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Home My WebLink About10-1184V, IN THE COURT OF COMMON PLEAS OF THE 39' JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH VERNE L. WADEL, t/d/b/a WADEL'S EXCAVATING, , Claimant , V. , SHIPPENSBURG APEX, LP, , Defendant CIVIL ACTION-LAW N C7 M? 7 NO. r• ,11-n MECHANICS' L N CL-MM [ D MECHANICS' LIEN CLAIM Claimant Verne L. Wadel, t/d/b/a Wadel's Excavating, through the undersigned counsel, files this claim against the real estate and improvements described below. In support of the claim, Claimant makes the following statement: 1. Claimant is Verne L. Wadel, t/d/b/a/ Wadel's Excavating, with address of 111 East Main Street, Newburg, PA 17240. 2. Claimant files this Mechanics' Lien Claim as a subcontractor. 3. The owner of the property is Shippensburg Apex, LP, a Pennsylvania Limited Partnership Company, with a registered business office at 401 East Elm Street, Coshohocken, PA 19428. 4. The improvement and property subject to the lien is identified as the "Apex Village, Shippensburg, PA" (hereinafter the "Apex Village Project"). The Apex Village Project consists of the property known as Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania 17257, which consists of 9.39 acres of property located on Baltimore Road in Shippensburg Township, Cumberland County, Pennsylvania. The tax parcel identifier is 36-35-2385-131. A full legal description of the property underlying the Apex Village Project is set forth in Instrument #200736421, WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 which is filed with the Cumberland County Recorder of Deeds and hereby incorporated by reference. 5. Claimant provided labor and materials for which the debt is due were furnished pursuant to an oral agreement with the Contractor, John Shaffer, Shaffer Builders and Shaffer Builders, Inc. and Claimant, under which the Claimant was to be paid for time and materials furnished by him and his subcontractors at his standard rates and the prices paid by him for the materials. 6. The labor, materials, and expenses for which the debt is due consisted of rental fee for triaxle backhoe, tamper, saw, roller, tar buggy and street sweep, backhoe set up fee, repairing sewer line, repairing sink holes, paving, labor, and stone delivered and placed. Attached hereto, incorporated by reference; herein and labeled as Exhibits 1,2,3, and 4 respectively are invoices evidencing said services and the related charges. 7. The Claimant completed his work on the property on November 21, 2009. 8. The value of the labor and materials furnished by Claimant and invoiced is $27,858.27. 9. Interest on the unpaid balances at the rate of 2.5% per month is due and owing. 10. There is due and owing from Owner to Claimant a principal balance of $27,858.27 plus interest on unpaid balance in the amount of $3880.98 through February 17, 2010, for a total owed of $31,739.25 through February 16, 2010, plus accrued interest for February 18, 2010 until paid in full. 11. To date, Contractor has not paid Claimant any portion of the amount listed in paragraph 10 above. 2 WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 12. Formal notice of the intention to file this claim was provided to Owner by mailing the same on January 15, 2010, via certified mail, return receipt requested, from Shippensburg, Pennsylvania. WHEREFORE, Claimant, Verne Wadel, t/d/b/a/ Wadels Excavating claims a lien in the amount of $31,739.25 plus interest from February 17, 2010 said lien upon the real estate owned by Defendants as set forth above. WEIGLE & ASSOCIATES, P.C. Date: (6 ( v By:?./? ??. Richard L. Webber, Jr. Attorney for Claimant Attorney ID # 49634 126 East King Street Shippensburg, PA 17257 Telephone: (717)532-7388 3 WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated. ..-C.% /L (/o By. 4icy?? Verne L. Wadel, t/d/b/a Wadel's Excavating Claimant 4 WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Wadel's Excavating 111 E Main St Newburg, PA 17240 Bill To Shaffer Builders 401 E. Elm St Conshohocken, PA 19428 ATTN:Mary Quantity Description For work the week 08.02.09 - 08.08.09 6 loads -stone 13 Triaxle rental 19 310 Backhoe rental Tamper rental Saw rental I Invoices not paid within 15 days will be charged 2.5% interest. Invoice Date Invoice # E8/10/2009 2009/164 P.O. No. Terms Project PO 518 Net 15 2009/164 Rods Towne Rate Amount 1,316.22 1,316.22 75.00 975.00 79.00 1,501.00 80.00 80.00 86.00 86.00 Total EXHIBIT I $3,958.22 Wadel's Excavating 111 E Main St Newburg, PA 17240 Bill To Shaffer Builders 401 E. Elm St Conshohocken, PA 19428 ATTN: Mary Invoice Date Invoice # 8/17/2009 2009/164-2 P.O. No. Terms Project 518 Net 15 2009/164 Rods Towne Quantity Description Rate Amount Rocktowne for the week 08.09.09 - 08.15.09 38 Triaxle rental 2 Walk behind asphalt saw 75.00 2,850.00 23 Labor 80.00 160.00 48 310 Backhoe rental 40.00 920.00 2 Roller rental 79.00 3,792.00 Stone 70.00 140.00 Blacktop 1,392.73 1,392.73 Parts 921.95 921.95 2 Tamper rental - 2 days 170.53 170.53 1 Hand held saw 70.00 140.00 86.00 86.00 Invoices not paid within 15 days will be charged 2.5% interest. EXHIBIT Total $10,573.21 I 8 C;2 Wadel's Excavating 111 E Main St Newburg, PA 17240 Bill To Shaffer Builders 401 E. Elm St Conshohocken, PA 19428 ATTN:Mary Invoice Date Invoice # 8/21/2009 2009/1643 P.O. No. Terms Project 518 Net 15 T-2CZ64 Rods Towne Quantity I Description For work on the week 08.16.09 -08.22.09 33.75 Labor 26 Triwde rental 31 310 Backhoe rental 8 Paver rental 4.5 Asphaft roller rental Trench railer rental 5 Tar buggy rental Street sweeper rental Tamper rental Stone BCBC Blacktop Wearing Blacktop 2 Walk behind asphalt saw 0.5 Hand held cutoff` saw Invoices not paid within 15 days will be charged 2.5% interest. Rate Amount 40.00 1,350.00 75.00 1,950.00 79.00 2,449.00 150.00 1,200.00 78.00 351.00 980.00 980.00 40.00 200.00 70.00 70.00 50.00 50.00 720.84 720.64 1,853.97 1,853.97 956.26 956.26 80.00 160.00 86.00 43.00 Total $12,334.07 EXHIBIT z Wadel's Excavating 111 E Main St Newburg, PA 17240 Bill To Shaffer Builders 401 E. Elm St Conshohocken, PA 19428 ATTN:Mary Invoice Date Invoice # 8/21/2009 2009/1644 I P.O. No. I Terms I pry 518 I Net 15 I 2009/164 Rods Towne Quantity Description Rate Amount For work the week of 08.16.09 - 08.22.09 for patches dug by others 1 tamper rental 8 Labor 50.00 50.00 1 TricWe rental 40.00 320.00 0.5 Roller rental 75.00 75.00 310 Backhoe rental 80.00 40.00 1 Tar Buggy 79.00 79.00 Wearing blacktop 40.00 40.00 388.77 388.77 Total $992.77 EXHIBIT FILED-?C,F= r'E 2010 AFAR I I FN 3: 04 VERNE L. WADEL, T/DB/A WADEL'S EXCAVATING, CLAIMANT u,Nly : IN THE C0I5i2T't'?? MON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. SHIPPENSBURG APEX, LP OWNER No. 10-1184 MLD MECHANICS' LIEN CLAIM AFFIDAVIT OF SERVICE I, Patricia A. Frey, the undersigned adult individual, having been duly sworn according to law, deposes and says that on Friday, January 15, 2010, a letter dated January 15, 2010 providing formal notice of Claimant's intention to file a Mechanics Lien was served upon Shippensburg Apex, LP, by mailing the same postage paid, certified mail, and return receipt requested, addressee only, at Shippensburg, Pennsylvania, addressed as follows: Shippensburg Apex, LP 401 E. Elm Street Coshohocken, PA 19428 The return receipt signed by the Mary Shaffer is evidence of delivery to it and is attached hereto as Exhibit A. Dated: 311 ?ld Subscribed and sworn to before me the undersigned Not i ublic on the day of , 20J 0. Notary Public Patricia A. Frey Notarial Sep ?,?, R. wonord, Notary ?? goro, Cum CouMY ??;?,? Fvgir25 Jan. 20, 2013 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERNE L. WADEL, T/DB/A WADEL'S EXCAVATING, CLAIMANT V. SHIPPENSBURG APEX, LP OWNER IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 10-1184 MLD MECHANICS' LIEN CLAIM PROOF OF SERVICE Postal ? C3 CERTIFIED MAIL,,, REC EIPT Znq (Domestic F li ti d i f b it it i co very or e at e n orma on v o1r we s s www.usps.com,,, M m ..o ?.rt Postage $ r^ certified Fee I' L/ PeCQuaAc Retum Receipt Fee (Endorsement Required) Here C] I'll C Restricted Delivery Fee (Endorsement Required) - a ' Total Postage & Fees L! I 0 t o Shi ensbur ex, LP - kP --------- ---- - - - - Street Apt No.; - - - -- ------ ----------- or PO Box No. 401 f:j ---........ -._..._.._.. City, State, ZIP+4 ................................. CoshOhocken, PA 19428 ¦ Complete items 1, 2, and 3. Also complete u?e Item 4 if Restricted Delivery Is desired. ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. Recepv y (Printed C. Date of Delivery ¦ Attach this card to the hack of the mailp)ecq_, or on the front if space permits. 71 D. Is delivery address different from item 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No Shippeneburg Apex, LP 401 E. Elm Street Coshohocken, PA 19428 3. Type Certified Mail ? s Mail ? Registered Return Receipt for Merchandise 13 Insured Mail ? C.O.D. 4. Restricted Delivery? (Exits Fee) O Yes 2. Article Number ?005 1820 0005 6338 5108 (Transfix front at>r+Ilw rYbaQ PS Form 3811, Fawwy 2w4 DW M* Retum Ra091pt 102595-02-M-1540 17257-1397 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREE-3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson p: [', Sheriff 7 TL cr ? ?' zeY Jody S Smith v Chief Deputy 2G i 0 Fj y ?` 4 Edward L Schorpp Solicitor r-E -?ER;t`F CPS _ a ?Wadel t/d/b/a Wadel's Excavating Case Number vs. 2010-1184 MLD Shippensburg Apex, LP SHERIFF'S RETURN OF SERVICE 02/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shippensburg Apex, LP, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Mechanics' Lien Claim according to law. 03/02/2010 Montgomery County Return: And now March 2, 2010 at 1230 hours I, John P. Durante, Sheriff of Montgomery 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: Shippensburg Apex, LP by making known unto John Shaffer, adult in charge at 401 East Elm Street, Conshocken, PA 19428 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 March 12, 2010 NOTARY Affirmed and subscribed to before me this day of ;ci GountySuiL She:r?ft. Telaosoft. fn;;. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,,,? ? - PENNSYLVANIA m M =ti ' VERNE L. WADEL, t/d/b/a WADEL'S CIVIL ACTION - LAW -< cr% EXCAVATING Claimant, =CD V. NO.: 10-1184 .O SHIPPENSBURG APEX, LP, Defendant. SATISFACTION OF MECHANICS' LIEN CLAIM On or about February 19, 2010, Verne L. Wadel, t/d/b/a Wadel's Excavating ("Wadel"), filed for record in the Prothonotary/Office of the Registrar of Franklin County, Pennsylvania, a mechanic's lien, pursuant to statute, in the above-captioned matter. The lien is against property, together with improvements on the property located at Apex Village, Rocktowne Student Townhome Community, Asper Drive, Shippensburg, Pennsylvania 17257, which consists of 9.39 acres of property located on Baltimore Road in Shippensburg Township, Cumberland County, Pennsylvania, Tax Parcel No. 36-35-2385-131, for labor performed and materials furnished by Wadel. On or about September 8, 2011, the indebtedness secured by the mentioned mechanic's lien was satisfied. In consideration of the satisfaction of the indebtedness by payment, Wadel, by and through its attorneys, certifies that the lien is released and discharged, and authorizes and directs that the lien be discharged of record. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire Attorneys for Claimaint 126 East King Street Shippensburg, PA 17257 Dated: September 8, 2011 P: (717) 532-7388 00 l Q C?_ Ssal? I 9-A a?s??g