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Home My WebLink About01-05294 RICHARD L. BARR EXCAVATING, IN THE COURT OF COMMON PLEAS OF INC., :CUMBERLAND COUNTY, PENNSYLVANIA Claimant v NO. 01-5294 MLD TERM S. A. CANDY and MAYNARD W. CANDY, :MECHANICS' LIEN Owners ~FFiAAV ti ar SERY/GE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) I, EDMUND J. GAGLIARDI, being duly sworn according to law depose and say: that I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE am an adult individual and a constable; that on October 9, 2001 at 11:30 a.m. I posted a Notice with an attached Mechanics' Lien Claim on improvements located at 1104 Kent Drive, Hampden Township; that a true and correct copy of the Notice and Mechanics' Lien Claim so posted is attached hereto and incorporated by reference herein as "Exhibit A"; that photographs taken by me depicting the posting on improvements are attached hereto and incorporated by reference herein as "Exhibit B' ;and that the foregoing facts are true and correct to the best of my knowledge, information and belief. Date: , ~`» ~~ Edmund J. Gagli i Pennsylvania Stat Constable n i Sworn to and subscribed before me this ~ / ~r' day of October, 2001. __ _ ~,~ ~,_:: NOTICE OF FILING OF MECHANICS' LIEN TO: S.A. GANDY AND MAYNARD W. GANDY NOTICE IS hereby given that a Mechanics' Lien Claim has been filed on September 10, 2001 in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to No. 01-5294, a true and correct copy of which Claim is attached hereto and made a part hereof. EXHIBIT A RICHARD L. BARR EXCAVATING, : IN THE COURT OF COMMON PLEAS OF INC, :CUMBERLAND COUNTY, PENNSYLVANIA Claimant ~ ~ h S. A. GANDY and MAYNARD W. __. GANDY, :MECHANICS' LIEN ~-',~=' ~^ -~ - - , -~ Owners :' -u `.- U~ ~ ~~ `' ; ~. ~` -_ MECHANICS' LIEN CLAIM y ~ _' __ _` ,., ~+ ~~ n Claimant Richard L. Barr Excavating, Inc., through its attorneys, Snelbaker;,Bren~eman -; <~ .~ & Spare, P. C., files this Mechanics' Lien Claim against the improvements and property at 1104 Kent Drive, Hampden Township, Cumberland County, Pennsylvania for the payment of a debt due to Claimant as a contractor for labor and materials famished by Claimant in the erection and construction of improvements. In support thereof, Claimant states as follows: 1. The Owners or reputed Owners of the property aze S. A. Gandy and Maynard W. Gandy with an address of 348 Newport Road, Duncannon, Pennsylvania 17020. 2. The improvements and property which are subject to this claim aze a two-story LAW OFFICES SNELEAKER. BRENNEMAN & SPARE residential dwelling with appurtenant land at 1104 Kent Drive, Hampden Township, Cumberland County, Pennsylvania, more fully described as follows: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the eastern dedicated right-of--way line of Kent Drive (60 feet wide) at the dividing line of Lot #580 and Lot #581; thence by the eastern dedicated right-of--way line of Kent Drive North 14 degrees 00 minutes 00 seconds West 85.00 feet to a point; thence by lands now or formerly of South Central Services Corporation, Hampden Squaze, and Chet Acker North 76 degrees 00 minutes 00 seconds East 125.00 feet to a point;. thence by same_South 14 degrees 00 minutes 00 seconds East 85.00 feet to a point; thence by line of Lot #580 South 76 degrees 00 minutes 00 seconds West 125.00 feet to a point, the Place of BEGINNING. BEING Lot No. 581 as shown on the Final Subdivision Plan of The Highlands of Hampden Squaze, Phase II, and recorded by the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 57, Page 144. ~ ''~RTIFY THAr -'-~!~ ~~ ~! T~~ ~~ Akin C "?SCZ COl''.' • "_ Ti-iE ODIC" F{'._sD IN IS C.S~ ~~~~~ A'{"~ oB~3~7 3. The labor and materials for which the debt is due were famished pursuant to an oral agreement entered into on or about May 7, 2001 with Owner, and agent of Owner S. A. Gandy, Maynard W. Gandy, under which the Claimant was to be paid the sum of $1,100.00. Due to Owners' insistence that a portion of the services to be provided by Claimant be completed contrazy to the specification of the private water utility servicing the property only a portion of the agreed upon labor and materials were provided, which labor and materials were provided at Claimant's standard rates and charges. 4. The labor and material furnished by Claimant consisted of the following: a. Labor: 8 hours of work for installation of a sanitary sewer lateral, including excavation, connection of lateral, airtest, back filling and rough grading by Richazd L. Barr at his standard hourly rate of $15.00; b. Materials supplied: (1) 60 feet of 4 inch PVC pipe; (2) 12.5 tons of 1B stone; (3) compressor and airiest equipment utilized; (4) backhoe utilized. See Invoice with itemized items described above attached hereto and incorporated herein as "Exhibit A". 5. The Claimant completed his work at the property on May 14, 2001, which is less than 4 months prior the filing of this claim. 6. Claimant has been paid nothing toward the debt due Claimant for the labor and materials and there is due and owing the amount of $873.12, for which claim is made hereby SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN ~ SPARE BY: Philip .Spare, °squire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Date: September 10, 2001 -2- n _ I .. RICHARD L. BAti'R L~YCAYAT/NG, /NC. 6996 W.sRrzYfC.c~'RoAn MECHANICSeuFtG, PA 17055 ~/OICe: (717) 691-5856 Fax (717) 691-5672 Sold To: Maynard Gandy 348 Necapozt Road Duncannon, PA invoice Invoice Number. 173 Invoice Date: May 15, 2001 Page: 1 Customer fD Method of Payment Pavment Terms CANDY I Cash, Check, Vsa or MasterCard NET DUE UPON RECESPT .~ Quantity Item Description Unit Price Extension INSTALLATION OF SANITARY SEWER LATERAL FOR NEW RODSE AT 1104 RENT DRIVE 800.00 `a , t~a ~-o ~ C~1 ouGB ~ l i f3 S ~on~e C rfe-m~+J i ~-1. ~ &' ~oY+1~i`eSSp~ L ,~. ~~«, ~ £ A1r1 e5 p Q. o„ 8' hrs ~ ,so ~ oo. ~ v j ao. 0 0 ~ po. oD a ft~k}~oe - g~3, lz Subtotal soD.oD Sales Tax TotallnvotceAmount eaD.oo EXHIBIT A ~, VERIFICATION I, Richard L. Barr, President of Richard L. Barr Excavating, Inc. hereby verify that the statements made in the foregoing Mechanics' Lien Claim aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unswom falsification to authorities. Date: p _ / G , ~ IAW OFFICES SNELBAKER. BRENNEMAN & SPARE ;. 4 t EXIIIBIT B i$6'~+tia-s~"°b~4i€ ~ '*.£Nalra ¥as;~. _ a. .:~^,.,,, .zua~ , ; ••':~•w'u~ e'.+'wc~rwx:1:~" i ~ _ ___ "~~ `.''._ '- _ -„ , ~' ~ y - - ~ 4 t.` Yyw y. .. ~. - RICHARD L. BARR EXCAVATING, IN THE COURT OF COMMON PLEAS OF INC., :CUMBERLAND COUNTY, PENNSYLVANIA Claimant v. N0. O~ - 524/ ~/.,~ < J S. A. GANDY and MAYNARD W. GANDY, :MECHANICS' LIEN Owners MECHANICS' LIEN CLAIM Claimant Richard L. Barr Excavating, Inc., through its attorneys, Snelbaker, Brenneman & Spare, P. C., files this Mechanics' Lien Claim against the improvements and property at 1104 Kent Drive, Hampden Township, Cumberland County, Pennsylvania for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the erection and construction of improvements. In support thereof, Claimant states as follows: 1. The Owners or reputed Owners of the property are S. A. Gandy and Maynard W. Gandy with an address of 348 Newport Road, Duncannon, Pennsylvania 17020. 2. The improvements and property which are subject to this claim are atwo-story residential dwelling with appurtenant land at 1104 Kent Drive, Hampden Township, Cumberland County, Pennsylvania, more fully described as follows: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of--way line of Kent Drive (60 feet wide) at the dividing line of Lot #580 and Lot #581; thence by the eastern dedicated right-of--way line of Kent Drive North 14 degrees 00 minutes 00 seconds West 85.00 feet to a point; thence by lands now or formerly of South Central Services Corporation, Hampden Square, and Chet Acker North 76 degrees 00 minutes 00 seconds East 125.00 feet to a point; thence by same South 14 degrees 00 minutes 00 seconds East 85.00 feet to a point; thence by line of Lot #580 South 76 degrees 00 minutes 00 seconds West 125.00 feet to a point, the Place of BEGINNING. LAW OFFICES BEING Lot No. 581 as shown on the Final Subdivision Plan of The Highlands of sNE~RAKER. Hampden Square, Phase II, and recorded by the Recorder of Deeds in and for Cumberland BRENNEMAN Nf SPARE County, Pennsylvania, in Plan Book 57, Page 144. -~ ~ M 3. The labor and materials for which the debt is due were furnished pursuant to an oral agreement entered into on or about May 7, 2001 with Owner, and agent of Owner S. A. Gandy, Maynard W. Gandy, under which the Claimant was to be paid the sum of $1,100.00. Due to Owners' insistence that a portion of the services to be provided by Claimant be completed contrary to the specification of the private water utility servicing the property only a portion of the agreed upon labor and materials were provided, which labor and materials were provided at Claimant's standard rates and charges. 4. The labor and material furnished by Claimant consisted of the following: a. Labor: 8 hours of work for installation of a sanitary sewer lateral, including excavation, connection of lateral, airtest, back filling and rough grading by Richard L. Barr at his standard hourly rate of $15.00; b. Materials supplied: (1) 60 feet of 4 inch PVC pipe; (2) 12.5 tons of 1B stone; (3) compressor and airtest equipment utilized; (4) backhoe utilized. See Invoice with itemized items described above attached hereto and incorporated herein as "Exhibit A". 5. The Claimant completed his work at the property on May 14, 2001, which is less than 4 months prior the filing of this claim. 6. Claimant has been paid nothing toward the debt due Claimant for the labor and materials and there is due and owing the amount of $873.12, for which claim is made hereby. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Philip .Spare, Esquire LAW OFFICES 44 W. Main Street SNELBAKER. Mec'-aniesbnrg, PA 17055 BRENNEMAN & SPARE (717) 697-8528 Attorneys for Claimant Date: September 10, 2001 -2- .L r . .l$F~'/~ARD L. BARR EXCAYAT/NG, /NC. 6996 WERrzYP 7 F ROAD ME'CHAN/CSBUJ7G, PA f70.7.~s `/OICe: (717) 691-5856 Fes; (71'7) 691-5672 ~lalvoice Invoice Mumber. 173 Invoice Date_ May 1S, 2001 Page: 1 Sotd To: Maynard Gandy 398 Nes~port Road Duncannon, PA Customer ID Method of Payment Payment Terms GANDY ~ Cash, Check, Vsa or MasterCard NET DUE UPON RECEIPT Quantity item Description Unit Price Extension INSTALLATION OF SANITARY SEWER LATERAL E'(JR NEW HODSE AT 1104 RENT DRIVE 800.00 C^1 oUGB ~ + ~or't~t'eSSor' £ f}rrie5~ EQtAIp~ ~{5e3 S' ht-S ~ ~p ~ 1U0.t7t) ~a.a.DO 3RCk~oe ~- $~t3,1?r Subtotal soo.oo Sales Tax Total4rvoiceAmount eoo.oo EXHIBIT A v~l .r ~, ~_ t~' VERIFICATION I, Richard L. Barr, President of Richard L. Barr Excavating, Inc. hereby verify that the r~ statements made in the foregoing Mechanics' Lien Claim are true and correct. I understand that ~~' ' ~~9 1 false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to ~{~ -' unsworn falsification to authorities. r Date: q _ /~ ~ Q LAW OFFICES SNELBAKER. BRENNEMAN BL SPARE 'V ; ~ w-..• ~ 4'. ~~ T1 C7 ~r~ .~._ .r. W ~~. ~ ~ ua...: {<,, .~ ~ / ~ C.- ~~, ~ v ~; a.~ ~,, G~ _ -. ~ :' ~_ ,,>} h) ;jr~t T ~v ~ CTJ -~ RICHARD L. BARB EXCAVATING, INC., Claimant v. S. A. GANDY and MAYNARD W GANDY, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5294 MLD TERM MECHANICS' LIEN PRAECIPE TO THE PROTHONOTARY: Please mark the Mechanics' Lien Claim entered in the above-captioned matter satisfied upon your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Richard L. Barr Excavating, Inc. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Date: October 30, 2001 T ~y, q[~ I' 11 `(~ \1 ~\ t/1J .~\ Cl \e~ V~ °~ c~ ~, > .__ ,: ,~ ' ; "'r c A J ~ ' <~ _ -' .1-^ ~"' tf~ ' ~ r~ !` ,',~ S ..~.,.~ ... I .I. ,. - ~ .~....;-_.r_ ~~ _u " SHERIFF'S RETURN - OUT OF COUNTY ' CASE NO: 2001-05294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARR RICHARD L EXCAVATING INC VS CANDY S A ET AL EXCAVATING R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER CANDY S A but was unable to locate Him in his bailiwick deputized the sheriff of PERRY serve the within MECHANICS LIEN CLAIM to wit: He therefore County, Pennsylvania, to On October 15th 2001 this office was in receipt of the attached return from PERRY . . / Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 Surcharge 10.00 omas Kline Dep Perry Co 42.70 Sheriff of Cumberland County .00 79.70 10/15/2001 SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this ~ day of ~ef~~w ~.? o-D ~ A . D . ~~-- (' hz~~ .c~ ti Prothonot r .~ _ _. _ t - ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARR RICHARD L EXCAVATING INC VS CANDY S A ET AL EXCAVATING R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER CANDY MAYNARD W but was unable to locate Him in his bailiwick deputized the sheriff of PERRY serve the within MECHANICS LIEN CLAIM to wit: He therefore County, Pennsylvania, to On October 15th 2001 this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/15/2001 SNELBAKER BR: So answe . Thomas K1' e Sheriff of Cumberland County SPARE Sworn and subscribed to before me this /7~ day of @~„~,,_, An.D. gyn., Prothonota~~ -, ~a;< T~e ~~x°t ®f C~>~m~n Plus ~f Cu belrlanri ~~e~~aty, Pe1a syl~a~ia Richard L. Barr Excavating, Inc. VS. S.A. Gandy et al SERVE: Maynard W. Gandy I~70. Ol 5294 MLD Now, September zo, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ «~ r ~ Sheriff of Cumberland County, PA Af~`id~vit ®f Service Now, oct. 9, 20 01 , at 1:00 o'clock p M. served the Within Mechanics Lien upon Maynard W. at 348 Newport Rd. Duncannon, Pa. 17020 by handing to Maynard Gandy a True & Attested copy of the original Mechanics Lien and made known to Him the contents thereof. So answers, Ja Wilson Depu heriff of perry County, PA COSTS Sworn and subscribed. before SERVICE me this day of OC`(~e~ , 20~ MILEAGE ~p ~~9it 2 ~~ tT AFFIDAVIT NOTARIALSFAL N7ARGARETEFiICKINGER,NOTARYPUBLIC BLOOMFlELDBORD.,PERRY000NTY ATlCOMMISStON EAPIRES FE8.16 2004 Y w In The Court of Coanrnon fleas of Cuanherpad C®unty, Pennsylvania Richard L. Barr Excavating, Inc. VS. S.A. Gandy et al SERVE: S. A. Gand Y No. Ol 5294 MLD Now, September 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~~Y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,~~.' d,:,~~ Sheriff of Cumherland County, PA Affidavit ®f Service Now, October 9, 20 01 at within Mechanics Lien upon S. A. Gandy at 348 Newport Rd. Duncannon, Pa. by handing to Maynard w. Gandy a True & Attested and made known to Him 1 :00 o'clock P M. served the 17020 copy of the original Mechanics Lien the contents thereof. So answers, James Wilson Deputy eriff of Perry County, PA i COSTS Sworn and subscribed before SERVICE _ me this ~ day of ~~ , 20~_ MILEAGE _ AFFIDAVIT NOTARIAL SEAL MARGARET F. fLIGKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNN MYCOMMISS!ON EHPIRESFEBel6 2004