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HomeMy WebLinkAbout01-5412THE BOROUGH OF SHIREMANSTOWN, Plaintiff THOMAS R. YOHE, JR., Owner : IN THE COLTRT OF COMMON PLEAS : CUMBERLAND COUNTY, ENNSYLVANIA : NO: &il : M.L.D. The Borough of Shiremanstown, Plaintiff hereby files this claim against Thomas R. Yohe, Jr., Owner, and all that certain lot or piece of ground and improvements erected thereon known and numbered as 117 South Locust Street, Shimmanstown, Pennsylvania 17011 for work and labor done and materials furnished in removing and relaying concrete footway paving and removing and rebuilding concrete curbing in front of said lot of ground; said work having been done under the authority of an Ordinance passed by Council of the Borough of Shiremanstown being Part Twelve, Chapter 2, Article A, Section 12-2009 and in pursuance of which Ordinance, and in accordance with the Acts of Assembly, a contract dated May 20, 1998 was duly made and executed between the Borough of Shiremanstown and the Pennsylvania Department of Transportation for doing said work, which improvement was completed on December 7, 1999 and a certificate thereof duly filed by the surveyor supervising said improvement in the Pennsylvania Department of Transportation, that being the proper office in which to file the same and the Borough of Shiremanstown having been provided with the actual cost of said improvement under the Contract by the Pennsylvania Department of Transportation for the first time on or about April 24, 2001. The following is a statement of the kind and character of the work so done and the price charged for the same namely: Deed Property Frontage: 10.20 L.F. Installed Curbing Length: 10.20 L.F. Curbing cost (14.35/L.F.): $146.37 Installed Sidewalk Width: 5.00 L.F. Installed Sidewalk Area: 5.67 S.Y. Sidewalk cost ($40.50x50%=$20.25/S.Y.): $114.82 Total Cost $261.19 Which said sum of Two Hundred Sixty One and 19/100 Dollars ($261.19) was duly assessed against said above described premises on the 25th day of April 2001 and for which sum together with interest at a rate of 10% per annum, penalties, reasonable legal fees and costs, a lien is claimed against the above described premises agreeably to the provisions of the Acts of Assembly in such case made and provided. The said Owner was notified by the Council for the Borough of Shiremanstown to construct the work in front of said property on February 10, 1997 by written notice to that effect served on said owner and said Owner neglected to do for more than thirty (30) days after the service of said notice. The Borough of Shiremanstown caused written notice to be served on the said registered Owner, of the intention to file this claim unless the amount due the claimant for said work was paid within one month from said notice by mailing via certified Unites States Mail, postage prepaid, return receipt requested addressed to Thomas R. Yohe, Jr., at 117 South Locust Street, Shiremanstown, Pennsylvania 17011 on June 20, 2001 prior to the filing of this claim. Respectfully submitted, THE BOROUt ~:I OF SHIREMANST~ BY:K L~ e~b~0hm.~E~ ~~ -7- ' 'r- , q ' , oroughSolicitor Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA CITY OF SHIREMANSTOWN : SS: Karl M. Ledebohm solicitor for the Borough of Shiremanstown, Plaintiff being duly sworn, deposes and says that he is the Solicitor of the Borough of Shiremanstown, the above-named Claimant, and that the facts set forth in the foregoing claim are tree to the best of his knowledge, information and belief. Sworn to and described before me this I'~)~')day o~fl[~22001. C.P. No. I11 ' ' Notarial Seal Stacy L. Fdck, Notary Public st Pennsboro Twp., Cumberland County Y Commission Expires Jan. 12, 2004 Term, 2001 M.L.D The City of Shiremanstown to the use of VS Thomas R. Yohe, Jr., Owner Premises: 117 South Locust Street, Shiremanstown, Pennsylvania 17055 Claim for $261.19 together with interest at the rate of 10% per annum, penalties, reasonable legal fees and costs. Karl M. Ledebohm, Esquire, Borough Solicitor Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Attorney for Claimant THE BOROUGH OF SHIREMANSTOWN, Plaintiff THOMAS R. YOHE, JR., A/K/A THOMAS K. YOHE, JR., Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA NO: 01-5412 MLD M.L.D. PETITION TO AMEND LIEN AND ORDER OF COURT TO THE HONORABLE, THE JUDGES OF COURT: The Petition of Karl M. Ledebohm, Solicitor for the Borough of Shiremanstown, respectfully represents that in the municipal lien filed at the above number and term, the caption and averment set forth in the first sentence of the first paragraph erroneously set forth the name of the owner of the property as Thomas R. Yohe, Jr. by mistake, the correct name of the owner of record being Thomas K. Yohe, Jr. and, therefore, prays that the said lien may be amended by adding the following to the caption to correctly reflect the name of the owner of the property set forth in the said lien as follows: Thomas K. Yohe, Jr., Owner and amending the name of the owner of the property set forth in the first sentence of the first paragraph to correctly read Thomas K. Yohe, Jr. The name of the owner as set forth above being Thomas K. Yohe, Jr., is the correct name under which title to the property set forth in the said lien is held. Respectfully submitted, THE BORO~ SHIREMANSTOWN Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CUMBERLAND COUNTY, ss: Before me, the undersigned authority, personally appeared Karl M. Ledebohm, Solicitor for the Borough of Shiremanstown, who, being duly sworn, says that the facts set forth in the foregoing Petition are true and correct and that by mistake they were omitted from the lien as filed. ~uMg¢oefd~t~'; el~m ~sStqoUx~e S o li c it o r Sw°rn t° and subscribed bef°re me this a~0~day of ~ 9Z~m b~, ~001.  Not~J $NII ~ ~tYl Stacy L. F~ok, RI)ER O .... AND NOW, this _~_~ay of~~l~_, 2001, upon consideration of the Petition to Amend Lien and Order of Court it is hereby ordered and decreed that the lien filed in the above-captioned matter be and is hereby amended to correctly reflect the name of the owner of the property in the caption and the first sentence of the first paragraph as Thomas K. Yohe, Jr., pursuant to 53 P.S. §7188 and the owner as set forth in the lien filed to the above-captioned matter is hereby corrected to read Thomas K. Yohe, Jr. © V~NYA~IASNN_qa i 8, :6 l,'-J~' 1 - 138 10 THE BOROUGH OF SHIREMANSTOWN, Plaintiff THOMAS R. YOHE, JR., A/K/A THOMAS K. YOHE, JR., Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-5412 MLD : M.L.D. PRAECIPE TO THE PROTHONOTARY: Please mark satisfied the lien filed in the above-captioned matter on September 17, 2001. Date: Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY Shiremanstown Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff