HomeMy WebLinkAbout09-3732Gary L. Rothschild, Esquire
PA Supr. Ct. I.D. No.: 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(Tele. (717) 540-3510
Fax. (717) 540-3512
Glrothlaw@comcast.net
Attorney for Claimant, Nicholas Evanoff Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NICHOLAS EVANOFF COMPANY,
Claimant
V.
: Civil Action No: 0 9 .3 73-?? /+s L-1
SUTLIFF ENTERPRISES, INC.
Owner or Reputed Owner.
MECHANICS' LIEN CLAIM
AND NOW, comes Claimant, Nicholas Evanoff Company, by and through its counsel, Gary
L. Rothschild, Esquire, and hereby files the following Mechanics' Lien Claim as a subcontractor,
pursuant to the Mechanics' Lien Law of 1963, 49 P.S. § 1101 et. seq., as periodically amended,
against the premises herein described, any and all buildings erected thereupon and the curtilage
appurtenant thereto, for the contract price of $ 30,000.00 for materials and labor hereinafter
described, due it as a subcontractor under the herein described, and further avers as follows:
The name of the party Claimant is Nicholas Evanoff Company ("Claimant") and its
principal place of business is 997 Peiffers Lane, Harrisburg, Dauphin County,
Pennsylvania 17109.
2. Claimant files this Mechanics' Lien Claim as a subcontractor.
3. The name of the owner or reputed owner is Sutliff Enterprises, Inc. with addresses of
802 South 16th Street, Harrisburg, Pennsylvania 17104 and 13`h & Paxton Streets,
Harrisburg, Pennsylvania 17105, and a place of business located at 6462 Carlisle
Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055.
4. The work, which is the subject of this claim, was completed by the Claimant on
December 8, 2008.
5. The name of the entity that Claimant entered into a subcontract agreement (the
"Subcontract") with is Mass Construction Group, Inc., the general contractor, and its
principal place of business is 681 Knight Road, Harrisburg, Dauphin County,
Pennsylvania 17111.
6. The nature of the kind and character of the labor and materials furnished by Claimant
is set forth in Attachment A of the Subcontract, a true and correct copy of which is
attached hereto and incorporated herein as Exhibit A. The subcontract value is
$ 30,000.00, consisting of approximately $ 24,100.00 of materials and approximately
$ 5,900.00 of labor.
7. The amount claimed to be due is $ 30,000.00, exclusive of interest, penalty interest
and attorneys' fees. Claimant has fully completed and invoiced the work represented
by the outstanding amount.
The property which is subject to the Claimant's Mechanics' Lien Claim is identified
as 6462 Carlisle Pike, Mechanicsburg, PA 17055, as set forth in Tax Map Parcel
Number 38-18-1328-084 and Deed Book W, Volume 33, page 125 as maintained by
the Cumberland County Recorder of Deeds. A true and correct description of the
property is attached hereto and incorporated herein as Exhibit B.
9. The improvement to the property which is subject to the Claimant's Mechanics' Lien
is set forth in Attachment A of the Subcontract, a true and correct copy of which is
attached hereto and incorporated herein as Exhibit A.
10. Formal Notice of Intention to File a Mechanics' Lien Claim was served upon Sutliff
Enterprises, Inc. by U.S. Mail and certified mail, return receipt requested, on May 4,
2009. A true and correct copy of said Formal Notice and certified mail return receipt
are attached hereto and incorporated herein as Exhibit C.
11. This lien is claimed against the premises described above as well as any and all
buildings erected thereon and the curtilage appurtenant thereto located at 6462
Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055.
WHEREFORE, Claimant, Nicholas Evanoff Company, respectfully requests that this
Mechanics' Lien Claim be entered against the referenced property and such other relief as
this Honorable Court deems appropriate.
Respectfully submitted, -A/
Date: tl?/9 By:
Gary L-kodschild, Esquire
Attorney for Claimant, Nicholas Evanoff Company
VERIFICATION
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. § 4904
relating to unsworn falsification to authorities.
Date Nicholas Evanoff, Owner
Nicholas Evanoff Company
997 Peiffers Lane
Harrisburg, PA 17109
Exhibit A
ATTACHMENT "A"
SUTLIFF CADILLAC - ADWHON
SCOPE OF WORK
ROOFING
Uni ss otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and
supervision required to perform the ROOFING work for this project in accordance with the Drawings and Specifications
and 1 applicable codes. The majority of the Scope of Work is described below; however, the Subcontractor shall be
res nsibie for all Contract Documents to the extent they apply to this work or require coordination or information from
this Subcontractor.
This Scope of Work includes, but is not limited to the following:
I . 37enerally, the work will consist of performing all ROOFING work as described on the Drawings and as required to
rovide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools,
uipment and materials necessary to properly perform the work.
2. ork will be performed in accordance with the Construction Schedule; however, not all work can be performed
imultaneously or uninterrupted. Portions of the work will be phased to accommodate the operational schedule of the
facility. Manpower and materials must be scheduled accordingly.
3. Coordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this
Subcontractor or any trade do not occur.
ubcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and ( or
-placement of same, if such damage occurs.
work generally includes equipment, labor and material for the following:
At existing EPDM roof as shown on drawing A3.2 Section C, remove existing roof materials as needed for the
installation of reinforcement steel onto existing steel beam.
Provide for a minimum overlap of twenty four (24") inches between existing and new roof. Supply continuous
expansion joint and tapered roof insulation as shown on drawing A3.2 Section C. at existing and new roof.
Supply and install tapered insulation as shown on Drawing A3.2 with gravel stop.
Supply and install new protection board protection (board will be installed, only if required by roofing
rnanufacturer), rigid insulation and EPDM roofing system at new roof areas as indicated on plans. Roof insulation
shall be a minimum of 4 inches thick "polyisocyanurate insulation"
Comply with manufacturer's details and requirements for all applicable conditions at tie-ins to existing structures,
penetrations, curbs and edge conditions to ensure a complete and warranted roof system.
« New roof expansion joint assemblies and associated components at existing and new roof edges.
• Supply and install new roof edge copings to match existing, metal flashings and gravel stops, all based on
manufacturer's standard colors. (all flashing and coping to conform to IBC uplift standards)
• Install new roofing and fleshings where existing rooftop-mounted HVAC equipment is to be removed, and install
new roofing and fleshings at new roof curbs and penetrations for new and salvaged rooftop-mounted HVAC
equipment, all in accordance with manufacturer's standard details and instructions.
• Supply and install insulation in such a manner as to create crickets as indicated on plan.
• Supply and install fleshings for roof drains as indicated on plans
• Installation methods and details, and insulation and accessories shall be per manufacturers' requirements to meet
warranty standards. Arrange for and coordinate inspection of roof installation by manufacturer to meet warranty
requirements.
1 of 2
6. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site
Superintendent.
7. (Subcontractor will not be responsible for building permits, but will be responsible for any required over the road or
related permits and adhering to all applicable Township requirements.
8. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide
wn means of power (generators, etc.).
9. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power
are not available or are temporarily unavailable.
10. Subcontractor shall perform daily clean-up of own general waste, debris and related items.
11. ubcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set
orth by OSHA and Mass Construction Group, Inc.
12. ubcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of
ordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall
rovide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor
oes not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the
ubcontractor's expense, to make up for lost time and maintain the Schedule.
2 of 2
EXHIBIT B
Cumberland County Recorder of Deed Book W, Volume 33, page 125
Tax Map Parcel Number 38-18-1328-084
I L0375859.1)
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MDE %M A5-ry"day of ?'EI9.??fa4g? y in the year of our Lord one t xxwand nine
hundred eighty-nine (1989).
BL''IW" NII' N114rTY-NINE, 'W- (fornerly Perutsy Supply, Inc.), a Pennsylvania business
corporation, of the City of Harrisburg, Dauphin County, Pennsylvania,
hereinafter called (cantor,
and
SUTLIFF ENTERPRISES, INC., a Pennsylvania corporation, of the City of
Harrisburg, Dauphin County, Pennsylvania, hereinafter called Grantee,
W'11WESSE`rlf, that the said rrantor, for and in consideration of the suu of Five Hundred
Fifty Thousand ($550,000.00) Dollars, lawful nnney of the United States of Avnerica,
unto it well and truly paid by the said Grantee, at and before the sealing and delivery
of these presents, the receipt whereof is hereby acknowledged, has granted, bargained,
sold, aliened, enfeoffed, released and confirmed, and by these presents does grant,
bargain, sell, alien, enfeoff, release and convey and confirm unto the Grantee, its
successors and assigns,
ALL THAT CERTAIN tract or parcel of real estate situate in Silver
Spring 71ownship, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows:
BEGINNING at a point on the northern legal right-of-way line of
Carlisle Pike (L.R. 34) at the southeast corner of lands now or formerly o
of Lowe's Lumber; thence along the northern legal right-of-way line aiQ c m
Carlisle Pike (L.R. 34) South 88 degrees 22 minutes 15 seconds Nest urn o
distance of 270.39 feet to a-point at the southeast corner of lot No. 40 o 0
on the hereinafter described Limited Final Subdivision Plan; thence rzm
v o
the eastern line of said Lot No. 1 North 01 degree 37 minutes 45 se n T r^ '
West a distance of 361.00 feet to a point on the southern line of said
" e
lot No. 1; thence along the southern line of said Lot No. 1 North 72z U
rno
K O n
cn N 1
m
a-j2,iW33 rR 125
'OMMOWAfEALTH Or °EWWWANIA
DEPARTMENT OF RF.VrNJc
'' wh,t>KFP M4928'19 ?" T•i'? 1 10 Q. 0 01
m Tqy
degrees 05 minutes 49 seconds East a distance of 281.bS4 eef a point
at the northwest corner of lands now or formerly of Love's Umber; thence
along the western line of lands now or formerly of Low's Idmlber South 01
degree 37 minutes 45 seconds East a distance of 439.98 feet to a point on
the northern legal right-of-way line of Carlisle Pike (L.R. 34) to the
point and place of BEGINNING.
WHINING 2.4861 acres.
BEING Lot No. 4, Limited Final Subdivision Plan of Three Lots for
Nine Ninety-Nine, Inc., .dated September 26, 1986, last revised November
26, 1986, recorded in the office of the Recorder of Deeds of Cumberland
County in Plan Book 55, Page 11.
BEING ALL OF Tract No. 1 which Robert H. Hum a, Norman Sheesley and
Earl V. Compton, Liquidating Trustees, et al by their Deed dated August.
9, 1961 and recorded in the Office of the Recorder of Deeds of Cumberland
County in Deed Book H, Volume 20, Page 692, granted and conveyed unto
Penny Supply, Inc. now Nine Ninety-Nine, Inc. Penny Supply, Inc.
changed its name pursuant to Certificate of Amendment, dated January 4,
1982 (81-84-758-760) to Nine Ninety-Nine, Inc.
UNDER AND SUBJECT to restrictions, reservations and easements of
records, including, but not limited to, building set back lines and other
conditions as shown on the above described Limited Final Subdivision
Plan.
M HAVE AND `In HOLD the said lot or piece of ground above described, with the
buildings and inprovements thereon erected, hereditaments and premises hereby granted
or wntioned, and intended so to be, with the appurtenances, unto the said Grantee, its
successors and assigns, to and for the only proper use and behoof of t_he said Grantee,
its successors and assigns.
And the said Grantor hereby covenants and agrees that it will warrant specially the
property hereby conveyed.
K01( t'?3 PACE IM
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IN WITNESS WHEREOF, the said Grantor has caused this Indenture to be signed in its
corporate name by its President or Vice-President, and has caused to be affixed
hereunto the conam and corporate. seal of the said corporation, attested by its
Secretary, the day and year first above written.
NINE NINETY-NINE, INC. tips .r; A•,
.
Bys
._'. r )a
(Vice) President
C
•
ATrES'E`:
II _ 4
11(Ass4t t Secretary
J ? g
r II .r S-
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'' COMN.Or +En.;Tt! n' n NY!VAMIA"
77
m Tp < MAR: 9.99 \"+Ek% i s f a. it 0
° COMMONMEAUH O^ PENNISYLVAN A
• ' DI:PAi! MENT U= i i yF,"P 1
9.,X MARZ 9199 U. o 0
9Q6rf" PAGE IV.
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COMMCY '•OMMONWEALTH OF P:PINS',L'W NiA
^ Ot:PMM'Ot VWEALTI! c, OF PEt4NSYiVANIA _7. DEPAR(MEt,i OF
JT OF RZVENN:1:
IRny$iEp lr t?1 f e 0 Q. 0 C l ='" I,, MAR: a•as l-g s.+;? ! s o U. C. 0
COMA ONWEAM OF PESY6MWIA
: ssz
O(XJNI Y OF •
On this the f S day of I ^,a "vim , 1989, before me, the
undersigned officer, personally appoai'ed wv ., .. - .^ .. who acknowledged
himself to be the (Vice) President of NIM HIMM-NIM, i3c., a corporation, and that
he as such (Vice) President, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name of the corporation by
himself as (Vice) President.
In witness whereof, I hereunto set my hard and official seal 4. .• ti'I ?'••.?4.
DIAYME LEW WrARY PDELIL •..1..,,L',
Lf.M7YME SM. 0"ERLA'ta CO.
C EFW KATE OF RESIDE NM
I do hereby certify that the precise residence and cmplete post office address of
the within named Grantees is: 6c,-tl' G ChevrOle_} 13+h + { {on 61reei,,
Harr"sburd,PA I-TILS
Attorney for
CX WEAIlIH OF PEaII6%VANIA
ss: ; ..•.5,
i.
OOIJATPY OF CCII?ER[,AGID •r?a'C-w
RECORDED on this D9 day of - M, A
r's Office of the said County, in Deed Hoolc?h
Given under my hand and the seal of the said office,?the'4
eooc64J33 P*E 128
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yr
;Ilk
1.i2 Fl' ip the
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ge
is ?6ve• 3?r3tten.
Recorder.
•
EXHIBIT C
FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S
INTENTION TO FILE MECHANICS' LIEN CLAIM
AND PROOF OF SERVICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NICHOLAS EVANOFF COMPANY, )
Claimant/Subcontractor, )
V. )
SUTLIFF ENTERPRISES, INC., )
Respondent/Owner. )
VIA U.S. MAIL & CERTIFIED MAIL
RETURN RECEIPT REQUESTED
FORMAL NOTICE TO OWNER OF SUBCONTRACTOR'S
INTENTION TO FILE MECHANICS' LIEN CLAIM
To: Sutliff Enterprises, Inc.
802 South 16th Street
Harrisburg, PA 17104
KINDLY TAKE NOTICE that Nicholas Evanoff Company ("Company") intends to file a
'.Mechanics' Lien Claim against the property described in Paragraph 6 below, unless it receives
the amounts due and owing to Company within thirty (30) days after service of this Formal
Notice. In accordance with Section 501 of the Mechanics" Lien Law of 1963. Act of August 24,
106'1. P.L. 1175. No. 497, as amended. 49 P.S. §1501. the following information is provided:
1. The name of the party claimant is Nicholas Evanoff Company and its principal
place of business is 997 Peiffers Lane, Harrisburg, Dauphin County, Pennsylvania 17111.
2. The name of the entity that Company, the party claimant, entered into a
subcontract agreement with is Mass Construction Group, Inc. (the "Subcontract"), the general
contractor, and its principal place of business is 681 Knight Road, Harrisburg, Dauphin County,
Pennsylvania 17111.
3. The general nature and character of the labor and materials furnished by Company
is set forth in Attachment A of the Subcontract, a true and correct copy of which is attached
hereto and incorporated herein as Exhibit A. The Subcontract value is $30,000.00.
4. The amount presently claimed to be due to Company is $30,000.00, exclusive of
interest, penalty interest and attorneys' fees.
5. The work for which Company intends to file a Mechanics' Lien Claim was last
performed/completed on December 8, 2008. Company has fully completed and invoiced the
work represented by the outstanding amount.
(L0375859. 1)
6. The property which will be subject to Company's Mechanics' Lien Claim is
identified as 6462 Carlisle Pike, Mechanicsburg, PA 17055, as set forth in Tax Map Parcel
Number 38-18-1328-084 and Deed Book W, Volume 33, page 125 as maintained by the
Cumberland County Recorder of Deeds. A true and correct description of the property is
attached hereto and incorporated herein as Exhibit B.
7. This Formal Notice is intended solely to ensure compliance with Section 501 of
the Mechanics' Lien Law of 1963, 49 P.S. § 1501, and should not be construed as a waiver of any
of the rights or remedies provided thereby.
WHEREFORE, FORMAL NOTICE is hereby given, according to law, that Nicholas
Evanoff Company intends to file a Mechanics' Lien Claim against the referenced property at the
expiration of thirty (30) days after service of this Formal Notice upon the Owner, Sutliff
Enterprises, Inc., if the amount stated herein is not paid.
Respectfully submitted,
Dated: April 22, 2009c' _--?-
Nicholas Evanoff
Owner
Nicholas Evanoff Company
997 Peiffers Lane
Harrisburg. PA 17111
cc: Mass Construction Group, Inc.
681 Knight Road
Harrisburg, Pennsylvania 17111
(1-0375859.1)
Exhibit A
ATTACHMENT "A"
SUTLUT CADILLAC - ADDITION
SCOPE OF WORK
ROOFING
Unl s otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and
supervision required to perform the ROOFING work for this project in accordance with the Drawings and Specifications
and all applicable odes. The majority of the Scope of Work is described below; however, the Subcontractor shall be
resp
onsible for all Contract Documents to the extent they apply to this work or require coordination or information from
this Subcontractor.
This Scope of Work includes, but is not limited to the following:
I . enerally, the work will consist of performing all ROOFING work as described on the Drawings and as required to
rovide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools,
uipment and materials necessary to properly perform the work.
2. Work will be performed in accordance with the Construction Schedule; however, not all work can be performed
iimultaneously or uninterrupted. Portions of the work will be phased to accommodate the operational schedule of the
Facility. Manpower and materials must be scheduled accordingly.
3. oordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this
ubcontractor or any trade do not occur.
ubcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and / or
:placement of same, if such damage occurs.
work generally includes equipment, labor and material for the following:
At existing EPDM roof as shown on drawing A3.2 Section C, remove existing roof materials as needed for the
installation of reinforcement steel onto existing steel beam.
Provide for a minimum overlap of twenty four (24") inches between existing and new roof. Supply continuous
expansion joint and tapered roof insulation as shown on drawing A3.2 Section C. at existing and new roof.
Supply and install tapered insulation as shown on Drawing A3.2 with gravel stop.
Supply and install new protection board protection (board will be installed, only if required by roofing
manufacturer), rigid insulation and EPDM roofing system at new roof areas as indicated on plans. Roof insulation
shall be a minimum of 4 inches thick "polyisocyanurate insulation"
Comply with manufacturer's details and requirements for all applicable conditions at tie-ins to existing structures,
penetrations, curbs and edge conditions to ensure a complete and warranted roof system.
New roof expansion joint assemblies and associated components at existing and new roof edges.
Supply and install new roof edge copings to match existing, metal fleshings and gravel stops, all based on
manufacturer's standard colors. (all flashing and coping to conform to IBC uplift standards)
Install new roofing and flashings where existing rooftop-mounted HVAC equipment is to be removed, and install
new roofing and flashings at new roof curbs and penetrations for new and salvaged rooftop-mounted HVAC
equipment, all in accordance with manufacturer's standard details and instructions.
Supply and install insulation in such a manner as to create crickets as indicated on plan.
Supply and install fleshings for roof drains as indicated on plans
Installation methods and details, and insulation and accessories shall be per manufacturers' requirements to meet
warranty standards. Arrange for and coordinate inspection of roof installation by manufacturer to meet warranty
requirements.
1 of 2
6. Work (shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site
Superintendent.
7. i
8.
9.
10.
Subcontractor will not be responsible for building permits, but will be responsible for any required over the road or
related permits and adhering to all applicable Township requirements.
Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide
own means of power (generators, etc.).
Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power
are not available or are temporarily unavailable.
Subcontractor shall perform daily clean-up of own general waste, debris and related items.
11. Subcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set
forth by OSHA and Mass Construction Group, Inc.
12. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of
coordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall
provide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor
does not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the
Subcontractor's expense, to make up for lost time and maintain the Schedule.
2 of 2
EXHIBIT B
Cumberland County Recorder of Deed Book W, Volume 33, page 125
Tax Map Parcel Number 38-18-1328-084
{ L0375859, 1)
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Cunt. Ca. Pa.
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Cumb. CO- 013L COL AOL A,
SdW Dint. Cum6. Ca, Pe.
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CUMkCL Ciw. C8LA~
day
WOE THE /S r1A of ?E/9R ?R y in the year of our Lard one thousand nine
hundred eighty-nine (1989).
MWEEN NIM NINVIT-NIM, ITC. (fonrerly Pennsy Supply, Inc.), a Pennsylvania business
corporation, of the City of Harrisburg, Dauphin County, Pennsylvania,
hereinafter called Grantor,
and
SUTLIFF ENTERPRISES, INC., a Pennsylvania corporation, of the City of
Harrisburg, Dauphin County, Pennsylvania, hereinafter called Grantee,
jS119WESSE17i, that the said Grantor, for and in consideration of the sum of Five Hundred
Fifty Thousand ($550,000.00) Dollars, lawful nnney of the United States of America,
unto it well and truly paid by the said Grantee, at and before the sealing and delivery
of these presents, the receipt whereof is hereby acknowledged, has granted, bargained,
sold, aliened, enfeoffed, released and confirmed, and by these presents does grant,
bargain, sell, alien, enfeoff, release and convey and confirm unto the Grantee, its
successors and assigns,
ALL THAT CERTAIN tract or parcel of real estate situate in Silver
Spring 71ownship, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows:
BEGINNING at a point on the northern legal right=of-way line of
Carlisle Pike (L.R. 34) at the southeast corner of lands now or formerly
of Lowe's Luber; thence along the northern legal right-of-xay line ofo ? m
Carlisle Pike (L.R. 34) South 88 degrees 22 minutes 15 seconds West ,; m u
distance of 270.39 feet to a point at the southeast corner of Lot No.
on the hereinafter described Limited Final Subdivision Plan; thence alonngg.++ c 0
the eastern line of said Lot No. 1 North 01 degres 37 minutes 45 secad?° c
West a distance of 361.00 feet to a point on the southern line o£ said '°
Lot No. 1; thence a 00,
.long the southern line of said Ire No. 1 North .
72s 13 a o
=4 m o
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fJ? ? N S
021sAJ33 NE 125 M
- 'OMMON'.NEAVH OP PENN;TLV.1N1A
_ DEPARfMENt Of RFV.F^!.Ic =
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degrees 05 minutes 49 seconds But a distance of 281.6 -f&k-to a point
at the northmt comm of lands now or formerly of Lme's Lumber; thence
along the western line of lands now or formerly of Lam's lumber South 01
degree 37 minutes 45 seconds East a distance of 439.98 feet to a point on
the northern legal right-of-way line of Carlisle Pike (L.R. 34) to the
point and place of BEGINNING.
CONTAINING 2.4861 acres.
BEING Lot No. 4, Limited Final Subdivision Plan of Ttiee Lots for
Nine Ninety-Nine, Inc., dated September 26, 1986, last revised November
26, 1986, recorded in the Office of the Recorder of Deeds of Cumberland
County in Plan Book 55, Page 11.
BEING ALT, OF Tract No. 1 which Robert M. Mumma, Noonan Sheesley and
Earl V. Compton, Liquidating Trustees, at al by their Deed dated August.
9, 1961 and recorded in the Office of the Recorder of Deeds of Cumberland
County in Deed Book H, Volume 20, Page 692, granted and conveyed unto
Penny Supply, Inc. now Nine Ninety-Nine, Inc. Penny Supply, Inc.
changed its none pursuant to Certificate of Amendment, dated January 4,
1982 (81-84-758-760) to Nine Ninety-Nine, Inc.
UNDER AND SUBJECT to restrictions, reservations and easenents of
records, including, but not limited to, building set back lines and other
conditions as shown on the above described Limited Final Subdivision
Plan.
To HAVE AND TO HOLD the said lot or piece of ground above described, with the
buildings and impmvenents thereon erected, hereditaments and premises hereby granted
or mentioned, and intended so to be, with the appurtenances, unto the said Grantee, its
successors and assigns, to and for the only proper use and behoof of the said Grantee,
its successors and assigns.
And the said Grantor hereby covenants and agrees that it will warrant specially the
property hereby conveyed.
gobk 3 PACE M
.a ??•?.:.LD N.LR: 1\•?.4y'•a.?i,? g J 4'89 v. :) 1)
IN WrIMS,g MW", the said Grantor has caused this Irdentme to be signed in its
corporate name by its President or Vice-President, and has caused to be affixed
hereunto the ca am and corporate seal of the said corporation, attested by its
Secretary, the day and year first above written.
NIM NINEM-NINE, U C.
ti?'g •r ; ?', •.
Byr
(Vice) President "•>,?y7
hn.
ATTEST;
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J& Ll
(Ass4tW? Secretary -
I. .'?? _ COMM.Orv?YEl,;Ti! .16 PnP1N?Yi.VAPfa
m Tn]r NAR:9'B9 \"'L"?? I J l! U. )) Q
° COMMONWEA{.Tli n' r
• ` DEPAU..MENT `'1 r•1 i^.Jt•i:iYLVA1JiA •_
i
r.tx MAR27'b `?Y?) i S f! U, fi UI'
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IIIL'L'1?1?;. I
I
COMMONWEALTH OF PEFJ?!$Y!VANIA COMMOtiWEA.7F! OF PCldtd57,YANiA
keYE.";: ii
OEPAR(M.ENT OF DEDAR(A. hf OF
IR \NiiED 1?t?;h, t I::h1:3FEP (hj`?•t ?1
NAm; 9'19 \?tiv•?) i Q O O. 00i: Ih,v, NRR: R'9! I(f J 0 u. l V i _ _
In Y,
COMMONWEALTH O PENNSYLVANIA
i ssi
OXWY OF CN v. ? .
On this, the f.SAV% day of 1989, before me, the
undersigned officer, personally appeared -%? who acknowledged
himself to be the (Vice) President of NIM MNEw-MM, INC., a coorrporation, and that
he as such (Vice) President, being authorized to do so, executed the foregoing
instnmEent for the purposes therein contained by signing the name of the corporation by ill
hiInself as (Vice) President.
In witness whereof, I hereunto set m7 hand and official seal. S?%'....
.
K .h
? ? .(SEAL 1 ?: I
LOTRRIRI SFAE
DIW CE9IG. W RAY
PUmL1L . } ;,.j'?Il ?T
LflUYNE mORG. Q69ERUEYO GD.
C FICATE OF RESIDENCE
I do hereby certify that the precise residence and ccnplete pest office address of
the within named Grantees is: 6c#-tl'S CheurOle-t I + 4?lr1On ' rc-ci-s
HarrtSbckr? IPA t-7ItcxS
Attorney for
COMMONWEALTH OF PENNSYLVANIA : _• '.,;
as: r ..
r...iSI ^l.. l?yOOUNrY OF CUMBE 2LtA I i r .Ci s NA,
It,
39 day ofMc:.?t.:t?
RECORDED on this ? `? ,? ,A,t;??l? ,•• lp the
'f'e? Comer's Office of the said County, in Deed t1.? •••' tR?:,? Page
Given under my hared and the seal of the said Office, 'the'*d?t?".?e•?3r3'tten.
Recorder.
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F??c?S"Ly??di
Sheriffs Office of Cumberland County
R Thomas Kline P at R-Umber zuwwu L awlvivp
ff Solicitor
Sheri
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE T ',E s4ERIFF Civil Process Sergeant
Nicholas Evanoff Company Case Number
vs. 2009-3732 MLD
Sutliff Enterprises, Inc.
SHERIFF'S RETURN OF SERVICE
06/24/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Sutliff Enterprises, Inc., but was unable to locate them in
his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Mechanics'
Lien Claim according to law.
06/25/2009 09:35 AM - Dauphin County Return: And now June 25, 2009 at 0935 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Mechanics Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known
unto Jeff Miller, adult in charge at 13th & Paxton Streets Harrisburg, PA 17104 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
June 29, 2009
C=
0 U
o
.o -n
-V or c_,.
E
rnm
F> ? t
?
O
W
?tuo 01 the ?$heriff
Ma%Jane Snyder
R Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph-(117)780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
NICHOLAS EVANOFF COMPANY
VS
SUTLIFF ENTERPRISES INC.
Sheriff s Return
No. 2009-T-1790
OTHER COUNTY NO.093732MLD
And now: JUNE 25, 2009 at 9:35:00 AM served the within MECHANICS LIEN CLAIM upon
SUTLIFF ENTERPRISES INC. by personally handing to JEFF MILLER 1 true attested copy of the
original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 13TH &
PAXTON STREETS HBG PA 17104
SALES MANAGER
Sworn and subscribed to
before me this 25TH day of June, 2009
So Answers,
? lez?7?
AA?w
NOTARIAL SEAL
RY JANE SNYDER, Notary Publi
Highspire, Dauphin County
Fm,y Commission Expires Sept 1 2010
Sheriff o7Dhin County, Pot.
By
Deputy ARM"
Deputy: B HUNTER
Sheriffs Costs: $41.25 6/24/2009
Gary L. Rothschild, Esquire Attorney for Claimant, Nicholas Evanoff Company
PA Supr. Ct. I.D. No.: 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(Tele. (717) 540-3510
Fax. (717) 540-3512
Glrothlaw~?a,comcast.net
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
r>
.~
~.-V ~ ~ Rj
--„
NICHOLAS EVANOFF COMPANY, ''F , c~ ~; ~ :;:,_
Claimant o ~,
v. ~
Civil Action No: 09-3732 MLD ~ -
SUTLIFF ENTERPRISES, INC. ~~ ~ _~-~
Owner or Reputed Owner.
PRAECIPE FOR ENTRY OF ORDER TO SATISFY MECHANIC'S LIEN CLAIM
TO THE OFFICE OF THE PROTHONOTARY:
Kindly mark the above-captioned matter Satisfied and Discontinued with Prejudice.
Respectfully submitted,
7
Date: Zo Ze/d By:
Gary L. thschild, Esquire
Attorney for Claimant, Nicholas Evanoff Company
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