HomeMy WebLinkAbout97-00142
1. Claimant performed labor and provided materials with
the knowledge, consent, and at the request of the aforementioned
Owner of the hereinafter described real property ("the Property")
under and pursuant to an oral contract between Claimant and
Carlisle Sports Emporium, Inc,
2, The Claimant files this Mechanic's Lien Claim as a
g~neral contractor based upon a direct oral contract with the
Owner of the Carlisle Sports Emporium, Inc.
3, The name and address of the Owner of the Property, as
identified to the Claimant, are as follows: Carlisle Sports
Emporium, Inc., 29 South Middlesex Road, Carlisle, Pennsylvania
17013.
4, Pursuant to its agreement with the Owner, the Claimant
agreed to provide and did in fact provide labor and materials for
new construction at the Property.
5. The general nature and character of the labor and
materials furnished by the Claimant was vinyl composition tile,
ceramic tile and related elements installed in connection with
the construction of a new improvement to the Property.
6, The Claimant fully and completely performed all work
required by the agreement and change orders to the agreement in a
good and workmanlike and timely manner.
7. The Claimant last provided labor and materials to the
Property on September 11, 1996.
8. The value of the labor and materials provided by
Claimant totals Fifty One Thousand Three Hundred Seventy Eight
Dollars ($51,378,00), exclusive of accrued interest on unpaid
balances, costs and attorneys' fees.
9. To date, the Owner has paid Claimant only sixteen
Thousand Dollars ($16,000,00) for labor performed and materials
supplied to the property.
10, The amount unpaid and owing to Claimant under the
contract is Thirty Five Thousand Three Hundred and Seventy Eight
Dollars ($35,378.00), exclusive of accrued interest on unpaid
balances, costs and attorneys' fees.
11. This Mechanic's Lien Claim is filed to ensure payment
of sums due and owing to the Claimant for labor performed and
materials provided under the agreement with the Owner of the
Property.
12, The filing of this Mechanic's Lien Claim should not be
construed as an election between or among the remedies available
to the Claimant to obtain payment and shall not affect the
Claimant's rights to pursue any other legal or equitable remedy
otherwise available.
13. The real property subject to this lien and for the
improvement of which the Claimant performed labor and provided
materials is briefly described as follows: Carlisle Sports
Emporium, 29 South Middlesex Road, Carlisle, Pennsylvania 17013,
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KORN & COHN, PROFESSIONAL CORPORATION
BY: KYLE L, CARNEY, ESQUIRE
RAYMOND L. DeLUCA, ESQUIRE
ATTORNEY 1.0, NOS. 67046 & 81289
620 WEST GERMANTOWN PIKE
SUITE 450
PLYMOUTH MEETING, PA 19462 ATTORNEYS FOR CLAIMANT,
(610) 825-7070 MID-ATLANTIC FLOORING COMPANY
MID-ATLANTIC FLOORING COMPANY
COURT OF COMMON PLEAS
CUMBERl~D COUNTY, PA
plaintiff,
v.
CARLISLE SPORTS EMPORIUM, INC,
CIVIL ACTION
NO. 97-142 MLD
Defendant,
PRAECIPE TO DISMISS MECHANICS' LIEN CLAIM
TO THE PROTHONOTARY:
Kindly dismiss the above-captioned Mechanics' Lien Claim,
upon payment of your costs only.
KORN & COHN,
PROFESSIONAL CORPORATION
CARNEY, ESQUIR
L. DeLUCA, ESQ
E
DATED:
I . IT' '11-
Attorneys for Claimant,
Mid-Atlantic Flooring Company
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