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HomeMy WebLinkAbout01-5294LAW OFFICES SNELBAKEr BrENNEMaN & SPARE RICHARD L. BARR EXCAVATING, Claimant S. A. GANDY and MAYNARD W. GANDY, Owners 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN MECHANICS' LIEN CLAIM Claimant Richard L. Barr Excavating, Inc., through its attorneys, Snelbaker, Brenneman & 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 furnished 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 right-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 57, Page 144. SNELBAKEr. BRENNEMAN & SPARE 3. The labor and materials for which the debt is due were fumished 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 lateral, airtest, back filling and rough grading by Richard L. Bart 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"ssquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Date: September 10, 2001 -2- .RicH/~rffD L. BA,fR EXCAVATING, INC. 6996 I~ERI'ZI~I. Lff ROAD Voice' (717) 691-5856 FaXi (717} 691-5672 Invoice Invoice Number. 173 Invoice Dale: May 15, 2001 Page: Sold To: Maynard Candy 348 Newport Road D~ncar~on, PA Customer ID Method of Payment Payment Terms GAl/DY Cash, Check, Visa or MasterCard I~IiT DUE U~ON R~.CEIPT Quanl/N item Descrk)tion Unit Price Extension INSTALLATION OF SANITARY $~WER LATERAL FOR NEW HOUSE AT 1104 I~NT DRIV~ 800.00 g~cP.~,~¢ '- ? krs @ 6'0 ~ L~O0. O0 Subtotal soo. co Sales Tax Total Invoice Amount eom co EXHIBIT A LAW OFfiCES SNELBaKEr. BRENNEMAN & SPaRe VERIFICATION I, Richard L. Barr, 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 false statements herein are made subject to the penalties of 1 $ Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ~ic~ard L'. B~rr, President LAW OFFICES 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 ~FF/r~v FC ~ ..~_~¥ //¢ COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) MECHANICS' LIEN Sworn to and subscribed before me this / ! ~ day of October, 2001. l,]0tarYi Public - Date: Edmund J. Gaglia/r~i - Pennsylvania Stat~t Constable 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 No. fl?z4. o ='w MECHANICS' LIEN MECHANICS' LIEN CLAIM .... ' ..... Claimant Richard L. Bmr Excavating, Inc., through its attorneys, Snell:~ker,-,Brer~_'~eman & 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 furnished 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 right-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 Cumberiand County, Pennsylvania, in Plan Book 57, Page 144. ~ ~E~TII=Y THAT .r!,,!g ~$ p., 'r,~! ~ .aN~ C ~2rcCT COPY ~:F T}-IE 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 ora sanitary sewer lateral, including excavation, connection of lateral, 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 $873.12, for which claim is made hereby. SNELBAKER, BRENNEMAN & SPARE, P. C. Philip~H. S~are, E~'~uire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Date: September 10, 2001 -2- RICHARD L. BARR EXCA VATIN@, INC. 6~96 WF_~'zZVTLLE ROAD h'IECHANlCSBUR$, PA I7055 Voice: {717) 691-5856 Faxl (717) 691-5672 Invoice Invoice Number. 1'/3 Invoice Date: ~4ay 15, 2001 Page: 1 Sold To: Maynard Gandy 348 New, or= P~ad Duncarmon, PA Customer ID Method of Payment Payment Ten'ns G[~]DY Cash~ Check. Visa or Masten?,ard t,~T DUE UL:)ON R~..CEIPT Quanllty item Description Unit Price Extension LATERAL FOE NEW HOU~E AT 1104 KENT DP/VE 800.00 Subtotal soo. oo &ties Tax Total Invoice Amount soo. oo EXHIBIT A VERIFICATION I, Richard L. Bart, President of Richard L. Bart Excavating, Inc. hereby verify that the statements made in the foregoing Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unswom falsification to authorities. Richard L. Ban', President EXHIBIT B LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RICHARD L. BARR EXCAVATING, INC., Claimant S. A. GANDY and MAYNARD W. GANDY, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5294 MLD TERM MECHANICS' LIEN PRAECIPE TO THE PROTHONOTARY: Please mark the Mechanics' Lien Claim entered in the above-captioned matter satisfied upon your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: October 30, 2001 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Richard L. Barr Excavating, Inc. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARR RICHARD L EXCAVATING INC VS GAN]DY S A ET AL EXCAVATING R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER , to wit: GANDY S A but was unable to locate Him in his bailiwick. deputized the sheriff of PERRY County, serve the within MECHANICS LIEN CLAIM He therefore Pennsylvania, to On October 15th , 2001 , this office was in receipt of the attached return Sheriff's Costs: Docketing Out of County Surcharge Dep Perry Co from PERRY 18.00 9.00 10.00 42.70 .00 79.70 10/15/2001 P~ TlYomas Kline Sheriff of Cumberland County SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this /~ ~ day of ~ ~-~'~ / A . D . ! t Prothonot~r~ ' SHERIFF'S RETURN CASE NO: 2001-05294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARR RICHARD L EXCAVATING INC VS GANDY S A ET AL EXCAVATING - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER , to wit: GANDY MAYNARD W but was unable to locate Him in his bailiwick. deputized the sheriff of PERRY County, serve the within MECHANICS LIEN CLAIM He therefore Pennsylvania, to On October 15th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 I0/lS/2001 · Thomas Kl~e Sheriff of Cumberland County SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me /~ ~ day of this / Prothonotary' In The Court of Common Pleas of Cumberland County, Pen~asylvania Richard L. Barr Excavating,Inc. VS. S.A. Gondy et al SERVE: Maynard W. Gandy No. 01 5294 MLD }NOW, Septa,~ber 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA /~OW, Oc t. 9 t within Mechanics Lien Affidavit of Service ,20 Ol ,at ~:o0 o'clock P M. served the upon Maynard W. Gandy at by handing to 348 Newport Rd. Duncannon, Pa. 17020 Maynard Gandy a True & Attested and made known to Him copy of the ori~nal Mechanics Lien the contents thereof. So answers,  . Wilson D e PU/t,~heriff °f Perry COSTS SERVICE $ MILEAGE AFFIDAVIT Sworn and subscribed before me this /~ day of..0~{O&C , 20.0/ ! MARGARErF..FLIC81NGER, NOTARYPUBUO I BLOOMFELD BORO. PERRYCOUN1Y I MYCOMP, IBSION EXPIRES [EB. 1% 2004 ,I County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Richard L. Bart Excavating, Inc. VS. $.A. Gandy et al SERVE: S.A. Gandy No. 01 5294 MID Now, September 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, October 9, ,20 01 , at 1:00 o'clock P M. served the within Mechanics Lien upon s.A. Gandy 348 Newport Rd. Duncannon, Pa. 17020 by handing to Maynard W. Gandy a True & Attested and made known to Him copy of the originalMechanics Lien the contents thereof. Sworn and subscribed before me this /~4j day of t)c/~F , 20 o [ NOTAR'i~$EAL I ~ E FL~GER, NOTARY ~BUC I 8L~MFIEED ~RO., PERRY COU~ ~ ~CO~ISSION EXPIRES FEB 16, 2004 SO answers, Ja~ Wilson , Deputy ~iff ~-f Perry County, PA COSTS SERVICE MILEAGE AFFIDAVIT