HomeMy WebLinkAbout09-5709IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HUNTER CONCRETE, LLC, MECHANICS' LIEN CLAIM
CLAIMANT
V. NO. 09-S76/ MO
BUMBLE BEE HOLLOW LIMITED and
BUMBLE BEE HOLLOW GENERAL, LLC,
General Partner of Bumble Bee Hollow Ltd.,
OWNER
MECHANICS' LIEN CLAIM
1. Claimant/Subcontractor, Hunter Concrete, LLC, is a Pennsylvania limited liability
corporation having an address for service of process at P.O. Box 1088, Mechanicsburg,
Pennsylvania 17055 and files this mechanics' lien claim as a subcontractor.
2. The owners of the property subject to the mechanics' lien are Bumble Bee
Hollow Limited and Bumble Bee Hollow General, LLC, General Partner, both of which have an
address of 225 N. Presidential Boulevard, Bala Cynwyd, Pennsylvania 19004.
3. The date on which Claimant/Subcontractor completed the work pursuant to the
contracts referenced in paragraphs four (4) and five (5) and for which claim is made was June 23,
2009.
4. Claimant/Subcontractor contracted with Hampton Construction, Limited located
at 3607 Hartzdale Drive, Camp Hill, Pennsylvania 17011 on July 1, 2008. Formal notice of
Claimant/Subcontractor's intention to file this mechanics' lien claim was mailed by certified
mail to owners Bumble Bee Hollow Limited and Bumble Bee Hollow General, LLC, General
Partner at their registered place of business located at 225 N. Presidential Boulevard, Bala
Cynwyd, Pennsylvania 19004 on July 1, 2009 and was received, signed for, and accepted by
owners' agent on July 6, 2009. A true and correct copy of the Notice of Intent to File
Mechanics' Lien Claim and return receipt cards documenting service of the formal notice of
intention to file this mechanics' lien claim is attached hereto as Exhibit "A".
5. Additionally, Claimant/Subcontractor contracted with Richmar Builders, Inc.
located at 616OG Springford Drive, Harrisburg, PA 17111 on May 28, 2008. Formal notice of
Claimant/Subcontractor's intention to file this mechanics' lien claim was provided and served in
the same manner and at the same time as the formal notice described in the preceding paragraph.
See Exhibit "A".
6. Claimant/Subcontractor makes claim for all labor and materials furnished by
Claimant/Subcontractor on the contract with Hampton Construction, LLC and interest accrued
thereon for concrete sidewalk installation for the development of the subdivision known as
Bumble Bee Hollow, a luxury residential, townhome and condominium community located in
Mechanicsburg, Cumberland County, Pennsylvania with the following prices relative to said
labor and materials:
(a) Labor and equipment for concrete sidewalk installation: $33,063.18
(b) Materials (stone and concrete) furnished for concrete sidewalk installation:
$21,138.76.
(c) Interest on unpaid sum: $4,617.02
7. In addition, Claimant/Subcontractor makes claim for all labor and materials
furnished by Claimant/Subcontractor on the contract with Richmar Builders, Inc. for concrete
services in the nature of installation of building slabs and footers for the development of the
subdivision known as Bumble Bee Hollow, a luxury residential, townhome and condominium
community located in Mechanicsburg, Pennsylvania with the following prices relative to said
labor and materials:
(a) Labor and equipment for installation of concrete slabs and footers: $10,713.49
(b) Materials (stone and concrete) furnished for installation of concrete slabs and
footers: $14,201.61
(c) Interest on unpaid sum: $584.89
8. The amount claimed to be due is $84,318.97 plus ongoing interest.
9. The improvements and property claimed to be subject to the lien is the
subdivision and real property known as Bumble Bee Hollow, a luxury residential, townhome and
condominium community located in Mechanicsburg, Pennsylvania, a perimeter description of
which is designated and described on the Final Subdivision Plan for Bumble Bee Hollow,
prepared by Herbert, Rowland & Grubic, Inc. dated June 1, 2007, revised October 4, 2007, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Instrument No. 200806592.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Date: August 17, 2009 By:
JARAD W. HANDELMAN, ESQUIRE
I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Claimant, Hunter Concrete, LLC
VERIFICATION
The undersigned, Rodney I Coy, hereby verifies that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, information and belief and further states
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unworn falsification to authorities.
Date: 7 /D9 CQ - -
Rodney I C y
Authorized Representative of Hunter Concrete, LLC
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HUNTER CONCRETE, LLC, MECHANICS' LIEN CLAIM
CLAIMANT
V.
BUMBLEBEE HOLLOW LIMITED and
BUMBLE BEE HOLLOW GENERAL, LLC,
General Partner of Bumble Bee Hollow Ltd.,
OWNER
NOTICE OF INTENT TO FILE MECHANICS' LIEN CLAIM
To: Bumble Bee Hollow Limited
225 N. Presidential Boulevard
Bala Cynwyd, PA 19004
Bumble Bee Hollow General, LLC, General Partner
225 N. Presidential Boulevard
Bala Cynwyd, PA 19004
Please be advised that Claimant/Subcontractor, Hunter Concrete, LLC, P.O. Box 1088,
Mechanicsburg, Pennsylvania 17055, contracted with Hampton Construction, Limited, 3607
Hartzdale Drive, Camp Hill, Pennsylvania 17011 on July 1, 2008, as revised on March 27, 2009,
to provide concrete sidewalk installation for the development of the subdivision known as
Bumble Bee Hollow, a luxury residential, townhome and condominium community located in
Mechanicsburg, Pennsylvania, a perimeter description of which is designated and described on
the Final Subdivision Plan for Bumble Bee Hollow, prepared by Herbert, Rowland & Grubic,
Inc. dated June 1, 2007, revised October 4, 2007, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Instrument No. 200806592. Hunter
Concrete, LLC completed the work for which claim is made and last delivered material to the
site pursuant to the aforesaid contract with Hampton Construction, LLC on June 23, 2009. The
amount claimed to be due to Hunter Concrete, LLC on the aforesaid contract and for the work
performed pursuant thereto is $61,923.70 as of June 23, 2009 due and owing, plus interest into
the future as the amount claimed remains unpaid and owing to Hunter Concrete, LLC for the
concrete sidewalk installation services and it intends to file a mechanics' lien upon the premises
described for this amount.
In addition to the foregoing, please be advised that Claimant/Subcontractor, Hunter
Concrete, LLC, P.O. Box 1088, Mechanicsburg, Pennsylvania 17055, contracted with Richmar
Builders, Inc., 6160G Springford Drive, Harrisburg, PA 17111 on May 28, 2008 to provide
concrete services in the nature of installation of building slabs and footers for the development of
the subdivision known as Bumble Bee Hollow, a luxury residential, townhome and
condominium community located in Mechanicsburg, Pennsylvania, a perimeter description of
which is designated and described on the Final Subdivision Plan for Bumble Bee Hollow,
prepared by Herbert, Rowland & Grubic, Inc. dated June 1, 2007, revised October 4, 2007, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Instrument No. 200806592. Hunter Concrete, LLC completed the work for which claim is made
and last delivered material to the site pursuant to the aforesaid contract with Richmar Builders,
Inc. on June 23, 2009. The amount claimed to be due to Hunter Concrete, LLC on the aforesaid
contract and for the work performed pursuant thereto is $25,589.24 as of June 23, 2009 due and
owing, plus interest into the future as the amount claimed remains unpaid to Hunter Concrete,
LLC for the installation of building slabs and footers and it intends to file a mechanics' lien upon
the premises described for this amount.
Hunter Concrete, LLC hereby provides notice to Owner, Bumble Bee Hollow Limited
and Bumble Bee Hollow General, LLC, General Partner, that it intends to file a mechanics' lien
against the real property described above in the total sum of $87,512.94 presently owing, plus
interest into the future as the amount owing remains unpaid.
DATE: July 1, 2009
Rodney J. Coy, iee?4?IR?lit t?.
Hunter Concrete, LLC
cc: Hampton Construction, Limited, 3067 Hartzdale Drive, Camp Hill, PA 17011
Richmar Builders, Inc., 6160G Springford Drive, Harrisburg, PA 17111
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HUNTER CONCRETE, LLC,
MECHANICS' LIEN CLAIM
CLAIMANT
V.
NO. 09-5709
BUMBLE BEE HOLLOW LIMITED and
BUMBLE BEE HOLLOW GENERAL, LLC,
General Partner of Bumble Bee Hollow Ltd.,
OWNER
PRAECIPE TO WITHDRAW MECHANICS' LIEN CLAIM
TO THE PROTHONOTARY:
Please withdraw the Mechanics' Lien Claim without prejudice filed in the above-
captioned matter on August 18, 2009.
Respectfully submitted,
JAMES, SMITH, DIE ERICK & CONNELLY, LLP
Date: August 21, 2009 By: _
JARAD W. HANDELMAN, ESQUIRE
I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorney for Claimant
f F TNT P-C")THO OTARY
2009 AUG 21 P 3: 36
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Edward L Schorpp
Solicitor
Hunter Concrete LLC Case Number
vs. 2009-5709MLD
Bumble Bee Hollow Limited
SHERIFF'S RETURN OF SERVICE
08/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Bumble Bee Hollow Limited, but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within
Mechanics Lien Claim according to law.
08/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Bumble Bee Hollow General, LLC General Partner of
Bumble Bee Hollow, LTD, but was unable to locate them in his bailiwick. He therefore deputized the
Sheriff of Montgomery County, PA to serve the within Mechanics Lien Claim according to law.
09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on September 3, 2009 at
0950 hours this Mechanics Lien Claim upon defendant Bumble Bee Hollow General, LLC; General Partner
of Bumble Bee Hollow, LTD is returned not served per request from attorney Jarad W. Handelman
Esquire with James Smith Dietterick & Connelly LLP.
09/14/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on September 3, 2009 at
0950 hours this Mechanics Lien Claim upon defendant Bumble Bee Hollow Limited is returned not served
per request from attorney Jarad W. Handelman Esquire with James Smith Dietterick & Connelly JTLP.
SHERIFF COST: $53.00
September 14, 2009