HomeMy WebLinkAbout09-5797
WOODMASTER'S CABINETRY, INC.
Claimant
vs.
DAVID G. KANN, MD
Owners or
Reputed Owners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. (R - 584'1 MAD
MECHANICS' LIEN CLAIM
NOTICE OF CLAIM
TO: DAVID G. KANN, MD
6 Yellowbreeches Road
Carlisle, PA 17013
Please be advised that on August ar 2009, there was filed
in the Court of Common Pleas of Cumberland County, as of
, a mechanic's lien claim, a true and
correct copy of which is attached hereto.
-41?w-r
Th as N. C p Esquire
Attorney for C aimant
ID #34543
36 W. Main Avenue
Myerstown, PA 17067
Telephone: (717) 866-5737
WOODMASTER'S CABINETRY, INC.
Claimant
vs.
DAVID G. KANN, MD
Owner or
Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. dh'- d?97 lY1GD ?.cc,,,?
MECHANICS' LIEN CLAIM
MECHANICS' LIEN CLAIM
Woodmaster's Cabinetry, Inc., files this Mechanics' Lien
Claim against the improvements and property located at 6
Yellowbreeches Road, Carlisle, Cumberland County, Pennsylvania,
owned by David G. Kann, MD, for the payment of a debt due to
Claimant as a contractor for labor and materials furnished by
Claimant in the construction and installation of cabinetry, and
in support of the claim alleges:
1. The name of the Claimant
Inc., a Pennsylvania corporation,
business at 204 Rod & Gun Road,
is Woodmaster's Cabinetry,
with its principal place of
Newmanstown, Lebanon County,
Pennsylvania.
2. The name and address of the Owner or Reputed Owner at
the time of furnishing the labor, goods and materials is David
G. Kann, MD, of 6 Yellowbreeches Road, Carlisle, Cumberland
County, Pennsylvania 17013.
3. The improvements and the property which are subject to
this claim is the dwelling located on real estate owned by David
G. Kann, MD, which is more specifically set forth in a deed
dated March 2, 2007, and recorded in Cumberland County Recorder
of Deeds Book 279, Page 21, a copy of which is attached hereto
as Exhibit "A".
4. The labor and material furnished by Claimant was for the
construction and installation of cabinetry, which were
constructed on the basis of a written contract, a copy of which
is attached hereto as Exhibit "B", with additions totaling
$7,984.94, for a total project price of $54,215.62, of which the
Owner has paid $23,115.34, leaving a balance due of $31,100.28.
5. The installation of the cabinetry was completed by the
Claimant on April 20, 2009.
6. The amount or sum claimed to be due is $31, 100.28, plus
finance charges of 6% per annum beginning 30 days from the date
of the billings, being $580.16, for a total of $31,680.44, plus
court costs.
Respectfully Submitted,
STEINER, SANDOE & COOPER
By:
T]Xomas N. 06oyer, Esquire
Attorney for claimant
ID## 34543
36 West Main Street
Myerstown, PA 1706
Telephone: (717) 866-5737
VERIFICATION
The undersigned verifies that the facts contained herein are
true and correct. The undersigned understands that false
statements herein are made subject to the penalties of 18 Pa.C.S.
§4904, relating to unsworn falsification to authorities.
Date: WOODMASTER'S CABINETRY, INC.
By:
Rona T. Schies, President
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200'1 ??? 5 PM 3 03
DEED
MADE the ?. day of March, 2007.
Parcel No. 08-11-0292-021
BETWEEN JOHN T. THOMAS and OLIVIA B. THOMAS, husband and. wife, of
Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as:
Grantors,
AND
DAVID G. KANN, a single person, of Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as:
Grantee,
In consideration of FOUR HUNDRED NINETY-TWO THOUSAND DOLLARS AND
00/100 ($492,000.00) DOLLARS, the receipt whereof is hereby acknowledged, the:Grantors
do hereby grant and convey to the Grantee, his heirs and assigns:
ALL THAT CERTAIN tract of land situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described In accordance with
a survey prepared by Stephen G. Fisher, R.S., and dated December 6,1984, as
follows:
BEGINNING at a point In the center of the Yellow Breeches Creek at line of
lands formerly of Margaret Barnitz, now or formerly of Barbara Lillich; thence
by said lands, South seventy-nine (79) degrees twenty (20) minutes forty-nine
(49) seconds East, a distance of one hundred seventy-two and one hundredths
(172.01) feet to a bolt; thence by the same, North thirty-seven (37) degrees
thirty-nine (39) minutes nine (09) seconds East, a distance of ninety-six and
thirty-five hundredths (%.35) feet to an angle iron on line of lands of the
Grantors herein; thence by said lands, South twenty-nine (29) degrees zero (00)
minutes zero (00) seconds East, a distance of five hundred ninety-six and eighty-
two hundredths (5%.82) feet to a railroad spike in the center line of East Yellow
Breeches Creek Road (T463); thence by said Road, North seventy-five (75)
degrees forty-four (44) minutes thirteen (13) seconds West, one hundred thirty-
one and thirty-four hundredths (131.34) feet to a point; thence by the same, by
a curve to the left, having a radius ofeighty-five and thirteen hundredths (85.13)
feet, a distance of ninety-nine and thirty-one hundredths (99.31) feet to a point
at corner of other lands of the Grantors herein and about to be conveyed t
Richard L. Corman and Gloria D. Corman, his wife; thence by said Ian
BGG+? 279 PACE 21
08/13/2009 11:07:01 AM CUMBERLAND COUNTY Inst.# 200707281 - Page 1 of 3
;r
North thirty-four (34) degrees five (05) minutes zero (00) seconds West, a
distance of one hundred thirty-five and forty-live hundredths (135.45) feet to a
bolt; thence by the same, South forty-seven (47) degrees thirty-eight (38)
minutes zero (00) seconds West, a distance of one hundred thirty-two and fifty-
seven hundredths (132.57) feet to a point in the center of the Yellow Breeches
Creek; thence by the center of said Creek, North nineteen (19) degrees forty (40)
minutes fifteen (15) seconds West, a distance of seventy-nine and four
hundredths (79.04) feet to a point; thence by same, North thirteen (13) degrees
twenty-.four (24) minutes eighteen (18) seconds West, a distance of one hundred
two and eleven hundredths (102.11) feet to a point; thence by the same, North
twenty-five (25) degrees eighteen (18) minutes thirty-one (31) seconds West, a
distance of one hundred eighty-eight and seventy-8ve hundredths (188.75) feet
to a point; thence by the same, North one (01) degree forty-nine (49) minutes
twenty-three (23) seconds East, one hundred eight and seventy-four hundredths
(108.74) feet to a point, the place of BEGINNING.
CONTAINING 3.2105 acres.
BEING the same premises which, Michael L. Bigler and Linda J. Blxler, by Deed dated
June 14,1999 and recorded June 15,1999 in the Office of the Cumberland County Rmrder
of Deeds in Book 201, Page 561, granted and conveyed to John T. Thomas and Olivia B.
Thomas, Grantors herein.
AND the said Grantors hereby covenant and agree that they will warrantspeeially the
property hereby conveyed.
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the
day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Ne`_(SEAL)
My T. THO?s
(SEAL)
OLCvm B. THomm
BOOK 279 PACE - 22
08/13/2009 11:07:01 AM CUMBERLAND COUNTY Instl 200707281 - Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA )
ss
COUNTY OF CUMBERLAND )
12 On this, the 1 4 day of March, 2007, before me, the undersigned officer, personally
appeared JOHN T. THOMAS and OLIVIA B. THOMAS, known to we or.sadsfictorily
proven to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained. 1609'r?'". ,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
co oNwFl?t.1H OF P"WLVAM
WrANALSEAL
Victoria L- Otto, Notary Public
20, 2010 Notary Public
I hereby certify that the precise residence and complete post office address of the
Grantee is: 6 E. Yellow Breeches Creek Road, Carlisle, PA 17013.
ubert X. ifiroy, Esquire
Attorney r Grantee
COMMONWEALTH OF PENNSYLVANIA )
) ss
COUNTY OF CUMBERLAND )
RECORDED on this day of , 2007, in the Recorder's
Office of the said County in Deed Book , Page
Given under my hand and the seal of the said office, the date above written.
Recorder
MARTSON D R S OT?7 (L* ROY &
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10 EAST HIGH STREET n-
CARLISLE, PENNSYLVANIA 17013 0 !1 r a.
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TELEPHONE 717-243-3341
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08/13/2009 11:07:01 AM CUMBERLAND COUNTY Instl 200707281 - Page 3 of 3
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204 Rod and Gun Road
Newmanstown, PA 17073-9161
Contract
Woodmasters Cabinetry, Inc. Contract: Dr. David Kann
204 Rod and Gun Road Date: 10/16/2008
Newmanstown, PA 17073-9161 Amount: $46,230.68
Project: Kitchen,Bath and Head Board Cabinetry
Job Site 6 East Yellow Breeches Rd. Carlisle, Pa. 17013
Address: 6 East Yellow Breeches Rd. Carlisle, Pa. 17013
Terms of Agreement:
To process order please sign contract and return with payment of $23,115.34 (1/2 down) made
payable to Woodmasters Cabinetry Inc.Upon completion of project from items and services listed in
quote dated 9-8-08 the final balance of $23,115.34 will be due. Any deviation from items and services .
listed in quote dated 9-8-08 will incurr a change of cost. Thank you.
TERMS: NET 30 DAYS
OVER 30 DAYS, FINANCE CHARGE OF 6% ANNUAL WILL BE ADDED
Buyer or Agent
5 Or Agent
QUOTATION:
From: Woodmasters Cabinetry, Inc. Date: 9-8-08
204 Rod & Gun Road
Newmanstown, PA 17073-9161 Delivery:
Office (717) 949-3937
FAX (717) 949.3924
TO: Brett Bothwell Design Studio, LLC
101 West 75th St
New York, New York 10023
RE: Kann House, Stamper Music Shop and Fishing Lodge
1 ed t ote as follows
We are p e
Item # as -4-
Description - Kitchen, Premier Line Cabinetry
For Perimeters.
Price
Amount
1 Ste Back Wall Cabinet 25-3/16 X 48" 24" Dee
With 2 Appliance Cutouts Bottom Section.
With Wall Cabinet 25-3-16 X 10-1/8 14" Dee
With Flip Down Door, To Section
2 Wall Cabinet 27-5/16 X 30
3 Wall Cabinet 13-5/8 X 30
4 Combine #2 and #3 with 18" Extended Cabinet Back with
Stainless Steel Sheet Attached.
5 Linen Taller Cabinet 18-7/8 X 84
With Full Height Door
6 Refrigerator Taller Cabinet 37-1/2 X 84 24" Dee
7 Taller Return End Panel 2-1/2 X 30 X 90-1/4
With Front Frame and Stainless Steel Panel Built in Left Side
8 Taller Fill Return 2-1/2
9 Taller Return End Panel 2-1/2 X 30 X 90-1/4
With Front Frame and Stainless Steel Panel Built in Right
Side.
10 3 Drawer Base Cabinet 25-3/16 (24" Dee
11 Combination Base Cabinet 45-15/16 24" Dee
With 4 Roll Out Shelves
i ,
Item # Description Price Amount
12 Fascia, Vertical Grain, %" X 7-1/2"
13 Shadow Board, Vertical Grain, % X 2"
14 Soffit, Vertical Grain, 10 " Dee
15 "Sauce" Soft Close Concealed Hines
16 "Blum" Soft Close Full Extension Under Mount Drawer
Guides
17 Color Match / Custom Stain Color
18 Vertical Grain 1/4" Toe Kick
19 1/8" Precision Full Over La Design
20 Wen e U Grade
Total for Items Listed #1 thra #20 $14,708.25
Item # Description - Kitchen, Premier Line Cabinetry Price Amount
For Island.
Base Full Door Cabinet 24-7/8 (30-3/4" Front) , for
21 Dishwasher
With Finished Cabinet Back
With No Toe Space
With 1-1/2" Stile Left
With Recessed Bottom
22 1 Base Fill Return 4, 43" X 38"
Combine to # 21 as Right Side
23 Base Full Door Cabinet 35-1/2
With Apron to Conceal Sink Bowl
with rimsnea %-apmet Daun
With No Toe Space and Recessed Bottom
With Enclosures for Water / Drain Lines
24 Combination Base Cabinet 34-7/8
With Finished Cabinet Back
With 2 Waste Can Pull Out
With No Toe Space and Recessed Bottom
25 Modify Cabinet Backs For Cantilever
26 An le Iron Frame
27 5 - False Door Panels with Obscure Water Glass Center
Panels Attached to Island / Cabinet Backs
28 Combine #21 thru # 27 and Ship as One.
29 Base Full Door Cabinet 27-3/4 35-5/8" Dee
With False Door Frame and Matching Glass Center Panel
Attached Left Side.
With 6 Woodmasters Removable Tray Dividers
30 ut Out Extension 3" Dee X 28-1/4" X 30-5/8"
With Inverted Inside Corner
31 Base Full Door Cabinet 10-1/2
With Canned Goods Storage Pull Out
With Finished Cabinet Back
3
Item # Description Price Amount
32 Cook To / Oven Base Cabinet 30
With Finished Cabinet Back
33 Return End Panel 2-1/2
With Door Frame Attached with Stainless Steel Center Panel
34 3 -Cantilevered Shelves Attached to Cabinet Back
With wood Frame and Stainless Steel Center Panels
35 2 Full Height Wood Posts, 5-3/4" X 5-3/4"
36 Combine and Fit in Shop #29 thru 35
37 Vertical Grain 1/41' Toe Kick
38 "Sauce" Soft Close Concealed Hinges
39 "Blum" Soft Close Full Extension Under Mount Drawer
Guides.
40 Color Match / Custom Color
41 Vertical Grain'/." Toe Kick
42 1/8" Precision Full Over La Design
43 Wen e U Grade
Total for Items Listed #21 thru #43 $16,551.27
Item # Description - Master Bath Vanity And Head
Board for Bedroom Price Amount
44 Wall Medicine Cabinet 12-7/8 X 34-3/4
With Mirrored Door
With 4 Glass Shelves
45 Plate Minor
46 Wall Medicine Cabinet 12-7/8 X 34-3/4
With Mirrored Door
With 4 Glass Shelves
47 Vanity 3 Drawer Base Cabinet 12-7/8 (18-1/2" Deep) 26-1/2"
Height
48 Vanity Base Cabinet 26-3/4 18-1/2" Dee 26-1/2" Height
With Apron to Conceal Sink Bowl
49 Vanity 3 Drawer Base Cabinet 12-7/8 (18-1/2" Deep) 26-1/2
Height.
50 2 - Vanity End Panel Returns
51 End Cols. And Plumbing Partition
52 3 Tiered Head Board
52 Valance Over Head Board
53 "Sauce" Soft Close" Concealed Hinges
54 "Blum" Soft Close Full Extension Under Mount Drawer
Guides
55 Color Match / Custom Stain Color
56 1/8" Precision Full Over La Design
56 Wen e U Grade
Total for Items #44 thru # 56 110,578.80
a
item # Description Price Amount
Items Listed #1 thru #56 $41,838.32
Delivery and Installation $3,980.00
Use Tax $412.36
Grand Total $46,230.68
71 ?)> ) it Z, Z
204 Rod & Gun Road
Newmanstown, PA. 17073-9161
Sold To: David Kann, MD
Address: 6 Yellowbreeches Road
City Carlisle, PA 17015
Y II Mike Leonard
n: Frameless construction in Wenge, as per sample D
and Head board: Frameless construction in Wenge, as per sample D
al Cabinetry
al Delivery and Installation
Use Tax
al Contract dated 10118/08
and surfaces stainless steel/S.2 (includes of Pa sales tax of $252.65)
Wenge Trellaces for ceiling
3tion of ceiling trelfaces
Add-Ons
Total
Deposit, Check #428, 10120!08
t original satin stainless steel figured in project
t S/2 stainless steel to be paid upon completion of installation, proposed
lation date week of 2/23/09
Balance Due
Invoice 17030
(717) 949-3937
Fax (717) 949-3924
Date: 2/16/2009
Unit Price
$ 41,838.32
3,980.00
412.36
$ 46,230.68
$ 4,463.45
$ 4,298.00
$ 270.00
$ 9,031.45
$ 55,262.13
$ -23,115.34
$ -1,046.51
$ -4,463.45
$ 26,636.83
5: NET 30 DAYS
30 DAYS: A FINANCE CHARGE OF 6% ANNUAL ADDED
.
QUOTATION:
From: Woodmasters Cabinetry, Inc. Date: 12-20-08
204 Rod & Gun Road
Newmanstown, PA 17073.9161 Delivery:
Office (717) 949-3937
FAX (717) 949-3924
TO: Brett Bothwell Design Studio
Eu
We are pleased to quote as follows.
Item # Description - Ceiling Grid Work in Wenge. Price Amount
1 Ceiling Grid #1 $1,102.00
40-1/2" X 128", 3" height.
With 3 Bas for drop in screens/ panels
2 Ceiling Grid #2 $1,102.00
40-1/2" X 128", 3" height.
With 3 Bay s for drop in screens / panels
3 Ceiling Grid #3 $980.00
A 19-1/4" X 128", 3" height
B 40-1/2" X 43-1/8", 3" height
Combine a and b
With 4 Bas for drop in screens / panels
Wen e Wood U Grade $1,114.00
Total $4,298.00
Installation $1,200.00
Use Tax
OF 7-7? IRY
2 U03 !; 'J L It i 1, 11 r,-3
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q( i to s9
Rxto'Z q (01,2
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
C K"E - ?rERIF-F
ALED-.4r;-i"'-
or* p
2009 SEr 14 FN 3: 0 b
r?E N'
Woodmaster's Cabinetry, Inc.
vs.
David G. Kann, MD
Case Number
2009-5797 MLD
SHERIFF'S RETURN OF SERVICE
09/10/2009 02:37 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on
September 10, 2009 at 1437 hours, she served a true copy of the within Notice of Claim and Mechanics
Lien Claim, upon the within named defendant, to wit: David G. Kann, MD, by making known unto Teresa
Metz, Receptionist at 850 Walnut Bottom Road Suite 102 Carlisle, Cumberland County, Pennsylvania
17013 its contents and at the same time handing to her personally the said true and correct copy of the
same.
SHERIFF COST: $39.24
SO ANSWERS, - -e?
September 14, 2009 R THOMAS KLINE, SHERIFF
By
De Sheriff
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PRAECIPE
WOODMASTER'S CABINETRY, INC. IN THE COURT OF COFwION PLEAS
CIVIL ACTION LAW OF
CUMBERLAND COUNTY, PENNSYLVANIA
YS. NO. 09-5797 x1~c
DAVID G. KAHN, MD
TO THE PROTHONOTARY:
XXX SETTLE & DISCONTINUE
SATISFY
DATE• 07/21/2010
A ORNEY FOR A TIFF
Thomas N. Cooper, Esquire
ID #34543