HomeMy WebLinkAbout01-5292Thomas E. Whitman and
Cathy_'L.
In the Court of Common Pleas. County of
vs.
Haubert Homes, Inc.
Pennsylvania
Number
Term. 19
WHEREAS,
of
is about to execute contemporaneously herewith, a contract, with
of
for the erection of a story
Pennsylvania.
Pennsylvania,
building upon a lot of land situate
As per attached legal:
NOW. ~. c~ c.,a ~ T 5 i * 19 . at the time of and immediately before the execution of the prin-
cipal contract, and before any authority has been given by the said
to the said
to commence work on the said building, or purchase materials for the same in consideration of the making of the said
contract with and the further
consideration of One Dollar. to paid
by . it ~s agreed that no lien shall be filed against the
building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any
lahor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such
liens being expressly waived.
WITNESS. our hands and seals the day and year af°res~,ffubortx,~ L /._~_~,/~, ~.7 ,..._/HomeS, Inc
ALL THAT CERTAIN piece or parcel of land situate in Lower Allen
Township, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point located on the southern right-of-way line of
Vineyard Haven at Twenty-five Feet (25') from the centerline of
the same near the end of the cul-de-sac at Fifty Feet (50') from
its center and being the front property corner with lot #77.
THENCE along said right-of-way, with a curve to the left having a
Radius of Fifty and Zero Hundredths Feet, an Arc length of
Forty-eight and Forty-nine Hundredths Feet, a bearing of North
Sixty-six Degrees Thirty-nine Minutes Twenty-three Seconds East
with a distance of Forty-six and Sixty-two Hundredths Feet
(R=50.00', A=48.49', N 66 degrees 39' 23" E - 46.62') to a point
on the same.
THENCE along the same, with a curve to the right having a Radius
of Ten and Zero Hundredths Feet, an Arc length of Fifteen and
Five Hundredths Feet, a bearing of North Eighty-one Degrees
Fifty-eight Minutes Thirty-six Seconds East with a distance of
Thirteen and Sixty-seven Hundredths Feet (R=10.00', A=15.05', N
81 degrees 58' 36" E - 13.67') to a point on the same.
THENCE along the same, with a curve to the right having a Radius
of Three Hundred and Zero Hundredths Feet, an Arc length of
Fifty-nine and Forty-nine Hundredths Feet, a bearing of South
Forty-nine Degrees Fourteen Minutes Fifteen Seconds East with a
distance of fifty-nine and Thirty-nine Hundredths Feet
(R=300.00', A=59.49', S 49 degrees 14' 15" E - 59.39') to a point
on the same and the front property corner with lot #75.
THENCE along the property line with said lot, South Forty-seven
Degrees Thirty-nine Minutes Forty-two Seconds West a distance of
One Hundred Fifty-seven and Fifteen Hundredths Feet (S 47 degrees
39' 42" W - 157.15') to a point on the same and a rear property
corner with said lot and with lots# 10 and #11 of Phase 1.
THENCE along the rear property line with lot #10, North Fifty-six
Degrees Thirteen Minutes Fifty-five Seconds West a distance of
Forty-five and Sixty-nine Hundredths Feet (N 56 degrees 13' 55" W
- 45.69') to a point on the same and a rear property corner with
lot #77 and with lots #9 and #10 of Phase 1.
THENCE along the property line with lot #77, North Twenty-eight
Degrees Seven Minutes Twenty-six Seconds East a distance of One
Hundred Twelve and Seven Hundredths Feet (N 28 degrees 07' 26" E
112.07') to a point'on the same on the southern right-of-way
line of Vineyard Haven, the front property corner with said lot
and the Point of BEGINNING.
CONTAINING 10,515.38 Square Feet or 0.241 Acres.
BEING LOT NO. 76 on the Final Subdivision Plan of the Heights of
Beacon Hill, Phase 2, prepared by Melham Associates, P. C., dated
August 14, 1998, last revised May 15, 2000, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 82, Page 47.
BEING UNIT NO. 76 of the Heights of Beacon Hill Planned Community
which Declaration is Recorded in Cumberland County Misc. Book
675, Page 1092.
UNDER AND SUBJECT to a Declaration of Planned Community dated and
recorded May 24, 2001 in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania in Misc. Book 675, Page
1092.
ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements,
restrictions, and other matters of record or that which a
physical inspection or survey of the premises woul reveal.
BEING PART OF THE SAME PREMISES which BHH Partners, by their deed
to be recorded simultaneously herewith, in the office of the
Recorder of Deeds of Cumberland County, granted and conveyed unto
Thomas E. Whitman and Cathy L. Whitman.
SNELBAKER,
BRENNEMAN
& SPARE
RICHARD L. BARR EXCAVATING,
INC.,
Claimant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5294 MLD TERM
S. A. GANDY and MAYNARD W.
GANDY,
Owners
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
MECHANICS' LIEN
this / / ~ day of October, 2001.
Sworn to and subscribed before me
Edmund J. Gagli~c~li
Pennsylvania Statkt Constable
Date:
I, EDMUND J. GAGLIARDI, being duly sworn according to law depose and say: that I
am an adult individual and a constable; that on October 9, 2001 at 11:30 a.m. I posted a Notice
with an attached Mechanics' Lien Claim on improvements located at 1104 Kent Drive, Hampden
Township; that a true and correct copy of the Notice and Mechanics' Lien Claim so posted is
attached hereto and incorporated by reference herein as "Exhibit A"; that photographs taken by
me depicting the posting on improvements are attached hereto and incorporated by reference
herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of my
knowledge, information and belief.
NOTICE
OF FILING OF MECHANICS' LIEN
TO: S.A. GANDY AND MAYNARD W. GANDY
NOTICE IS hereby given that a Mechanics' Lien
Claim has been filed on September 10, 2001 in the
Court of Common Pleas of Cumberland County,
Pennsylvania docketed to No. 01-5294, a true and
correct copy of which Claim is attached hereto
and made a part hereof.
EXHIBIT A
RICHARD L. BARR EXCAVATiNG,
INC.,
Claimant
V.
S. A. GANDY and MAYNARD W.
GANDY,
Owners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: MECHANICS' LIEN 'zj~m:° -.'-~
MECHANICS' LIEN CLAIM
Claimant RIchard L. Barr Excavating, Inc., through its attorneys, Snel~43ker;,Bre~man
& Spare, P. C., files this Mechanics' Lien Claim against the improvements and property at 1104
Kent Drive, Hampden Township, Cumberland County, Pennsylvania for the payment of a debt
due to Claimant as a contractor for labor and materials fumished by Claimant in the erection and
construction of improvements. In support thereof, Claimant states as follows:
1. The Owners or reputed Owners of the property are S. A. Gandy and Maynard W.
Gandy with an address of 348 Newport Road, Duncannon, Pennsylvania 17020.
2. The improvements and property which are subject to this claim are a two-story
residential dwelling with appurtenant land at 1104 Kent Drive, Hampden Township, Cumberland
County, Pennsylvania, more fully described as follows:
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County,
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Kent Drive (60 feet
wide) at the dividing line of Lot #580 and Lot #581; thence by the eastern dedicated fight-of-way
line of Kent Drive North 14 degrees 00 minutes 00 seconds West 85.00 feet to a point; thence by
lands now or formerly of South Central Services Corporation, Hampden Square, and Chet Acker
North 76 degrees 00 minutes 00 seconds East 125.00 feet to a point; thence by same South 14
degrees 00 minutes 00 seconds East 85.00 feet to a point; thence by line of Lot #580 South 76
degrees 00 minutes 00 seconds West 125.00 feet to a point, the Place of BEGINNING.
BEING Lot No. 581 as shown on the Final Subdivision Plan of The Highlands of
Hampden Square, Phase II, and recorded by the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book 5.7, Page 144.
! C~TIFY THAT '*!.'!g ~S A 'r~! ~ ANn
C ~2.5CT COP'.' O~ THE ORIG"'"
ATTORNEY
3. The labor and materials for which the debt is due were furnished pursuant to an oral
agreement entered into on or about May 7, 2001 with Owner, and agent of Owner S. A. Gandy,
Maynard W. Gandy, under which the Claimant was to be paid the sum of $1,100.00. Due to
Owners' insistence that a portion of the services to be provided by Claimant be completed
contrary to the specification of the private water utility servicing the property only a portion of
the agreed upon labor and materials were provided, which labor and materials were provided at
Claimant's standard rates and charges.
4. The labor and material furnished by Claimant consisted of the following:
a. Labor: 8 hours of work for installation of a sanitary sewer lateral, including excavation,
connection of laterai, airtest, back filling and rough grading by Richard L. Bmr at his standard
hourly rate of $15.00; b. Materials supplied: (1) 60 feet of 4 inch PVC pipe; (2) 12.5 tons of lB
stone; (3) compressor and airtest equipment utilized; (4) backhoe utilized. See Invoice with
itemized items described above attached hereto and incorporated herein as "Exhibit A'.
5. The Claimant completed his work at the property on May 14, 2001, which is less than
4 months prior the filing of this claim.
6. Claimant has been paid nothing toward the debt due Claimant for the labor and
materials and there is due and owing the amount of $873.12, for which claim is made hereby.
SNELBAKER, BRENNEMAN & SPARE, P. C.
Philip~. S~are, E~"quire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Claimant
Date: September 10, 2001
-2-
RICHAPI7 L. BARR E)[CA VATING, INC.
WEH~.¢wTrrm' ROAD
(717) 691-5856
(717} 691-567~
Invoice
Invoice Number.
133
Invoioe Date:
Hay 15, 2001
Page:
1
Sold To:
Maynard Gandy
348 Newport Road
Duncarmon, PA
Customer ID Method of Payment Payment Terms
G~/~DY Cash~ Check, Visa or Mast~ard NET DUE UPON RECEIPT
Quantity Item Descfiotion Unit Price Extension
LATEPJ~L FOR
NEW HOUSE AT 1104 KENT DP/YE 800.00
'8~ck~ - ?krs ~ 50'2 ~oo. oo
Subtotal soo. oo
Sales Tax
Total Invoice Amount soo. oo
EXHIBIT A
VERIFICATION
I, Richard L. Bart, President of Richard L. Barr Excavating, Inc. hereby verify that the
statements made in the foregoing Mechanics' Lien Claim are tree and correct. I understand that
faise statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to
unsworn falsification to authorities.
· nard L. Bart, President -
EXHIBIT B