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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. . V!--;/l --ttu./k I- I~ 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 - :E--~ '-?l1J>U!U.. I. I. 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 /' '\ I ( 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 " /7 ~ ~~ -r:~ ~ Michael T. Traxler Attorney for Claimant ~ 0> ~ '9;.. ~ --L c 0 "----'- ~ C" ..---" ~,..., '>>--) ~ .--.0 s;---.. ,\ ~ 0 ?< ~ (' .. @ .-., -":J ,';..:l en o -n -l :-C In C"l CO) I..n C-.! (.':"\ 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 , / /7............-- ~ ~./~ l (,/1--<-<,' 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: ....~'~.r..~} -~".~,~;:/ ,9""~/: 7"'- /?&-~<..-.-;;c\:'~~~1r,r:.~~ 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 ,'j"' ~/"!,, ~-,..,"'- l' ,<:"'"",,' 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 ~~-~ I . /, I,~/t~ Michael T. Traxler Attorney for Claimant o ~ -t: "'. ~,;1 ';,;" .~ r~- \- e.:._ .:'1. -;.~'~ C' ),""C " ,-~; ::'4 -< ..-' c.::) c:'~ cT' ..,.. .C? ...::: I .0:- "'" -;j; o -11 ::-I..,., :s;,~ (if'-: -:SQ ') \ '",,0 ,_ -,I "L. -f) --~~? }5 0-<:. tf. cJ1 - -, 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',,/'-< ,~;):>' (:, . ," "' //~-' ;,>.:,::",",":~::::' ?~'~,..Jir~U:' 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;~~ /"- . 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 J... :r .",,-'/ _ ,;.' . " . ,~. i; 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 , , ~-r~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 -- ~ 'rV Q~ -- e:f ~ l.,.... ~ ~ 1.....:>,\ j <" cl_: f"~ ~~ <- ::",-, 0<;'- o -0 , .::- "? 0) " "') -