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HomeMy WebLinkAbout07-1854GUY A. ECKERT, t/d/b/a IN THE COURT OF COMMON PLEAS OF AARON L. POTTEIGER & SON, CUMBERLAND COUNTY, PENNSYLVANIA Claimant VS. NO. 2007 TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, Owners MECHANICS LIEN MECHANICS' LIEN CLAIM 1. The Lien Claimant is Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son, filing as a contractor, having its principal place of business at 475 Sample Bridge Road, Enola, Cumberland County, Pennsylvania. 2. The Owners are Timothy W. Krader, Sr., adult individual and Joann J. Perloski, adult individual, who are the owners of certain real estate having erected thereon a dwelling house being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050, Tax Parcel No. 38-22-0135-009, a copy of the Deed for said real estate is attached hereto, marked Exhibit "A" and incorporated herein. 3. The Lien Claimant contracted directly with the Owners by virtue of an oral agreement which is evidenced by a proposal dated October 26, 2006 by the Lien Claimant, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein. 4. The Lien Claimant completed the work required by virtue of the above-referred to proposal, which was orally accepted by the Owners prior to commencement of the work. The work was completed on December 5, 2006. 5. The nature and type of work performed pursuant to the agreement involved the installation of a new 1,000 gallon septic tank, including all materials and labor required to finish said installation, all as set forth in the above-referred to proposal. 6. The costs incurred for the labor and materials furnished were calculated pursuant to the above-referred to proposal, which proposal was accepted and agreed to by the owners. 7. The Lien Claimant submitted the following invoice to the Owners upon completion of the work: Invoice No. 06-163 dated December 5, 2006 in the amount of $2,850.00. A copy of said Invoice is attached hereto, marked Exhibit "C" and incorporated herein. 8. The amount claimed for labor and materials furnished is $2,850.00 plus interest at the rate of 1 1/2% per month resulting in a total due and owing through the date of this Mechanics' Lien Claim of $2,978.25. 9. The labor and materials furnished and described hereinabove substantially benefitted the Owners real estate, said being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, said property being more fully -2- described by dated April 22, 2005 and recorded April 29, 2005 in the Cumberland County Recorder of Deeds Office in Deed Book 268, Page 3140, a copy of said deed being attached hereto, marked Exhibit "A" and incorporated herein. 10. This lien is claimed from November 29, 2006, the date upon which the Lien Claimant commenced work at the within described premises of the Owners. WHEREFORE, Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son, the Lien Claimant herein, files this lien in the amount of $2,978.25 against the fee simple interest of real estate of the Owners, Timothy W. Krader, Sr. and Joann J. Perloski, said property being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, said property being more fully described herein. DATE : 4 N(m JAmes D. og r, Esquire One West M in Street Shiremansto , PA 17011 (717) 737-8761 Attorney for Lien Claimant -3- VERIFICATION I verify that the statements made in this Mechanics' Lien Claim are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. AARON L. POTTEIGER & SON DATE: 4164107 By: Guy A. Eckert 1141AI?? COPY THIS DEED, 2005 APR 29 An 10 12 10. MADE THE '11 ^A day of Ap,-, I in the year of our Lord two thousand and five (2005) BETWEEN LISA K. ROHRER and JEFFREY E. ROHRER, her husband, of Mechanicsburg, Cumberland County, Pennsylvania, Grantors, and TIMOTHY W. KRADER, SR., adult individual and JOANN J. PERLOSKI, adult individual, as Grantees, WITNESSETH, that in consideration of---------------------------------- -------One Hundred Seventy-Five Thousand ($175,000.00)----------Dollars in hand paid the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, as joint tenants with right of survivorship. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Konhaus Road (T-566) at the Northeast corner of Lot No. 14, as shown on the hereinafter mentioned Plan of Lots; thence by the center line of said road, North 01 degrees 51 minutes 40 seconds West one hundred thirty-five and seventy-five one- hundredths (135.75) feet to a point; thence by the same, North 02 degrees 34 minutes 40 seconds West, twenty-five and twenty-nine one- hundredths (25.29) feet to a point; thence by the dividing line between Lots Nos. 15 and 16, South 87 degrees 42 minutes 54 seconds West, two hundred twenty-two and ninety-eight one-hundredths (222.98) feet to a point; thence by the dividing line between Lot No. 15 and Lots Nos. 17 and 18 on said Plan, South 17 degrees 03 minutes 02 seconds West, one hundred sixty-eight and fifty-eight one-hundredths (168.58) feet to a point; thence by the dividing line between Lots Nos. 14 and 15 on said Plan, North 88 degrees 08 minutes 20 seconds East, two hundred seventy- seven and ninety-three one-hundredths (277.93) feet to a point, the place of BEGINNING. BEING Lot No. 15 on the' Plan of lots of Clepper Farms, Inc., which Plan is recorded in Cumberland County Recorder's Office in Plan Book 21,Page 68. -0 13S--WT B+?UK 268 PAUEA40 EXHIBIT owr-)eaL,J,o co, "All J a HAVING THEREON ERECTED a bi-level brick and aluminum siding dwelling numbered 193 Konhaus Road. BEING the same premises which Dolores V. Brandt and Earl J. Brandt, her husband, by their deed dated December 1, 2000 and recorded in the Cumberland County Recorder of Deeds Office in Book 257, Page 2108, granted and conveyed unto Lisa K. Rohrer and Jeffrey E. Rohrer, her husband, Grantors herein. umberland Eaunt Retolrrler 0 Ueeds ?7SfiFllde:' !:? j39 R2=e1;'t,% 50569 Ia}r# ?!?G5-siu;,'`_1'?'L? 1 0.s3:57 CRANE tRA?E?: DEED 11.50 HEED - WRIT .50 DEED - RT1 STATE 1"`0.00 14; .°ER-AND VAL! E E7?.00 ' iLVER SrRX-3 NF S"5.00 DEED 11.51 •3.1.5. MA. ?'1..'0 :t MPROVEMN RD i. a ti J L. TMF*FVMT PAD, 1!V 1 97 -'-t' ?6? 'i'?0s3J And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. ? ?` 8 PAGE3141 IN WITNESS WHEREOF, said grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of LAIC. ROHRER MIr E. RO R State/Commonwealth of ss. County of On this, the 6?3-A--rC day of 2005, before me, the undersigned officer, personally appeared Lisa E. Rohrer E. Rohrer, her husband, known to me (or satisfactorily prove persons whose names are subscribed to the within instn* acknowledged that they executed same for the purposes therei, IN WITNESS WHEREOF, I hereunto set my hand and offs COMMONWEALTH OF PENNSYLVANIA NOWW Seal Anna Marie Mader, Not" Public H NTVCIen Twp.. Ci mberlarxd County My Conviiesion ExpUes Mg. 16, 2008 Member. Pennsylvania Association OF Notarlas State/Commonwealth of County of Title of Officer On this, the day of , 2005, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Title of Officer. WOK 268 PAGE3i42 -To?, C L_ t?kj do hereby certify that the precise residence and complete post office address of the within named grantee is iv3 /j f-a. Mc<<.n:? s )1 f / 7040 Attorney for COMMONWEALTH OF PENNSYLVANIA County of RECORDED on this day of A. D. 2005, in the Recorder's office of the said County, in Deed Book Vol. , Page Given under my hand and the seal of the said office, the date above written. ;.?, ')e recorded County PA 11 ecorder of Deeds ??68 Pk 314/)--16 ss. Recorder. PROPOSAL Aaron L. Potteiger & Son 475 Sample Bridge Road Enola Pa. 17025-1025 Phone (717) 795-9107 Fax (717) 795-7207 CUSTOMER: Mr.& Mrs. Tim Krader 193 Konhas Road Mechanicsburg Pa. 17050 Job Location: and start time: 193 Konhas Road Silver Springs Township. Start time 1st or 2°d week of November (Weather Permitting). Job Description: Install new 1250 gal septic tank. To include all materials and labor from start to finish. 1. Call Pa. One call before work is started. 2. Pay for Township repair permit. 3. Have Advance septic pump existing tank. 4. Placement of one new 1000 gal 2 compartment septic tank. 5. Dig up and inspect lines from house to tank and from tank to distribution box. 6. Replace if needed. 7. Place risers on top of tank to finish grade. 8. Have Silver Springs Township Sewer Enforcement officer inspect tank. 9. Back fill and haul any and all left over materials off site. 10. Rock hound and or run a Pre- seeder over all areas disturbed. EXCLUSIONS: Rock Removal. (Blasting or Hydraulic hammering) Top- soil if needed JOB COST: $2,850.00 to include all materials and labor including $ 150.00 township repair permit. W QE EXHIBIT J W "D" N i? J E J PROPOSAL AARON POTTEIGER & SON 475 SAMPLE BRIDGE ROAD ENOLA PA 17025 All prices will be honored if proposal is signed and returned in 15 days from receipt. We propose herby to furnish all materials and labor to complete this installation to the above specifications. All work is guaranteed for One year from date of installation on materials and workmanship. Any alteration or deviations from the above specifications involving extra cost will be executed only upon written orders from customer. And will become an extra charge over and above the proposal. Any UN paid balances over 30 days will be charged 2 % interest on balance. Any UN paid balances over (30) thirty days will be turned in for collection with reasonable attorneys fees and filing fee add to unpaid balance. This Proposal when accepted by the buyer in the said period set out in this agreement. Will constitute a bona fide contract between us, subject to all terms and conditions. Contractor Signature 1048-2006 Guy A Eckert / Aaron L. Potteiger & Son Date: Customer Signature: Date: Aaron L. Potteiger & Son 475 Sample Bridge Road Enola, PA 17025-1025 Invoice DATE INVOICE # 12/5/2006 06-163 P.O. NO. TERMS PROJECT Krader Due on receipt QTY DESCRIPTION RATE AMOUNT 1 replace septic tank at 193 Konhaus Road and D box and pipe 2,850.00 2,850.00 , Thank you for you bussiness. Please return one copy of this invoice with payment. Total $2,850.00 1.5 % intrest will be added after 30 days a :EXHI:BIT] W J W Q J J Q C> O -n sue. `A' lr1 ? - ? V-``Y .4n t.n A mil v (A? ]f„ y __` ? ? W ? ? GUY A. ECKERT, t/d/b/a AARON L. POTTEIGER & SON, Claimant VS. TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - '85-q Mil) MECHANICS LIEN NOTICE OF FILING OF MECHANICS' LIEN CLAIM TO: TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, OWNERS: TAKE NOTICE that a Mechanics' Lien Claim has been filed against premises being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, for the sum of $2,978.25. Said lien is filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above-captioned term and number, and was filed on April 4 , 2007. A copy of said claim is attached hereto and incorporated herein. AARON L. POTTEIGER & SON DATE: 4/4/07 By: / Guy A. Eckert DATE: 4/4/07 By 4ae A. fjar, Esquire Attorney Lien Claimant o C 7 ? = ' d7 tT y? t 'rj rp-F na ..,r I . 1 GUY A. ECKERT, t/d/b/a IN THE COURT OF COMMON PLEAS OF AARON L. POTTEIGER & SON, CUMBERLAND COUNTY, PENNSYLVANIA Claimant VS. NO. 2007 - 1854 TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, Owners MECHANICS LIEN AFFIDAVIT JAMES D. BOGAR, ESQUIRE, being duly sworn according to law deposes and says that on April 5, 2007, Timothy W. Krader, Sr. and Joann J. Perloski, were served the attached Notice of Filing of Mechanics' Lien Claim by the Cumberland County Sheriff, all pursuant to the attached two (2) Sheriff's Returns. Ja es D. B r, Esquire Attorney fo Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son SWORN to and subscribed before me this )6+ day of 2007. C Y11'? l D -'? ? ?.U1 11-??l?Vl-'?? Notary Public My Commission Expires: MMONYIEALYNOF PENNSYLYANUI NOTARIAL SEAL WRIE L. MLUAMS, NOTARY FOLIC =IBREMANSIbWN BORO., CUMBERLAND CIL W COMMISSION EXPIRES APRIL 18, 2009 ( h CASE NO: 2007-01854 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/B/A AARON L P VS KRADER TIMOTHY W SR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon T=T n= rPTMnrPWV Tn7 CT? the OWNER , at 1940:00 HOURS, on the 5th day of April , 2007 at 70 KONHAUS ROAD MECHANICSBURG, PA 17050 by handing to TIMOTHY W KRADER SR a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.60 63 10.00 R. Thomas Kline .00 38.23 04/10/2007 JAMES D BOGAR By: day D pu y S r A.D. SHERIFF'S RETURN - REGULAR 1 - , CASE NO: 2007-01854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/B/A AARON L P VS KRADER TIMOTHY W SR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon nLOUT nc VT _Tn7TT1-TT .7 the OWNER , at 1933:00 HOURS, on the 5th day of April 2007 at 193 KONHAUS ROAD MECHANICSBURG, PA 17050 by handing to JOANN PERLOSKI a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.60 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/10/2007 JAMES D BOGAR By: ;?/- d,/ D pu y iff A. D. . V GUY A. ECKERT, t/d/b/a AARON L. POTTEIGER & SON, Claimant VS. TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -I gsy MECHANICS LIEN NOTICE OF FILING OF MECHANICS' LIEN CLAIM N C7 © o u ? T1 i TO: TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, OWNERS: TAKE NOTICE that a Mechanics' Lien Claim has been filed against premises being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, for the sum of $2,978.25. Said lien is filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above-captioned term and number, and was filed on April 4 , 2007. A copy of said claim is attached hereto and incorporated herein. AARON L. POTTEIGER & SON DATE: 4/4/07 By; Guy A. Eckert dAZVZt_ DATE: 4/4/07 B 4Jme?sA. (jar, Esquire Attorney Lien Claimant !`?? r^? ?r ! y.x ?? . ? r? f? ,?, ` .. ? . -r ? .. t? ,.. , f?. ? 4 ? ?? C.«w fb-. I SHERIFF'S RETURN - REGULAR CASE NO: 2007-01854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/B/A AARON L P VS KRADER TIMOTHY W SR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon KRADER TIMOTHY W SR the OWNER at 1940:00 HOURS, on the 5th day of April 2007 at 70 KONHAUS ROAD MECHANICSBURG, PA 17050 by handing to TIMOTHY W KRADER SR a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Postage .63 Surcharge 10.00 .00 y/i??b 7 L ? 3 8. 2 3 Sworn and Subscibed to before me this day of , So Answers: 11,1? r2 R. Thomas Kline 04/10/2007 JAMES D BOGAR By. )?Pu(y S r A. D. ?-. 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/B/A AARON L P VS KRADER TIMOTHY W SR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon PERLOSKI JOANN J the OWNER , at 1933:00 HOURS, on the 5th day of April 2007 at 193 KONHAUS ROAD MECHANICSBURG, PA 17050 by handing to JOANN PERLOSKI a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing S i 6.00 s' erv ce 9.60 -? - Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ,'/oJ67 . ? 25.60 04/10/2007 JAMES D BOGAR Sworn and Subscibed to By: before me this day D pu y iff of , A.D. T GUY A. ECKERT, t/d AARON L. POTTEIGER VS. TIMOTHY W. KRADER, JOANN J. PERLOSKI, /b/a IN THE COURT OF COMMON PLEAS OF & SON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 0 7- CIVIL TERM SR. and Defendants CIVIL ACTION MECHANICS' LIEN N O T I C E Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 Jades D. ga Esquire Pa. I.D. NT. 11475 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must tape action within twenty (20) days after this complaint and notice are served, by enter- ing a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. GUY A. ECKERT, t/d AARON L. POTTEIGER VS. TIMOTHY W. KRADER, JOANN J. PERLOSKI, /b/a & SON, Plaintiff SR. and Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. () 7 ° / FSy CIVIL TERM CIVIL ACTION MECHANICS' LIEN COMPLAINT 1. Plaintiff, Guy A. Eckert, is an adult individual trading and doing business as Aaron L. Potteiger & Son, having its principal place of business at 475 Sample Bridge Road, Enola, Cumberland County, Pennsylvania. 2. Defendants, Timothy W. Krader, Sr. and JoAnn J. Perloski, are adult individuals, both having an address of 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050. 3. Plaintiff filed a mechanic's lien claim on April 4, 2007, in the Court of Common Pleas of Cumberland County at No. 2007-1854/ Mechanics Lien, a time-stamped copy of which is attached hereto, marked Exhibit "A" and incorporated herein. 4. The amount of Plaintiff's claim is $2,978.25. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $2,978.25 with interest from April 4, 2007, and along with costs and attorney's fees. Dated: a11RI01 By: C/ /&4GA, - J es D. Bo (?Ji Esquire Pa. I.D. No 475 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son -2- VERIFICATION The statements made in the foregoing Complaint are based upon information which I have given to my counsel and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penal- ties of 18 Pa.C.S.§4904 relating to unsworn falsification to authori- ties. Date: M+" -1R - ;.0(7,f GUY A.'ECKERT, t/d/b/a Aaron L. Potteiger & Son GUY A. ECKERT, t/d/b/a IN THE COURT OF COMMON PLEAS OF AARON L. POTTEIGER & SON, CUMBERLAND COUNTY, PENNSYLVANIA Claimant VS. NO. 2007 TIMOTHY W. KRADER, SR. and C-3 C_- o JOANN J. PERLOSKI, ` Owners MECHANICS LIEN MECHANICS' LIEN CLAIM ' C 1. The Lien Claimant is Guy A. Eckert, t/d/b/a Aaio?i L 9P - CD Potteiger & Son, filing as a contractor, having its principal place of business at 475 Sample Bridge Road, Enola, Cumberland County, Pennsylvania. 2. The Owners are Timothy W. Krader, Sr., adult individual and Joann J. Perloski, adult individual, who are the owners of certain real estate having erected thereon a dwelling house being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050, Tax Parcel No. 38-22-0135-009, a copy of the Deed for said real estate is attached hereto, marked Exhibit "A" and incorporated herein. 3. The Lien Claimant contracted directly with the Owners by virtue of an oral agreement which is evidenced by a proposal dated October 26, 2006 by the Lien Claimant, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein. 4. The Lien Claimant completed the work required by virtue of the above-referred to proposal, which was orally accepted by the Owners prior to commencement of the work. The work was completed on December 5, 2006. 5. The nature and type of work performed pursuant to the agreement involved the installation of a new 1,000 gallon septic tank, including all materials and labor required to finish said installation, all as set forth in the above-referred to proposal. 6. The costs incurred for the labor and materials furnished were calculated pursuant to the above-referred to proposal, which proposal was accepted and agreed to by the Owners. 7. The Lien Claimant submitted the following invoice to the Owners upon completion of the work: Invoice No. 06-163 dated December 5, 2006 in the amount of $2,850.00. A copy of said Invoice is attached hereto, marked Exhibit "C" and incorporated herein. 8. The amount claimed for labor and materials furnished is $2,850.00 plus interest at the rate of 1 1/2% per month resulting in a total due and owing through the date of this Mechanics' Lien Claim of $2,978.25. 9. The labor and materials furnished and described hereinabove substantially benefitted the owners real estate, said being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, said property being more fully -2- described by dated April 22, 2005 and recorded April 29, 2005 in the Cumberland County Recorder of Deeds Office in Deed Book 268, Page 3140, a copy of said deed being attached hereto, marked Exhibit "A" and incorporated herein. 10. This lien is claimed from November 29, 2006, the date upon which the Lien Claimant commenced work at the within described premises of the Owners. WHEREFORE, Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son, the Lien Claimant herein, files this lien in the amount of $2,978.25 against the fee simple interest of real estate of the Owners, Timothy W. Krader, Sr. and Joann J. Perloski, said property being known and numbered as 193 Konhaus Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17011, Tax Parcel No. 38-22-0135-009, said property being more fully described herein. DATE : 4l' O.7 By . Ames D. B Esquire One West Ma. nn Street Shiremansto PA 17011 (717) 737-8761 Attorney for Lien Claimant -3- I verify that the statements made in this Mechanics' Lien Claim are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. AARON L. POTTEIGER & SON DATE : { 1160? By : Guy A. Eckert copY n r - .'f' «.*7 n J 1:.. . ! ? 7 L : . 71 2005 RPR 29 RM 10 U THIS DEEDI 0. MADE THE -11 ^a day of AF A in the year of our Lord two thousand and five (2005) BETWEEN LISA K. ROHRER and JEFFREY E. ROHRER, her husband, of Mechanicsburg, Cumberland County, Pennsylvania, Grantors, and TIMOTHY W. KRADER, SR., adult individual and JOANN J. PERLOSKI, adult individual, as Grantees, WITNESSETH, that in consideration of---------------------------------- -------One Hundred Seventy-Five Thousand ($175,000.00)----------Dollars in hand paid the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, as joint tenants with right of survivorship. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Konhaus Roam (T-566) at the Northeast corner of Lot No. 14, as shown on the hereinafter mentioned Plan of Lots; thence by the center line of said road, North 01 degrees 51 minutes 40 seconds West one hundred thirty-five and seventy-five one- hundredths (135.75) feet to a point; thence by the same, North 02 degrees 34 minutes 40 seconds West, twenty-five and twenty-nine one- hundredths (25.29) feet to a point;' thence by the dividing line between Lots Nos. 15 and 16, South 87 degrees 42 minutes 54 seconds West, two hundred twenty-two and ninety-eight one-hundredths (22.98) feet to a point; thence by the dividing line between Lot No. 15 and Lots Nos. 17 and 18 on said Plan, South 17 degrees 03 minutes 02 seconds West, one hundred sixty-eight and fifty-eight one-hundredths (166.58) feet to a point; thence by the dividing line between Lots Nos. 14 and 15 on said Plan, North 88 degrees 08 minutes 20 seconds East, two hundred seventy- seven and ninety-three one-hundredths (277.93) feet to a point, the place of BEGINNING. BEING Lot No. 15 on the' Plan of lots of Clepper Farms, Inc., which Plan is recorded in Cumberland County Recorder's Office in Plan Book 21,Page 68. ?4aa&,e X? -0f3S l B00K 268 PAUU40 S.1 V -sP? Twp - 0uMBFFa4A,o) CO EXHIBIT "All ? HAVING THEREON ERECTED a bi-level brick and aluminum siding dwelling numbered 193 Konhaus Road. BEING the same premises which Dolores V. Brandt and Earl J. Brandt, her husband, by their deed dated December 1, 2000 and recorded in the Cumberland County Recorder of Deeds Office in Book 257, Page 2108, granted and conveyed unto Lisa K. Rohrer and Jeffrey E. Rohrer, her husband, Grantors herein. Cumberland County Rcer?Jer 01% Deeds Instrument ;ili^s ReceiptR 550569 listrR 2005-?tW?n ?12'9/2005 110:18:57 ?'emar?:?: !tl?H?tE DEED 111.50 DEED - U T .50 DEED - R STATE 1750.00 CUMBEIRLANO VALLEY u75 00 311 .VER SPkING TWP . IS-175.00 DEER - AM 11.50 i.C.S. I A.T.Q. 1(Loo G TMPP%QoE ENT FRD 2.00 REC. Ii41ROMT FUND ;.tau . ;. t ? 7DS.50 iec.& 1692 #1.750.00 Total Received....... I'MM.50 And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. ?'c'v 8 PAGE314g ti. IN WITNESS WHEREOF, said grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of State./Commonwealth of County of h on this, the o? 3 A ROHRER E. RO R ss. day of 2005, before me, the undersigned officer, personally appeared Lisa E. Rohrer E. Rohrer, her husband, known to me (or satisfactorily prpv persons whose names are subscribed to the within insty; acknowledged that they executed same for the purposes there' " IN WITNESS WHEREOF, I hereunto set my hand and of ' COMMONWEALTH OF PENNSYLVANIA ? = '? "• xr ?!s? Nolartal Seal Anna Made Madw, Nolay Public HKnpdw Twp.. t wdm1ard Cou* - MyComnWMEvkuAL416.20p8 ? Title of Officer Mwnbw. PsnnrA nnW Aaodailon Of NOtaAm State/Commonwealth of County of On this, the day of , 2005, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Title of Officer. r•.0QK. X68 PAGE-31L4,,.', 1? t z.. 14 P-,) do hereby certify that the precise residence and complete post office address of the within named grantee is 113 w? sjy c Attorney for COMMONWEALTH OF PENNSYLVANIA County of SS. RECORDED on this day of A. D. 2005, in the Recorder's office of the said County, in Deed Book vol. , Page Given under my hand and the seal of the said office, the date above written. Recorder. i)e recorded cj Coixrnty PA -? Recorder of Deeds PROPOSAL Aaron L. Potteiger & Son 475 Sample Bridge Road Enola Pa. 17025-1025 Phone (717) 795-9107 Fax (717) 795-7207 CUSTOMER: Mr.& Mrs. Tim Krader 193 Konhas Road Mechanicsburg Pa. 17050 Job Location: and start time: 193 Konhas Road Silver Springs Township. Start time 1st or 2°d week of November (Weather Permitting). Job Description: Install new 1250 gal septic tank. To include all materials and labor from start to fmish. 1. Call Pa. One call before work is started. 2. Pay for Township repair permit. 3. Have Advance septic pump existing tank. 4. Placement of one new 1000 gal 2 compartment septic tank. 5. Dig up and inspect lines from house to tank and from tank to distribution box. 6. Replace if needed. 7. Place risers on top of tank to finish grade. 8. Have Silver Springs Township Sewer Enforcement officer inspect tank. 9. Back fill and haul any and all left over materials off site. 10. Rock hound and or run a Pre- seeder over all areas disturbed. EXCLUSIONS: Rock Removal. (Blasting or Hydraulic hammering) Top- soil if needed JOB COST: $2,850.00 to include all materials and labor including $150.00 township repair permit. EXHIBIT W J "B" LJ J Q J , it , PROPOSAL AARON POTTEIGER & SON 475 SAMPLE BRIDGE ROAD ENOLA PA 17025 All prices will be honored if proposal is signed and returned in 15 days:from receipt. We propose herby to furnish all materials and labor to complete this installation to the above specifications. All work is guaranteed for One year from date of installation on materials and workmanship. Any alteration or deviations from the above specifications involving extra cost will be executed only upon written orders from customer. And will become an extra charge over and above the proposal. Any UN paid balances over 30 days will be charged 2 % interest on balance. Any UN paid balances over (30) thirty days will be turned in for collection with reasonable attorneys fees and filing fee add to unpaid balance. This Proposal when accepted by the buyer in the said period set out in this agreement. Will constitute a bona fide contract between us, subject to all terms and conditions. Contractor Signature. Customer Signature: A15veiz, Date: Guy A Eckert / Aaron L..Potteiger & Son Date: Aaron L. Potteiger & Son 475 Sample Bridge Road Enola, PA 17025-1025 BILL TO W & Mrs Tim Krader 193 Konhas Road Mechanicsburg Pa. 17050 Invoice DATE INVOICE # 12/5/2006 06-163 P.O. NO. TERMS PROJECT Krader Due on receipt QTY DESCRIPTION RATE AMOUNT 1 replace septic tank at 193 Konhaus Road and D box and pipe 2,850.00 2,850.00 i I i Thank you for you bussiness. Please return one copy of this invoice with payment. Total $2,850.00 1.5 % intrest will be added after 30 days a EXHIBIT W J 11011 J 1. Q CD CO O ro CJ I -< Sheriffs Office of Cumberland County R Thomas Kline 4,0,01? of cumbe'r Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF CE OF THE SKER'FR Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/25/2009 05:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 25 2009 at 1755 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Timothy Krader, by making known unto Timothy Krader personally, at 193 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its contents and at the same time handing to him personally the said true and correct copy of the same. 03/25/2009 05:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 25 2009 at 1755 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Joann J. Perloski, by making known unto Timothy Krader, adult in charge, at 193 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $51.62 SO ANSWER fool* March 27, 2009 R THOMAS KLINE, SHE FF Deputy Sheriff Docket No. 2007-1854 Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son V Timothy W. Krader,a. err OF g,., 11 st 24 GUY A. ECKERT, t/d/b/a AARON L. POTTEIGER & SON, Plaintiff VS. TIMOTHY W. KRADER, SR. and JOANN J. PERLOSKI, Defendants TO: Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road Mechanicsburg, PA 17050 DATE OF NOTICE: April 21, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1854 MLD CIVIL TERM CIVIL ACTION MECHANICS' LIEN IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By J ES D. B G , ESQUIRE Pa. I.D. No. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, by first class mail, at Shiremanstown, Pennsylvania, addressed as follows: Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road Mechanicsburg, PA 17050 Date: April 21, 2009 JAMES D. 0 Esquire Q?R, OF THE 2009 APP 21 AM 8.2 3 t.,tum PEINNSYLVA A GUY A. ECKERT, t/d AARON L. POTTEIGER VS. TIMOTHY W. KRADER, JOANN J. PERLOSKI, /b/a & SON, Plaintiff SR. and Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1854 MLD CIVIL TERM CIVIL ACTION MECHANICS' LIEN PRAECIPE FOR DEFAULT JODCIT TO: Curtis R. Long, PROTHONOTARY Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Please enter a Default Judgment in favor of Plaintiff, Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son, and against Timothy W. Krader, Sr. and JoAnn J. Perloski, in the amount of $2,978.25, plus costs and interest from April 4, 2007. Written notice of Plaintiff's Notice of Intention to file for Entry of Default Judgment was mailed to the Defendants and is attached to this Praecipe as Exhibit "A". Respectfully, Date: May 4, 2009 JAMES D. BZtR, ESQUIRE Pa. I.D. N19475 One West Main Street Shiremanstown, PA 17011 Telephone: (717) 737-8761 Attorney for Plaintiff NAMES D. BOGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com JAMES D. BOGAR JENNIFER B. HIPP* 'Also admttted to New Jersey Bar April 21, 2009 Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road Mechanicsburg, PA 17050 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct e-mail jbogar®bogarlaw.com RE: Guy A. Eckert, t/d/b/a Aaron L. Potteiger & Son v. Timothy W. Krader and JoAnn J. Perloski Docket No. 07-1854 MLD Civil Term Dear Mr. Krader and Ms. Perloski: We are forwarding for service upon you a date-stamped copy of a Notice that was filed with the Court of Common Pleas of Cumberland County on April 21, 2009. Please contact us should you have any questions regarding this matter. Very tru y yours, O J ES D. B GAR JDB/bbl Enclosure cc: Guy A. Eckert (w/enclosure) U.S. POSTAL SERVICE CERTIFICATE OF MAILI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, 90 PROVIDE FOR INSURANCE - POSTMASTER Received From: c V s PA piece of ordinary mail addressed to: r JoPnn u'- 'RArx5 kj - M ffl)nr)) c,5 bor-a. En T a o r0 or r?N . 'o-Z¢I`NL -00 a.¢ f _ N f ?g PS Form 3817, Mar. 1989 U GUY A. ECKERT, t/d AARON L. POTTEIGER VS. TIMOTHY W. KRADER, JOANN J. PERLOSKI, /b/a & SON, Plaintiff SR. and Defendants TO: Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1854 MLD CIVIL TERM CIVIL ACTION MECHANICS' LIEN Mechanicsburg, PA 17050 r1a DATE OF NOTICE: April 21, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 IrS D. OG , ESQUIRE Pa. I.D. No. 9475 One West Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, by first class mail, at Shiremanstown, Pennsylvania, addressed as follows: Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road Mechanicsburg, PA 17050 Date: April 21, 2009 JAMES D. BOG squire CERTIFICATE OF SERVICE I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Praecipe as required by Pa. R.C.P. 237.1 upon the following named parties this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Timothy W. Krader, Sr. JoAnn J. Perloski 193 Konhaus Road Mechanicsburg, PA 17050 Date: May 4, 2009 2 ,, ? v V j.; I''A 1 -?4 hJ o u• a w Lit t1i "N' Z rr ?14.pp pry ATTY CL% W4a NoQc, 04,o--`0)