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Home My WebLink About09-2977CARTER LUMBER CO. Plaintiff, V. JESSICA S. WENGER and DAVID J. WIBIRT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No: Oq - 41977 IBS Lb MECHANIC'S LIEN MECHANIC'S LIEN CLAIM AND NOW, CARTER LUMBER CO., of Kent, Ohio, pursuant to the Mechanics' Lien Law of 1963, Pub. L. No. 1175, No. 497, Section 503 (49 Pa. Stat. Ann. Sec. 1503) files this Mechanic's Lien claim against JESSICA S. WENGER and DAVID J. WIBIRT, Owners or Reputed Owners, and against the property herein described and the curtilage appurtenant thereto for the payment of a debt due to Carter Lumber Co., in the improvement to the property. The following is a statement of the claim of Carter Lumber Co., and the facts submitted in support thereof, avers the following: 1. The name of the Claimant is Carter Lumber Co., with its principal place of business located at 601 Talmadge Road, Kent, OH 44240. Claimant files this claim as supplier of materials that were provided for the construction of a garage, located at 50 Foxanna Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Owners or Reputed Owners at the time of furnishing the labor, goods, materials and other improvements and the attaching of the lien therefore are: Jessica S. Wenger and David J. Wibirt, whose address is 50 Foxanna Drive, Carlisle, Pennsylvania 17015. 3. The Claimant contracted, through St. Louis Construction Services of Sherman Dale, Pennsylvania, to supply labor, goods, equipment and material for the improvements at the Owners' property, as described in the attachment, found at (Exhibit A), and referenced herein as 50 Foxanna Drive, Carlisle, Pennsylvania. 4. Pursuant to the terms and conditions of their agreement, the Claimant was to be paid at the completion of the project a sum of $3,911.64. 5. Claimant last provided materials to this site on February 11, 2009, and an unpaid balance, in this same amount, remains unpaid. A copy of the Formal Notice of Intention to File a Mechanics' Lien was served upon the Defendant, Jessica Wenger, a copy of which is attached and referenced herein as (Exhibit B). 6. The labor, goods, equipment and materials that were contemplated under the contract were continuously furnished by the Claimant on the property constituting the premises subject to the lien, at 50 Foxanna Drive, Carlisle, Cumberland County, Pennsylvania, as recorded in the Recorder of Deeds Office, Cumberland County, Parcel ID# 38-05-0433-027, a copy of which is attached and referenced herein as (Exhibit A). 7. This lien is claimed against the fee simple interest of the Owners or Reputed Owners in the aforesaid premises. WHEREFORE, Claimant, Carter Lumber Company, claims to have a lien upon the premises described in the amount of $ 3,911.64, plus interest and the costs associated with this filing, against the Owners or Reputed Owners of the premises. By: / -.. hristopher stale, Attorney arlisle Street Hanover, PA 17331 (717) 637-5188 PA Supreme Court ID# 81514 Attorney for Claimant Date: May 5, 2009 C\ PREPARED BY: REALTY SETTLEMENT SERVICES, INC. RETURN TO: REALTY SETTLEMENT SERVICES, INC. 1550 LITITZ PIKE LANCASTER, PA 17601 PARCEL 1D #: 38-05-0433-027 RS# 50001 THIS DEED made the 18th day of FEBRUARY, 2009 I Iiii ri-I I 0008 3 BETWEEN JESSICA S. WENGER Hereinafter called GRANTOR and JESSICA S. WENGER and DAVID J. WIBIRT, SINGLE INDIVIDUALS Hereinafter called GRANTEE (Both Grantor and Grantee, whether one or more, referred to as though singular in number) WITNESSETH, that the said GRANTOR for and in consideration of the sum of $ 1.00 paid by the said GRANTEE to the said GRANTOR, at and before the signing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell and convey unto the said GRANTEE and GRANTEE'S heirs, successors and assigns the premises described on Exhibit "A" attached hereto and incorporated herein by reference: TOGETHER with, all buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments and appurtenances, to the same belonging, or in any wise appertaining, and any reversions, remainders, rents, issues and profits thereof, and of every part and parcel thereof, including any interests specifically set forth on Exhibit "A", if any. And also, all the estate, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, of the Grantor of, in and to the same. TO HAVE AND TO HOLD the same premises, and the appurtenances, hereby granted to Grantee and Grantee's heirs, successors and assigns, to and for the only proper use, benefit and behoof of the said Grantee and Grantee's heirs, successors and assigns forever, under and subject to the conditions set forth on Exhibit "A", if any, AND the said Grantor hereby covenants and agrees that Grantor will warrant specially the property hereby conveyed. In Witness Whereof, the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of Us A State of Pennsylvania County of Lancaster c- . .j < <;. (SEAL) JES A S. WENGE On the 18th Day of FEBRUARY, 2009, before me, the Undersigned Officer, personally appeared JESSICA S. WENGER known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained, and desired the same might be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and officials I. Notary Public CammOnwealth of Pennsylvania NOTARIAL SEAL BARBARA A. NIXDORF, Notary Public Manhelm Twp., Lancaster County, PA My Commission Erruos My 21, 2111 I certify the address of the within-named Grantee is: 50 FOXANNA DRIVE; CARLISLE, PA 17015 1 EXHIBIT 'A' 50 FOXANNA DRIVE SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PA ALL THAT CERTAIN tract of land situate on the East side of Foxanna Drive in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the Northwest corner of land of Charles E. Wenger and wife, in the center line of Foxanna Drive; thence along the land of said land of Charles E. Wenger and wife, North 57 degrees East, five hundred seven and ninety-seven hundredths (507.97) feet to an iron pin; thence along other land of Susan R. Jones Estate, North 29 degrees West, two hundred fifty (250) feet to an iron pin; thence continuing along said other land of Susan R. Jones Estate, South 71 degrees 51 minutes West, five hundred sixty-nine and forty-four hundredths (569.44) feet to a point in the center line of Foxanna Drive aforesaid; thence along the center line of Foxanna Drive the following courses and distances: South 31 degrees 40 minutes 40 seconds East, two hundred forty-nine and eight tenths (249.8) feet; south 36 degrees 23 minutes 40 seconds East, fifty-four and eighty-five hundredths (54.85) feet; south 44 degrees 54 minutes'30 seconds East, forty-six and seventy-eight hundredths (46.78) feet; and South 54 degrees 37 minutes east, forty-eight and fifty-one hundredths (48.51) feet to a point at the place of BEGINNING BEING Lot Number 1 in the '',Final Subdivision Plan of Tract Number 3 of the Susan. R. Joans Estate, as recorded in the recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 34, page 91. BEING THE SAME PREMISES which Edward F. Harry and Jessica S. Wenger, by deed dated November 24, 2008 and recorded December 4, 2008, in the Recorder of Deeds Office in and for Cumberland County, PA in Instrument No. 200838838, granted and conveyed unto Jessica S. Wenger, a single individual. Tax Map No. 38-05-0433-027 .. REV-143 Ex COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE SUREAU OF INDIVIDUAL TAXES POST OFFICE sox 1910 HARRISIURG, PA 17105.8910 REALTY TRANSFER TAX STATEMENT OF VALUE See 'Reverse for Instructions USE ONLY Complete tech section and file in duplicate with Recorder of Deeds when (1) the full voluelconsideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) fomily relationship or (2) public utility easement. if more space is needed, attach additional sheet(s). Jessica S. i Area Code ( 717 1 713-1988 Street Address City State Zip Code 50 Paorinm Driw (Aisle PD 17015 ?..ree?r+?¦e¦!7!7"717'?!'! .. -T A.....,.....1 n--,-..t Granror{s)llessor(s) Grontae(s)lLessee(s) " Je sim S. Mffig?r JessiCe S. WMgE!r and livid J. W Wirt Street Address Seel Address 50 F.er1a lriVe SaTB City Stete Zip Coda, City State Zip Code CaIrlisle A3 17015 swe PROPERTY LOCATION Street Address Cary, Township, Sorough 50 FcKWM Drive Silent' S?OM Tbnrlship County School District Tax Parcel Number Q lad la7d VdLI,~y 3B--05-N33-027 1 VALUATION DATA 1. Actual Cosh Consideration 2. Other C itderelan 3. Total Consideration 1.00 + 0000 1.00 County Assessed Value 5. Commo Le el Ratio factor 6. fair Market Value 76,060.00 x 1.26 95,835.60 EXEMPTION DATA Im Amount of Exemption Claimed lb. Ferce age of Interest Conveyed Illinois 50; 5% 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestale succession store file Number (Near of Dse ens 1 ? Transfer to Industrial Development Agency. ? Transfer to agent or straw party. (Attach copy of agencylstrow party agreement). ? Transfer between principal and agent. (Attach copy of agency/straw trust agreement). Tax paid prior deed S ? Transfers to the Commonwealth, the United States, and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (Attach copy of resolution). ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective deed (Attach copy of the prior deed). ? Statutory corporate consolidation, merger or division. (Attach copy of articles). Other (Please explain exemption claimed, if other than listed above.) L!C? n0Q0aAt8d Sr tO Lid .der penalties of law, I declare that I have examined 1161 is Statement, including o"cimpanying information, and to the best'of my knowledge and belief, it Is true, correct and complete. Sienetum of Cerresoon ent or ns,'ble Party Date 2/18/09 s E REVERSE) APR:21-2009 TUE 02:26 PM inland FAX NO. 3306733657 P. 'c18 ' UNNNFNWAN? Wednesday, March 18, 2009 VIA CERTIFIED MAIL Jessica S. and David Wenger 50 Foxanna Dr Colebrook, PA 17015 FORMAL NOTICE Of ><N'i ]ELATION TQ n LE MBA-'%TTr- Re: Carter Lumber Company Contractor: St Louis Construction Services Project: Garage at Wenger Residence 50 Foxanna Dr Carlisle, PA Gentlemen: Carter Lumber Company, is a supplier of Building Materials to St Louis Construction Services, the General Contractor on the construction project at 50 Foxanna Dr, Carlisle, PA. The last date on which materials were supplied to the Garage at Wenger Residence job was 022/1112009, There remains an unpaid balance due from St Louis Construction Services in the amount of $3,911.64 for that materials. Please consider this letter your notice under the Pennsylvania Mechanic's Lien Law, 49 P.S. §1101 et. sect. that if payment of said amount is not made in full to Carter Lumber Cornpaay within thirty days of the date of this notice, it is Carter Lumber Company's intention to file a Mechanic's Lien Claim against the real estate upon which 50 Foxan a Dr is situated, as fully described in the Recorder of Deeds Office of Cumberland, Pennsylvania. If you have any questions regarding this notice, please contact Rebecca Smith at Carter Lumber Company, Talephone (330) 673-6100. Cerely, 1 .ice a ro?? Carter Lumber Company 601 Tallmadge Road Kent, OH 44240 CC'. St Louis Construction Services 203 Burn Hilt Rd Sherttmans Irtale, PA 17090 Reference: G3810011 r`r)PPOPATF OFFICE: W Exhibit B a Q i. FILM.^-C. '"FILE OF THE F` 'Y X" NOTARY 2009 MAY 12 AM y: 16 # !Q .00 Pz A7N CZ+ a3g3 W+ aa5oO0 Sheriffs Office of Cumberland County R Thomas Kline 451tn etup?berla Edward L Schorpp Sheri' Solicitor Ronny R Anderson ?'!? ? Jody S Smith Chief Deputy OMM Of THE $KRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 04:45 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26,20 9 at 1645 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defend nt, to wit: Jessica S. Wenger, by making known unto herself personally, defendant at 50 Foxanna Drive arlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her person Ily the said true and correct copy of the same. 05/26/2009 04:45 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 20 9 at 1645 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defend nt, to wit: David J. Wbirt, by making known unto Jessica Wenger, adult in charge at 50 Foxanna Drive Aisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her person Ily the said true and correct copy of the same. SHERIFF COST: $51.64 May 27, 2009 Carter Limber Company Jessica 4. Wenger By Deputy Sheriff c ryr . CID 3 C:) '-< SO ANSWERS, R THOMAS KLINE, SHERIFF