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HomeMy WebLinkAbout07-5201__ .. ,. ~ r : µ~--- -- __ . _ - ~, Ronald K. Wilson & James R. Wilson d/b/a Wilson Drywall v. FCM Builders Incorporated, Owner and FCM Builders/ Fred C. Miller Contractor ~~-~M C.P. No. No.D~-Sa20/ M.L.D. Ronald K. Wilson and James R. Wilson d/b/a Wilson Drywall, carrying on business at 100 Mountain View Road, Shermans Dale PA, file their. claim for the sum of $14,257.92, together with interest from May 29, 2007, and costs against FCM Builders, Incorporated, owner, and against all that certain tract of land situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being identified as Lot 14, as shown on a plan of lots known as Ridge Estates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 91 on page 8, and being more fully described as follows, to wit: BEGINNING at a point in Ridge Drive (T-571), at a common property corner of Lot #13 and Lot #14 of the Final Subdivision Plan for Ridge Estates; thence through skid Ridge Drive (T-571), North 61 degrees 00 minutes 00`seconds East, a distance of 224.20 feet to a point at a common property corner of Lot #14 and lands now or late of Richard C. Hill; thence along said lands now or late of Richard C. Hill and a portion of lands now or late of Owen E. Meals, South 08 degrees 30 minutes 00 seconds East, a distance of 522.19 feet to a point at a common property corner of Lot #12 and Lot #14; thence along said Lot #12, South 84 degrees 30 minutes 00 seconds West, a distance of 210.29 feet to a point at a common property corner of Lot #12, #13 and #14; thence along said Lot 313, North 08 degrees 30 minutes 00 seconds West, a distance of 432.66 feet to a point in Ridge Drive (T-571), said point being the point of BEGINNING. SAID LOT CONTAINING a gross area of 100,259.10 square feet (2.3016 acres) and a net area of 94,913.15 square feet (2.1789 acres) to the Dedicated Right-of-Way Line of Ridge Drive (T-571). ALSO BEING KNOWN and numbered as 30 Ridge Drive, Carlisle, Pennsylvania 17013. ALSO BEING KNOWN and identified by the Cumberland County Tax .~,_,,~ Assessment Office as Map and Parcel number 21-08-0573-157. BEING THE SAME premises which Land Market Incorporated, by Deed dated June 7, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 275, Page 1957, granted and conveyed to FCM Builders Incorporated herein, for certain materials furnished and labor performed in doing the drywall hanging and finishing work in and about the original erection and construction of the said building and makes the following statement of his demand: 1. The name of the party claimant is Ronald K. Wilson and James R. Wilson d/b/a Wilson Drywall and they file this claim as subcontractor. 2. The name of the owner of said property at the time of the furnishing of said material and labor and. the attaching of the lien therefor is the aforesaid FCM Builder Incorporated and his address is 12 Mount Allen Drive, Mechanicsburg. 3. The date of completion of the claimant's work was May 29, 2007. 4. The kind and character of the labor furnished by the claimant as follows: hanging and finishing drywall to 2-storey house with garage. 5. The kind and character of the materials furnished by the claimant is as follows: '~ inch drywall, 5/8 inch drywall, drywall screws, tape, compound and cornerboard. 6. The amount claimed to be due is $14,257.92. 7. The materials and labor furnished in and about the original erection and construction of said building were according to a certain oral contract between FCM Builders/Fred C. Miller, the general contractor, and said Ronald K. Wilson and James R. Wilson d/b/a Wilson Drywall, the claimant, entered into on or about April 20, 2007. 8. The delivery of the said materials and the furnishing of said labor commenced on or about April 20, 2007, and the said $14,257.92 is the balance due on the contract price as agreed upon by said FCM Builders/Fred C. Miller and Ronald K. Wilson and James R. Wilson d/b/a Wilson Drywall for the furnishing of the said materials and labor at the request of said FCM Builders/Fred C. Miller and furnished to and supplied for and towards the original erection and construction of and on the credit of the said building continuously from April 20, 2007 to May 29, 2007, a ' , k inclusive, in accordance with and in fulfilment of the said contract. The lien is against the fee and is claimed from May 2.9, 2007. 9. The said claimant has made repeated requests of said general contractor for the payment to him of the said balance of $14,257,92 due him on said contract, which requests said general contractor has ignore and refused to comply with. The said claimant has also served a written notice on said FCM Builders Incorporated, the owner of the said premises, dated and delivered June 28, 2007, advising him that if the aforesaid balance of $14,257.92 was not paid to him by July 28, 2007, a mechanic's lien would be filed against the said owner and the premises aforesaid. 10. The total sum to be paid to the said claimant by the said FCM Builders/Fred C. Miller, under the terms of the said contract up to and including May 29, 2007 for the .furnishing of the said labor and materials was $14,257.92. There has been paid on account thereof the sum of $0.00 and the full amount of the balance, $14,257.92, is still justly and legally due and owing to the claimant, said Ronald K. Wilson and James R. Wilson d/b/a Wilson Drywall. The said claimant therefore claims to have a lien upon the said building as hereinbefore described for the amount of the claim, the balance now due, the said sum of $14,257..92, from the said May 29, 2007, according to the acts of assembly in such cases made and provided. C~~-~,P~'~ Gu uc..~ Ronald K. Wilson s~ ames R. Wilson Commonwealth of Pennsylvania, County of Cumberland Ronald K. Wilson, the party claimant named in the foregoing mechanic's lien claim, being duly sworn according to law, deposes and says that all the facts therein set forth are true so far as they are within his knowledge and so far as they are derived from information obtained from others; that he has made careful inquiry as to the truth thereof and as a result of such examination and inquiry, he believes them to be true and expects to be able to prove the same upon the trial of this case. ~~~ ~~ Ronald K. Wilson James R. Wilson, the party claimant named in the foregoing mechanic's lien claim, being duly sworn according to law, deposes a..~~ ~ 1x and says that all the facts therein set forth are true so far as they are within his knowledge and so far as they are derived from information obtained from others; that he has made careful inquiry as to the truth thereof and as a result of such examination and inquiry, he believes them to be true and expects to be able to prove the same upon the trial of this case. ~~~~ mes R. Wilson ,. A~- Commonwealth of Pennsylvania ss County of PERRY . On this 30th day of August, 2007, before me, a Notary Public, the undersigned officer, personally appeared Ronald !C. Wilson and James R. Wilson, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the attached instrument, and acknowledges that they executed the same for the purposes therein contained. In witness whereof, I hereunto officially set my hand and official seal. ~~ Nota Publi NCyq~Yll rAL ~W ~AAME 1-ONi1C Noloe~tllliNc ~ROYON. /~'If OOIN!~Y MA- CcetiMM~Non ~ Qid 31.20di ~~. ~ n W ~_ t V ` V a ~11I! Y Y1YW03 ,!li7t10~Q,H.1lIY8Mf1A1~A QOCS .16 'MAO ~ r+oir~knma'7 ~tN ~. t"Z A _~ ^ -r; ~-~ F, ~ ~ r , `+ _ V ~, ~ ~~ 0 -.., ax- C: ;:: ~i ~ W ^s i'~t -fin ('Tt TTtI __{~yyF { a I ~ l ~J a. .;~_' }% {' 1 ~~ f'i 7 1~ -< J .. ~ Ronald K. Wilson & James R. Wilson d/b/a Wilson Drywall v. FCM Builders Incorporated, Owner and FCM Builders/ Fred C. Miller Contractor C.P. No. No. 0?-5201 M.L.D. AFFIDAVIT OF SERVICE I, Brain Webster, do hereby swear that I served a true and correct copy of the attached Notice of Filing a Mechanics Lien on FCB Builders Incorporated by personally handing said copy to Fred C. Miller at 1510 Thompson Lane, Mechanicsburg, PA 17055 on September 4, 2007. ~~~ rian Webster Commonwealth of Pennsylvania ss County of PERRY . On this o~Dw'day of ~C~Q~r 2007, before me, a Notary Public, the undersigned officer, personally appeared Brian ~bst®r, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached instrument, and acknowledges that he executed the same for the purposes therein contained. In witness whereof, I hereunto officially set my hand and official seal. otary lic NiDrMMt MAt 11NAMA~II~OIN1i Molal!-IIAI/1t MMMMt! ,1!~p1~1/ MI-en~wQotal. !!N ~~ ~AIA Mkt ~~ ~` ~ VIK L T0: FCM Builders Incorporated 13 Mount Allen Drive Mechanicsburg PA 17055 Take notice that a mechanic's lien for the sum of 514,257.92 has been filed against you and all that certain 2-storey house and garage and lot or piece of ground with the curtilage appurtenant thereto situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being identified as Lot 14, as shown on a plan of lots known as Ridge Estates, recorded in the Office of .the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 91 on page 8, and being more fully described as follows, to wit: BEGINNING as a point Ridge Drive (T-571), as a common property corner of Lot #13 and Lot #14 of the Final Subdivision Plan for Ridge Estates; thence through said Ridge Drive (T-571), North 61 degrees 00 minutes 00 seconds East, a distance of 224.20 feet to a point at a common property corner of Lot #14 and lands now or late of Richard C. Hill; thence along said lands now or late of Richard C. Hill and a portion of lands now or late of Owen E. Meals, South 08 degrees 30 minutes 00 seconds East, a distance of 522.19 feet to a point at a common property corner of Lot #12 and Lot_#14; thence along said Lot'#12, #13 and #14; thence along said Lot 313, North 08 degrees 30 minutes 00 seconds West, a distance of 432.66 feet to a point in Ridge Drive (T-571), said point being the point of BEGINNING. SAID LOT CONTAINING a gross area of 100,259.10 square feet (2.3016 acres) and a net area of 94,913.15 square feet (2.1789 acres) to the Dedicated Right-of-Way Lines of South Middlesex Road (T-590) and Ridge Drive (T-571) ALSO BEING KNOWN and numbered as 30 Ridge Drive, Carlisle, Pennsylvania 17013. ~. ALSO BEING KNOWN and identified by the Cumberland County Tax Assessment Office as Map and Parcel number 21-08-0573-031. BEING THE SAME premises which Land Market Incorporated, by Deed dated June 7, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 275, Page 1957, .. ., granted and conveyed to FCM Builders Incorporated. Said mechanic's lien was filed on August 31, 2007, and the same appears of record in the Court of Common Pleas No. 07-5201 of the County of Cumberland, as of August 31, 2007, Mechanics Lien Docket. L~~/ William C. Dissinger Attorney for Ronald Wilson and James R. Wilson, d/b/a Wilson Drywall ~ ° G ° -c'~ ran ~' t- ~ ~ ~ ~ ~ w,. SHERIFF'S RETURN - REGULAR CASE N0: 2007-05201 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON RONALD K ET AL VS FCM BUILDERS INC DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according t.o law, says, the within MECHANICS LIEN CLAIM was served upon FCM BUILDERS INCORPORATED the OWNER at 2009:00 HOURS, on the 27th day of September, 2007 at 1510 THOMPSON LANE MECHANICSBURG, PA 17055 by handing to BRAD MILLER 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 ~ Affidavit DPI Surcharge l~~~~ Q~ Sworn and Subscibed to before me this of So Answers: I~ 18.0 0 ,,.yy~ [P~~ 13.4 4 ~ s~e'Ir~ .00 10.00 R. Thomas Kline .oo 41.44 09/28/2007 DISSINGER AND DISSINGER - By : `r~~ day Deputy Sheriff A.D.