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Home My WebLink About11-41912clt MuX1 to PM Lij COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WYATT BONSELL d/b/a BONSELL ROOFING, Claimant, V. . WILLIAM T. ENCK and SUSAN E. ENCK, husband and wife, Respondents. No. 1 ?' "I?a C11(t CLAIM FOR MECHANICS' LIEN rll AND NOW, TO WIT, this _LL- day of hial=W201 comes claimant, Wyatt Bonsell d/b/a Bonsell Roofing, by and through their counsel, CGA Law Firm, and, pursuant to the Mechanics' Lien Law of 1963, Pub. L. No. 1775, No 497, §503 (Pa. Stat. Ann. § 1503), files this claim, stating as follows: 1. Claimant, Wyatt Bonsell d/b/a Bonsell Roofing ("claimant"), is an adult individual with an address located at 3230 Oakland Road, Dover, Pennsylvania 17315. 2. The improvements and property claimed to be subject to the lien are located at 896 Hawthorne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, PIN #42-30-Q ao,,} m cl, 06 -Pa okki CLa 146-541 (00473915/1) eA 0?s89Y;11 2108-274, ("property"), the fixtures contained therein and the lot upon which said building is situated. A copy of the deed encompassing the subject property is attached hereto and incorporated herein as Exhibit "A". 3. The owner of the property is William T. Erick and Susan E. Enck ("respondents"), an adult married couple with an address of 896 Hawthorne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Claimant files this claim as a subcontractor under its agreement with under its agreement with general contractor, All Phases Contract, LLC ("All Phases"), in which claimant agreed to perform and did perform removal and replacement of siding, installation of insulation, installation of custom corners, removal and installation of gutters, replacement of faceboard, installation of face metal and soffit and sealing of window metal. 5. All Phases is a registered Pennsylvania Corporation with a business address of 106 Airport Road, New Cumberland, Pennsylvania 17070. 6. Claimant completed the last of its work for which this claim is made, on or about November 7, 2010, which is less than six (6) months before filing of this claim. 7. Claimant gave formal notice of its intention to file a claim on March 7, 2011; service was completed January 20, 2011. See formal notice attached hereto as Exhibit "B". 8. The claim is made for materials and supplies on unpaid invoices totaling $3,649.50. The invoice for the above labor and materials is attached hereto and incorporated as Exhibit "C". (00473915/1) Respectfully submitted, CGA LA Marisa G utton, quire PA 206767 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Claimant (00473915/1} ATTORNEY VERIFICATION I, Marisa G. Button, Esquire, counsel for the Plaintiff hereby affirm that the facts contained in the foregoing CLAIM FOR MECHANICS' LIEN are true and correct to the best of my knowledge. I further verify that I am making this verification on behalf of Plaintiff and that the information contained in the CLAIM FOR MECHANICS' LIEN is within my scope of knowledge and that the statements made are true and correct to my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, CGA LAW F Date: May 5, 2011 Marisa G. Button, Esquire PA 206767 Attorneys for Plaintiff (00459113/1) DEED WARRAMW IND, on CORP. - PARCEL NO.: 4~2-30.2 108-274 Ma -9 fl made the day oj.le((,MkX-1998 Between DOUGLAS E. BROWN and TAMARA R. BROWN, Husband & Wile herein designated as the Grantors, And WILLIAM T. ENCK and SUSAN E. WOODS (Susan E. Enck), husband and Wife herein designated as the Grantees, Wkxnre&, that the Grantors, for and in consideration of ONE HUNDRED TWENTY-THREE THOUSAND AND 001100 DOLLARS ($123,000.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by flit Grantees, at or before the sealing and delivery of then presents, the receipt whereof is hereby acbnowledged and the Grantors being therew(th fully satisf ed, do by these presents grant, bargain, sell and convey unto the Grantees forever ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth ojPennsylvania, more particularly described as follows: BEGINNING at a point in the northern line of Hawthorn Avenue at the southwest corner of Lot No. 83 as shown on said Plan; thecae by the dividing line between Lou Nos. 82 and 83, north 06 degrees 59 minutes 30 seconds east, ISO jest to a monument, thence by the dividing line between Lou Nor. 82 and 90, north 83 degrees 00 minutes 30 seconds west, 101.68 feet to a point; thence by the dividing line between Lou Nos. 81 and 82, south 06 degrees 20 minutes 51 seconds west, 150.26 feet to apoint in the northern line ofHawdnorn Avenue; thence by the northern line of Hawthorn Avenue in an easterly direction by an arc or curve to the tight with a radius of 4,030 jest, an are distance oj4S.31 jest to a monument; thence by the same, south 83 degrees 00 minutes 30 seconds out 54.69 feet to, a point the place of BEGBNNING. BEING Lot No. 82 on Plan of Center Square Manor, Extension A. Plan No. 7, recorded in the Office of the Recorder ojDeeds of Cumberland County in Plan Book 31, page 36. BEING known and numbered as 896 Hawthorn Avenue, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertlreless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which John F. Kerestes and Sandra L. Kerestes, his wife, by Deed dated January 31, 1989 and recorded February 1, 1989 in the Off roe of the Recorder of Deeds in andfor Cumberland County, Pennsylvania, in Deed Book U-33. page 246, granted and conveyed unto Douglas E. Brown and Tamara R. Brown, his wife, Grantors herein. "T, 01 284 EX? Hn? . i Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances 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 whauorwr of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To Haw jlnd To Hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees'proper use and benefit forever. And the Grantors covenaet that, eorcept as may be herein set forth, they do and will Spedapy Warrant and Defend the lands and premim. heredltaments and appurtenances hereby conveyed, against the Grantors and all otherpersons lawfully claiming the same or to claim the same. In all references herein to any parties, persons entities or corporations, the use ofany particular gender or the plural err singular number is Intended to include the appropriate gander or number as the tart of the within instrument may reignite, Wherever in this instrument any party shall be designated or referral to by name or general reference, such designation Is intended to and shall have the same effect as Ifthe words "heirs, executors, administrators peronal or legal represerrtatives, successors and assigns" has been inserted after each and every such designatImL In Witness Whereof. the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by Its proper corporate officers and its corporate seal to be of Eyed hereto, the day and year f rst above written. t_?i?esd, C?ialedarrd?e?dremed ore ? DO LAS E. BROWN 8&aAA, K &AWm TAMARA R. BROWN ?? ojC?orteta?Ctraeeea, ? t,?C?bcrte?nr? }?.• l?e *Aeaxear6edred, that oq.,?c, before me the subscriber personally appeared TAMARA R BROWN } known tome (orsatisfactorily proven) to be thepeson whose name subscribed to the within deed and acknowledged that executed the same for the purposes therein contained. Witness my hand and seal the day and r aforesaid. 800X IU PACE 285 I COHHONWEALTH? OF PENNSYLV NIA COUNTY OF / (, utmz; SS: On this, 'the 41 day of C ed ctn6tA before me the undergsimdx ofd r, personally appeare sown to me, or sat s actor y 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 may hand and official seal. Notary Public MWO sew N ns M. ew* h. Nobly Pubk M"="'.pNN 22hN?o .2000 sag ABtl? tJ k iB LL LL?s?s?s?s?s ? ? ?. ? R A y ? a 3 3 V ¢ , l y m ?r G O S 0? S O S? 6? S N CU ry 0 C. z c. ? L A BOOK i 91 PIE 286 1 Li' 0k-0mwxs6ered, that on before me the subscriber personally appeared who acknowledged self to be the of a Corporation, and that being authorized to do so as such corporate gDleer executed the foregoing Instrument for the purposes therein contained on behalf of the corporation. FYiman my hand and seal the day and year aforesaid. DOUGLAS E. BROWN TAMARA R. BROWN TO WILLIAM T. ENCK SUSAN E. WOODS Dated The Undersigned certy7es that the precise residence and complete post office address of the Grantee is: 896 Hawthorn Avenue Street Mechanicsburg, PA 17055 City V to Zip Code State of Pennsylvania ll County of Cumberland l 86 + ,4r. pppK ?? PACE ,Z . Recorded in the office for the recording of Deady i XLend for rla?t d County, ?Q(j ! IrYYS_800ir witness my hand a seal of off' Lr " Csrikl. fYlthisdWV r? I kz L? .u.d L March 7, 201 1 Sent Via Certified Mail William T. and Susan E. Erick 896 Hawthorne Road Mechanicsburg, PA 17055 • SC NED Re: Wyatt Bonsell d/b/a Bonsell Roofing Notice of Intention to File Mechanics Lien Claim Subject Property: 896 Hawthorne Road, Mechanicsburg, PA Cumberland County Tax Parcel Number: 42-30-2108-274 Mr. and Mrs. Erick: I represent Bonsell Roofing with regard to the above-referenced matter. I write to provide you with the legally-required thirty-day notice of Bonsell Roofing's intention to file a mechanic's lien against your property. Accordingly, please be advised Bonsell Roofing intends to file a mechanic's lien pursuant to the Pennsylvania Mechanics' Lien law of 1963 with regard to the following: 1) Name of claimant: Wyatt Bonsell d/b/a Bonsell Roofing; 2) Name of person with whom they contracted: Charles Putnam, All Phases Contracting, LLC 106 Airport Road, New Cumberland, PA 17070 3) Amount claimed to be due: $3,649.50; 4) Nature and character of labor and/or materials furnished: Claimant agreed to and did perform removal and replacement of siding, installation of insulation, installation of custom corners, removal and installation of gutters, replacement of faceboard, installation of face metal and soffit and sealing of window metal. 5) Date of completion of work for which claim is made: November 7, 2010; and 6) Description of property subject to the lien: 896 Hawthorne Road, Mechanicsburg, Cumberland County, Pennsylvania, Cumberland County Tax Parcel Number: 42-30-2108-274. Jon C. Countess Gary M. Gilbert Peter R. Andrews Lawrence V. Young Sharon E. Myers Thomas D. O'Shea John D. Flinchbaugh Frank H. Countess Jeffrey L. Rehmeyer II Craig S. Sharnetzka Anne E. Zerbe Timothy J. Bupp Rees Griffiths Benjamin L. Pratt Michelle Pokrifka Andrew M. Paxton Tina H. Fox Richard K. Konkel Margaret W. Driscoll Glenn J. Smith Anthony T. Bowser Eric Suter Marisa G. Button Leanne M. Miller Brent C. Diefenderfer Timothy D. Norton II Tabitha D. Phillips Of Counsel: Michael Boustead J. Patrick Clark Joseph P. Clark. II EXHIBIT (00456861/1) CGA Law Firm, CGA Professional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.9039, March 7, 2011 • Page 2 0 Please contact us (or your attorney) if you have any questions regarding this notice. If the $3,649.50 amount due Claimant is not fully paid within thirty days, Claimant will file a mechanics' lien as indicated herein. 4Sine , utton MGB /mgb cc: Wyatt Bonsell Mark Thomas, Esquire (00456861/1) • -XI Ln (Domestic Mail O nly; No Insurance Coverage -Provided) M Ir IU Postage $ Ln Certified Fee Z 3 -U M O r3 Return Receipt Fee (Endorsement Required) Z. Postmark Here 0 Restricted Delivery Fee O (Endorsement Required) S r-a Total Postage & Fees S s r-l CO Sent To L,, 4 1• L- 7- .A Sc. t . ? A 0 -------------------- 0 Street, Apt. No. or PO Box No. --- ? , t -----° -°--°------ ------- City, Stele, Z%P+4 ...............----- ----------------- -...----.._.......-- ZO -J ¦ Complete Items 1, 2, Also complet item 4 if Restricted Delivery is desired. ¦ Print your name and address on tke revers so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addossed to: A. f 0 Agent 0 Addressee B. eceived by (Printed Name) C of Delivery D. Is delivery Qil from 1, s If YES, enter ery address below' -7es _ 3. service Type .._.?? *certiW Mail 0 Express Mail 0 Registered ? Retum Receipt for Merchandise 0 insured Mail C.O.D. r 4. Restricted Delivery? P" Feel' 0 Yes 2. Article l' 7008 1140 3 5204 9356 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 . Dec 29 10 04:05p R l ato 3230 Oakland Rd DOW. PA 17315 f Bonseit (717}683.2802 NA, ? Roofing Bill To All Phases Contracting PO Number Hawthorne Terms 717-704709 Number 1011 Date 11M2010 . ProN pct 896 Hawthorne Rd Date Description 9122110 Remove & Replace Siding Insulation Board Custom Comers Remove and Install Gutter Face Board Replaced Face Metal Install Soffit Window Metal Seal Fuel Charge Material Cost Waste Disposal Disposal Cast Amount Paid $D.00 Amount Due $3,649.50 QtylHrs Rate Taxl Amount 23.00 $65.00 $1,495.00 22.00 $5D.00 $1,100.D0 4.DO 3100.00 S400.00 65.00 $1.75 $113.75 6.OD $1.50 $9.00 50.00 $1.50 $75.00 20.00 $2.00 $40.00 3.00 $25.00 $75.00 35.00 $0.45 $15.75 $126.00 $100.00 MOM 5100.00 $100.00 Discount $0.00 Shipping Cost $0.00 Sub Total $3,649.50 Sates Tax 6.00% on $0.00 $0.00 Total 53,649.50 0 - 30 days 31 - 60 days 61 - 90 days > 90 drys Total $1,695.00 55,564.50 $0.00 $ 00 57,259.50 a EXHIBIT p.5 1 1 CL c,DP?SERLAND COUNTY PENNSYL14AMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WYATT BONSELL d/b/a BONSELL ROOFING, Claimant, V. WILLIAM T. ENCK and SUSAN E. ENCK, husband and wife, Respondents. No. I I'Lliq l l.iM? NOTICE OF FILING MECHANICS' LIEN CLAIM To: William T. Enck 896 Hawthorne Road Mechanicsburg, PA 17055 You are notified that, on , a mechanics' lien claim in the amount of $3,649.50 was filed on behalf of claimant Wyatt Bonsell d/b/a Bonsell Roofing against property located at 896 Hawthorne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, PIN #42-30-2108-274, which you own or reputedly own. The claim was filed in the Cumberland County Court of Common Pleas, No. . A copy of the claim is attached. (00473915/1) I Respectfully submitted, CGA LA I M isa G. utton, Esquire PA 206767 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Claimant (00493915/1) S A LJ , s (,-.1A,,BBRLAND COUNT PUIMYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WYATT BONSELL d/b/a BONSELL ROOFING, , Claimant, V. , WILLIAM T. ENCK and SUSAN E. ENCK, husband and wife, , Respondents. No. \?-u 1 a) C t vti ( NOTICE OF FILING MECHANICS' LIEN CLAIM To: Susan E. Enck 896 Hawthorne Road Mechanicsburg, PA 17055 You are notified that, on , a mechanics' lien claim in the amount of $3,649.50 was filed on behalf of claimant Wyatt Bonsell d/b/a Bonsell Roofing against property located at 896 Hawthorne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, PIN 442-30-2108-274, which you own or reputedly own. The claim was filed in the Cumberland County Court of Common Pleas, No. . A copy of the claim is attached. (00473915/1} Respectfully submitted, CGA L Marisa G. Button, Esquire PA 206767 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Claimant (00473915/1) E 3IPUro IG AHII:"0 `._?a iBERLAND COUNT`` ?Er-?SYLV?.Fd1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WYATT BONSELL d/b/a BONSELL ROOFING, Claimant, V. No. 2011-4191 WILLIAM T. ENCK and SUSAN E. ENCK, husband and wife, Respondents. PRAECIPE TO REMOVE To the Prothonotary: ( ) Please mark the above-captioned action settled and satisfied. (X) Please mark the above-captioned judgment or lien settled and satisfied. Date: August 15, 2011 {00507288/1) qu' e PA 206767 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Claimant Respectfully submitted, CGA LA Marisa G. utton Es aotk C Wo P80_11' Q,A ?i 03305 CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing PRAECIPE TO REMOVE was served on the persons, at the addresses, and in the manners indicated below, in accordance with the Rules of Civil Procedure: SERVICE BY UNITED STATES MAIL, FIRST-CLASS POSTAGE PREPAID TO: R. Mark Thomas, Esquire Attorney at Law 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 (717) 796-3600 (f) Attorneys for Defendants Date: August 15, 2011 Respectfully submitted, CGA LAW FIRM v Brett V. Kendig, Paralegal (00507288/1) 2