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Home My WebLink About08-3292IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA YORK P-B TRUSS, INC. 3487 Susquehanna Trail York, PA 17406 Claimant V. SCOTTO DAPOLONIA 16 Crooked Drive Enola, PA 17025-1526 Respondent NO. 08 - -SagA MLD MECHANICS' LIEN CLAIM AND NOW, TO WIT, this 23rd day of May, 2008, comes the Claimant, York P-B Truss, Inc. by and through its counsel, CGA Law Firm, pursuant to the Mechanics' Lien Law of 1963, Pub. L. No. 1775, No. 497, §503 (Pa. Stat. Ann. §1503), and files this claim, stating as follows: 1. Claimant, York, P-B Truss, Inc. (hereinafter "Claimant") is a Pennsylvania corporation, with its principal place of business located at 3487 Susquehanna Trail, York, PA 17406. 2. The improvements and property claimed to be subject to the lien are a residential dwelling located at 16 Crooked Drive, Enola, Cumberland County, Pennsylvania 17025-1526 (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, Scotto Dapolonia, is an adult individual residing at 5453 Devonshire Road, Harrisburg, Pennsylvania 17112. (0022896611) 4. The contractor overseeing the building of the Property, Anything Goes Construction & Remodeling, Inc. is a Pennsylvania corporation with a principle place of business located at 823 Roberts Valley Road, P.O. Box 61653, Harrisburg, Pennsylvania 17106. Claimant notified Respondent Scotto Dapolonia with its Notice of Intent to file Mechanics' Lien via certified mail, April 9, 2008. The Notice of Intent to file Mechanics' Lien is attached hereto and incorporated as Exhibit "B". 6. Claimant files this claim as a Subcontractor under its contract with the Contractor, Anything Goes Construction & Remodeling, Inc., wherein Claimant agreed to and did furnish trusses and other materials for the construction project on the Property. 7. Claimant completed the last of its work for which this claim is made, on December 19, 2007, which is less than six (6) months before filing of this claim. 8. The claim is made for materials and supplies on unpaid invoices totaling $2,779.32. The invoices for the above labor and materials are attached hereto and incorporated as Exhibit "C". Respectfully Submitted, CGA LAW FIRM enjami L. ratt, Esquire Supreme Court I.D. #68388 135 North George Street York, PA 17401 717-848-4900 717-843-9039-fax Attorney for Claimant (00228966/1) '717 14 T)':1 r?3 o' v THIS DEED MADE the' day of August, in the year of our Lord two thouaand and seven (2007) BETWEEN WESTWOOD HILLS ASSOCIATES, LLC, a Pennsylvania limited liability company, GKA,N"fOR, AN D Giovanni Scctbo Dapallana GRANTEE, W ITNESSBTH, tbet said patties of the first part, for and in consideration of the sum of THREE HUNDRED DOLLARS AND SIXTY FIVY THOUSAND tY0/106--- (56dJ00.00}-- DOLLARS, in hand paid, the receipt whereof is herby acknowledged, the said Ontastor does hereby grant and convey to the said Gramtee, its Successors and Assi ps, the following described property to-Wet: ALL THAT CERTAIN lot or tract of lend situated in East Pennsbow Township, Cumberland County, Commonwealth of Pennsylvania, in which it is more fully bounded and desc?ribe:d as fo11Dw3, to wit: BEGINNING at it point on the cmtem dedicated tight-of-Wjy line of Crooked Drive al the dividing line of Lot *113 end Lot # 14, said point also being located 184.48 fret north of the northern extremity of on an oonnocting the amtern dedicated right-of-way line of Crooked Drive and the northern dedicated right-0f way line of Vuonics Lane; THENCE by the eastern right-of-wsy line of Crooked Drive North S4 degrees 20 minutes 00 scooods West 224.93 fiat to a point; Tbcocc by lute of Other Lands of Westwood Hills North 35 degrees 40 minutes 00 seoonds Pan 253.21 fiat to a point, Thenct: by Line of lands now or formerly of Robert M. Gates North 70 depres 32 minutes 40 seconds East 14.37 feet to a point at the dividiaS line of Lot tt16 and Lot x 14; Thence by lino of Lot 916 South 19 degrees 27 minutes 20 seconds East 169.35 fbet to a point; Thence by line of Lot #15 South 05 degrees 43 minutes 46 East 112.72 feet to a point-, Treece by line of Lot 013 South 35 degoes 40 minutss 00 seconds West 79.68 foci to a point on the etutern right-of-Way line of Crooked Drive, the plain of beginning. CONTAININC 41,931 square feet. BEING Lot #14 on the subdivision piao for Westwood Hills, Phase ILA. Recorded in Plan Book, Volume . Page _3 . BEING SUBJECT TO a 30 fbot wide Swdtaq Sewer Eusiment and various Drainage Easements ad Wetlands w shown on the above rnentionod subdivision Plan. ALSO DZING SUBJECT TO restrictions, conditions and Eascmrnts as set forth on the above mentioned subdivision plan. BEING PART OF THE SAME prtmiscs which DcLuxo Development Corp., a domestic cotporatim by its Dead domed Jane 17, 1998 uhd recorded July 6, 1998, In dLo Ot33eu of the Ruorder of Deeds, to and for Cumberland Cowry, Pennsylvania, in Deed Book 190, page 936, 8arttetd and conveyed HP??r. ?. 'i: F•?'y;R? ?E n l ?17 l?13 !?!4 unto Wosrwood Hills Associates, LLC, a Pennsylvania limitcd liability company, parry of the fint punt and Gn tmor herein. UNDER AND SUBJECT, NEVERLESS, to conditions. rowictloas, c=rncnts and rights-of- -ay of record. AND the said Grantor Will Specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, the said Gnunor has hereunto ant his hand and anal the day and year written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF WESTWOOD HILLS ASSOCIATES, LLC in, Member COMMONWEA HOFPENNSYLVANIA ) 4 ) J.i COUNTY OF GJ ) On this, the day of Autus% A.D. 2007, beforeme, a Notary Public, the tmdersltned officer, personally appeared Donald H. Erwin who acknowledged himself to be the Member of Westwood Hills Associates, LLC, a Pennsylvania limited liability company, the foregoing limited liability company, arvi that he as such Member, beinS authorized to do so, executed tho Ibrrgoing document in the name and on behalf of Westwood Hills Associates, LLC, a Penasylvunia limited liability company, for the purposes therein contained. IN WITNIM WI(EREOF, 1 hereunto set my hand and official seal. My t:ornmissloa Explco5: NOTARIAL SEAL ROM L MURRAY. N"y "to CWilhie Sw% CL=bc iaod County, PA PY COmmlsmioe INpires Dec. 13, 20M ? (SEAL) NOT Y PUBLIC / 4 ?5 AFB`., I do hereby certify thaw the precise residence and complete is 5453 1'717a.2ed grantee Dafor:shirs office AondTeHarrisburgWwithin 2007 Attorney for COMMONMEALTH OF PENNSYLVANIA:_ss county of RECOnED on this day of A.D. 2007 in the Recorder's office of the said County, in Deed Book vol. Page l of the said Given under my hand and the sea office, the date above written. Recorder. Apri19, 2008 Scotto Dapolonia 5453 Devonshire Road Harrisburg, PA 17112 Re: Anything Goes Construction & Remodeling Balance Due to York P-B Truss, Inc. To Whom It May Concern: 4 ri i L This letter is to advise you that York P-B Truss, Inc. is the truss supplier to your contractor Anything Goes Construction and Remodeling. There is presently due to York P-B Truss, inc., the amount of 52,779.32 excluding interest, for famishing trusses and other materials for construction project on your property at, 16 Crooked Drive, Enola, PA 17025-1526 York P-B Truss. Lic. supplied materials to the project on December 19, NOT This letter will be considered notice to you that York P-B Truss, Inc., intends to file a mechanics' lien claim for the material supplied to this project if the arnount is not paid. Very truly yours, Katy Bobb ,4/R -8- FtOOF TRUSSES FLOOR TF% IJSSES ENCa1NEEF2EC> LUMBER 4 f r r'?, i ?,'n 5 r r p' r • late comp s Complete items 1, 2, and 3. d i i a SOX * v .- /t O Agent X O Addrepsoe / re . is des item 4 if flestricted Delivery is the reverse ¦ print your name and address on n the C. Dete of (301-10 B -eived by (Prrrrtr, so that we can rstum the card to you. ¦ Attach this card to the back of the mallpiece, • D'^ E \\ Y pr on the front If space permit;. D k del address d& r ' J0 detiverY .add?es? below: t 1. Article Addressed to: If v er :en MT M. i 2008 APk . Scott Dapolonia ^.? S453 Davonshir° Drive ?s. 171 12 Harrisburg , Ei; r; 3. sfr Ice t O txpre3s IAall Certified tAsi U Regiarored ? RNurn Receipt for tderchandiso 0 Insurod 1ASil O C.O.D. Extra Fee) 0 Ye; 4, Restricted DelNsY? 2, Article Nu . 7005 2570 0002 3098 8941 (rr3n5/er 1' p,,O.Slc t025aE-o2-t.A t 6?e ; Return Recelpt PS Form 3811, February 2004 j (GAGE 1 00, I (YO-n3 ` Phone 717.779-0327 ROOF TRUSSES Toll Free 1-877-779-0327 O FLOOR TRUSSES Fax 717.779-0467 ENGINEERED LUMBER )Nipa TRl1SS, ¦NC. 3487 Susquehanna Trail, York, PA 17406 DATE 11/15/07 ORDER M: 136707 CUSTOMER: ANYTHING GOES CONSTRUCTION & P.O. BOX 61653 HARRISBURG, PA 17106 PHONE: (717) 350.2003 FAX: (717) 541.5487 CELL: '?? ..-??•.'_ rr.j.-,?i/rv? -O-•?.4-,l.[ JOB: LOT 16 CROOKED DRIVE ENOLA, PA YOUR P.O. R: INVOICE DATE: TERMS: - ?} J TECH: GH SALES- BO ATTN: DWAYNE GILBERT CITY TYPE SPAN PITCH TCOH CANT. DETAILS EA. TOTAL _ 1 Pig G4 ii9.05 00 6.00 I 00.10-08 3 J2 02-06.00 6.00 QO•t0.08 2 i T1 24.00-00 6.Nj 00.10-08 _ 2 T1A 24-00-00 6.00 0010-08 I ! t ! T 1 B 23-06-06 6.00 00.10-08 no•1o-ob 1 1 TIG 23-WO 6.00 00.10.06 GABLE • 7718' OSB SHTG t? T2 06-06-00 8.00, 00-10.08 i T2A I 06-06.00 I 6 00 oo-to-oe I I J I oC-10-08 t T2B 08-06-00 f.00 ! 00-10.a 800 14 T3 31-00.00 5 T.',A 31-00-00 6.00 04.10.od ! 1 00.1 0.09 ' 1 00-10-08 I ( 2 ( T3G I 21.00-00 i 600 GABLE- MirOSSS147G. 00.10.09 I o0.10-08 7116" OSB SHTG GABLE 1 T4G ? 09.05.00 3.00 - 00.10.08 I i 100' Hergers I 1 H 2 I I 1 5A 1 Hangers ? f I HUS28 Truss Spacing 24" OC j 136767 Top Chord Llve Load 30.00 PSF I LOT 16 CROOKED DRIVE Top Chord Dead Load 7.00 PSF Bottom Chord Live Load 0.00 PSF SUB-TOTAL , $2,524 00 Bottom CHord Dead Load 10.00 PSF I SALES TAX 6.000'/, S151.44 TOTAL LOAD 47.00 PSF r TAL 44 2 675 GRAND TO , $ . RECEI ?' PAGE Phone 717-779-0327 Y ROOF TRUSSES Toil Free 1-677-779.0327 ?i FLOOR TRUSSES Fax 717-779-0467 O ENGINEERED LUMBER 3487 Susquehanna Trail, York, PA 17406 TRUSS, ANC. DATE 12/18107 ORDER 4: 136707A cuSTOMER: ANYTHING GOES CONSTRUCTION & P.O. BOX 61653 HARRISBURG, PA 17106 PHONE: (717) 385-1004 FAX:(717) 541-5487 CELL: anythinggoes@Jive.com t]Ty TYPE SPAN i 1 ; H3ncere JOB: LOT 16 CROOKED DRIVE EXTRA TO CONTRACT - TRUSS SPACERS YOUR P.O. q: INVOICE DATE: Z TERIAS: NET 30 DAYS TECH: GH SALES: BO ATTN: DWAYNE GILBERT PITCH TCOH CANT. DETAILS E TSF2.24 (200 FT PER 60:) I TRUSS SPACERS Truss Spacing Top Chord Live Load Top Chord Dead Load Bottom Chord Live Load 9ottom Chord Dead Load OTAL LOAD _ 24. OC 136707A 30.00 PSF I LOT 16 CROOKED DRIVE 7.00 PSF O.DO PSF 10.00 PSF 47.00 PSF EA, I TOTAL RECEIVABLE PAGE i Phone 717-779-0327 ROOF TRUSSES Toll Free 1-877-779-0327 ?i FLOOR TRUSSES Fax 717-779-0467 ENGINEERED LUMBER TRUSS, ¦?VC. 3487 Susquehanna Trail, York, PA 17406 DATE 11115!07 ORDER ?: 136707 JOe: LOT 16 CROOKED DRIVE CUSTOMER: ANYTHING GOES CONSTRUCTION & P.O. BOX 61653 HARRISBURG, PA 17106 PHOME: 717 350.2003 CELL: FAX: 717541-5487 OT'r TYPE SPAN PITCH TCOH CANT. 11 i 2 Fly Ga 09.05-00 6.00 ` 00.1;-08 ? J2 02A6-00 6.00; Halo-oe 2 T1 I 24-00.00 6.00 00-10-08 2 T1A 2x.00-00 6.00 00.10-08 I T1B 23.O&CE 6.00 o0-10-08 T- 1 l 00-10-08 1 T1G 24-00-00 6.00 00-10-o8 nb-10.08 13 , T2 0606.00 600 _ 00-10-08 1 T2A 06.06-00 6.00 00.10-06 1 TZB 00-08-00 6.00. 00-10.08 11 31-00.00 6.00 00-10.08 5 T3A 31.00-DO 6.00 00.10.08 ! 00.1 U-08 2 T3G 3140-00 6.00 00-10-08 I _ 00.10.08 T4G I 09-05-00 I 6.00 M-10.08 I 1i1i1? Henaers I I ENOLA, PA YOUR P.O. M: APPROX. DELIVERY DATE: 11/28/07 G /J TERMS: TECH: GH SALES: BO ATTN: DWAYNE GILBERT DETAILS GABLE - 7116°OSB SHTG. GABLE - 7110" OSB SHTG. GABLE - 7116" OSB SHTG j H2.5A EA. I TOTAL The atvove listed items have been received in good condition (any exceptions must be noted). Report any damage, alterations or installation errors to York. P-B Truss immediately. Do not attemp to repair a truss DELIVERY without a Repair Truss Design Drawing. York P-B Truss, Inc- must be notified of any inconsistencies within RECEIPT 72 hours of delivery. York P-8 Truss reserves the right to provide repair Instructions or replace any product shipped to lobsite at their sole discretion and as buyers sole remedy. Positively no backcharge will be accepted regardless of fault unless previously agreed in writing and accepted by York P-B Truss. Inc. (No Exceptions) to the accidents Involving wood trusses during installation from improper handling, erection, anchoring and/or bracing of the trusses, od and follow, recommendatlons from the job site package. I have read above stated terms and have received and agree to follow the enclosed job site erection package during Installation. V RECEIVED BY:`? - __?'? DATE s "f_t °./fir . ?•. ('... 4 [ I r X41 ? . FBI' •`? ON Phone 717-779-0327 ROOF'TRUSSES Toll Free 1-877-779-0327 FLOOR TRUSSES Fax 717-779-0467 ENGINEERED LUMBER 3487 Susquehanna Trail, York, PA 17406 -T)4? Trues Spacing 24" OC Top Chord Live Load 30.00 PSF Top Chord Dead Load 7.00 PSF Bottom Chord Live Load 0.00 PSF -ttom CHord Dead Load 10.00 PSF OTAL LOAD 47.00 PSF 136707A LOT 16 CROOKED DRIVE RtECEIIIED BY: " n r ` l a. ,. , - l ;%i J PAGE t The above Mted items have been received in good condition (any exceptions must r,e noted). Report any damage, allerations or installatior. errors to York. P-B Truss Irnmedlately. Do not attemp w repair 3 truss DELIVERY without a Rypair Truss Design Drawing. York P-B Truss, Inc. must be notified of any incornslstsncle?^vvi'hin RECEIPT 72 hour; of de ivery. York P-8 Truss reserves the right to provide repair instructions or replace any procuct shipped to jobsite at their sole disc ration and as buyers so :e remedy. Fosillvely no backcharge will be accepted regardless of fault unless previously agreed In writing and w.cepted by York P-B Truss. Inc. (No Exceptions) to the accidents involving wood trusses during Installation from improper handling, erection, anchorng 3ndror bracing of the trusses, i and follow recommendations from the job site package. I have read above slsted terms and have received and agree to follow the enclosed job site erection package during Installation. DATE s CAS-- ') l - `'? =r SU Ri O n z ?T! N D cw SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03292 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND YORK P-B TRUSS INC VS DAPOLONIA SCOTTO R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named OWNER DAPOLONIA SCOTTO but was unable to locate Him in his bailiwick. He therefore returns the T NT?/IT TTAT rr?r? T TTITT /IT T TTd the within named OWNER . DAPOLONIA SCOTTO 16 CROOKED DRIVE , NOT FOUND , as to ENOLA, PA 17025 16 CROOKED DRIVE IS STILL UNDER CONSTRUCTION NO ONE LIVES THERE. Sheriff's Costs: So Docketing 18.00 Service 15.00 Not Found 5.00 _ Surcharge 10.00 Postage .59 48.59 Sworn and Subscribed to before me this day of . 'Thomas Kiine her ff of Cumberland County LAW FIRM 6/02/2008 A. D. y % SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK P-B TRUSS INC VS DAPOLONIA SCOTTO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER to wit: DAPOLONIA SCOTTO but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On June 23rd , 2008 , attached return from DAUPHIN Sheriff's Costs: s office was in receipt of the So answers: Docketing 18.00 Out of County 9.00 _ Surcharge 10.00 ?R Dep Dauphin County 49.25 S Postage 1.52 8 7 . 7 7 ? 4').6'bi' 06/23/2008 CGA LAW FIRM Sworn and subscribe to before me this day of , s Kline i f of Cumberland County A. D. r Z In The Court of Common Fleas of Cumberland County, Pennsylvania York P-B Truss Inc vs. Scotto Dapolonia No. 08-3292 civil Now, June 12, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS County, PA SERVICE $ MILEAGE AFFIDAVIT . N Mt1itt of the,*1teriff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy YORK P-B TRUSS, INC. VS SCOTTO DAPOLONIA Sheriffs Return No. 2008-T-1288 OTHER COUNTY NO. 08-3292 And now: JUNE 16, 2008 at 9:07:00 AM served the within MECHANICS LIEN CLAIM upon SCOTTO DAPOLONIA by personally handing to SCOTTO DAPOLONIA 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 5453 DEVONSHIRE ROAD HARRISBURG PA 17112 Sworn and subscribed to before me this 19TH day of June, 2008 A7?,/&/- NOTARIAL SEAL. ARY JANE SNYDER, Notary Public Highspire, Dauphin Coixnty fmy Commission Ex ices Set 1, 2010 So Annsswers,! Sheriff of Daupl}xf? , Ih?'l ? Rv ? G? I-- Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 6/13/2008 r" s IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA YORK P-B TRUSS, INC. Claimant NO. 2008-03292 V. SCOTTO DAPOLONIA Respondent PRAECIPE TO SATISFY TO THE PROTHONOTARY: ( ) Please mark the above-captioned action settled and satisfied. (X) Please mark the above-captioned judgment or lien settled and satisfied. CGA Law Firm Benjamin L. Pratt, Esquire Supreme Court I.D. # 68388 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039- fax Attorneys for Claimant 100294219/1) CERTIFICATE OF SERVICE I hereby certify that on this 8th day of May, 2009, a true and correct copy of the foregoing Praecipe to Satisfy has been served via first class mail, postage prepaid upon the following: Scotto Dapolonia 5453 Devonshire Road Harrisburg, PA 17112 Richard P. Mislitsky, Esquire One West High Street P.O. Box 1290 Carlisle, PA 17013 Benjamin L. Pratt, (00294219/1 "TN OF THE 077 "' le""C' 2609 MAY 1 I Purl 12: ? ciV 18.00 ?cLP4 ? eK?+ 36078