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HomeMy WebLinkAbout08-3163IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No. U& - 31J,3 4LD ALTIERI ENTERPRISES, INC., Respondent MECHANICS' LIEN CLAIM AND NOW, TO WIT, this ,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 7, 206 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 {00226346/1} 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 22, 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 $12,987.50, of which $4,314.48 constitutes materials and $8,673.02 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 Tn rths, 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 {00226346/1} 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: {00226346/1} Mackley, Inc. a[ U Tax ID No. 38-08-0567-081 O COUNTY-PA ,01 NOU 20 R11 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 t 9 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. 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. aoox 249 PAGED 78 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 o €3 / p? ? 7 a vs ? • • O ?O b r- ? -1 ? ?"• 90 I'f r 6 O ~ ?T• OO 6 1 t?0 O ' V O ` fl BOOK 249 PuU379 v? c? co o cn c? c, in in O C7 {>COOOOd :'? p 00 Cq 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) IS4MARZO a k a SHAHNAWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN EAL ) DEBRA A. MATHIAS 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 h d My Commission Ex - pires . . . !fvM'. :.' , Y ;, cwt' my an and ficial (SEAL) o ry Pub is Notarial Seal Frank J. Buck. Notary Public SP" Garden Tw.p York Canty My CarrWssbn E')ires Dec. 23, 2oo2 Member Pennsylvania Association of Notaries Box 249 PAcA380 COMMONW ALTH 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. (SEAL1. Notary u i .. My Commission Expires : A S. MONA HA"W Nobry VYWic ? • w-,. ; . ate„ 24W Demusk York carMy -[ -A -sue:% My cxwwinion Expiws Feb. 19, 1004 `l I hereby certify that the precise and complete post office address of the within named Grantee is: rn/Dye A ent for the Grantee \ 1' A Rcrordor of Deeds soox 249 PAGE1381L 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, Ship to: BROOKMEADOW LOT 7 Customer ID Custo ner.PO Payment Terms ALTI Net 15 Days Sales Rep ID Shipping Method UPS G ShFpDMa e D ue D round 10/2 Quantity Item - Description Unit Price Amount PLBGIN i - INSTALL WATER SERVICE 589.00 I I ? ' V r C? l? 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 Bilt To: ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Customer ID ALTI Sales Rep ID PLBG IN Check/Credit Memo No: INVOICE Ship to: ?BROOKMEADOW LOT 7 Customer PO Payment Terms Net 15 Days Shipping Method Ship pate Due Date UPS Ground 10/20/07 Description' Unit Price Amount EXTRA LABOR & BACKHOE TO INSTALL 337. DRAINS & WATER SERVICE UNDER FOOTERS Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOTAL - 337.50 337.50 337:50 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 112% PER MONTH FINANCE CHARGE 'MACKLEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 1 Bill To: ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 i Ship to: - --? f BROOKMEADOW LOT 7 Customer ID Customer PO Payment Terms ALTI - -------- - - - Net 15 Days -- - ------ -- - - SalesRe ID --- P_ Shipping Method Ship Date Due Date' - UPS Ground _ 11/3/07 --- - - - - C Item' PLBGIN Description PLUMBING GROUNDWORKS Unit Price -- Amo;, uryt 1,793.00 Subtotal Sales Tax * Total Invoice Amount 1,793.00 heck/Credit Memo No: Payment/Credit Applied ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE •MACKLEY, INC. 6 WEST MARKET STREET AL N'ft "0 1 A14L EM INV % ;= • HELLAM, PA 17406 I Invoice Number: 9655 Invoice Date: Dec 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 Snip to: ; BROOK MEADOW LOT 7 Customer ID ALTI fales'Rep ID Customer PO Shipping Method Payment Terms Net 15 Days Ship Date Due Date UPS Ground _ 12/20/07 Quantity 'Item Description' Unit Price Amount PLBGIN -- P LUMBING ROUGH-IN - - 5, 380.00 Subtotal 5,380.00 Sales Tax Total Invoice Amount 5,380.00 Check/Credit Memo No: Payment/Credit Applied T -- __ TOTAL -- $380:00 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2016 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 Customer ID ALTI Sales Rep ID Ship to. BROOK MEADOW LOT 7 Customer PO Payment Terms Net 15 Days Shipping Method Sh1p Date Due Date UPS Ground - 1/24/08 helm Description PLBGIN -- ---- --sc Unit Price Amount' PLUMBING FINAL 4,782.00 PLBGIN X-TRA-PEDESTAL SINK TAKEN FROM 106.00 UNIT ' Check/Credit Memo No: Subtotal 4, 888.00 Sales Tax Total Invoice Amount 4,888.00 Payment/Credit Applied ----- TOTAL - 4,888.00 i ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE ?? !? (..9 , ? f "7 m ...1r? OCi ° -C .?; E /-. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No.08-3163-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 before me this q-1,71 day of , 2008 CIZ, No ublic CGA LAW FIRM "M I ) hUMN 114 4 4 11 ji??111 4q / I Kat Teen H. Moyer, Parale for Rees Griffiths, Esquire `(XW0W EALTH OF PENNM%%W MY commission expires: Public June 2010 L*RR {00233621/1} s3 U.S. postal Service Only; CERTIFIED MAIL RECEVT Mail Coverage Prow, eO ? ? ru r-l m Er 05 PQ%, 0 m ? PITNEY gpWES C3 i 02 Im $ 00.000 O 0004229668 MAY29 2008 C3 i MAILED FROM ZIpGODE 1 7401 ru a m SCS To er i -oc-Tp n ----------- - - ?d 1 e C3 Srreei, Apt: ivo.; J ?- ,? or PO B0x Nc. q0u ka 6Yar1 - ----------------- ------------- - CT,i jia; ff0; r AUrnb%'a_ n zlo - ¦ Complete items 1, 2, and 3. Also complete own 4 If Restricted Delivery is desired. ¦ P*tt your name and address on the reverse so titrlit we can return the card to you. ¦ POW this card to the back of the mallpiece, or on the front if space permits. 1. Altldra Addressed to: i? M?zlc? A si ^ L 0 AgWd . X rw ? Addrwrw B fs IYe???ey a.. t. of DeNrwy, D. Is dGINM address different from Item 1? ? Ks If YES, QYbelow: al 0 No r s en 3. "TYPO + Maii ,Aq.u~ NM Registered Return Receipt f ? Insured Mail ? C.O.D. 4. Restricted DeliveFY? (Extra Fee) 17 Ks 2. /brnlNNumber 7D27 3222 0023 2394 3y28 (perr?r from servroa let Domestic Return Receipt 10' M 1OM P9 Form 3811, February 2004 S- 0 . ,-. 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 een H. Moyer, ?ralega or Rees Griffiths, Esquire {00233621/1} C ?{ -7 _C:7 r r ?. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No.08-3163-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.08-3163-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 INFORMACI6N 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 {40227589!1} 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant V. No.08-3163-MLD ALTIERI ENTERPRISES, INC., Respondent COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM AND NOW, this 0 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 7, 206 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. ;00227569/1) 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, and finalized plumbing. 7. Altieri failed to make payment to Claimant for the work performed, and has an outstanding balance due and owing of $12,987.50, of which $4,314.48 constitutes materials and $8,673.02 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 $12,987.50. {00227589!1} 4 WHEREFORE, Claimant respectfully requests that this Honorable Court enter judgment in its favor and against Altieri in the amount of $12,987.50, 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 ,00227589/1 , 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. By: Dated: 100227599/11 Mark1P.v Tnr ^a -n ! xa 7 IN THE COURT OF COMMON PLEAS OF . 3 rl, r- J CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC., Claimant `J' V. No. r38 - 31 to3 UU> ALTIERI ENTERPRISES, INC., Respondent MECHANICS' LIEN CLAIM AND NOW, TO WIT, this O'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 7, 206 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 {00226346!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 22, 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 $12,987.50, of which $4,314.48 constitutes materials and $8,673.02 constitutes labor charges. The invoices for the above labor and materials are attached hereto and incorporated as Exhibit «B Respectfully submitted, CGA LAW FIRM "___1 " Rees Girths, 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 (00226346!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. r By: /",? Lyn Mackley Dated: (0022634611y Tax ID No. 38-08-0567-081 'R, fj '01 wou 20 fin 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: SHE EXHIBIT "A" ATTACKED 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. eox 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. Bou 249 eAGED78 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 1/a Eastern Development and Design and Debra A. Mathias, his wife F F; M o 0 O OD %a G V O -Y, ONO ~t? a J ..L ~ "?'_ a _ Box 249 PAc[1379 W ? W D O O G d 0 0 0 0 0 G O Cn 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 019?Cu? Aus"?, (SEAL) S MA IAS a /k /a SHAHNAWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN - EAL ) DEBRA A. MATHIA COMMONWEALTH OF PENNSYLVANIA : as 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 DZVZLOP14RW 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: O ?..•• n? (SEAL) o ry Pub is lZ Z,r-c> 2-- Notarial Seal Frank J. Suck. Notary Public SpMp Garden Twp.. York Canty ktY Corrmisslon E?ires Dec. 23, 2002 Member. PerlrlsyNanis Association of Notaries Box 249 PAGJ380 COMMONWEALTH OF PENNSYLVANIA as 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 Z*'MW 42 F.Ai. S Notary u i My Commission Expires: IIOMUL SEAL ` s.r Ll. Nomas , Y*A C.w*l Aly C...dasise axpimo Feb. ls, 2W4 ???.?.. I hereby certify that the precise and complete post office address of the within named Grantee is: SID { r-7 hem d 6Vwm&a_, MD,,-_)O? A Vent for the Grantee L' i?.ccord:-.r of Deeds 50OX 249 PAcEi381 MACKLEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 I Voice: 717-751-2151 Fax: 717-757-7231 ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 INVOICE Invoice Number: 9444 Invoice Date: Oct 9, 2007 Page: 1 Duplicate Customer ID ALTI _ Sales Rep ID P S6ipping;W UPS Ground - Quantity Item "Description ` Unit Price Amount i I i I PLBGIN 1 INSTALL WATER SERVICE 1 V' i Cj G 589.00 I i Subtotal 589.001 Sales Tax Total Invoice Amount 589.00 Check/Credit Memo No: Payment/Credit Applied TOTAL 589' 00 lisp' ?trt ALL INVOICES OVER 30 DAYS WILL HAVE A 1 112% PER MONTH FINANCE CHARGE ; Payment Terms Net 15 Days Ship Date Due Date 10/24/07 MACK LEY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 Bitl To:, ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 INVOICE Invoice Number: 9426 Invoice Date: Oct 5, 2007 Page: 1 Dup6cat e Ship to: BROOKMEADOW LOT 7 Customer ID Customer PO Payment Terms ALTt Net 15 Days SalesRep ID Shipping Method Ship Date Due Date j UPS Ground 10/20/07 Quantity ` Item Descitbn. Unit Price Amount PLBGIN EXTRA LABOR & BACKHOE TO INSTALL DRAINS & WATER SERVICE UNDER FOOTERS i 337.50 Subtotal 337.50 Sales Tax Total Invoice Amount 337.50 ;heck/Credit Memo No: Payment/Credit Applied TOTAL - 750 I i I i C ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE MACKLEY, INC. 6 WEST EST MARKET STREET INVOICE HELLAM, PA 17406 Invoice Number: 9495 Invoice Date: Oct 19, 2007 Page: 1 Voice: 717-751-2151 Duplicate - Fax: 717-757-7231 Bill Tq:; ?;. ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Check/Credit Memo No: ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% PER MONTH FINANCE CHARGE MACKi-EY, INC. 6 WEST MARKET STREET HELLAM, PA 17406 Voice: 717-751-2151 Fax: 717-757-7231 INVOICE Invoice Number: 9655 Invoice Date: Dec 5, 2007 Page: 1 Duplicate Bill,To: ALTIERI HOMES 9017 RED BRANCH RD SUITE 201 COLUMBIA, MD 21045 Ship to: BROOK MEADOW LOT 7 Customer 10 ;Customer PO Payment Terms ALTI Net 15 Days Sales Rep 1D Shipping Method Ship Date Due Date UPS Ground I 12/20/07 Quantit Y Item _ pbsixiptbn Unit Price Amount PLBGIN PLUMBING ROUGH-IN 5,380.00 Subtotal 5,380.00 Sales Tax Total Invoice Amount 5,380.00 'heck/Credit Memo No: Payment/Credit Applied TOTAL 6 , ;,,?:.x 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 Invoice Number: 9771 Invoice Date: Jan 9, 2008 Page: 1 Duplicate Ship to: BROOK MEADOW LOT 7 Customer ID Customer PO Payment Terms ' ALTI Net 15 Days Sales Rep ID Shipping Method Ship Date Due Date UPS Ground 1/24/08 --- Quantity Item ;Description Unit Price Amount PLBGIN PLUMBING FINAL 4,782.00 PLBGIN X-TRA-PEDESTAL SINK TAKEN FROM 106.00 i UNIT I Subtotal 4,888.00 Sales Tax Total Invoice Amount 4,888.00 :heck/Credit Memo No: Payment/Credit Applied , TOTAL}, 4 60 ALL INVOICES OVER 30 DAYS WILL HAVE A 1 1/2% 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 A?NPAIW (A?r ? Kat Teen H. Moyer, Paraleg for Rees Griffiths, Esquire Tina H. Fox, Esquire {00238419/1} C'± ?? r°' ?? ? ? -n ? `, ? Z? c--' ..- ,? :>? _ ? `^ ? `? ?, ? _, :` '? ? y ' <? c?7 ` ?? ? : ? ?°? c :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC. Plaintiff V. No. 08-3163-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 LA Rees riffiths, Esquire (#21896) 135 North George Street York, PA 17401 717-848-4900 Attorneys for Plaintiff {00243126/1} 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 C G A I.,kW Res s, squire (#21896) 135 North George Street York, PA 17401 717-848-4900 Attorneys for Plaintiff 100243126/1} 2a?Y lL,n;?? n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MACKLEY, INC., Plaintiff V. No.08-3163-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 ....................................... $12,987.50 Interest .....................................$ Docket costs .............................. $ Attorney's Commission .................. $ TOTAL ................................. $12,987.50 (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 an at least ten da s le-tke-date of the filing of this praecipe and a copy of the notice is attached. Date: August 14, 2008 n ths, Esquire (#21896) CGA Law Firm 135 North George Street York, PA 17401 (717) 848-4900 Attorneys for Plaintiff NOW, La I ,` , 2008, JUDGMENT IS ENTE D AS ABOVE. G At -.& 01 lop P onot jXeieK`Ci?1 Division By: Deputy {0024519411} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACKLEY, INC. Plaintiff V. No. 08-3163-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 TRUE Cf,!>Y in Testimony vd'ntii aI Od sea of said our; a .•• ay o lRecoto ,to set MY lrlisl?, l? , CGA LA ReesTiriffiths, Esquire (#21896) 135 North George Street York, PA 17401 717-848-4900 Attorneys for Plaintiff 100243126/11 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 LAW R'6 s ?, squire (#21896) 135 North George Street York, PA 17401 717-848-4900 Attorneys for Plaintiff {00243126/1) N a CZ2 -n xxo. HIM Z T8 m TI M co I i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MACKLEY, INC., Plaintiff V. No.08-3163-MLD 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 $12,987.50 on August Jam, 2008. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothon ivil D . 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 100245194/1]