HomeMy WebLinkAbout03-1110MELHAM ASSOCIATES, P.C.,
Claimant
Vo
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
WESTWOOD HILLS ASSOCIATES, LLC, ·
Owner/Reputed Owner ·
Mechanics' Lien
NOTICE OF MECHANICS'S LIEN CLAIM
TO:
Westwood Hills Associates, LLC
4216 Little Run Road
Harrisburg, PA 17110
Please be advised that a Mechanics' Lien Claim was filed in the Court of Common Pleas
of Cumberland County on March 13, 2003, at the above captioned docket number. A true and
correct copy of the Mechanics' Lien Claim is attached hereto for your convenience.
Date: March 13, 2003
Respectfully submitted,
REAGER & ADLER, P.C.
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Claimant
MELHAM ASSOCIATES, P.C., ·
Claimant ·
v. · No.:
WESTWOOD HILLS ASSOCIATES, LLC, ·
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
· Mechanics' Lien
MECHANICS' LIEN CLAIM
Claimant, Melham Associates, PC (hereinafter "Melham"), files this Mechanics' Lien
Claim against Westwood Hills Associates, LLC (hereinafter "Westwood"), Owner/Reputed
Owner and against the property hereinafter described and the curtilege appurtenant thereto for
the payment of a debt due Melham as contractor in the construction of the property.
The following is the statement of the claim of Melham:
1. The Claimant is Melham Associates, PC, a corporation incorporated and doing
business under the laws of the Commonwealth of Pennsylvania, with a principal place of
business located at 2247 North Front Street, Harrisburg, Pennsylvania 17110 and files this claim
as a contractor.
2. The name and address of the Owner/Reputed Owner at the time of the furnishing
of the labor and the attaching of the lien therefore is Westwood Hills Associates, LLC, a
corporation incorporated and doing business under the laws of the Commonwealth of with a
principal place of business located at 4216 Little Run Road, Harrisburg, Pennsylvania 17110.
3. The Claimant contracted with the Owner/Reputed Owner to perform services
including but not limited to surveying and construction stakeout for improvements including
roadways, curbs and catch basins, construction stake out of sanitary sewer manholes and setting
pins and monuments for the improvements for the property known as Phase V, Westwood Hills,
Westwood.
5.
which property is more specifically described in the legal description attached hereto and made a
part hereof at Exhibit "A".
Melham invoiced Westwood as agreed and in the amounts agreed to be paid by
Despite demand, Westwood has failed to pay Melham the total amount of its
invoices leaving a principal balance due of $11,838.75.
6. The amount or sum claimed to be due for the labor and materials is $11,838.75,
plus interest at the rate of 18% per annum on the unpaid balance from the date of completion of
Claimant's work.
7. Melham commenced its work on or about September 6, 2002. Claimant provided
the labor in a good and workmanlike manner and completed its work on February 10, 2003.
8. The lien is claimed against the fee simple interest of the Owner/Reputed Owner in
the aforesaid premises from the date Melham commenced performance of the work on the
property herein described.
WHEREFORE, Claimant, Melham Associates, PC, claims to have a lien upon the
premises herein described in the amount of $11,838.75 plus interest at the rate of 18% per annum
on said sum plus costs against the Owner/Reputed Owner, Westwood Hills Associates, LLC, in
the premises.
Date: March 13, 2003
Respectfully submitted,
REAGER & ADLER, P.C.
/
Thoma~ O. .ams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Claimant
EXHIBIT "A"
LEGAL DESCRIPTION
WESTWOOD HILLS
PHASE 5
ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland
County, Commonwealth of Pennsylvania, being more particularly described as follows:
BEGINNING at a found iron pin on the eastern right-of-way line of Brisbain Lane and the
southwestern comer of lot 37 in Phase 4 of Westwood Hills.
THENCE leaving said right-of way and along said lot, North 85 degrees 43 minutes 24 seconds
East (N 85°43'24" E), a distance of 100.00 feet (100.00') to a point along lands of Ronald G.
Gates.
THENCE along said lands and the rear property lines of lots 38 through 44, South 4 degrees 16
minutes 36 seconds East (S 4°16'36.' E), a distance of 740.67 feet (740.67') to a point, corner of
lands of Clarence A. Keys Jr and on the northern right-of-way line of Valley Street (S.R. 1004).
THENCE along said right-of-way with a non-tangent curve to the right, having a radius of
11,429.19 feet (11,429.19'), an arc length of 119.21 feet (119.21'), being subtended by a chord
bearing of South 77 degrees 15 minutes 00 seconds West (S 77°15'00" W) with a distance of
119.21 feet (119.21') to a point on the same, within a 30.00 feet wide (30.00') sanitary sewer
easement and a rear property corner of lot 45.
THENCE along said right-of-way and the rear property lines of lots 45 through 47, South 77
degrees 32 minutes 56 seconds West (S 77o32'56" W), a distance of 397.40 feet (397.40') to a
point on the same, a rear property corner of lot 47 and along lands owned by Village Homes at
Westwood Glen, Inc.
THENCE along said lands and lot 47, North 28 degrees 07 minutes 33 seconds East (N
28°07'33" E), a distance of 102.87 feet (102.87') to a point on the same and within a wetlands
and drainage easement.
THENCE along said lands, lot and easement, North 78 degrees 44 minutes 34 seconds West
(N 78°44'34" W), a distance of 17.25 feet (17.25') to a point on the same.
THENCE along the same, North 63 degrees 02 minutes 31 seconds West (N 63°02'31" W), a
distance of 33.85 feet (33.85') to a point on the same and a rear property corner of lot 48.
THENCE along the same and said lot, North 13 degrees 19 minutes 52 seconds West (N
13o19'52" W), a distance of 53.90 feet (53.90') to a point on the same.
THENCE along the same, South 89 degrees 43 minutes 27 seconds West (S 89°43'27" W), a
distance of 17.35 feet (17.35') to a point on the same.
THENCE along the same, North 74 degrees 24 minutes 35 seconds West (N 74o24'35" W), a
distance of 54.00 feet (54.00') to a point on the same and a rear property corner of lot 49.
THENCE along the same and said lot, North 66 degrees 06 minutes 43 seconds West (N
66°06'43" W), a distance of 78.91 feet (78.91') to a point on the same and a rear property
corner of lot 50.
THENCE along the same and said lot, North 31 degrees 18 minutes 45 seconds West (N
31°18'45" W), a distance of 20.40 feet (20.40') to a point on the same.
THENCE along the same, North 54 degrees 37 minutes 33 seconds West (N 54°37'33" W), a
distance of 20.47 feet (20.47') to a point on the same.
THENCE along the same, North 48 degrees 19 minutes 11 seconds West (N 48°19'11" W), a
distance of 35.83 feet (35.83') to a point on the same and a rear property corner of lot 51.
THENCE along the same and said lot, North 71 degrees 41 minutes 57 seconds West (N
71°41'57" W), a distance of 33.35 feet (33.35') to a point on the same and within the above
noted 30.00 feet wide (30.00') sanitary sewer easement.
THENCE along the same, North 78 degrees 19 minutes 52 seconds West (N 78019'52" W), a
distance of 18.18 feet (18.18') to a point on the same and along lands of Clarence E. and Dolly
E. Jacobs.
THENCE along said lands, lot and the wetlands and drainage easement, North 0 degrees 57
minutes 06 seconds East (N 0°57'06" E), a distance of 31.05 feet (31.05') to a point on the
same.
THENCE along said lands and the rear property lines of lots 51 through 54, North 3 degrees 44
minutes 17 seconds West (N 3°44'17" W), a distance of 380.50 feet (380.50') to a point on the
same, a rear property corner of lot 54 and along lands of Carla M. Boudreau.
THENCE along said lands, lot and across another 30.00 feet wide (30.00') sanitary sewer
easement, North 20 degrees 56 minutes 00 seconds East (N 20°56'00'' E), a distance of 96.49
feet (96.49') to a point on the same and a rear property corner of lot 55.
THENCE along said lot, North 46 degrees 24 minutes 23 seconds East (N 46024'23" E), a
distance of 126.31 feet (126.31°) to a point, a rear property corner of lot 56, corner of lands of J.
Stephen and Kerrie M. Richardson and Daniel T. and Michele A. Francis.
THENCE along the rear property lines of lots 56, 63, 64 and 65, North 67 degrees 33 minutes
59 seconds East (N 67°33'59" E), a distance of 302.39 feet (302.39') to a point, a rear property
corner of lot 65, corner of lands of Village Homes at Westwood Glen, Inc. and Stacy N. Canty.
THENCE along said lot and lands of Canty, North 87 degrees 14 minutes 56 seconds East (N
87°14'56" E), a distance of 58.43 feet (58.43') to a point on the same, corner of lands of B.L.C.
Properties and of others.
THENCE along said lot and lands of others, South 16 degrees 31 minutes 07 seconds East (S
16031'07" E), a distance of 146.98 feet (146.98') to a point on the southem right-of-way line of
Brisbain Lane.
THENCE along said right-of-way with a non-tangent curve to the right, having a radius of
160.00 feet (160.00'), an arc length of 34.19 feet (34.19'), being subtended by a chord beating
of North 79 degrees 36 minutes 06 seconds East (N 79036'06'' E) with a distance of 34.12 feet
(34.12') to a point on the same.
THENCE along the same, North 85 degrees 43 minutes 24 seconds East (N 85°43'24- E), a
distance of 25.00 feet (25.00') to a point on the same.
THENCE along the same with a non-tangent curve to the right, having a radius of 15.00 feet
(15.00'), an arc length of 23.56 feet (23.56'), being subtended by a chord bearing of South 49
degrees 16 minutes 38 seconds East (S 49°16'38" E) with a distance of 21.21 feet (21.21') to a
point on the same.
THENCE across Brisbain Lane, North 80 degrees 36 minutes 36 seconds East (N 80°36'36'' E),
a distance of 50.20 feet (50.20') to a found iron pin, corner of lots 37 and 38 and the POINT OF
BEGINNING.
CONTAINING 572,632.54 square feet or 13.1458 acres of land.
BEING all of Phase 5 as shown on a plan titled "Conceptual Layout", dated 5 June 2002,. as
prepared by Melham Associates, P.C.
VERIFICATION
I, John Melham, hereby verify that the averments of the foregoing Mechanic's Lien
Claim are true and correct to my personal knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to
unsworn falsification to authorities.
Date:
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01110 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MELHAM ASSOCIATES PC
VS
WESTWOOD HILLS ASSOCIATES LLC
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:
WESTWOOD HILLS ASSOCIATES LLC
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within MECHANICS LIEN CLAIM
in his bailiwick. He therefore
County, Pennsylvania, to
On March
25th , 2003 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
18.00
9.00
10.00
29.25
.00
66.25
o3/25/2oo3
REAGER & ADLER
Sheriff of Cumberland County
Sworn and subscribed to before me
this /0 ~ day of ~
~o.5 A.D.
/ t Prot hor[o t~a zZy
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:March 21, 2003
COMPLAINT
WESTWOOD HILLS ASSOCIATES LLC
to DON IRWIN (PRES)
of the original
: MELHAMASSOCIATES PC
us
: WESTWOOD HILLS ASSOCIATES LLC
Sheriff's Return
No. 0591-T - -2003
OTHER COUNTY NO. 03 1110
at i:50PM served the within
upon
by personally handing
1 true attested copy(ies)
COMPLAINT and making known
to him/her the contents thereof at 4216 LITTLE RUN ROAD
HARRISBURG, PA 17110-0000
Sworn and subscribed to
before me this 21ST day of MARCH, 2003
(
PROTHONOTARY
So Answers,
Sheriff of Dauphin County,. Pa.
Deputy
Sheriff's Costs: $29.25 PD 03/20/2003
RCPT NO 176670
GASPICH
~n The Court o£ Common Pleas of Cumberland County, Pennsylvania
Melham Associates PC
VS.
Westwood Hills Associates LLC
SERVE: same N0. 03-1110 civil
NOTM' March 18, 200-3
hereby deputize the Sheriff of
., I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
within
Affidavit of Service
,20 , at o'clock ~
M. served the
upon
by handing to
a
and made known to
copy of the ori~al
So ansWers,
the contents thereof.
Sworn and subscribed before
me this __ day of ., 20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO TItE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
MELHAM ASSOCIATES, P.C.
Claimant
WESTWOOD HILLS ASSOCIATES, LLC
Owner/Reputed Owner
No. No. 03-1110-MLD
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendants' Preliminary Objections
Identify counsel who will argue case:
(a) for plaintiff: Thomas O. Williams, Esquire
Address: Reager & Adler, P.C., 2331 Market Street
Camp Hill, PA 17011-4642
(b) for defendant: Todd R. Bartos, Esquire
Address: Stevens & Lee, P.O. Box 1594, Lancaster, PA 17608-1594
I will notify all parties in writing within two days that this case has been listed for
argument.
Argument Court Date: August 27, 2003
Attorney for Defendants
07/14/03/SL1 366909vl/68380.001
MELHAM ASSOCIATES, P.C.
Claimant
V.
WESTWOOD HILLS ASSOCIATES, LLC
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
:
: CIVIL ACTION- LAW
:
: No. 03-1110-MLD
Owner/Reputed Owner :
PRELIMINARY OBJECTION TO MECHANICS LIEN CLAIM
Westwood Hills Associates, LLC, by and through its attorneys, Stevens & Lee,
file the following Preliminary Objections to the Mechanics Lien Claim as follows:
1. These Preliminary Objections are filed pursuant to Section 505 of the Mechanics'
Lien Law, 53 P.S. §1505.
2. Claimant, Melham Associates, P.C. ("Melham") initiated this action on March 13,
2003 by filing a Mechanics' Lien Claim with the Court. The Mechanics' Lien Claim is of record
with the Court at the captioned Docket Number.
3. Westwood Hills Associates, LLC, ("Westwood") is a Pennsylvania Limited
Liability Company and the owner and developer of a residential subdivision in East Pennsboro
Township, Cumberland County, known as Westwood Hills, (the "Property").
4. In its Mechanics' Lien Claim, Melham claims, as a contractor, to have furnished
labor and material in the amount of $11,838.75 for Phase V of the Property.
II. PREI~IMINARY OBJECTION - LACK OF CONFORMITY WITH LAW
9. Paragraphs 1 through 4 are incorporated by reference as if set forth fully herein.
10. Melham has failed to prove a valid contract for materials and labor provided, as
required by Section 503 of the Mechanics Lien Law, 49 P.S. §1503.
WHEREFORE, Westwood Hills Associates, LLC respectfully requests that
Melham's Mechanics' Lien Claim be stricken.
2
SLI 364759vl/68380.001
III. PRELIMINARY OBJECTION - LACK OF CONFORMITY WITH LAW
12. Paragraph 1 through 11 are incorporated by reference as if set forth fully herein
13. Work allegedly performed by Melham included "surveying and construction stake
out for improvements including roadways, curbs and catch basins, construction stake out of
sanitary sewer manholes and setting pins and monuments for the improvements for the
property..." Paragraph 3 of the Mechanics' Lien Claim.
14. Such site preparation work does not constitute "improvements' as set forth in the
Mechanics' Lien Law, and does not qualify for a Mechanics' Lien Claim. Sampson-Miller
Associated Co., Inc. v. Landmark Realty Co., 303 A.2d 43 (Pa. Super. 1973).
15. A Mechanics' Lien Claim can not attach to the work allegedly performed by
Melham as it was not incidental to the construction of a building.
WHEREFORE, Westwood Hills Associates, LLC respectfully requests that
Melham's Mechanics' Lien Claim be stricken.
Respectfully Submitted
STEVENS & LEE
Dated:
Todd R. Bartos, Esq.
Attorney ID #84279
P.O. Box 1594
25 N. Queen Street, Suite 602
Lancaster, PA 17608-1594
717-291-1031
Attorneys for Westwood Hills Associates,
LLC
3
SLI 364759vl/68380.001
MELHAM ASSOCIATES, P.C.,
Claimant
WESTWOOD HILLS ASSOCIATES, LLC,
Owner/Reputed Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-1110-MLD
Mechanics' Lien
PRAECIPE
TO THE PROTHONOTARY:
Please mark the captioned case and the mechanics' lien claim as settled and discontinued
with prejudice.
Date: August 14, 2003
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Claimant