HomeMy WebLinkAbout05-5231MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR CLAIMANT
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
HEMPT BROS., INC. ) IN THE COURT OF COMMON PLEAS
Claimant ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
)
VS.
NO. 2005 - S'231 ML,b `Te?o?r,?
COCCA DEVELOPMENT, LTD. )
Owner ) CIVIL ACTION
MECHANICS' LIEN
MECHANICS' LIEN
1. Claimant, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of
business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania.
2. Claimant supplied certain materials used on the Dollar General project in the
Cumberland Business Park in Upper Allen Township, Cumberland County, Pennsylvania
("Project").
3. Owner, Cocca Development, Ltd., is a partnership and has a principal place of
business at 100 Debartolo Place, Boardman, Ohio.
4. Claimant last provided materials and supplies on the Project on July 6, 2005.
5. Claimant provided notice to Owner of its intention to file a mechanics' lien claim if
the outstanding balance was not paid in full on or about August 19, 2005, which was received by
Owner. Attached hereto and marked as Exhibit A is a true and correct copy of the notice and the
signed return receipt card.
6. Claimant was a subcontractor on the Project having supplied the goods and materials
to Cocca Development, Ltd., the general contractor and Owner.
7. Since the time of the notice, no payments have been made and Claimant is due
$13,314.80.
8. The Project was located on the property owned by the Owner which is located in the
Cumberland Business Park located in Upper Allen Township, Cumberland County,
Pennsylvania. Attached hereto and marked as Exhibit B is a true and correct copy of the legal
description which is incorporated herein by reference. The Owner is liable to the Claimant for
the amounts due and owing and the amounts operate as a mechanics' lien on the premises until
paid.
Respectfully submitted,
MICHAEL L. BANGS ,
Attorney for Claimant v
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
2
BANGS LAW OFFICE
429 SOUTH Ign, STREET
CAMP HILL, PA 17011
E-mail: mikebanggAyerizon net
PHONE: 717-730-7310
FAX: 717-730-7374
MICHAEL L. BANGS, Attorney-at-Law
WENDY S. CHESBRO, Paralegal
August 19, 2005
VIA CERTIFIED MAIL
Cocca Development, Ltd.
100 Debartolo Place
Suite 400
Boardman, OH 44512-7011
RE: Hempt Bros., Inc.
Project: Cumberland Parkway / Dollar General
To Whom It May Concern:
WILLIAM E. MILLER, JR.
Of Counsel
E
Please be advised that this office represents Hempt Bros., Inc. This is a notice of intention by
Hempt Bros., Inc., to file a mechanics' lien claim on the property located in the Cumberland Business
Park in Upper Allen Township, Cumberland County, Pennsylvania, more particularly described in
Deed Book 255, Page 2643, recorded in the Office of the Recorder of Deeds of Cumberland County,
Carlisle, Pennsylvania. Hempt Bros., Inc., supplied certain materials to Cocca Development, Ltd.,
which were used on the Dollar General project. Hempt Bros., Inc., has failed to be paid for the
materials supplied. The total amount due and owing as of this date is $13,062.84. The last day the
materials and supplies were placed on the property was July 6, 2005.
We will be pursuing a mechanics' lien claim within thirty (30) days if the outstanding balance is
not paid in full.
If you have any questions concerning this notice, please contact me directly.
Very truly yours,
i ael L. Bangs' ??Qx.,?
wsc
cc: Hempt Bros., Inc.
¦ Complete items 1, 2, and 3. Also complete A-
item 4 it Restricted Delivery 1s desired.
III Print your name and address on the reverse X
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece, B'
or on the front if space permits.
1. Article Addressed to:
Cie cam
7v//
0 Agent
by (Printed Name) qr. Date of
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail 0 Express Mall
? Registered ? Return Receipt for Merchandise
0 Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Numt x'
(I7ansler from service label)
7002 1000 0005 0081 9656_
PS Form 3811, February 2004 Domestic Return Receipt -to25e5.002-M-1540
A( .5 L? cm n
Parcel 42-26-0243-032
t Parcel 42-26-0243-030
Parcel 42-26-0243-031
Made, the 234 day of
ZIEGLEP,
"ORDER OF DEEDS
RLAND COUNTY
THIS DEED '03 AN 29 Ail 8 59
in the year two thousand three (2003)
Between:
MICHAEL CHEREWKA, ESQUIRE, AS TRUSTEE OF HOMESTEAD
TRUST No. 5, and MID PENN BANK, Parties of the First Part (GRANTOR).
AND
COCCA DEVELOPMENT LTD., A Pennsylvania Partnership, Party of
the Second Part, (GRANTEE).
Witnesseth, That in consideration of Three Hundred Fifty Thousand
($350,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the
said Grantors do hereby grant and convey to the said Grantee, its successors and assigns.
ALL THOSE TWO CERTAIN Lots of land known and numbered as Lot No. 6-B, 6-C
and Lot No. 6-D on the Final Re-subdivision Plan for Lot No. 6, Cumberland Business
Park located in Upper Allen Township, Cumberland County, Pennsylvania more
particularly bounded and described as follows, to wit:
LOT No. 6-B
BEGINNING at the dividing line between lots numbers 6-A and 6-11 as shown on the
Declaration Plats attached to the Declaration of Condominium for Old Schoolhouse, as
office Condominium, attached thereto as Exhibit "C"; thence along said dividing line,
South 16 degrees 29 minutes 32 seconds West, 148.67 feet to a point; thence South Ol
degree 03 minutes 03 seconds East, 222.33 feet to a point; thence North 88 degrees 56
minutes 57 seconds East, 5 feet to a point; thence continuing along the same, North 88
degrees 56 minutes 57 seconds East, 186.60 feet to a point; thence North 16 degrees 35
minutes 24 seconds West, 274.27 feet to a point; thence North 16 degrees 29 minutes 32
seconds East, a distance of 73.10 feet to an iron pin; thence North 73 degrees 30 minutes
28 seconds West, 100.00 feet to the place of Beginning.
LOT No. 6-D
BEGINNING at a point at the dividing line between lots 6-B and 6-1); thence North 81
degrees 14 minutes 42 seconds East, a distance of 207.03 feet to an iron pin on the
western right-of-way of Old Gettysburg Pike; thence continuing along said right-of-way
FIN 255 PACE2643
on a curve to the left having a radius of 175.00 feet, an are length of 175.93 feet to a
concrete monument; thence continuing along the same, South 62 degrees 59 minutes 32
seconds East, a distance of 113.73 feet to a concrete monument; thence continuing along
the same on a curve to the right having a radius of 25.00 feet to an arc length of 63.97 feet
to an iron pin on the northern right-of-way of East Winding Hill Road; thence continuing
along said right-of-way on a curve to the left having a radius of 968.70 feet, an arc length
of 40.27 feet to an iron pin; thence continuing along the same, South 81 degrees 14
minutes 42 seconds West, a distance of 186.39 feet to an iron pin; thence continuing
along the same on a curve to the right having a radius of 791.65 feet, an arc length of
94.23 feet to an iron pin on said right-of-way at lands now or formerly of Melvin R.
Eaton; thence continuing along lands now or formerly of Melvin R Eaton, North 16
degrees 35 minutes 24 seconds West, a distance of 260.00 feet to an iron pin at the
common corner of Lot No.'s 6-13 and 6-D to a point, the place of Beginning.
BEING the same premises which Winding Hill Center, L. P., a Pennsylvania limited
partnership, by its deed dated November 25, 2002 and recorded on December 3, 2002 in
the Cumberland County Office of the Recorder of Deeds in Deed Book 254, Page 3950
granted and conveyed unto Michael Cherewka, Esquire, as Trustee of Homestead Trust
No. 5, a Grantor herein.
UNDER AND SUBJECT, NEVERTHELESS, to all building restrictions, zoning
regulations, easements, rights-of-way, reservations and restrictions, either or record or
visible on the property herein conveyed, and subject to all rights of and ownership in
public roads, streets, highways, whether or not opened.
LOT No. 6-C
BEGINNING at a concrete monument located on the southern line of Cumberland
Parkway at the end of the radius connecting said southern line of Cumberland Parkway
and the western line of Old Gettysburg Pike, thence along said radius by a curve to the
right having a radius of 25.00 feet and an arc length of 39.27 feet to a point on the
western line of Old Gettysburg Pike, thence along said western line of Old Gettysburg
Pike South 16 degrees 29 minutes 32 seconds West a distance of 28.27 feet to another
point on the western line of Old Gettysburg Pike, thence along the northern line of Lot
6-D and across a 30 foot wide drainage easement and a 30 foot wide sanitary sewer
easement, South 81 degrees 14 minutes 42 seconds West a distance of 207.03 feet to a
point, thence along the eastern line of Lot 6-B and along the western edge of said 30 foot
wide sanitary sewer easement and along the eastern line of a 20 foot wide water line
Book 255 PAGE2644
easement North 16 degrees 35 minutes 24 seconds West a distance of 159.58 feet to a
point, thence along the eastern line of said Lot 6-B and across said 30 foot wide sanitary
sewer easement North 16 degrees 29 minutes 32 seconds East a distance of 73.10 feet to a
point on the southern line of Cumberland Parkway, thence along said southern line of
Cumberland Parkway South 73 degrees 30 minutes 28 seconds East a distance of 236.75
feet to a point, the place of Beginning.
CONTAINING an area of 0.94 acres and is as shown on the Final Subdivision Plan Lot
No. 6, which plan was recorded October 2, 1989 at Plan Book 59, Page 38.
BEING a part of the same premises which R. Thomas Kline, Sheriff of the County of
Cumberland in the State of Pennsylvania, by Deed dated July 3, 1997 and recorded at
Cumberland County, Pennsylvania, in Deed Book 160, Page 616, granted and conveyed
unto Homestead Trust No. 5, Michael Cherewka, Trustee and Mid Penn Bank, Grantors
herein.
UNDER AND SUBJECT nevertheless to restrictions, conditions and easements of prior
record pertaining to said premises.
UNDER AND SUBJECT to the declarations in Miscellaneous Book 424, Page 929 and
in Miscellaneous Book 431, Page 1106.
UNDER AND SUBJECT to building setback lines, existing water line easement,
drainage easements and all other conditions in Plan Book 59, Pages 38 and 38A, Plan of
Cumberland Business Park.
UNDER AND SUBJECT to the condemnation in favor of PenDot in Deed Book 111,
Page 1008.
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 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
the said Parties of the First Part, 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 the appurtenances
unto the said Party of the Second Part, its successors and assigns to and for the only
proper use and behoof of the said Party of the Second Part, its successors and assigns
forever.
6" = PACE2695
AND the said grantors will Specially Warrant and Forever Defend the property hereby
conveyed.
In witness whereof, said Grantors have hereunto set their hands and seals, the day
and year first above written.
Sealed and delivered in the presence of.
ATTEST:
, ? tt 2
HOMESTEAD TRUST #5
By: AZ441/ Zwt ' Tri to
Michael Cherewka,Trvstee
ATTEST:
MID PENN BANK, A Pennsylvania
Bankin Corporation
By:
hn Murray, Vic President
Certfficate of Residence
I hereby certify, that the precise address of the grantee herein is as follows:
Coca Development, Ltd.
,;so yj_boA? P e? , d l a d
q?bo ou rrvxn/ oil-' it ?' 151
A#onwy for Grantors
OYJI?
BOOK 255 Pw2696
COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF (. An ??
On this `3 3 day of , 2W3, before me, a Notary Public,
the undersigned officer, personally appeared Michael Cherewka, Trustee, known to me
(or satisfactorily proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the purposes therein
contained.
In Witness Whereof, I hereunto set my hand and official seal.
Notary Public
Notarial Seal
Valerie S. Stadaddc, Notary Public I
, 6mptien Twp., Cumberland County
My COmmleslOn Expires Nov 90. 2004
Member, Ponnsyly ma Pssocaaflo'i c+ Nosric.:
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF
(?0J(-dj
OIL
•Qn this the.. a 3. day of 2i L-1 , 2003, before me, a Notary Public in and
forflie 6rttmorhvaeltb of Pennsylvania, the undersigned officer, personally appeared John
Murray, who acknowledged himself to be a Vice President of MID PENN BANK, a
corporation, and that he as such Vice President, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the
corporation by himself as the Vice President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
Notary Public
Notarial Seal
ie recorded alerie S. Stozat, Notary Public
amipden Twp., Cumberland CoontyN
.ounty PA My Commission Expires Nov 30, 20b4
Member, PernsyMrir: r,^;cr"'-",i?l;en ??r?? ?
b001( ZSS PAGf2w
...corder of Deeds
tom 255 tmE2648
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William A. Myers, Esquire
I.D. No. 204749
100 DeBartolo Place, Suite 400
Boardman, Ohio 44512
(330) 729-1010
Attorney for Owner
HEMPT BROS., INC.
Plaintiff
VS.
COCCA DEVELOPMENT, LTD
Defendant
To the Prothonotary:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 2005-5231
PRAECIPE FOR RULE TO
FILE COMPLAINT
Filed on behalf of Defendant,
Cocca Development, Ltd.
Please enter a rule upon Claimant to file a complaint within twenty (20) days of
service thereof or suffer the entry of judgment for the Owner.
Respectfully submitted,
tl-a?j?
WILLIAM A. MYERS
Attorney for the Owner
ID #204749
100 DeBartolo Place
Suite 400
Boardman, Ohio 44512
Phone (330) 729-1010
Fax (330) 729-1008
C_ f 4. 7
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c-n
t, 1%
William A. Myers, Esquire
I.D. No. 204749
100 DeBartolo Place, Suite 400
Boardman, Ohio 44512
(330) 729-1010
HEMPT BROS., INC.
Plaintiff
VS.
COCCA DEVELOPMENT, LTD
Defendant
TO HEMPT BROS., INC.:
Attorney for Owner
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 2005-5231
RULE
Filed on behalf of Defendant,
Cocca Development, Ltd.
You are hereby ruled to file a complaint within twenty (20) days after service
hereof or judgment will be entered in favor of the Owner.
n '2008 - 004t 4
Pro onotary -,-4' /