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HomeMy WebLinkAbout04-6388 Group & Group Excavating LP 1545 Holly Pike CarIisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 1800 High Street Corporatiou, a Pennsylvania Corporation, 34 Teaberry Drive, Carlisle, PA; and, Angel Pablo Oliva, individually; and, Carlisle Diner, Inc., 800 West High Street, Carlisle, PA; and, Ruben : DOCKET NO: 0 Y - l. 3 Sf fV\ ~fJ . Lemus, individually; and, Craig Berdenier, individually,: 1434 State Road, Duncannon, PA, 17020. MECHANICS' LIEN CLAIM 1. Claimant, Group & Group Excavating, LP, files this claim against 1800 High Street Corporation, Angel Pablo Oliva, individually, Carlisle Diner, Inc., Ruben Lemus, individually, Craig Berdenier, and any other joint owner of record, and against the property, building and improvements erected thereon at 800 West High Street, Carlisle, P A 17013, for the payment of debt due to Claimant as a subcontractor. 2. Claimant, Group & Group Excavating LP, is a Pennsylvania business corporation with a principal place of business of 1545 Holly Pike, Carlisle, PA 17013. 3. A record or reputed owner of the property at the time of furnishing the labor, goods and materials and the attaching of the lien therefore is 1800 High Street Corporation, by and through its agent Angel Pablo Oliva, with a principal place of business located at 34 Teaberry Drive, Carlisle, PA 17013. 4. Carlisle Diner, Inc. by and through its agent, Ruben Lemus, is also a record or reputed owner as a tenant for years as evidenced by a written lease agreement dated May 9, 2002 as amended. 5. Carlisle Diner, Inc., and 1800 High Street Corporation are both herein known as "Owners" ofthat certain real property at 800 West High Street, Carlisle, PA, 17013. 6. The Claimant, Group & Group Excavating, LP, orally contracted with Contractor Craig Berdenier with a principal place of business 1434 State Road, Duncannon, P A, 17020. A true and correct copies of all pertinent invoices between the Claimant and Craig Berdenier are attached hereto and incorporated herein as Exhibit" A" 7. The new construction and property claimed to be subject to the lien is known as the Carlisle Diner, located at 800 West High Street, Carlisle, P A 17013, whose property is more fully described in Exhibit "B" which is attached hereto and incorporated herein. 8. The original contract price for the materials and labor, specifically set forth in Exhibit "A" is Four- Thousand Three-Hundred Seventy-One and 98/100 ($4371.98) Dollars plus applicable interest at a rate of One and One-Half Percent (I 1/2%) per month. 9. The principal amount still due as of December 21,2004, is Four-Thousand Three- Hundred Seventy-One and 98/100 ($4371.98) Dollars plus applicable interest at a rate of One and One-Half Percent (11/2%) per month. 10. The last day on which Claimant completed the new construction and excavation of the addition was August 27,2004. II. The work and materials supplied in the new construction and excavation for an addition to the liened property were the following: I) Skidloader Load Concrete, 2) Mack Triaxle and Trailer Haul Skidloader, 3) Mack Triaxle Dump Haul Broken Concrete, 4) Triaxle loads of Topsoil, 5) Grass Seed, 6) Limestone, 7) 6.5 Ton of2b Stone, 8) Skidloaders of Pavers (Wall Block) and all labor and activities associated therewith. 12. The materials used by Group & Group Excavating, LP, for the purposes stated herein were delivered to the site and used for the purpose of the new construction and excavation at the site of the Carlisle Diner. 13. On or about November 10, 2004, Claimant sent to Angel Pablo Oliva, as agent for 1800 High Street Corporation and to Ruben Lemus, as agent for Carlisle Diner, Inc., by regular and certified mail a Notice ofIntention to File Mechanics Lien, a copy of which letter and certified mail receipt is attached hereto as Exhibit "C" and incorporated herein by reference. WHEREFORE, Claimant claims this lien upon the premises herein described in the amount of Four-Thousand Three-Hundred Seventy-One and 98/100 ($4371.98) Dollars, plus any applicable interest as stated herein, together with court costs, attorneys' fee and other relief deemed just against the owners of said premises. Respectfully Submitted, Salzmann, Hughes & Fishman PC By: ~1/(7J( e(e Kelly M. , Esq. 95 Alexander Spring Road, Suite 3 Carlisle, PAl 70 13 (717) 249-6333 Supreme Court J.D. No. 93167 Attorney for Claimant, Group & Group Excavating, LP. Date: December 21,2004 S'I h( b'lt .< H ,( ..- , ~ 9'vroP & Group Excavating La) (545 Holly Pike Carlisle, P A 17013 Phone (717) 258-9000 '-':F(}~(>2 Date Invoice # , 8/31/2004 245 8ill10 Carlisle Diner at1/6- f;W~'t>~NIE'I( N 2 i/ YTJ1 ~ /?o,f 0 DV.vC;jNNt7A/ ,r.:'A 170;2.0 , / c.a-L * 7/7-%,,)6- 2/7{ P.O. No. Tenns Project - Quantity Description Rate Amount Re Carlisle Diner 3 Labor Charles Koser 7/28 30.00 9000 1.5 404- 85 Chevy C-70 Charlie 7/28 50.00 75.00T 4 Juan Carlos Prado- Davila 7/28 20.00 80.00T 1.5 Mack T riax]c and Trailer Hual Skldloader Carl 75.00 112.50T 8/12 I Mac.k Tri~le and Trailer Hual Backhoe Carl 8112 75.00 75.00T 2 80 Mack TriaxJe Dump Hual Broken Concrete Carl 60.00 120.00T 8112 35 85xt case Skidloader Load Concrete Carl 8/1 2 65.00 227.50T 0.5 85xt ca~e Skidloader Load Telephonc Pole 8/12 65.00 J2.50T 4.5 580 Super L Charlie SIl2 65.00 292.50T 1.5 Labor Charles Koser 8112 30.00 4500 6 Juan Carlos Prado- Davila 8/12 20.00 120.00T 2.75 580 Super L Don 8/] 2 65.00 1 78.75T 2.75 90 Case Skidloader 1845C Don 8/12 65.00 ] 78.75T 0.5 Labor Don Group 8/1 2 4000 20.00 Thank you for your busillCSS Sales Tax (6.0%) Total Payments/Credits B3!w81lllce [Jlrt,qec -. Page 1 ~ )dlt tj;+ i1 " \1 rl I & Group Excavating LP dolly Pike .isle, PA 17013 ,one (7 J 7)258-9000 ...,. " .f; t-:. ';r (). ~ !C f~ Date Invoice # Sf} l/2004 245 Bill To Carlisle D~ner P.O. No. Tenns Project Quantity Description Rate Amount I Mack Triaxle and Trailer Curl 8/23 HuaJ 7500 75.00T skidloadef 4 Triax\eLds of Topsoil 200.00 80000T 2.5 Labor Don Group 8/23 40.00 100.00 \.5 Labor Luis Perez-Reycs 8/23 20.00 30_00 4 85xt case SkidJoader Spn:ad topsoil Luis 8/23 6500 260_00T 5.5 Victoria Davilia-Rodriquez 8/23 20_00 110.00 Grass Seed 30.00 30.00 Union Quarries lnw 93-635 J 98 238.03 238.03 Overhead on materials or bills 10 ,00% 23.80 Thank you for YOllr business. Sales Tax (6.0%) $157.65 Total $3,47\'98 Payments/Credits $0.00 Ba,il9:!i?,ce Ojfl~e $3,471.98 Pf\O.f'>:? 11/20/04 02:58pm P. 001 Group & Group Excavating LP 1545 Holly Pike Carlisle, P A 17013 Phone (717) 258-9000 hrnlonce Date Invoice # 8/27/2004 326 Bill To A~-t~'. k e \ \ey Craig Berdenier 1434 State Road Duncannon, Pa 17020 P.O. No. Terms ProjlK:t Quantity Description Rate Amount Re Carlisle Diner Retaining Wall on 8/27/04 Carlos, Luis, Carl, Don Group Jr 470.00 470.00 1 Single Axle load of Topsoil 125,00 125.00 2 2 Skidls of Pavers (Wall Block) 120,00 240.00 6.5 6.5 Ton of2b Stone 10.00 65.00 Thank you for your business. Sales Tax (6.0%) $0.00 Total $900.00 Payments/Credits $0.00 lBalalllce OlUle $900.00 ~~U~B~~ I o ~nx /)1:11________(!' _1~::r_ ~::.~ ~~_' -,_I IN\/O;CF \'.\Ul'viB'ER S':] r. ",-, ('I ~ v"'_"',,"_' fl\)VO!c.[Cf~rt; ~~//=;;./0:! ,71 ?) 2/~9-~;o12 F/\X (71l) 2t19-0~)?1 CUSiO!\'l:::R NUiV13ER ~~::~5,;f) ;to (0 i' pGt P/e 0,'\ f" portion ["('mii,,: Gr\:oup D GROU~ JSQS 1-IOl.L Y PIK~: -I UNlor,101 p ,~ 1:.1' "1.!:.\ CARL ISl [, ~~A 1701:; l!II(OUl"/\J7 CH<\Hl;f I_~l: ) Hr'_', FHf'; ..\NN\)",~ rJN r~.sr nus I\CtUL'NTS "".- ---.--.--... N fT 3 0 :~,~~ --c~o r4-~T:~SO-C-~:j,.::I::-- -- - T . - - ~:~j~fi~;::-(r,; :'~--' "---11 - "-;;;JMB"~. O,;:OAO'--) - '-(0UR ;r);i NU-,..j[,ER-" -- - r-----.-'CfO;,;,-;;O-i;U;;;B-,~l...-L-. r--- - __:CJ - --:;~ci,'~-,,"o-eMA7iON----'---1 "~~~i=~~~-'~~=.-~."-~..'=::9}i~,"d,o;;..~.~'._.=.:_...=::==::..r~~~U:jjT;T:~~~=~.':i~'i~.~=~:~=____I_.-='-'---'~-=..~vi~~r..~:..-~'-L~-_--~...~":, ! 28 LJN~:TOr!C (l,n~;HTO }}~~7 I 3:,.:)d 7.0D/Trl 22q.SS :~T,C,T[ Sr;LE:: T{\,~: ~ C.00<;; 13.11.7 I I I I [ I I .' .r'~;;.~-lr;::~!An~T-J)['~{.Li(~R~'---T'--~~'I.E;; r;~~"- i' ) i __;~:;.-.1.-: S GJ ,._ ____ __',. _'0_._~...9.l_.",_,_, __._~<____o A Q..cl.___.___.._J._~_Lq-z__. I i __L____ I I I __Lu___. :,i <;".t~S ---'I I ~--_._--._,.-.-.__,,_.?~JL-'z 3 J ~ r-Ic.:VCtVCLI lr.l: I"\OV~C'vtvn"lr." ".;. GOOD CONon-ION EXCEPT AS NOTED ON BACK RECEIVED L-=:!. NET .'__''- ___ _'~~,:::~.~'\~:' ('~_':-:;:_~:~ " ., BY X ______________________.______ PUACHASEA OR AUTHORrZED REPRESf:;NiATIVE " Ii ") r; fh; /1 0 R (~ 93 - ."\"---.(.:"1'"1.).) ii'"' -'- -- -- .~""'- ........ --._----- ;r~';'"""!.~-~";;~:,~; .~. ~..: ~~:_:..-' ~'7":"'~: ~-=:::-:-~=--~~-,--- --'.- --'-"-'-'-'-"-'" ~"""""--- EXlUBIT "B' ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the intersection of the Easterly line of a 24-foot wide lane with the Southerly line of West High Street; thence Eastwardly along the Southerly line of West High Street, One Hundred Seventy-Six and Five tenths (176.5) feet, more or less, to a point on the line ofland now or formerly ofJ.E. Bumbaugh, et ux; thence Southwardly along said land, One Hundred Twenty- Eight and Five tenths (128.5) feet, more or less, to an iron pin on the line of the land of East Pennsylvania Conference Association of Seven Day Adventists; thence Westwardly along said land, One Hundred Four and Seven tenths (104.7) feet, more or less, to an iron pin; thence Southwardly along said land, Eighty (80) feet to an iron pin; thence Westwardly along a line parallel with the center line of West Pomfret Street and Thirty (30) feet Northwardly therefrom Seventy-Nine and Five tenths (79.5) feet, more or less, to an iron pin on the Easterly line of said 24-foot wide lane; thence Northwardly therefrom along the Easterly line of said lane, Two Hundred Seven and Five tenths (207.5) feet, more or less, to an iron pin, the place of BEGINNING. fy. h\b It .' (?)" (y. h ;(Jd-- "C 'I NOTICE OF INTENTION TO FILE MECHANICS' CLAIM November 8, 2004 1800 High Street Corporation ATTN: Pablo Oliva 34 Teaberry Drive Carlisle, PA 17013 Dear Mr. Oliva, This is to notifY you that Group & Group Excavating LP, of 1545 Holly Pike, Carlisle, PA, 17013, intends to file a mechanics' lien against the following described property known as 800 West High Street, Carlisle, PA 17013: ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of Carlisle. Cumberland Connty. Pennsylvania, bounded and described as follows: BEGINNING at an iron pin. the intersection of the Easterly line of a 24-foot wide lane with the Southerly line of West High Street; thence Eastwardly along the Southerly line of West High Street. One Hundred Seventy-Six and Five tenths (176.5) feet, more or less, to a point on the line ofland now or fonnerly of J.E. Bumbaugh, et ux: thence Southwardly along said land. One Hundred Twenty-Eight and Five tenths (128.5) fect. more or less. to an iron pin on the line of the land of East Pennsylvania Conference Association of Seven Day Adventists; thence Westwardly along said land. One Hundred Four and Seven tenths (104.7) feet, more or less. to an iron pin: thcnce Southwardly along said land. Eighty (80) feet to an iron pin; thence Westwardly along a line parallel with the center line of West Pomfret Street and Thirty (30) feet Northwardly therefrom Seventy-Nine and Five tenths (79.5) feet, more or less, to an iron pin on the Easterly line of said 24-foot wide lane; thence Northwardly therefrom alOllg the Easterly line of said lane. Two Hundred Seyen and Five tenths (207.5) feet. more or less, to an iron pin, the place of BEGINNING. The party with whom Group & Group Excavating LP contracted for the new construction and excavation for an addition to the Carlisle Diner, 800 West High Street, Carlisle, PA 17013, is Craig Berdenier, of 1434 State Road, Duncannon, PA, 17020, for the original contract price of Four-Thousand Three-Hundred Seventv-One and 98/100 ($437198) Dollars The labor and materials furnished by Group & Group Excavating, LP consisted of those materials and labor necessary in the new construction and excavation for the addition to the Carlisle Diner and all other activities associated therewith, True and correct copies of the pertinent invoices are attached herein as Exhibit "A." The materials used by Group & Group f'{hlb:-t- "C" Excavating LP for the purpases stated herein were delivered to the site and used for the purpose of the new constructian and excavation 0'1' the site at the Carlisle Diner. The date an which Graup & Graup Excavation LP completed the new construction and excavatian of the additian was August 27, 2004. The principal amount still due, and the amount of the claim far which we intend to' file said lien pursuant to the Pennsylvania Mechanics' Lien Law of 1963, Pa.S.A. S1502, is for the sum of Four-Thousand Three-Hundred Seventy-One and 98/100 ($4371.98) Dallars, with accumulating interest, casts and attorneys fees. """.lII ,n Unless the amaunt due is paid within thirty (30) days of receipt oft!iJs~tornIal ncidceta', '.~ '~_~', .:,', ',,' ,,! .' II III yau, Group & Group Excavating LP intends to file a lien against the premis~s ~6o;; de~ribed for the total amount ofFour-Thausand Three-Hundred Seventy-One and 98/100 ($4371.98) Dollars, plus applicable interest, costs and attorneys fees. This letter constitutes our formal Notice afIntention to file such lien claim. Sincerely, Salzmann, Hughes, & Fishman, PC By: / c' &erL11{A~ (J ( C (' ( l./ Kelly M. Dick, Esquire Attorney for Group & Group Excavating LP I.) ,i ('fA )Al/ Date r I O-::R.fl-l1Q...J'.1 () d C; u 7 ,- NOTICE: OF INTENTION TO FILE MECHANICS' CLAL\! November 10, 2004 Carlisle Diner, Inc. ATTN: Rubin 800 West High Street Carlisle, PA 17013 Dear Rubin, This is to notify you that Group & Group Excavating LP, of 1545 Holly Pike, Carlisle, PA, 17013, intends to file a mechanics' lien against the following described property known as 800 West High Street, Carlisle, PA 17013: ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County. Pennsylvania. botmded and described as follows: BEGrNNING at an iron pin. the interscction of the Eastcrly line of a 24-foot wide lane with the Southerly line of West High Street: thence Eastwardly along the Southerly linc of West High Street, One Hundred Sevent;'-Si" and Fivc tenths (176.5) leet. more or less, to a point on the line of land now or formerly of J.E. Bumb~ugh. et u,,; thence Southwardly along said land. One Hundred Twenty-Eight and Five tenth; (128.5) feet morc or less, to an iron pin on the line of the land of East Pennsylvania Conference Association of Seven Day Adventists: thence Westwardly along said land. One Hundred Four and Seven tenths (104.7) feel, marc or less, to an iran pin; thence Southwardly along said land. Eighty (80) fcelto an iron pin; thence Westwardly along a line parallel witll the center line of West Pomfret Streel and Thirty (30) feet Northwardly tllerefrom Sey'enty-Niue and Five tenths (79.5) feel, more or less. to an iron pin on the Easterly line of said 2-I-foot wide lane: theuee Northwardly therefrom along the Easterly line of said lane, Two Hundred Seven and Five tenths (207.5) feet, more or less. to an iron pin. the plaeeofBEGINN[NG. The party with whom Group & Group Excavating LP contracted for the new const:uction and excavation for an addition to the Carlisle Diner, 800 West High Street, Carlisle, P A 17013, is Craig Berdenier, of 1434 State Road, Duncannon, PA, 17020, for the original contract price of Four-Thousand Three-Hundred Seventy-One and 98/\00 ($4371.98) Dollars. The labor and materials furnished by Group & Group Excavating, LP consisted of those materials and labor necessary in the new construction and excavation for the addition to the Carlisle Diner and all other activities associated therewith. True and correct copies of the pertinent invoices are attached herein as Exhibit "A." The materials used by Grollp & Group Excavating LP tor the purposes stated herein were delivered to the site and used for the purpose of the new constnIction and excavation of the site at the Carlisle Diner. The date on which Group &. Group Excavation LP completed the new construction and excavation of the addition was August 27.2004. The principal amount still due, and the amount of the claim for which we intend to tile said lien pursuant to the Pennsylvania ]',[echanics' Lien La"v of 1963, PaS.A SlS02. is for the sum of Four-Thousand Three-Hundred Seventy-One and 98/100 ($4371.98) Dollars, with accumulating interest, costs and attorneys fees. Unless the amount due is paid within thirty (30) days of receipt of this formal notice to you, Group &. Group Excavating LP intends to file a lien against the premises above described for the total amount of Four-Thousand Three-Hundred Seventy-One and 98/100 ($437198) Dollars, plus applicable interest, costs and attorneys fees This letter constitutes our tormal Notice ofIntention to file such lien claim. Sincerely, Salzmann, Hughes, & Fishman, PC By ~7)A, D { cl( Kelly M Dick, Esquire Attorney for Group & Group Excavating LP Date (J6 v'.t~~,,- /6-1'1 t 2 Go i . Complete items 1, 2, 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 maHpiece, or on the front if space permits. 1. Article Addressed to: CARLISLE DINER INC ATI'N: RUBIN 800 WEST HIGH STREEIr CARLISLE PA 17013 x Cl Agent o Addressee B. Received by (Printed Name) C. Date of Delivery \1 'il\ D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. SelVlce Type f:g Certified Mall 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7001 1140 0003 2514 2982 (Transfer from service 1abeQ ?P.w-mm-S61t}August~bMl.n~!!jti'llllIJif 102595-02-M.1540 SENDER: COMPLETE THIS SECT/ON . Complete items 1, 2, 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 pennits. 1. Article Addressed to: PABLO OLIVA 1800 HIGH STREET CORP 34 TEABERRY DRIFE CARLISLE PA 17013 2. Article Number (Transfer from service label) PS Form 3811, August 2001 3. Service Type ~ Certified Mall 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 2260 0000 8709 3315 Domestic Return Receipt 102595-02.M.1540 .......,.) . " , -b r'""! ~-:;l "" I (":' ~ :'-"~ ~ r ~ - ..c. ~ 'In .","~. '^ .- ., -<> (' ';,) V> -"'~' '^ ...) '" :"'> g, 1i :i :.. 1\ \ Group & Group Excavating LP 1545 Holly Pike Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 1800 High Street Corporation, a Pennsylvania Corporation, 34 Teaberry Drive, Carlisle, PA; and, Angel Pablo Oliva, individually; and, Carlisle Diner, Inc., 800 West High Street, Carlisle, PA; and, Ruben DOCKET NO: 04-6388 Mr.)\ Lemus, individually; and, Craig Berdenier, individuaIIy,: 1434 State Road, Duncannon, P A, 17020. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the above-captioned matter. Date: January 18,2005 SALZMANN, HUGHES & FISHMAN PC By: ;~1'G1.D;cIL Kelly M. Dl , Esq. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 Supreme Court LD. No. 93167 Attorney for Claimant, Group & Group Excavating, LP. (.,- ,.'i () ; ; ~':; en SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER , to wit: BERDENIER CRAIG but was unable to locate Him In his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On January 5th , 2005 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/05/2005 SALZMANN HUGHES S~~~'l.: .......... /~.:.::.:::~~:~._:.::-.;? ~~ R. Thomas Kline Sheriff of Cumberland County FISHMAN Sworn and subscribed to before me this .2:~ day Of,-)"A -'1u~u1 -2,u"v .~ A . D . C;~ < . 9,:o~!o1~~y ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER , to wit: LEMUS RUBEN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On January 5th , 2005 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 6.00 9.00 10.00 30.25 .00 55.25 01/05/2005 SALZMANN HUGHES So ans..we~rs: /./..:? .'- -:::-...__~.:::::::.. .7 ~~ ~../~ ~... //~e::~~ R. Thomas Kline... ....- Sheriff of Cumberland County FISHMAN Sworn and subscribed to before this ;LLf~ day OfC~ y ;2l-v'/ A.D. o ," Ar~LpGt~f;~, ~ me SHERIFF'S RETURN - REGULAR CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon 1800 HIGH STREET CORPORATION the OWNER , at 1000:00 HOURS, on the 3rd day of January ,2005 at 34 TEABERRY DRIVE CARLISLE, PA 17013 by handing to ANGEL PABLO OLIVA, OWNER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.44 .00 10.00 .00 32.44 r~,. J~~;,{~~~:<c.,..~-!~ ,/ ~ ,~~~-"Y';'''::''~' i~.. J'.r~ , R. Thomas Kline 01/05/2005 SALZMANN HUGHES FISHMAN Sworn and Subscribed to before By: ~~. ---zJZ. //Dep'Uty Sheriff o c::- ..). 'I - day of me this YtA L( A-( d-t'17 !/ A. D . / . 7 ~ f2 Iv7J PP;", J {qPii P othonotary I SHERIFF'S RETURN - REGULAR CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon OLIVA ANGEL PABLO the OWNER , at 2056:00 HOURS, on the 30th day of December, 2004 at 800 WEST HIGH STREET CARLISLE, PA 17013 by handing to RUBEN LEMUS, OWNER OF CARLISLE DINER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.70 .00 10.00 .00 19.70 ,;.~ i;<<~ ,/.i,::-:';-~R R. Thomas Kline 01/05/2005 SALZMANN HUGHES FISHMAN Sworn and Subscribed to before 6' me this .:11:.;....-' day of ~<<''':7 di'lYiI A.D. . '~QA~ .-' ~thonotary , ~ ~~ Deputy Sheriff By: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon CARLISLE DINER the OWNER , at 2056:00 HOURS, on the 30th day of December, 2004 at 800 EAST HIGH STREET CARLISLE, PA 17013 by handing to RUBEN LEMUS, OWNER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 " ; < <;/t ;:<.,'t~# "r ,; .,. R. Thomas Kline 01/05/2005 SALZMANN HUGHES FISHMAN Sworn and Subscribed to before By: ~/~ Deputy Sheriff t;;, me this ;l'i '-- day of , L}r .:JiHJ..( A.D. ~-'-- (1 'rYu~..) 1frZ; Prothonotary I In The Court of Common Pleas of Cumberland County, Pennsylvania Group & Group Excavating LP VS. 1800 High Street Corporation et al SERVE: Ruben Lemus No. 04-6388 civil Now DecEmber 28, 2004 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~."...., .;:;/7"'. f ./ h' ~. V'//~ . "';.-'~~C{!Jt!'<, .....?# ,.;;;,~:~ .~ ,r - "f'4' ,~"-,"""",,,'~~--'l.--r- Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Group & Group Excavating LP VS. 1800 High Street Corporation et al SERVE: Craig Berdenier No. 04-6388 civil Now DecEmber 28, 2004 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~'/'? ~;,.::/ {;'.,/:/.)' ~~ _,.....".,,"'.<tf" _~rr!'._'"," -"'. . ,.,.?~+-7..,,;;.,,,.:..z_ ,;;<' .."/'..~~."'...-.?' t' .......f: .-.'~.. ',,..,...... - ~ . Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handin g to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ SHERIFF'S RETURN In the Court of Common Pleas Of the 41 st Judicial District of Pennsylvania- Perry County Branch No. 2004-6388 Cumb Co. Group & Group Excavating LP vs Ruben Lemus 1434 State Rd. Duncannon, P A 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit, Ruben Lemus. , but was unable to locate him/her in his bailiwick. He therefore returns the within Mechanics Lien for the above named Defendant(s) Ruben Lemus, , at 1434 State Rd. Duncannon, PA 17020 NOT FOUND. PROPERTY IS VACANT. SOl!li > ~ Carl E. Nace Sheriff of Perry County NOTARIAL SEAL MARGARET F. fLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16 2008 SHERIFF'S RETURN In the Court of Common Pleas Of the 41 st Judicial District of Pennsylvania- Perry County Branch No. 2004-6388 Cumb Co. Group & Group Excavating LP vs Craig Berdenier 1434 State Rd. Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit, Craig Berdanier but was unable to locate him/her in his bailiwick. He therefore returns the within Mechanics Lien for the above named Defendant(s) Craig Berdenier, , at 1434 State Rd. Duncannon, PA 17020 NOT FOUND. PROPERTY IS VACANT. ::~ ~ Sworn and subscribed to before me this _? ( d day of ~J (ill."" &-' 20~. 777tvld~td '1i'&h<Y'- Sheriff of Perry County NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16 200S SHERIFF'S RETURN - REGULAR CASE NO: 2004-06388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROUP & GROUP EXCAVATING LP VS 1800 HIGH STREET CORP ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon LEMUS RUBEN the OWNER , at 1556:00 HOURS, on the 21st day of January 2005 at 800 WEST HIGH STREET CARLISLE, PA 17013 by handing to JAIME PHILLIPS, WAITRESS, ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.70 .00 10.00 .00 19.70 ~.,,-. ..-:? ~. .-' . .,.'''' {;?~)./.:~..... .~ ..J'~ .' ..;~~p~ R. Thomas Kline Sworn and Subscribed to before 01/24/2005 SALZMANN HUGHES FISHMAN ,~ By: rl r-'t !r~"" ~ ''0 j v Deputy Sherl f me this 3~ day of J.d~~'j~'"J c207J.{ A.D. ~ () .~ tJA-- , . -r~ Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GROUP & GROUP EXCA VA TING LP v. DOCKET # 04-6388 MECHANICS LIEN CLAIM 1800 HIGH STREET CORPORATION, ANGEL PABLO OLIVA, individually, CARLISLE DINER, INC., RUBEN LEMUS, individually, AND CRAIG BERDENIER, individually PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. ~ Sa~\5[i.,J , Date: 31'1/ Db By: SALZMANN HUGHES, PC J fJ4OJU-.. A, HPrvu !) ~ Susann B. Morrison, Esq. Supreme Court J.D. No. 77041 95 Alexander Spring Rd., Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff, Group & Group Excavating LP .1 .-j IN THE COURT OF COMMON PLEAS OF CUMBERJ"AND COUNTY, PENNSYLVANIA GROUP & GROUP EXCAVATING LP v. DOCKET # 04-6388 MECHANICS LIEN CLAIM 1800 HIGH STREET CORPORATION, ANGEL P ABLO OLIVA, individually, CARLISLE DINER, INC., RUBEN LEMUS, individually, AND CRAIG BERDENIER, individually PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter satisfied. Date: 1, / I 3 ( DiP SALZMANN HUGHES, PC By: k~ J!q1U/(JL Susann B. Morrison, Esq. Supreme Court J.D. No. 77041 95 Alexander Spring Rd, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff, Group & Group Excavating LP 110 C> ,() ~ ~-v ...r::~ p ~ --r--- -( ;.,