HomeMy WebLinkAbout09-4469a/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KINSLEY CONSTRUCTION, INC.,
Claimant
V.
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP and its
General Partner,
SILVER CREEK DEVELOPMENT
COMPANY, INC.,
Owner or
Reputed Owner
No. 11-t/l/ 1 f /0t _6
MECHANICS' LIEN CLAIM
Kinsley Construction, Inc., by and through its undersigned counsel, files the following
Mechanics' Lien Claim:
1. The Claimant is Kinsley Construction, Inc., a Pennsylvania corporation which has
its principal office at 2700 Water Street, York, York County, Pennsylvania 17403. Claimant
files this claim as a Subcontractor.
2. The Owner or Reputed Owner of the real estate against which this claim is filed is
Silver Creek Development Company Limited Partnership, whose general partner is Silver Creek
Development, Inc., a Pennsylvania corporation, both of which have an office and place of
business at 2151 Linglestown Road, Harrisburg, Pennsylvania 17110.
3. The last day Claimant supplied material to the site was January 14, 2009.
4. The party with whom Claimant contracted was Hampton Construction, Limited,
3067 Hartzdale Drive, Camp Hill, Pennsylvania 17011.
5. Formal notice of Claimant's intention to file this Mechanics' Lien Claim was
given to the Owner or Reputed Owner by certified mail on May 1, 2009. A true and correct copy
of the Notice of Intent to file Mechanics' Lien Claim and the Affidavit of Service of the Notice
are attached and made a part hereof as Exhibit A.
6. The material supplied by Claimant was the stone for the installation of water lines
for Creekbend Drive in the development known as Trindle Spring Heights, A Flexible
Townhome Condominium, including Units 61 through 149, Hampden Township, Cumberland
County, Pennsylvania.
The amount claimed to be due is $30,512.15, which represents the sum of
$28,129.88 in principal plus interest accrued since January 14, 2009, as shown on the Interest
Statement attached and made a part hereof as Exhibit B.
8. The real property subject to the lien is situate in Hampden Township, Cumberland
County, Pennsylvania, as shown on the Final Phase 2 Land Development Plan Trindle Spring
Heights, Units 61-149, which Plan was recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on September 25, 2008, to Instrument Number
200832533, also known as Tax Parcel No. 10-18-1325-003 (see Exhibit Q. A metes and bounds
description of the tract is attached and made a part hereof a Exhibit C.
WHEREFORE, Kinsley Construction, Inc., claims to have a lien upon the premises
herein described in the sum of $30,512.15, which represents the principal sum of $28,129.88,
plus accrued interest subsequent to April 29, 2009, plus interest accrued through June 29, 2009,
plus interest as allowed by law and costs of suit.
2640606
BARLEY SNYDER LLC
By:
Paul W. innich
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
717-846-8888
Fax: 717-843-8492
E-Mail: pminnich@barley.com
PA 74453
Attorneys for Claimant
VERIFICATION
I, Jerry L. Caslow, Vice President-Finance, hereby verify that the facts set forth in the
foregoing Mechanics' Lien Claim are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. 54904 relating to unsworn falsification to authorities.
Dated: i v c/ el "(
,Jer , f_.. Caslow
EXHIBIT A
IN THE COURT OF COMMON PLEAS OF CUMBF-,RL,AND_ COUNTY, PENNSYLVANIA
KINSLEY CONS"l'RIJCTION, INC., No.
Claimant
V.
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSIIIP and its
General Partner,
SILVER CREEK DEVELOPMENT
COMPANY, INC.,
Owner or
Reputed Owner
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of York
I, Paul W. Minnich, being duly sworn according to law, depose and state that the Notice
of Intent to File Mechanics' Lien Claim in the above matter was served as follows:
By Certified Mail. delivered May 1, 2009, addressed to:
Silver Creek Development Company Limited Partnership
Suite 300
2151 Linglestown Road
Harrisburg, PA 171 10
Silver Creek Development Company, Inc.
General Partner
2151 Linglestown Road
Harrisburg, PA 171 10
The Notice oil' Intent and return receipt cards evidencing receipt of the Notice are
attached.
Paul .: IWeZ-
Sworn rn and subscribed to
before me this 26th day
of June, 2009.
No ry Public
2640904 90MMONWEALTH OF PENNSYLVANIA
Notarial Seal
Debra D. Bankert Notary Public
City of York, York County
My Commission Expires April 1, 2012
Member, Pennsylvania Assuu«don of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KINSLEY CONSTRUCTION, INC.,
V.
Claimant
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP, and its
General Partner,
SILVER CREEK DEVELOPMENT
COMPANY, INC.
Owner or
Reputed Owner
Mechanics' Lien Claim
NOTICE OF INTENT TO FILE MECHANICS' LIEN CLAIM
To: Silver Creek Development Company Limited Partnership
Suite 300
2151 Linglestown Road
Harrisburg, PA 17110
Silver Creek Development Company, Inc.
General Partner
2151 Linglestown Road
Harrisburg, PA 171 10
Notice is hereby given that Kinsley Construction, Inc., 2700 Water Street, York,
Pennsylvania 17403, contracted with Hampton Construction, Limited, 3067 Hartzdale Drive,
Camp Hill, PA 17011, to provide stone for the installation of water lines for Creekbend Drive in
the development known as Trindle Spring Heights, A Flexible Townhome Condominium,
including Units 61 through 149, located in Hampden Township, Cumberland County,
Pennsylvania.
The last date Kinsley Construction, Inc., delivered material to the site was January 14,
2009.
This will also advise that the sum of $29,513.79, including interest, is presently due and
owing to Kinsley Construction, Inc., for the stone delivered, and it intends to file a mechanics'
lien upon the premises described for this amount.
J . Caslow, Vice President-Finance
Kinsley Construction, Inc.
Date: April 29, 2009
Certified Mail/Return Receipt Requested
Certified Article Number
-'
SENDERS RECORD
Certified Article Number
SENDERS RECORD
Copy to:
Hampton Construction, Limited
3067 Hartzdale Drive
Camp Hill, PA 17011
2594364
7160 3901 9845 0206 9806
TO: Silver Creek Development Company Limited
Partnership
Suite 300
2151 Linglestown Road
Harrisburg, PA 17110
SENDER: Paul W. Minnich, Esquire
REFERENCE: Kinsley Construction, Inc. v.
Bumble Bee
i
PS Form 3800 Jatua 2005
RETURN Postage 42
RECEIPT Certified Fee
SERVICE 2.70
Return Receipt Fee
Restrkted Delivery 2.20
Total Postage & Fees 5.32
US Postal Service POSTMARK OR v
/
Receipt for i
Certified Mail L
No Insurance Coverage Provided Do Not Use fir International Mail
- 14 9 f. 7160 3901 9845 0206 %13
l?
,. , . i.,
TO: Silver Creek Development Company, Inc.
General Partner
2151 Linglestown Road
Harrisburg, PA 17110
SENDER: Paul W. Minnich, Esquire
REFERENCE: Kinsley Construction, Inc. v.
Bumble Bee
RETURN Postage
RECEIPT
SERVICE Certified Fee
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal Service
Receipt for
f Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
POSTMARK OR DATE
t ?1?
----------- ----------
2. Article Number
-- --------------- ------------------ -------
D 3901 9845 132131, 9AnL
Kinsley Construction, Inc. v. Bumble
Bee
Paul W. Minnich, Esquire
2. Article Number
COMPLET'
AReceived by (please
7
fill 11111111111111111111 C.-
7161) 3901 9845 0206 9,813
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Farts Fee)
1. Article Addressed to:
0. Is delivery address gent from item 17
If YES, enter delivery address below:
? Ad*ouee
?l
ONO
Silver Creek Development Company, [1c_ a eren?e n orma ton
General Partner
2151 Linglestown Road
insley Construction, Inc. v. Bumble
Harrisburg, PA 171 10 7PI3.,
ee
ul
W. Minnich, Esquire
PS Form 3811, January 2005
DomesSc Retum Receipt
EXHIBIT B
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EXHIBIT C
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situated in Hampden Township,
Cumberland County, Pennsylvania, lying on the southern side of the Carlisle Pike (S.R. 0011) and lying
approximately between Silver Spring Road and Salem Church Road, being more particularly described as
follows:
BEGINNING at a point in the common boundary line between lands now or formerly of
Trindle Springs, Inc. (Deed Book 274, Page 935), and lands now or formerly of Carlisle Realty LP.
(Deed Book 252, Page 1024), said point being North 00 degrees 12 minutes 15 seconds East, a distance
of 34.74 feet from an iron pin at the southwest corner of the lands now or formerly of Carlisle Realty
LP.; thence through lands now or formerly of Trindle Springs, Inc., the following eighteen (18) courses
and distances: 1) North 89 degrees 47 minutes 45 seconds West, a distance of 108.17 feet; 2) North 55
degrees 00 minutes 00 seconds West, a distance of 142.29 feet; 3) by a curve to the left, with a radius of
205.00 feet, an arc length of 24.45 feet (a chord bearing North 58 degrees 25 minutes 00 seconds West, a
distance of 24.43 feet); 4) North 61 degrees 50 minutes 00 seconds West, a distance of 64.66 feet; 5)
by a curve to the left, with a radius of 90.00 feet, an are length of 112.20 feet, (a chord bearing North 70
degrees 15 minutes 10 seconds West, a distance of 105.08 feet); 6) North 69 degrees 45 minutes 45
seconds West, a distance of 26.20 feet; 7) North 83 degrees 34 minutes 00 seconds West, a distance of
249..01 feet; 8) South 66 degrees 35 minutes 55 seconds West, a distance of 71.94 feet; 9) South 25
degrees 41 minutes 15 seconds West, a distance of 70.88 feet; 10) South 02 degrees 00 minutes 00
seconds East, a distance of 259.26 feet, 11) south 40 degrees 30 minutes 00 seconds East, a distance of
79.21 feet; 12) South 49 degrees 30 minutes 00 seconds West, a distance of 71.25 feet; 13) South 40
degrees 30 minutes 00 seconds East, a distance of 50.00 feet; 14) South 49 degrees 30 minutes 00
seconds West, a distance of 111.25 feet; 15) North 40 degrees 30 minutes 00 seconds West, a distance
of 131.54 feet; 16) North 30 degrees 08 minutes 00 seconds West, a distance of 73.30 feet; 17) South
60 degrees 56 minutes 05 seconds West, a distance of 44.37 feet; 18) South 88 degrees 04 minutes 45
seconds West, a distance of 32.23 feet to the eastern line of lands now or formerly of Richard R. and
Patricia B. Burgoon (Deed Book 30, Volume "U", Page 598); thence along said eastern line of Burgoon,
North 01 degree 55 minutes 14 seconds West, a distance of 422.86 feet; thence continuing along said
Eastern line North 03 degrees 49 minutes 47 seconds East, a distance of 223.62 feet to the southern line
of Lot 2B as shown in (Plan Book 92, Page 69) being part of lands now or formerly of Trindle Springs,
Inc. (Deed Book 274, Page 935); thence along said southern line of Lot 2B and continuing along the
southern line of lands now or formerly of Carlisle Realty LP. (Deed Book 235, Page 990) the following
three (3) courses and distances: I ) South 89 degrees 59 minutes 02 seconds East passing through a
Limestone Monument at 156.06 feet, a total distance of 298.94 feet to an iron pin; 2) South 83 degrees
34 minutes 03 seconds East, a distance of 350.44 feet; 3) South 69 degrees 45 minutes 45 seconds East,
a distance of 386.00 feet to an iron pin in the western line of lands now or formerly of Carlisle Realty LP
(Deed Book 252, Page 1024); thence along said western line South 00 degrees 12 minutes 15 seconds
West, a distance of'243.13 feet to the point of BEGINNING.
CONTAINING 359,475.00 square feet or 8.25 acres.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KINSLEY CONSTRUCTION, INC.,
Claimant
V.
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP and its
General Partner,
SILVER CREEK DEVELOPMENT
COMPANY, INC.,
Owner or
Reputed Owner
No. d1-0101 Ina
NOTICE OF FILING MECHANICS' LIEN CLAIM
To: Silver Creek Development Company Limited Partnership
Suite 300
2151 Linglestown Road
Harrisburg, PA 17110
Silver Creek Development Company, Inc.
General Partner
2151 Linglestown Road
Harrisburg, PA 17110
TAKE NOTICE that Kinsley Construction, Inc., filed a Mechanics' Lien Claim against
premises owned by you known as Trindle Spring Heights, A Flexible Townhome Condominium,
including Units 61 through 149, located in Hampden Township, Cumberland County,
Pennsylvania.
1
Said Mechanics' Lien Claim is for the sum of $30,512.15, plus interest as allowed by
law, and costs of suit.
Said Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland
County, Pennsylvania, to No. , and was filed on July
2009. A copy of the Claim is attached hereto.
BARLEY SNYDER LLC
By: _e?e;
Paul W. innich
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
717-846-8888
Fax: 717-843-8492
E-Mail: pminnich@barley.com
PA 74453
Attorneys for Claimant
2
F1LF(;-
F? ,r, ,407, RY
p.,,
2009 JUL -6 9110: 11
UItiJTy
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
4,00'r at irsrobrr h
0FFiCEc.r --: S! ERIFF
ALED-4D s=Kl
() THr, i'.i j r", ; S
2099 JUL 22 PH 2: 28
CHUM (y l.AT)"
PE"t,.1 (SYLVAN A
Edward L Schorpp
Solicitor
Kinsley Construction Inc.
Case Number
vs. 2009-4469 MLD
Silver Creek Development Company Limited Partneship
SHERIFF'S RETURN OF SERVICE
07/07/2009 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: Silver Creek Development Company Limited Partnership,
but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA
to serve the within Notice of Filing Mechanics Lien Claim and Mechanics Lien Claim according to law.
07/07/2009 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: Silver Creek Development Company Inc., but was unable
to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the
within Notice of Filing Mechanics Lien Claim and Mechanics Lien Claim according to law.
07/09/2009 02:58 PM - Dauphin County Return: And now July 9, 2009 at 1458 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: Silver Creek Development Company
Limited Partnership by making known unto Gale Haines, Administrative Assistant at 2151 Lingelstown
Road, Suite 300 Harrisburg, PA 17110 its contents and at the same time handing to her personally the
said true and correct copy of the same.
07/17/2009 09:14 AM - Dauphin County Return: And now July 17, 2009 at 0914 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: Silver Creek Development, Inc. by
making known unto Gale Hains, adult in charge at 2151 Linglestown Road Suite 300 Harrisburg, PA
17110 its contents and at the same time handing to her personally the said true and correct copy of the
same.
SHERIFF COST: $53.00 SO ANSWERS, --'
l'
July 21, 2009 ''R THOMAS KLINE, SHERIFF
mtl`ste of the ?ltcr-ff
Mary Jane Snyder
Real Estate DS4
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
KINSLEY CONSTRUCTION, INC.
VS
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP
Sheriffs Return
No. 2009-T-1903
OTHER COUNTY NO. 2009-4469 MLD
And now: JULY 17, 2009 at 9:14:00 AM served the within MECHANICS LIEN CLAIM upon SILVER
CREEK DEVELOPMENT INC. by personally handing to GALE HAINS 1 true attested copy of the
original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 2151
LINGLESTOWN ROAD SUITE 300 HARRISBURG PA 17110
RECEPTIONIST
Sworn and subscribed to
before me this 20TH day of July, 2009
AT &-/
NOTARIAL SEAL
ARY JANE SNYDER, Notary Pubii
Highspire, Dauphin County
IhMy Commission Ex fires S t 1 201 0
So Answers,
/eAl( ._
Sheriff of TM-A.
By
Deputy Sh ff
Deputy: G MILLER
Sheriffs Costs: $66.5 7/8/2009
In The Court of Common Pleas of Cumberland County, Pennsylvania
Kinsley Construction, Inc.
vs.
Silver Creek Development, Inc. & Silver Creek Development Company Limited Partnership
2151 Linglestown Road, Suite 300
Harrisburg, PA 17110
Civil No. 2009-4469 MLD
Now, July 7, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original,
the contents thereof.
So answers,
Shentf of County, PA
COSTS
Swom and subscribed before SERVICE $
me this day of ,20 MILEAGE
AFFIDAVIT
20 , at o'clock K served the
glatlit.11t of thV
Mary Jane Snyder Charles E. Sheaffer
Real Estate Depu Chief Deputy
William T. Tully Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania KINSLEY CONSTRUCTION, INC.
VS
County of Dauphin SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP
Sheriffs Return
No. 2009-T-1903
OTHER COUNTY NO. 2009-4469 MLD
And now: JULY 9, 2009 at 2:58:00 PM served the within MECHANICS LIEN CLAIM upon SILVER
CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP by personally handing to GALE
HAINES 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her
the contents thereof at SUITE 300 2151 LINGELSTOWN ROAD HARRISBURG PA 17110
ADMIN. ASSISTANT
Sworn and subscribed to
before me this 13TH day of July, 2009
NOTARIAL SEAL
RY JANE SNYDER, Notary Publi
Highspire, Daw nin County
FM.
Commission Expires Sept 1 2010
0
So Answers,
eDeputy: W CONWAY
Sheriffs Costs: $66.5 7/8/2009
IN THE COURT OF COMMON PLEAS OF CUMBE.
KINSLEY CONSTRUCTION, INC.,
Claimant
V.
SILVER CREEK DEVELOPMENT
COMPANY LIMITED PARTNERSHIP and its
General Partner,
SILVER CREEK DEVELOPMENT
COMPANY, INC.,
Owner or
Reputed Owner
nAND COUNTY, PENNSYL`fi
No. 09-4469-MLD
PRAECIPE TO REMOVE
To the Prothonotary:
Please mark the above captioned Mechanics' Lien Claim settled and satisfied.
BARLEY, SNYDER LLC
By:
Xul W. Mi icli
Court I.D. 4453
Attorneys for Claimant
100 East Market Street
P O Box 15012
York, PA 17405
(717) 846-8888
Date:
2663062.1
OF THE'
2009 SEP I I PM I: J8
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