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HomeMy WebLinkAbout09-4187IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEWS BROTHERS CONCRETE CONSTRUCTION, LLC No. Oa - N 181 SAL b Claimant VS. DAVID W. WIBIRT Owner MECHANICS' LIEN CLAIM Claimant, MATTHEWS BROTHERS CONCRETE CONSTRUCTION, LLC, through its counsel, Blakey, Yost, Bupp & Rausch, LLP, files this claim against the improvements and property at 50 Foxhanna Drive, Carlisle, Silver Springs Township, Cumberland County, Pennsylvania, 17015 for the payment of a debt due to Claimant, as subcontractor to St. Louis Construction Service, for labor and materials furnished by Claimant in improving Owner's said property. In support of the claim, the Claimant makes the following statement: 1. The Owner of the property is David W. Wibirt, an adult individual with a residence located at 50 Foxhanna Drive, Carlisle, PA 17015. 2. The materials which are the subject of this claim were provided by Claimant to or on behalf of the Owner with respect to concrete work on the property located at 50 Foxhanna Drive, Carlisle, Silver Springs Township, Cumberland County, Pennsylvania, 17015, Tax Parcel No. 38-05-0433-027 (the "Premises"). A legal description of the Premises is attached hereto as "Exhibit A" and incorporated herein by reference. 3. The materials for which the debt is due were furnished for a sum of Four thousand seventy-four and 501100 Dollars ($4,874.50). 4. The materials for which the debt is due are specifically described in the Invoices, a copy of which are attached hereto as "Exhibit B" and incorporated herein by reference. 5. The Claimant last supplied materials for work on the Premises on or about February 9, 2009, which is less than six (6) months before the filing of this claim. 6. Claimant submitted invoices to Owner for the amount claimed herein, but has not received any payments on account thereof. 7. Claimant served upon Owner, via certified mail, its Formal Notice of Intention to File Mechanic's Lien Claim on March 16, 2009, a copy of which is attached hereto as "Exhibit C" and incorporated herein by reference. WHEREFORE, Claimant claims a Mechanics' Lien against the within-described Premises in the amount of Four thousand seventy-four and 501100 Dollars ($4,874.50), in accordance with 49 P. S. §1101 et. seq. BLAKEY, YOST, BUPP-&R_AUSCH, LLP By: John J. BaranWi Jr., squii I.D. # 82585 ibaranskikblakeyyost com Carolyn J. Pugh, Esquire I.D. # 200972 coughkblakeyyost.com Attorneys for Claimant 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax (717) 854-7839 f'k " bi ? ? FRC1' 1 : CUMBERLPHD FA;<' tJO. :7172459661 ?-? I'ltt?PARED BY, RPAT..TY S.EVI*1.Lh1L,'N'r SERVICES, iNC. V? R FT1!RN TO- REALTY SET1'LBMENI SLi1ZVICES, INC. 1--5 0 LITII'% 11IKl I.ANCASTER, PA 17601 PARCEL ID 4. 18-0, -fr4.11-027 Mar. 15 2009 01:28PrI P1 Lam? ?%''? l?l °??l p r Cl ,???1 ? IC?Jl c4 /1.. 0al?e?IF?IVI? U RS# 50001 THIS DEED made the 18th day of FEBRUARY, 2009 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 numbor) WITNESSETH, that the said GRANTOR for and in consideration of the sum of """""'-(S 100) .."""""' paid by the said GRANTEE to the said GRANTOR; at and before tho signing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, hnrgained, 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" at,zched hereto and incorporated herein by reference; TOGETHER with all buildings, improvements, woods, ways, rights, liherties, privileges, hereditantents and appurtenances, to the same belonging, or in any wise appertaining, and any reversions, remainders, rent,, 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, possecssion, clairr, end demand wratsoever, both in law and equity, of the Grantor ot, in and to the same. TO HAVE AND TO HOLD thr-, sarne premises, and the appurtenances, hereby granted to Grantee and Grantee's heirs, successors and assigns, to and for the only proper use, henefit 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", it any, AND the .sald Grantor hereby covenants and agrees that Grantor will warrant speclally the property hereby conveyoc. (/16;2003 2,0;;40 ?M CUMEERLANI7 COUNTY Parle 7 ROri :C-I1BERLRID FR; HO. :7172459661 Mar. 16 X009 ©1:29Ph1 P2 EXHIBIT 'A' 50 FOXANNA DRIVE rR SPRING TOWNSHIP CUNIBERLAND COUNTY, PA Al 1, THAI' CERTAIN tract of land situate on the East side of Foxanna Drive in the Township of Silver Spring, County of Cumberland and State of Pennsvlvania, bounded and described as follows, to Nvit: BEGINNING at the Northwest corner of land of Charles E. Wenger and wife, in the center lime of ruximna 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, t%vo 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 forte-nine and eight tenths (240.8) leet; south 36 degrees 23 minutes 40 seconds East, fifth'-four and eighty-five hundredths (54.85) feet; south 44 degrees 54 minutes 30 seconds I?ast, forty-six and seventy-eight hundredths (46.78) feet; and South 54 degrees 37 minutes cast, forty-eight and fifty-one hundredths (48.51) feet to a point at the place of BEGINNYNG BEING Lot Number 1 in the Final Subdivision Plan of Tract Number 3 of the Susan R. Joann Estate, as recorded in the Recorder's Office in and for Cumberland County, Pennsvlvr?nia, in Plan Rool:34, page 91. BEING TfIF SAME PREMISES which Edward F. Harry and Jessica S. «'euger, by deed dated November 24, 2008 and recorded December 4, 2008, in the Recorder of Decds Office in and for Cumberland County, PA in Instrument No. 200833338, granted and conveyed unto Jessica S. Wenger, a single individual. Tax Map No. 38-05-0433-027 )3/",612009 2.02 40 PIA CUMF3ERLAND COUNTY Inst.# 200905997 Ib CI>A , Matthews Bros. Concrete 5669 York Road Spring Grove, Pa. 17362 Phone #717-225-1216 Fax#717-225-1217 Bill To St. Loius Construction 501 Windy Hill Rd. Lot 117 Shermansdale, Pa. 17090 Invoice Date Invoice # 2/9/2009 1906 P.O. No. Terms Project Net 30 Description Qty Rate Amount Attn: Chris Concrete Garage Floor: Place & Finish Only Extra man hours due to contractors not having job ready when crew of guys pulled up. 1,300 30 0.00 0.89 60.00 0.00 1,157.00 1,800.00 Total $2,957.00 Payments/Credits $0.00 Balance Due $2 957.00 c Web Site www.matthewsbrothersconcrete.com Matthews Bros. Concrete 5669 York Road Spring Grove, Pa. 17362 Phone #717-225-1216 Fax#717-225-1217 Bill To St. Loius Construction 501 Windy Hill Rd. Lot 117 Shermansdale, Pa. 17090 Invoice Date Invoice # 1/22/2009 1895 P.O. No. Terms Project Net 30 Description Qty Rate Amount Attn: Chris St Louis 0.00 Job: 50 Fox Hanna Dr. 0.00 Concrete Floor: Poured & Finished 1,750 0.89 1,557.50 Extra Hours Due To Winter Concrete (Note: 3 Men On Floor For 6 60.00 360.00 16hrs) Total $1,917.50 Payments/Credits $0.00 FBalance Due $1,917.50 Web Site www.matthewsbrothersconcrete.com F-"I.", h -i f (-_ Albert G. Blakey Donald B. Hoyt of counsel Charles A. Rausch Bradley J. Leber David Wm. Bu David A. Mills PP John J. Baranski, Jr. Dawn M. Cutaia retired -In Nicole M. Ehrhart Blakey, Yost, Bupp & Rausch, LLP Carolyn J. Pugh Attorneys at Law Donald H. Yost March 16, 2009 CERTIFIED MAIL - RETURN RECEIPT REQUESTED And U.S. FIRST CLASS MAIL Jessica S. Wenger 50 Foxhanna Drive Carlisle, PA 17015 RE: FORMAL NOTICE OF INTENTION TO FILE MECHANIC'S LIEN CLAIM PURSUANT TO 49 Pa.C.S.A.1501(b) Project Address: 50 Foxhanna Drive Carlisle, PA 17015 To: Ms. Wenger: We represent Matthews Brothers Concrete Construction, LLC. My client is a subcontractor to St. Louis Construction Service, which performed work at your property located at 50 Foxhanna Drive, Carlisle, Pa 17015. This will serve as the Formal Notice of Intention to File Mechanic's Lien Claim Pursuant to 49 Pa.C.S.A. 1501(b). (l) Name of claimant - Matthews Brothers Concrete Construction, LLC (2) Name of contractor - St. Louis Construction Service (3) Amount due - $4874.50, together with lawful interest thereon (4) Materials and labor furnished for concrete work (5) Work was completed on February 9, 2009 (6) Brief description of the property claimed to be subject to the lien - 50 Foxhanna Drive, Carlisle, Silver Springs Township, Cumberland County, Pennsylvania 17015 Tax Parcel No. 38-05-0433-027 17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839 Visit our website at www.blakeyyost.com March 16, 2009 Page 2 Please be advised that if payment of the subject claim is not made in full prior to the expiration of thirty (30) days after service of this notice, we intend to file a Mechanic's Lien Claim against the real estate for the stated amount. ery Pahski, Jr. .EY, YOST, BUPP & BAUSCH, LLP Cc: Matthews Brothers Concrete Construction, LLC f ( }j1 !A ?rL" 1-r1 >`? 5f ' it7.` V r f.?x' E. F JF.L?,n ?L 1. X'1 W A F ?V',_ I ( z .s U U f Postage 7 7 Certified Fee 7 Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsement Required) l Total Postage & Fees l ent To Str Apt. No.; --- -- or Box No. ..... ------ - - --------------- !?f City, State, ZIPt n ' ! ??' ------ / / Albert G. Blakey Donald B. Hoyt of counsel Charles A. Rausch Bradley J. Leber David Wm. Bu David A. Mills pP John J. Baranski, Jr. Dawn M. Cutaia WaR retired Nicole M. Ehrhart Blakey, Yost, Bupp & Rausch, LLP Carolyn J. Pugh Attorneys at Law Donald H. Yost March 16, 2009 CERTIFIED MAIL - RETURN RECEIPT REQUESTED And U.S. FIRST CLASS MAIL David W. Wibirt 50 Foxhanna Drive Carlisle, PA 17015 RE: FORMAL NOTICE OF INTENTION TO FILE MECHANIC'S LIEN CLAIM PURSUANT TO 49 Pa.C.S.A.1501(b) Project Address: 50 Foxhanna Drive Carlisle, PA 17015 To Mr. Wibirt: We represent Matthews Brothers Concrete Construction, LLC. My client is a subcontractor to St. Louis Construction Service, which performed work at your property located at 50 Foxhanna Drive, Carlisle, Pa 17015. This will serve as the Formal Notice of Intention to File Mechanic's Lien Claim Pursuant to 49 Pa.C.S.A. 1501(b). (1) Name of claimant - Matthews Brothers Concrete Construction, LLC (2) Name of contractor - St. Louis Construction Service (3) Amount due - $4874.50, together with lawful interest thereon (4) Materials and labor furnished for concrete work (5) Work was completed on February 9, 2009 (6) Brief description of the property claimed to be subject to the lien - 50 Foxhanna Drive, Carlisle, Silver Springs Township, Cumberland County, Pennsylvania 17015 Tax Parcel No. 38-05-0433-027 17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839 Visit our website at www.blakeyyost.com March 16, 2009 Page 2 Please be advised that if payment of the subject claim is not made in full prior to the expiration of thirty (30) days after service of this notice, we intend to file a Mechanic's Lien Claim against the real estate for the stated amount. BLAKEY, YOST, BUPP & RAUSCH, LLP Cc: Matthews Brothers Concrete Construction, LLC t L ( .;..:1 LVI N ru M Postage $ ° Certified Fee ° ostmar 0 Return Receipt Fee Here (Endorsement Required) ° Restricted Delivery Fee r' - (Endorsement Required) Ir) RJ Total Postage & Fees tr7 S ' O ? r-JI ----- -- -bYrWi Apt. No.; or PO Sox No. -C,--ry--, -S- - -,---+- z?4 ?,g 17?? l 5 ^P 7;. r ...??V W-00 PO ATN RTt aalo q 70 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEWS BROTHERS CONCRETE CONSTRUCTION, LLC No. 09-41.87 MLD Claimant VS. DAVID W. WIBIRT Owner PRAECIPE TO THE PROTHONOTARY: Please insert the attached page in exchange for the second page of the Mechanics' Lien Claim filed June 19, 2009, in the above case. BLAKEY, YOST, BUPP & RAUSCH, LLP ?I By: John J. Barans ., Afiqu I.D. # 82585 j baranski (&blakeyyost.com Carolyn J. Pugh, Esquire I.D. # 200972 cpugh(j'ablakeyyost.com Attorneys for Claimant 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax (717) 854-7839 3. The materials for which the debt is due were furnished for a sum of Four Thousand Eight Hundred Seventy-four and 501100 Dollars ($4,874.50). 4. The materials for which the debt is due are specifically described in the Invoices, a copy of which are attached hereto as "Exhibit B" and incorporated herein by reference. 5. The Claimant last supplied materials for work on the; Premises on or about February 9, 2009, which is less than six (6) months before the filing of this claim. 6. Claimant submitted invoices to Owner for the amount claimed herein, but has not received any payments on account thereof. 7. Claimant served upon Owner, via certified mail, its Formal Notice of Intention to File Mechanic's Lien Claim on March 16, 2009, a copy of which is attached hereto as "Exhibit C" and incorporated herein by reference. WHEREFORE, Claimant claims a Mechanics' Lien against the within-described Premises in the amount of Four Thousand Eight Hundred Seventy-four and 501100 Dollars ($4,874.50), in accordance with 49 P.S. § 1101 et. seq. BLAKEY, YOST, BUPP & RAUSCH, LLP By: John J. Barans J ., qui I.D. # 82585 j baran ski Ablakeyyost. com_ Carolyn J. Pugh, Esquire I.D. # 200972 cpugh(&blakeyyost. com Attorneys for Claimant 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax (717) 854-7839 2099 JUL -- I AM 9" 5'3 ,way 4 t ?.? Albert G. Blakey Donald B. Hoyt Charles A. Rausch Bradley J. Leber David A. Mills John J. Baranski, Jr. Nicole M. Ehrhart Carolyn J. Pugh Blakey, Yost, Bupp & Rausch, LLP Attorneys at Law June 24, 2009 Prothonotary's Office Attention: Laura Cumberland County Court House One Court House Square Carlisle, PA 17013-3387 Re: Matthews Brothers Concrete v. David W. Wibirt No. 09-4187-MLD Dear Laura: David Wm. Bupp retired Donald H. Yost Supplementing our telephone conversation today, I enclose a Praecipe to exchange the second page of the Mechanics' Lien Claim. You will note in Paragraph 3 and in the last paragraph the amount was spelled out incorrectly, however the figures in parentheses were correct. The page we are asking you to insert has the amount spelled out correctly. Inasmuch as the Claim has not been served, I am hoping we can correct the error in this manner. Please advise if we must do anything different. I can be reached by telephone or by e-mail at ndoll(a,blakeyyost.com. Thank you. `2a.?oll, 'yours \ Para ega - EY, YOST, BUPP & RAUSH, LLP ND: s Enclosure: 17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839 d.a? L f 5 «" of counsel yq(- Visit our website at www.blakeyyost.com