HomeMy WebLinkAbout95-06792
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
Hartzell Fence, Inc.
Plaintiff
Civil Action. Law
vs.
No. A. D. 1995.
If qj- - (p 79;;. /vi i.J)
David J. Fuchs and Chris S.
Goodenkauf, aJkJa Chris S. Fuchs,
Defendants
Mechanics Lien Ciaim
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court, If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance
personally or by an attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator's Office
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
697-0371
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Hartzell Fence, Inc..
Plaintiff
: Civil Action. Law
v.
No. A.D. 1995.
David J. Fuchs and Chris S.
Goodenkauf, a/kJa Chris S. Fuchs,
Defendants
Mechanics Lien Claim
MECHANICS LIEN CLAIM
Hartzell Fence Company, Inc., files this Mechanics Lien Claim against David J.
Fuchs, and Chris S. Goodenkauf, now by marriage believed to be Chris S. Fuchs,
owners, and against the buildings and real estate hereinafter described, for the payment
of a debt due to the said corporation as contractor for the construction of a fence around
the defendants' real estate, and makes this following statements of Its claim pursuant to
49 P,S. Section 1502 and 1503:
I. The name of the claimant Is Hartzell Fence Company, Inc., with offices located
at 1208 Trlndle Road, Carlisle, Cumberland County, Pennsylvania, and the claimant flies
this claim as a contractor and not as a subcontractor,
2, The name and address of the owner or reputed owners are the defendants,
David J. Fuchs and Chris S. Goodenkauf, who live and reside at 76 North Mountain
Road, Newville, Pennsylvania. It Is believed that the said Chris S. Goodenkauf now by
marriage is known as Chris S. Fuchs.
3. The real estate of the defendant, the buildings located thereon, and the
curtilage appurtenant thereto to which this lien applies Is located in Upper Frankford
Township, Cumberland County, Pennsylvania, and Is more fully described in a deed
dated April 6, 1990 from G. Lee Kelley and Sylvia Jean Kelley, his wife, as grantors to
David J. Fuchs and Chris S. Goodenkauf as grantees, which deed Is recorded in
Cumberland County Deed Book Volume M34, Page 712, which real estate is also known
and numbered as 76 North Mountain Road, Newville, Pennsylvania.
4. The plaintiff completed the work that is the subject of this claim on or about
September 16, 1995.
5. The plaintiff contracted directly with the above. named defendants for the work
that Is the subject of this claim. The agreement between the defendant and the plaintiff
Is a written contract for $11,200.00 for furnishing all materials and labor to Install
approximately 3.458 feet of 3.rall pressure treated post and fall fence around the
perimeter of the above described real estate of the defendant with at least three gates In
the fence. The aforesaid contract was accepted by defendant David J. Fuchs on April
13, 1995, and the plaintiff has furnished the labor and materials provided for In the
contract and has Installed approximately 3.458.00 feet of 3.rall pressure treated post
and rail fence around the perimeter of the defendant's real estate located at 76 North
Mountain Road, Newville, Cumberland County, Pennsylvania. A copy of said contract Is
attached hereto, incorporated by reference herein, made a part hereof, and morked
Exhibit A.
6. The contract calls for a fixed sum of $11,200.00 to be paid by the defendants to
the plaintiff. The amount or sum claimed to be due Is $8,200.00, being the amount due
on the contract for work performed by the plaintiff and not paid for by the defendant, the
defendant having paid to the plaintiff the sum of $3,000,00, but having failed to pay the
balance due of $8,200.00 on the $11,200.00 contract, and there Is due and owing a
balonce of $8,200.00.
''/
avid C, C eaver
Attorney for Plaintiff
1035 Wayne Avenue
Chambersburg, PA 17201
717.264.11I0
I, George T. Hartzell, as President of Hartzell Fence Company, Inc., verify
that the statements made In the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of perjury
contained In 18 Pa, C.S, Section 4904, relating to unswom falsification to authorities.
Date: ) /-,It. C;s
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Hartzell Fence, Inc.,
Plaintiff
: Civil Action. Law
v.
.
: No. A.D. 1995- U F"Jq ~
.
David J. Fuchs and Chris S.
Goodenkauf, aJkJa Chris S. Fuchs,
Defendants
Mechanics Lien Claim
AFFIDAVIT
I, David C. Cleaver. Attorney at Law. being duly sworn according to law deposes
and says that on December ....J..QL. 1995. the attached Notice of Filing of Mechanic's Lien
Claim was served upon the defendants, David J. Fuchs and Chris S. Goodenkauf, aJkJa
Chris S. Fuchs, the owners of the property against which the claim was filed, by
personal service upon the defendants by Paul D. Wea~hter.
CJlc. /{)~.<e"'(
avid C. Cleaver "'-
Attorney for Plaintiffs
I. Paul D. Weachter. do hereby swear I served the Notice of Filing of Mechanics
Lien upon the Defendants on December I,~, 1995.
~Q.~
Paul D, Weachter
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Hartzell Fence, Inc.,
Plaintiff
: Civil Action. Law
v.
.
.
: No. A.D. 1995. u-1Q d.
.
David J. Fuchs and Chris S.
Goodenkauf, aIkIa Chris S, Fuchs.
Defendants
Mechanics Lien Claim
TO: David J. Fuchs and Chris S. Goodenkauf, aIkIa Chris S. Fuchs
76 North Mountain Road, Newville. PA
NOTICE OF FILING OF MECHANICS UEN CLAIM
"
You are notified that a Mechanic's Lien Claim In the amount of $8,200.00 has :
been flied on behalf of Hartzell Fence Company, Inc. against your property located at 76
North Mountain Road, Newville, Pennsylvonla. and more fully described In Cumberland :
County Deed Book. Vol. M34, Page 712. of which you are the owner or reputed owner. I
The claim was filed on November lQ.... 1995 In Court of Common Pleas of Cumberland I
County, Pennsylvania as of:a' 'is lerMt-1995 to No. 6792 . A copy of the claim Is I
attached, '
David . Cleaver
Attorney for Claimant
1035 Wayne Avenue
Chambersburg, PA 17201
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WAYNl! F. SHADE
AIIomc)'Il La.,
53 Welt Pomtrd Slmt
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HARTZELL FENCE COMPANY, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
v.
DAVID J. FUCHS and
CHRIS S. GOODENKAUF, a/k/a
CHRIS S. FUCHS,
Defendants
NO. 95-6792 M.L.D.
MECHANICS LIEN CLAIM
NOTICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after the pleadings and Notice are
served, filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the pleadings or for any other
claim of relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
a/dtlL>U /:~
wayneh. Shade
Supreme Court No. 15712
53 West Pomfret Street
CarliSle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
HARTZELL FENCE COMPANY, INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DAVID J. FUCHS and
CHRIS S. GOODENKAUF, a/k/a
CHRIS S. FUCHS,
Defendants
NO. 95-6792 M.L.D.
MECHANICS LIEN CLAIM
COMPLAINT
NOW COMES Plaintiff, HARTZELL FENCE COMPANY, INC., and for
cause of action against Defendants DAVID J. FUCHS and CHRIS S.
GOODENKAUF, a/k/a CHRIS S. FUCHS, files this Complaint and says:
1.
Plaintiff HARTZELL FENCE COMPANY, INC. is a Pennsylvania
corporation and existing to do business under the laws of the
Commonwealth of Pennsylvania, with corporate offices located at
1208 Trindle Road, Carlisle, Cumberland county, Pennsylvania
17013.
2.
Defendants are DAVID J. FUCHS and CHRIS S. GOODENKAUF, a/k/a
CHRIS S. FUCHS, both of whom are sui juris adults, and both of
whom live and reside at 76 North Mountain Road, Newville,
Cumberland County, Pennsylvania 17241.
3.
This Complaint is filed pursuant to Pennsylvania Rules of
Civil Procedure 1651-1661, particularly Rule 1656.
4.
The court, term, number and date of the filing of the
WAYNB F. SHADB
AknqdUw mechanics lien by Plaintiff against Defendants is, as follows:
51W........,..._
c.rtIoIc.r-q"....
17011
WAYNB F. SHADB
Aknq d Uw
5lW........,..._
CarIioIe. r-q"....
17011
The Court of Common Pleas of Cumberland county, Pennsylvania.
The term and number is, as follows: No. 95-6792. The date of
the filing of the claim is, as follows: November 30, 1995. A
true and correct copy of the claim is attached hereto and
incorporated herein by reference as though fully set forth.
WHEREFORE, Plaintiff demands judgment against Defendants in
the amount of $8,200 together with interest and costs of suit.
&~F~
waynelF. Shade, Esquire
supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
I, George T. Hartzell , verify that I am the
President of Hartzell Fence company, Inc., that I make
this verification on its behalf being authorized to do so and
that the statements made in the foregoing Complaint are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. c.s. 54904 relating to unsworn
falsification to authorities.
Date: October 1]1, 1996
HARTZELL/rNCE
By:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
Hartzell Fence, Inc.
Plaintiff
Civil Action - Law
vs.
No. A. D. 1995.
~ .JlCj.:F- 1171J.
j.A l- lJ
David J. Fuchs and Chris S.
Goodenkauf, aIkIa Chris S. Fuchs,
Defendants
Mechanics Lien Claim
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance
personally or by an attomey and filing In writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed In the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator's Office
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013 I. )C.A
697-0371 K, It'~v
TRUE COPY FROM RECORD .
In Testimony whereof, r here unto set my haBd
and th sea~ of sail! . u at Carlisle Pa.
Thl )1t~ Y. t ll~ Cfj-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Hartzell Fence, Inc.,
Plaintiff
: Civil Action - Law
v.
No. A.D. 1995-
David J. Fuchs and Chris S.
Goodenkauf, aIkIa Chris S. Fuchs,
Defendants
Mechanics Lien Claim
MECHANICS LIEN CLAIM
Hartzell Fence Company, Inc., files this Mechanics Lien Claim against David J.
Fuchs, and Chris S. Goodenkauf, now by marriage believed to be Chris S. Fuchs,
owners, and against the buildings and real estate hereinafter described, for the payment
of a debt due to the said corporation as contractor for the construction of a fence around
the defendants' real estate, and makes this following statements of Its claim pursuant to
49 P.S. Section 1502 and 1503:
I. The name of the claimant is Hartzell Fence Company, Inc., with offices located
atl20B Trlndle Road, Carlisle, Cumberland County, Pennsylvania, and the claimant files
this claim as a contractor and not as a subcontractor.
2. The name and address of the owner or reputed owners are the defendants,
David J. Fuchs and Chris S. Goodenkauf, who live and reside at 76 North Mountain
Road, Newville, Pennsylvania. It is believed that the said Chris S. Goodenkauf now by
marriage Is known as Chris S. Fuchs.
3. The real estate of the defendant, the buildings located thereon, and the
curtilage appurtenant thereto to which this lien applies is located in Upper Frankford
Township, Cumberland County, Pennsylvania, and is more fully described in a deed
dated April 6, 1990 from G. Lee Kelley and Sylvia Jean Kelley, his wife, as grantors to
David J. Fuchs and Chris S. Goodenkauf as grantees, which deed is recorded In
Cumberland County Deed Book Volume M34, Page 712, which real estate is also known
and numbered as 76 North Mountain Road, Newville, Pennsylvania.
4. The plaintiff completed the work that is the subject of this claim on or about
September 16, 1995.
5. The plaintiff contracted directly with the above-named defendants for the work
that is the subject of this claim. The agreement between the defendant and the plaintiff
is a written contract for $11,200.00 for furnishing all materials and labor to Install
approximately 3,458 feet of 3-rail pressure treated post and fall fence around the
perimeter of the above described real estate of the defendant with at least three gates in
the fence. The aforesaid contract was accepted by defendant David J. Fuchs on April
13, 1995, and the plaintiff has furnished the labor and materials provided for In the
contract and has Installed approximately 3,458.00 feet of 3-rail pressure treated post
and rail fence around the perimeter of the defendant's real estate located at 76 North
Mountain Road, Newville, Cumberland County, Pennsylvania. A copy of said contract is
attached hereto, incorporated by reference herein, made a part hereof, and marked
Exhibit A.
6. The contract calls for a fixed sum of $11,200.00 to be paid by the defendants to
the plaintiff. The amount or sum claimed to be due Is $8,200.00, being the amount due
on the contract for work performed by the plaintiff and not paid for by the defendant, the
defendant having paid to the plaintiff the sum of $3,000.00, but having failed to pay the
balance due of $8,200.00 on the $11,200.00 contract, and there is due and owing a
balance of $8,200.00.
avid C. C eaver
Attorney for Plaintiff
1035 Wayne Avenue
Chambersburg, PA 17201
717-264-11I0
Date: / /- It. tis
./ I ,
.
I, George T. Hartzell, as President of Hartzell Fence Company, Inc., verify
that the statements made In the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of perjury
contained In 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
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C.Tr..'Al'l....ZIICODI
"Newville, PA 17241
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HARTZELL FENCE CO., INC.
1208 rrlndlo Rd.
CARLISLE, PENNSYLVANIA 17013
(717) 249-2994 0' (800) 804.5396
4562
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II.. Tho H~rtzell. F~lnce co.# proposes to f~~.~:.S~_~l:_~~.:~~.~~.l~..~.~:~~.~
,I -t'~; '1nstali . app~~~i;~t~iy "3; 458 " :~f '''J'::;~i.i''~~essure troated post and rail fenc
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HARTZELL FENCE, INC.,
plaintiff
v.
DAVID J. FUCHS and
CHRIS S. GOODENKAUF, a/k/a
CHRIS S. FUCHS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-6792 M.L.D.
MECHANICS LIEN CLAIM
PRAECIPE
TO: Lawrence E. Welker, Prothonotary
Please accept for docketing this withdrawal of appearance of
David C. Cleaver, Esquire, and the entry of appearance of Wayne
F. Shade, Esquire, as counsel for Plaintiff in the above-
captioned matter.
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~ .. October I (
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, 1996
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WAYNB F. SHADB
Aknq d Uw
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17013
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Wayn~Shade, Esquire
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HARTZELL FENCE COMPANY, INC., I IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
v.
DAVID J. FUCHS and
CHRIS S. GOODENKAUF, a/k/a
CHRIS S. FUCHS,
Defendants
NO. 95-6792 M.L.D.
MECHANICS LIEN CLAIM
PRAECIPE
TO: Lawrence E. Welker, Prothonotary
Please enter our appearance on behalf of Defendants in the
above-captioned matter and our acknowledgment of acceptance of
service of Plaintiff's Praecipe of October 11, 1996, and a
certified copy of the Complaint.
Date:
lOl~\ \94>>
GRIFFIE & ASSOCIATES
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Michelle R. Calvert, Esquire
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HARTZELL FENCE COMPANY, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DAVID J. FUCHS and
CHRIS S. GOODENKAUF, alkla
CHRIS S. FUCHS,
Defendants
NO. 95-6792 M.L.D.
MECHANICS LIEN CLAIM
PRAECIPE
TO: Lawrence E. Welker, Prothonotary
Please mark the docket in the above matter "Settled and
Discontinued" with prejudice.
Date: December 12, 1996
Z/." hr (~~
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Wayne~hade, Esqu re
Attorney for Plaintiff
WAYNB F. SHADB
Aknq IlInI
53 Well PomIrd SCrcd
c.rtIoIc.r-q"1IIia
17011
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