Loading...
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