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Home My WebLink About14-5467 IN THE COURT OF COMMON PLEAS OF Cz 13 CUMBERLAND COUNTY, PENNSYLVANIA "O~ —t DALE C. SCHLUSSER DRYWALL, CIVIL ACTION PlaintiffC::t- ' vs. NO.: co STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant MECHANICS LIEN CLAIM MECHANIC'S LIEN CLAIM AND NOW, comes the Plaintiff, Dale C. Schlusser Drywall, by and through its attorney, Thomas P. Gleason, Esquire, and alleges, the following: 1. Plaintiff, Dale C. Schlusser Drywall, is a sole proprietorship with a principal place of business located at 383 Burgners Road, Carlisle, Cumberland County, Pennsylvania 17013, and files this Mechanic's Lien Claim as subcontractor. 2. The owner of the property subject to the lien is Strickland Brothers Construction, LLC, a Pennsylvania limited liability corporation, with its principal place of business located at 690 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The date of which Plaintiff completed the work for which this claim is made was March 19, 2014. 4. Plaintiff files this claim based upon a contract with Strickland Brothers Construction, LLC, for work to be performed at 7 Netherby Lane, South Middleton Township, Cumberland County, Pennsylvania, for hanging and finishing drywall, labor and materials. A true and correct copy of invoices are attached hereto, made a part hereof and marked as Exhibit"A". 5. Plaintiff's price for performing the work was Nine Thousand Seven Hundred / /1 Seventeen and 55/100 ($9,717.55) Dollars. 6. To date, Plaintiff has received partial payments totaling Seven Thousand Six Hundred Thirty and 33/100 ($7,630.33) Dollars, leaving a balance due and owing of Two Thousand Eighty-Seven and 22/100 ($2,087.22) Dollars. 7. Plaintiff has conformed and complied with all requirements under applicable law. 8. Plaintiff completed the work on or about March 19, 2014. 9. Plaintiff gave formal notice of its intention to file this Claim. 10. The improved property claimed to be subject to the lien is that property situated at 7 Netherby Lane, South Middletown Township, Cumberland County, Pennsylvania, as more fully set forth in Deed containing a legal description, at true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit`B". LAW OFFICE OF THOMAS P. GLEASON Date: %4"L__LW 20 f L4 Thomas P. Gleason, Esquire Attorney ID No.: 82259 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717) 532-3270 VERIFICATION I, Dale C. Schlusser, sole proprietor of Dale C. Schlusser Drywall, verify that the foregoing statements made in the foregoing Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DALE C. SCHLUSSER DRYWALL Date: 9' /2 Zvi y a . Dale C. Schlusser Sole Proprietor Dale C. Schlusser Drywall �* 383 Burgners Rd. Invoice Carlisle,PA 17013 717-249-8875 Number, 1031 Date: March 19,2014 Bill To: Ship To: Strickland Brother's Construction 2-STORY Netherbys i POB Protect Projeot Manager l Drywall Spec House -- ._.._... __ _. _. .. Description Hours BateAmount`. Nang&Finished Drywall{Material and Labor) I'A'It 1.12"Drywall 7,6180,00 0.94` 6,655.20 i 154"and 5f8"Drywall 2:588.00 0,99 2,661.12` Remainding Balance from Invoice 1029. 1-00 40123 4.01.23 s SOS i r Total�w w _�$9,717,55; Service Charge 2%After 30 Day's.24%Per Annum, Thank You!1W ------------------ 0.30 days 31 -60 stays 61 90 days >90 days f Total ! 59,717.55 p 50.00 88,557'78 S100 $18,275,33 l Dale C. Schlusser Drywall 383 Burgners Rd. Invoice Carlisle, PA 17013 717-249-8875 Number: 1042 Bill To: Date: July 14,.2014 Ship To: Strickland Brother's Construction -- 2-STORY 690 Creek Rd. Netherbys Carlisle, Pa 17013 ..........- _............._ FOB Project Project Manager Drywall - - -- Spec House Description T V Hours Rate Amount 2% 4-1.9-14 to 5-19-14 61.75 61.75 Invoice amount $3087.22 3,087.22 2°!0 5-19-14 to 6-19-14 62.98, 62.98 2°!0 6-19-14 to 7-19-14 64.24:164.24 i i i ...,� ._ 4_ Total $3,276.19 Service Charge 2 %After 30 Day's. 24°l0 Per Annum. Thank You!!!!! 0-30 days Y 31 -60 days 61 -90 days >90 days Y' � Total $3,276.19 $0.00 $0.00 $O.QO ` $3,276.19 Exwts m ""6 002YCL 13 ' F TILESTlients,12303 DiehH2303 49 Lots 75 and 103 Netherby312303,49.Deed L0175-pd Parcel No. 40-10-0636-500 DEED MADE THE A�4 day of April, 2013, BETWEEN RAYMOND E. DIEHL AND DONALD E. DIEHL, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, AND STRICKLAND BROTHERS CONSTRUCTION,LLC,a Pennsylvania limited liability company, hereinafter referred to as: Grantee, In consideration of SEVENTY-ONE THOUSAND AND 00/100 DOLLARS($71,000.00), the receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey to the Grantees, their heirs and assigns: ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two - The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane(50'ROW)at the northwestern corner of Lot No. 74 on the above-referenced Plan; thence along said Lot No. 74, South 13 degrees 51 minutes 17 seconds West 173.96 feet to a point; thence along Lot No. 83,on the above-referenced Plan North 83 degrees 52 minutes 06 seconds West 75.17 feet to a point; thence along Lot No. 76, on the above- referenced Plan North 05 degrees 50 minutes 07 seconds East 177.49 feet to a point; thence along the said right-of-way line of Netherby Lane (50' ROW) the following 2 courses and distances: 1)South 84 degrees 09 minutes 53 seconds East 19.22 feet to a point; and 2) on a line curving to the right having a radius of 575 feet, an arc length of 80.48 feet and a chord bearing of South 80 degrees 09 minutes 18 seconds East 80.41 feet to a point on the right-of-way line of said Netherby Lane, the point and place of BEGINNING. BEING Lot No. 75 on the Final Subdivision Plan for Phase Number Two-The Plan of Netherby and containing 15,432.4 square feet. BEING a portion of the premises which Raymond E.Diehl and Donald E. Diehl, by Deed dated December 4, 2009, and recorded in Cumberland County, Pennsylvania ' at Instrument No. 200941227, granted and conveyed to Raymond E. Diehl and Donald E. Diehl, Grantors herein. UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the lots conveyed hereunder and shall not be deemed binding on other lots retained or sold by Grantors in the future, which building and use restrictions the Grantee, its successors and assigns, by acceptance of this deed, agree to comply: 1. No dwelling house shall be erected, placed or altered on any lot until the proposed building and the building plans and specifications have been approved in writing by Raymond E. Diehl and Donald E. Diehl,(hereinafter referred to as"Owners")or their designee whom they may appoint in writing from time to time,or their successors or assigns(any or all of whom shall be hereafter referred to as the"Approving Party"). The Approving Party may, upon any reasonable grounds, including but not limited to purely aesthetic reasons, as determined by the personal judgment of the Approving Party in its sole and unlimited discretion deny approval of any builder or building plans. No alterations in the exterior appearance of any dwelling house shall be made without approval of the said Approving Party, which shall not be unreasonably withheld. One(1)copy of all pians and specifications including the identity of the builder shall be furnished to the Approving Party for its records. In the event that the Approving Party fails to approve or reject in writing any builder and/or plans submitted under this paragraph within thirty(30)days of said submission date,which shall be noted in writing by the Approving Party on a set of plans to be retained by the submitting party, said builder and/or plans shall be deemed to be approved and construction may be carried out in accordance with them, but subject, nevertheless, to all other Protective Covenants, Reservations and Restrictions contained herein. It is specifically noted that bi-level residences will not be approved. 2. All lots shall be used for residential purposes only, subject however to the right of the Approving Party to allow a "home occupation"to be conducted on the premises, as defined by and consistent with the Zoning Ordinance of South Middleton Township. No business (except said home occupations), commercial or industrial uses whatsoever shall be permitted on any lot. 3. No trailer, mobile home, or similar structure may be located on any lot, temporarily or permanently, for any use whatsoever. 4. No basement, garage, vehicle or structure of a temporary character shall be maintained or erected within said subdivision and used as a residence or living quarters either temporarily or permanently. 5. No advertising or display sign(except an approved"home occupation"sign as permitted by South Middleton Township) shall be erected, placed or maintained within the said subdivision other than the customary"For Rent" and"For Sale"signs when the same pertain to the premises on which they are erected. 6. The construction or erection of any building or other structure must be completed within one(1)year after the commencement thereof,except where APPROVING PARTY grants in writing an extension of time for completion. Sidewalks must be constructed by the lot owner as required by South Middleton Township and as shown on Phase Number Two -- The Plan for Netherby. 7. All houses constructed within Phase Number Two—The Plan for Netherby shall contain minimum living areas as follows:Two-story dwellings—2,000 square feet; Cape Cod-style dwellings — 1,800 square feet; and ranch-style dwellings— 1,700 square feet. Each house,regardless of style,shall be built with an attached two-car garage, but the area of said garage shall not be included in computing minimum living area hereunder. 8. Certain lots in Phase Number Two—The Plan for Netherby are subject to On- Lot Drainage Easements to facilitate continuity in storm water runoff flows between individual building lots and detailed in the Final Subdivision Plan of Netherby. The construction or placement of any building, accessory building,fence or other structure and the planting of trees or shrubbery within any such drainage easement is prohibited. The lot owner shall be responsible for maintenance of the easement to assure that the storm water management plan in Phase Number Two—The Plan for Netherby is not obstructed in any way. 9. Nothing shall be done within the subdivision of'Netherby which may be or become an annoyance or nuisance to the neighborhood. It shall specifically be the responsibility of each lot owner to prevent the development of any unclean,unsightly or unkempt conditions of buildings or grounds on any lot which shall tend to decrease the beauty or character of the subdivision as a whole or the particular area affected. 10. No unregistered or unlicensed vehicles of any kind shall be maintained on the premises unless completely concealed within a garage or other permanent structure. 11. Recreational vehicles, including but not limited to trailers or self-propelled vehicles, or boats and/or trailers, shall not be permitted or maintained on a permanent basis within the subdivision unless they are parked inside a garage or other permanent structure. 12. Satellite television "dishes" shall be located in the rear yard only, and reasonably screened from the view of neighboring properties. 13. Swimming pools shall be of the in-ground type only, located in the rear yard only, and fenced and screened as required by South Middleton Township. 14. No clotheslines shall be permitted anywhere on a lot. Wood piles for fireplace or woodstove use must be in the rear area of lots. UNDER AND SUBJECT to the following conditions as set forth on the above Plan: 1. The Board of Supervisors of South Middleton Township has determined that purchasers of land in limestone areas should be advised of the potential for sinkhole development. The above described tract of land has been determined to be located in a limestone area. 2. By the acceptance of this deed, the Grantees herein agree to comply with all site grading requirements set forth on the above Plan. 3. By the acceptance of this deed,the Grantees herein agree to comply with all on-site storm water management requirements imposed by South Middleton Township. 4. By the acceptance of this deed,the Grantees herein acknowledge that South Middleton Township shall not grant a Certificate of Occupancy until such time as grading complies with all requirements of the Township and as set forth on the above Plan. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF,said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF 0 e-;C� (SEAL) Ra mond E. Diehl ;ZZ � (SEAL) Donald E. Diehl Genevieve A. Diehl, the spouse of Raymond E. Diehl, Grantor herein,joins in the within conveyance solely for the purpose of releasing whatever interest she may be construed to have. (SEAL) enevieve A. Dieh Suzanne Diehl,the spouse of Donald E.Diehl,Gr i r herein,joins in the within conveyance solely for the purpose of releasing whatever interest s e y be construed to h } S za ne 'ehl COMMONWEALTH OF PENNSYLVANIA ) }: ss. COUNTY OF CUMBERLAND } On this, the zeday of April,2013,before me,the undersigned officer,personally appeared Raymond E. Diehl and Genevieve A. Diehl,known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument,and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C% a (SEAL) Notary Public CUtiMONWFALTH OF PENNSYLVANIA f NOTARIAL SEAL I Victoria L.Otto,Notary Public Carlisle Boro,Cumberland County My commission expires December 20,2014 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this,the 16ay of April,2013,before me,the undersigned officer,personally appeared Donald E. Diehl, 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 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public co TH OF pENN5YLVANIA Notarial Seal I Arjanette S.Appleby,Notary Public cart, ie Boro,Cumbertand County , my commnission Expires Atig.27,2014 a':; 'van?x,�scacia+{csn�f Notaries COMMONWEALTH OF PENNSYLVANIA } ): ss. COUNTY OF CUMBERLAND ) On this,the k day of April,2013,before me, the undersigned officer,personally appeared Suzanne Diehl, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Anianette S.Appleby,Notary Publk (SEAL) Caosie sora,Cumberland County Nota Public My ComnNsston Expires Auugg.2,7,2�0__144.i^^^ mr I hereby certify that the precise residence and complete post office address of the within Grantee is f oqo JA6'm ey for Grantee MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 EAST RICH STREET CARLISLE,PENNSYLVANIA 17013 TELEPHONE 717-243-3341 FACSIMILE 717-243-1850 INTERNET www.martsonlaw.com ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 = ~ 717-240-6370 i y Instrument Number-201313415 Recorded On 4/25/2013 At 12:28:35 PM *Total Pages-8 *Instrument Type-DEED Invoice Number-135196 User ID-SW *Grantor-DIEHL,DONALD E *Grantee-STRICKLAND BROTHERS CONSTRUCTION LLC *Customer-A ONE SETTLEMENT SERVICES LLC *FEES STATE TRANSFER TAX $710.00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $18.00 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SOUTH MIDDLETON SCHOOL $355.00 DISTRICT SOUTH MIDDLETON $355.00 TOWNSHIP TOTAL PAID $1,488.50 I Certify this to be recorded in Cumberland County PA J ° RECORDER O D DS naso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002YCL III IIIIIIIIIIII I I Il Illi II III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE C. SCHLUSSER DRYWALL, Plaintiffs vs. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendants : Civil Action - Law rn rTi rn -•v : No. 2014-5467CO < C7 -v eco : MECHANICS LIEN CL=AIM= CERTIFICATE OF SERVICE I, Thomas P. Gleason, Esquire, attorney for Plaintiff, Dale C. Schlusser Drywall, certify that I mailed a true, correct and attested copy of the Mechanics Lien Claim to the following entity at the following address, by United States First Class Mail, postage prepaid: Strickland Brothers Construction, LLC 690 Creek Road Carlisle, PA 17013 Date: q �� " [ 11 By: mas P. Glt P. easo PA I.D. # 82259 49 West Orange Street Shippensburg, PA 17257 (717) 532-3270 Attorney for Plaintiff