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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