HomeMy WebLinkAbout09-6157IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE BROWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY,
Owners
No. 0 4 - G. iS7 In.4,0
Mechanics' Lien Claim
NOTICE. OF FILING MECHANICS' LIEN CLAIM
To: James G. Knisely
Caroline L. Knisely
3822 Pamay Drive
Mechanicsburg, PA 17055
TAKE NOTICE that George Brown & Son Glass Work, Inc., d/b/a Brown's Glass &
Granite, filed a Mechanics' Lien Claim against premises owned by you known as the Knisely
Garden Center, 19 South Enola Drive, Enola, Pennsylvania 17025.
Said Mechanics' Lien Claim is for the sum of $12,750.00, 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 on September // , 2009, and was filed to No. 61,f_7 2009.
A copy of the Claim is attached hereto.
BARLEY SNYD
By:
Paul Vy nnkb,-'
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ULUKUh t3KUWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY,
Owners
No. 0 `6 1577 MLD
Mechanics' Lien Claim
MECHANICS' LIEN CLAIM
George Brown & Son Glass Work, Inc., d/b/a Brown's Glass & Granite, by and through
its undersigned counsel, files the following Mechanics' Lien Claim:
The Claimant is George Brown & Son Glass Work, Inc., a Pennsylvania
corporation which trades and does business as Brown's Glass & Granite, and which has an office
and place of business at 1601 West Orange Street, York, Pennsylvania 17404. Claimant files
this claim as a subcontractor.
2. The Owners of the real estate against which this claim is filed are James G.
Knisely and Caroline L. Knisely, adult individuals who reside at 3822 Pamay Drive,
Mechanicsburg, Pennsylvania 17055.
3. The last day Claimant supplied material to the site was March 12, 2009.
1
4. The party with whom Claimant contracted was Miller & Norford, Inc., 700 Ayers
Avenue, Lemoyne, Pennsylvania 17043.
Formal notice of Claimant's intention to file this Mechanics' Lien Claim was
given to the Owners by certified mail on July 13, 2009, and by posting the premises on August
11, 2009. A true and correct copy of the Notice of Intent to File Mechanics' Lien Claim and the
Affidavits of Service of the Notice are attached and made a part hereof as Exhibit A.
6. The labor and material supplied by Claimant were the labor, material and
equipment necessary for the fabrication and installation of the store front and doors incorporated
into and made a part of the construction of the Knisely Garden Center situate at 19 South Enola
Drive, Enola, Pennsylvania 17025.
The amount claimed to be due is $12,750.00, as shown on the invoice attached
and made a part hereof as Exhibit B.
The real property subject to the lien is situate in East Pennsboro Township,
Cumberland County, Pennsylvania, known as 19 South Enola Drive, Enola, Pennsylvania, Tax
Parcel 09-15-1291-336, as more fully described in Deed dated June 21, 2004, and recorded on
June 23, 2004, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in
Deed Book 263, page 3488. A true and correct copy of said Deed is attached and made a part
hereof as Exhibit C.
2
WHEREFORE, George Brown & Son Glass Work, Inc., d/b/a Brown's Glass & Granite,
claims to have a lien upon the premises herein described in the sum of $12,750, plus interest as
allowed by law, and costs of' suit.
2692171
BARLEY SNYDER AC
By:
Paul W. nth
100 East arket 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
VEWFICATION
1. Robert Cr. Brown, 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
uIlderstand that false statements herein are made subject to the penalties of 18 Pa.C,S.A. §4904
relating to unsworn falsification to authorities.
Datcd:_ ?O
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE BROWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
Mechanics' Lien Claim
V.
JAMES G. KNiSELY and
CAROLINE L. KNISELY,
Owners
NOTICE OF INTENT TO FILE MECHANICS' LIEN CLAIM
To: James G. Knisely
Caroline L. Knisely
3822 Pamay Drive
Mechanicsburg, PA 17055
Notice is hereby given that George Brown & Son Glass Work, Inc., d/b/a Brown's Glass &
Granite (Brown's), contracted with Miller & Norford, Inc., 700 Ayers Avenue, Lemoyne, PA
17043, to provide the labor and material for the store front and doors of the project known as the
Knisely Garden Center, 19 North Enola Drive, Enola, PA 17025.
The last date Brown's delivered material to the site or provided labor for the project was March
12, 2009.
This will also advise that the sum of $12,750 is presently due and owing to Brown's for the
material and labor provided to the project, and it intends to file a mechanics' lien in that amount
upon the premises known as 19 North Enola Drive, Enola, Pa. 17025, as described in the Deed
recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed
Book 263, page 3488.
July /O, 2009
Certified Mai /Return Receipt Requested
Robert G. wn
cc: Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, Pa 17043
2649597
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ULUKUE BKOWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY,
Owners
No.
Mechanics' Lien Claim
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of York
I, Paul W. Minnich, being duly sworn according to law, depose and state that I served the
Notice of Intent to File Mechanics' Lien Claim in this matter by certified mail, return receipt
requested, on July 13, 2009, addressed to:
James G. Knisely
Caroline L. Knisely
3822 Pamay Drive
Mechanicsburg, PA 17055
The signed return receipt card and the USPS confirmation are attached.
Sworn and subsc ibed to
before me this AV, day
of September, 2009.
otary Public
2692407 COMMONI??LTM OF PENNSYLVANIA
Notarial Seal
Debra D Sankert, Notary Public
City of York, York County
My Commission Expires April 1, 2012
Member, Pennsylvania Aasocaation of Notaries
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Your item was delivered at 11:25 AM on July 13, 2009 in
MECHANICSBURG, PA 17055.
Detailed Results:
• Delivered, July 13, 2009,11:25 am, MECHANICSBURG, PA 17055
• Notice Left, July 11, 2009,12:36 pm, MECHANICSBURG, PA 17050
• Electronic Shipping Info Received, July 10, 2009
• Acceptance, July 10, 2009,5:67 pm, YORK, PA 17404
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1. Article Addressed W.
Caroline L. Knisely
3922 Pamay Drive
Mechanicsburg, PA 17055
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
vnvic%rz DKUWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
V.
JAMES G. KNISELY and
CAROLINE L. EMSELY,
Owners
No.
Mechanics' Lien Claim
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of York
I, Ray E. Markel, being duly sworn according to law, depose and state that I served the
Notice of Intent to File Mechanics' Lien Claim in this matter by posting said notice in a
conspicuous place on the premises known as the Knisely Garden Center, 19 South Enola -Rw
Dave,
Enola, Pennsylvania, on August 11, 2009.
Sworn and sub bed to
before me this F day
of September, 2009.
Notary Public
2692376
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Debra D. Bankert, Notary Public
City of York, York County
My Com Ion Expires April 1, 2012
Member. Pennsylvania Association of Notaries
Ray E el
IN V UIC:C -----------?
GLASS &
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1601 West Orange 8f., York, `ppRANiTE
Ph. 717-854-5577 Fax 717-4945-8952
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TI-77.5' DEED,
Made the Zt stday of June, 2004,
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BETWEENFAE K. MASLOWSKI and TOM MASLOWSKI, husbanfi
and wife, of Cumberland County, Pennsylvania, Parties of the First Part, heremaftev
designated as the GRANTORS, -r
j
AND
JAMES G. KNISELY and CAROLINE L. KNISELY, husband and
wife, of Cumberland County, Pennsylvania, Parties of the Second Part, hereinafter
designated as the GRANTEES.
WTTNESSETH, that the Grantors for and in consideration of TWO HUNDRED
TWENTY-FIVE THOUSAND FIVE HUNDRED and 00/100 ($225,000.00) Dollars, lawful
money of the United States of America, to the Grantors in hand well and truly paid by the Grantees,
at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged
and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey
unto the Grantees forever.
ALL THAT CERTAIN tract of land situate in East Pennsboro Township,
Cumberland, Pennsylvania, being known and numbered as Lot No. 2 on the Resubdivision Plan of
Lots 2 and 4 for Lands of Hempt Brothers, Inc. Route 11 & 15, said Plan being recorded in the
Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Plan Book 59, Page
144 and also known as Lot No. 2 on the plan titled "Declaration to Release, Terminate and
Extinguish an Easement on Lots 2 and 4 Owned by Kenneth R. Snyder, Jr. and Debra D. Snyder",
prepared by Brehm-Lebo Engineering, Inc., dated October 22, 1998 and recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of--Way Plan Book 12,
Page 38, being more particularly bounded and described as follows, to wit:
BEING at a point on the Western right-of-way line of South Enola Drive (S. R. 0011)
at the Northeast cower of Lot No. 4 on the above referenced plan; thence along said Lot No. 4 North
84 degrees 39 minutes 55 seconds West, 135.00 feet to an iron pin set at a point at other lands of the
C7
cn
BOOK 263 pAUr3488
94
Grantors herein; thence along said last mentioned lands North 05 degrees 20 minutes 05 seconds
East, 263.15 feet to an iron pin set at a point along the Southern right-of-way line Prospect Drve
(private street); thence along said Southern right-of-way line of Prospect Drive thef
following three
(3) courses and distances: (1) by a curve to the left having a radius of 265.00 feet, a distance of 52.34
feet, the chord of which is South 79 degrees 00 minutes 24 seconds East, 52.26 feet to a point; thence
(2) South 84 degrees 39 minutes 55 seconds East, 53.00 feet to a point; thence (3) by a curve to the
right having a radius of 30.00 feet, a distance of 47.12 feet, the chord of which is South 39 degrees
39 minutes 55 seconds East, 42.43 feet to a point along the Western right-of-way line of South Enola
Drive (S.R. 0011) ; thence along the Western right-of-way line of South Enola Drive (S.R. 0011)
South 05 degrees 20 minutes 05 seconds West, 228.00 feet to a point, the Place of BEGINNING.
UNDER AND SUBJECT, nevertheless, to the Declaration to Release, Terminate
and Extinguish Easements originally recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Miscellaneous Book 596, Page 482, as modified and amended
in Miscellaneous Book 607, Page 217.
BEING THE SAME premises which Kenneth R. Snyder, Jr. and Debra D. Snyder,
by her attorney-in-fact, Kenneth R. Snyder, Jr, under a Power of Attorney dated March 3, 1999, by
their deed dated April 27, 1999 and recorded April 28, 1999 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in Deed Book 198, Page 346, granted and conveyed
unto Fae K. Maslowski. Tom Maslowski joins in this deed to convey any marital interest he may
have acquired.
TOGETHER with all and singular the buildings, improvements, ways, woods
waters, watercourses, rights, liberties, privileges, hereditaments an d appurtenan ces to the same
belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate,
right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both
in law and in equity, of, in and to the premises herein described and every
with the appurtenances. TO HAVE AND TO HOLD ail and singular the remais here ncdescribed
together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use
and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will
forever specially warrant and defend the lands and premises, hereditaments and appurtenances
hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim
the same or any part thereof, by, from or under it, them or any of them.
BOOK 263 PACE3489
44
In all references herein to any parties, persons, entities or corporations, the use ofany
Particular gender or plural or singulaz number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated
general reference, such designation is intended to and shall have thesamoe effect as if then wlords
"heirs, executors, administrators, personal or legal representatives, successors and assigns" had be
inserted after each and every such designation. en
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the
day and year first above written.
WITNESS:
17--
Fae K. Maslows
Tom Maslowslti
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF
??,? )ss.
BE IT REMEMBERED, that on I ?.
Personally appeared Fae K Maslowski and Tom Maslowski, husband and rwife, ikno to me
(or satisfactorily proven) to be the persons whose names are subscribed to the within instrume
acknowledged that they executed the same for the purposes therein contained. nt and
WITNESS my hand and seal the day and year aforesaid.
NOTARAL SEAL
JODY GOLDRING, Notary Public
C of HwiWg, Dewhin Co., PA
My ion Expires Nov 03, 2005
Public
BOOK 263 PAI-F3490
I HEREBY CERTIFY that the precise residence of the Grantees is:
wr?
Attorne fo rantors/Grant eseese
Cud4erlard County Recorder of 0 ds
Instrument Filirr3
ReceiFt# 503781
Instr# 2004-024847 6,23,"L,004 111:11:251
Remarks: MID.-PERK
ci be recorded
d County PA
Recorder of Deeds
YtfISEIY
DEED
NEED - WRIT 11.50
DEED - RTT STATE .50
EAST FENMSBQR0 2.50.00
'
EAST PENNS80M TWP 1125.00
DEED - AM 1125.00
J.C.S. / A.I.J 11.50
.
M IMPROVENERT FND 10
REC. i?itUiiT FUND
1 .00
C??ec4
87501 3.00
Check# 8760 163.00
Check# 8761 I.50
Check# REF 2.00 -,250.00
Total Received ,125.00
....... 538.54
o? 263 FACEMi
OF TF, ' r ,: rtY
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Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
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George Brown & Son Glass Work, Inc. Case Number
vs.
James G. Knisely 2009-6157
SHERIFF'S RETURN OF SERVICE
09/14/2009 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
14, 2009 at 2049 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and
Mechanics Lien Claim, upon the within named defendant, to wit: James G. Knisely, by making known unto
himself personally, at 3822 Pamay Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its
contents and at the same time handing to him personally the said true and correct copy of the same.
09/14/2009 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
14, 2009 at 2049 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and
Mechanics Lien Claim, upon the within named defendant, to wit: Caroline L. Knisely, by making known
unto James Knisely, husband of defendant at 3822 Pamay Drive Mechanicsburg, Cumberland County,
Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $53.44
SO ANSWERS,
~~
September 15, 2009 R THOMAS KLINE, SHERIFF
_,
"~ `"
By ~. ~ ~ .-
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGE BROWN & SON GLASS
WORK, INC., d/b/a
BROWN'S GLASS & GRANITE
Claimant
V.
JAMES G. KNISELY and
CAROLINE L. KNISELY,
Owners
2
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PRAECIPE TO DISC=
p?, b
To the Prothonotary:
-0fisil"Id
Please mark the above captioned action disew4iftw-d with prejudice.
BARLEY SNYDER, LLC
By:
Date: April _H, 2011
3198103
No. 09-6157 MLD Term
Mechanics' Lien Claim
Supreme C J'I'D. No. 74453
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
717-846-8888
Attorney for the Claimant
Pd' , 60 tlty
P 6-7zla
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C)
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CERTIFICATE OF SERVICE
I hereby certify that on this date a true and correct copy of the Praecipe to
Discontinue is being served by first class mail, postage prepaid at York, Pennsylvania,
addressed as follows:
Rob Bleecher, Esquire
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
BARLEY SNYDER
Z/
By:
Paul W. M' ich
Court I.D. 4453
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
717.846.8888
Date: April Lj, 2011