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HomeMy WebLinkAbout09-0317MACNAMARA CONCRETE, INC., Plaintiff v. RICHARD P. HART, JR. and NANCIE J. HART d/b/a HART ENTERPRISES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: ~ 9 ~ 3 ~ 7 /'h Mechanics Lien MECHANICS' LIEN CLAIM NOTICE TO OWNER TAKE NOTICE, that on this date, in the Court aforesaid at the above number and term, MacNamara Concrete, Inc. has filed a Mechanics' Lien Claim for work done and material furnished in the construction of a property known as Lot 1 depicted on Phase 2 for The Manor at Fair Oaks, located in Lower Allen Township, Cumberland County, Pennsylvania. The amount claimed is $6,044.00. Respectfully Submitted: Date: _~~~ By: Andrew H. Shaw, Esc~ire Sup. Ct. I.D. No. 87371 200 S. Spring Gazden St., Suite 11 Cazlisle, PA 17013 (717) 243-7135 (phone) Attorney for Plaintiff MACNAMARA CONCRETE, INC., Plaintiff v. RICHARD P. HART, JR. and NANCIE J. HART d/b/a HART ENTERPRISES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1~iIA Docket No.: Mechanics Lien CLAIM OF MECHANICS LIEN COMES NOW, Edwin MacNamara, as a representative of MacNamara Concrete, Inc., a Pennsylvania corporation acting as aSub-contractor which has provided labor and/or materials for the operation, erection or construction of the property located at and described as Lot 1 of Phase 2 at the ViW~ge of Fair Oaks, Lower Allen Township, Pennsylvania (legal description attached) and would state as follows: 1. The above-described property owned by or reputed to be owned by Richard P. Hart, Jr. and Nancie J. Hart. Who may have lived at the following address 5154 Kylock Road, Mechanicsburg, PA 17055. 2. The above-referenced subcontractor, labor and/or materials were furnished under an agreement with Richazd P. Hart, Jr. d/b/a Hart Enterprises, Inc. A Formal Notice of Intention to File Lien was provided to the property owner on the 26~' day of November, 2008. 3. Labor and/or materials were provided under a contract with the property owner for the furnishing of the following labor and/or materials: Labor/Materials Furnished Concrete installation Dig walks and drive Date Furnished Yalue/Cost July 24, 2008 $5,688.25 July 24, 2008 $ 190.00 Interest through 9/23/08 $ 176.04 4. The amount due the undersigned for said labor and/or materials is $6,044.04. This the 20th day of January, 2009. Edwin MacNamaza, President of MacNamaza Concrete, Inc. Acknowledgement of Individual STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of , 20_, before me, the undersigned officer, personally appreazed Edwin MacNamara, known to me (personally or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREIN, I hereby set my hand and official seal. Notary Public My Commission Expires: Certificate of Delivery I, Andrew H. Shaw, Esquire, hereby certify that I have delivered this day a true and correct copy of the foregoing to Richard P. Hart, Jr. and Nancie J. Hart by: ^ Personal Service ^X Mailing a true and correct copy of same by first class register or certified U.S. Mail, postage prepaid, return receipt requested to 5154 Kylock Road, Mechanicsburg, PA 17055. So certified this the 20th day of January, 2009. Signature ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING at a concrete monument along the western legal right-of-way line of Rossmoyne Road (SR 2021), said concrete monument being South 18 degrees 01 minutes 58 seconds East a distance of 18.77 feet from the southeast property corner of lands n/f Erie Indemnity Company; thence from said concrete monument South 36 degrees 49 minutes 53 seconds East a distance of 247.03 feet to a point on the northern legal right-of-way line of Ravenwood Road; thence along the northern legal right-of-way line of Ravenwood Road, by a curve to the left having an arc length of 18.56 feet, a radius of 175.00 feet, a chord bearing of South 54 degrees 20 minutes 09 seconds West and a chord length of 18.55 feet to a point; thence along the same, South 51 degrees 17 minutes 49 seconds West a distance of 265.07 feet to a point; thence along the same by a curve to the right having an arc length of 76.20 feet, a radius of 125.00 feet , a chord bearing of South 68 degrees 45 minutes 38 seconds West and a chord length of 75.03 feet to a point; thence along the same South 86 degrees 13 minutes 28 seconds West a distance of 181.07 feet to a point; thence along the same by a curve to the left having an arc length of 39.58 feet, a radius of 175.00 feet, a chord bearing of South 79 degrees 44 minutes 44 seconds West and a chord length of 39.49 feet to a point; thence along the eastern boundary line of Lot No. 50 of the hereinafter referenced Final Subdivision Plan North 35 degrees 30 minutes 15 seconds West a distance of 149.22 feet to a point; thence along the southern line of lands n/f Erie Indemnity Company North 54 degrees 30 minutes 00 seconds East a distance of 545.57 feet to a point; thence along the western legal right-of- way line of Rossmoyne Road (SR 2021) South 18 degrees 01 minutes 58 seconds East a distance of 18.77 feet to a point and place of BEGINNING. THE FOREGOING legal description is in accordance with the Plan entitled, "Phase 2 Final Subdivision Plan for the Manor at Fair Oaks" dated August 25, 2003, last revised August 19, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, Page 120. BEING Lot No. 1 depicted on the Phase 2 Final Subdivision Plan for The Manor at Fair Daks, said plan dated August 25, 2003, last revised August 19, 2004, prepared by Alpha Consulting Engineers, Inc. and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 89, Page 120. C") __ ~"~' a ~ M o ~ ~p ~ ~ n3 r, m +F N 7 ~~ , Q ~ 1T d ~ c ~ °Q ~ rv ~ - ~ ~ c~ --c 0 ~ S~ `K ~- P E