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HomeMy WebLinkAbout11-9564COMMONWEALTH OF PENNSYLVAINIA Cumberland County 13 Civil Division BOUCH CONSTRUCTION, Plaintiff. IN THE COURT OF COMMON PLEAS Of The Ninth Judicial District vs. 2011-09564 Civil Term RICHARD P. HART and NANCIE J. HART, Defendants SERVICE OF PROCESS I, Jeffrey Riddell, hereby certify that I have served a copy of the ORDER TO SHOW CAUSE and the PETITION TO ESTABLISH AND ENFORCE A MECHANICS L61EN, case number 2011-09564, upon both the defendants in the following manner: 1) By posting a copy of the Petition and Order conspicuously on the premises 4915 Whitlock Lane, Mechanicsburg Pa. 2) By posting a copy for each defendant of the Petition and Order at the last known address of of the defendants at 5154 KY lock Rd, Mechanicsburg, Pa. 3) By Sending a copy Certified Mail , return receipt requested, to both defendant at 4915 Whitlock Lane, Mechanicsburg, Pa. 7012 1640 0001 7955 8589 4) By sending a copy, Certified Mail Return Receipt requested, to both defendants at 5154 Kylock Rd, Mechanicsburg, Pa . _ 7012 1640 0001 7955 8596 5) And by Sheriffs Service. --- v)el ?i leffr iddell, Bou h Construction 450 pine Hill Rd. Hummelstown, Pa. 17036 202-304-2642 Dated this day Ir 2013 The Court of Common Pleas THE COMMONWEALTH OF PENNSYLVANIA Cumberland County Bouch Construction, Case No:11-9564-MLD Plaintiff C= -O:x C...x ___4 VS. Civil Action-Law rnC0 3mo =--r" =M -0 -0 rn "o C) "C:1 C) RICHARD P. HART and >C-) = C_J NANCIE J. HART. Defendants CO X MOTION FOR DEFAULT JUDGMENT COMES NOW,Bouch Construction,and files this motion for default judgment against the defendants,and for reasons says: 1) That the plaintiff filed a Petition to Establish and Enforce a Mechanics Lien on Jan 4 2013,. 2) That on Jan 25, 2013 this court issued a Rule against the defendants to show cause why the relief requested should not be granted; and further, 3) Ordered Plaintiff to serve the aforementioned ORDER upon the defendants in accordance with the Pennsylvania Rules of Civil Procedure; and further, 4) Such Order was returnable within 20 days from the date of service,and further, 5) That the plaintiff returned a Service of Process according the Rules of Civil Procedure; and further, 6) Those defendants having been served with process and failing to answer or plead to plaintiffs Complaint filed with the court,an entry of default is proper herein. WHEREFORE,this plaintiff request this Honorable Court to enter an ORDER of Default Judgment and grant the relief requested in the complaint and such further relief as the court may deem just. Respectfully Submitted: DATED- 3/--2413 J es J. Boulh CERTIFICATE OF SERVICE 1,James J. Bouch, hereby certify that I have mailed a copy of the forgoing Motion for Default Judgment to both defendants at the addresses listed below. I have also served a copy of the aforementioned by placing a copy conspicuously on the premises listed below: 4915 Whitlock Lane Mechanicsburg, Pa 17055 and: 5154 Kylock Road Mechanicsburg, Pa 17055 BY: DATED:-3 AM Ja es J. Bodch ding BOUCH CONSTRUCTION, Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT RICHARD P. HART, JR. and 2011-09564 CIVIL TERM NANCIE J. HART, Defendants MECHANICS' LIEN IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this day of September 2013, upon consideration of Defendant's Motion for Summary Judgment, it appearing that Plaintiff has not met the requirements for a mechanics' lien by failing, inter alia, to give the owner a formal written notice of his intention to file a claim, as required for subcontractors by 49 P.S. § 1501(b.1), Defendant's Motion for Default Judgment is DENIED. THE C URT, Thomas A. lacey C.P.J. Distribution List: Bouch Construction 450 Pine Hill Road Hummelstown, PA 17036 'Jeffrey Riddell ' P.O. Box 100 -0a —� Hershey, PA 17033 zm r n r-1 ichard P. Hart, Jr. C Nancie J. Hart 4915 Whitlock Lane ' Mechanicsburg, PA 17055 c ' ' 0INC Bouch Construction, : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA Petitioner . v. : DOCKET NO. 11-9564-MLD Richard P. Hart,Jr. and .• Nancie J. Hart . Respondent . PRAECIPE TO RELEASE AND SATISFY MECHANIC'S LIEN TO THE PROTHONOTARY: Please mark the above mechanic's lien released and satisfied as against the property known as 4915 Whitlock Lane, Lower Allen Township, Cumberland County, Pennsylvania, 17055, Lot No. 1, Tax Parcel No. 13-26-0247-001. Respectfully submitted, By: ars-a-�.c.-- 16""'"1---, , - James J. Bo 450 Pine Hill Road mu, Hummelstown, PA 17036 .V.J ., r (717) 566-1758 -<:' cr Petitioner - .c ._ COMMONWE TH OF PENNSYLVANIA „: _ COUNTY OF eygt.u49.,i_o :ss: On this, the /p'yday of ai-p s. , 2013, before me, the undersigned officer personally appeared James J. Bouch, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. e COMMONWEALTH OF PENNSYLVANIA _ K Notarial Seal Notaty Cuong C.Clang, My Commission Expires: Hampden Public Mom a14 fir,Pennsylvania Association o f Notaries $Q. 5D,a c /5/41474 eVi e Mem e#- V g#a'? 9s7