HomeMy WebLinkAbout05-5467
WHISLER'S WELL DRILLING, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: DOCKET NO. ;;<(0)- 51.f& 1
rv1 L. D
WILLIAM W. DIETRICH
and JUDY A. DIETRICH, jointly
and severally,
Defendants
: MECHANICS' LIEN
To: William W. Dietrich
675 Brandy Run Road
Newville, P A 17241
Judy A. Dietrich
675 Brandy Run Road
Newville, P A 17241
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
You are notified that a mechanics' lien claim in the amount of$9,300.00 has been filed
on behalf of Whisler's Well Drilling against the property located at 675 Brandy Run Road,
Newville, Cumberland County, Pennsylvania, of which you are the owners or reputed owners.
The claim was filed on the 19th day of October, 2005, in the Court of Common Pleas of
Cumberland County, Pennsylvania, at the above-referenced Docket Number. A copy of the
claim is attached.
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Michael T. Traxler
Attorney ID# 90961
ABOM & KUTULAKIS, L.L.P.
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
WHISLER'S WELL DRILLING, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: DOCKET NO.
WILLIAM W. DIETRICH
and JUDY A. DIETRICH, jointly
and severally,
Defendants
: MECHANICS' LIEN
MECHANICS' LIEN CLAIM
NOW COMES Whisler's Well Drilling, Inc. ("Claimant"), by and through undersigned
counsel, and files this claim of mechanics' lien against William W. Deitrich and Judy A. Dietrich
and their improvements and property at 675 Brandy Run Road, Newville, Cumberland County,
Pennsylvania for the payment of all debts due Claimant as a contractor for labor and materials
furnished in the installation of a new boiler. In support of this claim, the Claimant makes the
following statements:
1. The Claimant is Whisler's Well Drilling, Inc., having its principal office at 366-1
Green Springs Road, Newville, Cumberland County, Pennsylvania.
2. The owners or reputed owners of the property and improvements against whom this
claim is filed are William W. Deitrich and Judy A. Dietrich ("Owners").
3. Claimant makes this claim as a contractor. Claimant provided certain work, labor,
equipment and materials related to the installation of a new boiler on Owners' property.
Invoices, which describe the work performed, are attached hereto as Exhibit "A" and are
incorporated herein.
4. Claimant completed the furnishing of the work, labor and materials that are the subject
of this claim on or about July 25, 2005.
5. The total amount claimed to be due and owing is $9,300.00 for work and materials
provided.
6. The property subject to the lien is 675 Brady Run Road, Newville, Cumberland
County, Pennsylvania, Parcell.D. No. 44-05-0409-054, Deed Book 260, Page 2,163, including
all equipment that as part of said structure constitutes fixtures, together with the lot or curtilage
appurtenant thereto belonging to the same Owners.
7. This lien is claimed from July 18,2005, the date Claimant commenced performance of
the work on the property herein described and against the Owners' interest in that property.
WHEREFORE, Claimant files this claim for mechanics' lien in the amount of$9,300.00
plus costs and interest as provided by law.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
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Michael T. Traxler
Attorney ID# 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Claimant
VERIFICATION
I, Kenneth 1. Whisler, hereby verify that the facts set forth in the foregoing Mechanics'
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 18 Pa.C.S.
S4904, relating to unsworn falsification to authorities.
Date: )1!:'l~lq-().l
~~~Q
Kenneth 1. Whisler, Authorized Agent
Whisler's Well Drilling
Exhibit A
Whislers Well Drilling Inc.
366-1 Green Springs Road
Newville, Pa 17241
Phone: (717) 776-6211
Fax: (717) 776-9441
Invoice
Dale Invoice #
712912005 5734
BIIITa
BILl. DIElRlCH
675 BRANDY RUN ROAD
NEWVlLLE,PA 17241
Description Amount
HE INSTALLATION OF ONE EKl SYSTEM 2000 aOILER I 9,300.00
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( COpy //!
Total 59,300.00
Whislers Well Drilling Inc.
366-1 Green Springs Road
Newville, Pa 17241
phone: (717) 776-6211
Fall:: (717) 776-9441
Invoice
Date Invoice ,
7129/2005 5734
Bill To
BILL DIETRICH
675 BRANDY RUN ROAD
NEWVILLE, .P^ 17241
Description Amount
HE INS'TALLATlON OF ONE EKI SYSTEM 2000 BOU.ER 9.300.00
OFFICE
Total $9.300.00
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO.
WHISLER'S WELL DRILLING, INC.,
Claimant
WILLIAM W. DIETRICH
and JUDY A. DIETRICH
Defendants
: MECHANICS' LIEN
CERTIFICATE OF SERVICE
AND NOW, this 19th day of October 2005, I, Michael T. Traxler, of MOM &
KUTULAKIS, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing
Mechanic's Lien, upon the Defendants by depositing, or causing to be deposited, same in the
United States Mail, Certified Return Receipt Requested to the following:
Via Certified Mail
William Dietrich
675 Brady Run Road
Newville, PA 17241
Via Certified Mail
Judy Dietrich
675 Brady Run Road
Newville, PA 17241
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Michael T. Traxler
Attorney for Claimant
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WHISLER'S WELL DRILLING, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: DOCKET NO. 05-05467
WILLIAM W. DIETRICH
andWDY A. DIETRICH,jointly
and severally,
Defendants
: MECHANICS' LIEN
AFFIDAVIT
On October 27, 2005, Brian Barrick, Cumberland County Deputy Sheriff, served copies
of the Notice of Filing of Mechanics' Lien Claim and the Mechanics' Lien claim in the above-
captioned matter individually on William and Judy Dietrich at 675 Brandy Run Road, Newville,
PA 17241. True and correct copies of the Sheriffs Returns are attached to this Affidavit as
Exhibits "A" and "B."
Respectfully submitted,
ABOM & KUTULAKIS, LLP
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Michael T. Traxler
Attorney ID# 90961
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Claimant
.
Exhibit A
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
DIETRICH WILLIAM W ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
DIETRICH WILLIAM W
the
OWNER
at 1019:00 HOURS, on the 27th day of October
2005
at 675 BRANDY RUN RD
NEWVILLE, PA 17241
by handing to
JUDY DIETRICH, WIFE
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
Postage
Surcharge
18.00
16.32
.37
10.00
.00
44.69
So Answers:
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R. Thomas Kline
10/28/2005
ABOM & KUTULAKIS
Sworn and Subscribed to before By:
me this
day of
A.D.
Prothonotary
.
Exhibit B
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
DIETRICH WILLIAM W ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
DIETRICH JUDY A
the
OWNER
at 1019:00 HOURS, on the 27th day of October ,2005
at 675 BRANDY RUN RD
NEWVILLE, PA 17241
by handing to
JUDY DIETRICH
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
.00
.00
10.00
.00
16.00
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R. Thomas Kline
me this
day of
10/28/2005
ABOM & KUTULAKIS;,? (
By: I~Jfl1- ~
Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
WHISLER'S WELL DRILLING, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: DOCKET NO. 05-05467
WILLIAM W. DIETRICH
and JUDY A. DIETRICH
Defendants
: MECHANICS' LIEN
CERTIFICATE OF SERVICE
AND NOW, this 4th day of November 2005, I, Michael T. Traxler, of ABOM &
KUTULAKIS, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing
Affidavit upon the Defendants by depositing, or causing to be deposited, same in the United
States Mail, Certified Return Receipt Requested to the following:
William Dietrich
675 Brady Run Road
Newville, PA 17241
Judy Dietrich
675 Brady Run Road
Newville, PA 17241
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Michael T. Traxler
Attorney for Claimant
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
DIETRICH WILLIAM W ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
DIETRICH WILLIAM W
the
OWNER
at 1019:00 HOURS, on the 27th day of October ,2005
at 675 BRANDY RUN RD
NEWVILLE, PA 17241
by handing to
JUDY DIETRICH, WIFE
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
Postage
Surcharge
So Answers:
18.00
16.32
.37
10.00
.00
44.69
..//.
". , .';>"' ,0',,/'-<
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R. Thomas Kline
10/28/2005
ABOM & KUTULAKIS
Sworn and Subscribed to before By:
me this
9'3:-
day of
~J&v-u.~k J(jO{ A. D.
pp;~~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHISLER'S WELL DRILLING INC
VS
DIETRICH WILLIAM W ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
DIETRICH JUDY A
the
OWNER
at 1019:00 HOURS, on the 27th day of October
2005
at 675 BRANDY RUN RD
NEWVILLE, PA 17241
by handing to
JUDY DIETRICH
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
.00
.00
10.00
.00
16.00
J
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R. Thomas Kline
me this '1";;
day of
10/28/2005
ABOM :y K<ITm~JG~!It t
Deputy Sheriff
Sworn and Subscribed to before
]~
-~ ho tary
A_D.
"
WHISLER'S WELL DRILLING, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: DOCKET NO. 05-05467
WILLIAM W. DIETRICH
and JUDY A. DIETRICH, jointly
and severally,
Defendants
: MECHANICS' LIEN
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please enter satisfaction ofthe mechanics' lien claim in the above-captioned action.
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.P.
1/ 9' / .;JtJ(J fo
Dati I
~~,--~--..
Michael T. Traxler, Esquire
Attorney I.D. No. 9096]
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Claimant
....
CERTIFICATE OF SERVICE
AND NOW, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that 1
did serve a true and correct copy of the foregoing Praecipe to Satisfy by depositing, or causing to
be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the
following:
David Stone, Esquire
Stone Lafaver & Shekletski
414 Bridge Street
New Cumberland, P A 17070
Hamilton C. Davis, Esquire
Law Offices of Zullinger - Davis, P .C.
20 East Burd Street, Suite 6
Shippensburg, P A 17257
Respectfully submitted,
ABOM & KUTULAK/S, LLP
DATE 1/'1/ ,;J.tJdo
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Michael T. Traxler, Esquire
36 S. Hanover Street
Carlisle, P A 17013
(717) 249-0900
ID No. 90961
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