Loading...
HomeMy WebLinkAbout07-5202 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. p~S.LO.z 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 $14,956.84, together with interest from May 2, 2007, and costs against FCM Builders, Incorporated, owner, and. against all that certain tract of land situate in MIDDLESEK TOWNSHIP, Cumberland County, Pennsylvania, being identified as Lot 8, 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 Ridge Drive (T-571),. at a common property corner of Lot #8 and Lot #9 of the Final Subdivision Plan for Ridge Estates; thence through said Ridge Drive (T-571) and along said. Lot #9, South 08 degrees 27 minutes 59 seconds East, a distance of 496.19 feet to a point at a common property corner of Lot #8, Lot #9 and lands. now or late of George C. Wolve, Jr.; thence along said lands now or late of George C. Wolfe, Jr., South 83 degrees 45 minutes 17 seconds West, a distance of 199.86 feet to a point in South Middlesex Road (T-590) and Ridge Drive (T-571); then through said Ridge Drive the following two (2) courses: 1. North 82 degrees 20 minutes 44 seconds East, a distance of 133.71 feet to a point; thence 2. North 80 degrees 19 minutes 39 seconds East, a distance of 66.32 feet to a point, at a common property corner of Lot #8 and Lot #9, said point being the point of BEGINNING. SAID LOT CONTAINING a gross area of 98,285.92 square feet (2.2563 acres) and a net area of 76, 230.25 square feet (1.7500 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 2 Ridge Drive, Carlisle, 3 w~ c 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 3710,. 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 2, 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 $14,956.84. 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 March 27, 2007. ,. 8. The delivery of the said materials and the furnishing of said labor commenced on or about March 27, 2007, and the said $14,956.84 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 s. ~ 4 r original erection and construction of and on the credit of the said building continuously from March 27, 2007 to May 2, 2007,. inclusive, in accordance with and in fulfilment of the-said contract. The lien is against the fee and is claimed from May 2, 2007. 9. The said claimant has made repeated requests of said general contractor for the payment to him of the said balance. of $14,956.84 due him on said contract, which requests said general contractor has ignored 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 29, 2007, advising him that if the aforesaid balance of $14,956.84 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 2, 2007 for the furnishing of the said labor and materials was $14,956.84. There has been paid on account thereof the sum of $0.00 and the full amount of the balance, $14,956.84, 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 2, 2007, according to the acts of assembly in such cases made and provided. ~,_ onald K. Wilson ames R. Wilson Commonwealth of Pennsylvania, County of Cumberland 111~~0~ 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. ~~.~ u, ~ ~ Ronald K. Wilson ,. James R. 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. ames R. Wilson .l Commonwealth of Pennsylvania County of PERRY ss On this 30th day of August, 2007, before me, a Notary Public, the undersigned officer, personally appeared Ronald !C. Wilaon and James R. ~Pilson, 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. ~,~,~~~~~ Not r Publ ' NO'IMItlAI IiAt 1NA MM! MOtlIrG ~Y ~+I~tc MMrMtE ~0~!lYMi,1~Rf- OOIN~RY MI- COaI1nNNoR t~MM Od ~1. X199 ~(`i W (~ ~~ G ~ V G~ lA3t .MiIINUN c7Y11ICyfl' ,i1~Ni VfbNlt~~ Y'R~1.ifR#tIC~K~A 9,iJR~d'M~i!i1~A 4'015 .IL' bpi ~MD~ YM f~ ~. w ~ ` ~ ~ ~ ~ ~ O N ~~'-"~. t ;'J ~ ~''• tr'; - ~ ~ X17 ~ r J W Y~~ ~ v"~ I ~b ( ~' ~ yd -_ ~ ~ rn C~ ~ A Ronald K. Wilson & James R. Wilson d/b/a Wilson Drywall C.P. No. v. FCM Builders Incorporated, Owner No. 07-5202 M.L.D. and FCM Builders/ Fred C. Miller Contractor A~'L+'IDAVIT 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. !~fj~L~ C lam' Brian Webster Commonwealth of Pennsylvania ss County of PERRY On this ~?Dw`day of Q~G~Q/pQ~ 2007, before me, a Notary Public, the undersigned officer, personally appeared BrianlXabater, 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. L N ary Pu is •.r~.~.~........ NO~~IIL>>~ »iA#M~i AMA . No1~y11pa M~MMllrfi MaMOM~q, l~r~t701N~1Ir My Cq ~~ ~ it ~ l00~ ~iN Yro1C~1 YAMIOC111~ ,11®11!'~M7! ~1/IR~~IAM1 +~ ,tt topes ncriMUnnw~ YIN ~. T0: FCM Builders Incorporated 13 Mount Allen Drive Mechanicsburg PA 17055 Take notice that a mechaaic'a lien for the sum of $14,956.84 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 8, as shown on a plan of lots known as Ridge Estates, recorded in the Office of the Recorder of Deeds in and fob 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 #8 and Lot #9!of the Final Subdivision Plan for Ridge Estates; thence through said Ridge Drive (T-571) and along said Lot #9, SOUTH 08 degrees 27 minutes 59 seconds East, a distance of 496.19 feet to a point at a common property corner of Lot #8, Lot #9 and lands now or late of George C. Wolfe, Jr.; thence along said lands now or late of George C. Wolfe, Jr., South 83 degrees 45 minutes 17 seconds West, a distance of 199.86 feet to a point in South Middlesex Road (T-590) and Ridge Drive (T-571); then through said Ridge Drive the following two (2) courses: 1. North 82 degrees 20 minutes 44 seconds East, a distance of .133.71. feet to a point; thence 2. North 80 degrees 19 minutes 39 seconds East, a distance of 66.32 feet to a point, at a common property corner of Lot #8 and Lot #9, said point being the point of BEGINNING. SAID LOT CONTAINING a gross area of 98,285.92 square feet (2.2563 acres) and a net area of 76, 230.25 square feet (1.7500 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 2 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 3710, granted and conveyed to FCM Builders Incorporated for certain materials furnished and labor performed in doing hanging and finishing drywall work in and about the original erection and construction of said building. Said mechanic's lien was filed on August 31, 200.7, and the same appears of record in the Court of Common Pleas No. 07-5202 of the County of Cumberland, as of August 31, 2007, Mechanics Lien Docket. `~ William C. Dissinger Attorney for Ronald K Wilson and James R. Wilson, d/b/a Wilson Drywall ° . , ra -.+ ~ . -~ r'r' ~ ; , ~ ~.~~, -~ ~~.. ~ ~' -- : ~ r~ .~. ~, ~ ~ ~ - -E .~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON RONALD K ET AL VS FCM BUILDERS INCORPORATED DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to 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 BRAD MILLER by handing to 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: So Answers: Docketing 18.0 0 .~~ ~~~ Service ,~ 13.44 `1~~ Affidavit 0~ .00 Surcharge oIo9 I 10.00 R. Thomas Kline I p~ .00 41.44 09/28/2007 DISSINGER AND DISSINGER Sworn and Subscibed to By: ~ before me this day Deputy S eri f ~ of A.D.