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HomeMy WebLinkAbout08-2897Jonathan W. Crisp, Esquire ID# 83505 3601 Vartan Way Harrisburg, PA 17110 Telephone: 717-909-8227 Facsimile: 717-657-0263 icrispOcrisnlee al.com HI-TECH HI-ART, LLC Contractor V. HAROLD F. WILEY and JOSE M. NIEVES and PEGGY W. NIEVES Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No.: 0 g • a g--f7 Hi-Tech Hi-Art, pursuant to the Mechanics' Lien Law of 1963, Pub. L. No. 1175, No. 497, Section 503 (49 Pa. Stat. Ann. 1503), files this claim of lien as a contractor against Harold F. Wiley, Jose M. Nieves and Peggy Nieves, the owners, and against the building and premises described in this claim and the appurtenant curtilage, for the debt of $16,887.00, together with lawful interest from January 1, 2008, due to Hi-Tech Hi-Art, LLC as contractor in the installation of a new metal shingle roof on the building, and makes the following claim: 1. The name of the claimant is Hi-Tech Hi-Art, LLC. 2. The address of the claimant is 32 8th Street, New Cumberland, PA 17070. 3. The names of the owners of the premises and building against which this claim is filed are Harold F. Wiley, Jose M. Nieves and Peggy Nieves and their address is 2258 Pine Road, Newville, PA 17241. 4. The claimant contracted directly with Harold F. Wiley, Jose M. Nieves and Peggy Nieves. 5. The claim of the claimant is based on the contract then owner and materials, entered into between Harold contract,wthe as signed as well as the Landlord of the property at the time Jose M. Nieves and Peggy then tenants Nieves of and the the property and now joint owners, on 20 October 2007 for $16,887.00, labor and materials inclusive. The work aand materials were bout 10 December furnished from on or about 2October ofthe work was the furnishing of metal 2007. The nature and character shingle roofing materials, metal flashing, inspecting wood decking and replacing as necessary, screws, etc., and the labor necessary ce as installation. Attached hereto and incorporated herein by referenfor Exhibit A, is a copy of the contract by and between the Claimant and Owners. 6. The sum of $16,887.00, together with lawful interest from collateral 2008, is due the claimant. The claimant has no note or other security for the claim. 7. The work was done and the materials furnished for the installation of the metal shingle roof of one story ranch style residence and large garage at 2258 Pine Road, Newville, Pennsylvania 17241. Said property parcel inbID number is 31-11-0302-016. Attached hereto and incorporated reference as Exhibit B is the deed describing said property. J W. Crisp, Esquire Attorney ID No.: 83505 3601 Vartan Way Harrisburg, Pennsylvania 17110 Ph: 717-909-8227 Fax: 717-657-0263 Verification Commonwealth of Pennsylvania County of Cumberland John B. DiSanto, owner/agent of Hi-Tech Hi-Art, oC am thetractor, being duly sworn, deposes and Uohn B. I Dave read the foregoing authorized agent of the claimant above named. claim and declare that so far as they are within my knowledge, all facts set forth in the claim are true. V) ) NC ; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christopher M. Harrr'nadter, Notary Public Lower Alien TVip., Cumberland County My Catmaiealort Expires Apri 30, 2011 Member, Pennsylvania Association of Notaries ?r [JI 1-800-341-3053 Showcasing homes throughout the USA Oq COAST TO COASp We hereby propose to furnish the materials and perform the labor necessary for the completion of v Cy P O 4F e 1?/J / 1S /t-- rr? w e ' • ? Copper ® teel ? Plastic ? Aluminum ? Tile/Siate ? Slate I 1.The contractor shall provide a competent foreman to supervise all work and act as the contractor's representative unless designated otherwise. 2. No installation shall be performed during rainy or inclement weather or on frost or wet covered surfaces. 3. Work shall be scheduled to provide a water tight seal at the end of each work day, in the areas worked upon during that day. 4. Underlayment, install 1 ply over entire roof area. 5. Install metal flashings along eaves, rake edges, metal valleys and all other areas required to complete the roof installation. 6. Completion of days work, inspect the days work and repair any deficiencies and clean up prior to leaving site for the day. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above taork and completed in a substenial workmanlike manner for the sum of Dollars ($ fj1'r with payments to be made as follows. vey alteration or deviation from above specifications involving extra costs Respectfully Submitted All be executed only upon written order, and will become an extra harge over and above the estimate. Al agreements contingent upon Per 49 trikas, accidents, or delays beyond our control. Note-This proposal m)* be withdrawn by us if not accepted] within days. ie above prices, specifications and conditions are satisfac d we r accepted. You are authorized to do the work as specified. Payments will be ode as outlined' above. / ,to Signature Signature START TO FINISH -,JOIN THE RICAN OFING RE OLUTION 1 t?3-- v Gp Prepared By & American Freedom Assurance, Inc. Return To: 1055 Westlakes Drive, Ste 3016 Berwyn, PA 19312 610-640-2040 File No. 08-05870 UPI/Parcel No. 31-11-0302-016 Tbi!g lUbentUre, Madethe / Vil day of `2CV?g in the year of our Lord two thousand and eight (2008) joetWeen Harold Wiley, single man (Hereinafter called the Grantors), of the one part, and Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife (Hereinafter called the Grantee), of the other part, tttte?etTj, that the said Grantors for and in consideration of the sum of One Dollar ($1.00) lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, Sole Owner, his/her personal representatives and assigns his heirs and assigns, ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES (40) MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY- SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG LOT NO.2 NORTH NINE (09) DEGREES (12) MINUTES ONE (01) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE-HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF LR 21008 SOUTH EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS EAST ONE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. ? K t4-_rV_r-r -6 Am . BEING TAX MAP NUMBER 31-11-0302, PARCEL NUMBER 016, ALSO BEING KNOWN AND NUMBERED AT 2258 PINE ROAD, NEWVILLE, PENNSYLVANIA 17241. Being the same premises Pennsylvania State Bank, by deed dated 11114103 and recorded 11119103 in Cumberland County in deed book 260 page 2063 conveyed unto Harold Wiley, single man, in fee. .. sogetber tMitb all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditament and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same. TO babe sorb tO OM the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditament and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and be hoof of the said Grantee, his heirs and assigns, forever. SO the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Grantee, his heirs and assigns, that they, the said Grantors, and their heirs, all and singular the hereditament and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, against them, the said Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will Warrant anb f oreber Attenb. R 39 ttteO 30bUt'do the parties of the first part have hereunto set their hands and seals. Dated the day and year first above written. &ealeb anb Adibereb IN THE PRESENCE OF US: CH/ (SEAL) Wiley (SEAL) Commonwealth of Penns Ivania County of C-11 en?eown? :SS On this the /6Aay of ??xa?ry C% before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of ?,?r•?? , the undersigned Officer, personally appeared, N a_" O (,'.->; {"--.' known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. l? IN WITNESS WHEREOF, I hereunto set my hand COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Joseph L. Grove, Notary Public Silver Spring TO., cumber{and County P M Commission Ex res June IS 2009 r mo,nbo,, Ponns*onio A"oC~ of Notmies seal. ((Public mmission expires V I $?? The address of the above-named Grantee is: 2258 Pine Rd Newville, PA 17241 Penn Township County of Cumberland ('y; L ( 0 k MC4 e_? L't, Or DEEDS 'i,LallD COUNTY-; 3 "9U 19 are 9 y0 n/4ADE the ?, day of November in the year two thousand three (2003). Between PENNSYLVANIA STATE BANK, A Pennsylvania Corporation of Camp Hill, Cumberland County, Pennsylvania, GRANTOR and Party of the First Part a 11 d HAROLD F. WILEY, single man, of Shippensburg, Cumberland County, Pennsylvania, GRANTEE and Party of the Second Part, Witnesseth, that in consideration of One Hundred Ten Thousand ($110,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee: ALL THAT CERTAIN tract of land known as Lot Number 1, Situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Larry V. Neidlinger, Registered Surveyor, dated August 2, 1976, as follows: BEGINNING at an iron pin on the Southern right-of-way of LR21008 (Pine Road) being the Northeast corner of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or formerly; South Nine (09) degrees forty (40) minutes West four hundred twenty-one and fifty-six one- hundredths (421.56) feet to an iron pin; thence along the property now or formerly of Mark E. Killian North eighty-seven (87) degrees twenty-three (23) minutes thirty-two (32) seconds West one hundred thirty-two and forty-four one-hundredths (132.44) feet to an iron pin; thence along Lot No. 2 North nine (09) degrees twelve (12) minutes one (01) second East four hundred thirty-six and seventy-five one-hundredths (436.75) feet to an iron pin; thence along the Southern right-of-way of LR 21008 South eighty (80) degrees forty-seven (47) minutes fifty-nine (59) seconds East one hundred thirty- five (135) feet to the place of BEGINNING. Boot 260 PAGF20 f3 CONTAINING 1.313 acres and being Lot No. 1, according to a Sub-division Plan by Larry V. Neidlinger, P.E., dated August 12, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29 at Page 108. BEING TAX MAP number 31-11-0302, Parcel number 016, and also being known and numbered as 2258 Pine Road, Newville, Pennsylvania 17241. BEING the same premises which R. Thomas Kline, Sheriff of the County of Cumberland in the Commonwealth of Pennsylvania, by his Deed dated the 14"' day of July, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on the 31" day of July, 2003, granted and conveyed unto Pennsylvania State Bank under Real Estate Sale No. 60, Writ of Execution No. 2003-143 in the County of Cumberland, Commonwealth of Pennsylvania, said Pennsylvania State Bank being Grantor herein. AND the said Grantor Will Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor has caused its agent to hereunto set his hand and seal the day and year first above written. PENNSYLVANIA STATE BANK Cumberland County Recorder of Deeds By. Instrument Filing Title: `reAl w. ??fe ?ie%'oGr+7?' mr eiet# 4r ?m5 Instr# :003-463801 Remarks: SALZMANN 'Assistant Secretary DEED DEED - #RIT :`„?xG t.`/auin?e GEED - RTT STATE GIG SPRING PENN TO#NSl1IP DEED - I HEREBY CERTIFY that the precise residence of the Grantee Is E..S. I/A T J . . . CO IMUVE EiVT FND HAROLD F. WILEY Zt* PrAC 0 REC. IMPMT FUND Ch k# ec 9 44 3453 PA Check# 3445 MWV.411t, Pa Z,y otal Received....... BOOK 260 PACE2064 Attorney for Grantee /? ...,., k4 pert f &r 4vw ,,, 4 r ??w.?, Sh r 11/19/2003 004,;rr: It ,Yn .50 530.00 ;- 32, ` ?h y ?,•. `?omnzn?+u?ea? o??evr.??iuairux. ((:(JI.IiYI?? O??II/YJt.(tC?XGIL/'1.? :9.1. On this, the 144 day of November, 2003, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, pers ally appeared A , t?(r % ?AW 01*W , in hiss' capacity as Qfr)(6 r V Ce -r,-s A en+ of Pennsylvania State Bank, known to me (or proven to be) the person whose name is subscribed to the within instrument, and acknowledged that he/*t executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public My Commission Expires: (MI& L. Nomy Pd& 06 Qt,, emmWm ax*n SaM 24. 20 d Commonwealth of Pennsylvania County of Cumberland :ss. `Y r x AT: RECORDED in the Office for Recording of Deeds, etc., in and for said County, in Deed Book , Page 4?". • V W Sys,,., +W' r O 34?? . .. •51.:1', •.,.?. WITNESS my hand and official seal thil CertilIly t]a* 60 be recorded 2003. III Cunibe, land k.,vtn`ItV I'A 11 ?keCoid f Deeds I eC?'S. ;Cr of .D''ed '_; 17:\USY-'.ft\130NNlEJO\PSB\DEEDS\wiley.wpd:IONovO3 BOO 260 PACE2065 K n °w cam a cr CD rn .wf-F SHERIFF'S RETURN - REGULAR CASE NO: 2008-02897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HI-TECH HI-ART LLC VS WILEY HAROLD F ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon WILEY HAROLD F the OWNER at 2258 PINE RD , at 0018:35 HOURS, on the 5th day of June , 2008 NEWVILLE, PA 17241 by handing to PEGGY NIEVES ADULT IN CHARGE 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 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 Postage l .42 ?1?16g- 41.42 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/06/2008 JONATHAN CRISP By: Deputy Sheriff A. D.