HomeMy WebLinkAbout11-5105
0
rLr,D-OFFICE
OF THE PROTHONOTARY
2011 JUN 21 AM 11: IS
LANDMARK COMMERCIAL REAL7ffAgEIR„ME1 C y OF COMMON PLEAS OF
INC., PEN8%W8KWND COUNTY, PENNSYLVANIA
Claimant
V. : NO. 11-510S KUSIC CAPITAL GROUP IX, LLC,
Respondent COMMERCIAL REAL ESTATE BROKER
LIEN
NOTICE OF COMMERCIAL REAL
ESTATE BROKER LIEN
AND NOW, comes Claimant, Landmark Commercial Realty, Inc., by and through
its attorneys, Wix, Wenger & Weidner, and files this Notice of Commercial Real Estate
Broker Lien, stating the following:
1. This Notice is filed pursuant to the Pennsylvania Commercial Real Estate
Broker Lien law, Act No. 34 of 1998, 68 P.S. §§ 1051-1063.
2. The Claimant is Landmark Commercial Realty, Inc.
3. Claimant is a licensed real estate broker; its real estate license number is RB-
047829-C.
4. The owner of the property upon which this lien attaches is Respondent, Kusic
Capital Group IX, LLC.
5. The property upon which this lien attaches is the certain tract of land located in
Lemoyne, Cumberland County, identified as Cumberland County Tax Parcel No.
20-1856-0026, known and numbered as 2 Lemoyne Drive, Pennsylvania, and
referred to in Cumberland County Record Book 274, Page 316.
6. The amount of the lien is equal to the agreed upon 6% commission on the sale
price of the property. It is believed and averred that the amount of the sale is
a
a-,+ sga.00 pd 'a *Et
e k.tt 903
tik OND 6,93S
$1,100,000.00. Accordingly, the claim is for $66,000.00.
7. The Respondent and Buyer are notified that the Commercial Real Estate Broker
Lien Act contains the following provision with respect to escrow of disputed
amounts:
Section 1060. Escrow of disputed amounts. Except as otherwise provided
in this section, whenever a claim for lien has been filed with the
prothonotary that would prevent the closing of a transaction or conveyance,
an escrow account shall be established from the proceeds from the
transaction or conveyance in an amount that is sufficient to release the
claim for lien. The requirement to establish an escrow account shall not be
cause for any party to refuse to close the transaction. These moneys shall
be held in escrow until the parties' rights to the escrowed moneys have
been determined by written agreement of the parties, a court of law, or
other process as may be agreed to by the parties. Upon funds in the
amount of the .claimed lien being escrowed, a release of the claim for lien
shall be provided by the broker who is claiming the lien. The parties are not
required to follow this escrow procedure if alternative procedures which
would allow the transaction to close are available and are acceptable to the
broker in this transaction.
Respectfully Submitted,
WIX, WENGER & WEIDNER
Date: By. /Yffy
Jeffrey CI , I.D. #89277
Dean eid er I.D.#06363
508 No h Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Claimant
VE ATION
I, David J. Rommel, President of Landmark Comore l Realty, Inc., Claimant in
the foregoing Notice, have read the foregoing Notice and hereby affirm and verify that it is
true and correct to the best of my personal knowledge, information and belief. I verify that
all of the statements made in the foregoing Corrpq t are true and correct and Miat false
statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unswom faisi Won to authorities.
LANDMARK COMMERCIAL REALTY, INC.
Date: Sy:
D4J.R e l, President
LANDMARK COMMERCIAL REALTY, IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
V. : NO.
KUSIC CAPITAL GROUP IX, LLC,
Respondent COMMERCIAL REAL ESTATE BROKER
LIEN
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Notice was sent via first class and certified mail
this day to the following:
Kusic Capital Group IX, LLC
4800 Linglestown Road, Suite 103
Harrisburg, PA 17112
Norman K.A. Hoffer
4479 Chambers Hill Road
Harrisburg, PA 17111
WIX, WENGER & WEIDNER
Date: b l Q 0111 By: m .
Lis . Sites, Paralegal
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Claimants
V
FILED- OF?"'-ICE
0TIME PROTHt;NUi} `.
2011 JUL 22 PH 12: F4
CUMBERLAND COU14T':.
WIX, WENGER & WEIDNER PENNSYLVANIA.
Jeffrey C. Clark, I.D. # 89277
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
jclark@wwwpalaw.com
(717) 234-4182
Attorneys for Claimant
LANDMARK COMMERCIAL REALTY,
INC.,
Claimant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KUSIC CAPITAL GROUP IX, LLC,
Respondent
NO. 11-5105 CIVIL
COMMERCIAL REAL ESTATE BROKER
LIEN
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the Notice of Commercial Broker Lien filed in this action as
discontinued and ended without prejudice.
Respectfully Submitted,
WIX, WENGER & WEIDNER
Date: BY: /
Jeffr ( rk, I.D. #89277
Dea . Weidner I.D.#06363
508 orth Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
LANDMARK COMMERCIAL REALTY,
INC.,
Claimant
V.
KUSIC CAPITAL GROUP IX, LLC,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 11-5105 CIVIL
COMMERCIAL REAL ESTATE BROKER
LIEN
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Praecipe was sent via first class and certified
mail this day to the following:
Robert M. Walker, Esquire
3461 Market Street, Suite 301
Camp Hill, PA 17011
Arthur A. Kusic, Esquire
4800 Linglestown Road, Suite 103
Harrisburg, PA 17112
Date:
ENGER & WEIDN
?IZL? B?
V A. Cribben, Paralegal
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Claimants