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HomeMy WebLinkAbout12-6678LAW' OFFICES OF PETER J. RUSSO, P.C. ~~;• ~;~~~''kL ' ~•`r ' Attorneys For PREMIER SIDING AND ROOFING OF PA, LLC 1 ~;• ' ~~ BS': Peter J. Russo, Esquire 201 ~ 4C"~ 3 ~ ~~ ~" PA Supreme Court ID: 72897 CUM6~~L~Pit~ ~i;U;~i ,r Paul D. Edger, Esquire PENNSY~-~~~~'~' PA Supreme Court LD: 312713 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: ~russo~~~rl law.com Email: ped~er(a~pjrlaw.com PREMIER SIDING AND ROOFING OF PA, LLC, Claimant ~~. MICHAEL S. and MARY D. HEIMBUCH, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: ~; ~ ~ ~~j MLD TERM MECHANIC'S LIEN MECHANICS' LIEN CLAIM AND NOW COMES Premier Siding and Roofing of PA, LLC, ("Premier Siding")„ by its attorneys, Law Offices of Peter J. Russo. P.C., files this Mechanic's Lien Claim, and, in support thereof, ati~ers as follows: 1. Claimant. Premier Siding and Roofing of PA, LLC. is a limited liability company and existing under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 2. The owners of the property subject to the lien are Michael S. and Mary I). Heimbuch with a principal address of X16 Ricky Road. Mechanicsburg, PA 17055. A true and correct copy of the deed to the property subject to the lien is incorporated herein, made a part hereof, and attached hereto as Exhibit "A''. ~,~~ ~ a1. Sofia G~~-S~~rs 1 3. The property subject to the lien is 416 Ricky Road, ?Mechanicsburg, PA, 1.7055, also known as tax parcel number 42-27-1886-056. ~. (~'laimant is filing this claim as a contractor under the Mecha.nic's Lien Law of 1963.49 P.S. ~ 1101 et seq. 5. The last date on which Claimant completed the work for which this claim is being made was September 18, 2012, which is less than six months from the date of this ling. 6. The amount claimed to be due is Two Thousand Six Hundred Three and 90/100 ($~,~i03.90) Dollars. 7. The improvement and property claimed to be subject to the lien is a full siding replacement on the real property located at 416 Ricky Road, Mechanicsburg, PA 17055 wherein Claimant whereby to furnish all labor and materials needed to complete a full roof replacement. A true and correct copy of the written proposal is attached hereto and incorporated herein as Exhibit "B". WHEREFORE, Plaintiff, Premier Siding and Roofing of PA, LLC, claims to have a lien upon the premises herein described in the amount of Two Thousand Six Hundred Three and 90'100 ($2,603.90] Dollars, plus interest, costs of suit and such other and further relief as the Caurt may deem appropriate. ~spectfull fitted, ~~: .. ~ BY: L FF .J. RUSSO, P.~'. Peter J. Russo, Esquire Attorney LD. No. 72897 Paul D. Edger, Esquire Attorney I.D. No. 3 ].2713 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 1705U Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff Date: __~ (_ ~~~,,x; :'>~{ I ~~. ~ i ,.l t ~ ~:% .'t 3V i..R V LJ I` I f1 t.7 F ~ 9 1 9 lr L1 4J ! ! ~.,~ V L~ 1Yt ~'~d ,~`! ~'` L. ~. 1"4 Y ~ T ~IiTi - - ~ a ~. .._ ~_ . _.__~ z~~' ~°`~°~~rt~i~r `~iclira~; ~d ~~c~s~titl~ c,f ~' '~ ~" + ' ~ t t~~ -. ~ _ t~~FF~~-yy~s ¢s[~~~(zy~tcy~~y~~~~r~ i~~ 6~~h[zilf :'t~~.i~. 1 ~`~k~~gvkq~; ep{~~~~c~( ~hc:f t -, . ~f. ~~.~t Iti 4.tf~ @~T~~.~`-~C6 AA.l~ 1.~~ ~. t.. _>~i L 't ., i~~'_ ~.ll i1i~.~ t~~.r-°~d t - is S.. - ,- ~ }tt~C~C,i"°<I.~ti '. ft,:Ai ..t.": :tt .c.~ :'pi , ,it:CC'.21°t i$t'C'. ?`1f1+~.`, t':. _. L:i„ .. ~ Sf< s~ (t.I ~t''><i1.1IE4', ~t3 Li~S'aC Y1 ~cLa.>(,.1~i1!"1~4)T2 ~C~ .1~lCt~l£~2'}€l~`~, `+ EXHIBIT "A" ~i5~`f ~~~ :Parcel ID # 42-27-1$86-056 This Indenture, made we 2~1 nay of ~1N~_ ~ ~0~1 . Between BIa;NJAININ J BARDO AND LYNN BARDO, HUSBAND AND WIFE, AND CLYDE C. BARDO, WIDOWER (hereinafter called the Grantors), of the vnf: Part, and MICHAEL 3. HEIMBUC'H AND MARY D. HEIMBUCH, HUSBAND AND WIFE (hereinafter called the Gramees), of the other part, WitA6SSeth, that the said Grantors for and in consideration of the sum of Two Hundred Three Thousand Nine Hundred Dollars 001100 ($203,900.00) lawful money of the United States of America, unto them well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do great, bargain and sell, release and confirm unto the said Grantees, as tet}ar~,ts by the entirety ALL THAT CERTAIN lot or piece of ground situate in Upper Allen Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 9, Block "B", in Revised Plan No. 2, Park I3'ills West Plan of Lots, recorded is the Cumberland County Recorder of Deeds Qf £ice in Plan Book 21, Page 60, being more particularly bounded and described as follows, to wit: BEGINNING at a poim on the Southern line of Ricky Road at the dividing Tine between Lots No. 8, Block `B", and No. 9, BIock "B", said point being 623.21 feet measured in a southeasterly direction from the projected right-of--way line of Ricky Road and Park Hills Drive; thence along the southern [ine of Ricky Road by a curve to the left having a radius of 220 Feet an arc distance of 25.11 feet to a point; thence continuing along Ricky Road by a curve to the right, having a radius of 15.00 feet an arc distance of 22.60 feet to a point; tbence continuing along Ricky Road Soutrt 28 degrees, 51 minutes, 49 seconds East, a distance of 25.+48 feet to a point; thence continuing along Ricky Road by a curve to the left having a radius of 50,00 feet an arc distance of 55.91 feet to a point at the dividing line between Lots Nos. 9, Block "B" and No. 10, Block "B"; thence along the dividing Brae between Lots Nos. 9, Block 'B" and No. 10, Block "B" South 02 degrees, SS minutes, 56 seconds East, a distance of 117.67 feet to a point at lands now or late of Fred G[aue; thence along lands now or late of Fred Glaize South 85 degrees, 33 minutes, 8, Block "I3" and No. 9, Block "B"; thence along the dividing line 'between Lots No. 8, Block "B" and No. 9, Block "B" Narth 07 degrees, 38 minutes 59 seconds West:, a distance of 170.67 feet to a point on the southern line of Ricky Road, said point being the place of BEGINNING. SUBJECT to protective covenants recorded in the Cumberland (bounty Recorder of Deeds OiJ'iae on January l3, 1969 in Misc. Book 184, Page 405, as amended. SUBJECT to Deed of Easement recorded in the Cumberland County Recorder of Dec;ds Office on October 9, 1973 in Misc. Book 206, Page 270. BEING the same premises which Arthur J. Diaz and Robyn L. Diaz, husband and v~~ife, by Deed dated September 30, 1997, and recorded October 3, 1997, in the Office of the Recorder oi' Deeds in and for the County of Cumberland, Pennsylvania, in Book 165, Page 676, granted and conveyed unto Benjamin J. Bardo, single man, and Clyde C. Bardo, married man, in fee. AND THE SAID Benjamin J. Bardo has since married Lynn Bardo and she is joining in Title to relinquish any and all rights, title and interest by ~zrtue of marriage, .AND THE SAID Clyde C. Bardo's wife, Catherine M. Bardo thereafter departed this life, wherein and whereby title to the here and described premises is vested in Clyde C. Bardo by operation of law. " ~~Ogether with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and al] the estate, right, title, interest, property, claim and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same. To have and to hold the said ]ot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the or..ly proper use and behoof of the said Grantees, their heirs and assigns, forever. find the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that they, th.e said Grantors, and their heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against them, the said Grantors, and their heirs, will SPECIALLY WARRAPvT AND DEPEND against the lawful claims of all persons claiming by, through or under the said Grantors but not otherwise In Witness Whereof, the parties of the first part have hereunto set their hands and seam,. Dated the day and year first above written. Sealed and Delivered 1N THE PRESENCE OF US: Commonwealth of Pennsylvania County of Cumberland } ss J '' ~, fj~ ~~""" ~~SEtiL} enjami Bardo ~~~ _.~i SE~~L} Cly e C. Bardo ~ __ { SEAL } yn( Bsrdo On this, the ~_ day of u~ ~~ before me, the undersigned 'Notary Public, personally appeared Benjamin J. ardo, married man, I.,ynn Bardo, his wife and Clyde C. Bardo, widower;, [mown to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and aclrnowledged that they executed the same for the purposes therein contained. IN WfI'NESS V~rfiEREOF Y hereunto set my hand and official seal. COMMONWEALTH OF PENPTSYLVANIA NOTARIAL SEAL ~Yl~~ ~~~ „ ~ 0 KELLY A. BIRDSALL, Notary Public W~-~~ -~ - Ne~h~ Cumberland Boro.,Cnmberland Co. Nota~ c ltiiy Commission Expires June 18. 2013 My commission expires The precise residence and the complete post office address of the above-named Grantees is: yip ~ ~zl~ i'ce' ~.~-- On ehalf ofthe Grantees ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number -~ 201122504 Recorded On 8/3/2011 At 10:11:23 AM * Instrument Type -DEED Invoice Number - 91065 User ID - ES * Grantor - BARDO, BENJAMIN J * Grantee - HEIMBUCH, MICHAEL S * Customer -STONE * FEES STATE TRANSFER TAX $2,039.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES -~ $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $1,019.50 DISTRICT UPPER ALLEN TOWNSHIP $1,019.50 TOTAL PAID $4,190.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA E CIJ RECORDER O t7eo * -Information denoted by an asterisk may change during; the verification process and may not be reflected on this page. ~i~ii~iiiMiau EXHIBIT "B" ~~ _ .Siding and Roofing of P'A, LLC , 152 South Hanover Street, Carlisle, PA 17018 C3~€rce; {91'7) 61l9-19?1 • Toll Frei: 1877j 717-?193 • Fax: {717) d20-35U2 0 F , ~NStIRANCE RECOVERY AGREEMENT ' r ~ T1~7s Agreement is suh}ec~t to Insurance Coxepany Approval ,~ '~' lAny Cr~hrittua#,o„ csk'the pWprr~,eri wo,ir and ,mteria'~e descr~tioa appeariag inn a separate documeat shalVt~e incor~~rated`ittta this Agteemktta. r Cii"1r'': -~`.+~~u>~'_ -_ STA"T L: _PA Zt~ C <)T7F ~_7_as JOB SP~+C:i1F`iC~'I'~~S . __ _ ~---~-t ., w, ., r ~nf~h,ngte. _..._.. __ a ^Style ctf Sht . .. ..~"'' . l 1Rtdge Material. ~ ._.... ---- C~ 'Gear t = Y e~- 'YU yrrs f ~ L7 ' ~ atsle;~~,ntter&i#2)[JtJat WalkablciCNer7}l2) ~:1`-Ib Fch e"~'t)<th Helt SIVIIVG, "~f3ra„d: ~~s~,U c~St>tc: ~t~G~d'~ ,_ C1CQ#c~r ~~t~~ .___...._._.. Pa3ta1 Ytihdfh' '.. ;~1° lY4 l,~ ~i `, ~3t, ,z .. Panel PrerUle: ~},7uuhlap ~ 3Straighdap 1`~fleadeil ;Geier- _ _.~ ve ~t;. stall tl~ ._.~_ __ eptace ctt~ujtte~,.,. ~ ' ~tu~crexi'Kais~Pane# ( 1C'c,lar: t~tLC _~ PAYM6:NT St.HE;Dt~LF, -ah. reemc:nt :'~mc+uttt: $ ~u le~ne~r3t- $ t°)verhe~td li Profit, ~ 'f<>tai C'c~ntract frit;e: $ ,,,~ ~. ~~ Sup~{etneat Tvtal+Iot;~l Ct,ntract Price; $ NLEASE, i•i.~iCE ALi, ['Ht:CKS FA~',ABitE "CU: PREitd[ER 31L11:~`G & r!2t-C7t~iNG OF YA, 1.i.C. --- Deppsit lie LJpan Insw~ance C'ompanv Apttrocal C~Jate ~ t- Pa,d: ~' ~`- a Cheek# J ~ Amotint ~ ~~r>~ ~'~ Secifnd Pa~mcytt C)ue C~ an Delivery D#Ivtstcrial >7atc ____ t'aid: Check z Amount 13alance Due U rpn Cast let,tttt C)acee Paid C'bccA r1 Amuuut ~ S,tLA.AiCF, S _~,,,~ ~~ce Gable Gcnt(s} ;lies C7, "- _~S~uue :. Round L.~ Trianuular C.'„Ictr:~ S '~a`.lastctirtns: ~< ,A('liNUA`I,EDGME'~t , AH check,, file-lading supplement check,, issuad'o} the insuranc~audlarMc~rtgage Cumpan5~ in Rayment to[ the 5cn ions peas ided herein r~tafl 1'~t thaCnstQ[rusrand ['ramict Srd,u~-~ R<wting of €',~, LLt as vo-payees f`astomer'x faitials ~_ ~~' ~ Premier Siding & Roufin~ of i'.a, t:.tfi ,~ ~'~>~ ~~~~ ~'ermst 1~is:4,greeanept dies nntulztigste you-the #1o,neuticner. rzr PreroSer Siding.K kot,fmg ot'T t, to C, uts{rss it is approved by~ ronr,asurerxe cvmpan~~ and a~ceptud krc Irre,n,cr Siding & Rec,ti~ ufP,A, T.2,C. i3~ signing this Agreement, wu authtrrve Premier Siding &: ELooPi,ag ofYr~_ LLC' to pursue yc,ur tx~st nuerests at a price agn:eable try the InsnrattceC,ampaay and Premier S,ding & Roofing of PA, 1.#.C without aay cost to you except, for your insurance dcducuble and supp(cmentat ctaims bil#ed by Preutier Siding & Rrtuftng it#`PF1, LLC on yang behalf and approved b}' yow~ tnsuraricr cbmpaati. Any additioi3al svnrk or cosy increases u~i#1 hea~me part c~# this a~raenacnt. Any upgradesA~Fsdditra„al'utarh ret#ursted ~ ~'ou and not appmved by ytn,r iasnranee company; will he your financial respon.ibility and is natpart of tbis agreement. ti W'ITtvHSS S~'NRRE-f.)1=' Bet~er{s) sCknpx~lcd~e rcteipt ut n completed sopy~ of"this r~grremcut on the dsv andyearwritten above. U~~"Shave read, understand, aad accept the terms included an the treat sad hack a(this igreemrat. ~,{tp,oced bq (~1stilmer i?ate ~7`j~ 5~%~,tatur - ~~ k?,rittt: ;1}tprv4ed ty ~ ustorncr I3at~: Sigt~stutr~ Yrrnt ~._ ~.. :lcccptcd by P~cmter Sidi,tg & R:xt#atg raf PA. LLC oft i}ate ~- t"~ -1... Sig„atur~~ t'r,ni ,~ t.n ~-.~-~"-'=~ __...~ Insurance f.`o,npaav .. _._ Claim '~' _.,~ SHERIFF'S OFFICE OF CUMBERLAND COlJtVTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOi1Cit0r ~a~riX!' pt ~ui~t~~~,j,~h~ ~' ~ ',,;ter, ~ ~~ €F4~ c ,:, 'hc ,,wGi~fF~ ~~" T~iE f'ROTN4NCI'"t--~~`~ ~o~2HOV -9 qM S= ~~ CUMBERLAND Gt7UNTY PENN~YLVANlA Premier Siding and Roofing of PA, LLC Case Number vs. Michael S. Heimbuch (et al.) 2012-6678 SHERIFF'S RETURN OF SERVICE 11/02/2012 05:57 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Mechanics Lien Claim by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael S. Heimbuch at 416 Ricky Road, Upper Allen Township, Mechanicsburg, PA 17055. J ON KINSLER, DEPUTY 11/02/2012 05:57 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Mechanics Lien Claim by "personally" handing a true copy to a person representing themselves to be the Defiendant, to wit: Mary D. Heimbuch at 416 Ricky Road, Upper Allen Township, Mechanicsburg, PA 17055. JA N KINSLER, DEPUTY SHERIFF COST: $54.45 November 07, 2012 ,,,;~,. SO AN RS, R R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of iCi Ccur;ty&~iie SI?erifi:'Iblacson, rc.