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HomeMy WebLinkAbout12-6584FILED-OFFICE OF THE PROTHONOTARY 2112 OCT 23 PM 2*- 10 CUMBERLAND COUNTY LANDMARK COMMERCIAL REALTY, INC., : IN THE COURT OF COMMON PLEAS by and through David Remmel : CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff CIVIL DIVISION - LAW V. No. M. LEWIS and DWIGHT F. MACOMBER, : ?? " lOJ`?l7 Co-Executors of the ESTATE OF VICTOR D. MACOMBER, Owners/Defendants NOTICE OF COMMERCIAL REAL ESTATE BROKERS LIEN LANDMARK COMMERCIAL REALTY, INC. ("LANDMARK"), a licensed Commercial Real Estate Broker under the laws of the Commonwealth of Pennsylvania, License # R13047829C, the Claimant herein, by and through David Remmel a licensed Commercial Real Estate Broker under the laws of the Commonwealth of Pennsylvania, License # RM04605 I A, LANDMARK'S President and Broker of Record, asserts a Commercial Real Estate Broker Lien, pursuant to the Commercial Real Estate Broker Lien Act, 68 P.S. 1051, et. seq. in the amounts as indicated below against Gay M. Lewis and Dwight F. Macomber, Co-Executors of the ESTATE OF VICTOR D. MACOMBER, Owners of the property described as and located as indicated below: PARCEL 1: Street Address Amount of Lien 704 Lisburn Road Township of Lower Allen Cumberland County Pennsylvania $785.19 Owner Gay M. Lewis and Dwight F. Macomber, Co-Executors of the Estate of Victor D. Macomber (deceased August 22, 2010) Docketed to 2010-884 in the office of the Register of Wills of Cumberland County, Pennsylvania w Tax Parcel ID No. 13-23-0549-136A Deed Reference Book 102, Page 694 Respectfully submitted, CUNNINGHAM & CHERNICOFF, By: Brice J. Warsha?Ksky, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Claimant/Plaintiff Dated: October 23, 2012 J VERIFICATION I, David Remmel, President and Broker of Record for LANDMARK COMMERCIAL REALTY, INC., verify that the statements made in the foregoing NOTICE OF COMMERCIAL REAL ESTATE BROKERS LIEN are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: By: - avid R mmeI r CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chermcoff, P.C. certify that a copy of the within NOTICE OF COMMERCIAL REAL ESTATE BROKERS LIEN this day by depositing the same in the United States mail, certified, return receipt requested, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Gay M. Lewis and Dwight F. Macomber, Co-Executors Estate of Victor D. Macomber c/o Richard W. Stewart, Esquire Law Offices Johnson Duffie 301 Market Street P.O., Box 109 Lemoyne, PA 17043 CUNNINGHAM & CHERNICOFF, P.C. B?: Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: October 23, 2012 F:\Ilome\BJW\DOCS\LANDMARK\Victor.Wanda Macomber\Brokers Lien.WPD LANDMARK COMMERCIAL REALTY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff CIVIL DIVISION—LAW V. : NO. 12-6584 r—X GAY M. LEWIS and DWIGHT F. MACOMBER, CD *C-) CD-T, Co-Executors of the ESTATE OF VICTOR D. =C) C: MACOMBER, Owners/Defendants STIPULATION AND AGRE ED ORDER FOR JUDGMENT AND FORBEARANCE AND NOW,to wit,this /.:� day of Mq_4, 2013,with the consent of all parties,by their respective counsel, it is agreed as follows: V IN CONSIDERATION of the Commercial Real Estate Brokers Lien filed October 23, 2012 ("Lien") filed in this action, and upon agreement of the parties,that the Prothonotary of Cumberland County is directed and empowered to file a Judgment as follows: JUDGMENT shall be and is hereby entered against Defendants, GAY M. LEWIS and DWIGHT F. MACOMBER, Co-Executors of the ESTATE OF VICTOR D. MACOMBER, in the amount of Ten Thousand Three Hundred Forty Three Dollars and Fifty-Two Cents ($10,343.52) for the period up through and including May, 2013. No interest or attorney fees shall accrue or be due and payable pending the satisfaction of this Judgment. This Judgment shall be satisfied upon the sale of the Property with the costs of the satisfaction being bome by the Defendants. Plaintiff agrees to forbear in executing upon this Judgment prior to any such sale of the Property. Y CUNNINGHAM &CHERNICOFF, P.C. LAW OFFICES JOHNSON DUFFIE BY BY G/ Bruce J. Warshaw Y squire Richard W. Stewart,Esquire PA Supreme Court D# 58799 PA Supreme Court ID#42067 2320 North Second. Street 301 Market Street Harrisburg, PA 17110 P.O.,Box 109 Attorneys for Plaintiff Lemoyne,PA 17043 Attorneys for Defendants F:\Homc\BJW\DOCS\LANDMARK\Victor.Wanda Macombcr\Stipulation and Agreed Order for JudgmentvMay20l3.wpd LANDMARK COMMERCIAL REALTY, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff CIVIL DIVISION—LAW V. NO. 12-6584 GAY M. LEWIS and DWIGHT F. MACOMBER, Co-Executors of the ESTATE OF VICTOR D. MACOMBER, Owners/Defendants ORDER AND NOW, to wit, this,;3 day of MA/ , 2013, with the consent of all parties,by their respective counsel,pursuant to the STIPULATION AND AGREED ORDER FOR JUDGMENT AND FORBEARANCE executed May 13, 2013, it is hereby ordered: JUDGMENT shall be and is hereby entered against Defendants, GAY M. LEWIS and DWIGHT F. MACOMBER, Co-Executors of the ESTATE OF VICTOR D. MACOMBER, in the amount of Ten Thousand Three Hundred Forty Three Dollars and Fifty-Two Cents ($10,343.52) in accordance with the terms of the aforementioned Stipulation and Agreed Order for Judgment and Forbearance attached hereto a Exhibit "A". BY COU F:\Home\BJW\DOCS\LANDMARK\Victor.Wanda Macomber\Order.wpd fTi nj-<- P— *- C:J `© k� P10TH0NC ?I 14 NOV 26 Phi 12: 00 CUMBERLAND COUNTY Y PENNSYLVANIA LANDMARK COMMERCIAL REALTY, : IN THE COURT OF COMMON PLEAS OF INC. : CUMBERLAND COUNTY, PENNSYLVANIA Claimant/Plaintiff : v. GAY M. LEWIS and DWIGHT F. : CIVIL DIVISION — LAW MACOMBER, Co -Executors of the : ESTATE OF VICTOR D. MACOMBER, : NO. 12-6584 Owner/Defendants PRAECIPE FOR RELEASE OF JUDGMENT AND LIEN TO THE PROTHONOTARY: Upon receipt of this Praecipe, kindly release the property located at 3452 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 from the following: (1) the Order of Judgment dated May 13, 2013 and filed in the Office of the Prothonotary of Cumberland County, Pennsylvania on May 21, 2013; and (2) the Commercial Real Estate Broker Lien asserted pursuant to the Commercial Real Estate Broker Lien Act, 68 P.S. § 1051, et seq., entered and docketed October 23, 2012. Respectfully submitted, Date: November , 2014 CUNN A M & CHEICOFF, P.C. ruce . Warshawskyquire PA Supreme Court ID# 58799 2320 North Second Street Harrisburg, PA 17110 4(1.5C) PA Arr ( 5(0583 2,313