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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 ao ro wn ?, ? ? ? f ?? ?? , 30% Pcw 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 liSPS - Track & Confirm Page 1 of 1 UANTED STATES: POSTAL SERVICE. Home I Help I Sign In . .?. Track & Confirm FAQs Track & Confirm Search Results LabeVReceipt Number: 7160 3820 3530 03591929 Class: First-Class Mail® Service(s): Certified Mail"" Return Receipt Status: Delivered 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 Notification options Return Receipt (Electronic) Verify who signed for your item by email. (ftf>"' Track & Confim Enter Label/Receipt Number. ite Ma Customer Service Forms Gov't Services areers Privacy Policy Terms of Use Copyright4 2009 LISPS. All Rights Reserved. No FEAR Act EEC) Data FOIA 2. Article Number A i d ( 71/' C. 'i re 71603fl?D...3S30 0359 1,929 X 3. Service Type CERTIFIED MAIL 4. Re' icted Delivery? (Extra Fee) 1. Article Addressed W. Caroline L. Knisely 3922 Pamay Drive Mechanicsburg, PA 17055 D. Is delivery address different from Item 1? IT YES, enter del ?`?CHANICS6 G "IV sA ?: S PS Form 3811, January 2005 POMOORetu Business Customer Gateway B. Date of Yes No http://trkcnfrm 1. smi.usps.com/PTSIntemetVeb/InterLabelInquiry.do 9/2/2009 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 & B R 1601 West Orange 8f., York, `ppRANiTE Ph. 717-854-5577 Fax 717-4945-8952 TERMS: NET 15 s O _ rccE ` I?vRFOZ? Jive. s I D _ 7" T O L Le-m nsyxe i?'A 17 43 CI ?Smu-- cox ---. , H KC q i sL 4 lilt KOEN --j P - ecosimee- T O _ Ox, NOTE - - NON-SAFETY GLASS IS NOT TO BE USED FOR ENTRANCE OR PATIO DOORS SIDELITES OR HAZARDOUS L CATIOI www.brownsgiass.com um d Y y ? Numbe Number ` 3 1 b b 6 TI-77.5' DEED, Made the Zt stday of June, 2004, C_ z N W :f 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 2GC9 SEP ? A ?r)4 / 1, m ck V6 Y.J z ;t -4 o U 5b 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 ~~~t.,,;, of v~.anu~~.p~~~0 t t ..t 4F4 it F :i~ ghc '.~rk',IKF ~'~~~~ ,..t`~r('vtr Ot~- ~~ ~'rr ;=;';,~r~y~~t~+~ Z~a~ S~~ ~ S fi ~~ ~,3 vLZ k. ~"1 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 ?M CI)? Y C-) °C kj sf ? n, m 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 c? A k ?e . C) i a ?t 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