HomeMy WebLinkAbout04-1428TIMOTHY LUSH t/dPo/a
LIBERTY MILLWORK
Claimant
VS.
E. JOHN HARTMANN, JR.
Owner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
MECI-IANICS LIEN CLAIM
Timothy Lush t/dPo/a Liberty Millwork files this Mechanics Lien Claim against E. John
Hartmann, Jr., Owner or Reputed Owner, and against the building hereinafter described and the
curtilage appurtenant thereto for the payment of a debt due Liberty Millwork as a sub-contractor
in the construction of an addition to the premises. The following is a statement of the claim of
Liberty Millwork:
1. The name of the claimant is Timothy Lush t/d/b/a Liberty Millwork, with its principal
office at 35 E. Liberty Avenue, Carlisle, PA 17013 who files this claim as a sub-contractor.
2. The name and ad&ess of the Owner or Reputed Owner at the time of furnishing the
labor, goods and materials and the attaching of the lien therefor is:
E. John Hartmann, Jr.
138 N. 23rd Street
Camp Hill, PA 17011
3. The Claimant contracted with Donald Reisinger t/dPo/a Reisinger Construction,
general contractor, pursuant to an oral contract, to supply oak trim for the addition built at 138 N.
23rd Street, Camp Hill, Pennsylvania.
4. The nature and character of the materials furnished pursuant to the contract was all
wood trim necessary for the addition as aforesaid. The price charged for the materials is
$6,133.00 which is the usual, just and reasonable charges for said oak trim. A list
of the materials and costs is attached herein, incorporated by reference an marked Exhibit "A".
5. The mount or sum claimed to be due for the labor and materials is $6,133.00, plus
interest on the unpaid balance from the date of completion.
6. Claimant delivered and installed the materials beginning on or about October 20, 2003
and completed work on December 5, 2003.
7. This lien is claimed against the fee simple interest of the Owner or reputed Owner in
the aforesaid premises.
WHEREFORE, Claimant claims to have a lien upon the premises herein described in the
amount of $6,133.00, plus interest from December 5, 2003, plus costs, against Owner or Reputed
Owner and the premises.
Dated: April 5, 2004
Susan J. I-fitfrjihll-a~l~, Esquire
Attorney ~crff C,16imant
1 Irvine Row
Carlisle, PA 17013
Attorney ID# 65184
717-249-7780
Commonwealth of Pennsylvania:
County of Cumberland :
SS.
Timothy Lush, being duly sworn according to law, deposes and says that he is the owner
of Liberty Millworks and is authorized to take this affidavit on its behalf. He further avers that
he is familiar with the facts set forth in the foregoing Mechanics' Lien Claim, and that all of the
statements contained in the above Claim are true and correct to the best of his knowledge,
information and belief.
Sworn to i~nd subscribed before me
this ~'~'day of April, 2004.
35 EL LIBERTY AVENUE, CARLISLE, PA ! 7'013., (717) 243-6764
MATERIALS INVOICE
HARTMANN RESIDENCE
138 N. 2$rd STREET
CAMP HILL, PA.
OAK TRIM PACKAGE
SUPPLIED PRIOR TO 1216103
50 pc pre-finished oak casing, 330 lin. ft. ~ $4.00/ft.
200 lin. ft. 7 1/2" hi pre-finished baseboard (~ $5,50/ft
200 lin. ft. pre-fini~bed oak base cap (-~ $1.50/ft.
28 p~e-finlshed plinth blocks ~ $10.00 ea.
20 lin. ft. pre-finished closet baseboard ~ $3.00/ft
40 lin. ft. pre-finished window skirt 3/4"x $1/2" _~ $4.00/ft.
40 lin. fL pre-fin, bullnosed windowsill I l/8"x 4 1/2" ~ $6.00/ft.
Molded 3 piece window and door benders 6 1/2" bi. including:
15 ea. 3'-6" ~ $75.00 pre-fin. 3 ea. 6' ~ $150.00 pre-fin.
2 ea. 9' 6" ~ $225.00 pre-fin.
2 pc stained oak door jamb 1 1/8'x 4 1/2"x 8' & 1pc 4' ~ $4.50/ft.
2 pc stained oak door jamb 1 1/8'x 8 1/4~'x 8' & I pc 4~' ~ $9.00/ft.
15 pc stained oak door jamb 3/4"x41/2"x7' lon~ ~ $3.60/ft.
$1,320.00
$1,100.00
$280.00
$160.01~
$240.00
$1,125.00
$450.00
$450.00
$90.00
$180.00
$378.03
TOTAL $6,133.00
Material supplied pre-finished includes sanding, stain, and 4 coats catylized lacquer.
Price does not include installation
Tim Lush
Liberty Millwork 2/18/04
COMMERCIAL & RESIDENTIAL CONSTRUCTION · CUSTOM CABINETRY · ARCHITECTURAL MILl. WORK
FORMAL NOTICE BY SUBCONTRACTOR OF
INTENTION TO FILE MECHANIC'S LIEN CLAIM
Liberty Millwork
V.
E. John Hartmarm, Jr.
Owner or reputed owner and
Reisinger Construction, Contractor
Notice of Intention to File Mechanic's Claim
ro~
E. John Hartmann, Jr.
138 N. 23ra Street
Camp Hill, PA 17011
This is to notify and warn you that Liberty Millwork intends to file a lien against the
following described property:
All that certain lot with the improvements erected thereon situate at
138 N. 23ra Street, Camp Hill, Cumberland County, Pennsylvania
The claim for which Liberty Millwork intends to file the said lien is for the sum of
$6,133.00, together with lawful interest thereon, remaining due for materials furnished and
supplied by Liberty Millwork in and about the erection and construction and upon the credit of
said addition to the aforesaid premises situate at 138 N. 23ra Street, Camp Hill, Pennsylvania.
Said materials were furnished by Liberty Millwork at the request and upon the order of
the contractor, Reisinger Construction up to and including December 5, 2003.
The contract was made on or about the 20th day of October, 2003 when an oral
agreement as made with the said contractor and owner that Liberty Millwork would craft and
install all oak trim for the addition to the said premises and that Liberty Millwork would be paid
the usual prices for said materials.
The last materials furnished by Liberty Millwork were delivered to the above described
premises on the 5th day of December, 2003. A statement of the materials delivered and the
amounts due is attached hereto, incorporated herein by reference and marked Exhibit "A".
Unless you or the contractor pay tmto Liberty Millwork the amount due and owing as
herein stated within thirty (30) days after this notice shall have been served upon you, it is the
intention of Liberty Millwork to file a lien or mechanic's claim against the said house situated at
138 N. 23~d Street, Camp Hill, Pennsylvania and in order to comply with the act of assembly in
such cases made and provided, we hereby set forth the following:
1. The name of the claimant is Liberty Millwork.
2. Donald Reisinger t/d/b/a Reisinger Construction is the person with whom Liberty
Millwork, by and through Timothy Lush contracted.
3. The amount alleged to be still due Liberty Millwork is $6,133.00. Which is the usual,
just and reasonable charges for the said oak trim which were ftmfished and delivered by Liberty
Millwork.
4. A list of the materials and costs is attached as exhibit "A". The last of the said
materials were furnished on December 5, 2003.
It is our intention, unless the amount due Liberty Millwork be paid as aforesaid within
one month from the date of the service of this notice upon you, to file a lien against the premises
above mentioned for the sum of $6,133.00 as above stated.
5. A brief description of the property claimed to be subject to the lien is all that certain
tract of land with the improvements thereon erected known and numbered as 138 N. 23rd Street,
Camp Hill, Pennsylvania.
Susan J. Hart~, Esquire
Attorney for'Liberty Millwork
March 5, 2004
35 E. LIBERTY AVENUE, CARLISLE, PA 17013 · (717) 243-6764
MATERIALS INVOICE
HARTMANN RESIDENCE
138 N. 2$rd STREET
CAMP Hll ,L, PA.
OAK TRUVI PACKAGE
SUPPLIED PRIOR TO 12t6/03
.~ pc pre-finished oak casing, 330 lin. ft. ~ $4.00/ft.
200 lin. ft. 7 1/2" hi pre-finished baseboard ~
200 lin. ft. pre-finished oak base cap ~ SI.S0/ft.
28 pre-finished plinth blocks ~ $10.00 ea.
20 lin. ft. pre-finished closet baseboard ~ $3.00/ft
40 lit*. ft. pre-finished window skirt 3/4"x 3 1/2" ~ $4.00/ft.
40 lin. ft. pre-fin, bullnosed windowsill I l/8"x 4 1/2" C~ $6.00/ff.
Molded 3 piece window and door headers 6 1/2" bi. including:
15 ea. 3'-6" .C~ $75.00 pre*fin. 3 ea. 6' .~ $150.00 pre-fin.
2 ea. 9' 6" ~ $225.00 pre*fin.
2 pc stained oak door jamb 1 1/8"x 4 l/2"x 8' & lpc 4' ~ $4.50/ft.
2 pc stained oak door jamb 1 1/8"x 8 l/4"x 8' & 1 pc 4~ ~ $9.00/ft.
15 pc stained oak door jamb 3/4"x41/2"x7' long ~ $3.60/ft.
$1,320.00
$I,10O.00
$30O. OO
$280.OO
$60.00
$160.0(~
$240.00
$1,125.00
$450.00
$450.00
$90.00
$180.00
$378.0O
TOTAL $6,133.00
Material supplied pre-finished includes sanding, stain, and 4 coats catylized lacquer.
Price does oot ineludc installation
Tim Lush
Liberty Millwork 2/18/04
COMMERCIAL E, RESIDENTIAL CONSTRUCTION · CUSTOM CABINETRY · ARCHITECTURAL MILLWORK
AFFIDAVIT OF SERVICE
I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I
delivered unto E. John Hartmann, Jr, a preliminary notice of intention to file a mechanics' lien
claim by posting a copy of same on the premises situate at 138 N. 23r~ Street, Camp Hill,
Pennsylvania 17011 and also by sending a copy addressed to E. John Hartmann, Jr., 138 N. 23r~
Street, Camp Hill, Pennsylvania 17011 by postage prepaid, certified mall, return receipt
requested on February 25, 2004. ~ ~
William A. Duncan, Esquire
Sworn to and subscribed before me
~.~[N~~ [st day of March, 2004.
(SEAL)
~ k Mumm~t;Na4~y Pddic
· Complete Items 1, 2, and 3, Also COmplete
item 4/f Restricted Delivery is desired,
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this nard to the back of the mailpiece,
or on the front ~f space permits.
1. Article Addressed to:
- D. Is delivery address diffemnl
3. S~vice Type
[] Certified Mail
[] Registered
~] Insured Mail [] C.O.D.
4. Restricted Dedivery? (Ex~a Fee)
2. Article Number
PS Form 3811, August 2001 Domestic Return Receipt
[] Exprees Mail
[] Return Receipt f~r Merchandise
[] Yes
102595-02-M- 1035
AFFIDAVIT OF SERVICE
I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I
delivered unto E. John Hartmann, Jr, a formal notice of intention to file a mechanics' lien claim
by posting a copy of same on the premises situate at 138 N. 23~ Street, Camp Hill, Pennsylvania
17011 and also by sending a copy addressed to E. John Hartmann, Jr., 138 N. 23rd Street, Camp
Hill, Pennsylvania 17011 by postage prepaid, certified mail, return receipt requested on March 5,
2004. ~s
quire
Sworn to and subscribed before me
this ~l~ day of March, 2004.
(SE L) ·
Bo,ough of Carlieb, Cuml~d~l~o.~ PA
My conlmi&eioo EXg¥oe Aug. 11~ 2007
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delive~ is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if apace permits.
1. Article Addressed to:
~1 Ce~dfled Mail i"l Expreea Mail
[] Registered ~ Return Receipt for Merchandise
[] Insured Mall I-1 C.O.D.
4. Restricted Delivery? (Extra Fee) [~ Yes
2, Article Number
PS Form 3811, August 2001 Domestic Return Receipt
~ I Postage
I~ Certified Fee
U3
Return Receipt Fee
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01428 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LUSH TIMOTHY TDBA LIBERTY MILL
VS
HARTMANN E JOHN JR
GERALD WORTHINGTON ,
Cumberland County,Pennsylvania,
says, the within MECHANICS LIEN CLAIM
HARTMANN E JOHN JR
OWNER , at 2040:00 HOURS,
at 138 N 23RD ST
CAMP HILL, PA 17011
E. JOHN HARTMANN JR
a true and attested copy of MECHANICS
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 14th day of April
by handing to
the
, 2004
LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this /4 ~ day of
~ ] ~2~ A.D.
iOr6thonot ary
So Answers:
R. Thomas Kline
04/15/2004
DUNCAN HARTMAN DOUGLAS