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Home My WebLink About97-03884 . ~ ~\ ~ ~. Ill. ~ 0 -.., ("') f; Q,) -, ... ..... :." . .! (''4; ~". .~ - ~~'!~. --:) ,., r "" ..:..; .:~.., -..J jy .. . , ;-:-.\- ,~ -., ,..'1 , ~..- 'M ~-,- C'" ,J. . : . .. "f "'~ --: IN ~ . NOTICE TO DEFEND AND PLEAD !JJ. q}- ,36is''1 pW KI'M NOTICE YOU HAVE BEEN SUED IN THE COURT OF COMMONS PLEAS. If you wish to defend against the claims set forth in the following pages, you must take action within thirty (30) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Board 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 any other claim or relief requested by the Claimants. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (Area Code 717) 240-6200 AVI~Q USTED HA SIDO DEMANDADO/A EN "COURT OF COMMON PLEAS." Si usted desea defenderse de las demandas que se present an mas adetante en las siguientes paginas, debe tomar accion denlro de los proxlfnos treinta (30) dias despues de la notificacion de esta Demanda y AVlso radlcando personalmente 0 per medio de un abogado una comparecencia escrita y radlcando en la "Board of Claims" por escrlto sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advlerte de que si usted falla de tomar aeelon como se describe antenormente. el caso puede proceder sin usted y un fallo per cualquler suma de dinero reclamada en la demanda 0 cualquler otra reclamacion 0 remedio sohcitado por el demandante puede ser dlctado en contra suya por la "Board of Claims" sin mas aviso adiClonat Usted puede perder dinero 0 propiedad u otros derechos Importantes para usted USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGU1ENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL CUMBERLAND COUNTY LAWYER REFERRAl SERVICE Court Adrrllnistrator 4th Floor Cumberland County CourthOuse Carhsle. Pennsylvarua 17013 Telephone Number (Area Code 717) 2~200 EXHIBIT 'A JOHN WALKER, Ud/b/a WALLCOVERINGS BY WALKER CLAIMANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO 97-3884 MLD KAZI FOODS, INC., OWNER MECHANIC'S LIEN AFFIDAVIT 01: SERVICE SUSAN L. JACOB. being duly sworn according to law, deposes and says Ihat on July 28, 1997, she served the attached Nollce of Filing of MechaniC'S Lien Claim upon KAZI FOODS, INC.. the owner of the property against which Ihe claim IS filed, by handing a copy of the Notice to Lee M Dlcely, Director of Restaurant Services, who was on the premises of the corporate office at 134 WEST CHOCOLATE AVENUE. HERSHEY. PENNSYLVANIA 17033, at the tame of service ~...... , 'A \ ~. SUSAN L. JACOB J "\ , t\ , . Sworn to and subscnbed before me thiS II'" day of "'i"~( , 1997. J '. t' \ ,/ ,.........,-"""''"'..., )If' Notary P:.lbllc '.,'J!~.. 11...... ~~ ..0 Q -.4 - ~J -. 0:;,' ;n . ;.;;1 6&. : r-;~ - ~~ &" ~. ,. , ...., ..... .~ ,. . , :1: . ~... '1 <t,,-- .~ ~. ~.;; :..J ""., '"' .. \oj - 'oJ ~ -I ?l "'" -.4 I<<)TAIItAl. stAt. SHEU ~ ..~: ,~. 'taIa!Y PIIlllic 1Wm....r;. ~ CiNmV. PA .., ~ bllm Fea. S, *'001 JOHN WALKER, TIDIBIA WALLCOVERINGS BY WALKER, CLAIMANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 97-3884 MLD MECHANIC'S LIEN KAZI FOODS, INC., OWNER NOTICE OF FILING OF MECHANIC'S LIEN CLAIM TO: Zubair Kazi President Kazi Foods, Inc. 134 West Chocolate Avenue Hershey, PA 17033 You are notified that a mechanic's lien claim in the amount of $1,800.00 has been filed on behalf of John R Walker, tJdlb/a Wallcoverings by Walker, against the Kentucky Fried Chicken restaurant at Lowther and Third Streets, Lemoyne, Pennsylvania, of whIch Kazi Foods, Inc. is the owner or reputed owner. The claim was filed on July 17,1997 tn the Court of Common Pleas of Cumberland County, No. 97- 3884 MLD A copy of the claim is attached Respectfully, CHARLES O. BARTO, JR AND ASSOCIATES t2'f7":IJf.... P. 40 I CJbnathan P. Nase, Esquire Attorneys for Clatmant Attorneys at Law 608 North ThIrd Street Hamsburg, PA 17101 (717) 236-6257 JOHN WALKER, T/D/B/A WALLCOVERINGS BY WALKER, CLAIMANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 7'7- 3o?4- flvU-:D (") .0 n c ~ ..." MECHANIC'S L1Ef'.l.,~ 2: :;~<l CU t:.l r- lT1 r" It; i::< :'18 ~ ,.: ~ ..:J., !C~ ." ==~ ~n = ,~!t) 3;(~ w om s;: -. ~ ~ f; ~ KAZI FOODS, INC" OWNER MECHANICS LI~N CLAIM 1. The name of the claimant is John Walker, Vd/b/a Wallcoverings by Walker. 2. The name of the reputed owner is Kazi Foods, Inc. and its address is 134 West Chocolate Avenue, Hershey, Pennsylvania 17033. 3. The claimant contracted with Durability, Inc. ("contractor") of St Petersburg, Florida. This company, which has not filed a Certificate of AuthOrity to do Business with the Pennsylvania Department of State, contracted directly with owner. 4, The materials and labor hereinafter referred to were furnished pursuant to an oral contract entered into with contractor in August, 1996, wheretn the claimant agreed to strip existing wallpaper, prep, prime, paint and install new wallpaper at the Kentucky Fried Chicken restaurant located at Lowther and third Streets. Lemoyne, Pennsylvania. 5. The materials and labor were furnIshed in the alterabon and repair of the dining and counter areas, entrances, and hallways of the premises Specified above. 6. The nature and kind of materials furnished were paint, prime, paste and painting supplies. The patnt and wallpaper were selected by contractor and approved by owner poor to being applied by claimant Claimant personally performed the labor under the contract. 7. The amount claimed to be shll due and chargeable agaInst the property is $1,800.00, beIng the value of the matenals and labOI' supplied before Ctatmant was told to cease work on the project unlll tunher' notiCe ClaImant has no note or other collateral secunty for ht$ clam 1 EXHIBIT .c, I JOHN WALKER, Udlb/a WALLCOVERINGS BY WALKER CLAIMANT COURT OF COMMON PLEAS OF BERKS COUNTY v, NO 97-6448 KAZI FOODS, INC., OWNER MECHANIC'S LIEN AFFIDAVIT OF SERVICE SUSAN L. JACOB, being duly sworn according to law, deposes and says that on July 28,1997. she served the attached Notice of Filing of Mechanic's Lien Claim upon KAZI FOODS, INC., the owner of the property against which the claim is filed, by handing a copy of the Notice to Lee M Dlcely. Director of Restaurant Services, who was on the premises of the corporate office at 134 WEST CHOCOLATE AVENUE, HERSHEY, PENNSYLVANIA 17033, at the time of service. .~'. r \ '\ I , , , .~ ... ~ I" ! " , " SUSAN L JACOB ~ i Sworn to and subsaibed before me this /I'" day of ili~lr ,1997 N . J . ":"1....1... .>f vJu...,- Notmy Public NOTAIIlAl Wl SH(tl.A' "~O\'fIl.1lGlIry PublIc ~. C"..upnln co.tly. PA ... CoM...iUlaII EJlIIIII r.lI. $, 2001 c:r, ~ ~ h, <:) ~. .:J- ...... t. ,~ ;J:: J eo. -- '..-\ - .. .. '1) . I'V \.i , " <:) .-, JOHN WALKER, Ud/b/a WALLCOVERINGS BY WALKER, CLAIMANT COURT OF COMMON PLEAS OF BERKS COUNTY v. NO. 97-6446 MECHANIC'S LIEN KAZI FOODS. INC., OWNER NOTICE OF FILING OF MECHANIC'S LIEN CLAIM TO: Zubair Kazi President Kazi Foods, Inc. 134 West Chocolate Avenue Hershey, PA 17033 You are notified that a mechanic's lien claim in the amount of $3,300.00 has been filed on behalf of John R Walker. tJdlbla Wallcoverings by Walker. against the Kentucky Fried Chicken restaurant at 241 Lancaster Pike. Shillington. Pennsylvania, of which Kazi Foods. Inc. is the owner or reputed owner. The claim was filed on July 1, 1997 in the Court of Common Pleas of Berks County, No. 97-6448 A copy of the clatm is attached. Respectfully. CHARLES O. BARTO. JR. AND ASSOCIATES -1"A ? ,,((.- ....;Jonathan P Nase. Esquire Attorneys for Claunant ;is .;)" ~ Attorneys at Law 608 North Third Street Harrisburg, PA 17101 (717) 236-6257 t'r' ~ ..... ~, 7. ;: lU .'~. , en ... .... ~ .." . ~ - l .. \.lot 0 "'" n - .,}. - ':...' .~ . . ;.' PRO Tf:;'j.JT !.P'.,~ '1=;:'CE JOHN WALKER '97 JlJl -I : D 2'2 OURT OF COMMON PLEAS v. KAZI FOODS, INC., MECHANIC'S LIEN OWNER MECHANICS ~II;N CLAIM 1. The name of the claimant is John Walker, Vd/b/a Wallcoverings by Walker. 2. The name of the reputed owner is Kazi Foods, Inc. and its address is 134 West ChlJcolate Avenue, Hershey, Pennsylvania 17033. 3. The claimant contracted with Durability, Inc. (.contractor") of 5t. Petersburg, Florida. This company, which has not filed a Certificate of Authority to do Business with the Pennsylvania Department of State, contracted directly with owner. 4. The materials and labor hereinafter referred to were furnished pursuant to an oral contract entered into with contractor in August, 1996. wherein the claimant agreed to strip existing wallpaper, prep, prime, paint and install new wallpaper at the Kentucky Fried Chicken restaurant on at 241 Lancaster Pike in 5hl/linglon, Pennsylvama. 5. The materials and labor were furnished in the alteration and repair of the seating and counter areas, entrances, and hallways of the premises at specified above. 6. The nature ~nd kind of materials furnished were paint. prime, paste and painting supplies. The paint and wallpaper were selected by contractor and approved by owner prior to being applied by c1airnant. Claimant personally performed the labor under the contract. 7. The amount claimed to be still due and chargeable against the property is $3,300.00, being the value of the matenals and tabor supplied before Claimant was told to cease work on the Pf'Ofed until further notice Claimant has no note or other collateral security for his clam 8. The fnt materlsls were fumtshed by claImant In August. 1996. In October 1996, Claimant was told to cease work until he receIVed further InstrudtOnS He has JOHN WALKER, T/D/B/A WALLCOVERINGS BY WALKER, CLAIMANT COURT OF COMMON PLEAS OF LANCASTER COUNTY v. NOel -97-oBoLi'l . KAZI FOODS, INC., OWNER MECHANIC'S LIEN MECHANICS LIEN CLAIM 1. The name of the claimant is John Walker. Vd/b/a Wallcoverings by Walker. 2. The name of the reputed owner is Kazi Foods, Inc. and its address is 134 West Chocolate Avenue, Hershey, Pennsylvania 17033. 3. The daimant contracted with Durability, Inc. ("contractor") of Sl. Petersburg, Florida. This company, which has not filed a Certificate of Authority to do Business with the Pennsylvania Department of State, contracted directly with owner. 4. The materials and labor hereinafter referred to were furnished pursuant to an oral contract entered into with contractor in August, 1996, wherein the daimant agreed to strip existing wallpaper, prep, prime, paint and install new wallpaper at the Kentucky Fried Chicken restaurant located at Rockvale Square in Lancaster, Pennsylvania. S. The materials and labor were furnished in the alteration and repair of the seating and counter areas, entrances. and hallways of the premises at specified above. 6. The nature and kind of materials furnished were paint, prime, paste and painting supplies. The paint and wallpaper were selected by contractor and approved by owner prior to being applied by daimant. Claimant personally performed the labor under the contract. 7. The amount dalmed to be still due and chargeable against the property i. $3.050. being the value of the materials and labor supplied before Claimant was told to cease WOI1\ on the project until further notICe. Claimant has no note or other collateral security for his daim. S The first matenals were furnished by datmant In August , 996 In October 1996, Claimant was told to cease woi1I; until he receIved further InstructIOnS He has \ - CHARLES o. BARTO. JR. AND ASSOCIATES ATTORNnaAT UW IN 110.,," tMtIID IIf1lIl:n H.....RI..URa:. PENNSYLVANiA 1110' . . ,. .. . . ,it .'''-. . . t . I ,.".~.. JOHN WALKER, TIDIBIA WALLCOVERINGS BY WALKER, CLAIMANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KAZI FOODS, INC., OWNER NO. 97- 3 -08'" 4- ,{,u-l) n is) n c -J -n MECHANIC'S L1E~~ 2 -) .13 rnr.: r- ," ~ -'. ... 7.t' - :-~8 9'.; -.I oJ... . /. , I ~r:; ..,., ~:!l ~n :: {.,~~ ~(J ca urn s: ?5 =< t; =<; v. ~ECHANICS LIEN CLAIM 1. The name of the claimant is John Walker, Udlbla Wallcoverings by Walker. 2. The name of the reputed owner is Kazi Foods, Inc. and its address is 134 West Chocolate Avenue. Hershey, Pennsylvania 17033. 3. The claimant contracted with Durability, Inc ("contractor") of S1. Petersburg, Flonda. This company. which has not filed a Certificate of Authonty to do Business WIth the Pennsylvania Department of State. contracted directly with owner. 4. The matenals and labor hereinafter referred to were fumished pursuant to an oral contrad entered into with contrador in August, 1996. wherein the claimant agreed to strip existing wallpaper, prep, prime, paint and install new wallpaper at the Kentucky Fried Chicken restaurant located at Lowther and Third Streets. Lemoyne, PeMsylvanla. 5. The materials and labor were furnished in the alteration and repair of the dining and counter areas, entrances, and hallways of the premises specIfied above. 6. The nature and kind of matenals furnished were paint, prime, paste and painting ~upplies. The paint and wallpaper were selected by contractor and approved by owner poor to being applied by claimant CISlmant personally performed the labor under the contract 7. The amount c1allned to be stili due and chargeable against the property is $1.80000. belf'lO the value of the matenals and labor supplied before Claimant was told to cease work on the prqed until further notice Clatmant has no note or other collateral secunty for hls dSlm Q .D .., ~-": -.J '.'" ~ ,.. -'i-' .... ,= r ff~{: :.;') r;'~ ~-I , "8 .s;- .~ r': ' ..:, - ". "",'- -'" ;,.,., .. .. :.>: .... ~J -' ' .() ..' ~r.. ~ ...m ~) ..... ~ ,.. "--f 1< ~ -.I JOHN WALKER, tJdJb/a WALLCOVERINGS BY WALKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA l~~ '~:~i NO. MLD CIVIL ACTION. MECHANIC'S LIEN v. KAZI FOODS, INC., Defendant iN RE: DEFENDANT'S PRELIMINARY OBJECTIONS B~fore t:iOFFJ:R. P,J.. OLER. J. and GUIDQ. J. QfIt!lQH HOFFER, J.: In this opinion. we address preliminary objections filed by Defendant, Kazi Foods, Inc. The record in this case reflects the following: Defendant owns a number of Kentucky Fried Chicken restaurants in central Pennsylvania. Plaintiff, John Walker, t1dJb1a Wallcoverings by Walker, is a subcontractor who was contracted to do painting and wallpapering under a general contract to repair and remodel Kentucky Fried Chicken restaurants in Cumberland, Berks and Lancaster Counties. Plaintiff commenced work. under the contract. in August of 1996. In October of 1996 Plaintiff was told to stop work and to await further Instructions. Plaintiff was never recalled to complete the work under the contract. Plaintiff gave Defendant preliminary notice 01 his intent to file a mechanlc's lien on March 12. 1997. Formal notice was given on May 27.1997 and liens went filed In Cumberland. EIet'U and Lancaster Counties by July 17. 1997. Plaintiff filed 97-3885 MLD his complaint in this Court, demanding judgment on all three liens, on November 5, 1997. April 9, 1998, Defendant's preliminary objections were filed. Defendant alleges in its preliminary objections that Plaintiff's mechanic's liens should be stricken for failure to comply with the requirements of the Mechanics' Uen Law of 1963. Defendant claims that Plaintiff failed to give timely notice of his intent to file a claim and that the lien filed was not timely. Defendant is correct in its assertion that strict compliance with the statutory requirements of the Mechanics' Uen Law of 1963 is required in order for a lien to attach. ~ Castle pnrCast Suoerior Walls of Delaware. Inc. v. Strauss-Hammer, 416 Pa. Super. 53, 610 A.2d 503 (1992). Defendant is mistaken in its claim that Plaintiff failed to comply with the statutory requirements. The Mechanics' Uen Law of 1963 states that a claim is not valid unless a subcontractor gives an owner written preliminary notice of his intent to file a claim .on or before the date of completion of his work,. If an amount due Is not paid. 49 P. S. Section 1501(a). .'Completlon of the work' means performance of the last of the labor or delivery of the last of the materials required by the terms of the cIalmant's contract or agreement, whichever last occurs.. 49 P. S. Section 1201(8). Subcontractors maintain the right to alien where performance wu not completed through no fault of their own. 49 P. S. Section 1305. 2 97-3885 MLD Plaintiff was told to stop work in October of 1996. It was no fault of his own that Plaintiff was not able to retum to the site to complete the job for which he was contracted. "Completion of the work" had not occurred when Plaintiff informed Defendant that he intended to file a mechanic's lien if the amount due was not paid. Plaintiff did not violate the provisions of the Mechanics' Uen Law of 1963 when he gave Defendant notice of his intent to file a lien. For the same reasons as above, Plaintiff's liens were filed in a timely fashion. As far as Plaintiff is concemed, work has not been completed because he was not able to retum to the sites to complete the job. The statute requires that the lien be filed within four months of the completion of the work. 49 P. S. Section 1502(a)(l). Plaintiff filed when it became dear to him that he would not be allowed to finish the job. Plaintiff's lien was filed In a timely fashion because it was filed before the work that he was contracted to do was completed. Therefore, Defendant's preIlmlnary objections are dismissed. 3 . .----- .~ -- - -.-- -- --- --+ . ~ ~~_. - ... ,", "-' ~ -- ~~