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Home My WebLink About01-05338`. Y ENGLEHART TRUCKING, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. I-81 CARLISLE FUEL STOP, INC., Defendant. NO. p~- 533$ MECHANIC'S LIEN ENGLEHART TRUCHING, INC.'S MECHANIC'S LIEN CLAIM AGAINST I-81 CARLISLE FUEL STOP, INC. The claimant is Englehart Trucking, Inc., ("Englehart") with an address of 515 Iron Mine Road, Middletown, PA, 17057. 2. Pursuant to 49 P.S. § 1201(4), Englehart files its mechanic's lien claim as a contractor in this case. The owner of the property subject to this mechanic's lien claim is I-81 Carlisle Fuel Stop, Inc., ("Carlisle Fuel"). I-81 Carlisle Fuel Stop, Inc., is a Pennsylvania cotporation with its principal place of business located at 1550 Harrisburg Pike, Carlisle, PA, 17013. Carlisle Fuel entered into an agreement with Englehart wherein Carlisle Fuel agreed to pay for hauling services provided by F,nglehart. Englehart provided invoices for services rendered to Carlisle Fuel which invoices were signed as accepted by Carlisle Fuel. 6. The property subject to this lien ("building site") is described as follows: ALL THAT CERTAIN parcel of real estate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, to-wit: BEGINNING at an iron pin on the southern right of way line of the Cazlisle Pike (U.S. Route #11) (L.R. #34), said point being located and referenced 70 feet in a southerly direction at right angles to Pennsylvania Department of Transportation center line Highway Station 234+45.54; thence South 4 degrees 54 minutes 27 seconds West, a distance of 422.40 feet to an iron pin; thence North 85 degrees OS minutes 33 seconds West, a distance of 118.79 feet to an iron pin in line of lands now or late of C. F. Bucher; thence North 9 degrees 55 minutes West, a distance of 437.10 feet to a point on the southern right of way line of the Carlisle Pike (U.S. Route # I I) (L.R. #34); thence along the southerly right of way line of the Carlisle Pike (U.S. Route # I I) (L.R. #34), by a curve to the left having a radius of 11,529.19 feet, an arc distance of 60.03 feet to a point; thence continuing along the southerly right of way line of the Carlisle Pike (U.S. Route #11) (L.R. #34), South 85 degrees OS minutes 33 seconds East, a distance of 170.54 feet to the place of BEGINNING. BEING the same, more or less, but subject to all legal highways. BEING the same premises which Dennis D. Willey, by Deed dated 1/8/99 and recorded in Cumberland County Deed Book 192, page 620, granted and conveyed unto I-81 Carlisle Fuel Stop, Inc. Englehart provided services to Carlisle Fuel on the following dates: May 25, 2001; May 31, 2001; June 7, 2001; June 8, 2001; June 9, 2001; and, June 10, 2001. The value of these services provided is $4,378.50. To date, Carlisle Fuel has failed and refused to pay Englehart for the services provided. Representatives of Carlisle Fuel directed Englehart to perform hauling services for Carlisle Fuel. Date: Q~ L Respectfully submitted, 'BRIEN, BARK & SCH David A. Baric, Esquire ID # 44853 17 West South Street Carlisle, PA 17013 (717)249-6873 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Englehart Trucking, Inc.'s Mechanics Lien Claim Against I-81 Carlisle Fuel Stop, Inc. are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ENGLEHART TRUCKING, INC. BY:~~. ~ ~vr, a~o~ davefli[igation/Englehart.truckinghnechanics.com __ e ~~~~ c-> ce ~~ ~ - ~ ~ Cif ~ 1 --- ill".' -s3 - -- ~ - ; ~ _ L r` ...~.. ~V ' ~ f1 ji l..) ~I G L. __ ~, , i~(A W Ri t= ; -G{ .7 -G .C "-~{ r ENGLEHART TRUCHING, INC., Plaintiff v I-81 CARLISLE FUEL STOP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol - 5338 MECHANICS LIEN PRELIMINARY OBJECTIONS Defendant, I-81 Carlisle Fuel Stop, Inc., by its attorneys, Broujos & Gilroy, P.C., sets forth the following preliminary objections: 1 Pursuant to 49 P.S. §1505, Defendant I-81 Carlisle Fuel Stop, Inc. files herein preliminary objections to the entry of a mechanics lien in the above captioned matter. 2 Plaintiff has failed to conform with the Mechanics Lien Law of 1963, 49 P.S. §1101, et seq. for the following reasons: A. The type of work performed by Plaintiff was not incidental to the "erection, construction, alteration or repair" as those terms are defined at 49 P.S. §1201 and, therefore, Plaintiff cannot impose a mechanics Tien against the mentioned real estate for the work Plaintiff performed. B. Plaintiff did not have any contractual arrangement with the Defendant. Plaintiff was asub-contractor with respect to all work done at Defendant's property. In its status as asub-contractor and assuming for purposes of this sub-paragraph that the work Plaintiff performed is appropriately the subject ~a. G of the entry of a mechanics lien, Plaintiff is in violation of 49 P.S. §1501(A) and 49 P.S. §1501(B) based upon Plaintiffs' failure to provide preliminary notice on or before the date of completion of its work or the thirty day notice prior to filing this lien. Plaintiff never provided invoices for services rendered to Defendant. Plaintiff did provide what appeared to be acknowledgments of the time Plaintiff started work at Defendant's property and the time Plaintiff ended work at the Defendant's property and a representative of Defendant did merely sign those documents to acknowledge Plaintiff was at the property for the stated time. Said documents did not contain any stated price or any terms of a contractual relationship. WHEREFORE, Defendant requests your Honorable Court to dismiss the mechanics lien entered in the above referenced matter and to mark said lien as strickened. Respectfully submitted, Hilbert X. Gilroy, squire Attorney ffor Defen ant Broujos & Gilroy, .C. 4 North Hanover treet Carlisle, PA 1701 (717)243-4574 Supreme Court ID No. 29943 n c~a o -- -„ ~n -~ ~,~: -~ z a_; r,, _':-r, - ~ Cr;1 % -~ ~- t~ : ~ ` ..T4 C `r ""E7 ' ~~ s_ - ~~ ~ :CJ ~ ^~ V • "~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENGLEHART TRUCKING VS I-81 CARLISLE FUEL STOP INC JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon I-81 CARLISLE FUEL STOP INC OWNER the at 1550:00 HOURS, on the 14th day of September, 2001 at 1550 HARRISBURG PIKE CARLISLE, PA 17013 by handing to ARSH GREWAL MANAGER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this / ~/ ~- day of ~~2y*-~.i o7de f A . D . Prothonotary So Answers: ~~~~ ~~ R. Thomas Kline 09/17/2001 OBRIEN BARK & SCHERER By: eput S rif r' ENGLEHART TRUCKING, INC., Plaintiff, v. I-81 CARLISLE FUEL STOP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5338 MECHANIC'S LIEN PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the judgment entered in the above-captioned action on September 12, 2001, as having been satisfied.. Respectfully submitted, . /J David A. Baric, Esquire Date: August ~~O , 2002 ENGLEHART TRUCKING, INC., Plaintiff, v. I-81 CARLISLE FUEL STOP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5338 MECHANIC'S LIEN CERTIFICATE OF SERVICE I hereby certify that on August IG , 2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the PRAECIPE TO SATISFY by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy Four North Hanover Street Carlisle, Pennsylvania 17013 ~,o~/~ David A. Baric, Esquire dave/litigation/Englehart.tracking/satisfaction.pra ~~ ~~ ~ ~ ~ c ~, ~ ~ ~ ~, -=. ~"_ ~ - pjW' ~ ~ 1,L1 l' n. ~ X~ C: ~.~~ ~~i ~I 1 Y'-y-] .~ i ~ '1X7`_J l C~ -C