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Home My WebLink About05-3959 HAROLD S. IRWIN, III, ESQUIRI! SUPREME COURT ID NO 28920 14 SOUTH PITT STREET CARLISLE, PA 17013 717.243-8090 ATTORNEY FOR CONTRACTOR C S SYSTEMS, INC., Contractor I IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. I CIVIL ACTION. LAW : NO. (/5- 31:;-1 ~(..p ~ I MECHANIC'S LIEN CLAIM CHARLES E. HALL, .JR., Owner Mechanic's Lien Claim by Contractor Jonathan J, Irwin, president of C S Systems, Inc" of 133 Lefever Road, Newville, Pennsylvania 17241, files this claim for the sum of $3,425,00, plus interest at the rate of 5% from May 5, 2005, and costs of this matter, against Charles E, Hall, Jr" owner, and against all those certain improvements located at 7 Beverly Court, Carlisle, Pennsylvania 17013, more particularly described in the deed, a copy of which is attached hereto as Exhibit "An and incorporated herein by reference, for certain construction labor and materials provided in and about the construction of improvements and additions to said property and makes the following statement of his demand: 1. The name of the party claimant is C S Systems, Inc" and it files this claim as a contractor. 2, The name of the owner of said property at the time of the fumishing of the labor and materials and the attaching of the lien therefor is the aforesaid Charles E. Hall, Jr" residing at 162 Lincoln Street, Carlisle, Pennsylvania 17013, 4, The kind and character of the construction labor and materials furnished by the claimant and the prices charged therefor is as set forth in claimant's invoice numbered 10513, a copy of which is attached hereto as Exhibit "B", 5, The principal amount claimed to be due is $3,425,00, plus interest in the amount of 5% from May 5, 2005, and costs of this matter, 6, The construction labor and materials furnished in and about the construction of said improvements were according to a certain written estimate between claimant and owner, 7. The furnishing of said labor and architectural design services commenced thereafter and, after payment of $2,000,00 by the owner to contractor, the principal balance of $3,425,00 claimed to be due on the contract price is as agreed upon by the contractor and owner for the furnishing of said services and materials, in accordance with and in fulfillment of the said contract. The lien is against the fee and is claimed from May 5, 2005, 8, The claimant has made repeated requests of the owner for the payment to the claimant of the principal sum of $3,425,00, plus interest, due to the claimant on said contract, with which requests the owner has ignored and refused to comply, 9, The total sum to be paid to the claimant by the owner under the terms of the contract, up to an including May 5, 2005 for the furnishing of said construction labor and materials was $5,425,00, Nothing has been paid on account thereof except the initial downpayment of $2,000,00 and the principal balance of $3,425.00, plus interest at the rate of 5% from May 5, 2005 is still justly and legally due and owing to the claimant. The claimant therefor claims to have a lien upon the said premises and building as hereinbefore described for the amount of the claim, the balance now due, the said sum $3,425,00, plus interest at the rate of 5% from M y 5, 2005, and costs of this matter. HAROLD S. IRWIN, III Attorney for Claimant August 3, 2005 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 Verification I verify that I am the president of C S Systems, Inc" that I am authorized to make this verification and that the facts contained the foregoing Mechanic's Lien 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 PA,C.S, Section 4904, relating to unsworn falsification to authorities, J THAN J. IRWIN President, C S System , Claimant August3,2005 {oC{\qO Co"'()exb~ nC3EHT P. ZIEGLER ~(E.COf(D:::t\ OF DEEDS ""'!lLANO COUNTY"[' ," ..J ,,~. \ , " 13 DEe 29 Af~ 8 16 pare.'No. 08-//-6J29'1-/C12- THIS DEED MADE the #~ day of ~ ,2003, BETWEEN PETER THEM BUILDERS, INC" a Pennsylvania corporation, having its principal place of business at 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania, GRANTOR, AND CHARLES E. HALL, JR., a single man, of Carlisle, Cumberland County, Pennsylvania, GRANTEE, WITNESSETH, Illat in consideration of Three Hundred Thirty-four Thousand Nine Hundred and 00/100 ($334,900,00) Dollars in hand paid, the receipt whereof Is hereby acknowledged, Ille said Grantor hereby grants and conveys in fee simple to the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land willl improvements Illereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance willl Subdivision Plan for Heritage Valley prepared by Statler-Brehm Associates, Inc, dated October 13, 1993, a copy of which consisting of ten pages was recorded on February 10, 1995, in the hereinafter named Recorder's Office in Plan Book 69, Page 78, etc" which Plan is incorporated herein by reference as follows: BEGINNING at a point on the westem line of 50 feet wide Beverly Court at the dividing line between Lots Nos, 13 and 14; thence along said westem line of 50 feet wide Beverly Court by a curve to the left having a radius of 250,00 feet, an arc distance of 136,86 feet to a point at the dividing line between Lots Nos, 14 and 15; thence along the said dividing line between said Lots Nos, 14 and 15, South 51 degrees 40 minutes 49 seconds West, a distance of 464.45 feet to a point in line of land now or formerly of Robert E, Stuart and wife; thence along line of said land now or formerly of Robert E, Stuart and wife, North 03 degrees 15 minutes 00 seconds West a distance of 296.87 feet to a point at the dividing line between Lots Nos, 13 and 14; thence along said diViding line between said Lots Nos, 13 and 14, North 74 degrees 17 minutes 41 seconds East, a distance of 290,59 feet to a point on the westem line of Beverly Court, the place of BEGINNING, BOOK 260 PAG::4966 BEING all of Lot No, 14 as shown on said Subdivision Plan for Heritage Valley recorded as aforesaid, and contains an area of 72, 448 square feet or 1,66 acres, more or less, AND BEING improved With a dwelling known and numbered as 7 Beverly Court, Carlisle, PA 17013, ALSO BEING the same property which Linwood B, Phillips, Jr. and Robert M, Frey, by deed dated May 28, 2003, and recorded June 6, 2003 in the OffIce of the Recorder of Deeds in and for Cumberland County in Deed Book 257, Page 2303, granted and conveyed unto Peter Them BuDders, Inc., grantor herein, AND the Grantor hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the said Peter Them Builders, Inc, has caused this Deed to be signed in its corporate name by its President, the day and year first above written, Attest: PETER THEM BUilDERS, INC, ~Q~C~,Qo~~ ~(/?a ~ Peter p, Them, President o'999f$19:--191l::l!;;!lill9l~ jQ' ~ n ga.R-~P!i1~agE;gg m '" ! .... ~ ~ ........iiii!!. I l!2~ I I ... fD if~.&I'"" ......:>> ='OE ." '" - r;:f<:l!i;!::=~i"";;:,",j!!;=l~ a ~ .... - -.Q :z . -4 ~ ~i ! ....:-' ~~~ ~ "" :;;<l;' ~..... "'" : ~.. ~ r;t ..." ;l: on '" . ~~- :;; .....'" "' ~ .... . "" ... ~ <> !;J' i: . ..... .... ... ;;..1ll - N ..,,'" fOOK 260 I'AGE4967 ~ ~ ~i} -,.... ~ i;;j '" "'.. a .... '=' ~--.... li -....- .... '" ... ... """.-..';"01 <> ~~':S;:-1 ~.....~~~ ':i'? on .... ...."Oc.Ac..-IM3"1Qo.....~..a-.>Q - - ~<.";".gg8;".~.....~;,,.U.u. "" <::lOOll;; C)o 0 OClOO ;; -.0 . .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS, ,.J On this, the '2..l.. -day of ~ , 2003, before me the undersigned officer, personally appeared Peter p, Them, who acknowledged himself to be the President of Peter Them Builders, fne" Pennsylvania corporation, and that he as President, being authorized to do so, executed the within deed for the purposes therein contained by signing the name of the corporation by himself as President. WITNESS my hand and official seal the day and year first above written, I hereby certify that the precise mailing address of the Grantee is as follows: 7- tJ~6"?lj.'J C'''''''-rT, C2,;?/U../$''/c.. / P.-fJ-/'rt>/3 . . I Certi fy this to be recorded ~ In Cumberland County P A c::::; .. "'-.~ -,/;:;;;,,:.~r:' Jdt/<_:._ AttomeyforGrantee ;:.: '~}'40{. &OOX 260 PAGE4968 \f\ :,;~~:;#'/: Recorder of Deeds CS SYSTEMS C3~ SAN ~ P,O, Box 1067 DECK & CARLISLE, PA 17013 FENCE CARLISLE (MAIN OFFICE) CAMP HILL HARRISBURG GETTYSBURG DILLSBURG SHIPPENSBURG PERRY COUNTY TOLL FREE FAX (717) 243-0424 (717) 737.0101 (717) 23B-0457 (717) 337-12.22 (717) 432-8185 (71 7) 532-7075 (717) 582-7355 (800) 757-0424 (717) 776-9201 Job Estimate/Invoice 10513 CU$fO"ERINFORMATION Mailing Address: Job location: CHARLES HALL 162 LINCOLN ST, CARLISLE, PA 17013 7 BEVERL YCT. CARL5LE PA DATE 4-5-2005 17013 ORDER TAKEN BY IJonatkm Irwin 10# 13642 PIDNE 385-S4fI.) QTV. I MAT.IAL I~MOONT DESCRIPTI)NO'\lIlDIK INSTALL APPROX. 412 UN, FT, OF3-RAIL BOAID FENCE WITH WIRE, THERE ARE TWO GATES INCLLOED WITH 3-RAIL BOARD FEI'CE WI WIRE THIS BID. THEY WILL BE BUILT ON SITE BOARa; · PRICE INCLUDES STAINING OF BOARDS POSTS AND POSTS WIRE CONCRETE STAIN OTK. AMOUNT TOTALIv\A,TERIALSCOST - $2,0::0.00 EQUIPMENT $300.00 FEE GATE HARDWARE ISINCLLOED 1..A1lC'Jt. AWOlJtfr INST ALLA TlON $1,850.00 TOTALDUE FOR JUST WIRE ACRCl5S BACK STAIN I PAINT WITH STAINED POSTS TO MA TCH $1,27S.oo DA;fI:CC,...mEI) I Total Material s $3,27 S ,00 L//"'"/u,y- Total Labor I, / $ 1 ,850.00 Work orderby Signatlft Total Materials T olal Other Tax Total Est. Date Paid Check Number Terms S%Irrteresl chilrged on all accourrtsafler30 days SO%DEflosit - Baance due 'Pon completion Estimate good for 30 days Deposit paid Balance Partial Payment $3,27S.00 $300.00 $5.425.00 2000.00 {~~- ....., " () C:-,} ::f; ^"-) '::.rl ~ Co> -"-1 1 ~ ~ C,.) -', - '-'," } ,-- _..I ~ "" ~ -..... ~ .L 6"- '" ~ \ -l () C-\ ~ L.\ HAROLD .. IRWIN. III. DQUIRE SUP""'. COURT ID NO 2lIII20 84ltOU11t PITT S11U!BT CARLISU, PA 17013 T1"'t4.... ATTORNn' FOR CONTRACTOR C S SYST~MS, INC., Contractor I IN TH~ COURT OF COMMON PLUS OF I CUM8~RLAND COUNTY, P~NNSYLVANIA . . v. I CNIL ACTION. LAW CHARL~S ~. HALL, JR., Owner . . I NO.C6" - ']959 NU;> I M~CHANIC'S LI~N CLAIM Affidavit of Service of Notice of Filin~ Mechanic's Lien Claim COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :55: Harold S, Irwin, III, being duly sworn according to law, deposes and says that he served the notice, a true and correct copy of which is attached hereto as Exhibit ,*", upon Charles Hall, the owner of the lot and buildings therein described, on Aug'Gst 3,2005, by mailing the same to him by first class certified mail at 162 Lincoln Street, Carlisle, Pennsylvania 17013, Copies of the certified mail signed Ireceipt cards are attached hereto as Exhibit 'It", Sworn to and subscribed before me this 3RD day of August, 2005. Harold S. Irwin. III Attorney for the Contractor QC\~ COMMONWEALTH OF PENNSYLY. Notarial Seal Jane Adams, Notary Public Carlisle B01O, Cumberland ~ My Commission Expin:s Sept. 6, 2008 IT' Cl !'- m U,S, Postal Service, CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Ul m ...lIt) Il.l, m"" Cl &. CertIfledFee ClCl ;R_Foe ( ntRequ"-d) o Del/velyFee ~ (En ment ReqUired) Q Total Postage & Fees $ Ul El f..-vlct H.. I( !'- llh8itAP{Mi,.......---..----...-----;.-.----'.----------.---..-------..----....---- Of PO Box NQ. 16 l.-- /...,~ <0 I ~ >'f. Ciij,s;aiO;Zip+rC:;"j~~.i~--..""".--i);.-..m-/7~.;~"-"----.".---- OFFICIAL ,'ls" 2 --. $ USE -~ H... \ ~ . Comp/et!l1t8m$ 1, 2, and 3, A/$o complete Item 4 W FIe8Iricted DelIvery Is doeIr8l&. . Prtnt your name and _ on the """'"'" so \hat we can return the card to you, . Attach this card to the beck 01 the mellplece, or on the front W space permits, 1. ArtIcle AdCIreasecI to: <Char/t 1/,,11 I b 2.. ,'MP I.. St., c..,.(Is/e.. PA 1701'Y ;;:..--:~ /' [J Agent .~ [J_ ,_by(Printec:lNamol ~C, r..~ 0, lodellvery__ont"""'_ ~ ff YES, ontlIi' deIJveIy ..- boIow: No 3,~~ A;erlmod Moll [J ElqoMO M!llI [J Roglotorod ,)!l:i-m R_pt 'f ," [J _Moll [J C,O,O, 4. n.A.\ bod 1lIlIlIIIyt...,.., [J Yes L -" 2. Artk::le Number (T/'onsW from -1ItbsIJ PS Form 3811, February 2004 7005 0390 0003 2635 3709 ~ - Flocolpt 102595-02.M-1540 ! EXHIBIT "A" HAROLD S. I_IN, III, ESQUIRE SUPREME COURT ID NO 29820 84 SOU'l1l PITT S11lEET CARLISLE, PA 17013 717..z,1/~ ATTORNEY FOR CONTlIACTOR C S SYSTEMS, INC., Contractor : IN THE COURT OF COMMON PLUS OF : CUMBERLAND t::OUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 0.5'- 39 S9 t4 <"'-Q : MECHANIC'S LIEN CLAIM CHARLES E. HALL, JR., Owner Notice of Filing of Mechanic's Lien Claim TO: CHARLES E. HALL, JR. 162 LINCOLN STREET CARLISLE PA 17013 Take notice that a mechanic's lien for the sum of $3,425,00, plus interest at the rate of 5% since May 5, 2005, and costs of this matter has been 'filed against Charles Hall and all that certain tract of land and the improvements thereon known as 7 Beverly Court, Carlisle, Carlisle, Pennsylvania 17013 for certain construction labor and materials in the construction of improvements to said building, Said mechanic's lien was filed at Carlisle, PA on the 3rd day of August, 2005, and the same appears of record in the Cumberland County. Court of Common Pleas No, 2005 - ~y 59 /'fI,IJ. August 3, 2005 ~ HAROLD S. IRWIN, III Attorney 10. Claimant .. . C) " ~t'j :t':(') 7-('" 5'" c: 3. ~ --< :t-ti r:,~)~.:1~~ I" .." :;II: -..1. - v> .v ~