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Home My WebLink About05-6287 ~ .. WAYNE F. SHAOE Attorney at Law 53 West Pomtret Street Carlisle, Pennsylvania 17013 GEORGE L. EBENER & ASSOCIATES, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05- i,,1.n CIVIL TERM OGAL J. SMITH, Owner : COMMERCIAL REAL ESTATE : BROKER LIEN COMMERCIAL REAL ESTATE BROKER LIEN CLAIM Claimant GEORGE L. EBENER & ASSOCIATES, through its undersigned counsel, files this claim against the real estate premises situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described in Cumberland County Deed Book "F", Volume 22, Page 259 (hereinafter the "subject premises"), for the payment of a debt due to Claimant as commercial real estate broker for Owner. In support of the claim, Claimant makes the following statement: 1. The owner of the subject premises is Ogal J. Smith who resides at 1281 East Royal Palm Way, Boca Raton_ Florida 33432-7547, and 3334 Dellinger Acres Road, Edinburg, Virginia 22824. 2. On July 14,2005, Owner engaged Claimant as the agent for the sale of the subject premises under a written Listing Contract Exclusive Right to Sell Real Estate. . , WAYNEF. SHADE Attom!;:y at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3. Under the Listing Contract Exclusive Right to Sell Real Estate, Owner agreed to pay Claimant a commission of six (6%) percent of the sales price if Claimant found a buyer who was ready, willing and able to purchase the subject premises for the listed pnce or more, 4. On July 22, 2005, Owner signed an agreement dated July 16,2005, whereby Owner agreed to sell the subject premises to buyers who were found by Claimant. 5. On December 1,2005, counsel for Owner advised counsel for Claimant that Owner did not intend to pay the agreed commission to Claimant. 6. A copy of the Notice of Commercial Real Estate Broker Lien is attached hereto. Date: December 7, 2005 w~~a{=- Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Claimant WAYNE f. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 GEORGE L. EBENER & ASSOCIATES, Claimant : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 05- CIVIL TERM OGAL J. SMITH, Owner ; COMMERCIAL REAL ESTATE : BROKER LIEN NOTICE OF COMMERCIAL REAL ESTATE BROKER LIEN TO: Ogal J. Smith Roger L. Hosfel1 Rine/Rine Builders This is to advise you that George L. Ebener & Associates (Real Estate License No. RB040006A) is asserting its right to a Commercial Real Estate Broker Lien in the amount of Forty-Two Thousand and No/IOO ($42,000.00) Dollars for compensation under the terms set forth in the written contract dated July 16, 2005, between yourself as Seller and Roger L. Hosfelt and Rine/Rine Builders as Buyer for the premises described as 87.208 acres, more or less, at Gilbert Road and Walnut Dale Road in Southampton Township, Cumberland County, Pmnsylvania, more particularly bounded and described in Cumberland County Deed Book "F", Volume 22, Page 259. Notwithstanding the Commercial Real Estate Broker Lien, you may still proceed to closing with the Buyer if an escrow account is established from the proceeds from the transaction in the amount of Forty-Two Thousand and No/JOO ($42,000.00) Dollars. The fact that an escrow account would be required to complete closing would not be a cause WAYNEf.SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 for any party to the contract to refuse to close the transaction. The monies would be held in escrow until the parties' rights to the escrowed monies will have been detennined 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 Forty-Two Thousand and No/IOO ($42,000.00) Dollars being escrowed, a release of the claim for lien shall be provided by George L. Ebener & Associates. The parties are not required to follow the escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to George L. Ebener & Associates in the transaction. If it should be necessary for George L. Ebener & Associates to bring suit to enforce the lien, the cost ofthe proceedings, including reasonable attorney fees and prejudgment interest due to the prevailing party, shall be borne by the non-prevailing party. Date: December 7, 2005 c::t/. ~ ~ Wayne ~e, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 7] 7-243-0220 Attorney for Claimant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I, GARY L. SHULENBERGER, verifY that I am a General Partner of George L. Ebener & Associates, a Pennsylvania general partnership, that I make this verification on its behalf being authorized to do so and that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of]8 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: December 7, 2005 GEORGE L. EBENER & ASSOCIATES ~ By:~/~ . ~ . Gary L. Shulenberger, Partner <7' -7'0 0 - -, J .......::..') \:zl:. ~ ',-\--, ,A, 'J ,..-0 -' ',,,) ~ ~, \i2 --.J. <;..., n , '':: -L. ;;,.,.. ,"" r-1 t ~,_., _...1 \' ") WAYNE F. SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania 170/3 GEORGE L. EBENER & ASSOCIATES, Claimant v. OGAL J. SMITH, Owner TO: Curtis R. Long, Prothonotary : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05-6287 CIVIL TERM : COMMERCIAL REAL ESTATE : BROKER LIEN PRAECIPE Please mark the docket in the above-captioned matter "Settled and Discontinued" with costs on the Claimant. Date: January 30, 2006 Wa~~d~ Attorney for Claimant ~ [":) -(A. (') "" c c"" 0 ~ :.~~ c::::-> " ,::;;..... 'Tl to, '- :r! t () :1"'''' Z en:!) --- () w -C!Fn "'-J ..... Cl ,60 W ~ ~ -0 ::;(~) ,1: =+l ~ i:S -,-.->' ';20 --.,~ ~ (jm ':..:\ -.; ", J;:" :t ::c Ul -< t- ~