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HomeMy WebLinkAbout06-0608 THOMAS KINNEY, SR, and PAULA KINNEY, d/b/a KINNEY ASSOCIATES Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O(.. - l:.aF C~(J~L ~~ v. MOUNTAINEER REALTY OF MECHANICSBURG, LLC, MECHANICS' LIEN CLAIM RespondentlOwner MECHANICS' LIEN CLAIM 1. Claimant is Thomas Kinney, Sr. and Paula Kinney, dlbla Kinney Associates ("Kinney"), adult individuals with a principal place of business at 100 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Kinney is filing this claim as a contractor. 2. The RespondentlOwner is Mountaineer Realty of Mechanicsburg, LLC ("Mountaineer"), with a principal place of business at 321 Southview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Kinney completed its performance of labor and supply of materials by October 28, 2005. 4. Kinney contracted with Mountaineer to perform certain work at a property known as 48 - 50 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Kinney's work consisted of supplying labor and materials to renovate and repair the commercial vacancy at 50-B West Main Street, renovate and repair apartment 48 West Main Street, number 4, replacement of an oven/range in 48 West Main Street, number 1, and replace refrigerator in 48 West Main Street, number 3. The work performed -1- by Kinney is more particularly described on the portion of the invoice attached hereto as Exhibit A, which is incorporated herein by reference as if set forth at length. 5. Kinney is owed $6,994.57 for the labor and materials supplied to the Property between September 16, 2005 and October 28, 2005. Kinney has not received any payment from Mountaineer or anyone else for the labor and materials it supplied to the Property between September 16, 2005 and October 28, 2005. 6. The Property subject to this claim is located at 48 -50 West Main Street, Mechanicsburg, 17055, Cumberland County, Pennsylvania. The property is more fully described in the Deed between Thomas M. Kinney, Sr. and Paula L. Kinney, Grantors and Mountaineer Realty of Mechanicsburg, LLC, Grantee, recorded on January 8, 2002, at Deed Book 249, Pages 4656, et seq. A copy of the relevant portions of the Deed describing the Property is attached hereto as Exhibit B, and incorporated herein by reference as if set forth at length. -2- WHEREFORE, Claimant Thomas Kinney, Sr. and Paula Kinney, dlbla Kinney Associates demand a mechanics' lien against the Property located at 48 - 50 West Main Street, Mechanicsburg, 17055, Cumberland County, Pennsylvania, to secure the payment of all amounts due and owing from Respondent Mountaineer Realty of Mechanicsburg, LLC for the supply of labor and materials to the Property for the period from September 16, 2005 through October 28, 2005. Respectfully submitted, )LtJ.;1 athan H. Rudd, Esq. torney I.D. No. 56880 cNEES, WALLACE & NURICK 100 Pine Street Harrisburg, PA 17108 (717) 237-5405 Attorney for Claimant Date: January 23, 2006 -3- ^ IONNIY THOMAS, SR. AND PAULA KINNEY 100 WEST MAIN STREET, REAR+ MECHANICSBURG, PA 17055 OFFICE: (717)763-8719+ RESIDENCE: (717)763-1192+ FAX: (717)731-3481 CELL: (717) 877-7850 ASS 0 CIA T II S CLIENT Mountaineer Realty P.O. Box 2385 Mecbanicsburg, P A 17055 STATEMENT DATE: 9!16/0511ara 10/a1/05 48-50 West Main St. Mecbanicsburg DATE CHARGES AND CREDITS AMOUNT 9116/05- Completed renovations and repairs to 50-B West Main, 10/21/05 including: . Painting all walls, doors and baseboards . Treated all,mold and mildew areas in old plaster ceilings . Replaced all water damaged ceiling tiles . Installed suspended ceiling in rear storage room, behind 50-A, due to water damaged plaster . Removed all damaged carpet tiles 9/30/05- Completed all repairs & renovations to 48 West Main, #4, 10/28/05 after tenant vacated, including: . Cleaned out and removed two (2) truck loads of debris and furniture that was left by tenant . Removed all carpet and pad and replaced with new in living room, both bedrooms and hall area . Re-painted entire apartment -Continued- E~llotl-- "A \1 ^ IONNIY ASSOClATES c:..o~i DATE CHARGES AND CREDITS AMOUNT . Replaced all water damaged ceiling tiles in kitchen and bathroom 10/13/05 Replaced oven/range in 48 West Main, # 1 after receiving repair estimate from UGI of $250.00 10/24/05 Replaced refrigerator in 48 West Main, #3 after old one stopped working Total Material: $3088.57 Total Labor: $3906.00 Total: $6994.57 . i ALL MAJOR REPAIRS ARE <:OMPLETED. OnlT ser-rlc:e calls froln len_Is _III need 10 he done In Ihe futu_. THANK YOU FOR THE OPPORTUNITY TO SERVE YOU! '..., /.thfj/- /!o~/, / .. .AMonicalOoedslKlnney To MQUntatneer.~ ). 7. r- RECORDATION REQUESTED BY: Reager & AdJer, PC 2331 Market Slreet Camp BiD, P A 17011 (717) 763-1383 --~~= Mo ealty of MechaaWib1ll"g, LLC 327 C ght Drive M iii g, PA 17055 TAX PARCEL NO. 19-23-0565-023 :..:~[JS ',.,;:, i;.L/,\~l (CU~lTY-Fl. . 02 JRN 8 AI'l 11 1 Y After recording retum to: Mldlll:8tB ,Abstract 2331 MarXet StrBSt Camp Hill. PA 17011 (717) 763-1383 i1...-IO'2- SEND TAX NOTICES TO: Mountaineer Realty of M...1>.m....bnrg, LLC 3Z7 Candlelight Drive Mecbaulcsburg, P A 170SS SPACE AllOVE nns LINE IS FOR RECORDER'S USE ONLY THIS DEED, Made the 't I'--day of ~ Je.'JI--; ,2002, BETWEEN THOMAS M. KINNEY, SR. and PAULA L. KINNEY, hereinafter designated as the Grantors, AND MOUNTAINEER REALTY OF MECHANICSBURG, LLC, a Pennsylvania limited IiabUity company, hereinafter designated as the Grantee. WITNESSETH, that the Grantors for and in consideration of FIve Hnndred Twenty Five Thousand Do1lars ($525,000.00), lawful money of the United States of America, to the Grantors in hand well and trUly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, selI and convey unto the Grantee forever, ALL THAT CERTAIN piece or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on West Main Street; thence westward 46 feet 6 inches to the property fonnerly of George Waggoner and now or formerly of Walter Yost; thence by same northward 200 feet, '"J'/>" '"': ....:1 r....'_.-".J.~56 l1....r .......i..:Jo '/l,,:-"'lu E~\ ~ \ t \" () \\ 12) c:m(/Mon~ca/Oe8dsIKtnney To Mountsme8r.48.S0.Deed more or less, to Strawberry Alley; thence by said alley, eastward 46 feet 6 inches to the property formerly of Mrs. Andrew J. Gerhart and now or formerly of Bertha Krall; thence by same southward 200 feet, more or less, to the place of BEGINNING. HAVING THEREON ERECTED a three-story brick building occupied as a storeroom and apartments, numbered 48-50 West Main Street. BEING THE SAME PREMISES which PNC Bank, National Association by Deed dated February 24, 1994 and recorded May 9, 1994 in the Office of the Recorder of Deeds of Cumberland County, in Deed Book 105, Page 54, granted and conveyed unto Thomas M. Kinney and Paula L. Kinney, his wife, Grantors herein. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND AlSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and ro the Grantee proper use and benefit forever. AND the Grantors covenant that, except as may be herein sel forth. they do and wlll forever speclaUy warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against Ihe Grantors and all olher persons lawfully claiming Ihe same or to claim the same or any part thereof, by. from or under it. them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the wilhin instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if 1he words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. tioo~ 249 PAG,4857 ".CITlllMon'icalOeeds/Kinney To Mountalneer.48-50.Oeed IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of ~ 800K 249 PAGE4658 .' .);'h<~:?_ Jj,~ ~' ',_ f ,- :~'.".1~, ~.l :.J:... f' ~p. .~"., "0" ,". ,.' -;'" : ,; ,~' ','4:.';", '.R' :<~.: ,~,{':iiJ'~.: ~.t, .$\_~r: '/.1.;;....'-";. ' :'E':A:-" . - .', ~" ...... . .,.,1. ~ cmrlMonlcalOeedslKiMey To Mounta\neer.48-50.Oeed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cu IA-l~la. t't.-C ; SS. BE IT REMEMBERED, that on J-a. /.l-U ~ 4- ~L , 2002, before me the subscribers personally appeared Thomas M. Kinney and PaullL. KiDney known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledge that executed the same for the purposes therein contained. ' IN WITNESS WHEREOF, I hereunto set my hand and official seal. l b'&2-- .,?~J ., Notary Pu lic Na ; ~.., ,..,-- ._CoIlnly ,j J.n. 14t 100I ~otNotl.rii' _Soal MonIca D. Z8n:lhtt, Notary PWIc camp H1U Bora, Cumbsrlal'l:l County My CommlUkln E:~ Jal\ 14,200'2 Member, PenflSytvanla As!OCle,\iOn ~ NOtann COMMONWEALTH OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND . ~~rl,:r;: . Recorded in the Office of the Recorder of Deeds, etc.. in and for said County, in DeedlRecord Book . Page Witness my Hand and Official Seal this day of C;alt>~t'lan~ Cllunh Recorder of Deeos J.uww;ent Filin3 . LIJ(1'L.. Recorder Rer.eiFtft 3'll662 lnstr~ ZQ02-D01004 1108/2002 11:16:00 Re~~t'ks: MIPSTATE/liDUNTAlNEER DEED OCED . WRIT DEED - m srm HEC!1ANICSBURl3 MECHANICSBURG BORD DEED . A/H al 1~Ff<llvtMa.1 F~O REC. IMPRV"T FUHD a,"o:k~ Z6S0 Check& 32706 C~ed,& 32705 Tohl r(l!".i~....... U.5\' .50 5250.00 2625.00 2625.00 11.50 1.00 1.00 S5:271.00 J.SO $5,250,00 $1{l~527 .50 1l00M 249 PAGt4659 VERIFICATION We, Thomas Kinney, Sr. and Paula Kinney, d/b/a Kinney Associates, Claimants in the within action, verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of authorities. 18 Pa.C.S. S4904, relating to unsworn falsification to ~ """"', Paula Kinney Dated: January /6, 2006 feomment: VERIFICATION - "-1 L~~;'6~~TE. STA~E CO~~T. _J lJ "lO. 'J) "- ~ ..(: It- \) C> -v ~J ~ --- f~ <:.~~ ..... ~ C.- C~ l;3 f- C_l'~ -I 6" L. ::r.:." VJ ~ nl{::;:, ~ ~ l? 'O(l.:! W r".) -~) lrJ 0 ',:1C) -.;) -f.--. ......--" -l-'"fl -J... \:) .,~} -- ~ .C) c5f'n (~~ -,"' c...) :S -< ~, SHERIFF'S RETURN - REGULAR CASE NO: 2006-00608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KINNEY THOMAS SR ET AL VS MOUNTAINEER REALTY OF MECHANIC MICHAEL 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 MOUNTAINEER REALTY OF MECHANICSBURG LLC the OWNER , at 1606:00 HOURS, on the 2nd day of February, 2006 at 321 SOUTHVIEW DRIVE MECHANICSBURG, PA 17050 by handing to GINA WILLIAMS, ADULT IN CHARGE 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 9.68 .39 10.00 .00 38.07 r~~~~~4 R. Thomas Kline me this If!::- day of 02/03/2006 MCNEES WALLAC~/~I~ ~ BY~~~ Deputy Sh riff --.. '-. Sworn and Subscribed to before } A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00608 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KINNEY THOMAS SR ET AL VS MOUNTAINEER REALTY OF MECHANIC MICHAEL 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 MOUNTAINEER REALTY OF MECHANICSBURG LLC the OWNER at 1606:00 HOURS, on the 2nd day of February 2006 at 321 SOUTHVIEW DRIVE MECHANICSBURG, PA 17050 by handing to GINA WILLIAMS ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE and at the same time directing Her attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Postage Surcharge 18.00 9.68 .39 10.00 .00 38.07 So Answers: r;:g::~,,<~ me this .k-. /4 - day of / R. Thomas Kline Sworn and Subscribed to before J7~ A.D. Pro otar THOMAS KINNEY, SR, and PAULA KINNEY, d/b/a KINNEY ASSOCIATES Claimant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-608 v. MOUNTAINEER REALTY OF MECHANICSBURG, LLC, : MECHANICS' LIEN CLAIM Respondent/Owner PRAECIPE TO SATISFY AND DISCONTINUE MECHANICS' LIEN CLAIM TO THE PROTHONOTARY: Please mark the above-referenced Mechanics' Lien Claim as satisfied and discontinued. Respectfully submitted, ,.~~ athan H. Rudd, Esq. orney 1.0. No. 56880 cNEES, WALLACE & NURICK 100 Pine Street Harrisburg, PA 17108 (717) 237-5405 Attorney for Claimant Date: May 17, 2006 j \ ~ f'....;) 0 = = " CT" -4 C> ::!: :I:" ;po n'F C> -< -om ~o6 ........ "- ~ \D (~~ _1 't C> ~i:H - -0 ()-- ~ v.J ::i:: ;:~i~ , ""<::: - S! ~ .. ...... ~ ~ - 0'1 --....