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HomeMy WebLinkAbout10-0965 DILLSBURG EXCAVATING & SEPTIC, : IN THE COMMON PLEAS COURT OF INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO. O - Q(p S C M? -° -n M Am `-` 'w MICHELLE S. FISHER MECHANICS' LIEN_ Defendant MECHANICS' LIEN CLAIM ca -+ p NOW COMES the Claimant, Dillsburg Excavating & Septic, Inc. and files this Mechanic's Lien Claim as a contractor under the Mechanic's Lien Law of 1963, as amended. 1. The name of the Claimant is Dillsburg Excavating & Septic, Inc., a Pennsylvania corporation with an address of 516 Range End Road, Dillsburg, PA 17019. 2. The names of the owner, of the subject property known as 520 Cranes Gap Road, Carlisle, Cumberland County, PA 17013, is Michelle S. Fisher, whose current address is the same as the subject property. A copy of the Property Deed is attached as Exhibit A. 3. The Claimant verbally contracted with Defendant on August 5, 2009. 4. The materials hereinafter referred to were furnished pursuant to a verbal contract entered into with Defendant, wherein the Claimant agreed to furnish labor, materials and/or equipment, an itemized statement of which is attached as Exhibit "B" and the Contractor agreed to pay for the work. 5. The materials, labor and equipment were furnished in and about the placement of a drain and swale on the left side of the house located at 520 Cranes Gap Road, Carlisle, PA. 6. The nature and kind of labor, materials and equipment furnished were site excavation and drain and swale placement. G ) 4A. oo Ks Am ari'? CO 15(*60 ot a3'1a.75 7. The amount claimed to be still due and chargeable against the property is $4,637.35, which is the contract price of $4,662.35 less $25 paid by Defendant, together with legal rate of interest. The claimant has no note or other collateral security for its claim. 8. The first materials were furnished by the Claimant on or about August 5, 2009, and the last materials were furnished on August 7, 2009. 9. This lien is claimed from August 5, 2009, when the first visible work commenced, and against the fee simple interest of the owner in the property. Respectfully submitted Di?sR rg d<avWg'?id Septic, Inc. By: y Livingston, Secretary/Treasurer VERIFICATION I, Nancy Livingston, hereby acknowledge that I am the Secretary/Treasurer of Dillsburg Excavating and Septic, Inc. the Claimant in the foregoing Mechanic's Lien Claim, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Di sbur xc vati g and eptic, Inc. By:-Nancy Livingston, Secretary/Treasurer Date: 2 - 3 - 1 6 a 1 2^ 2n+n r:291M A:_°HA STATE REA',TY %,0, 766L Tax ID: 29-05-0427-057 THIS DEED MADE the 17th day of . D,,bex in the year of our Lord Two Thousand and Seven (2007) BETWEEN, SCOTT HENCH, married man, of Carlisle, Pennsylvania GRANTOR And, MICHELLE FISHER, single woman, of Cumberland County, Pennsylvania, GRANTEE WITNESSETH, that in consideration of ONE HUNDRED SIXTY FIVE THOUSAND AND NO ONE HUNDREDTHS (S 165,000.00) DOLLARS, in hand paid, the receipt wherWf is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, her heirs and assigns. ALL THAT CERTAIN tract of land situate in the North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the western side of *Cranes Gap Road (L.R. 21031) and at the northem side of a proposed fifty foot street; thence by said street South 59 degrees 7 minutes West 200 feet to a point at line of land of Charles E. Neiswender et ux.; thence by the same North 41 degrees 52minutes West 100 feet to a point at line of land of George Donald McKinney, et ux.; thence by the same North 59 degrees 7 minutes East 200 feet to a point in the aforesaid road; thence by the same south 41 degrees 52 minutes East 100 feet to an iron pin the Place of BEGINNING. BEING the same premises which William T. Mitchell and Donna K. Mitchell, by Deed dated June 26, 2007 and recorded June 27, 2007 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 280, Page 3343, granted and conveyed unto Scott Hench, married man, Grantor herein. LYNN M. HENCH, WIFE OF SCOTT HENCH, JOINS IN THIS CONVEYANCE TO TRANSFER ANY MARITAL INTEREST SIZE MAY HAVE IN THIS PROPERTY. UNDER AND SUBJECT to restrictions and conditions as now appear of record. *Erroneously set forth as Crains Gap Road in previous deed. Ja,^. 29. 2n,n 4-29PY WuA ,TAT R?AL "'V 56, 6 4 AND the said Grantor does hereby Warrant Specially the property hereby conveyed. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF (SEAL) N M. HENCH STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS ON THIS, the 1-144' day of 2007, before me, the undersigned officer, personally appeared SCOTT HENCH and LYNN M. HENCH, known to me (or satisfactorily 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OQM1MONwNOTARIAL Ih1l-TMOFPSMM YLVMYA SEAL CaftBorn.,CumbalCou Notary PU is Co vjobn B#m October S. 4 un,nno• I do hereby certify that the precis residence and cow Iete st office address gthe within named Grantee is ? '.Va,w. ??nrn Date: 1 _ 1??1?-.?? Batt\,. ,? for Grantee IN WITNESS WHEREOF, the said Grantors have hereunto set their hand and seal the day and year first above written. J 29 2?,n V A!-PHA STATE REAIr?' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PAS 17013 717-240-6370 Instrument Number - 200747163 Recorded On 12/21/2007 At 2;00:24 PM "Instrument Type- DEED Invoice Number -11292 User ID - RZ * Grantor - HENm SCOTT * Grantee - FISHER, MICHELLE S Customer - SECURED LAND FEES STATE TRANSFER TAX, $1,650.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES PEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $825.00 DISTRICT NORTH MIDDLRTON $825.00 TOWNSHIP TOTAL PAID $3,338.50 I Certify this to be recorded in Cumberland County PA * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. oa, 4 ° RECORDER O/D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on thu page. ouHiuiwuGN?uiu 01/20/2919 13: d7 7'.74323999 DILL SB'JRG E+S PAGE 02/C*2 . Dillsburg Excavating & Septic, Inc. PAOAGHIC:16986 516 Range End Road Dillsburg, PA 17019 Phone.: (717) 432-9704 Pax: (717) 432-3899 DATE INVOICE* 08/17/2009 65297 CuStomer Phone Customer Alt. Phone Customer Fax P.O. NO. TERMS 701-8365 649-9573 cell 12/16 collection Net 10 from inv, date DESCRIPTION DATE OF WORK AMOUNT Place drain around lcft side orhouse & cut Swale 908/07/2009 4,662.35 Accounts older than 30 days will be finance charged on the unpaid balance at an APR of T $4,662.35 Clean, Install & Repair Complete Septic Systems - Equipment Rental. Water & Sewer Lines - Land Clearing -Trenching - Sesernent Excavating- Ponds - Grading - Storm Sewer Site Preparation ( 8 ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1L0'.,?, .?0, Sheriff?xxrxx?' Jody S Smith Chief Deputy :2019FEB 22 Ffl 2: 28 Edward L Schorpp Solicitor OFFICE F _ ERIF , 4f 0 4 v, Dillsburg Excavating & Septic, Inc. vs. Michelle S. Fisher Case Number 2010-965 MLD SHERIFF'S RETURN OF SERVICE 02/18/2010 07:29 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 18 2010 at 1929 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Michelle S. Fisher by making known unto herself personally, at 520 Cranes Gap Road, 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: $33.84 February 19, 2010 FAN RS, ANDERSON, SHERIFF -?? By Deputy eriff (c) GourySulto 5hentt TeleosoR, lix:_