HomeMy WebLinkAbout01-05412
THE BOROUGH OF SHIREMANSTOWN,
Plaintiff
v.
THOMAS R. YOHE, JR.,
Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, ENNSYLVANIA
NO: O I ~ ~~ ~ ~. ~ L~
M.L.D.
The Borough of Shiremanstown, Plaintiff hereby files this claim against Thomas R. Yohe, Jr.,
Owner, and all that certain lot or piece of ground and improvements erected thereon known and
numbered as 117 South Locust Street, Shiremanstown, Pennsylvania 17011 for work and labor done
and materials furnished in removing and relaying concrete footway paving and removing and
rebuilding concrete curbing in front of said lot of ground; said work having been done under the
authority of an Ordinance passed by Council of the Borough of Shiremanstown being Part Twelve,
Chapter 2, Article A, Section 12-2009 and in pursuance of which Ordinance, and in accordance with
the Acts of Assembly, a contract dated May 20, 1998 was duly made and executed between the
Borough of Shiremanstown and the Pennsylvania Department of Transportation for doing said work,
which improvement was completed on December 7, 1999 and a certificate thereof duly filed by the
surveyor supervising said improvement in the Pennsylvania Department of Transportation, that being
the proper office in which to file the same and the Borough of Shiremanstown having been provided
with the actual cost of said improvement under the Contract by the Pennsylvania Department of
Transportation for the first time on or about Apri124, 2001. The following is a statement of the kind
and chazacter of the work so done and the price charged for the same namely:
Deed Property Frontage: 10.20 L.F.
Installed Curbing Length: 10.20 L.F.
Curbing cost (14.35/L.F.): $146.37
Installed Sidewalk Width: 5.00 L.F.
Installed Sidewalk Area: 5.67 S.Y.
Z
Sidewalk cost ($40.50x50%=$20.25/S.Y.): $114.82
Total Cost
$261.19
Which said sum of Two Hundred Sixty One and 19/100 Dollazs ($261.19) was duly assessed against
said above described premises on the 25a' day of Apri12001 and for which sum together with interest
at a rate of 10% per annum, penalties, reasonable legal fees and costs, a lien is claimed against the
above described premises agreeably to the provisions of the Acts of Assembly in such case made and
provided.
The said Owner was notified by the Council for the Borough of Shiremanstown to construct the
work in front of said property on February 10, 1997 by written notice to that effect served on said
owner and said Owner neglected to do for more than thirty (30) days after the service of said notice.
The Borough of Shiremanstown caused written notice to be served on the said registered
Owner, of the intention to file this claim unless the amount due the claimant for said work was paid
within one month from said notice by mailing via certified Unites States Mail, postage prepaid, return
receipt requested addressed to Thomas R. Yohe, Jr., at 117 South Locust Street, Shiremanstown,
Pennsylvania 17011 on June 20, 2001 prior to the filing of this claim.
Respectfully submitted,
THE BOROUGH OF
By: ~- l ~l eJ--~i
1 M. L debohm, Esquire, Borough Solicitor
upreme ourt ID # 59012
2109 Mazket Street
Camp Hill, PA 17011
(717)737-3405
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
CITY OF SHIREMANSTOWN : SS:
Kazl M. Ledebohm solicitor for the Borough of Shiremanstown, Plaintiff being duly sworn,
deposes and says that he is the Solicitor of the Borough of Shiremanstown, the above-named Claimant,
and that the facts set forth in the foregoing claim aze true to the best of his knowledge, information and
belief.
Sworn to and described before me this day of ~= 2001.
~(.~ _
of
Notarial Seal
Stacy L. Frick, Notary Public
East Pennshoro Twp., Cumberland County
C.P. No. My Commission Expires Jan. 12, 2004
Term, 2001
M.L.D
The City of Shiremanstown
to the use of
vs
Thomas R. Yohe, Jr.,
Owner
Premises:
117 South Locust Street, Shiremanstown, Pennsylvania 17055
Claim for $261.19 together with interest at the rate of 10% per annum, penalties, reasonable
legal fees and costs.
Karl M. Ledebohm, Esquire, Borough Solicitor
Saidis, Shuff, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
Attorney for Claimant
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THE BOROUGH OF SHIREMANSTOWN, : IN THE COURT OF COMMON PLEAS SEP ' -'""1
Plaintiff :CUMBERLAND COUNTY, ENNSYLVANIA
v : NO: 01-5412 MLD
THOMAS R. YORE, JR., A/K/A THOMAS
K. YOHE, JR.,
Owner M.L.D.
PETITION TO AMEND LIEN AND ORDER OF COURT
TO THE HONORABLE, THE JUDGES OF COURT:
The Petition of Karl M. Ledebohm, Solicitor for the Borough of Shiremanstown,
respectfully represents that in the municipal lien filed at the above number and term, the caption
and averment set forth in the first sentence of the first paragraph erroneously set forth the name
of the owner of the property as Thomas R. Yohe, Jr. by mistake, the correct name of the owner
of record being Thomas K. Yohe, Jr. and, therefore, prays that the said lien may be amended by
adding the following to the caption to correctly reflect the name of the owner of the property set
forth in the said lien as follows:
Thomas K. Yohe, Jr., Owner
and amending the name of the owner of the property set forth in the first sentence of the first
paragraph to correctly read Thomas K. Yohe, Jr.
The name of the owner as set forth above being Thomas K. Yohe, Jr., is the correct name
under which title to the property set forth in the said lien is held.
Respectfully submitted,
THE BOROUGH OP SHIREMANSTOWN
Date: ~{' By: ~ ~ ~ ~'w_
1 ~ ~ r-d ~ Karl . Ledebo ,Esquire, Borough Solicitor
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717)737-3405
Attorney for Plaintiff
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CUMBERLAND COUNTY, ss:
Before me, the undersigned authority, personally appeared Karl M. Ledebohm, Solicitor
for the Borough of Shiremanstown, who, being duly sworn, says that the facts set forth in the
foregoing Petition are true and correct and that by mistake they were omitted from the lien as
filed.
/Karl M~ Ledebohm, Esquire
1 Borough of Shiremanstown Sol~ici~tor~
Sworn to and subscribed before me this y of ~// , 2001.
ORD
AND NOW, this j_ y I
~a of ~~ 2001 upon consideration of the
Petition to Amend Lien and Order of Court it is hereby ordered and decreed that the lien filed in
the above-captioned matter be and is hereby amended to correctly reflect the name of the owner
of the property in the caption and the first sentence of the first paragraph as Thomas K. Yohe, Jr.,
pursuant to 53 P.S. §7188 and the owner as set forth in the lien filed to the above-captioned
matter is hereby corrected to read Thomas K. Yohe, Jr.
By the
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THE BOROUGH OF SHII2EMANSTOWN,
Plaintiff
v.
THOMAS R. YOHE, JR., A/K/A THOMAS
K. YOHE, JR.,
Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 01-5412 MLD
M.L.D.
PRAECIPE
TO THE PROTHONOTARY:
Please mark satisfied the lien filed in the above-captioned matter on September 17, 2001.
Respectfully submitted
Date: ~ ~ ~.Lq ~~/
SAIDIS, SHUFF, FLOWER & LINDSAY
~arl M. L/edebohm, Esquire,
orough Solicitor for the Borough of
Shiremanstown
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
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