HomeMy WebLinkAbout08-3159IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
I?tcA
V. No. 08- 3159
ALTIERI ENTERPRISES, INC.,
Respondent
MECHANICS' LIEN CLAIM
AND NOW, TO WIT, this ffday 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 3, 202 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
{00226340/1)
erection and/or construction of the improvements on the Property as follows: installation of a
water service, plumbing ground works and the rough-in for the plumbing.
5. Claimant completed the last of its work for which this claim is made, on January
16, 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
$8,391.50, of which $3,672.03 constitutes materials and $4,719.47 constitutes labor charges.
The invoices for the above labor and materials are attached hereto and incorporated as Exhibit
«B
Respectfully submitted,
:C7 AW FIRM
Rees tariff-A re
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
(0022634011)
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:
?P-
Dated:
(00226340/1)
Mark1Pv Tn(-.
Tax ID No. 38-08-0567-081
CID j
L? LK?'.tl? COUNZY-PA
pl NOU 20 Bpi 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.
ROO 249 PAGU377
• w•
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.
BOOK 249 PACED78
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 t/a Eastern
Development and Design and Debra A. Maihias, by deed dated June 2,1998 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
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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)
SHAH MA IAS a /k a SHAHNAWAZ M.
MATHIAS, t/a EASTERN
DEVELOPMENT AND DESIGN
IV" EAL )
?a? 6? DEBRA A. MATHIASk-
COMMONWEALTH OF PENNSYLVANIA
: 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.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and ficial
`-'-.My Commission Expires:
(SEAL)
-9 Poo o ry Pub is
Notatiai Seal
4Lr;dd.en uck Notary Public
7wp.. York Camty
My r E)ires Dec. 23.2002
Member. Pmmsytvania Association of Notaries
nox 249 ewi380
COMMONWEALTH OF PENNSYLVANIA
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 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.
(SEAI,?.
Notary u i
,? _
My Commission Expires o2xy'twr«'
FARM SM
Red Lim /emok York Cewdr . `(
My Cos Usien Expies Feb. 19, 2W
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I hereby certify that the precise and complete post
office address of the within named Grantee is:
s
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Agent for the Grantee
P e(-or( -r of Deeds
Boa 249 PAGE13ft
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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
0 1
Invoice Number: 9422
Invoice Date: Oct 5, 2007
Page: 1
Duplicate
Ship to:
BROOK MEADOW -LOT 3
Customer ID Customer PO Payment Terms
ALTI Net 15 Days
Sales Rep ID Shipping Method Ship Date Due Date
UPS Ground 10/20/07
Quantity Item_ Description_ Unit Price Amount
PLBGIN EXTRA LABOR & BACKHOE TO INSTALL 337.50
WATER SERVICE AND DRAINS UNDER
FOOTERS DUE TO NO SLEEVE BEING
INSTALLED
Subtotal 337.50
Sales Tax
Total Invoice Amount 337.50
;heck/Credit Memo No: Payment/Credit Applied
TOTAL 337.50'
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHA
Is I
MACKLEY, INC.
6 WEST MARKET STREET
FiELLAM, PA 17406
Voice: 717-751-2151
Fax: 717-757-7231
)
Invoice Number: 9440
Invoice Date: Oct 9, 2007
Page: 1
Duplicate
Bill To: Ship to:
ALTIERI HOMES
9017 RED BRANCH RD
SUITE 201
COLUMBIA, MD 21045 BROOKMEADOW LOT 3
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
i
i PLBGIN INSTALL WATER SERVICE 589.00
Subtotal 589.00
Sales Tax
Total Invoice Amount 589.00
Check/Credit Memo No: Payment/Credit Applied
TOTAL T 589'.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
BilI To:
ALTIERI HOMES
9017 RED BRANCH RD
SUITE 201
COLUMBIA, MD 21045
3,t
I N V
Invoice Number: 9491
Invoice Date: Oct 19, 2007
Page: 1
Dup#cat e
Shipto:
BROOKMEADOW LOT 3
mer ID Customer PO Payment Terms` -
EALTI Net 15 Days
Rep ID Shipping Method Ship Date DuwDate
UPS Ground
- - - -- - 11/3/07
Quantity Item Description Unit Price Amount
I
I PLBGIN
i PLUMBING GROUNDWORKS 1,866.00
J UD10ta l 1,866.001
Sales Tax
Total Invoice Amount 1,866.00
Check/Credit Memo No: Payment/Credit Appli ed
TOTAL - - - - 1 86$: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
N V
Invoice Number: 9791
Invoice Date: Jan 16, 2008
Page: 1
Duplicate
Bill To:
ALTIERI HOMES
9017 REDBRANCHH RD
SUITE 201
COLUMBIA, MD 21045
lustomer ID
ALTI
Sales Rep ID
?2uantity Item
I PLBGIN
Check/Credit Memo No:
Customer PO
Shipping Method
UPS Ground
Des cript ion
ROUGH-IN PLUMBING
Ship to:
BROOK MEADOWS-LOT 3
Payment Terms -?
Net 15 Days --
Ship Date Due Date
1/31/08
Unit Price Amount
1 1 5,599.00
Subtotal
Sales Tax
Total Invoice Amount
Payment/Credit Applied
TOTAL - -- -
5,599.00
5,599.00
'5,599.00
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V.
No. 08-3159-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss.
Before me the undersigned officer, personally appeared KATHLEEN H. MOYER,
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 she 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
CG LAW FIRM
Ka Teen H. Moyer, Parale for
Rees Griffiths, Esquire
COMMONWEALTH OF 12ENNSYLV6ANIA
My commission expires: Notarial Seal
Agatha C. Puleo, Notary Public
City of York, York County
My Commission Expires June 18, 2010
{00233613/1}
before me this L?lLday
of T-",(t , 2008
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
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CERTIFICATE OF SERVICE
I hereby certify that on this 9t" 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
va *V d1l,
Kat Teen H. Moyer, aleg or
Rees Griffiths, Esquire
{00233613/1}
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V. No.08-3159-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17031
717-249-3166
EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND.
PENNSYLVANIA
DIVISION CIVIL
MACKLEY, INC.,
Claimant
V. No.08-3159-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
AVISO PARA DEFENDER
Conforme a PA RCP Num. 1018.1
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA
FIJAD AQUi ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION
DE COMO CONSEGUIR UN ABOGADO.
SI USETED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17031
717-249-3166
{00227585/1} 2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V. No.08-3159-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM
AND NOW, this /)-? day of July, 2008, comes the Claimant, Mackley, Inc., by
and through its undersigned counsel, CGA Law Firm, and files this Complaint, and in
support thereof states the following:
1. Claimant, Mackley, Inc., is Pennsylvania corporation, with its principal
place of business located at 6 West Market Street, Hellam, PA 17406.
2. The owner of the subject property, Altieri Enterprises, Inc. ("Altieri"), is a
Maryland corporation with its principal place of business located at 9017 Red Branch
Road, Suite 201, Columbia, MD 20145.
3. Claimant is a contractor who provides materials and labor for heating,
cooling and plumbing services in Pennsylvania.
4. Altieri is the fee simple owner of the property situated at Lot 3, 202
Brookmeadow Drive, Mechanicsburg, PA 17050 (the "Property"), of the Brook Meadow
Cluster Development in Cumberland County, Pennsylvania.
5. Altieri owned the Property at all times when Claimant performed
plumbing services thereon.
;00227585/1) 3
6. Claimant, as a plumbing contractor entered into a verbal contract with the
Owner, Altieri 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 water service, plumbing ground works and the rough-in for the plumbing.
7. Altieri failed to make payment to Claimant for the work performed, and
has an outstanding balance due and owing of $8,391.50, of which $3,672.03 constitutes
materials and $4,719.47 constitutes labor charges.
A Mechanics Lien Claim was filed with the Court of Common Pleas of
Cumberland County on May 19, 2008. A true and correct copy of the claim is attached
hereto and incorporated herein as Exhibit "A".
9. Additionally, on June 2, 2008 service was made upon Altieri of the
Mechanics Lien Claim and the Notice of Filing of the Mechanics Lien Claim was served
via Certified Mail Return Receipt Requested as evidenced by the Affidavit of Return
filed with the Prothonotary of Cumberland County on June 11, 2008.
10. Altieri has not made payment towards the outstanding balance owed to
Claimant for the plumbing work performed at the Property.
11. Altieri owes Claimant for the work performed and materials supplied at
the Property, as more fully described in the attached Mechanics Lien Claim, a total
amount of $8,391.50.
100227585/1 4
WHEREFORE, Claimant respectfully requests that this Honorable Court enter
judgment in its favor and against Altieri in the amount of $8,391.50, and for such other
and further relief as this Court deems just and proper.
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
{0022,585/„
VERIFICATION
I, the undersigned, Lynn Mackley, Mackley Inc., hereby affirm that the facts
contained in the foregoing Complaint 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.
Dated: 610MIOL
Mackley, Inc.
1 Z6 4
By:
Lynn Mackley
{00227585/1}
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC., -
Claimant
V. No. pa - 31s9 ,p ` ?' zvr r s
ALTIERI ENTERPRISES, INC., 1 ,?, 1 r
Respondent ? ?-
<
MECHANICS' LIEN CLAIM
AND NOW, TO WIT, this a 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 3, 202 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
(0022634011(
erection and/or construction of the improvements on the Property as follows: installation of a
water service, plumbing ground works and the rough-in for the plumbing.
5. Claimant completed the last of its work for which this claim is made, on January
16, 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
$8,391.50, of which $3,672.03 constitutes materials and $4,719.47 constitutes labor charges.
The invoices for the above labor and materials are attached hereto and incorporated as Exhibit
"13.51
Respectfully submitted,
CGA AW FIRM
Rees Griffit , 're
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
{00226340/1)
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 unswom falsification to authorities.
By:
Dated: !/ d
100226340/11
Macklev. Inc.
o
IT?
Tax ID No. 38-08-0567-081
BEDS
LCOUNTY- FA
01 NOU 20 R11 1132
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.
BOOR 249 PACE1377
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. I 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. I 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 Cornman, 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.
BOOK 249 RGED78
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 t/a Eastern
Development and Design and Debra A. Maihias, by deed dated June 2,1998 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
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BOOK 249 PAc[1379
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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 A"S'?n (SEAL)
SHAH MA IAS a k a SHAHNAWAZ M.
MATHIAS, t/a EASTERN
DEVELOPMENT AND DESIGN
_N16 4"- EAL )
DEBRA A. MATHIA
COMMONWEALTH OF PENNSYLVANIA
s 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.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and ficial
My Commission Expires:
(SEAL)
o ry Pub is
Notatlal Seal
FMirpliFrFrank JBuck . Notary Public
Garden Twp.. York County
Conmisslon Eiires t)ec. 23.2002
Member. Pennsylvania Association of Notaries
Bow 249 FACE1380
COMMONWEALTH OF PENNSYLVANIA
013
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.
Notary u ic" 4'
My Commission Expires: dj? ?!'.wyssr;;r
WMARMI SEAM
MONA L HAOM, "wV Pubk
Red the Domook, Murk Cewdy
My C.wwimsm bLom. h!. 1!, 1004
seal.
90 1'1 1?5qarrh emd
I hereby certify that the precise and complete post
office address of the within named Grantee is:
A ant for the Grantee
1?, rn ? ?/?XI?
nf Deeds
soox 249 eAeEi381
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
I
INVOICE
Invoice Number: 9422
Invoice Date: Oct 5, 2007
Page: 1
Duplicate
r Ship to:
BROOK MEADOW -LOT 3
Customer ID Customer PO Payment Terms
ALTI Net 15 Days
Sales Rep 1D Shipping Method Ship Date Due Date
UPS Ground 10/20/07
Quantity Item Description Unit Price; Amount
PLBGIN EXTRA LABOR & BACKHOE TO INSTALL 337.50
WATER SERVICE AND DRAINS UNDER
FOOTERS DUE TO NO SLEEVE BEING
INSTALLED
I
C?l J
/
J"
g
Subtotal 337.50
Sales Tax
Total Invoice Amount 337.50
Check/Credit Memo No: Payment/Credit Applied
TOTAL
33Ts50
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 112% PER MONTH FINANCE CHA
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
INVOICE:
Invoice Number: 9440
Invoice Date: Oct 9, 2007
Page: 1
Duplicate
Ship to;
BROOKMEADOW LOT 3
I?
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
I PLBGIN
A
I
I
i INSTALL WATER SERVICE
? 589.00
Subtotal 589.00
Sales Tax
Total Invoice Amount 589.00
:heck/Credit Memo No: Payment/Credit Applied
TOTAL
589' DO
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
NJACKLEY, 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
Invoice Number: 9491
Invoice Date: Oct 19, 2007
Page: 1
Duplicate
Ship to:
BROOKMEADOW LOT 3
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 Aiiiount.
i
I
;
i
i
I
I
I
I
i
i PLBGIN PLUMBING GROUNDWORKS 1,866.00
;
I
Subtotal 1,866.00
Sales Tax _
Total Invoice Amount 1,866.00
Check/Credit Memo No: Payment/Credit Applied
TOTAL ,. s
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
Invoice Number: 9791
Invoice Date: Jan 16, 2008
Page: 1
Duplicate
Customer ID Customer PO° Payment Terms
ALTI Net 15 Days
Sales Rep ID
Shipping Wthod
Ship Date _
Due_.Date
UPS Ground 1/31/08
Quantity Item Description Unit Price Amount
PLBGIN
I
i ROUGH-IN PLUMBING 5,599.00
t
Subtotal 5,599.00
Sales Tax
Total Invoice Amount 5,599.00
;heck/Credit Memo No: Payment/Credit Applied
TOTAL 5,599.00
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
CERTIFICATE OF SERVICE
I hereby certify that on this 8Ih day of July 2008, a true and correct copy of the foregoing
Complaint was 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
Kathleen H. Moyer, aleg or
Rees Griffiths, Esquire
Tina H. Fox, Esquire
{00238419/1}
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.
Plaintiff
V. No. 08-3159-MLD
ALTIERI ENTERPRISES, INC.
Defendant
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: ALTIERI ENTERPRISES, INC.
9017 Red Branch Road, Suite 201
Columbia, MD 21045
DATE OF NOTICE: August 1, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17031
717-249-3166 ? i
CG W FIRM C
Rees G iffiths, Esquire (#21896)
135 North George Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
t00243126/1}
CERTIFICATE OF SERVICE
I hereby certify that on this 1" day of August 2008 a true and correct copy of the
foregoing Notice of Praecipe to Enter Judgment by Default via first-class mail, postage prepaid
upon the following:
Altieri Enterprises, Inc.
9017 Red Branch Road, Suite 201
Columbia, MD 21045
CGA
Rees Griffiths, Esquire (#21896)
135 North George Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
{00243126/1}
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MACKLEY, INC.,
Plaintiff
V. No.08-3159-MLD
ALTIERI ENTERPRISES, INC.,
Defendant
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant for failure to enter an appearance and/or
file an Answer regarding the above-captioned action:
(X) Assess damages as follows:
Debt ....................................... $8,391.50
Interest .....................................$
Docket costs .............................. $
Attorney's Commission .................. $
TOTAL ................................. $8,391.50
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due
in the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a
copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe
was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney
of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached.
Date: August 14, 2008
ees re (#21896)
CGA aw Firm
135 North George Street
York, PA 17401
(717) 848-4900
Attorneys for Plaintiff
NOW, Aw 19 , 2008, JUDGMENT IS ENTE D AS ABOVE.
Pr onotary/ , Civ' Division
By:
Deputy
(00245194/1)
r
' t r Is&
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.
Plaintiff
V.
No. 08-3159-MLD
ALTIERI ENTERPRISES, INC.
Defendant
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: ALTIERI ENTERPRISES, INC.
9017 Red Branch Road, Suite 201
Columbia, MD 21045
DATE OF NOTICE: August 1, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17031
717-249-3166
C FIRM
Rees ffiths, Esquire (#21896)
TRUE C^ PY F ON4 RECOR' haW
In Testimony whtireof, { 4jisle, set my 135 North George Street
and seat of said Pa. York, PA 17401
... 717-848-4900
Th ay Attorneys for Plaintiff
100243126/1}
4
CERTIFICATE OF SERVICE
I hereby certify that on this I" day of August 2008 a true and correct copy of the
foregoing Notice of Praecipe to Enter Judgment by Default via first-class mail, postage prepaid
upon the following:
Altieri Enterprises, Inc.
9017 Red Branch Road, Suite 201
Columbia, MD 21045
CGA
ees Griffiths, Esquire (421896)
135 North George Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
100243126/1}
f' }
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A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
MACKLEY, INC.,
Plaintiff
V.
ALTIERI ENTERPRISES, INC.,
Defendant
No. 08-3159-MLD
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you in the amount of $8,391.50 on August 14'14, 2008.
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
New
Pro Ci Div.
by:
If you have any questions regarding this Notice, please contact the filing party:
NAME: Rees Griffiths, Esquire
ADDRESS: CGA Law Firm
135 North George Street
York, PA 17401
TELEPHONE: (717) 848-4900
(This Notice is given in accordance with PA.R.C.P. 236)
Notice sent to: Altieri Enterprises, Inc.
9017 Red Branch Road, Suite 201
Columbia, MD 20145
{00245194/1}