HomeMy WebLinkAbout08-0804NYCE CONCRETE : COURT OF COMMON PLEA OF
CONSTRUCTION, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Claimant NO. 68- 8G y C_ ?f ??
V.
Mechanics' Lien
ABSOLUTE HOMES, a Pennsylvania
Corporation,
Owner (Lot No. 5, Plan Book 77, Page 0)
MECHANIC'S LIEN CLAIM
Claimant, Nyce Concrete Construction, Inc., a Pennsylvania Corporat on of 1510
Mannsville Road, Elliottsburg, PA 17024, through the undersigned counsel, fil s this claim
against the improvements and property being 31,276 square feet or 0.72 acres, ore or less,
situate in East Pennsboro Township, Cumberland County, Pennsylvania, kno n as Parcel
No. 09-16-052-053, and bounded and described according to the Final Subdivi on Plan for
George Sullenberger, and recorded in Cumberland County Plan Book 77, P es 20, and
designated as Lot No. 5 thereon, and being more fully bounded and describe in Deed to
Absolute Homes, a Pennsylvania corporation dated June 28, 2007, and recorded July 16, 2007,
in Cumberland County Book 280, Page 4869, et seq., a partial copy of which is at ched hereto
as Exhibit "A" and incorporated herein by reference thereto, for the payment of debt due to
Claimant as contractor for labor furnished by Claimant under a contract for the erection and
construction of a poured concrete foundation for a duplex style residential structure being
constructed thereon:
1. The Owner of the property is Absolute Homes, a Pennsylvania c oration of
729 Zeigler Lane, Enola, Pennsylvania 17025.
2. The improvement and the property which are the subject of this cl m is all that
certain tract or parcel of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, described in the preamble to this Mechanic's Lien Claim, and as des ribed in the
Deed attached hereto as Exhibit "A" which is incorporated herein by reference the to, together
with the duplex residential structure constructed thereon.
3. (a) Claimant was hired directly by the Owner of the property, Absolute Homes,
a Pennsylvania corporation, and not by any contractor or contractors for the Owne , which was
(or were) hired for the completion of the other portions of the residence. Own r, Absolute
Homes, a Pennsylvania corporation, contracted with Claimant based upon an oral agreement
for labor and materials to be supplied to Owner, under which Claimant was to b paid for its
time and materials furnished by it at its standard rates and prices. It is believed that Absolute
Homes, a Pennsylvania corporation, and Absolute Home Builders, Inc., both of 729 Zeigler
Lane, Enola, Pennsylvania 17025, are one and the same entity.
Nyce Concrete v. Absolute Homes, a Pennsylvania corporation Page 1 of 2
?I
(b) In the alternative, if Absolute Homes, a Pennsylvania co ration, and
Absolute Home Builders, Inc., both of 729 Zeigler Lane, Enola, Pennsylvania 17025, are not
one and the same entity, then the labor and materials for which the debt is due were furnished
by Claimant pursuant to an oral agreement with Absolute Home Builders, Inc., which
contracted directly, with the owner, which is Absolute Homes a Pennsylvania corporation.
/,-- c. , :Zoo
4. The labor and materials for which the debt is due consisted of the construction
of a poured concrete foundation at Lot No. 5 of the said Plan Book 77, Page 20, as described in
the itemized invoice attached hereto as Exhibit "B," dated October 5, 2007, No 5870. This
invoice includes interest for three months, or through February 5, 2008.
5. Claimant commenced work at the property on September 25 2007, and
completed that work on October 5, 2007, which is less than four months before P e filing of
this claim.
6. Claimant has been paid nothing on the total amount billed of $21,7:
amount shown on attached Exhibit "B" is $22,706.18, less three months interest
As of the date of the filing of this Mechanic's Lien Claim, the total amount due in
month interest, or $22,706.18. The total amount of this Mechanic's Lie]
therefore, $22,706.18.
Respectfully submitted,
Dated: Y '70, 17
By ?DT?iley, Stephen Esquire
Attorney for Claimant
5 South Hanover Street
Carlisle, PA 17013
(717) 2430-5838
Supreme Court I.D.#32318
VERIFICATION
I verify that the statements made in the foregoing Mechanic's Lien Claim ar
correct, partially upon personal knowledge and partially upon my belief; to the exte
in the Mechanic's Lien Claim is that of my attorneys, I have relied upon my attorne
this Verification. I understand that false statements herein are made and subject to
of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
NYCE CONCRETE
Dated: Fch q, 0200
BY:
.42 (Total
$977.76.)
udes three
Claim is,
true and
it language
s in making
1e penalties
, INC.
Nyce Concrete v. Absolute Homes, a Pennsylvania corporation Page 2 of 2
atit?a?
3
Prepared by:
Fidelity Closing Services, LLC
341 North Science Park Road, Suite 203
State College, PA 16863
Return to: East Coast Settlement Services, LLC
341 Science Park Road
Suite 205L ft1b".7 0 la-q
State College, PA 16803
Warranty Deed
RT I. zrE?
'E 'RIOEP.. OF DE DS
c 01 are cou?? Y - PA
2017 JUL 16 Pik
Coffec*v e Deed
Made this day of :j t,,+'? , in the year two thousand
Between GEORGE F. SULLENBERGER JR. and
SULLENBERGER, husband and wife, ofthe Township of East Pennsbor
County and ABSOLUTE HOMES, a Pennsylvania Corporation, P
of the first part,
-and-
39
FIDELITY CLOSING
SERVICES, LLC
341 N. SCIENCE PARK RD.
SUITE 203
STATE COLLEGE, PA 16003
ABSOLUTE HOMES, a Pennsylvania Corporation, 729 Zeigler
Pennsylvania, party of the second part;
(2007).
,LEN M.
Cumberland
mnia, parties
Enola,
Witnesseth, that in consideration of FORTY-NINE THOUSAND NINE
HUNDRED AND N01100 ($49,900.00) DOLLARS, in hand pad, the receipt
whereof is hereby acknowledged, the said grantors do hereby grant and con ey to the said
grantee, its heirs and assigns:
ALL THAT CERTAIN tract of land, known as Lot #5 in the Final Su 'vision
Plan for George Sullenberger, situate in the Township of East Pennsbo , County
of Cumberland and State of Pennsylvania bounded and described as f flows, to
wit:
BEGINNING at a point on the Western right-of-way line of Chester 1
point being South 22-44-00 East, a distance of 487.23 feet from the
comer of Lot No. i as shown on the Final Subdivision Plan fc
Sullenberger recorded in the Office of the Recorder of Deeds in w
County of Cumberland in Plan Book 77, Page 20 which point is a
Southwest comer of the intersection of Adams Street (unopened) an
Road; thence along the Western right-of-way line of Chester Road, Sot
alrw .284 PA.er4869
said
George
t for the
;o at the
Chester
h 22-40-
? aw
I
i
i
00 East, a distance of 147.14 feet to a point at lands now or formerly o
lizabeth
Knouse Home Designs Unlimited; thence by lands now or formerly o Elizabeth
Knouse Home-Designs Unlimited; North 79-05-M West, a distance of 9.47 feet;
thence along the same South 22-52-00 East, a distance of 81.57 feet; the nce along
the same, North 88-33-04 West, a distance of 110.32 feet to a point at corner of
lands now or formerly of Ricci and Gibson; thence along lands now or rmerly of
Thomas J. and Lisa E. Gibson, North 27-24-00 West, a distance of 170 27 feet to
a point at the Southwest corner of Lot No. 4 as shown on the aforementio ned plan;
thence along Lot No. 4, South 68-00-00 East, a distance of 192.28 feet to a point
on the Western right-of-way line of Chester Road, the place of BEG G.
CONTAINING 31, 276 s.f./0.72 ac.
For Identification purposes only, being known as Parcel No. 09-16-052 53 in the
Office of the Cumberland County Tax Assessor.
BEING the same premises which Walter L. Peters, Jr. and Janet I. Pete , his wife
by deed dated August 19, 1997 and recorded. September 5, 1997 in C Berland
County in Deed Book 164, Page 77, granted and conveyed unto (i eorge F.
Sullenberger Jr. and Ellen M. Sullenberger, husband and wife.
This corrective deed is being dome to correct the legal description, in deed
dated April 12, 2007 and recorded April 269 2007 in Cuniberland ty in
Deed Book 279 at Pale 3730 granted and conveyed unto Absekte mica, a
Pennsylvania Corperatien, dwrefere no transfer tam are due.
The Scrivener of this deed is in no way certifying the status of title of the ab ove premises
and has not searched the records pertaining thereto.
THE GRANTORS HEREIN STATE THAT THE HEREINABOVE DESCRIBED
PROPERTY IS NOT PRESENTLY BEING USED FOR THE DI POSAL OF
HAZARDOUS WASTE, NOR TO THE BEST OF THEIR WLEDGE,
INFORMATION AND BELIEF HAS IT EVER BEEN USED FOR THE D POSAL OF
HAZARDOUS WASTE. THIS STATEMENT IS MADE IN COMPLIANC WITH THE
SOLID WASTE MANAGEMENT ACT, NO. 1980-97, SECTION 405.
Together with all and singular the tenements, hereditaments and appuru: ces to the
same belonging, or in anywise appertaining, and the reversion and reversio s, remainder
and remainders, rents, issues and profits thereof; AND ALSO all the estat e, right, title,
interest, property, claim and demand whatsoever, both in law and equity, of he Grantors,
FIDELITY CLOSING of, in, to or out of the said premises, and every part and parcel thereof.
SERVICES, LLC
341 N. SCIENCE PAWL RD.
SUITE 203
STATE COLLEGE, PA 16803
"A• BOOK 280 4GE4870
To Have and to Hold the said premises, with all and singular the appurtenances,
unto the said Grantee, its heirs and assigns, to and for the only proper use an behoof of the
Grantee, its heirs and assigns forever.
And the said Grantors, their heirs, executors, and administrators, do by
covenant, grant and agree to and with the Grantee, its heirs and assign;
Grantors, their heirs, all and singular the hereditaments and premises
described and granted, or mentioned and intended so to be, with the appurta
said Grantee, its heirs and assigns, against the said Grantors, their heirs, and
every other person or persons, whomsoever, lawfully claiming or to claim t
part thereof, shall and will, by these presents, WARRANT AND SPECIAL]
DEFEND the property hereby conveyed.
In Witness Whereof, the said parties of the first part have here
hands and seals the day and year first above written.
Signed, Sealed and Delivered in the Presence of
CERTIFICATE OF RESMM E
I hereby certify that the precise residence of the Grantee herein is as
FIDELITY CLOSING
SERVICES, LLC
341 N. SCIENCE PARK RD.
SUITE 203
STATE COLLEGE, PA 16803
Lot # 5
Chester Reid
Eno* PA 17811
Jr.
f-ak YY,
E&n K S tberger
Absokte Homes
By:
ese presents,
that the said
ierein above
aces unto the
gainst all and
same or any
(FOREVER
set their
_(Seal)
-(Seal)
A*mwy 00 Apo for (Gina
"A" BOQK 280 PnE487i
WITNESS:
NVCE CONCRETE I NC
Nyce Concrete Construction, Inc.
1510 Mannsville Road
Elliottsburg, PA 17024
BIN To
Absolute Home Builders, Inc.
729 Uglar Lme
Enok PA 17025
Fax:7175815076 Jan 15 20000MOpm P002/002
InVoice
P.O. N0.
invoice s
5870
TOM
1112% ABer 30 Days
Quantity
Description
1.060 1060' - 04 Rem Chester St:
710 710' - 4S Reber
2 2 Cogtrol Joints
56 36 Anchor Straps
31.3 313 ywds Extra Goncift
3 3 horns conveyed mm M - item
3.S 3.5 home conveyed materials - cone
6 6 boon conveyed materials - wall
234 234' Footings
1 1 fuel aarelurge
1 1 Sewer' Gasket installed
12 12 Steps bi walls
119 119 tom tome placed
2.S 2.5'. EiSbWen-Inch Wall, Nine Feet High
107.33 107.33'- Twelve-Inch Wall, Tea Feet High
19.83 19.93'- Ir w I' high
15.67 15.67 -10 w 2'8' high
46 46'-18' w 4' Wgh
2.83 2.83' - Twelve iacb wall, six Feet High
8.67 8.67 - Twelve-Inch Well Eight Feet Nigh
59:33 $9.33'. Minch wail, nitre stet high
3.67 3.67- I8" w 8' high
12 12'-18'w&high
1.5% Iatereat added for invoica over dit days
1.5% Inte eat added talr invoices over U ft days
I J% bores: added for invoices over thirty days
CAW and spoke to Thoaua on 11/3007 ®12:40paL Spec home. Duplex. Hank isn't
iasdtng draws because he is not far enough don&Moy be another 2 weeks or more. He
do=% know. He is "jag to subdivide•property. Twp is requiring bWovements.
Doesn't know his bank thane? Property owner is Abschm Plomes, LLC. 909 & 911
Chester Road Enols, PA is the property ad&= I Mimod him we whnI need'to. been
pr oc oeding on a mechanics lien due to tine eonsusints.
Sala Tex
Rats
S7
43
32.00
4&00
325.92
325.92
325.92
6.00%
Total
plc .
901.00
67430
60.00
56.00
2,520.00
315.00-
367.50
630.00
2,199.60
100.00
30.00
120.00
1,547.00
14ZSO
6,036.63
237.96
391.75
Immo0
106.13
379,66
2,83&35
190.84
576.00
325.92
325.92
•323.92
0.00
522,706,18
44
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY NOTICE OF INTENTION TO FILE MECHANICS' LIEN
OF COUNSEL CLAIM AGAINST YOUR PROPERTY
STEPHEN D. TILEY ELEPHONE (717) 243-5838
ROBERT G. FREY
TO: Absolute Homes, Inc. FACSIMILE (717) 243-6441
729 Zeigler Lane
Enola. PA 17025
You are hereby notified that Nyce Concrete Construction, Inc., of 1510
Mannsville Road, Elliottsburg, PA 17024 is a subcontractor under a contractua .
arrangement with your contractor, Absolute Home Builders, Inc., and/or Absol to
Builders, Inc., and/or Absolute Builders Construction, Inc., all of either 729 Ze ler Lane
Enola, PA 17025, or of 3 Logans Run, Enola, PA 17025,1 and has furnished la ,
or and/or
materials in connection with the erection, construction, alteration or repair of
improvement to your property at 909 and 911 Chester Road, Enola, PA 17025 ast
Pennsboro Township), and also known as Lot 5, Plan Book 77, Page 20 acquire d by deed
recorded in Cumberland County Deed Book 280, Page 4869, and furthermore so known
as Cumberland County Tax Parcel No. 09-16-1052-053.
The labor and/or materials furnished by the subcontractor consisted of 1 bor and
materials for a poured concrete foundation for a duplex residential structure. Tie
subcontractor's work was completed, and the last of the specified labor and/or materials
was furnished; by the subcontractor on October 5, 2007. The amount still due and
payable by the contractor to the subcontractor is $21,728.42 plus interest at the ate of
1.5% per month.
Unless payment of the amount due is made within 30 days after service of this
formal notice on you, the subcontractor intends to file a mechanic's lien claim r this
amount against your property. The filing of the claim will result in a lien againft your
property, and proceedings to enforce the lien may result in a lien judgment against you
and the forced sale of your property.
Date: December 28,2007 sr??
-Steph6n D. Tiley, Esquire
Attorney for Subcontractor
1 Nyce Concrete Construction, Inc., was advised that the builder was Absolute Home Builders, c., of 729
Zeigler Lane, Enola, PA 17025. However, A search of the Commonwealth of Pennsylvania C oration
Bureau database does not reveal an entity by that name. There is an Absolute Builders, Inc., o Logans
Run, Enola, PA 17025, of record as an active corporation in Pennsylvania. Furthermore, East nnsboro
Township advises that the permitee on the building permit is Absolute Builders Construction, c., which is
registered as a Pennsylvania corporation at 3 Logans Run, Enola, PA 17025.
Wev
n
e•a
m
rTi
w
i
fir;
c..n
f`J
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NYCE CONCRETE CONSTRUCTION
VS
ABSOLUTE HOMES
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
ABSOLUTE HOMES the
OWNER , at 1920:00 HOURS, on the 11th day of February-, 2008
at 729 ZEIGLER LANE
ENOLA, PA 17025 by handing to
THOMAS FROMM, OWNER, ADULT IN CHARGE
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
Surcharge 4
So Answers:
1
8.00
15.36
.00
10.00 R. Thomas Kline
.00
43.36 02/12/2008
FREY 7 TILEY
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A. D.
NYCE CONCRETE
CONSTRUCTION, INC.
Claimant
V.
ABSOLUTE HOMES, a Pennsylvania
Corporation,
Owner
TO THE PROTHONOTARY:
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-804-MLD
Mechanics' Lien
(Lot No. 5, Plan Book 77, Page 20)
PRAECIPE
Please enter satisfaction of the mechanics lien claim entered in the above-
captioned action.
Dated: May 27, 2008
Respectfully submitt_ ed
By
Stephen D. Tiley, Esquire
Attorney for Claimant,
Nyce Concrete Construction, Inc.,
5 South Hanover Street
Carlisle, PA 17013
(717) 2430-5838
Supreme Court I.D.#32318
r_- °
Mme- ?
?
? r Q
Zp
1