HomeMy WebLinkAbout98-06102
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I'RANK I'ISClONERI
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PRAECIPE FOR Ei\TRY OF APPEAIL\i\('E
TO TilE PROTIIONOTARY:
Please cntcr my appearanec Oil bchal r or Ilcl\:ndant Frank I'iscioncri ill thc abovc-
captioncd mallcr.
I'O\\'EI.!., TRA( 'IITi\IAN, LOGAN, CARRLE,
1l00\':\fAN & 1.0MIl^,WO, I'.c.
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- (-'~(jraingcr BOII!/]!!ll
I.D. ili570i)
114 North Sceond Strcct
lIarrisbur~!, I' ^ 171 () 1
(717) nS-')3(J(J
Datc: October 10, 2000
HB:40210,10000-30
CEIHIF'(,ATI': OF SEnV,n:
AND NOW. 0(1 Octoher Ill, 21l1H!, I hL'l\'hy cerlil~' th,,11 h"cc SLTCL'd" trlle alld correel
copy of the within/'rtll'C1/I(')i,J' I"I/fn- o!,"I'/I('I/I-"'(('(' IlpO(l the /(,lIowing persoll(s) cia lirst class
U.S. Mail, postage prcpaid:
William E. Miller, .11'., Esq.
Anthony E. Marrone, Esq.
Miller & Associates. P.l',
1822 Market Street
Camp Hill, PA 17011
By
C1 /J~ (&:__
c. Grainger ~n
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HB:40237,10000.30
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DEFENDANT'S ANSWER AND i'\EW "ATTER TO PL\INTIFF'S COMPLAINT
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I, Admitted,
, Admitted.
), Admitted that PlailltilTwas the ,:elleral contractor Illr relll)\'alions 01' an existing
huildillg at )5s0 Old Ciettyshllr,: Road. CalliI' Ilill, I'A 17011, The Plainlilrs ohligatiolls werc
contained in contract terms and drawings and speeilieations.which Plaintil'l'did not attach to its
Complaint. PlaintilTdid not pcrlorm the contracl in a good and workmanlike manncr, and did
not perform in accordance with the agreed-upon contract time,
4, Admittcd that Plaintiff Iiled a mechanics' lien in Cumberland County Court of
common Pleas. and that a copy is attached as L\hibit A. Denied that tbe mechanics' lien is
cffcctive. that is it filils to eOnll1l'l11 10 the requiremcnts 01' I a I\' fllr the reasons set forth in Ncw
Matter.
5, Denied that PlaintilTis entitled to any paymcnt claim in this action,
Ncw i\latlcr
6, Thcrc is no valid debt that Delcndant owes to Plainti IT Defendant has incurred
HB:40531,14145-01
and will incur (,.'n~\'; lill' \\hicl1l'l.lillltlf j', Il',.pPlhlhh.: 011 ;!l'l'tllll1t of 1'1.1111111 !,,'s IHHI'pl.'rlilllll;IIH,'l'
ofcontrac! work,
7. lhe COlltf'OIcl. alk~',l'd In lillllllhl' h;I....I.... 11I'llli.' l1l'l1. 1.... 1111L'lllilln:.lhk.
X. The I'billtifrl~; III dL'btJlt 1I11Ill'l'l'lli'lllldllL't' !dlll.: L'\llllril\.:l ,1IHI t',IIHlllt ,1'.......('11 a
lien for partial perlimnancc.
(), Plaintiffhas Iltll'\L'lISl' 1i.1l' the 1l111l-lh:rliJrllllllll..'l' Drtll\.' L.OlllracL
10. Defendant did Imt acccptthe pcrlillnl'lIlce "flhe Plaintllf.
II. The alleged ~lcchanics' ',ien is dekelive.
(a) The Mechanics Lien was IIntimely lilcd to i\o. tiS-t>102 :VII.\)
Cumberland Counly Court of Common Picas on October 26, I tit)S: that is,
it was lilcd beyond the lilliI' mOllth period ai'ler the eomplclionofthe
work. The work under the contract was abandoned by Plainti fl'.
(b) Thc Mechanics' Lien was never veri lied by Plaintiff. as requircd by
statute.
(e) The Mechanics' Lien conlained ",etual inaccuracics amI Jillse statemenls.
The datc of"'ast work" was not August 2S, I t)t)S. The billing for the last
work was not August 2S. I t)t)S. Claimant did not provide the owner
and/or its agents with proper notice of its intention to file a lien claim.
(d) The service ofa delective mechanics' lien is defcctive.
(e) The Mechanics' Lien docs not make an adcquate statement of the kind and
character of the labor or malerials lilrnished.
(I)
The amount claimed under the Mechanics' Lien of 549,934.79 is not the
HB:40531.14145-01
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r~asonahle valll~ oflh~ lahor or malc'II,ds sllpphc'd.
12. Plaintitrs claim is halTcd hy thc dOl'lrin~ of \\ aicw, intl",1 I'lailllill ahandollc'd
thc ProjCl't.
13. '1 hc ('omplailll is halTcd hy Ihc apphcahle stallltc of lillnlalions.
14. Dcfclldallt claims, IIlldcr thc doctrinc ofsl'l-oll. Ihc l'Osls 1l1l'lIrrcd hy Ikkndalll
(or estimated cost thereo!) to corr~ctth~ nllsatisl;lctory, llllworkmalllike allll sllbSlalltially
.
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deficient work and non-conl<>nning work ofth~ Plaintiff. By law, Dekndant is entitled 10 claim
WHEREFORE, Defendant demands dismissal of Plaintiffs complaint. and judgmcnt for
under the doctrine of set-ofT only thc amonnt of S4'!.'!34.7'): however, Delcndanl is seeking
estimates to correct the unsatis!;letory work. which may hc ill excess of$4'J,'!34.7'!.
the amollnt of set-off in its favor and against Plaintiff. together with allol'l1~Ys' Ices, costs of suit.
and such other relief as is appropriate.
POWELL. TRACHTMAI'\, J.OGAN, CARRLE,
BOWMAN & LOMBARDO. P.c.
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By C .!
c. Grainger Bowman
,
J.D. 1115706
114 North Second Street
Harrisburg. P A ! 71 0 1
(717) 238-'!300
;Il1oJ'/lcI'for Fl'lllIk Pisciollcri. /Jefclldall!
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Dale: December I. 2000
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H8:40531.14145.01
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CERTlFI(',\TE OF SER\'ln:
AND NOW, on Dcccmbcr 1,2000. I hcrcby entify Ihat I havc snved a truc and ""rreet
copy ofthc within /JeIL'I/IIIIII/ 's .-/II.\'\\'er 1I11t! Nt'I\' ,lllIlIer ,,, I'IIIIII/ijl's ('''IIII,II1II1/upon the
following person(s) via lirsl class U.S. Mail. postage prepaid:
Anthouy E. Marronc. Esq.
Miller & Associatcs. r.C'.
1822 Market Street
Camp l'lill. I'A 17011
By
C. Grainger Bowman
HB:4D237.10DDD.3D
Hill, Cumberland County, I'ennnylvania,
Mr. ~Johnnon I G vcr if icd
Proof of Service in attached hereto an Exhibit "A."
This Verification In made nubject to the penaltien of 18
Pa. Cons. stat. Section 4904 !'elatillq to unnworn lalsiflcation to
duthorities, which provides that If I knowingly make false
averments, I may be subject to criminal penalties.
DATE: November 10, 1998
By: jV IItJ~ Y , ft t l
MARLA K. MILLER
Attorney I.D. #47433
Attorney for Claimant
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Court of Common Pleas oE Cumberland County at No. 98-6102 MLD on
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October 26, 1998. A copy of the claim is attached.
DATE:
November 2, 1998
By: ,~
LARRY L.
Attorney
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MILLER
I.D. #28122
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Larry L. Miller, Esquire
Pa. supreme Court 1.0, No, 28122
Marla K. Miller, Esquire
Pa, supreme Court 1.0, No, 47433
P,O. Box 40
Duncannon, PA 17020
Telephone: [717] 957.2828
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Attorneys for PlaIntiff:
RE GRAIIT CO,. INC,
RE GRANT COMPANY, INC.
342 Walton street
Lemoyne, PA 17043
Claimant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. !jJ t./OJ...
IU L))
FRANK PISCIONERI
3580 Old Gettysburg Road
Camp Hill, PA 17011
Owner/Defendant
MECHANIC'S LIEN CLAIM FOR
PROPERTY LOCATED AT 3580 OLD GETTYSBURG ROAD. CAMP HILL. PA
1.
The name of the party claimant is RE Grant Company,
,
Inc. ("Claimant") of 342 Walton Street, Lemoyne, pennsylvania
17043. The Claimant files its mechanic's lien claim as a
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contractor.
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2.
The name and address of the owner of the property
subject to the lien is Frank piscioneri, 3580 Old Gettysburg Road,
Camp Hill, Pennsylvania 17011.
3. The Claimant performed all of the general
construction work on the property located at 3580 Old Gettysburg
Road, Camp Hill, Pennsylvania
4. The Claimant last worked on the jOb and billed for
the work on or after August 28, 1998.
5. The Claimant contracted with Frank Piscioneri.
6. Claimant has provided the owner and/or its agents
with formal notice of its intention to file a lien claim.
7. The amount owing to Claimant for work performed on
the project is $49,934.79.
8. The real estate and improvements subject to this
mechanic's lien claim consist of all that property known as 3580
Old Gettysburg Road, Camp Hill, Cumberland County Pennsylvania
17011 and all improvements at this location.
WHEREFORE, Claimant, RE Grant Company, Inc., respectfully
requests and demands that this Honorable Court lien the above-
described property.
DATE: October 23, 1998
By: .1 ~ /1/\
LARRY L. \MILLER --
Attorney I.D. #28122
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VERIFICATION
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I, I~RRY L. MILLER, hereby state that I am counsel for
the Claimant in the within action and that the facts set forth in
the foregoing Mechanic's Lien Claim are true and correct to the
best of my knowledge. The information set forth in this lien claim
was provided by Ms. Rosemary Grant, President of RE Grant company,
Inc. Ms. Grant's verification could not be obtained within the
time allowed for filing this document.
I understand that the statements herein are made subject
to the penalties of 18 Pa. Cons. stat. section 4904 relating to
unsworn falsification to authorities, which provides that if I
knowingly make false averments, I may be subject to criminal
penal t.ies.
Date: October 22, 1998
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JJ021688. DOC
PRIORITY ONE ATTORNEYS' MESSENGER SERVICE
Joaeph F. JohnllOn, Owner
. Subpoon.. & Cllallon" for All Courta
. Serving U.S.A. & Canada
99 S. Cameron Sire. I
P.O. Box 454
Harrlaburg, I'A 17108-0454
(717) 257-1365
PROOF OF SERVICE I
ORDER NO.
--.J
PROCESS TO BE SERVED BY:
DOCUI'.E1lTS:
W lT11ESS FEE:
DATE RECEIVED
DATE REASSIGNED
CASE NO.
PLAINTIFF
..vs.
DEFENDANT
TO BE SERVED:
ACCEPTED BY:
DATE SERVED:
TIME:
PROCESS SERVER'S NAME
[ ] Male [ J Black Hair [ J Unde r 5' 0" [ ] Under 100 Ib", [ J Military Service
[':;.<l: Female [ ] Brown Hair [ ] 5'0" - 5'3" [ ] 100-130 Ibs,
"f,.4. Blonde Hair t>4~1i~ . 5' 8" Kl @.J.L160 Ibs, Other Identifying
[ ] Moustache [ ] Gray Hair [] 1]'( _ 6'0" [ ] 161-200 Ibs. Features:
[ ] Beard [ ] Red Hair [ lOver 6'0" [ ] Over 200 Ibs.
[ J Glasses [ ] White Hair
[~White Skin [ ] Balding
NON-SERVICE INFO
[ J Black Skin [ ] 14-20 Yrs,
[ ] Yello,", Skin [ J 21-35 Yrs. [ ] Moved [ ] Not Known
[ ] Brown Skin [ J 36-50 Yrs, [ ] No Longer Employed [ ] Evading Service
[ ] Red Skin [ ] 51-65 Yrs. [ ] Never in But Address [ ] No Such Address
[ ] Over 65 Yrs, Has Been Verified
PROCESS SERVER'S REPORT
Tlu ~ l'Lvp 's ;j(.( ,t' t I <, ;1'1:. (':J' I~ (<.
'\c""tlh f:. \,..(""<,, ., being duly sworn
according to law, deposes and says that he/she is
process server herein named; and that the facts
herein set forth above are true and correct to
the bes 0 their wledge, information and belier,
Sworn to and
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subscribed efore me this
day of ;' 0.-,,-.&.-
Cl!tll>:i v 'Jj (, 1;))./
,// !Jtary Public
Commis;ion Exp.
EXHIBIT
CERT~FICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
thc foregoing AFFIDAVIT OF SERVICE this 10" day of Novembcr, 1998
by placing the same in the United states Mail, first class mail,
postagc prepaid, addressed as follows:
Frank piscioneri
3580 Old Gettysburg Road
Camp Hill, PA 17011
By:
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Larry L. Miller, E5qu~re
Pa. Supreme Court 1.0. No. :8122
Marla K. Miller, Esqu1re
Pd. Supreme Court 1.0. No, 47433
P.O. Box 40
Duncannon, PA 17020
Telephone: (717] 957.2828
Attorneys for Plalnt1ff:
RF. GRANT CO., INC.
v.
No. (;S
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RE GRANT COMPANY, INC.
342 Walton street
Lemoyne, PA 17043
Claimant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FRANK PISCIONERI
3580 Old Gettysburg Road
Camp Hill, PA 17011
Owner/Defendant
MECHANIC'S LIEN CLAIM FOR
PROPERTY LOCATED AT 3580 OLD GETTYSBURG ROAD. CAMP HILL. PA
1. The name of the party claimant is RE Grant Company,
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Inc.
("Claimant") of 342 Walton street, Lemoyne, Pennsylvania
17043.
The Claimant files its mechanic's lien claim as a
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contractor.
2. The name and address of the owner of the property
subject to the lien is Frank Piscioneri, 3580 Old Gettysburg Road,
Camp Hill, Pennsylvania 17011.
3.
The
Claimant performed all
of
the gcneral
construction work on the property located at 3580 Old Gettysburg
Road, Camp Hill, Pennsylvania
4. Thc Claimant last worked on the job and billed for
the work on or after August 28, 1998.
5. The Claimant contracted with Frank piscioneri.
6. Claimant has provided the owner and/or its agents
with formal notice of its intention to file a lien claim.
7. The amount owing to Claimant for Imrk performed on
the project is $49,934.79.
8. The real estate and improvements subject to this
mechanic I s lien claim consist of all that property known as 3580
Old Gettysburg Road, Camp Hill, Cumberland County Pennsylvania
17011 and all improvements at this location.
WHEREFORE, Claimant, RE Grant Company, Inc., respectfully
requests and demands that this Honorable Court lien the above-
described property.
DATE: October 23, 1998
1
By: i L/\ ./
LARRY L. MILLER
Attorney 1.0. #28122
V ER I FI C l>1'.lQli
I, LARRY L. MILLER, hereby state that I am counsel for
the Claimant in the within action and that the facts set forth in
the foregoing Mechanic's Lien Claim are true and correct to the
best of my knowledge. The information set forth in this lien claim
was provided by Ms. Rosemary Grant, President of RE Grant Company,
Inc. Ms. Grant's verification could not be obtained within the
time allowed for filing this document.
I understand that the statements herein are made subject
to the penalties of 18 Pa. Cons. Stat. Section 4904 relating to
unsworn falsification to authorities, which provides that if I
knowingly make false averments, I may be subject to criminal
penalties.
Date: October 22, 1998
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RI' (iRANT COMPANY, 11\<'.,
I:" Till' COI flU OF CO:-'I~ION PI.I:AS
('l ;:-'lIlI'RLA:--;1l CO.. PU,1\SYLV ANIA
Plaintilf
v.
;'\0. tiS_I> I fI~, ~11.1). Civil Tcrm
FRANK PISCIONERI,
Dc rendant
CIVil. ACTION - MI':C1IANICS' I.IFN
"RACEI"E TO MARK CASE SETTLED AND DISCONTI;'oILJED
TO THE PROTHONOTARY:
Sir:
On behalrorDeremlant Frank Piscioneri, amI relying upon considcration sct rorth
in a Scttlcmcnt Agrccmcnt and Rclcasc bctwccn thc partics calling ror, intcr alia, rclcase
and dischargc or Mcchanies' Licn entered in this matter, please mark the Defendant's
New Mattcr in the above-captioned matter scttled. withdrawn and discontinucd with
prejudicc.
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C. Graingcr B w nan, Esq.
!.D. 1115706
Paync Shocmakcr Building
240 North Third Street
Harrisburg, "A 17101-1507
Attomey ror Frank Piscioneri,
Derendant
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PIClllltlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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RE GRANT COMPANY, INC,.
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No. 98-6102 MLD, CIvil Term
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FRANK PISCIONERI,
Defendant
CIVIL ACTION - MECHANICS' LIEN
William E. Miller, Jr.. squire
MILLER & ASSO ATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
ID No. 0/'220
Attorneys for RE Grant Company, Inc.,
Plaintiff
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PRAECIPE TO MARK CASE SETTl.ED AND D!SCONTINUEO
TO THE PROTHONOTARY
On behalf of the Plaintiff, RE GRANT COMPANY, INC" please mark the
Plaintiff's Mecr,anlc's Lien action in the above-captioned matter settled, withdrawn and
discontinued with prejudice, and in the margin of the Mechanic's Lien docket, pleasE'
mark the Mechanic's Lien as discharged and fully satisfied,
Dated: 7 July 2004
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RE GRANT COMPANY, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 98-6102 MLD, Civil Term
FRANK PISCIONERI,
CIVIL ACTION - MECHANICS' LIEN
Defendant
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
this Complaint and Notice are served, by entering a written appearance personally or by
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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
(800) 990-91 08
NOTICIA
USTED HA SIDO DEMANDADAlA EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tamar
accion dentro de los proximos veinte (20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente 0 par media de un abogado una
comparecencia escrita y radicando en la Corte par escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si
usted falla de tamar accion como se describe anteriormente, el caso puede proceder sin
usted y un fallo par cualquier suma de dinero reclamada en la demand a 0 cualquier otra
reclamacion 0 remedio solicitado par el demandante puede ser dictado en contra suya
par la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTA DOCUMENTO A 5U ABOGADO
IMMEDIATAMENTE. 51 USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASI5TENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
(800) 990-91 08
RE GRANT COMPANY, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 98-6102 MLD, Civil Term
FRANK PISCIONERI,
CIVIL ACTION - MECHANICS' LIEN
Defendant
COMPLAINT
1. Plaintiff RE GRANT COMPANY, INC. is a Pennsylvania business
corporation with its principal place of business located at 342 Walton Street, Borough
of Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as the "Plain-
tiff").
2. Defendant FRANK PISCIONERI, is an adult individual with a residence
address of 257 Deerfield Road, Camp Hill, Lower Allen Township, Cumberland County,
Pennsylvania and with a place of business located 3580 Gettysburg Road, Camp Hill,
Lower Allen Township, Cumberland County, Pennsylvania (hereinafter referred to as
the "Defendant").
3. Plaintiff was the general contractor on the construction of renovations for
Defendant's retail store premises located at 3580 Gettysburg Road, Camp Hill, Lower
Allen Township, Cumberland County, Pennsylvania
4. Plaintiff filed a mechanics' lien on 26 October 1998 in the Court of
Common Pleas of Cumberland County, docketed to No. 98-6102 MLD, a copy of which
is attached hereto as Exhibit "A."
5. The amount of Plaintiff's claim for unpaid construction labor and materials
is Forty-Nine Thousand Nine Hundred Thirty-Four and 79/100 Dollars ($49,934.79).
WHEREFORE, Plaintiff RE GRANT COMPANY, INC. demands judgment
against Defendant FRANK PISCIONERI in the sum of Forty-Nine Thousand Nine
Hundred Thirty-Four and 79/100 Dollars ($49,934.79), with interest from 28 August
1998, costs and reasonable attorneys' fees.
Dated: 1,(, ~ 10(0
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William . Miller, Jr., Esquire
Anthony E. Marrone, Esquire
MILLER & ASSOCIATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
(717) 737-9215
10 No. 07220 and 48182
-2-
VERIFICATION
The undersigned, ROSEMARY E. GRANT, hereby verifies and states that:
1. She is President of RE GRANT COMPANY, INC., Plaintiff herein;
2. She is authorized to make this Verification on its behalf;
3. The Facts set forth in the foregoing Complaint are true and correct to the
best of her knowledge, or information and belief; and
4. She is aware that false statements herein are made subject to the
penalties of 18 Pa. e.s. ~4904, relating to unsworn falsification to authorities.
Dated: ~ ZkJ '2()(X:>
-3-
".
Larry L. Miller, Esquire
~a. Supreme Court 1.0. No. 28122
Marla K. Miller, Esquire
~a. Supreme Court 1.0. No. 47433
~.O. Box 40
Duncannon, ~A 17020
Telephone: (717] 957.2828
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Attorneys for Plaintiff:
RE GRANT CO. I INC.
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RE GRANT COMPANY, INC.
342 Walton street
Lemoyne, PA 17043
Claimant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FRANK PISCIONERI
3580 Old Gettysburg Road
Camp Hill, PA 17011
Owner/Defendant
MECHANIC'S LIEN CLAIM FOR
PROPERTY LOCATED AT 3580 OLD GETTYSBURG ROAD. CAMP HILL. PA
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1. The name of the party claimant isRE Grant Company,
Inc. ("Claimant") of 342 Walton Street, Lemoyne, Pennsylvania
17043.
The Claimant files its mechanic's lien claim as a
contractor.
2. The name and address of the owner of the property
subject to the lien is Frank Piscioneri, 3580 Old Gettysburg Road,
Camp Hill, Pennsylvania 17011.
Exhibit A
3. The Claimant performed all of the general
construction work on the property located at 3580 old Gettysburg
Road, Camp Hill, Pennsylvania
4. The Claimant last worked on the job and billed for
the work on or after August 28, 1998.
5. The Claimant contracted with Frank Piscioneri.
6. Claimant has provided the owner and/or its agents
with formal notice of its intention to file a lien claim.
7. The amount owing to Claimant for work performed on
the project is $49,934.79.
8 . The real estate and improvements subj ect to this
mechanic's lien claim consist of all that property known as 3580
Old Gettysburg Ro~d7 Camp Hill, cumberland County Pennsylvania
17011 and all improvements at this location.
WHEREFORE, Claimant, RE Grant Company, Inc., respectfully
requests and demands that this Honorable Court lien the above-
described property.
DATE: October 23, 1998
By: .1 v, /10
LARRY L. \ MILLER -
Attorney 1.0. #28122
. ...
VERIFICATION
I, LARRY L. MILLER, hereby state that I am counsel for
the Claimant in the within action and that the facts set forth in
the foregoing Mechanic's Lien Claim are true and correct to the
best of my knowledge. The information set forth in this lien claim
was provided by Ms. Rosemary Grant, President of RE Grant Company,
Inc. Ms. Grant's verification could not be obtained within the
time allowed for filing this document.
I understand that the statements herein are made subject
to the penalties of 18 Pa. Cons. stat. Section 4904 relating to
unsworn falsification to authorities, which provides that if I
knowingly make false averments, I may be subject to criminal
penalties.
Date: October 22, 1998
~6ER
PRIORITY ONE ATTORNEYS' MESSENGER SERVICE
Joseph F. JohnIlOft, Owner
. Subpoena. clt.tlons for All Court.
. S""'ng U.s.A. . Canllds
,vv S. Cameron Street
P.O. Box 454
Hanlaburg. PA 17108-0454
(717) 257-1365
PROOF OF SERVICE
ORDER NO.
MILLEP ~ MILLED, P.C.
P.O. EcOX 'F! .
1423 51 ATJ::: ~'O
nUt.I(:;'~~I~'ON. PA 17020
PROCESS TO liE SERVED IiY:
DOCIlHENTS:NlJT!('J;: 'JI" ~ I '_It,ll:; IF
MECH..:'u\!] (:'':'': I.. J ;::....
WITNESS FEE:
DATE RECEIVED
DATE REASSIGNED
CASE NO.
98-6102 I'1LI)' (:OMI'1I.l~1
PLEAS, CU~lBEF.:U'llm
COUNTY. P,~
,
RE GRANT COMPANY, INC
PLAINTIFF
.vs.
FRANK P1SCIONERI
DEFENDANT
TO BE SERVED:
FF:ANK F'IS'::IONERI
3580 OLD GETTYSBU~'" RD
CAMP HILL, f"f.\ 17011
ACCEPTED BY:
~ICTORIA FOUL~R~~D
CO-Ql.!NER
3580 OLD GET"rvGPIJE:':G PO
CAMP HILL. FA 17(-11
DATE SERVED:
TIME:
PR.OCESS SERVER'S NAME
5 NOVIl '38
12:11 PI
JOSEPH F. JOHNSeN
I ) Hale
~ Female
I ) nack Hair
I ) Iirown Hair
~ nonde Hair
I ) Gray Hair
I ) /led Ha1r
I ] 1lb1te Hair
I ] Ba1d1ng
r ] 14-20 Yrs.
I ) 21-35 Yr..
I ] 36-50 Yrs.
r ) 51-65 Yrs.
I ) Over 65 Yrs.
PROCESS SERVER'S REPOR.T
IIv. 5J,..,"'$ 11......'<. ;\- ~ESc!Nc:.~
I ] Under 5'0.
I ] 5'0. - 5'3.
t4~ - 5'S.
I ]~ - 6'0.
I ] Over 6'0.
I ) Under 100 lb..
[ ] 100-130 lb..
.Ki .13v 160 lb..
[ ] ill-2oo lbs.
[ ) Over 200 lbs.
I ) Hilitary Service
Other Identifying
Features:
I ) Houstache
I ) Iieard
[ ] G,lasses
[~1Jhite Sldn
r J nack Sk1n
I ) Yello" Sk1n
I ] Iirown Sk1n
I ) Red Skin
NON-SERVICE INFO
[ ) Moved
[ ) No Longer Employed
[ J Never in Iiut Address
Has Iieen Verified
[ ) Not Known
[ ) Evading Servic~
[ ] No Such Address
.j()~e h j:, L>k.~<:" '" being duly ."om
according to la". deposes and s.ys that he/_he 1s
process aerver herein naaed; and that the faets
herein s t forth above are true and correct to
the be 0 their "ledge, 1nfo~t1oD and beli.f.
S"om to and subscribe~~efore ma this
(, r"- day of ~~
19 ..n...
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, tJ'tary Public -
Co_hsion Exp.
NOTAIlIAl SEAl
JENNifER R. CROW. Nolary Public
HalrisbUlq. Dauphin Counly
My Commission Expires April 29. 2002
I EXHIBIT
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RE GRANT COMPANY, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 98-6102 MLD, Civil Term
FRANK PISCIONERI,
CIVIL ACTION - MECHANICS' LIEN
Defendant
REPLY TO NEW MATTER
1. The first sentence of paragraph 6 of the Defendant's Answer and New
Matter is denied. Plaintiff avers that it performed the contract in accordance with its
terms and conditions providing goods, labor and services to Defendant and that
Defendant accepted the goods, labor and services provided by Plaintiff. Plaintiff is
without knowledge or information sufficient to form a belief as to the truth or accuracy of
the allegations set forth in the second sentence of Paragraph 6 of the Defendant's
Answer and New Matter and the same, therefore, are denied. Strict proof thereof is
demanded at the time of trial, if relevant.
2. Paragraph 7 of the Defendant's Answer and New Matter is a legal
conclusion to which no responsive pleading is required. In the event a responsive
pleading is required, Paragraph 17 is denied. Plaintiff avers that the contract was
enforceable. Plaintiff further avers that Plaintiff performed in accordance with the terms
of the contracts and that Defendant benefitted and accepted such performance.
3. Paragraph 8 of the Defendant's Answer and New Matter is denied.
Plaintiff avers that it performed the contract. Plaintiff further avers that if any work was
not performed under the contract, Plaintiff was excused, prevented, or hindered from
performance by the Defendant.
4. Paragraph 9 of the Defendant's Answer and New Matter is denied.
Plaintiff further avers that if any work was not performed under the contract, Plaintiff
was excused, prevented, or hindered from performance by the Defendant.
5. Paragraph 10 of the Defendant's Answer and New Matter is denied.
Plaintiff avers that Defendant accepted all work performed by Plaintiff and has benefit-
ted from work performed by the Plaintiff. Plaintiff avers that the Defendant accepted
performance through his Supervising Architect who approved and certified two (2)
Applications for Payment for work in progress and Defendant further provided
handwritten payment checks. Plaintiff further avers that the Defendant occupied and
used the premises after performance by the Plaintiff and also prepared the first
handwritten punch list which Defendant modified after the items were completed.
6. Paragraph 11 of the Defendant's Answer and New Matter is denied.
(a) The first sentence of Paragraph 11 (a) of the Defendant's Answer
and New Matter is denied. Plaintiff avers that the Mechanic's lien
was filed on 26 October 26 1998; and that this date was within four
(4) months of the last work under the contract. The second
sentence of Paragraph 11 (a) is denied. Plaintiff avers that, if any
work was not performed, it was because Plaintiff was excused,
prevented, or hindered from performance by the Defendant.
(b) Paragraph 11 (b) of the Defendant's Answer and New Matter is
denied. Plaintiff avers that the Mechanic's Lien was properly veri-
fied by Larry L. Miller, Esquire, counsel for the Plaintiff.
(c) Plaintiff is without knowledge or information sufficient to form a
belief as to the truth or accuracy of the allegations set forth in the
first sentence of Paragraph 11 (c) of the Defendant's Answer and
New Matter regarding any alleged factual inaccuracies and false
statements, and the same, therefore, are denied. Strict proof
thereof is demanded at the time of trial, if relevant. The second
sentence of Paragraph 11 (c) of the Defendant's Answer and New
Matter is denied. Plaintiff avers that the Defendant received Prog-
ress Invoice #3, dated 28 August 1998. The third sentence of
-2-
Paragraph 11 (c) of the Defendant's Answer and New Matter is
denied. Plaintiff avers that Defendant was served with Notice of the
Mechanic's Lien in accordance with the Proof of Service attached
to the Mechanic's Lien.
(d) Paragraph 11 (d) of the Defendant's Answer and New Matter is
denied. Plaintiff avers that Defendant was served with Notice of the
Mechanic's Lien in accordance with the Proof of Service attached
to the Mechanic's Lien.
(e) Paragraph 11 (e) of the Defendant's Answer and New Matter is a
legal conclusion to which no responsive pleading is required. In the
event a responsive pleading is required, Paragraph 11 (e) is denied.
(f) Paragraph 11 (f) of the Defendant's Answer and New Matter is a
legal conclusion to which no responsive pleading is required. In the
event a responsive pleading is required, Paragraph 11 (f) is denied.
7. Paragraph 12 of the Defendant's Answer and New Matter are a legal
conclusions to which no responsive pleadings are
required. In the event responsive pleadings is required, Paragraph 12 is denied in its
entirety.
8. Paragraph 13 of Defendant's Answer and New Matter is a legal conclu-
sion to which a responsive pleading is required. In the event a responsive pleading is
required, Paragraph 13 is denied in its entirety.
9. The first sentence of Paragraph 14 of Defendant's Answer and New
Matter is denied. Plaintiff is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in the second sentence of
Paragraph 14, and the same, therefore, are denied.
-3-
WHEREFORE, Plaintiff RE GRANT COMPANY, INC. demands dismissal of
Defendant's New Matter, and judgment against Defendant FRANK PISCIONERI in the
sum of Forty-Nine Thousand Nine Hundred Thirty-Four and 79/100 Dollars
($49,934.79), with interest from 28 August 1998, costs and reasonable attorneys' fees,
and other relief as this Court deems appropriate.
Dated: J 1\ tli.t:~~ 1Jij)
William iller, Jr., Esquire
Anthony . Marrone, Esquire
MILLER & ASSOCIATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
(717) 737-9215
10 No. 07220 and 48182
-4 -
~
VERI FICA TION
The undersigned, ROSEMARY E. GRANT, hereby verifies and states that:
1. She is President of RE GRANT COMPANY, INC., Plaintiff herein;
2. She is authorized to make this Verification on its behalf;
3. The Facts set forth in the foregoing Reply to New Matter are true and
correct to the best of her knowledge, or information and belief; and
4. She is aware that false statements herein are made subject to the
penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities.
Dated:/f!u-It tJ {/
"
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RE GRANT COMPANY, INC.,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 98-6102 MLD, Civil Term
FRANK PISCIONERI
Defendant
CERTIFICATE OF SERVICE
I, Anthony E. Marrone, Esquire, attorney for RE Grant Company, Inc., hereby certify that
I have caused a true and correct copy of the foregoing Plaintiff's Reply to New Matter to be
served by first class mail, postage prepaid, on the date set forth below, upon the following
entity/individual:
C. Grainger Bowman, Esquire
Powell, Trachtman, Logan, Carle
Bowman & Lombardo
114 North Second Street
Harrisburg, PA 17101
~~a:~ire
Dated: 19 December 2000
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