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Home My WebLink About10-2318 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., Claimant vs. WILLOW CREEK, LLC, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 d318 OWR ) CIVIL ACTION MECHANICS LIEN CLAIM MECHANICS' LIEN CLAIM N 0 N. 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 Hawks Landing located on Lambs Gap Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania ("Property") 3. The Owner of the property is Willow Creek, LLC, a Pennsylvania limited liability company, with an address of 914 Stively Road, Strasburg, Lancaster County, Pennsylvania, 17579 and an alternate address of 227 Granite Run Drive, Suite 100, Lancaster, Lancaster County, Pennsylvania, 17601. 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 October 9, 2009. 5. A Notice of Intention to File Mechanics' Lien was provided to Owner on March 1, 2010. 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 $11,803.24. t 419.00 P o AT q 00 q178 e .14004 I 7. The materials that were used for the improvement of the Property included concrete and concrete products and other materials as more fully described in Exhibit A. Respectfully submitted, L f MICHAEL L. BANGS Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: IN 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 4 f ' INVOICE • CRUSHED STONE • SAND • GRAVEL H E M P T BROS., INC. TRANSIT •CONCRETE ED 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 • A? ra FHAIC iray, N" ?TrhATELEPHONE: (717) 737-3411 FAX: (717) 761-5019 . IIRAINaGF • NG • E\cA?aT Ii X11 E'MFF ANnDh;I1,1L'?VAl 1 % PER MCNTH DELINQUENCY CHARGE AFTER 30 DAYS COr-r.M4-i( nC N ill To: UNRISE CONCRETE CO., INC. PO BOX 435 kUSHLAND, PA 18956 Invoice: 550796 Job: HAWKS LANDING 004075 Page 1 of 2 Project No Invoice Date Purchase Order Payment Terms HAWKSLAN 09/28/09 Net 30 Days Date Ticket Product Quantity U/M Unit Price Tax Total 09/15 00035156 3000 PSI BC BLE 9.0000 C 80.9500 43.71 772.26 09/15 00035156 DEMURRAGE 1.0000 E 106.2500 6.38 112.63 09/15 P0035157 3000 PSI BC BLE 9.0000 C 80.9500 43.71 772.26 09/15 X0035157 DEMURRAGE 1.0000 E 125.0000 7.50 132.50 09/16 0035158 3000 PSI BC BLE 5.0000 C 80.9500 24.29 429.04 09/16 0035158 PART LOAD CHG 5.0000 C 13.6000 4.08 72.08 09/18 0035226 3000 PSI BC BLE 1.0000 C 80.9500 4.86 85.81 09/18 0035275 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 0035275 DEMURRAGE 1.0000 E 2.5000 0.15 2.65 09/18 0035276 3000 PSI BLEND 9.0000 C 80.9500 43.71 772.26 09/18 0035276 DEMURRAGE 1.0000 E 25.0000 1.50 26.50 09/18 0035277 3000 PSI BLEND 9.0000 C 90.9500 43.71 772.26 09/18 0035277 DEMURRAGE 1.0000 E 25.0000 1.50 26.50 09/18 0035278 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 0035278 DEMURRAGE 1.0000 E 46.2500 2.78 49.03 09/18 0035279 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 P0035279 DEMURRAGE 1.0000 E 50.0000 3.00 53.00 09/18 $0035280 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 0035280 DEMURRAGE 1.0000 E 80.0000 4.80 84.80 09/18 0035281 3000 PSI BLEND 3.5000 C 80.9500 17.00 300.33 09/18 0035281 DEMURRAGE 1.0000 E 112.5000 6.75 119.25 Product S ummary - Conti nued on the Next Page - Custl,omer# 004075 SUNRISE CONC RETE CO., I nvoice# 550796 Invoi ce Dat e 09/28/09 PLANT LOCATIONS 205 Creek Rd. .... .. - Camp Hill, PA 737-3411 1001 South Front St . .. ...... . . . ... Steelt on, PA 939-9586 55 Locust Poirt Rd . .. .. .. . . .... .. Mechanicsburg, PA . ...... %95-9000 Sand °u Gravel Plant ............ .. .. Toland, PA ... . .. .. .. . 486-5111 i INVOICE HEMPT BROS., INC. 113 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX: (717) 761-5019 1 % PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS Bill To: SUNRISE CONCRETE CO., INC. BO BOX 435 RUSHLAND, PA 18956 Invoice: 550796 Project No Invoice Date HAWKS.AN 09/28/09 Purchase Order Job. HAWKS LANDING -CRUSHED STONE • SAND - GRAVEL -TRANSIT MIXED CONCRETE • ASPHALT PA'' 'I 1\1 C M ATERIAI • DRAINAGE • PAYING • EXCAVATION • STRFFT AND DRIFEINAY -ONSTRUCTON 004075 Page 2 of 2 Payment Terms Net 30 Days Date Ticket Product Quantity U/M Unit Price Product Description Quantity 128B 3000 PSI BC BLEND W/AIR 24.0000 999 DEMURRAGE 9.0000 1200 PART LOAD CHARGE 5.0000 128 3000 PSI BLEND MIX W/AIR 61.5000 *** Discount if Paid by 10/08/09*** $85.50 Tax Total UOM C E C C Material Misc. Tax Invoice Amt Receipt Amt Balance Due $6,921.23 $640.50 $453.71 $8,015.44 $0.00 $8,015.44 Customer# 004075 SUNRISE CONCRETE CO., Invoice# 550796 Invoice Date 09/28/09 PLANT LOCATIONS 205 Creek Rd ........ ...... Camp Hill, PA ... .... '3- 3411 1001 South Front St . ...... . . .... Steelton, PA -139-9586 55 Locust Pomt Rd . .... .... . . ..... Mechanicsburg, PA 795-90017 Sand & Gravel Plant : ....... ............. Toland, PA 186 5111 INVOICE HEMPT BROS., INC. 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX: (717) 761-5019 1 % PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS Bill To: SUNRISE CONCRETE CO., INC. BO BOX 435 kUSHLAND, PA 18956 Invoice: 551215 Project No Invoice Date HAWKSI,I.,AN 10/05/09 Job: 004075 HAWKS LANDING Page 1 of 1 Purchase Order Payment Terms Net 30 Days • CRUSHED STONE • SAND • GRAVEL .TRANSIT MIXED CONCRETE • 4SPHAI_7 PAA'ING MATFRIAI_ • DRAINAGE • RAVING • EXCAV'ATIIIN • STREET AND DR' FWAY CONSTR'J-II(?^J Date Ticket Product 09/21 ID0035327 09/21 00035327 09/21 P0035327 09/25 00035561 09/25 P0035564 09/25 00035566 3000 PART DEMU 3500 3500 3500 PSI BLEND LOAD CHG 2RAGE PSI BLEND PSI BLEND PSI BLEND Quantity U/M Unit Price Tax Total 5.5000 C 80.9500 26.72 471.95 5.5000 C 10.8000 3.56 62.96 1.0000 E 37.5000 2.25 39.75 9.0000 C 81.2500 43.88 775.13 9.0000 C 81.2500 43.88 775.13 10.0000 C 81.2500 48.75 861.25 Product Summary Product Description Quantity UOM 128 3000 PSI BLEND MIX W/AIR 5.5000 C 1200 PART LOAD CHARGE 5.5000 C 999 DEMURRAGE 1.0000 E 131 3500 PSI BLEND W/AIR 28.0000 C *** Discount if Paid by 10/15/09*** $33.50 Material misc. Tax Invoice Amt Receipt Amt Balance Due $2,720.23 $96.90 $169.04 $2,986.17 $0.00 $2,986.17 Customer# 004075 SUNRISE CONCRETE CO., Invoice# 551215 Invoice Date 10/05/09 PLANT LOCATIONS 205 Creek Rd. Camp Hill, A 737-3411 1001 South Front St. Steelton, PA .9C9-9586 55 LoCCSt Point Rd. . .. _ .... .. Mechanicsburg, PA 795-9000 Sand & Gravel Plant ............... . ... Toland, PA ....... ... 486-5111 INVOICE HEMPT BROS., INC. 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX: (717) 761-5019 11% PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS Bill To: UNRISE CONCRETE CO., INC. 0 BOX 435 kUSHLAND, PA 18956 I Invoice: 551971 CRUSHED STONE • SAND • GRAVEL -TRANSIT MIXED CONCRETE -ASPHALT PAYING MATEFIAI • DRAINAGE • I'AA ING - EXC:AVAI"10111 - S'FEFTAND DRfVFWAY' COW FRUCT ior' 004075 Page 1 of 1 Projec No Invoice Date HAWKS 10/19/09 Date (Ticket Product 10/09 00036009 3500 PSI BLEND 10/09 0036009 DEMURRAGE Purchase Order Quantity U/M 9.0000 C 1.0000 E Product Summary Job: HAWKS LANDING Payment Terms Net 30 Days Unit Price Tax Total Product Description 131 3500 PSI BLEND W/AIR 999 DEMURRAGE *** Discount if Paid by 10/29/09*** 81.2500 43.88 '775.13 25.0000 1.50 26.50 Quantity UOM 9.0000 C 1.0000 E $9.00 III II Material Misc. Tax Invoice Amt Receipt Amt Balance Due $731.25 $25.00 $45.38 $801.63 $0.00 $801.63 Customer# 004075 SUNRISE CONC RETE CO., Invoice# 551971 Invoice Date 10/19/09 PLANT LOCATIONS 205 Creek Rd Camp Hill, PA 737-341 1001 South Front St. .. ...... ... Steelton. PA .... 939-9586 55 Locust Pcint Rd. . - ...... ... Mechanicsburg, PA . . - . 795-9000 Sand & Gravel Plant: ..... ....... ..... Toland, PA 486-511' EXHIBIT B 5 NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM TO: WILLOW CREEK, LLC Attn: Jeffrey R. Rutt 914 Stively Road Strasburg, PA 17579 You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp Hill, Pennsylvania., 17011, has supplied certain materials in connection with the improvement to your property known as Hawks Landing located on Lambs Gap Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, and more particularly described in Exhibit A which is attached hereto. Hempt Bros., Inc., provided certain materials to Sunrise Concrete Company, Inc. which consisted primarily of concrete and concrete products and has yet been paid by Sunrise Concrete Company, Inc. for those materials which were used on your property. The amount still due and payable to Hempt Bros., Inc., is $11,803.24. The materials were last supplied to Sunrise Concrete Company, Inc., on October 9, 2009. Unless payment of the outstanding balance 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 due 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: b 1 MICHAEL L. BA GS, Esquire 429 South 181" Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bros., Inc. cc: Hempt Bros., Inc. Sunrise Concrete Company, Inc. EXHIBIT A 311 5 001L91 THIS DEED MADE the 5 day of l.. 'Wf,)iFf in the year of our Lord Two Thousand Nine (2009) BETWEEN Insite Development, LLC, a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor, AND Willow Creek, LLC, a Pennsylvania Limited Liability Company, Grantee. WITNESSETH, that Grantor, for and in consideration of the sum of ONE HUNDRED AND THIRTY-FIVE THOUSAND AND NO/100 ($135,000.00) - - - - - - - - - - DOLLAR, lawful money of the United States of America, well and truly paid by Grantee to Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto Grantee, its successors and assigns, the following described property to-wit: ALL THAT CERTAIN lot of land situated along the northerly side of Peregrine Way, a 50 foot wide street, and the westerly side of Lambs Gap Road (SR 101 1) in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, as the same appears as Lot 45 on a Revised Preliminary/Final Plan Subdivision and Land Development Plan for Hawks Landing (Sheet No. 8 of 25) having a latest plan revision date of October 27, 2005, prepared for lnsite Development LLC by NAVTech Incorporated, New Bloomfield, PA, Project No. 05133 and said plan being recorded in the Recorder of Deeds Office for Cumberland County, PA in Subdivision Plan Book 93, Page 107, and all the same being more fully bounded and described as follows: BEGINNING at the southwesterly corner of the herein-described lot, a point on the northerly right-of-way line of Peregrine Way and said point being the southeasterly corner of Lot 44; thence from the point of beginning, along said Lot 44, North 28 degrees 07 minutes 59 seconds West a distance of 196.76 feet to a point in line of lands now or late of Richard and Carol Deramon; thence along said lands of Deramon, North 73 degrees 29 minutes 22 seconds East a distance of 158.25 to a point on the westerly right-of-way line of Lambs Gap Road (SR 1011); thence along the said right-of-way line of Lambs Gap Road the following three courses and distances: (1) South 15 degrees 39 minutes 45 seconds East a distance of 83.81 feet to a point; thence (2) North 75 degrees 11 minutes 53 seconds East a distance of 10.00 feet to a point; thence (3) South 14 degrees 48 minutes 07 seconds East a distance of 72.67 feet to a point, said point being at the northerly right-of-way line of Peregrine Way; thence along the northerly right-of-way line of Peregrine Way the following three courses and distances: (1) along the arc of a 35.00- foot radius curve to the right, an arc distance of 54.98 feet to a point and the said curve subtended by a bearing of South 30 degrees 1 i minutes 53 seconds West and a chord distance of 49.50 feet (the bearing and chord distance are not shown on the recorded plan); thence (2) South 75 degrees l 1 minutes 53 seconds West a distance of 48.72 feet to a point; thence (3) along the are of a 175.00-foot radius curve to /065260.00002 Sl.l 9$10820/065260.00002 the left, an arc distance of 40.72 feet to the point of beginning and the said curve subtended by a bearing of South 68 degrees 31 minutes 59 seconds West and a chord distance of 40.63 feet. CONTAINING: 26,866 square feet TOGETHER with and/or SUBJECT to the easements and/or restrictions as shown on the final plan and also any other matters of record to the extent the same are in full force and effect. ALSO BEING identified as Lot 45 on the above-referenced Revised Preliminary/Final Subdivision & Land Development Plan For Hawks Landing, recorded in Plan Book 93, page 107. BEING PART OF THE SAME PRENUSES which Iris L. Rouse, by her deed dated July 31, 2002 and recorded in Deed Book 252, page 4746, granted and conveyed unto Insite Development, LLC, Grantor herein; ALSO BEING PART of the same premises which Kethea I. Dengler, by deed dated October 8, 2001 and recorded in Deed Book 248, page 355, granted and conveyed unto Insite Development, LLC, Grantor herein; and ALSO BEING PART of the same premises which Alpha Trust by Barbara J. Herd, Trustee and Jack D. Herd, Trustee by deed dated September 4, 2003 and recorded in Deed Book 259, page 582, granted and conveyed unto Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor herein. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights- of-way of record, including but not limited to the Declaration of Hawks Landing a Planned Community recorded on March 14, 2008 in Instrument No. 200807839. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remaindcrs, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of Grantor of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular t"Ic appurtenances, unto Grantee, their heirs and assigns, to and for the only proper use and behoof of Clumtee, its successors and assigns forever. AND the Grantor, its successors and assigns, does by these presents, covenant, grant and agree to and with Grantee, its successors and assigns, that Grantor, its successors and assigns, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto Grantee, its successors and assigns, against Grantor, :s successor and assigns and against all and every other person or persons, whomsoever, lawfully claimin7 or to claim the same or any part thereof, shall and will, by these presents, WARRANT SPECIALLY AND FOREVER DEFEND. 51 .1 951082V I/065260.00002 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN HE PRESENCE OF INSITE DEVELOPMENT, LLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF L On this, the ?J day of (,C ?7J?'? _ , 2009, before me, a Notary Public, the undersigned officer, personally appeared DONALD H. ERWIN, who acknowledged himself to be the Member of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, the foregoing limited liability company, and that he as such Member, being authorized to do so, executed the foregoing document in the name and on behalf of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto y nd and official seal- AL) NOTARY PUBLIC 4-- COMMONWEALTH OF PENNSYLVANIA / / :ss. COUNTY OF L C1'/ afls ' On this day ofOmy-'5 , 2009, before me, a Notary Public, the undersigned officer, personally appeared DONALD H. ERWIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto y and and official seal. (SEAL) NOTARY PUBLIC S1.1 951082v i/065260.00002 ona . Erwin, er COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF L??L On this? day of 0L-j-0"0'011 , 2009, before me, a Notary Public, the undersigned officer, personally appeared PATRICIA A. PROVENZANO known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set and and official :;eal. NOTARY PUBLIC 41?tSEAL) I HEREBY CERTIFY, that the precise residence of the Grantee is: 27 G UAh r5 4vAv D2 , ?v1 T-9 (OD ?41ucA?r A r76o 1 1 Attorney or Agent for Gran'. --e SLI 951082vl /065260.00007. REV-1e3 Ex 16.061 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 290603 HARRISBURG, PA 17128.0603 REALTY TRANSFER TAX STATEMENT OF VALUE Sue Reverse for Instructions RECORDER'S USE rONLY State rx Paid Book Number Pap. um r +-1 oN .4c KJc cl Complet each section and file- in duplicate with Recorder of Deods when (1) the full value/consideration is not set forth in the deed, (2) when the deed is witho 1 consideration, or by gift, or (3) c, tax exemption is claimed. A Statement of Volvo is not requi4d if the transfer is wholly exempt from tax based o : 1 famll relatlonshi o pui?lic unlit r.asomeni if more space is needed, attach additional shoot(s), A CORRESPOi,IDENY ? A[I.inert uiries ma be directed 'to the following person; Name Telephone Number: Pen Transfer, LLC Area Code ( 717 ) 735-3800 Sheet Address - City State Zip Code 227 Granite Run Dr.; Ste. 100, Suite 100 Lancaster PA 17601 R TRANSFER i;.ATA oat. a Acceptant* o Document October 2, 2009 Grantor )!lessor(s) Grontre(s) Lessee s Insite Gevlopment, LLC Willow Creek, LLC Street A ress $treel Address 6200 Peregrine Way G Stoic Zip Ca a city tat* Zip e Cod h Mechanicsburg PA 17050 C PROPERTY I,Z3CATC N _ Street A?Idtess --- City, Township, Borough 620 Peregrine Way __ _? _ Tax .?a?ej-Numbs County 1 Schoo: didrict Cu berland , 10-14-0844-084 p i VALUATIC; DATi, 1. Actual Wsh s,onslaerono? 135,000.00 + J ? t 4iW - = - - - ZC7 -00 A. oo ty Assess* Va ve XCamt.,on Levu Ratio Factor b?Fcir AQnr d a -7_?j000 ` _ CO _ _ 1.26 (7. E EXEMPTI(33_DWf - Ia. A unt o Exemption CIoX _ 16. Parcentafls olnlerost Conveye - I 0 - --- ---..?__._ 100% 2. Chick Appropriate B. x ;cloy for E.celsiption CLnlmed E] - Will or intestate sac- fission -._ -.-.- INO1,,, of D.cedbM) ffaate Fille aibe, Transfer to Industrio Dovoloptnon Agency. Transfer to a trust, (;Mach complute copy o. bust agraemenl id entiyng all beneficiaries.) Transfer between pr ncipal and a Joni. (Attach complale copy of agencylstraw party agreerrannt.) Transfers to the Cin ,itonweallh, the Uni!ad States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or 'n lieu of condemnation, attach copy of resolution.) Transfer from mor!(j :gar to a holder of a nr)r!;plge in default. Mortgage Book Number Page Number Corrective or conf:tr_ulory deed. IAiloch complute copy of the prior deed being corrected or confirmed.) Statutory eorporolj -onsolidatiun, m-gar w Jr,ision. (Attach copy of articles.) Other (Please oxr, ::.,+ examption canned, it ail r thun listed above.) -.- Undo penalties of low, I' -iw'o that t' c atrdnad this Statement, including accompanying irformationr and to the bed of my krlowteepe .7: oetd ollef, It u true, co(. a i an' m11i. Date n a e Cemspondant c ' aspen Octobers 2009 Penn Transfer, LLC, E:y _ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 strument Number - 200934689 ;corded On 10/9/2009 At 10:53:42 AM strument Type - DEED voice Number - 53895 User ID - MSW rantor - INSITE DEVELOPMENT LLC rantee - WILLOW CREEK LLC nstnmer - PENN TRANSFER * TATE TRANSFER TAX TATE WRIT TAX TATE JCS/ACCESS TO ING FEES - ER OF DEEDS CERTIFICATION iAFFORDABLE HOUSING (COUNTY ARCHIVES FEE TROD ARCHIVES FEE CUMBERLAND VALLEY (SCHOOL DISTRICT HAMPDEN TOWNSHIP (TOTAL PAID * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA o ? RECORDER O D EDS iyeoo - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ?!IVINIImMII?N? $7,239.20 $0.50 $10.00 $12.50 $10.00 $11.50 $2.00 $3.00 $3,619.60 $3,619.60 $14,52.7.90 ' n NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM TO: WILLOW CREEK, LLC Attn: Jeffrey R. Rutt 227 Granite Run Drive, Suite 100 Lancaster, PA 17601 You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp Hill, Pennsylvania, 17011, has supplied certain materials in connection with the improvement to your property known as Hawks Landing located on Lambs Gap Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, and more particularly described in Exhibit A which is attached hereto. Hempt Bros., Inc., provided certain materials to Sunrise Concrete Company, Inc. which consisted primarily of concrete and concrete products and has yet been paid by Sunrise Concrete Company, Inc. for those materials which were used on your property. The amount still due and payable to Hempt Bros., Inc., is $11,803.24. The materials were last supplied to Sunrise Concrete Company, Inc., on October 9, 2009. Unless payment of the outstanding balance 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 due 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: d cc: Hempt Bros., Inc. Sunrise Concrete Company, Inc. MICHAEL L. BANGS, Esquire 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bros., Inc. EXHIBIT A kA - GAS Avk 3 Ll i t 5 001 L91 THIS DEED MADE the S day of 0_-1'08.-(Z_ in the year of our Lord Two Thousand Nine (2009) BETWEEN Insite Development, LLC, a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor, AND Willow Creek, LLC, a Pennsylvania Limited Liability Company, Grantee. WITNESSETH, that Grantor, for and in consideration of the sum of ONE HUNDRED AND THIRTY-FIVE THOUSAND AND N01100 ($135,000.00) - - - - - - - - - - DOLLAR, lawful money of the United States of America, well and truly paid by Grantee to Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto Grantee, its successors and assigns, the following described property to-wit: ALL THAT CERTAIN lot of land situated along the northerly side of Peregrine Way, a 50 foot wide street, and the westerly side of Lambs Gap Road (SR 101 1) in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, as the same appears as Lot 45 on a Revised Preliminary/Final Plan Subdivision and Land Development Plan for Hawks Landing (Sheet No. 8 of 25) having a latest plan revision date of October 27, 2005, prepared for Insite Development LLC by NAVTech Incorporated, New Bloomfield, PA, Project No. 05133 and said plan being recorded in the Recorder of Deeds Office for Cumberland County, PA in Subdivision Plan Book 93, Page 107, and all the same being more fully bounded and described as follows: BEGINNING at the southwesterly corner of the herein-described lot, a point on the northerly right-of-way line of Peregrine Way and said point being the southeasterly corner of Lot 44; thence from the point of beginning, along said Lot 44, North 28 degrees 07 minutes 59 seconds West a distance of 196.76 feet to a point in line of lands now or late of Richard and Carol Deramon; thence along said lands of Deramon, North 73 degrees 29 minutes 22 seconds East a distance of 158.25 to a point on the westerly right-of-way line of Lambs Gap Road (SR 1011); thence along the said right-of-way line of Lambs Gap Road the following three courses and distances: (1) South 15 degrees 39 minutes 45 seconds East a distance of 83.81 feet to a point; thence (2) North 75 degrees 11 minutes 53 seconds East a distance of 10.00 feet to a point; thence (3) South 14 degrees 48 minutes 07 seconds East a distance of 72.67 feet to a point, said point being at the northerly right-of-way fine of Peregrine Way; thence along the northerly right-of-way line of Peregrine Way the following three courses and distances: (1) along the arc of a 35.00- foot radius curve to the right, an arc distance of 54.98 feet to a point and the said curve subtended by a bearing of South 30 degrees 1 I minutes 53 seconds West and a chord distance of 49.50 feet (the bearing and chord distance are not shown on the recorded plan); thence (2) South 75 degrees l 1 minutes 53 seconds West a distance of 48.72 feet to a point; thence (3) along the are of a 175.00-foot radius curve to s1,1 051082v i /065260.00002 . 1 the left, an arc distance of 40.72 feet to the point of beginning and the said curve subtended by a bearing of South 68 degrees 31 minutes 59 seconds West and a chord distance of 40.63 feet. CONTAINING: 26,866 square feet TOGETHER with and/or SUBJECT to the easements and/or restrictions as shown on the final plan and also any other matters of record to the extent the same are in full force and effect. ALSO BEING identified as Lot 45 on the above-referenced Revised Preliminary/Final Subdivision & Land Development Plan For Hawks Landing, recorded in Plan Rook 93, page 107. BEING PART OF THE SAME PREMISES which Iris L. Rouse, by her deed dated July 31, 2002 and recorded in Deed Book 252, page 4746, granted and conveyed unto Incite Development, LLC, Grantor herein; ALSO BEING PART of the same premises which Kethea 1. Dvngler, by deed dated October 8, 2001 and recorded in Deed Book 248, page 355, granted and conveyed unto Insite Development, LLC, Grantor herein; and ALSO BEING PART of the same premises which Alpha Trust by Barbara J. Herd, Trustee and Jack D. Herd, Trustee by deed dated September 4, 2003 and recorded in Deed Book 259, page 582, granted and conveyed unto Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor herein. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights- of-way of record, including but not limited to the Declaration of Hawks Landing a Planned Community recorded on March 14, 2008 in Instrument No. 200807839. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, rem: finder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of Grantor of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular ;he appurtenances, unto Grantee, their heirs and assigns, to and for the only proper use and behoof of Grantee, its successors and assigns forever. AND the Grantor, its successors and assigns, does by these presents., covenant, grant and agree to and with Grantee, its successors and assigns, that Grantor, its successors and assigns, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto Grantee, its successors and assigns, against Grantor, its successor and assigns and against all and every other person or persons, whomsoever, lawfully claimir..or to claim the same or any part thereof, shall and will, by these presents, WARRANT SPECIALLY ATTi FOREVER DEFEND. S1.1 95 I0R2v 1 /065260.00002 n I ' I I IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written, SIGNED, SEALED AND DELIVERED IN HE PRESENCE OF COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF L l' "C/t 57Z-I -- On this, the ?J day of f .( 3v?1? , 2009, before me, a Notary Public, the undersigned officer, personally appeared DONALD H. ERWIN, who acknowledged himself to be the Member of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, the foregoing limited liability company, and that he as such Member, being authorized to do so, executed the foregoing document in the name and on behalf of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto y nd and official seal. AL) NOTARY PUBLIC t7E COMMONWEALT14 OF PENNSYLVANIA :ss. COUNTY OF On this day ofaapy e , 2009, before me, a Notary Public, the undersigned officer, personally appeared DONALD H. ERWIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have here71n, d and official seal. (SEAL) NOTARY PUBLIC S1.1 !,951082v 1 /065260.00002 INSITE DEVELOPMENT, LLC COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF LlQ r?L On this ? day of 2004, before me, a Notary Public, the undersigned officer, personally appeared PATRICIA A. PROVENZANO known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set and and official seal. NOTARY PUBLIC _ (SEAL) I HEREBY CERTIFY, that the precise residence of the Grantee is: 07 G&PNtrc D/2 , f'u I re (t0 Attorney or Agent for Grantee SL 1051082vl /065260.00002 I ... Rr V.183 EX 16.461 ?OM#AONWEALTH OF PENNSYLVANIA DEPARTMENT Of REVENUE lunAU of INDIVIDUAL TAXES DEPT. 280603 HARRISSURO,?A 17128.0605 REALTY TRANSFER TAX STATEMENT OF VALUE Soo Reverse for Instructions RECORDER'S USE 0I41Y State ax Paid Paso* um -?c ;C)r'134Lu? `I Complet each section and file in duplicate with Recorder of Deods when (1) the full valuelconsideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based o : 1 family relot!!i hi or 2 pudic unlit easomeni if more space is needed, attach additional sheet(s). A CORRESPOWDENY All inquiries may lie directed 'to the following person: Telooonc Number: Nome Pen Transfer, LLC Area Code ( 717 ) 735-3800 - - ---• City Slate Zip Cod• Skeet A refs 17601 227 Granite Run Dr., Ste. 100, Suite 100 Lancaster PA -- B TRANSFER i;A,TA Date o Acceptance o Document October 2, 2009 ---------- -- - Grantor )lleswr s Grantu s) lessee s Insite Gevlopment, LLC Willow Creek, LLC tr••t i0dr•ss Street A nss 6200 Peregrine Way city Zip Code State lip Co a icy fate Mechanicsbur PA 17050 C PROPERTY LOCAVC.-N ---- ---- City, owns lp, 8oroug treat dress Way _ 6200 Peregrine Coenty Tax Parce Number 5c-h c-Distrlcl .. Cumberland 10-14-0844-084 p VALUATI C': DAU, 1. A C ::T2, Otonsierorion 3. iota Consi .ration -- `_- ^ os 135,000.00 + ZO 00 6. foie Ma o Vo I. ou ty ssso s• Vo vs . C?mt.:un l6vv olio Factor -715t000 - 03 -- - - x 1.26 9?t? SDD U0 E EXEMPT101 I4ft _ e. Ai aunt o Exemption Cloitc.d 3 .-Percentiege o?lnierust Comaye 0 100% 2. CFheck Appropriate B.x 431ovv for EsCetslplion Claimed L11 Wit( or intestalo sex ;ssion __ -__ - (Nem. of Decedent) Edate u r) Transfer to Induslrio vovelopnwnl Agency. [t] Transfer to a lrusi. (";inch complete copy o. I, u:' agraement identifying all beneficiaries.) Transfer between pr ncipal and agenl. (Attach complete copy of agencylstraw party agreement.) Transfers to the C-)n ,uenweulth, the tJnitod States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (if condemnation or 'n lieu of comfemnoilon, attach copy of resolution.) Transfer from morfg =30r to a holJer of a nn)rb;;+ige in defoull. Mortgage Book Number - , Page Number t rJ Corrective or conf.tr..ulory deed. ;Attach complete copy of the prior deed being corrected or confirmed.) L 1 Statutory corporo,e -onsoiidotion, m-gar w Ji,ision. (Attach copy of articles.) Other (Please ux,p .n axatnption Joilned, if oi! than listed obcve.) - faro that i' .in?d this Statement, including accompanying In-at;msotlon, and to the best of my knowledge and or pcookies of law, 1 c atr and belief, It is true, cOr, ra on rnpla - Date rslig o pendrnt c t pore CctoberS 2009 nn Transfer, LLC, Cly -- ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 instrument Number - 200934689 Recorded On 10/9/2009 At 10:53:42 AM * Instrument Type - DEED Invoice Number - 53895 User ID - MSW * Grantor - INSTTE DEVELOPMENT LLC *IGrantee - WILLOW CREEK LLC Customer - PENN TRANSFER *FEES ,STATE TRANSFER TAX $7,239.20 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 (JUSTICE iRECORDING FEES - $12.50 RECORDER OF DEEDS iPARCEL CERTIFICATION $1.0.00 FEES AFFORDABLE HOUSING $11.50 (COUNTY ARCHIVES FEE $2.00 TROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $3,619.60 SCHOOL DISTRICT 619.50 HAMPDEN TOWNSHIP $3,619.60 TOTAL PAID $14,527.90 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland. County PA o tr* RECORDER O D EDS tyso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IN11111111111111111111 MICHAEL L. BANGS, ESQUIRE; I.D. 441263 429 SOUTH 18TIl STREET CAMP HILL, PA 17011 (717) 730-7310 HF,MPT BROS., INC. Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLOW CREEK, LLC, Defendant NO. 2010-2318 CIVIL CIVIL ACTION MECHANICS LIEN CLAIM NOTICE n cn 1> u•? v? 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 b,: 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 GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 c; :1 Cj co r" MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH l 8T11 STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC. Plaintiff vs. WILLOW CREEK, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2318 CIVIL CIVIL ACTION MECHANICS LIEN CLAIM COMPLAINT TO OBTAIN JUDGMENT AND 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, WILLOW CREEK, LLC, is a Pennsylvania limited liability company with an address listed as 227 Granite Run Drive, Suite 100, Lancaster, Pennsylvania, 17601 and an alternate address of 914 Stively Road, Strasburg, Pennsylvania, 17579. 3. The Complaint relates to materials provided by Hempt on the improvement on the project known as Hawks Landing located on Lambs Gap Road, Hampden Township, Cumberland County, Pennsylvania ("Property"). 1 4. Hempt provided materials to Sunrise Concrete Company, Inc., who has failed or refused to pay for those materials. 5. Hempt last supplied materials on the Property on October 9, 2009. The principal balance due and owing to Hempt is $11,803.24. 6. On March 1, 2010, a Notice of Intention to File Mechanics' Lien Claim was provided to the Owner and to the General Contractor, Sunrise Concrete Company, Inc. 7. On April 7, 2010, a Mechanics' Lien Claim was filed and docketed to No. 2010-2318 Civil 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 Willow Creek, LLC, in the Property. WHEREFORE, Plaintiff Hempt Bros., Inc., requests this Honorable Court to enter judgment in its favor and against Defendant, Willow Creek, LLC, in the amount of $11,803.24. Respectfully submitted, jy MICHAEL L. BANGS. Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 1) 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 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41253 429 South 18"' Street Camp Hill. PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Claimant ) OF CUMBERi,AND COUNTY, PENNSYLVANIA vs. ) NO. 2010 - 613(8 CIVIL WILLOW CREEK, LLC, ) Owner ) CIVIL ACTION MECHANICS LIEN CLAIM MECHANICS' LIEN CLAIM 1. Claimant. Hempt 3ros., Inc., ("Claimant") is a Pennsylv-lnia corporatioi., with its principal place of business at 205 Creek Road, Camp Hill, Cumber'and County, Pcnnsylvania. 2. Claimant provided materials that were used on the imprevcment of the project known as Hawks Landing located on Lambs Gap Road, Mechanicsburg, E.mlpden Towns'up, Cumberland County, Pennsylvania ("Property"). 3. The Owner of the property is Willow Creek, LLC, a Pen: sylvania limited liability company, with an address of 914 Stively Road, Strasburg, Lancastc County, Pennsylvania, 17579 and an alternate address of 227 Granite Run Drive, Suite 10(., iancaster, Lancaster County, Pennsylvania, 17601. 4. The materials whi,?h are the subject of the claim are more particularly described in Exhibit A attached hereto and were supplied to the Property on Oct(; bcr 9, 2009. 5. A Notice of Intention to File Mechanics' Lien was provided to Owner o? March 1 r 2010. Attached hereto and marked as Exhibit B is a true and correc copy of the Notic?.'- 6. The arnount claimed to be clue and owing is $11,803.24. ' ns 7. The materials that were used for the improvement of the Property included concrete and concrete products and other materials as more fully described in Exhibit A. Respectfully submitted, CHAEL L. BANGS Attorney for Claimant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID 44 i 2b3 Date: _ -- - - p ----- 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?J?t -1, - MAX J. HEMPT President ? A EXHIBIT I N VO • cRUSRvI) sr.7NE HE • SANI_i • GI;Ay'EL 205 CREEK ROAD * P.O. BOX 278 • CAMP HILL, PA 1700` 0?_78 TELEPHONE: (717) 737-3411 FAX: (717) 761-5018 ., PER NICN]-H DELINQUENCY CHARGF ,:JTE.F 30 Bill To: SUNRISE CONCRETE CO., INC. PO BOX 435 RUSHLAND, PA 18956 Invoice: 550796 Project No Invoice Date HAWKSLAN 09/28/09 Job: HAWKS LANDING Purchase Order 004075 Page 1 of 2 Payment Terms Net 30 Days Date Ticket Product Quantity U/M Unit Price Tax Total 09/15 D0035156 3000 PSI BC BLE 9.0000 C 80.9500 43.71 772.26 09/15 D0035156 DEMURRAGE 1.0000 E 106.2500 6.38 112.63 09/15 D0035157 3000 PSI BC BLE 9.0000 C 80.9500 43.71 772.26 09/15 D0035157 DEMURRAGE 1.0000 E 125.0000 7.50 132.50 09/16 D0035158 3000 PSI BC BLE 5.0000 C 30.9500 24.29 429.04 09/16 D0035158 PART LOAD CHG 5.0000 C 13.6000 4.08 72.08 09/18 D0035226 3000 PSI BC BLE 1.0000 C 80.9500 4.86 85.81 09/18 D0035275 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 D0035275 DEMURRAGE 1.0000 E 2.5000 0.15 2.65 09/18 D0035276 3000 PSI BLEND 9.0000 C 80.9500 113.71 `772.26 09/18 D0035276 DEMURRAGE 1.0000 E 25.0000 1.50 26.50 09/18 D0035277 3003 PSI BLEND 9.0000 C 80.9500 43.71 '772.26 09/18 D0035277 DEMURRAGE 1.0000 E 25.0000 1..50 26.50 09/18 D0035278 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 D0035278 DEMURRAGE 1.0000 E 46.2500 2.78 49.03 09/18 D0035279 3000 PSI BLEND 10.0000 C 90.9500 48.57 858.07 09/18 D0035279 DEMURRAGE 1.0000 E 50.0000 .3.00 53.00 09/18 D0035280 3000 PSI BLEND 10.0000 C 80.9500 48.57 858.07 09/18 D0035280 DEMURRAGE 1.0000 E 80.0000 4.80 84.80 09/18 D0035281 3000 PSI BLEND 3.5000 C 80.9500 17.00 300.33 09/18 D0035281 DEMURRAGE 1.0000 E 112.5000 6.75 119.25 Product Summary Continued on the Next Page - Customer# 004075 SUNRISE CONCRETE CO., Invoice# 550796 Invoice Date 09/28/09 PLANT LOCATIONS 'W C"eet R 1 Came f lilt, PA ;,41' 1001 Guth ! rant ?t ate Jlo+'., f A l q?,yl 5 Lot Pc i Rd. M-CI aot, ebUiq -I C, ,_ _„„_I r1--.r T 1-1 FA I 1 F. HEMPT BROS., INC. 205 CREEK ROAD * P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 PAX: (717) 761-5013 1 % PER MOW H DELINO.UENC'r' CHARGE AFTEH 30 ['/ ) Bill To: SUNRISE CONCRETE CO., INC. PO BOX 435 RUSHLAND, PA 18956 Invoice: 550796 Project No Invoice Date HAWKSLAN 09/.28/09 Purchase Order Job: HAWKS LANDING , •CRUSHFDSTONE • SAND • GRAVEL .TRANSIT MIXED CONCRETE • 4tiP H, .aI f'A`•. eta i'. 004075 Page 2 of 2 Payment Terms Net 30 Days Date Ticket Product Quantity U/M Unit Price Product Description Quantity 128B 3000 PSI BC BLEND W/AIR 24.0000 999 DEMURRAGE 9.0000 1200 PART LOAD CHARGE 5.0000 128 3000 PSI BLEND MIX W/AIR 61.5000 *** Discount if Paid by 10/08/ 09*** $85.50 Tax Total UOM C E C C Material Misc. Tax Invoice Amt Receipt Amt Balance Due $6,921.23 $640.50 $453.71 $8,015.44 $0.00 $8,015.44 Customer# 004075 SUNRISE CONCRETE CO., Invoice# 550796 Invoice Date 09/28/09 PLANT LOCATIONS 705 C „mil RJ . . . .... ......... Camp df1, PA 1001 ,Huth i-;nnt St Step ton. PA !iJ I r? is P,?!it Rd Nlrihnnicsburb, n,? '? > flirt ___„ 9°h-6111 ;,n? ? ,?a?r;?l Plnnt fol?nd, PA . . INVOICE HEMP'T BR OS., INC. 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX: (717) 761-5019 11.o PER MONTH DELINQUENCY CHARGE .,V TER 30 [SAYS Bill To: SUNRISE CONCRETE CO., INC. PO BOX 435 RUSHLAND, PA. 18956 Invoice: 551215 Project No Invoice Date HAWKSLAN 10/05/09 Purchase Order Date Ticket Product 09/21 D0035327 09/21 D0035327 09/21 D0035327 09/25 D0035561 09/25 D0035564 09/25 D0035566 3000 PART D EMIJ 3500 3500 3500 PSI BLEND LOAD CHG ENRAGE PSI BLEND PSI BLEND PSI BLEND Quantity U/M Unit Price 5.5000 C 50.9500 5.5000 C 10.8000 1.0000 E 37.5000 9.0000 C fi1.2500 9.0000 C 81.2500 10.0000 C S,1.2500 004075 Page 1 of 1 Payment Terms Net 30 Days -CRUSHED STONE • SAND - GRAVEL -TRANSIT MIXED CONCRE IF N AIN' ray; IU t I W[ Tax 26.72 .3.56 2.25 43.88 43.88 48.75 Product Summary Product Description 128 3000 PSI BLEND MIX W/AIR 1200 PART LOAD CHARGE 999 DEMURRAGE 131 3500 PSI BLEND W/AIR *** Discount if Paid by 10/15/09*** Material Misc. $2,720.23 $96.90 Customer# 004075 SUNRISE CON( PLANT LOCATIONS 705 r;renk Rc '001 South Er?nt St 5 U'c" ,A Po,ot Rd $33.50 UOM C C E C Total 471.95 62.96 39.75 775.13 775.13 861.25 Tax Invoice Amt Rr-:Ceipt Amt Balance Due $169.04 $2,986.17 $0.00 $2,986-17 -'RETE CO., Invoice# 5511?15 Invoice Date 10/05/09 Caron Hill. "A ?;Ioellop, FA Mechanicsburg, I A ,?TJO an ,Sa Gravef Plan, Toland, PA C, 5111 Job: HAWKS'LANDING Quantity .5000 `} . 5000 1.0000 2?.0000 113 INVOICE HEMPT BROS., INC. 205 CREEK ROAD • P.O. BOX 278 • CAMP HILL, PA 17001-0278 TELEPHONE: (717) 737-3411 FAX: (717) 761-5019 1 "/? PER MONT ] DELINQUENCv CHARGE AF I 1-H 30 Bill To: SUNRISE CONCRETE CO., INC. PO BOX 435 RUSHLAND, PA 18956 Job: HAWKS LANDING 004075 Invoice: 551971 Page 1 of 1 Project No In voice Date Purchase Order Payment Terms HAWKSLAN 10/19/09 Net 30 Days Date Ticket Product Quantity U/M Unit Price Tax 'T'otal 10/09 D0036009 3501 PSI BLEND 9.0000 C 81.2500 43.88 775.13 10/09 D0036009 DEMURRAGE 1.0000 E 25.0000 1.50 26.50 Product Summary Product Description Quantity UOM 131 3500 PSI BLEND W/AIR 9.0000 C 999 DEMURRAGE 1.0000 E *** Discount if Paid by 10/29/09*** $9.00 Material Misc. Tax Invoice Amt Receipt Amt Balance Due $731.25 $25.00 $45.38 $801.63 $0.00 $801.63 Customer# 004075 SUNRISE CONCRETE CO., Invoice# 551971 Invoice Date 10/19/09 PLANT LOCATIONS 20f (:reek Rd Camp H, 1, P4 7;' --1.11 1001 South 1ont St Steelton PA 55 _ocust Pnlnt Rd Mecham sburd. PA 79f, 000;' S,inr1 ?r (ravel Pbnt ... Toland, PA 4RG-511'. • ("Rusin D STONE • SAND • GiRAVFL -TRANSIT MIXED CONCRETF h14 I I- I ; I :?' I?G SIN `h F= ,rplG • I -l NVA I k u I • 'z.l GFFI NPII?I'f'. ?LAV4} l iIN C'SIIC I', "= NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM TO WILLOW CREEK, LLC Attn: Jeffrey R. Rutt 914 Stively Road Strasburg, PA 17579 You are hereby notified that HLMPT BROS., INC., 205 Creek Road, Camp I fill, Pennsylvania, 17011, has supplied certain materials in connection wit'; the improvement to your property known as Hawks Landing located on Lambs Gap Road, Mccloa.niesburg, 1 lampden Township, Cumberland County, Pennsylvania, and more particularly described in l'xl;ibit A which is attached hereto. Hempt Bros., Inc., provided certain materials to Sunrise Conc-ete Company, :nc. which consisted primarily of concrete and concrete products and has yet been paid by Sunrise Concrete Company, Inc. for those materials which were used on your property. The amount still due and payable to Hempt Bros., Inc., is $11,803.24. The materials were last : upplied to Sunrise Concrete Company, Inc., on October 9., 2009. Unless payment of the outstanding balance 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 due against your property. The filing of the claim will n-sult in a lien against your property and the proceedings to enforce this lien may result in a judg?ncnt against you and the forced sale of your property. Date:----,3 -1 1 - r MICHAEL L. BA GS. Esquire 429 South 18rh Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bras , Inc. cc: Hempt Bros., Inc. Sunrise Concrete Company, Inc. o:AO , A? A , 3116% 9 I 5 001 L91 THIS DEED MADE the 5 _ day of in the year of our Lord Two'Thousand Nine (2009) BETWEEN Insite Development, LLC, a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor, AND Willow Creek, LLC, a Pennsylvania Limited Liability Company, Grantee. WITNESSETH, that Grantor, for and in consideration of the sum of ONE HUNDRED AND THIRTY-FIVE THOUSAND AND NO1100 ($135,000.00) - - - - - - - - - - DOLLAR, lawful money of the United States of America, well and truly paid by Grantee to Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto Grantee, its successors and assigns, the following described property to-wit: ALL THAT CERTAIN lot of land situated along the northerly side of Peregrine Way, a 50 foot wide street, and the westerly side of Lambs Gap Road (SR 101 1) in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, as the same appears as Lot 45 on a Revised Preliminary/Final Plan Subdivision and Land Development Plan for Hawks Landing (Sheet No. 8 of 25) having a latest plan revision date of October 27, 2005, prepared for Insite Development LLC by NAVTech Incorporated, New Bloomfield, PA, Project No. 05133 and said plan being recorded in the Recorder of Deeds Office for Cumberland County, PA in Subdivision Plan Book 93, Page 107, and all the same being more fully bounded and described as follows: BEGINNING at the southwesterly corner of the herein-described lot, a point on the, northerly right-of-way line of Peregrine Way and said point being the southeasterly corner of Lot 44; thence from the point of beginning, along said Lot 44, North 28 degrees 07 minutes 59 seconds West a distance of 196.76 feet to a point in line of lands now or late of Richard and Carol Derarnon; thence along said lands of Deramon, North 73 degrees 29 minutes 22 seconds East a distance of 158.25 to a point on the westerly right-of-way line o' Lambs Gap Road (SR 1011'); thence along the said right-of-way line of lambs Gap Road the following three courses and distances. (1) South 15 degrees 39 minutes 45 seconds East a distance of 83.81 feet to a point; thence (2) North 75 degrees 11 minutes 53 seconds East a distance of 10.00 feet to a point; thence (3) South 14 degrees 48 minutes 07 seconds East a distance of 72.67 feet to a point, said point being at the northerly right-of-way line of Peregrine Way; thence along the northerly right-of-way line ol'Peregrine Way 1:he following three courses and distances: (1) along the arc of a 35.00- foot radius curve to the right, an arc distance of 54.98 feet to a point and the said curve subtended by a bearing of South 30 degrees 1 I minutes 53 seconds West and a chord distance of 49.50 feet (the bearing and chord distance are not shown on the recorded plan); thence (2) South 75 degrees l 1 minutes 53 seconds West a distance of 48.72 feet to a point; thence (3) along the are of a l 75.00-foot radius curve to SIA 951082v1/065260.00002 the left, an arc distance of 40.72 feet to the point of beginning and the said curve subtended by a bearing of South 68 degrees 31 minutes 59 seconds West and a chord distance of 40.63 feet. CONTAINING: 26,866 square feet TOGETHER with and/or SUBJECT to the easements and/or restrictions as shown on the final plan and also any other matters of record to the extent the same are in full force and effect:. ALSO BEING identified as Lot 45 on the above-referenced Revised Preliminary/Final Subdivision & Land Development Plan For Hawks Landing, recorded in Plan Book 93, page 107. BEING PART OF THE SAME PREMISES which Iris L. Rouse, by her deed dated July 31, 2002 and recorded in Deed Book 252, page 4746, granted and conveyed unto hisite Development, LLC, Grantor herein; ALSO BEING PART of the same premises which Kethea 1. Dengler, by deed dated October 8, 2001 and recorded in Deed Book 248, page 355, granted and conveyed unto Insite Development, LLC, Grantor herein; and ALSO BEING PART of the same premises which Alpha Trust by Barbara J. Herd. Trustee and Jack D. Herd, Trustee by deed dated September 4, 2003 and recorded in Deed Book 259, page 582, granted and conveyed unto Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor herein. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights- of-way of record, including but not limited to the Declaration of Hawks Landing a Planned Community recorded on March 14, 2008 in Instrument No. 200807839. TOGETHER with all and singular the tenements, hereditaments and i -purtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, propf-rty, claim and demand whatsoever, both in law and equity, of Grantor of, in, to or out of the said prcrlises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular Cie appurtenances, unto Grantee, their heirs and assigns, to and for the only proper use and behoof of (grantee, its successors and assigns forever. AND the Grantor, its successors and assigns, does by these presents, covenant, grant and agree to and with Grantee, its successors and assigns, that Grantor, its successors and •:,signs, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto Grantee, its successors and assigns, against Grantor, i'c, successor and assigns and against all and every other person or persons, whomsoever, lawfully claimin_ or to claim the same or any part thereof, shall and will, by these presents, WARRANT SPECIALLY AT`11) FOREVER DFI'END. SI .I 951082v U065260.00002 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED 41N HE PRESENCE OF / 4'?u INSITE DEVELOPMENT, LLC COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF On this, the GJ Aday of l.(,,IUe , 2009, before me, Notary Public, tl;e - undersigned officer, personally appeared DONALD H. ERWIN, who acknovA'edged himself to be the Member of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability .ompany, the foregoing limited liability company, and that he as such Member, being authorized to dc. so, executed the foregoing document in the name and on behalf of MITE DEVELOPMENT, LLC, a Pc. n;sylvania limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s -thy nd and official seal. , NOTARY PUBLIC 4? f COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY y? R/?A'??? OF L, C3`? = On this day of 2009, before me, a t.olary Public, the undersigned officer, personally appeared DONALD H. ERWIN, known to +v. (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknov-ledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto y and and official seal. /j, > 51.1 951082v 1!065260.00002 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF :SS On this ;7 day of 2009, before me, a Notary Public, the undersigned officer, personally appeared PATRICIA A. PROVENZANO known to me (o- satisfactorily proven) to he the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set and and official -aal. NOTARY PUBLIC G?-: (SEAL) 1 HEREBY CERTIFY, that the precise residence of the Grantee is: _z-07 b6ftlrF 4A-) 02 Attorney or Agent for Grantee SLI 951082YI /065260.00002 REV-lea E% 16.461 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVE14UE BUREAU OF INDIVIDUAL TAXES DEPT. 280603 HARRISBURG, PA 17128.0603 REALTY TRANSFER 'SAX STATEMENT OF VALUE Sao Reverse for Instructions 1Y-1 Complete each section and file- in duplicate NiIh Recorder of Deeds when (1) the full valuelconsiderotion is. not sat forth in the deed, (2) when the deed is without consideration, or b,, gift, or (3) s• tax exemption is claimed. A, Statement of Value is not requited if She transfer is whofiy exempt from tax based on: (1) family relvtlonship or 2 public utility oasoment. If more space is needed, attach additions! sheet(s). A CORRESPONDEN ) All .inquiries may 69 directed 'to the followiittg person: Nome Telephone Number; Penn Transfer, LLC Area Cod9 ( 717 ) 735-3800 Skeet Address City Stets -- _-" Zip Code 227 Granite Run Dr., Sire. 100, Suite 100 Lancaster PA 17601 B TRANSFER ?; fA Date of Acceptonc? o ocvmwrt October 2, 2009 Grantor s)ftwssorls) -- ---_ -_..---- Granive(s lLestew s Insite Gevlopment, LLC Willow Creek, LLC Street A ress Street A ress --- _ 6200 Peregrine Way city Stoic Z p C:oae- City -Mate ZIp Co wc1-- _ Mechanicsburg PA 17050 C PROPERTY I,OCAT G Rl -___ - Meet Address City, owns Ip, Boroug - --- 6200 Peregrine Way County Schoc District Tox ar;:el Number Cumberland ?I=14-0844-084 D VALUATI C" DATi-. 1, Aches Cos Consideration -- 135,000.00 I, County seise va oe? -? E EXEMPTI01 DA U, to, Amount o Exemption Cloitr.J 0 2, Other Consideration 5. Cimi.:on Ley- of Ratio Fuctor x 1.26 . PerceMec?e o?nlerosl Conveye T6 100% 2. Check Appropriate B,x ?;alow for Eaei,tption Claimed RECORDER'S USE ONLY rate oc'aid??.'` " 441'5-00100 ? Wilt or intestate sic ssion 1Nsrn,. of D.codentl ? - tEstaN F e vmMr, --- - ? Transfer to Industrio Dovolopr„on Agency. ? Transfer to a trust. ( iltnch complete copy o bus' agraemenl identifying all beneficiaries.) ? Transfer between pr ncipal and a,yeni. (Attach complete copy of agencylstraw party agreemnn'.) ? Transfers to the C-in n onweulth, kits Un4od Slates and Instrumentalities by gift, dedication, con-Jamnotlon or in lieu of condemnation. (If condemnation or n lieu of comlemnciion, attach copy of resolution.) ? Transfer from mop;, rlor to a tickler et o nr?r!;;•tge in default, Mortgage Book Number Page Number ? Corrective or eonfac r.iory dend. ;Ailccl, complete copy of the prior deed being corrected or confirmed.) El Statutory corparo:o .,'msolido!ioi,, m?, ger t,t di,ision, (Attach copy of articles,) ? Other (Please uzr :;,, exatrlption ,aimed, ii u L r than listed abcve.) Usnfe?Penahief of low, I iaro that I ' c ;; anmL,ad this Statement, including accompanying irsle nnatfenr and to the bets of my knowledge and belief, It is Prue, s:ur,ii ; an m}sla Signetvre o Cerrespondrnt c capon ' - - Dare ---'-- - Penn Transfer, LLC, Py iii __ Octobers` 2009 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200934689 Recorded On 10/9/2009 At 10:53:42 AM * Instrument Type - DEED Invoice Number - 53895 User ID - MSW * Grantor - tNSTTE DEVELOPMENT LLC * Grantee - WILLOW CREEK LLC * Customer - PENN TRANSFER * FEES STATE TRANSFER TAX $7,239.20 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $3,619.60 SCHOOL DISTRICT HAMPDEN TOWNSHIP $3,619.60 TOTAL PAID $14,527.90 * Total Pages - 6 Certification Page DO NOT DETACH This p2ge is now part of this legal document. I Certify this to he recorded in Cumberland County PA ort v4 , RECORDER O ; D EDS trso " - Information denoted by an asicrisk may change during the verification process and may not be reflected on this page. 00 1 N L91 NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM TO: WILLOW CREEK, LLC Attn: Jeffrey R. Rutt 227 Granite Run Drive, Suite 100 Lancaster, PA 17601 You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp 1-1111, Pennsylvania, 17011, has supplied certain materials in connection with the improvement to your property known as Hawks Landing located on Lambs Gap Road, Mechanicsburg, I-lampden Township, Cumberland County, Pennsylvania, and more particularly described in FAlubit A which is attached hereto. Hempt Bros., Inc., provided certain materials to Sunrise Concrete Company, Inc. which consisted primarily of concrete and concrete products and has yet been paid by Sunrise Concrete Company, Inc. For those materials which were used on your property. The amount still due and payable to Hempt Bros., Inc., is $11,803.24. The materials were last supplied to Sunrise Concrete Company, Inc., on October 9, 2009. Unless payment of the outstanding balance 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 due 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: ?) P u.(rh MICHAEL L. BANGS, Esquire 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 Attorney for Hempt Bros., Inc. cc: Hempt Bros., Inc. Sunrise Concrete Company, Inc. 3 tl 001L91 THIS DEED MADE the 5 day of 0_1`00tF in the year of our Lord Two Taousand Nine (2009) BETWEEN Insite Development, LLC, a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantor, AND Willow ("reek, LLC, a Pennsylvania Limited Liability Company, Grantee. WITNESSETH, that Grantor, for and in consideration of the sum of ONE HUNDRED AND THIRTY-FIVE THOUSAND AND NO1100 ($135,000.00) - - - - - - - - - - DOLLAR, lawfu I money of the United States of America, well and truly paid by Grantee to Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto Grantee, its successors and a'signs, the following described property to-wit: ALL THAT CERTAIN lot: of land situated along the northerly side of Peregrine Way, a 50 foot wide street, and the westerly side of Lambs Gap Road (SR 101 1) in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, as the same appears as Lot 45 on a Revised Preliminary/Final Plan Subdivision and Land Development Plan for Hawks Landing (Sheet No. 8 of 25) having a latest plan revision date of October 27, 2005, prepared for Insite Development LLC by NAVTech Incorporated, New Bloomfield, PA, Project No. 05133 and said }plan being recorded in the Recorder of Deeds Office for Cumberland County, PA in Subdivision Plan Book 93, Page 107, and all the same being more fully bounded and described as follows: BEGINNING at the southwesterly corner of the herein-described lot, a point on the northerly right-of-way line of Peregrine Way and said point being the southeasterly corner of Lot 44; thence from the point of beginning, along said Lot 44, North 28 degrees 07 minutes 59 s, conds West a distance of 196.76 feet to a point in line of lands now or late of Richard and Carol Deramon; thence along said lands of Deramon, North 73 degrees 29 minutes 22 seconds East a distance of 15K.23 to a point on the westerly right-of-way line of Lambs Gap Road (SR 101 1); thence along the said right-of-way line of Lambs Gap Road the following three courses and distances: (1) South 15 degrees 39 minutes 45 seconds East a distance of 83.81 feet to a point; thence (2) North 75 degrees 11 minutes 53 seconds East a distance of 10.00 feet to a point; thence (3) South 14 degrees 48 minutes 07 seconds Fast a distance of 72.67 feet to a point, said point being at the northerly right-of-way line of Peregrine Way; 'hence along the northerly right.-of--way line of Peregrine Way the following three courses and distances: (1) along the are of a 35.00- foot radius curve to the right, an are distance of 54.98 feet to a point and the said curve subtended by a bearing of South 30 degrees 1 l minutes 53 seconds West and a chord distance of 49.50 feet (the bearing and chord distance are not shown on the recorded plan); thence (2) South 75 degrees I 1 minutes 53 seconds West a distance of 48.72 feet to a point; thence (3) along the arc of a 175.00-foot ra(lius curve to SI.I 951082v 1 /065260.00002 the left., an arc distance of 40.72 feet to the point of beginning and the said curve subtended by a bearing of South 68 degrees 31 minutes 59 seconds West and a chord distance of 40.63 feet. CONTAINING: 26,866 square feet TOGETHER with and/or SUBJECT to the easements and/or restrictions as shown on the final plan and also any other matters of record to the extent the same are in full force and effect. ALSO BEING identified as Lot 45 on the above-referenced Revised Preliminary/Final Subdivision & Land Development Plan for Hawks Landing, recorded in Plan Book 93, page 107. BEING PART OF THE SAME PREMISES which Iris L. Rouse, by her deed dated July 31, 2002 and recorded in Deed Book 252, page 4746, granted and conveyed unto lasite Development, LLC, Grantor herein; ALSO BEING PART of the same premises which Kethea L D -ngler, by deed dated October 8, 2001 and recorded in Deed Book 248, page 355, granted and conveyed unto Insite Development, LLC, Grantor herein; and ALSO BEING PART of the same premises which Alpha Trust by Barbara J. Herd, Trustee and Jack D. Herd, Trustee by deed dated September 4, 2003 and recorded in Deed Book 259, page 582, granted and conveyed unto Donald H. Erwin and Patricia A. Provenzano, husband and wife„ Grantor herein. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights- of-way of record, including but not limited to the Declaration of Hawks Landing a Planned Community recorded on March 14, 2008 in Instrument No. 200807839. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remc:fnder and remainders, rents, issues and profits thereof, AND ALSO all the estate, right, title, interest, prcl criy, claim and demand whatsoever, both in law and equity, of Grantor of, in, to or out of the said prcmises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular'iu, appurtenances, unto Grantee, their heirs and assigns, to and for the only proper use and behoof or Grantee, its successors and assigns forever. AND the Grantor, its successors and assigns, does by these presents covenant, grant 2'1d agree to and with Grantee, its successors and assigns, that Grantor, its successors anc assigns, all and singular the hereditaments and premises herein above described and granted, or mention-1 end intended sk- to be, with the appurtenances unto Grantee, its successors and assigns, against Grantor, As successor and ;Issigns find against all and every other person or persons, whomsoever, lawfully claimir,? or to claim the same or any part thereof, shall and will, by these presents, WARRANT SPECIALLY Ai ) FOREVER DEFEND. S1.1 951082Y1/005260.00002 fN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN HE PRESENCE OF 41?? INSITE DEVELOPMENT, LLC COMMONWEALTH OF PENNSYT VANIA :ssCOUNTY OF L On this, the ?J day of 2009, before me, a Notary Public, the undersigned officer, personally appeared DONALD H. ERWIN, who acknowledged himself to be the Member of INSiTE DEVELOPMENT, LLC, a Pennsylvania limited liability company, the foregoing limited liability company, and that he as such Member, being authorized to do so, executed the foregoing document in the name and on behalf'of INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s"y nd and official seal. ? J1 ' , EAL) 1 2 NOTARY PUBLIC r COMMONWEALTH OF PENNSYLVANIA COUNTY OF t? C3? On this 5 day ofam? E" , 2009, before me, a Notary Public, the, undersigned officer, personally appeared DONALD H. ERWIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WHNESS WHEREOF, I have hereunto y and and official seal. (S I "AL) NOTARY PUBI,?C S IA 951082 010652 60.00002 _? ona . Erwin, er COMMONWEALTH OF PENNSYLVANIA COUNTY OF C? On this .`7 day of 0GT-0`'*0_?-- , 2009, before me, a Notary Public, the undersigned officer, personally appeared PATRICIA A. PROVENZANO known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set hand and official seal. NOTARY PUBLIC -1 (SEA[,) HEREBY CERTIFY, that the precise residence of the Grantee is; -z7 G/W)MevAv 012, Attorney or Agent for Grarme S L 1951082v 1 !065260.00002 REV-183 Uf 16,00 4"k, I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OFREVENUF BUREAU OF INDIVIDUAL TAXES DEPT. ]00603 HARRISeURO, PA 17178.0603 REALTY TRANSFER TAX SfATEMENT OF VALUE S,te Rev*rse for Instructions RECORDER'S USE ONLY ~ State Tax Pnf a? 0o %1" "r C `CJ Pape am er d. Rec6;; F4 2 JS 1 41L,L?CT_ _ Complete each section and filr in duplicate Nith Recorder 4 Dead%when (111 the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or b; gift, or (J) it tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) famlly relatlonship or u_public utility t asom!nt, If more space is needed, attach additional }heel(s). A CORRESPO;,)DENT All inquiries m lie directed to the following person: Name Telephone Number: Penn Transfer, LLC Area Cone ( 717 1 735-3800 Skeet A rest ??-- -- _ City State Zip Code 227 Granite Run Dr.; Ste. 100, Suite 100 Lancaster PA 17601 S TRANSFER ?;_ATA _ Grantor si/lsssor(s) _. Insite Gevlopment, LLC erect Xddress City ---- stoic C PROPERTY LOCAVC-N Meet dress 6200 Pere Vine Way _ County Cumberland D VALUAT9 "' . DATA. 1, Aouo Cash Copsicloolion 135,000.00 ` A. County Assessed Value E EXEMPTI01 F? LYI; _ Ia. Amount of Exemption Cloin,.d? 0 October 2, 2009 Willow C eek, LLC 5t.ee1 Address 6200 Peregrine Way Mechan PA 17050 + IFS?cT7A•O? i. Camo:un levul Ratio Vaaor X 1.26 i Vercenlacde of Internal Comaye?c - 100% 2. Check Appropriate B-x ,31aw for E.rowprtion Claimed 10-14-0844-084 3. Totuf Conai oration -7 Z 5j Cf Z0 .00 ? Will or inteslolu sic 'ssion -.. _ (Nam. aF DeceJeet) Edeb File umber] ? Transfer to Indusl,io Developtnoni Agency. ? Transfer to a trust ( much complete copy of I,u-' ograement iduntifying all beneficiaries.) ? Transfer 6etweon pr ncipol and o,jarw (Attach complete copy of agency/straw party agreemert.) ? Transfers to the Cin n,onweallh, I'ne United Slates and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or Sn lieu of condemnollon, attach copy of resolution.) ? Transfer from mor!(; ?)or to o holder of a nvrr!--ige in default. Mortgage Book Number Page Number ? Corrective or conf:rr: ,tory dead, ?Atlod, complote copy of the prior deed being corrected or ::onffrmed.) ? Statutory corporal. .:,nsalidwion, m-gar w di.ision. (Attach copy of ankles.) ? Other (Please uxp :;.) nxutnption :loimud, ii o,l,-:r than listed obcve.) Under penahles of low, I (Cro thril 1 r . c :: arr.in ;d this Statement, including accompanying In armation, avid to the best of my knowledge %md belief, It is true, con a an mpin slgnofun o Cerruponderrt c 'capon ' - - ' Date Penn Transfer, LLC, f', Alt" Octobers 2009 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200934689 Recorded On 10/9/2009 At 10:53:42 AM * Instrument Type - DEED Invoice Number - 53895 User ID - MSW * Grantor - INSITE DEVELOPMENT LLC * Grantee - WILLOW CREEK LLC * Customer - PENN TRANSFER * FEES STATE TRANSFER TAX $7,239.20 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $1.0.00 FEES AFFORDABLE HOUSING $1.1.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $3,619.60 SCHOOL DISTRICT HAMPDEN TOWNSHIP $3,619.60 TOTAL PAID $14,527.90 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this Llegal document. I Certify this to ; )e recorded in Cumberland County PA ort wee ,o RECORDER 0(t) ?FDS trso * - Information denoted by an s tcrisk may change during the verification process and i.,y not be retlecter on this page. C' ViIIIINWhlll?l? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~pt'ty~lx• of ~ar,r,ti~rf~,j~ Jody S Smith Chief Deputy ~~ Richard W Stewart Solicitor s~pc~,:~;;F ~t,FS~~a,~~ Hempt Bros. Inc. Case Number vs. Willow Creek, LLC 2010-2318 SHERIFF'S RETURN OF SERVICE 08/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Willow Creek, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 08/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Willow Creek, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 09/20/2010 02:56 PM -Lancaster County Return: And now September 20, 2010 at 1456 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Willow Creek, LLC by making known unto Deanna Herr, Receptionist for Willow Creek, LLC at 227 Granite Run Drive, Suite 100, Lancaster, PA 17601 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/21/2010 05:20 PM -Lancaster County Return: And now September 21, 2010 at 1720 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Willow Creek, LLC by making known unto Suzanne Rutt, adult in charge at 914 Stively Road, Strasburg, PA 17579 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 September 28, 2010 SO ANSWERS, -,-".-,. RON R ANDERSON, SHERIFF ~ ~ _; ~ . ~y _.... _ + -r> rn r-rr '~°? `'~ r _~L rv °~ ~:~ i~ '- ~ , ~° ~~ ~~~ .~.~ ~- -a r.' 3} c, a =~? ~c CountySuite Sneiiff. T'eleosoft. Inc. 2 ADDRESSES 1 OF 2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RE~'URN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ ~2. COURT NUMBER HEMPT BROS., INC. 3. DEFENDANT/S/ I4. TYPE OF WRIT OR COMPLAINT WILLOW CREEK, LLC NOTICE/COMPLAINT SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED WILLOW CREEK, LLC 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 227 GRANITE RUN DRIVE, SUITE 100, LANCASTER, PA 17601 RFF ~~ 7. INDICATE UNUSUAL SERVICE: ^ DEPUTIZE ^ OTHER Now, 20 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sherriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LANCASTER COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ALTERNATE ADDRESS: 914 STIVELY ROAD, STRASBURG, PA 17579 CUMBERLAND COUNTY NOTE ONLY APPLICABLE 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, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein fo7i~ny loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE MICHAEL L. BANGS, ESQ. 717-730-7310 8/25/2010 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) MICHAEL L. BANGS ' , GAL~fP HILL ~ PA I7O~7: f'-. ... _. ~:r'-r-~, r..y~. i~... rw[r a .' rr. "iua-i ~-i~~-'w~at ~f.- :. i. ii.i4.w..~~eYa~a."wr~i~~s-taa-'l.:ilf+t~t [! 13. I acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } K . BRADSHAW 717-299-8200 8/30/2010 9/23/2010 16. I hereby CERTIFY and RETURN that I ^ have personally served, have legal evidence of service as shown in "Remarks:, ^ have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ^ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Nam^~e~and title of individual served (if not hown above) (Relation hip to Defendant) 19• ^ No Service 'JeC,,,,v~G. ~~e.--,.- ~ReCe,a},,~-„~~~ See Remarks Below(No.30) 30. RE ARKS: S.T.A. 31. AFFIRMED and subscribed to before me this 32. 34. day of 20_ Depc 37 ProthonotarylDeputy/Notary Public MY COMMISSION EXPIRES 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriff's Office 4. BLUE - 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) G1120~1d z-•~Co e ~ 23. ATTEMPTS Date Mlles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. a~ZG (o ~O'w 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 28. Total Costs 29. COST DUE OR REFUND / '7 150.00 59 5 R - h ~: 33. Date f Cl ~ZO/L O 36. Date ~f~-'Io 20F2 2 ADDRESSES SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 ~~~ SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ ~2. COURT NUMBER HEMPT BROS., INC. 3. DEFENDANT/S/ WILLOW CREEK, LLC 4. TYPE OF WRIT OR COMPLAINT SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED WILLOW CREEK, LLC 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 914 STIVELX ROAD, STRASBURG, PA 17579 SEE #8 7. INDICATE UNUSUAL SERVICE: ^ DEPUTIZE ^ OTHER Now, 20 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sherrill of County to execute-this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LANCASTER COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ALTERNATE ADDRESS: 227 GRANITE RUN DRIVE, SUITE 100, LANCASTER, PA 17601 CUMBERLAND COUNTY NOTE ONLY APPLICABLE 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, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherri's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE MICHAEL L. BANGS~ESQ.___ 717-730-7310 8/25/2010 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) MICHAEL L. BANGS 429 SOUTH 18TH STREET CAMP HILL, PA 17011 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } K. BRADSHAW 7].7-299-82 8/30/2010 9/23/2010 16. I hereby CERTIFY and RETURN that I ^ have personally served,~iave legal evidence of service as shown in "Remarks:, ^ have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ^ I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationshi to Defendant) 19. ^ No Service Su2ANnIC Rv rr ~SresON i/1/ Q See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) 9/~~ ~a S=moo 23. ATTEMPTS Date Miles Dep. Int. Date Milea 9' a ~ t ~ i4ws 24. Advance C~s 25. Service Costs 26. R# *** *** 30. REMARKS: S.T.A.: 31. AFFIRMED and subscribed to before me this 34. day of 20 Int. I Date ~ Miles ~ Dep.lnt. ~ Date ~ Miles ~ Dep.lnt. ~ Date ~ Mlles 27 EDS Dep. Int. 28.~~ ~~ 29. COSH DUE Q$~1ND Cam- 4'Gc ~ ~ ~ a~ ~ ~~ 37 Prothonotary/Deputy/Notary Public SHERIFF MY COMMISSION EXPIRES 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriff's Office 4. BLUE -Sheriff's Office MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 South 18~' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) N0.2010-2318 CIVIL WILLOW CREEK, LLC ) Defendant ) CIVIL ACTION MECHANICS' I~IEN CLAIM PRAECIPE TO THE PROTHONOTARY: Please mark the mechanics' lien filed in the above-captioned matter satisfied and discontinue the matter with prejudice. Respectfully .submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: ~a ~' ~" ~;. ~~, ;_ Q ~ c'~ ~ cam, c:~ ~= -. ~ e ~~~ ~ ~w.. '~ tai },.._ ~.T~ ra c~ t.:..t .~ ."~ ~ ~4~ C~ .F... C:~ ;~~ ~..~ ~ Z 1 3 ~ q~,b ~l` ~k r~.~ ~a5 ~ ~~