HomeMy WebLinkAbout09-3125V
HI-TECH HI-ART L.L.C., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. Of - 3
HAROLD F. WILEY,
JOSE M. NIEVES and
PEGGY W. NIEVES, Civil Action Mechanic's Lien
Defendants
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by attorney and filing
in writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, Pennsylvania,
Telephone: (717) 249-3166
HI-TECH HI-ART L.L.C.,
Plaintiff
V.
HAROLD F. WILEY,
JOSE M. NIEVES and
PEGGY W. NIEVES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?? - 3/as-
Civil Action Mechanic's Lien
TYPE OF PLEADING
Mechanic's Lien Complaint
Filed on Behalf of
Plaintiff
Counsel of Record for this
Party:
Jonathan W. Crisp, Esquire
Attorney-At-Law
PA I.D. 83505
3601 Vartan Way
Harrisburg, PA 17110
717-412-4676
717-412-4679 (fax)
jcrisp@crisplegal.com
Jonathan W. Crisp, Esquire
ID# 83505
3601 Varian Way
Harrisburg, PA 17110
Telephone: 7174124676
Facsimile: 7174124679
jcrisQ?crisoleaal.com
HI-TECH HI-ART L.L.C.,
Plaintiff
V.
HAROLD F. WILEY,
JOSE M. NIEVES and
PEGGY W. NIEVES,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 0 _ 3 c-sue .,11
Civil Action Mechanic's Lien
COMPLAINT
Hi-Tech Hi Art LLC, by and through their counsel, Jonathan W. Crisp, files this
complaint against the defendant to obtain judgment on Hi-Tech Hi Art's claim for a
Mechanic's Lien for labored performed and materials furnished to owner, and avers as
followed:
IDENTITY OF THE PARTIES
1. At all relevant times herein, Hi-Tech Hi Art LLC (hereafter referred to as to "plaintiff")
was and still is a resident of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania and maintains its principal place of business at 32 8th Street Suite 9 in
New Cumberland.
2. At all relevant times herein, Harold F. Wiley, Jose M. Nieves, and Peggy Nieves
(hereafter referred to collectively as the "defendants") were residents of Newville,
Cumberland County, Commonwealth of Pennsylvania, with an address at 2258 Pine
Road, Newville, PA 17241.
FACTS
3. The defendants are the owners of the following described real property (hereafter
referred to as "property"): Improved residential real property owned in fee simple by the
defendants as tenants in common, and located at 2258 Pine Road, Newville, PA 17241,
having a parcel ID number of 31-11-0302-016.'
4. On or about 20 October 2007, plaintiff, as a contractor, entered into an agreement
(hereafter referred to as "contract") with the defendants.
5. Pursuant to the contract, the plaintiff agreed to provide all the materials and labor
necessary in connection with the roof installation on property. Attached hereto and
marked for identification as Exhibit "B" is a copy of the contract.
6. Pursuant to the terms of the contract, the defendants agreed to pay the plaintiff a
total sum of Sixteen thousand eight hundred eighty seven dollars ($16,887), with a
deposit in the amount of one thousand eight hundred eighty seven dollars ($1,887.00),
and five hundred dollars ($500) to be paid monthly until the remaining balance was
satisfied.
7. The defendants knew and authorized the property to be improved by the labor and
materials furnished by the plaintiff under the contract.
8. On or about 23 October 2007 until 10 December 2007, the plaintiff furnished all
materials, equipment, and performed labor in compliance with the terms of the contract.
Plaintiff has performed all conditions precedent under the contract.
9. The defendant was provided with the immediate use and benefit of the materials
furnished and labor provided by the plaintiff.
10. The initial deposit was a check, which was subsequently dishonored by the issuing
1 Property is more particularly described on Exhibit 'A' attached hereto.
bank. Attached hereto and marked for identification as Exhibit "C" is a copy of the
plaintiff's bank statement and the defendant's dishonored check.
CLAIM
11. On 6 May 2008, plaintiff retained undersigned counsel and filed a claim for a
mechanic's lien in the Cumberland County Court of Common Pleas for the amount of
Sixteen thousand eight hundred eighty seven dollars ($16,887.00), along with lawful
interest. The court, term, number and date of filing the Mechanic's lien is as follows:
Cumberland County Court of Common Pleas, 08-2897, MLD; the lien was filed on 6
May 2008. Attached hereto and marked for identification as Exhibit "D" is a copy of the
Mechanic's lien.
12. On or about 3 July 2008, the defendant tendered a check in the amount of one
thousand seven hundred nineteen dollars ($1,719.00) to the plaintiff. The check was
honored.
13. Undersigned counsel has been retained to file this action and requests reasonable
attomey's fees on behalf of plaintiff and expenses totaling three thousand dollars
($3,000.00) through the trial court proceedings.
WHEREFORE, plaintiff, respectfully requests judgment against the defendant for the
sum of fifteen thousand one hundred and sixty eight dollars ($15,168.00), together
with reasonable attomey's fees and expenses; for foreclosure of the lien against the
property of the defendants by judicial sale of the premises and application of the
proceeds to the satisfaction of said judgment; for costs associated with this action,
and other further relief as may be just and equitable.
Date: 5r ?
ona an W. Crisp, s re
(. 83505)
3601 Vartan Way
Harrisburg, PA 17110
Telephone: 717-412-4676
Facsimile: 717-412-4679
CERTIFICATE OF SERVICE
I hereby certify that I have filed the appropriate documentation along with the fee with
the Cumberland County Sheriff's office to serve the named Defendants pursuant to the
Pennsylvania Rules of Civil Procedure.
Date: s ^ r 5r-I
Jo t n W. Crisp, Esquire
I.D. 3505
3601 Vartan Way
Harrisburg, PA 17110
Telephone: 717-412-4676
Facsimile: 717-412-4679
HI-TECH HI-ART L.L.C., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. -
HAROLD F. WILEY,
JOSE M. NIEVES and Civil Action Mechanic's Lien
PEGGY W. NIEVES,
Defendants
Verification
The above complaint is based upon information which I have furnished to my
counsel and information which has been gathered by my counsel in preparation for this
matter. The language of the complaint is that of counsel and not of mine. I have read
the complaint and to the extent the complaint is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information, and
belief. To the extent that the content of the complaint is that of counsel, I have relied
upon counsel in making this verification. I hereby acknowledge that the facts set forth in
this complaint are made subject to the penalties of 18 Pa. C. S. §4904 relating to
unswom falsifications to authorities.
Date:
n B. Di Santo
resident, Hi-Tech Hi-Art, LLC
q&
533 (Z'
Prepared By & American Freedom Assurance, Inc.
Return To: 1055 Wesdskes Drive, Ste 3016
Berwyn, PA 19312
610-640-2040
File No. 08-05870
UPI/Parcel No. 31-11-0302-016
bt,5 311bttltUrle, Madethe day of 2
in the year of our Lord two thousand and eight (2008)
Netteen Harold Wiley, single man
(Hereinafter called the Grantors), of the one part, and
Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband
and wife
(Hereinafter called the Grantee), of the other part,
39rt ttO.0t o, that the said Grantors for and in consideration of the sum of One Dollar ($1.00)
lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or
before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted,
bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release
and confirm unto the said Grantee, Sole Owner, his/her personal representatives and assigns his heirs
and assigns,
ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH
A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2,1976,
AS FOLLOWS:
BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD)
BEING THE NORTHEAST CORNER OF LOT NO. 1; THENCE ALONG THE LAND OF MRS. R.
STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES (40) MINUTES WEST FOUR
HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN;
THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-
SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE
HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN;
THENCE ALONG LOT NO.2 NORTH NINE (09) DEGREES (12) MINUTES ONE (01) SECOND EAST
FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE-HUNDREDTHS (436.75) FEET TO AN IRON
PIN; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF LR 21008 SOUTH EIGHTY (80)
DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS EAST ONE HUNDRED
THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING.
CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DIVISION PLAN BY
LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE
RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29
AT PAGE 108.
Exhibit A
a&
190 Br W41 all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water-courses, rights, liberties, privileges, hereditament and appurtenances,
whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions
and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim
and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same.
0:0 bAbe WO tO bdb the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditament and premises hereby granted, or mentioned and intended
so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper
use and be hoof of the said Grantee, his heirs and assigns, forever.
210 the said Grantors, for themselves and their heirs, executors and administrators, do, by these
presents, covenant, grant and agree, to and with the said Grantee, his heirs and assigns, that they, the
said Grantors, and their heirs, all and singular the hereditament and premises herein described and
granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs
and assigns, against them, the said Grantors, and their heirs, and against all and every other person and
persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her,
it, or any of them, shall and will Wier ast "b f oreber 38dmb.
art ?ftitO ?9ertaf, the parties of the first part have hereunto set their hands and seals.
Dated the day and year first above written.
olmleb IM4 0eifballb
IN THE PRESENCE OF US:
6l Y (SEAL.)
Harold Willey
(SEAL)
Commonwealth of Penns Ivania
County of ?Nl, eo_ny :SS;
On this the /6;Aday of ?rxJ4; -y c% before me, a Notary Public for the Commonwealth of
Pennsylvania, residing in the County of the undersigned Officer, personally
appeared N ?-? 1d (,,;>;
known to me (or satisfactorily proven)
to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained. ?-,
IN WITNESS WHEREOF, I hereunto set my hand
COMMONWEALTH Of PENNSYLVANIA
NOTARIAL SEAL
Joseph L. Grove, Notary Public
Silver Spring Twp., Cumberland County n
M CommL?Si0r1 JWM 18 2009
moo, ar, Knnpaonio A,w0010n of Notaies t1
seal.
expires l y I ??
The address of the above-named Grantee is:
2258 Pine Rd
Newville, PA 17241
Penn Township
County of Cumberland
a
BEING TAX MAP NUMBER 31-11-0302, PARCEL NUMBER 016, ALSO BEING KNOWN AND
NUMBERED AT 2258 PINE ROAD, NEWVILLE, PENNSYLVANIA 17241.
Being the same premises Pennsylvania State Bank, by deed dated 11/14/03 and recorded 11/19/03
in Cumberland County in deed book 260 page 2063 conveyed unto Harold Wiley, single man, in
fee.
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Phq-t-40. 7/ 7 7,740 tonne:
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t.The 00r*aoW shall provlds a oorhpetwo brwrnn to supervise All work and ad as to aorilrecbrs sprees W utless destpn I otllatdae.
2. No installation OW be perbrmsd &AV nanny or Yrdem d wsgw or on host ar wet covered surfaces.
3. Work sMtl be sd»duled to provide a water NM teal at the and of each work day, In 1110 areas worked upon durkng tint day.
t. Underlayrnerit hpael t ply over entire roof area.
, hnstatl msW llaahinpe along eaves, rake edges, costal Mftp and 01 Wtinw areas requked to oompMM the rod YustNation.
8. Qompistion of days work, inspect the days work and repair any deflcisndas and dean up prior to Mavirq sill for tine day.
As nvAwW is guaranteed to be as 1F m A, d, and the above work to be perbmwd in accordarm with tin drawings and apsdticafors to strove QL
work and oori ip in a aubsWM wort m ift mww w for the sun of Dollars
with payments to be made as follows.
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w0 be waO.d adr W w.0 dw ago wa r«,oas an SWG .
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Not.-This proposal be witldriwn t' as tl not acapte?
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The above prioss, specifications and conditions are we a ocepNd. You we aWnori=ed to do the work as specified. PayrnsMS wa be
made as outlined above.
Date / C` ?C " - ?'? a Signature ?T?
START TO FINISH - JOIN THE AMjRICAN ROOFING REVOLUTION
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we hwebY propose to famish the nnaterlala and pertorm the labor necessary for the t:omplstlon of ,
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FROM :
FAX NO. :6108920865
Jun. 04 2008 11:28AM P1
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HI TEC•IMI ART LLC
03 CAROUSEL CNtCLE
HERSHEY PA 170=
Commam BanktHOnitt2tg9 N.A.
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Exhibit C
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A Page 1 of 1
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JOSE M NIEVES
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PEGGY W NIEVES
PH. 717-226-1976 717-226-0896
2258 PWE RD.
NEMILLE, PA 17241
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MTL 0321255160
8090 B7 P9
13 /2+/2007
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COMMERCE BANK NA
CHERRY H3LL,A,-1? mw?_,
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Account:2182289633 Check#:0 Amount:$1,887.00 Date Presented: 11-29-2007
http://mtlOlafscvvip.yesbank.com/scripts/afs/afsweb/AfsWeb.dll?Process? aDDhcation=e... 05/13/2008
.
HI-TECH HI-ART, LLC
Contractor
V.
HAROLD F. WILEY and
JOSE M. NIEVES and
PEGGY W. NIEVES
Owners
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
: No.:2008-2897 MLD
To: Harold F. Wiley, Jose M. Nieves and Peggy Nieves; 2258 Pine Road,
Newville Pennsylvania 17241
You are hereby notified that on 6 May 2008, I, Jonathan W. Crisp,
Esquire, by and on behalf of Hi-Tech Hi-Art, the claimant, filed as of the
court, term, and number specified above, a claim for a mechanic's lien in
the sum of $16,887.00, with lawful interest, against the following premises:
a one (1) story residence and large garage, parcel ID number: 31-11-0302-
016.
A true copy of the claim is appended to this notice. CM IBM F
T"W" WINK"I.1 hK1 U* 9=0 ho
c val o1lud d
#I Ad
T, I
Jonathan W. Crisp, Esquire
Attorney ID No.: 83505
3601 Vartan Way
Harrisburg, Pennsylvania 17110
Ph: 717-412-4676
Fax: 717-412-4679
Exhibit D
Jonathan W. Crisp, Esquire
ID# 83505
3601 Vartan Way
Harrisburg, PA 17110
Telephone: 717-909-8227
Facsimile: 717-657-0263
icrispOcrisolegal.com
HI-TECH HI-ART, LLC
Contractor
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
No.: 2
HAROLD F. WILEY and -Offi
V
JOSE M. NIEVES and
PEGGY W. NIEVES rn a
Owners
M
' ? G17
Hi-Tech Hi-Art, pursuant to the Mechanics' Lien Law of 1963, Pub. L. Iffo.
1175, No. 497, Section 503 (49 Pa. Stat. Ann. 1503), files this claim of lien
as a contractor against Harold F. Wiley,. Jose M. Nieves and Peggy Nieves,
the owners, and against the building and premises described in this claim
and the appurtenant curtilage, for the debt of $16,887.00, together with
lawful interest from January 1, 2008, due to Hi-Tech Hi-Art, LLC as
contractor in the installation of a new metal shingle roof on the building, and
makes the following claim:
1. The name of the claimant is Hi-Tech Hi-Art, LLC.
2. The address of the claimant is 32 8th'Street, New Cumberland, PA
17070.
3. The names of the owners of the premises and building against which
this claim is filed are Harold F. Wiley, Jose M. Nieves and Peggy Nieves
and their address is 2258 Pine Road, Newville, PA 17241.
4. The claimant contracted directly with Harold F. Wiley, Jose M. Nieves
and Peggy Nieves.
5. The claim of the claimant is based on the contract for labor and
materials, entered into between Harold F. Wiley, the then owner and
Landlord of the property at the time the contract was signed as well as the
then tenants of the property and now joint owners, Jose M. Nieves and
Peggy Nieves and the contractor/claimant on 20 October 2007 for
$16,887.00, labor and materials inclusive. The work and materials were
furnished from on or about 23 October 2007 to on or about 10 December
2007. The nature and character of the work was the furnishing of metal
shingle roofing materials, metal flashing, inspecting wood decking and
replacing as necessary, screws, etc., and the labor necessary for
installation. Attached hereto and incorporated herein by reference as
Exhibit A, is a copy of the contract by and between the Claimant and
Owners.
6. The sum of $16,887.00, together with lawful interest from 1 January
2008, is due the claimant. The claimant has no note or other collateral
security for the claim.
7. The work was done and the materials furnished for the installation of the
metal shingle roof of one story ranch style residence and large garage at
2258 Pine Road, Newville, Pennsylvania 17241. Said property parcel ID
number is 31-11-0302-016. Attached hereto and incorporated herein by
reference as Exhibit B is the deed describing said property.
J than W. Crisp, Esquire
Attorney ID No.: 83505
3601 Vartan Way
Harrisburg, Pennsylvania
17110
Ph: 717-909-8227
Fax: 717-657-0263
Verification
Commonwealth of Pennsylvania
County of Cumberland
John B. DiSanto, owner/agent of Hi-Tech Hi-Art, LLC, a contractor,
being duly sworn, deposes and states: (,John B. DiSanto, am the
authorized agent of the claimant above named. I have read the foregoing
claim and declare that so far as they are within my knowledge, all facts set
forth in the claim are true.
COMMONWEALTH OF PENNSYLVANIA
Chftbplw AA. Hamm, Notary PublIc
LowerANen Np., Ctrrtberler?
My CAmrrrMM EVhW Apol 30, 2?011?
Member, Pennsylvania Assoolatlon of Notaries
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02897 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HI-TECH HI-ART LLC
VS
WILEY HAROLD F ET AL
4
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
WILEY HAROLD F the
OWNER
, at 0018:35 HOURS, on the 5th day of June , 2008
at 2258 PINE RD
NEWVILLE, PA 17241 by handing to
PEGGY NIEVES ADULT IN CHARGE
a true and attested.copy of MECHANICS LIEN CLAIM together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 13.00
Affidavit .00
Surcharge 10.00 R. homas Kline
Postage .42
41.42 06/06/2008
JONATHAN CRISP
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
09
t *7 'k . S-6 p A Pi FF
c&rk
A ? ? 5- 3
Sheriffs Office of Cumberland County
R Thomas Kline ??„ta atuq?brrreb Edward L Schorpp
Sheri O T( Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE (F THE sKERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/19/2009 08:55 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a
diligen search and inquiry for the within named defendant to wit: Harold F. Wiley, but was unable to
locate im in his bailiwick. He therefore returns the within Mechanics' Lien as not found as to the
defend nt Harold F. Wiley. The defendant is deceased.
05119/2009 08:55 S
M -teve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2009 a ,
205
5 hours, he served a true copy of the within Mechanics' Lien, upon the within named
defend nt, to wit: Jose M. Nieves, by making known unto Peggy Neives, adult in charge at 22588 Pine
Road ewville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to hei
person Ily the said true and correct copy of the same.
05/19/2009 08:55 M - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 19,
2009 a 2055 hours, he served a true copy of the within Mechanics' Lien, upon the within named
defend nt, to wit: Peggy W. Nieves, by making known unto herself personally, defendant at 2258 Pine
Road wville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to hei
person Ily the said true and correct copy of the same.
SHERIFF COST: $7
May 20, 2009
2009-3125
Hi-Tech Hi Art v Harold Wiley, et. al.
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy Sheriff
-70
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