE ^HIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER' S REFUSA 70 RECORD THE DEED. E EXEMPTION DATA _ lo. Amount of xemption Claimed 1 - Pereanloge o Interest onvsys • ' (~ ~~ ~ +~ ~(I F~I,~ '~~ ~ ~ i : i , L I i . , , - i _,- y ~ ~~ . i n~n~ + ~) ~ '.j Y1, ~ t Ca.. ~'.._ i 7 ''i ~~ ~~i ~ ~ ~