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Home My WebLink About09-1843STEVEN R. DANNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA VS. : MECHANICS' LIEN DOCKET DOROTHY E. DAY : NO.Oq - 18 JV,3 MILD 2009 Defendant : CIVIL ACTION - LAW MECHANICS' LIEN CLAIM AND NOW, this a3 4 day of f)% r , 20099 comes Steven R. Danner (hereinafter referred to as "Claimant"), by his undersigned counsel, Etzweiler and Associates and files this claim of Mechanics' Lien against Dorothy E. Day pursuant to the Mechanics' Lien Law of 1963, as amended, against the improvements and the estate or title of the owner for the payment of all debts due Claimant as a contractor for labor and materials furnished in connection with the construction of the improvements to the premises located at 103 Pinedale Road, Lower Frankford Township, Cumberland County, Pennsylvania, herein described, upon the following statements: 1. Claimant is Steven R. Danner, an adult individual residing at 9 Mecl arl,-CAu I7,0-J-5' Cromwell Court, Silver Springlownship, Cumberland County, Pennsylvania, and is the contractor in this case. 2. The owner of the premises against whom the claim is filed is Dorothy E. Day (hereinafter referred to as the "Owner"), who is an adult individual residing at 103 Ca r Us le l 704S Pinedale Road, Lower Frankford Township, Cumberland County, Pennsylvania (hereinafter referred to as the "Premises") 3. Claimant entered into an oral contract with Owner for the provision of certain work, labor, equipment and materials related to the improvement of the Premises, including, but not limited to, interior remodeling, exterior landscaping, painting, and demolition of an existing outbuilding and the erection of a replacement outbuilding. 4. Claimant avers that on or about April 3, 2008, the Claimant commenced work on the Premises. 5. Claimant completed substantially all of the improvements to the Premises as requested by the Owner. 6. Copies of the invoices submitted by the Claimant to the Owner totaling Thirty-Seven Thousand Nine Hundred Forty-Eight Dollors ($37,948.00) are attached hereto as Exhibit "A" and are incorporated herein by reference. 7. Owner paid Claimant three payments in the amounts of Five Thousand Six Hundred Dollars ($5,600.00), Four Thousand Eight Hundred Dollars ($4,800.00) and Three Thousand Seven Hundred Dollars ($3,700.00), for a total amount of Fourteen Thousand One Hundred Dollars ($14,100.00) . 8. On or about November 22, 2008, Owner ordered Claimant to vacate the Premises and informed Claimant that she did not intend to pay the balance due on the invoices to Claimant since she did not sign a written contract with Claimant. 9. The amount claimed to be due and owing is Twenty-Three Thousand Eight Hundred Forty-Eight Dollars ($23,848.00) plus interest at 6% per annum from November 22, 2008, until paid. 9. The premises against which this lien is claimed are described as follows: ALL that certain tract or parcel of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike in the centerlines of the intersection of Township Road No. T-455 and a 50.00 feet wide private right-of-way; thence along the latter, North 08 degrees 15 minutes 03 seconds East a distance of 250.00 feet to an iron pin; thence along the same by a curve to the left having a radius of 200.00 feet, an arc length of 101.77 feet to an iron pin; thence along the line of Lot No. 2 on the hereinafter mentioned Plan of Lots South 31 degrees 44 minutes 57 seconds East a distance of 300.34 feet to an iron pin on the line of land now or formerly of Y's Men's Club of Carlisle; thence along the latter South 58 degrees 15 minutes 03 seconds West a distance of 330.00 feet to a railroad spike in the centerline of Township Road No. 455; thence along the latter North 35 degrees 22 minutes 34 seconds West a distance of 275.55 feet to a railroad spike, the place of BEGINNING. CONTAINING 2.1567 acres according to a Subdivision of Ivy Terrace by Eugene A. Hockensmith, dated June 4, 1979, and recorded in the Office for the Recording of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 79, and being designated as Lot No. 3 thereon. BEING the same premises which Dorothy E. Day, successor Trustee under the Paul W. Albright Living Trust dated April 26, 2004, by Deed dated December 26, 2007, and recorded in the Office for the Recording of Deeds in and for Cumberland County as Instrument No. 200747642, granted and conveyed to Dorothy E. Day. 11. This Lien is claimed from April 3, 2008, the date Claimant commenced performance of the work on the Premises and against the Owner's interest in the Premises. WHEREFORE, Claimant files this claim for Mechanics' Lien in the amount of Twenty-Three Thousand Eight Hundred Forty-Eight Dollars ($23,848.00), with interest as provided by law. Date IVN4 6A '23 -,)0d9, ETZWEILER & ASSOCIATES By ? Christian S. Daghir, Esqtj?k Supreme Court I.D. #47741 105 N. Front Street Harrisburg, PA 17101 234-5600 Attorney for Plaintiff . 1 I verify that the statements made in this Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: 5F Steven R. Danner .. Q f i . r `?-?. mss. ?l 3 CD ? T -t -?c O Tl? C s Sheriffs Office of Cumberland County R Thomas Kline rc81VT ?t ?.Uirrbrt Edward L Scho Sheriff 4 4/10 rPP ,- Solicitor r% fi Ronny R Anderson Chief Jody S Smith f Deputy OF us (7 -1E -5"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 05:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1700 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defendant, to wit: Dorothy E. Day, by making known unto herself personally, defendant at 103 Pinedale Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.92 March 31, 2009 2009-1843 STEVEN R. DANNER VS DOROTHY E. DAY SO ANSWERS, eooa ??& R THOMAS KLINE, SHERIFF By Deputy Sheriff RH- WFICE OF 11-E PR'NOTARY 2009 APR -2 PM 3: 30 PENNSYLVANIA STEVEN R. DANNER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA VS. MECHANICS' LIEN DOCKET DOROTHY E. DAY NO. 091-1843 MLD 2009 Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE OF NOTICE OF FILING OF MECHANICS' LIEN CLAIM Christian S. Daghir, Esquire, being duly sworn according to law deposes and says that on March 30, 2009, the Sheriff of Cumberland County served the Notice of Filing of Mechanics' Lien Claim on Dorothy E. Day, the owner of the property against which the claim was filed, by personal service at 103 Pinedale Road, Lower Frankford Township, Cumberland County, Pennsylvania 17015, in accordance with the attached Sheriff's Return. ETZWEILER AND ASSOCIATES Christian S. Dag g, 4Esquire Supreme Court I.D. #47741 105 N. Front Street Sworn and subscribed to before me this '-T day ofS', , 2009. Harrisburg, PA 17101 (717) 234-5600 to Public C?TLPat IIvION??/EALTH OF PENNSYLVANIA NUFARIAL SEAL ty L. Str ohecker, Notary Public y oHarrisburg, Dauphin County commnssiori expires January 06, 2011 a Sheriffs Office of Cumberland County R Thomas Kline 01g of cumber h Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SOERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 05:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1700 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defendant, to wit: Dorothy E. Day, by making known unto herself personally, defendant at 103 Pinedale Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.92 March 31, 2009 2009-1843 STEVEN R. DANNER VS DOROTHY E. DAY SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff OF THEF Pr ITAPY 2009 APR 23 A 113 : 09 x"41 YI at} i ?1 )'^.