HomeMy WebLinkAbout11-4331131
1
.4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WYATT BONSELL d/b/a BONSELL
ROOFING,
Claimant,
V.
ROBERT L. WICKARD and JANET
J. WICKARD, husband and wife,
Respondents.
No.rnl.D
CLAIM FOR MECHANICS' LIEN
AND NOW, TO WIT, this 12 +day of May, 2011, 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
917 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013, PIN #29-20-1794-042,
0,4,tv s 19.60 P d Off?'1
{00456809/1) CL j± LA C)-7 I <->
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("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 Robert L. Wickard and Janet J. Wickard
("respondents"), an adult married couple with an address of 917 W. North Street, Carlisle,
Cumberland County, Pennsylvania 17013.
4. Claimant files this claim as a subcontractor 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 shingles, installation of chimney flashing and
installation of step flashing.
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 13, 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
$1,915.00. The invoice for the above labor and materials is attached hereto and incorporated as
Exhibit "C".
(00456809/1)
CGA
itted,
PA 20677
135 North George Street
York, PA 17401
(717) 848-4900
(717) 843-9039 (f)
mbutton@cgalaw.com
Attorneys for Claimant
(00456809/1)
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.
submitted,
CGA
Date: May 12, 2011
Marisa "PA 206
Attorneys for Plaintiff
{00459113/1}
FM%Je-01-MGM" Cw4 &W /w.. M • IUF.Mwa/ M xrs,?a„s
IMw, INM. Mb. Mft M
COMMONWMITH OF PENNSYLVANIA
WARTMENT OF REVFNUE
REALTY
ft h 1AAN5EER
f SEPI Cl1 \uti-d
?f SiP 14 P11 4 '"X
ppI?'76110
20 n .1II..:. . ..
MADE THE ?1tr day of September in the year
of our Lord one thousand nine hundred eighty-four .(1984)
BETWE9lV GEORGE W. LOHMEYER and SONIA L. LOHMEYER, his wife, of
Woodstown, New Jersey, hereinafter called
Grantor S,
and ROBERT L. WICKARD and JANET J. WICKARD, his wife, of the
3
Borough of Carlisle, Cumberland County, Pennsylvania, hereinafter
called 3
WIT'NESSETX, that in consideration o Grantee s;
f Fifty-Three Thousand Five Hundred and
00/100-------------------- ($53,500.00)--------- --- --- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant
ae tire to th, old graxtees, their heirs and assigns, as tenants by the
ALL those certain two lots of ground situate in North Middleton
Township, Cumberland County, Pennsylvania, bounded and described as
follows:
ALL Of Lot No. 24 on the hereinafter mentioned Plan of Lots
bounded on the North by lands of C. Cornmanj on the East by Lot No,
23 on said Plant on the South by West North Street extended: and on
the'West by Lot No. 25 on said Plan. The said lot being 50 feet in
width along the said West North Street extended and extending in
depth a distance of 200 feet, more or less to lands of C. Cornman.
ALL of Lot No. 25 on.said Plan bounded on the North by lands
of C. Cornmant on the East by Lot No. 24 on said Plant on the South
by West North Street extended; and on the West by Lot No. 26 on
said Plan. The said lot being 50.feet in width along the said West
North Street extended and extending in depth a distance of 162.7
030 eud,087
EXHIBIT
a
Ie I __..
feet, more or less, to lands of C., Cornman.
THEY being Lots Nos. 24 and 25 on the Plan of Lots known as
"Burr Heights Development", said Plan having been recorded in the i
(. Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 5, Page 47, and improved with a brick
ranch type dwelling house known and numbered as No. 917 West North
Street Extended.
's
BEING the same property which Ronstantinas N. Pylarinos and
Stafroula, his wife, granted and conveyed to George W. Lohmeyer j
and Sonia L. Lohmeyer, his wife, grantors herein, by deed dated
July 31st, 1981 and recorded in the office aforesaid in Deed Book
"M", Volume 29, Page 894.
UNDER AND SUBJECT to all the buildings and other restrictions i
i
attached to the aforesaid Plan of Lots.
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1
,....?..
SeUoel Dist. Comb. Co.. Ps.
Ibd bhb Tn..? tr 43. RW [date Tw..br T.s
9.!1:.:1 AW2A .. W
26 7 Az
Did C.i h! '°s G..? C. DM. CA Ad. ?
AND the said grantor s hereby eovinaat and spree that they
wM warrant generally the property hereby ooxmpM.
IN WITNESS WHEREOF, said grantor s he ve hereunto set their hand s and seat's
the day and year fist above written,
bipeb, litaltb not Mtlb" •? K•?! N40
ih W fro ? G RG V
. ........ V _..-._.;........_...._..._..._..........__ _...... _._.... _....
_..._.........
_...._._?...._..._...
state of Pennsylvania
County Of Cumberland sa.
On this, the W day of s?/ F ,_ . 1984 , before me,
the undersigned officer, pereonalty appeared GEORGE W. LOFJMEYER and SONIA L.
LOHMEYER, his wife,.
'known to mo (or satisfaetorily Proven) to bs the person s whose name s are aubsoribad to the
within instrument, and aoknowkdgsd that they eaeeuted sans for the purposes therein
?pntained:
V IVNESS WHEREOF, I barmen! et hand and o
t _..._ ... .............. »_._._._......_.......... rsur,
Wa & ism RO .4T PUBLIC
!?.w1 n. `. CARLISLER0Af1.. - - , ...._.._... ........_..__. _.
r MY COMMISSION EXPIRES OCR. 3.1994 Tine of Opker.
%
I do hereby certify that the precise residence and complete post Qffi06 address
of the witiein named grantse s is `r17 (I/,I ,It Noi 7?, S7? J Ca .l i/? P? /70 /3
Sel.A 1984
• ?o01IW?? ",?.y.p?9
Attorney for
4'
Mir: ', 2;)1'
Sen'? Certified Mail
Rob,., 1_. and Janet J. Wickard
917V, `forth Street
CarlU,io,. PA 17013
SCANNED
Re: Wyatt Bonsell d/b/a Bonsell Roofing
Notice of Intention to File Mechanics Lien Claim
Subject Property: 917 W. North Street, Carlisle, PA
Cumberland County Tax Parcel Number: 29-20-1794-042
Mr. and Mrs. Wickard:
I represent Wyatt Bonsell d/b/a 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,
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: $1,915.00;
4) Nature and character of labor and/or materials furnished: Claimant agreed to
and did perform removal and replacement of shingles, installation of chimney
flashing and installation of step flashing.
5) Date of completion of work for which claim is made: November 13, 2010; and
6) Description of property subject to the lien: 917 W. North Street, Carlisle,
Cumberland County, Pennsylvania, Cumberland County Tax Parcel Number: 29-
20-1794-042.
{ Oi3456863/ 1 I
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
CG,4' Law Firm, CGA Professional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.
March 7, 2011
Page 2
Please contact us (or your attorney) if you have any questions regarding this notice. If
the $1,915.00 amount due Claimant is not fully paid within thirty days, Claimant will file
a mechanics' lien as indicated herein.
Sinc ,
Marisa Button
MGB/mgb
cc: Wyatt Bonsell
Katie MacDonald
t00456863/1)
(Domestic Only ; ? Insuranc e ? ? ?
r?
r3 For delivery informatio n visit our webs ite at www.usps.com
ru
ra
- Postage s , y
n
ru Certified Fee 3
C3
C3 Return Receipt Fee Postmark
Here
(Endorsement Required)
C3
Restricted Delivery Fee
p (Endorsement Required)
CO
r'
Total Postage& Fees
$
S.S
ti
0 Sent
O Street, Apt. No.;
r%- or PO Box No. 9 l "7
----------------°----- °^-----------•-----------•••---------------°-----------°
C* State, Z/P+44
¦ Complete items 1,,c, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
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 Addressed to:
A. Signatu
X ( Agent
Gt Addressee
B. Received by (Printed Name) C. g&pf Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
M..l? S? .--L
C"J", Is It 10-4- 1 7 01-7
3. Service Type
Cr edified Mail ? Express Mail
? Registered 8'R9lum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? Pdra Fee) ? Yes
2. Articir "
(Tian1 7010 2780 0002 9125 0152
Ps Form 3811, February 2004 Domestic Return f4peipt 102595-02-M-1540
Dec 29 10 04:05p R1aV
0
3230 OskWW Rd
Dover. PA-17315
Bonsell (717)683-2802
Roofing Number 1012
Date 1111312010
Bill To
All Phases Contracting
PO Number Terms Project
Wicker
917 North st.
Date Description OtylHrs Rate Tax1 Amount
9112110 Remove & Replac e Shingles 28.00 565.00 $1,820.00
Chimney Flashing 50.00 $75.00
Step Flashing 10.00 S2.00
$20.40
Amount Paid $0.00 Discount
$0.00
Amount Due 51,915.00 Shipping Cost
$0.00
Sub Total 51,915.00
Sales Tax 6.00% on $0.00 $0.00
Total $1,915.00
0 - 30 days 31 - 60 days 61 - 90 days > 90 days Total
$1,695.00 $5,564.50 $0.00 $0.01)
67,259.50
CHIBIT
C
717-7#4709 p.4
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
.OM ai tr?nbr fi
OFFICE OF THE SHERIFF
FILED-OFFICE
OF THE PROTHONOTARY
2011 MAY 27 AM 9: 4 8
CUMBERLAND COUNTY
PENNSYLVANIA
Wyatt Bonsell
vs.
Robert L. Wickard (et al.)
Case Number
2011-4331
SHERIFF'S RETURN OF SERVICE
05/18/2011 08:20 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 18,
2011 at 2020 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and Claim
for Mechanics' Lien, upon the within named defendant, to wit: Robert L. Wickard, by making known unto
himself personally, at 917 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents
and at the same time handing to him personally the said true and correct copy of the same.
NOAH CLINE, DEPUTY
05/18/2011 08:20 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 18,
2011 at 2020 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and Claim
for Mechanics' Lien, upon the within named defendant, to wit: Janet J. Wickard, by making known unto
herself personally, at 917 W. North Street, 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.
NOAH CLINE, DEPUTY
SHERIFF COST: $50.44
May 19, 2011
SO AN RS
Y RAND
ERSON, SHERIFF
NOTARY
Affirmed and subscribed to before me this
day of
Icy COLT YSUlte Shenff. Teiecsoft. Inc.
k %
NOTAR
911 AUG 24 FM 2.21E
rUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WYATT BONSELL d/b/a BONSELL
ROOFING,
Claimant,
V.
ROBERT L. WICKARD and JANET
J. WICKARD, husband and wife,
Respondents.
No. 2011-4331
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 23, 2011
{00509955/1}
Respectfully submitted,
CGA LA FIRM
I 1hpi
aria utton, Esquire
PA 206767
135 North George Street
York, PA 17401
(717) 848-4900
(717) 843-9039 (f)
mbutton@cgalaw.com
Attorneys for Claimant
am+* g, toed a*y
Ck-41 Ll 90 (0 s
0a? 6 '?? ??
ti
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:
Nichole M. Walters, Esquire
Addie Abelson
Elder Protection Clinic
45 North Pitt Street
Carlisle, PA 17013
Counsel for Respondents
Respectfully submitted,
CGA LAW FIRM
Date: August 23, 2011
(00509855/1)
2
v
Brett V. Kendig, Paralegal