HomeMy WebLinkAbout08-3160IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V. No. 0% - 31 too We)
ALTIERI ENTERPRISES, INC.,
Respondent
MECHANICS' LIEN CLAIM
AND NOW, TO WIT, this (-eday 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 4, 203 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
{00226342/1}
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.
Claimant completed the last of its work for which this claim is made, on
December 7, 2007, 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
$8,063.50, of which $2,730.04 constitutes materials and $5,333.46 constitutes labor charges.
The invoices for the above labor and materials are attached hereto and incorporated as Exhibit
«B
Respectfully submitted,
CGA LAW F
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
{00226342/1}
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.
Mackley, Inc.
By:
4MLackley
Dated:
(002263au1 )
?o
?jglo? ?? G
Tax ID No. 38-08-0567-081
O
?COUNlY-PA
01 NOU 20 flit 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 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 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. Mathias, 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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Boox 249 PAcE1379
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)
S.
MA IAS a k a SHAHNAWAZ M.
MATHIAS, t/a EASTERN
DEVELOPMENT AND DESIGN
L)
LMATHIA DEBRA A. EA
COMMONWEALTH OF PENNSYLVANIA
t sot
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.
j"V-W 'y M Commission Ex
' pires:
(SEAL)
o ry P&c""-
12.o- z7-v Notarial Seal
Frank J. Buck, Notary Public
SOft Garden Twp., York County
MY Cortnysslon Expires Dec. 23, 2002
Member, PennsyNania Association of Notaries
Box 249 PAGEi380
COMMONWEALTH OF PENNSYLVANIA
sa
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 i
My Commission Expires: MIONA L MA&M, Not ry Vrbge 4.:
Red UM 1400yh, York County
Mty Comm6sion E:pirws Fob. 19, 3004
I hereby certify that the precise and complete post
office address of the within named Grantee is:
ClD 1'7
orb l'yra?r?r
A ent for the Gra
ntee
P%Ccor(h: r of Deeds
sou 249 FAGE13ft
MACKLEY
INC
,
.
6 WEST MARKET STREET . ?
HELLAM, PA 17406
Invoice Number: 9423
Invoice Date: Oct 5, 2007
Page: 1
Voice: 717-751-2151 Duplicate
Fax: 717-757-7231
Bill To:
ALTIERI HOMES
9017 RED BRANCH RD
SUITE 201
COLUMBIA, MD 21045
Ship to:
BROOK MEADOW -LOT 4
Customer ID
Customer PO
7
Payment Terms
ALTI
Sales Rep ID
Shipping Method Net 15 Days
Ship' Date Due Date
UPS Ground
_ 10/20/07
Quantity Item Description unit Price Amount
PLBGIN EXTRA LABOR & BACKHOE TO INSTALL
DRAINS & WATER SERVICE UNDER 337.50
FOOTER
i
I z6o
?C
Subtotal
337.50
Sales Tax
Total Invoice Amount
337.50
Check/Credit Memo No: Payment/Credit Applied
I TOTAL
33]: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
Bill To:
ALTIERI HOMES
9017 RED BRANCH RD
SUITE 201
COLUMBIA, MD 21045
Invoice Number: 9441
Invoice Date: Oct 9, 2007
Page: 1
Duplicate
Customer ID Customer PO
ALTI
Sales Rep ID Shipping Method
UPS Ground
ntity Item Description
PLBGIN INSTALL WATER SERVICE
Check/Credit Memo No:
Subtotal
Sales Tax
Total Invoice Amount
Payment/Credit Applied
TOTAL
Ship to:
BROOKMEADOW LOT 4
Payment Terms
Net 15 Days
Ship Date Due Date
10/24/07
Unit Price Amount
589.00
589.00
589.00
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 112% 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
INVOIA-I'k,"
Ship to:
BROOKMEADOW LOT 4
Customer ID Customer PO Payment Terms
ALTI
Sales Rep ID
Shipping Method' Net 15
Ship D
t Days
a
e Due Date `
UPS Ground
11/3/07
Quantity Item Description Unit Price' Amount
PLBG IN PLUMBING GROUNDWORKS
i 1,784.00
Subtotal
1,784.00
Sales Tax
Total Invoice Amount
1,784.00
Check/Credit Memo No: Payment/Credit Applied
-
- -
TOTAL --- , ,a. ,,,
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
INVQ9t. _;-
Invoice Number: 9769
Invoice Date: Jan 9, 2008
Page: 1
Duplicate
Ship to: -
BROOM MEADOWS LOT 4
Customer ID- Customer PO Payment Terms
LfA
I
ep
hipping Method
Net 15
Ship Date
ays
D
ue Date
UPS Ground
1/24/08
Quantity, Item
PLBGIN _ Description
ROUGH-IN PLUMBING Unit Price Amount
5,353.00
5, 353.00
*
mount 5,353.00
Check/Credit Memo No: Payment/Credit
Applied
-- ----
- -- - 5;3?3a}0
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
$ ..?
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$k3 T-1
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P1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V.
No. 08-3160-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss.
Before me the undersigned officer, personally appeared KATHLEEN H. MOYER,
Paralegal for Rees Griffiths, Esquire, CGA Law Firm, counsel for the Claimant, Mackley, Inc.,
who being duly sworn according to law, deposes in says that she served a copy of the Notice of
Filing Mechanics' Lien Claim and Mechanics' Lien Claim Petition for Citation Requiring
Production of Will filed on May 19, 2008 upon the Respondent, Altieri Enterprises, Inc. via
certified mail, return receipt requested. A copy of the sender's receipt is attached hereto as
Exhibit "A." The certified mail receipt card was signed for on or about June 2, 2008. The
certified mail receipt card is attached hereto as Exhibit "B."
CGA LAW FIRM
Kath1 en H. Moyer, P ralega r
Sworn and subscribed to Rees Griffiths, Esquire
before me this day
of 2008
Public
COMAA MAI.T'H OF PENN3YLV14NIA
My commission expires: Notarial Seal
Apetha C. Puieo, Notary Public
City of York, York County
{00233617/1) MY Comndealon Expires June 19, 2010
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jDomeslic Marl Only, No Insurance Cuve'ragi, != i w ? w,
' For delivery information visit our website at www.usps.com
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Ill MAILED FROM ZIPCODE 17401
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Norn 4 R Restricted Delivery Is desired.
¦ IMnt your name and address on the reverse
so that we can return the card to you.
¦ Al Bch this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
R$e-?qDl7 f Cd Rd. S?,?I
Columbia- Mid 7-I645
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0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. ArtideNumber 7007 3020 0003 2394 2824
(Ara WW fiom service label)
P3 Form 3811, February 2004 Domestic Return Receipt 1025WW-W1 c
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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
Kat leen H. Moyer, Paral al for
Rees Gri ffiths, Esquire
{00233617/1}
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V. No.08-3160-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.08-3160-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
00-7C86?1;
2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.,
Claimant
V. No. 08-3160-MLD
ALTIERI ENTERPRISES, INC.,
Respondent
COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM
AND NOW, this q?- 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 4, 203
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.
;00227586/1) 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 $8,063.50, of which $2,730.04 constitutes
materials and $5,333.46 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 $8,063.50.
100227586/1 }
4
WHEREFORE, Claimant respectfully requests that this Honorable Court enter
judgment in its favor and against Altieri in the amount of $8,063.50, and for such other
and further relief as this Court deems just and proper.
Respectfully submitted,
CGA LAW FIRM
llz?:" J?
Rees Griffiths, squire
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
(0022758611{ 5
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: (? (Y
Mackley, Inc.
By:
Lynn Mackley
(00227586/1)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA o
Imo. ?„ z s
MACKLEY, INC.,
Claimant
v. No. 0%- -Ntob vu> C- N) jrn
z
-A
i
ALTIERI ENTERPRISES, INC.,
Respondent
MECHANICS' LIEN CLAIM
AND NOW, TO WIT, this i7fday 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 4, 203 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
100226342/1)
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
December 7, 2007, 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
$8,063.50, of which $2,730.04 constitutes materials and $5,333.46 constitutes labor charges.
The invoices for the above labor and materials are attached hereto and incorporated as Exhibit
«B
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
100226)42/1)
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.
Mackley, Inc.
By: 4%L?ackley
Dated:
(0022634211)
-3 al
Tax ID No. 38-08-0567-081
j4EDS
L,Li?-?.N3 COUNTY-FA
02NOU20 BPI 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.
BOOK 249 PAG[1377
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.
boox 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 alkla Shahnawaz M. Mathias 1/a Eastern Development and Design and Debra
A. Mathias, his wife
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BOOK 249 Pac[1379
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 suecially 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
V,'(DC)l? AIM:6? (SEAL)
SHAH MA IAS a k a SHAHNAWAZ M.
MATHIAS, t/a EASTERN
DEVELOPMENT AND DESIGN
EAL )
DEBRA A. MATHIAS
COMMONWEALTH OF PENNSYLVANIA
: se
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 an ficial
My Commission Expires
,r
O. ? N1
,.: v?? .• .?N
(SEAL)
o ry Pub is
12 , .7r-v L
Notarial Seal
Frank J. Buck. Notary Public
SPrYip Garden Twp.. York County
MY Commission EnAres Dec. 23.2002
Member, Pennsylvania Association of Notaries
BOOR 249 ewi38U
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.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
/I-46ZK& Z
2 i s,
-
Notary u i .;?WR'%'?r?''?.>;'= `3t-r
01
My Commission Expires: 01 df? ;
NQTARUL SEAL
MONA L MGM, No1.ry P"k
1tei lbw {musk York C.uwhr
My Comw6slew 6dIMN Fab. 17, 2004 t lba;r.
I hereby certify that the precise and complete post
office address of the within named Grantee is:
bra, M a a/C-?
A ent for the Grantee
4..ccnrdcr of Deeds
Boa 249 PAGE1381
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: 9423
Invoice Date: Oct 5, 2007
Page: 1
Duplicate
` Ship to:
BROOK MEADOW -LOT 4
Customer ID Customer PO Payment Terms
ALTI Net 15 Days
Sales Rep ID Shipping Method Ship Date - Due Date
j UPS Ground 10120/07
Quantity Item Description Unit Price Amount
PLBGIN EXTRA LABOR & BACKHOE TO INSTALL 337.50
DRAINS & WATER SERVICE UNDER
FOOTER
zx?-z
/ V
?C
1
Subtotal 337.50
Sales Tax
Total Invoice Amount 337.50
;heck/Credit Memo No: Payment/Credit Applied
X337; 5Q
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
1 b i
wrl, i?
IVIACKLEY, 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: 9441
Invoice Date: Oct 9, 2007
Page: 1
Duplicat e
Ship to:
BROOKMEADOW LOT 4
Customer ID Customer PO Payment Terms
ALTI Net 15 Days
Sates Rep ID- Shipping Method Ship Date Due, Date
UPS Ground 10124/07
Quantity Item ; Descriptbn Unit Price Amount
I
I
I
I PLBGIN INSTALL WATER SERVICE
I 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 HAVE A 1 112% PER MONTH FINANCE CHARGE
MACKLEY, INC.
6 WEST MARKET STREET
HELLAM, PA 17406
Voice: 717-751-2151
Fax: 717-757-7231
B}II To:
ALTIERI HOMES
9017 RED BRANCH RD
SUITE 201
COLUMBIA, MD 21045
INVOICE
Invoice Number: 9492
Invoice Date: Oct 19, 2007
Page: 1
Duplicate
Ship to:
13ROOKMEADOW LOT 4
Customer ID Customer PO Payment Term' s
ALTI Net 15 Days
Sales Rep ID Shipping; Method Ship Date Due?Date
UPS Ground 1113/07
Quantity Item; Descrlptlon UnltPrk a Amount
i
i
i
PLBGIN
I
PLUMBING GROUNDWORKS
1,784.00
Subtotal 1,784.00
Sales Tax
Total Invoice Amount 1,784.00
Check/Credit Memo No: Payment/Credit Applied _u
TOTAL "-•, _ _ : 1,7&x:00
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE
MACKLEY
INC
,
.
6 WEST MARKET STREET INVOICE
H'ELLAM, PA 17406
Invoice Number: 9769
Invoice Date: Jan 9, 2008
Page: 1
Voice: 717-751-2151
Fax: 717-757-7231 Duplicate
ALTIERI HOMES
9017 RED BRANCH RD
j SUITE 201
COLUMBIA, MD 21045
Ship to:
BROOM MEADOWS LOT 4
Customer ID' Customer PO -
Payment Tenns
ALTI
Net 15 Days
Sales Rep ID Shipping iVlethod Shi Date
P , Due; Da to
UPS Ground
1/24/08
Quantity Item Description Unit Pelee
I PLBGIN ROUGH-IN PLUMBING Amount
5, 353.00
Subtotal
Sales Tax 5,353.00
Total Invoice Amount
Check/Credit Memo No: Payment/Credit Applied 5,353.00
A'3 10(
ALL INVOICES OVER 30 DAYS WILL HAVE A 1 11201, PER MONTH FINANCE CHARGE
CERTIFICATE OF SERVICE
I hereby certify that on this 8"' 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
41,fiNAkYOJWA --,
Kath een H. Moyer, Parale for
Rees Griffiths, Esquire
Tina H. Fox, Esquire
{0023841911}
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.
Plaintiff
V. No. 08-3160-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
CGA L
Rees Gri fiths, Esquire (#21896)
135 North George Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
100243126/1)
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CERTIFICATE OF SERVICE
I hereby certify that on this 1St 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 VAW
Rees moths, 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.08-3160-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 ....................................... $8,063.50
Interest .....................................$
Docket costs .............................. $
Attorney's Commission .................. $
TOTAL ................................. $8,063.50
(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 attache
Date: August 14, 2008
n s, Esquire (#21896)
CGA Law Firm
135 North George Street
York, PA 17401
(717) 848-4900
Attorneys for Plaintiff
NOW, ,4 , 2008, JUDGMENT IS ENTERED AS ABOVE.
Pro onotar , Ci Division
By:
Deputy
{00245194/1}
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MACKLEY, INC.
Plaintiff
V. No. 08-3160-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
TRUE COPY FROM RECORD
In Testimony whereof, I h,c-re u !to set my hand
and t se I of said CourAaa r lisle, Pa.
Thii........ day of. ..
/' i
Carlisle, PA 17031
717-249-3166
CGA L
Rees Griffiths, Esquire (#21896)
135 North George Street
York, PA 17401
717-848-4900
.? Attorneys for Plaintiff
?00243126l1)
10
CERTIFICATE OF SERVICE
I hereby certify that on this 1St 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 1 AW
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.,
V.
Plaintiff
No. 08-3160-MELD
ALTIERI ENTERPRISES, INC.,
Defendant
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 $8,063.50 on August )qA, 2008.
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
LIZ
Pr ary C' ' 1 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}