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Home My WebLink About14-4153 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HOMES & SPACES, LLC, Civil Action- Law Claimant Mechanics' Lien Claim l�V. No. � 5 �5 MM c DIVINITY INVESTMENTS, LLC M;;u r- -c d/b/a DIVINITY HOMES, --J Owner Honorable PRAECIPE A ± --- TO THE PROTHONOTARY: Please file the attached Mechanic's Lien Claim and index the lien in the judgment index and return one true and attested copy of the Lien to the undersigned in the enclosed self addressed, stamped envelope. We have enclosed a check to cover the filing fee in this matter. Please then deliver one true and attest copy of the Lien,along with the enclosed letter,to the Cumberland County Sheriff's Office for service. Please contact the undersigned with any questions or concerns this may cause. Date: James M. Stein, Attorney for Claimant Dick, Stein, Schemel, Wine &Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 P S ck,6� 16311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HOMES & SPACES, LLC, Civil Action - Law `r Claimant Mechanics' Lien Claim nn L ' , / — J r— -ate V. No. G G ' S ,` cn c' C3 -L 1 DIVINITY INVESTMENTS, LLC d/b/a DIVINITY HOMES, D CD ' Owner Honorable TO: Divinity Homes Divinity Investments, LLC 418 Epic Drive PO Box 118 Chambersburg, PA 17201 NOTICE OF FILING A MECHANICS' LIEN CLAIM You are notified that a Mechanics' Lien Claim in the amount of$7,250.00 plus interest has been filed on behalf of Homes&Spaces,LLC,against Lot 17 as shown on that certain subdivision plan entitled "Subdivision Plan Timberland Estates Phase 2" as prepared by Martin and Martin Incorporated, dated March 17, 2006 which is recorded in the Recorder of Deeds for Cumberland County,Pennsylvania as Plan Book 94,Page 14,which is owned by Divinity Investments,LLC and is commonly known as 11 Raven Way, in the Township of Southampton, Cumberland County, Pennsylvania and is more particularly described as "PARCEL ONE" in a 2013 deed from The Willow Group,LLC to Divinity Investments,LLC, said deed recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania as instrument number 201337203. A copy of the Claim is attached. Date: 7%�''/�Y r�•�.e�, o'/� James M. Stein, Attorney for Claimant Dick, Stein, Schemel, Wine &Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HOMES & SPACES, LLC, Civil Action - Law Claimant Mechanics' Lien Claim V. No. 5-3 M DIVINITY INVESTMENTS, LLC d/b/a DIVINITY HOMES, Owner Honorable MECHANICS' LIEN CLAIM Claimant,Homes& Spaces,LLC,through the undersigned counsel, files this claim against the improvements and property commonly known as 11 Raven Way, Southampton Township, Shippensburg,Cumberland County,Pennsylvania 17257,for the payment of a debt due to Claimant as a contractor for construction site supervision, labor and materials furnished by Claimant in the erection and construction of a single family home,more particularly described below. In support of the claim,the Claimant makes the following statements: 1. Claimant herein is Homes&Spaces,LLC,a Pennsylvania limited liability company,with an address of 1361 Hunters Chase,Chambersburg,Franklin County,Pennsylvania, 17202. Claimant files this claim as a contractor. 2. The Owner of the property subject to this claim is Divinity Investments, LLC, a Pennsylvania limited liability company, having an address of 418 Epic Drive, PO Box 1180, Chambersburg, PA 17201. 3. Claimant completed work on the pro.nerty subject to this claim on May 21, 2014,which is less than six (6)months before the filing of this claim. 4. The labor and material for which the debt is due were furnished in accordance with an oral contract between the parties and further detailed in two March 29,2014 invoices,numbered 771 and 768,attached hereto and by this reference collectively made a part hereof as Exhibit A. Under said Invoices, the contractor was to be paid for construction site supervision,trim work,painting and the installation of the following: cabinets,vanity,hardwood floor, interior railing, shelving and knobs during the erection and construction of the single family home located on subject real estate. 5. Claimant is now owed the sum of$7,250.00 as more particularly itemized in Exhibit A. 6. The real estate, including the improvements located thereon,which is the subject of this claim, consists of Lot 17 as shown on that certain subdivision plan entitled "Subdivision Plan Timberland Estates Phase 2"as prepared by Martin and Martin Incorporated,dated March 17,2006 which is recorded in the Recorder of Deeds for Cumberland County,Pennsylvania as Plan Book 94, Page 14. Said Subdivision Plan is attached hereto and by this reference made a part hereof as Exhibit B. Said real estate is commonly known as 11 Raven Way,in the Township of Southampton, Cumberland County,Pennsylvania and is more particularly described as"PARCEL ONE"in a 2013 deed from The Willow Group,LLC to Divinity Investments,LLC, said deed recorded in the office of the Recorder of Deeds for Cumberland County,Pennsylvania as instrument number 201337203. A true and correct copy of the deed regarding the aforesaid real estate is labeled Exhibit C,attached hereto and made a part hereof. 7. Claimant has performed all work as requested by Owner in a timely manner, and Owner has accepted the work performed by Claimant and the materials furnished by Claimant. Owner, however,has failed to pay the aforesaid sum due and owing to the Claimant. 2 8. This lien is a claim against the fee simple interest of the Owner in the aforesaid real estate. WHEREFORE, Claimant claims to have a lien against the Owner and upon the real estate herein described in the amount of$7,250.00,plus interest at the rate of eighteen(18%)percent per annum on said sum from March 29, 2014, plus costs and reasonable attorney's fees. Date: �� Y f `l .� �� James M. Stein, Attorney for Claimant Dick, Stein, Schemel, Wine& Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 VERIFICATION 1, Christopher Picking, verify that the statements made on this Mechanics' Lien Claim are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. HOMES & SPACES, LLC By: Date: Christopher Picking, A^a-vt 3 INVOICE ii$ 1361 Hunters Chase Date Invoice# ChambersburgPA 17202 rS, 3/29/2014 768 717-496-3858 PA017323 LULC Bill To Divinity Investments,LLC P.O. WorkOrder# Terms TL#17.jackson Net 30 Item Quantity Description Rate Amount 20 Trim&Millwork trim work 1,500.00 1,500.00 21 Cabinetry Cabinets&Vanities 500.00 500.00 Hardwood hardwood floors installed 600.00 600.00 Railing Interior Railing installed 150.00 150.00 Miscellaneous shelving,knobs,,after paint 500.00 500.00 Total $3,250.00 Payments/Credits $0.00 Balance Due $3,250.00 EXHIBIT INVOICE 0ese 1361 Hunters Chase Date Invoice# spo Chambersburg,PA 17202 3/29/2014 771 4 717-496-3858 PA017323 LULC Bill To Divinity Investments,LLC P.O. WorkOrder# Terms TL#17 Net 30 Item Quantity Description Rate Amount Management Construction Site Supervision,credit$1,000 4,000.00 4,000.00 i Total $4,000.00 Payments/Credits $0.00 Balance Due $4,000.00 3: e � � e e p�yG�fA'u :�n-o4QaQ9QQNA.Qi.AQaQ.s{6:co.. 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ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 `^ 717-240-6370 - d Instrument Number-201337203 Recorded On 11/19/2013 At 2:15:01 PM *Total Pages-4 *Instrument Type-DEED Invoice Number-151655 User ID-KW *Grantor-WILLOW GROUP LLC *Grantee-DIVINITY INVESTMENTS LLC *Customer-ANTIETAM ABSTRACT *FEES STATE TRANSFER TAX $460.00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $11.50 P now page a e is art RECORDER OF DEEDS P PARCEL CERTIFICATION $30.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $230.00 SCHOOL DISTRICT SOUTHAMPTON TOWNSHIP $230.00 TOTAL PAID $1,002.00 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS •-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003U20 II IIIIIIIIIIIIIIlIIIIIIIIII EXHIBIT t so 003U2a Parcel Number: 39-14-0169-236/39-14-0169-266 �1-P THIS DEED lJ, MADE THIS /Z. day of A)0v L. , two thousand and thirteen (2013); BETWEEN: THE WILLOW GROUP, LLC, a Pennsylvania limited liability company, of Chambersburg, Franklin County, Pennsylvania, GRANTOR, AND: DIVINITY INVESTMENTS, LLC, a Pennsylvania limited liability company, of Chambersburg, Franklin County, Pennsylvania GRANTEE, WITNESSETH, that in consideration of the sum of Forty-Six Thousand ($46,000.00) Dollars, the said Grantor does hereby grant and convey, in fee simple, to the said Grantee, ALL the following two (2) tracts of real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: PARCEL ONE: Being Lot 17 as shown on that certain subdivision plan entitled "Subdivision Plan Timberland Estates Phase 2" as prepared by Martin and Martin Incorporated, dated March 17, 2006, which bearing all the necessary municipal approvals is recorded in the records of the Recorder of Deeds for Cumberland County, Pennsylvania, as Plan Book 94, Page 14. PARCEL TWO: Being Lot 31 as shown on that certain subdivision plan entitled "Subdivision Plan Timberland Estates Phase 2" as prepared by Martin and Martin Incorporated, dated March 17, 2006, which bearing all the necessary municipal approvals is recorded in the records of the Recorder of Deeds for Cumberland County, Pennsylvania, as Plan Book 94, Page 14. BEING a part of the same real estate which Hampton Hills Development Company, a Partnership, by deed dated October 27, 2005 and recorded October 31, 2005, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 271, Page 3295, granted and conveyed unto The Willow Group, LLC, Grantor herein. SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions and agreements affecting the property, visible or of record, including, but not limited to, those stated in the aforementioned plan. AND the said Grantor for itself, its successors and assigns, hereby covenants and agrees that it will warrant specially the property hereby conveyed, except as under and subject as aforesaid. IN WITNESS WHEREOF said Grantor has caused the execution of these presents the day and year first above written. &TIE-S '/WITNESS: THE WILLOW GROUP, LL 6 Kirk Martin, t orized Member COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FRANKLIN ON this 12 day of 2013, before me, a Notary Public, personally appeared Kirk Martin, who has been satisfactorily proven to be the person whose name is subscribed to this written instrument, who acknowledged himself to the authorized member of The Willow Group, LLC, a Pennsylvania limited liability company, and that he as such authorized member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the company by himself as authorized member. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA m Seal Adam R , Notary Public Notary Public ChambeFranklin County My Coms April 29,2017 MEMBER, OCIATION��Tj I hereby certify that the Grantee's complete post office address is, PO Box 1180, Chambersburg, PA 17201 Witness my hand this l `_day of �o 2013 V4 ;=� .4�-o Agent of the Gr tee