HomeMy WebLinkAbout06-1591
BRADCO SUPPLY, INC. tld/b/a
WICKES LUMBER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. D~ - / r; 9/
fJ1l-b
"/ c:Y /11
R. HART ENTERPRISES, INC.
: CIVIL ACTION - EQUITY
MECHANIC'S LIEN CLAIM
ORIGINAL
1. The Claimant/Plaintiff, Bradco Supply, Inc. t/d/b/a Wickes Lumber, a New Jersey
corporation authorized to conduct business in the Commonwealth of Pennsylvania, with a place
of business located at 451 AMP-Wick Drive, Harrisburg, Dauphin County, Pennsylvania.
2. Between December 2, 2005 and December 20, 2005 the Claimant supplied
building materials in connection with an improvement on property located at 4915 Wood box
Lane, Mechanicsburg, Cumberland County, Pennsylvania.
3, The building materials were provided by Claimant to R. Hart Enterprises, Inc
pursuant to an oral contact with R. Hart Enterprises, Inc., 5154 Kylock Road, Mechanicsburg,
Cumberland County, Pennsylvania,
4. Pursuant to this oral contract between the Claimant and R. Hart Enterprises, Inc.,
the Claimant furnished building materials listed on the attached invoices marked as Exhibit "A",
5. As a consequence of the building materials provided by the Claimant, the
Claimant is owed the sum of $754.06, which is currently past due.
6. The legal description of the property of the Owner that is subject to the
mechanics' lien claimed by the Claimant is:
(see attached deed)Beginning on the eastern right-of-way of Wood box Lane as
shown on the hereafter mentioned plan; Thence along said right-of-way North 34
degrees 21 minutes 30 seconds West a distance of 72.81 feet; thence, North 57 degrees
18 minutes 02 seconds East a distance of 115.37 feet; thence, South 32 degrees 39
minutes 36 seconds East a distance of 12.47 feet; thence North 57 degrees 20 minutes
24 seconds East a distance of 41.80; thence South 32 degrees 41 minutes 58 seconds
East a distance of 72.52 feet; thence along lands now or formerly of Clarence G, Stoner
and Mary Ann Bradley South 61 degrees 48 minutes 34 seconds West a distance of
155.54 feet to the point of beginning,
This property is also known as 4'115 Wood box Lane, Mechanicsburg,
Pennsylvania and the improvement is a residential dwelling,
KUNDRAT & ASSOCIATES
By:
J
10 Boas Street
H rrisburg, Pennsylvania 17102
( 17) 232-3755
Attorney 1.0. No. 24958
Attorney for Claimant/Plaintiff
Dated: March 2-':; , 2006
ORIGINAL
~dCO Supply
~iCkel lumber
CUST,It:
321993
1
SHIP TO It:
SHIP m HART ENTERPRISES INC, R
5154 KYLOCK ROAO
MECHANICSBURG. PA 17055
Bill m HART ENTERPRISES INC. R
5154 KYLOCK ROAO
MECHANICSBURG, PA 17055
LINE
NO.
1
1
INVOICE
*** D U P L I CAT E ***
INVOICE DATE
12/20/05
ORDER No.
5691310.00
000000
I
PAGE II
1035
REMIT TO:
Bradco/Wickes - Harrisburg
451 JPL Wick Drive
Harrisburg, PA 17111
PHONE 717'564-4453
FAX 717 -564,1952
CALL WHEN IN
Bradco/Wickes - Harrisbu
TERMS
Wickes10th
Qty
1
Total
Del/Fuel Chg
Taxes
Invoice Total
212.98
25.00
14.28
252.26
Last Page
See Reverse Side for Terms and Conditions
Cash DisCount
0.00 If Paid By 12/20/05
1
gss 3~Vd 69<: X009 .
~ or. U ~
" - ~
~ ~...
... ~l~~
a ~ ~
i \
~..........~
r..1 0 .. '"
~~<\Q
~ ~ ,... ~ .~r-
\ i ",~=t='
~ ~..-"'"""
1 \:1"'tcC
<~ t
i ~ ~
, A
~VA
.~ '"
t~ ~
~8 .s .-f
IS j ~
~o i -:F'
-;\ ... ~
~&. .!l ,..
.. < \
...-! g ~
~.!1. z:ci""
o~.. ~1
-g 8'~ l~\ -
.%>~ ~ ~
! ~ ~~~
~~
~:9~
~~'-
... 0
--------
,._".,
~~SS
.."
'. c .'
'.
Prepared By:
The Law Offices of Peter J. Russo, P.C.
3800 Market Street
CampHill,PA 17011
(717) 59H 755
''''.'.: ;~;[:; OF DE: .!:,
~ ,: ": i ".": i) C (~( i I T
za05 SEP 2 ArJ 8 30
Return To:
Above Address
DEED
Tax Parcel No. Lot # 3 of 13-26-0247-031
THIS INDENTURE, made the ~ day of ~A 0. ~ S-\- in the year of our Lord
Two Thousand Five (2005). ~
BETWEEN CAPITOL DEVELOPMENT GROUP, INC. a Pennsylvania
Corporation. GRANTORS, Party of the First Part,
A
N
D
R. HART ENTERPRISES, INC., a Pennsylvania Corporation, GRANTEE, Party of
the Second Part,
WITNESSETH that the said Party of the First Part, for and in consideration of the sum of
THIRTEEN THOUSAND F1VE HUNDRED ($13,500.00) DOLLARS, lawful money of the
United States of America, well and truly paid by the said Party of the Second Part to the said Party
of the First Part, at and before the sealing and delivery of these presents, the receipt whereof is
hereby acknowledged, have granted, bargained, sold, alienated, enfeoffed, released, conveyed and
confinned and by these presents does grant, bargain, sell, alien, enfeoff, release, convey, and
confinn unto the said Party of the Second Part, its heirs and assigns.
ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland
COWlty, Pennsylvania, bounded and described as follows, to wit:
BEGINNING on the eastern right.of-way of Woodbox Lane as shown on the hereafter
mentioned plan; Thence along said right-of-way North 34 degrees 21 minutes 30 seconds West a
distance of 72.81 feet; thence, North 57 degrees 18 minutes 02 seconds East a distance of 115.37
feet; thence, South 32 degrees 39 minutes 36 seconds East a distance of 12.47 feet; thence, North
57 degrees 20 minutes 24 seconds East a distance of 41.80; thence South 32 degrees 41 minutes 58
seconds East a distance of 72,52 feet; thence along lands now or formerly of Clarence G. Stoner
eollX 270 PAGE3970
!lill
11
.---'..--.r--'-....._,.. -
".,..."".,
and Mary Ann Bradley South 61 degrees 48 minutes 34 seconds West a distance of 155.54 feet to
the point of beginning.
CONTAINING 11,795 Square Feet.
PARCEL OF LAND being Lot 3 on plan entitiIed "Final Subdivision Plan, Capital
Development Group, Inc., Lower Allen Township, Cumberland County, Pennsylvania". dated May
23,2005, last revised July 8, 2005 by Alpha Consulting Engineers, Inc. and recorded on August 19,
2005, in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 91, Page
28.
BEING A PORTION OF THE SAME PREMISES which Susan M. Ritter, single
person, by her Attorney-in-Fact, granted and conveyed unto Capitol Development Group, Inc., a
Pennsylvania Corporation, by deed dated December 20, 2002, and recorded on January 6, 2003,
in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 255,
Page 11 06.
UNDER and SUBJECT to restrictions and conditions as now appear of record.
AND THE SAID Party of the First Part, for themselves, their heirs, executors and
administrators, does by these presents, covenant, grant and agree to and with the said Party of the
Second Part, his heirs and assigns, that they, the said Party of the First Part, their heirs all and
singular the hereditaments and premises hereinabove described and granted or mentioned and
intended so to be, with appurtenances, unto the said Party of the Second Part, his heirs and assigns,
against the said Party of the First Part and their heirs and against all and every other person or
persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under
them, them or any of them, shall and will, by these presents, SPECIALLY WARRANT AND
FOREVER DEFEND.
THE REMAINDER OF TillS PAGE [S INTENTIONALLY LEFf BLANK.
;:~.j ~;~ ;9 9 i:~~ :i;i: :~'~'I ~ b ~ ~ ~ ~
::aT:Ji: :ll ::": ~ " 1'-..1 :,'-:, a ~ ~~ ~ ~ gj
~..~ ;:>:;" ::-.::- ~-r.- ~-:il:; I:.l': I ~
."~':~';:tlr.IJ:P:t~;;~:: l::t>~ I ,
.'1;1 ,-- _..Q>- I::' 1::..1 .... ;l>r--c:::::I:lIO-=
I-I c..-.t(...,&o;:r.:r..;:::: ........r-;;Q-i::O
rD .o.l:J ...0 r...:! ~::: C'"' :':1::.. ::t: tT1 ,." -I _
....... cr-- 0'" ~-:I :::I:: ~.lJ:: .. % -1
~ ~ c; ....... : ~~ ;;...., -l ~
...... .2 I ...~., .:: ~
: ~.:'q" -0 ~
.. '"='~
. l::::l
...........1._
~..........- ......
~~~~,"-..,t"...:I~:::~~:d :=
. .. .. .. . .. .. . .. . .. .. .
~gg~:58;ggg~ggg
x'
,~
'"
'"
.,
~
'.rt
""
m
r--
~
~
r.n
~
....
,..,
r-
'i'
~
""
.....
~
~
;S
,~
~
'"
I-'of
~
U'
rl.
,
,,"
"-'
g
~"
,~,
<;:,
1'..;1
a-,
c'
0:.,.<'\
~
-
""
~
-
,..,
""
:5\
""
~
::1
""
-
~
:'l
~,
'n
,;.
""
,~
;5
''-
'"
~
'"
~
"'-
~-I n
~ 0
~ <=
....... -"='
..., .'"1-
~ '<
~
;:o~
:=l fD
.;- '-I
o
'""
I-'-\::J.
-,~
~, ~
'"
.... 0
-,
,,'
,..- ,.;;
.<....
,
'~ (J
....'::)
-.'"" <.-.-
.... ().. ()
. ~
CJe,
o ......
....:;-.., ~'o
"':'b ":_~ 0
A 0
,,'_L ~
,~..""~ l'"1j...--.......
(1
... . '? p.
.....
(.,1.-
(~
~.
o
,....,
d
c-
("";'
~
,-"
."
""
c-.
""
a-,
,>.
^,
\.
=
'"
'"
o.
"'
BOOK 270 PAGE3971
-_._..~'_._..,..,. "."....-- n
"...-r-'....
,...-.".
IN WITNESS WHEREOF, the said Party of the FiIst Part, have hereunto set their hands and seal
the day and year first above written.
Signed, Sealed and
Delivered in the Presence of
f6~fiJ.IP
AITEST:
(Corporate Seal)
COMMONWEALm OF PENNSYLVANIA
COUNTY OF (Y llJ)\ be j\ 0.1\ ct
)
:SS
)
On this. the bl'?Jrtky o~~ \- ~ before~, a Notary Public, the
undersigned officer, personally appeared \-. w u ~ , known to me
the V if! ~ ,'olrnt of CAPITOL DEVELOPMENT GROUP, INC. and as
such . has executed the within instrument, and acknowledged
that ~ executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set y
My Commission Expires I'D I~ + \ tJ ~
NOTARIAL SEAL
lESLlE E, DUTTON, NOTARY PUBLIC
MfCHANICSBURG BORO.. CUMBERLAND CO
MY_COMMIS";ION i:'v"'~o:>r... f1,~r- ": ?~r:5 .
BOoX 270 PAGE3972
.." "l!!I'r"'-' .,...--......-.....- 11
"--'--""'--'" "
IN WITNESS WHEREOF, the said party of the First Part, have hereunto set their hands and seal
the day and year first above written.
Signed. Sealed and
Delivered in the Presence of
ATIEST:
J\~"""",)8'~
(Corporate Seal)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~u. ~ bfi (I Cl (\ d
)
:SS
)
On this, the ~~y of At,1 ('). U 's.1- 200~, befoI't\lpe,l\ N?tary Public, the
undersignedofficer,personallyappeared ~ '-rtl (j). H-A.,rf',J(knowntome
the1'\1'1 \V.q~ of CAPITOL DEVELOPMENT GROUP, INC. and ~
such '1 ' has executed the within instnnnent, and acknowledged
that .n l executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto
My Commission Expires \0 \ ~~\ n ("
l IIllTARIAL SEAL
MECH~~~~r. DUTTON, NOTARY PUBLIC
" MY COlflfl~~~N B&~~~[~Uo~~[W~Rrc,o
BOOK 270 PAGE3973
"-"-'-'"~--' lHll
\I
""'-1'-.."""
,-, 0
,~'~
--fA. .:;::::, .",
0 c,-..
19 ::'!<' ,_I
7.i- .......,; eX'
!:- ",V" n1:D
\.I:- 'l::.. :.."J . ,-
~(l 'J~~
;~..) "l\. .
6 c:;) "'C';' (,
.l..-
- U[ , "
..::t -t) .:-t~
~ -...... ;}(~
en -u ,.-;cn
~ If- "
~ r" CD
}J ..-
~
T
.__._----------~----
) ..
BRADCO SUPPLY, INC. tld/b/a
WICKES LUMBER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-01591 P
R. HART ENTERPRISES, INC.
: CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE OF NOTICE
John S. Kundrat, after first being duly sworn, states that:
1. He is counsel for Bradco Supply, Inc. Vd/b/a Wickes Lumber in the above-
captioned matter,
2. As counsel, he directed the Sheriff of Cumberland County to serve the
enclosed mechanics lien claim upon Defendant in this matter.
3. Service was accomplished at 16:00 hours on the 4th day of April, 2006. A
copy of the Sheriff's Return is enclosed.
ohn S undr
107 as Street
Harrisburg, PA 17102
(717)232-3755 0 RIG I NA L
PA!.D.24958
Counsel for Claimant
.
.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01591 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BRADCO SUPPLY INC TDBA WICKES
VS
R HART ENTERPRISES INC
CPL. BRAIN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsy1vania, who being duly sworn according to law,
was served upon
says, the within MECHANICS LIEN CLAIM
R HART ENTERPRISES INC
the
OWNER
at 1600:00 HOURS, on the 4th day of April
2006
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
RICHARD P HART JR, PRESIDENT
by handing to
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
8.80
.39
10.00
.00
37.19
So Answers:
~i/#
,rg~='.':<::::,r~J
R. Thomas Kline
04/05/2006
KUNDRAT & ASSOCI
me this
day of
Sworn and Subscribed to before By:
A.D.
Prothonotary
.--:
I...}
-'~ -en
.->
(,-;
~,<
BRADCO SUPPLY, INC. t1d/b/a
WICKES LUMBER
: IN THE COURT OF OMMON PLEAS OF
: CUMBERLAND COU TV, PENNSYLVANIA
v.
: NO. 2006-01591 P
R. HART ENTERPRISES, INC.
: CIVIL ACTION - LA
PRAECIPE TO SETTLE, SATISFY and DISCONTIN E MECHANICS LIEN
TO: Prothonotary, Cumberland County
Kindly mark the docket Settled, Satisfied and Di continued,
Respectfully s bmitted,
J . Ku or t
ey for PI intiff
D 24958
1 Boas Stre t
Harrisburg, P 17102
(717) 232-375
Dated: Ma~\,o ,2006
OIR\G\NAL
'^ HI;:'''' 1
.....1 ;"\.., , ~ "..
() ~
-p ~ ~
i:- 0
0
~ (') ....' 0
- w =
C <;.;;:::) 41
~ (;;J......
l ,""-' ~ ::2...,.,
~ -nc- -"'
r"ll1 :r-"" n' f::
~ -,
V) :[) ,.,c,", c, U -31~..
...c: (;;> ,
t r:' ,,\e_,
I -',
<: ~ .:~~
Y;'''
~ -,:';:-. ~,,~
~
~ - ':.::.,
., ?:O
0 "<
cr.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01591 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BRADCO SUPPLY INC TDBA WICKES
VS
R HART ENTERPRISES INC
CPL. BRAIN 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
R HART ENTERPRISES INC
the
OWNER
, at 1600:00 HOURS, on the 4th day of April
, 2006
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
RICHARD P HART JR, PRESIDENT
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
8.80
.39
10.00
.00
37 .1~\.... 04/05/2006
-/1 KUNDRAT & ASSOC
So Answers:
~~~
R. Thomas Kline
me this
C-
/,t ~
day of
Deputy Sheriff
Sworn and Subscribed to before By:
~i
;J aT! 1-
A.D.
Prothonotary