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HomeMy WebLinkAbout08-3156 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No. t7$ - 31 51o 1 kLD ALTIERI ENTERPRISES, INC., Respondent MECHANICS' LIEN CLAIM AND NOW, TO WIT, this l-r day of May 2008, comes the Claimant, Mackley, Inc., by and through its counsel, CGA LAW FIRM, pursuant to the Mechanics' Lien Law of 1963, Pub. L. No. 1175, No. 497, §503 (Pa. Stat. Ann. §1503), and files this claim, stating as follows: 1. Claimant, Mackley, Inc., is Pennsylvania corporation, with its principal place of business located at 6 West Market Street, Hellam, PA 17406. 2. The improvements and property claimed to be subject to the lien are a residential dwelling located at Lot 8, 207 Brookmeadow Drive, Mechanicsburg, PA 17050, of the Brook Meadow Cluster Development (the "Property"), the fixtures contained therein and the lot upon which said dwelling is situated. A copy of the deed encompassing the subject property is attached hereto and incorporated herein as Exhibit "A". 3. The owner of the Property, Altieri Enterprises, Inc., is a Maryland corporation with its principal place of business located at 9017 Red Branch Road, Suite 201, Columbia, MD 20145. 4. Claimant files this claim as a Contractor under its verbal contract with the Owner, Altieri Enterprises, Inc. wherein Claimant agreed to and did supply materials and labor for the erection and/or construction of the improvements on the Property as follows: installation of a (00226347/1) water service, plumbing ground works, and the rough-in for the plumbing, and finalized plumbing. 5. Claimant completed the last of its work for which this claim is made, on January 18, 2008, which is less than six (6) months before the filing of this claim. 6. The claim is made for materials and supplies on unpaid invoices totaling $13,621.50, of which $4,530.97 constitutes materials and $9,090.53 constitutes labor charges. The invoices for the above labor and materials are attached hereto and incorporated as Exhibit (4D . 11 Respectfully submitted, CGA LAW FIRM Rees Griffiths, Esquire Supreme Court I.D. 21896 Tina H. Fox, Esquire Supreme Court I.D. 93366 135 North George Street York, PA 17401 717-848-4900 717-843-9039 Attorneys for Claimant {00226347/1} VERIFICATION I, the undersigned, Lynn Mackley, Mackley Inc., hereby affirm that the facts contained in the foregoing Claim for Mechanics' Lien are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. By: Dated: V-0 {00226347/1) Macklev_ Inc _go Tax ID No. 38-08-0567-081 0 l?CFt?r.tjv COtjNYY-F ; :Jti; ,01 NOV 20 fl? 11 32 THIS DEED MADE the 9th day of November, in the year of our Lord two thousand one (2001) BETWEEN Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife GRANTORS AND Altieri Enterprises, Inc. , a Maryland corporation GRANTEE WITNESSETH, that in consideration of One Million Four Hundred Thousand and 00/100 ($1,400,000.00) DOLLARS, lawful money of the United States of America, unto it well and truly paid by the said Grantee at and before the sealing 'and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, alien, enfeoff, release and confirm unto the said Grantees its successors and assigns, ALL THAT CERTAIN piece, parcel, or tract of land situate, lying and being in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, and described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT to all rights-of-way, easements, and applicable building setback requirements of the municipality as shown on the above-referenced plan of subdivision. TOGETHER WITH all and singular ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever thereunto 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 said tract of land in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township. Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21. 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75 and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.41 feet to a point; thence continuing along said dividing line between Lot Nos. I and 2 crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Faust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now, or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Nail, Lester Livingstone, Sylvan Comman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley. South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. Boa 249 %U378 LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5,10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132. Cumberland County Records. Consisting of 47.706 acres BEING THE SAME PREMISES which Shahnawaz Mathias tla Eastern Development and Design and Debra A. Maihias, by deed dated June 211998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias I/a Eastern Development and Design and Debra A. Mathias, his wife o moo -Al. co - en M M_ M Q Q W V1 G?r? d0[.II CJGOCJ1 Lf1 Q GS p C 6 0 Q p p O G U1 o, rr ? e a ? rg Ln p O a ' ?O N ? r- a coo r C N %3 q i 10 fl ?- 1? W 6 Cq BOOK 249 PACEJ379 TO HAVE AND TO HOLD the said tract of land, hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenance, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantees, their successors and assigns forever. AND the Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of (SEAL ) SMA IAS a k a SHAHNAWAZ M. 4MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN + LIAS DEBRA A. COMMONWEALTH OF PENNSYLVANIA t ss COUNTY OF YORK On this the 9th day of NOVEMBER, 2001, before me, a Notary Public in and for the said County and State, the undersigned officer, personally appeared SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS t/a EASTERN DEVELOPMENT AND DESIGN, known to me or proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and ficial seal. My Commission Expires: r!Q cN r ? o ry Pub is (SEAL) Notaiial Seal Rank J. Buck Notary Public So nny Gar don Twp-, Yortc County MY Commisslon Expires Dec. 23. 2= Member. Pennsylvania Association of Notaries som 249 ewi380 COMMONWEALTH OF PENNSYLVANIA es COUNTY OF YORK On this the 9th day of NOVEMBER, 2001, before me, a Notary Public in and for the said County and State, the undersigned officer, personally appeared DEBRA A. MATHIAS known to me or proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. { SF.A7,I Notary u i My Commission Expires: UWARIJAL SEAL ,-"' MONA L. NA040, Nobry Prbge . a e d?E. Red Lim Unusk Yore C-* r yea Mp C~A"iwr bLoWs Feb. It, 1001 ,.. I hereby certify that the precise and complete post office address of the within named Grantee is: Gl? l ?z l'Yra mAd MD cPIU-? A Vent for the Grantee ,, rc• _ c_ i-r! :?t! ;, .. ' F A P P.crord,.-r of Deeds soox 249 PACE138JL MACKLEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 I Voice: 717-751-2151 Fax: 717-757-7231 Qill To: ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Invoice Number: 9427 Invoice Date: Oct 5, 2007 Page: 1 Duplicate Ship to: BROOKMEADOW LOT 8 I N At k".0 i C E Customer ID Customer PO ALTI Sales Rep ID Shipping Method UPS Ground Quantify Item Description PLBGIN EXTRA LABOR & BACKHOE TO DIG DRAINS & WATER SERVICE UNDER FOOTERS Check/Credit Memo No: Payment Terms Net 15 Days Ship Date Due Date 10/20/07 Unit Price i Amount 337.50 Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOTAL. - 337.50 337.50 337.50 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE " MACKLEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Invoice Number: 9445 Invoice Date: Oct 9, 2007 Page: 1 Duplicate Ship to: BROOKMEADOW LOT 8 Customer ID Customer PO Payment Terms ALTI Net 15 Days Sales Rep ID Shipping Method Ship Date Due Date UPS Ground 10/24/07 Quantity Item Description Unit Price Amount PLBGIN i I INSTALL WATER SERVICE 589.00 Subtotal 589.00 Sales Tax Total Invoice Amount 589.00 Check/Credit Memo No: Payment/Credit Applied TOTAL 589.00 ALL INVOICES OVER 30 DAYS WILL HAVEA 1 1/2% PER MONTH FINANCE CHARGE MACKLEY, INC. '6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 INVOICE Invoice Number: 9496 Invoice Date: Oct 19, 2007 Page: 1 Duplicate Bitl'To: j ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Ship to: BROOKMEADOW LOT 8 Customer ID Customer PO ; Payment Terms ALTI Net 15 Days Sales Rep ID Shipping Method Ship°Date Due Date UPS Ground 11/3/07 Quantity Item Description Unit Price Amount PLBGIN PLUMBING GROUNDWORKS 1,904.00 Subtotal 1,904.00 Sales Tax Total Invoice Amount 1,904.00 Check/Credit Memo No: Payment/Credit Applied TOTAL 1, 904:00 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE MACKLEY, INC. '6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 Bill To: ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Ship to: BROOKMEADOW LOT 8 Customer ID Customer PO Payment Terms ALTI Net 15 Days Sales Rep ID Shipping Method Ship Date Due Date UPS Ground 12/8/07 Quantity Item Description Unit Price Amount PLBGIN ROUGH-IN PLUMBING 5,713.00 Subtotal 5,713.00 Sales Tax Total Invoice Amount 5,713.00 ;,heck/Credit Memo No: Payment/Credit Applied TOTAL 5 713.00 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE •+VA'CKLEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 114VOICE Invoice Number: 9770 Invoice Date: Jan 9, 2008 Page: 1 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE c. _w z: rl it IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. ALTIERI ENTERPRISES, INC., Respondent No. 08-3156-MLD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss. Before me the undersigned officer, personally appeared KATHLEEN H. MOVER, Paralegal for Rees Griffiths, Esquire, CGA Law Firm, counsel for the Claimant, Mackley, Inc., who being duly sworn according to law, deposes in says that I served a copy of the Notice of Filing Mechanics' Lien Claim and Mechanics' Lien Claim Petition for Citation Requiring Production of Will filed on May 19, 2008 upon the Respondent, Altieri Enterprises, Inc. via certified mail, return receipt requested. A copy of the sender's receipt is attached hereto as Exhibit "A." The certified mail receipt card was signed for on or about June 2, 2008. The certified mail receipt card is attached hereto as Exhibit "B." Sworn and subscribed to before me this day of -J -i A , 2008 N?hry Public l:fip of NSYLWM 9QMHQM #" My commission expires: W64Ft8i NiN 212 & 0k Noun Puma t Yefk Ooun {00233600/1} 5" Juno 1Q. 2010 CGA AW FIRM Kathl en H. Moyer, P alega r Rees Griffiths, Esquire ', .0 co cc IL 0" m N m a of O O ru O m r- 0 C3 Iti d w w ( )O.Oou 02 1M MAY 29 2008 '000422-9668 17401 MAILED FROM ZIP CODE A . . "\ ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. g ¦ Attach this card to the hack of the maiiplece, or on the front if space permits. D. Is 1. Article Addressed to: w ? Agent ? Addressee by (Prl ) C. Date of Delivery Item 1? ? Yes detlverv w: ? No nI..herinferpnses?C. qo?? Orar?n 50201 5- ` 1 41 ColarnbOLAD rr? / 3 Ill 13 Express Mail ? Registered .? Reee i%ft h19M1dM ? Insured mail ? C.O.D. 4. Restricted DWkwy? (Extra Fee) ? Yes 2. Article NurrOw 7007 3020 0003 2394 2886 Mwxdbrftm met low ?A Ps Form 3811, FebnMry 2004 De dr Fhft A m lip lom 5- CERTIFICATE OF SERVICE I hereby certify that on this 9th June 2008, a true and correct copy of the foregoing Affidavit of Service has been served via first-class mail, postage prepaid, upon the following: Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 CGA LAW FIRM ?_44dN Kat Teen H. Moyer, arale 1 r Rees Griffiths, Esquire {00233600/1} r7 a 0 a L r?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No.08-3156-MLD ALTIERI ENTERPRISES, INC., Respondent , PRAECIPE TO SATISFY TO THE PROTHONOTARY ( ) Please mark the above-captioned action settled and satisfied. (X) Please mark the above-captioned judgment or lien settled and satisfied. Date: Respectfully submitted, CGA LAW FIRM Rees Griffiths, Esq ire Supreme Court I.D. #21896 Tina H. Fox, Esquire Supreme Court I.D. #93366 135 North George Street York, PA 17401 717-848-4900 717-843-9039 fax Attorneys for Claimant J00239434/1) CER FIFICATE OF SERVICE I hereby certify that on this of July 2008, a true and correct copy of the foregoing Praecipe to Satisfy has been served via first-class mail, postage prepaid, upon the following: Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 20145 CGA LAW FIRM ?ftlk6n?o , Kat Teen H. Moyer, Parale 1 for Tina H. Fox, Esquire X00239434/1) il r ?Vy ti r } T?