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HomeMy WebLinkAbout07-2849WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ADD ENTERPRISE, INC. 203 Redwood Street Harrisburg, PA 17109 Plaintiff, v. EDWIN C. WALTERS, 1437 Cockleys Meadow Drive Boiling Springs, PA 17007 Defendant. Attorneys for Plaint ADD Enterprise, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~3 JURY TRIAL DEMANDED TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Scire Facias in the above-captioned matter. WOOLFORD LAW, P.C. Dated: May 9, 2007 By: Timothy J. Woolford, squire Attorney I.D. 78941 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 a ~. ~~~~ sv ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ d ,~ C) ~ G C. ° ~ --~ - ' r - a ~~ ~~-. _ ~ ~. ~~~ .~: ~- .~.~ : t-: ~ ~= ; __ - ;..~ ~ . ~~ WRIT OF SCIRE FACIAS TO: Edwin C. Walters 1437 Cockleys Meadow Drive Boiling Springs, PA 17007 WHEREAS, ADD Enterprise, Inc. on January 24, 2007, filed its claim in the Court of Common Pleas of Cumberland County at Mechanics' Lien No.07-503 for the sum of 6,083.67, plus additional attorney fees, interest and cost of suit incurred thereafter for the plumbing and HVAC work performed by Plaintiff at Defendant's residence. WHEREAS, we have been given to understand that said claim is still unpaid and remains a lien against the said property. Now, you are hereby notified to file your affidavit of defense to said claim. If no affidavit of defense thereto has been filed in the Office of the Prothonotary, within twenty (20) days after service of the Mechanics' Lien Claim, this Writ of Scire Facias can be served upon you. If no affidavit of defense is filed, within said time, judgment may be entered against you for the whole claim and the property described in the claim be sold to recover the amount thereof. Costs $14.00 Pd Atty 29.00 $43.00 ~d Atty Prot notary (SEAL) $ 2.00 County Due ti O ~~ ~ l : ~~ ..~. ^I> ..~ t'i7 ~ ' j l ~..._, ~~ '~ ~. `.`I, ~ ~~ :C7 K {'~ '" • WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ADD ENTERPRISE, INC. 203 Redwood Street Harrisburg, PA 17109 Plaintiff, v. EDWIN C. WALTERS, 1437 Cockleys Meadow Drive Boiling Springs, PA 17007 Defendant. Attorneys for Plaintiff ADD Enterprise, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97-393 0 7 - ~2 Fv 9 Ccv~.! ~-. JURY TRIAL DEMANDED NOTICE TO DEFEND 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, entering a written appearance personally or by attorney and filing and 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~ t 3 WOOLFO1tD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ADD ENTERPRISE, INC. 203 Redwood Street Harrisburg, PA 17109 Plaintiff, v. EDWIN C. WALTERS, 1437 Cockleys Meadow Drive Boiling Springs, PA 17007 Defendant. Attorneys for Plaintiff ADD Enterprise, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 963 6 7- d 8 y 4 C~ ?^,~,..,. JURY TRIAL DEMANDED COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM ADD Enterprise, Inc. ("ADD"), by and through its undersigned counsel, Woolford Law, P.C., hereby files the following Complaint in Action Upon Mechanics' Lien Claim against Defendant, Edwin C. Walters ("Walters"), and in support thereof avers as follows: 1. Plaintiff ADD is a Pennsylvania corporation, having its principal place of business at 203 Redwood Street, Harrisburg, Pennsylvania 17109. 2. Defendant and owner of the fee against which the lien is filed, Edwin C. Walters, is an adult individual with a principal residence located at 1437 Cockleys Meadow Drive, Boiling Springs, Pennsylvania 17007. 3. The improvement and property claimed to be subject to the lien is the residence and property of Walters as set forth above (the "Property") 4. On or about August 7, 2006, ADD entered into a contract with Walters to perform alterations and repair damage at the Property following a flood in consideration of the Contract Sum of $4,800, subject to additions and deductions ("Contract"). A true and correct copy of the Contract is attached hereto as Exhibit "B" of the Mechanics' Lien Claim attached hereto as Exhibit "A." Subsequent to the commencement of ADD's work, the Contract Sum was increased to $6,083.67 as a result of changes and additional work directed by Walters. A true and correct copy of the Change Orders are attached hereto and incorporated herein as Exhibit "C" to the Mechanics' Lien Claim. 6. ADD timely completed its work in a good and workmanlike manner. 7. ADD's last day of work on the Property was September 27, 2006. 8. Walters is in breach of the Contract based on his failure to pay ADD. 9. Despite ADD's repeated requests and demands for payment, Walters has failed and refused to pay ADD without justification or excuse. 10. The amount due ADD is $6,083.67, together with interest as provided by law. 11. On January 24, 2007, ADD filed a Mechanics' Lien Claim with the Prothonotary of Cumberland County Court of Common Pleas, docketed to the above term and number. A copy of Plaintiff s Mechanics' Lien Claim is attached hereto, and made part hereof, and incorporated herein as Exhibit "A." 12. On February 6, 2007, the Sheriff of Cumberland County served said Claim for Mechanics' Lien upon Walters. A copy of the Sheriff's Affidavit of Service is attached hereto as Exhibit "B." 13. On February 27, 2007, Plaintiff filed with the Prothonotary of Cumberland County an Affidavit of Service. A copy of Plaintiff s Affidavit of Service is attached hereto as Exhibit "C." WHEREFORE, PlaintifFADD Enterprise, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Edwin C. Walters in the amount of $6,083.67, together with interest, cost of suit, and such other and further relief as this Honorable Court deems just, fair and proper. Respectfully Submitted, WOOLFORD LAW, P.C. g lam, Y• Timothy J. Woolford Attorney I.D. No. 7894 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 'trT',R~F1CA'i'iD~ X, fL_ Bane I3err, em the P`r~idenl of Ai56 Lnterpt~ise. lnc. hcmby verify that the statements made in the fore~;c~inl;. Complaint in Actitm LJExn Mrics' Liar (;ltun~ an: true and correct to the ben of my krmwla}ge, information and bclirl: I ~inderstaud ~~at. tic statcrnrnts in said Complaint an; made usbjeet to the penaltieti v~' 18 Pa. C.S,A. ~. 49Q4 relating to u~nswom folsii3~uern to autfiol'ifies, ~~~P~tti A _ Dane Derr ~3a~t~: ~ ~ D 7 ~xl,rb,'~- A- W w 3 vgx~ U d d 0 ~ M ~~ J V Q Y WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney LD. 78941 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ADD ENTERPRISE INC. P.O. Box 5034 Harrisburg, PA 17110 Claimant v. EDWIN C. WALTERS 1437 Cockleys Meadow Drive Boiling Springs, PA17007 Respondents ca --~.~ ` "i _ _ _ ~' T _; ~-} -- - ~- -- _ _J Attorneys for Claimant _. ~ ; -: `7 A.D.D ENTERPRISE, Inc. - c.~ - ~= .. :~, '' `~: IN THE COURT OF COMMON PLEA`S'OF~~` CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN CLAIM 1. Claimant, ADD Enterprise, Inc., ("ADD"), a Pennsylvania corporation with offices in Harrisburg, Pennsylvania, files this mechanics' lien claim as a contractor pursuant to 49 P.S. § 1503. 2. The improvement and property claimed to be subject to the lien is the residence anal property of Mr. Edwin C. Walters located at 1437 Cockleys Meadow Drive, Boiling Springs, Pennsylvania 17007 (the "Property"). 3. The fee owner of the Property is Edwin C. Walters ("Owner"). A true and correct copy of the tax assessment database record is attached hereto as Exhibit "A." 4. On or about August 7, 2006 ADD entered into a contract with Owner to perform alterations and repairs to repair damage at the property following a flood, in consideration of the Contract Sum of $4,800, subject to additions and deductions ("Contract"). The Contract sets forth the prices for. labor and materials. A true and correct copy of the Contract is attached hereto as Exhibit "B." r 5. Subsequent to the commencement of ADD's work, the Contract Sum was increased to $6,083.67 as a result of changes and additional work directed by Owner. True and correct copies of the Change Orders are attached hereto and incorporated herein as Exhibit "C." 6. ADD last performed work at the Property on September 27, 2006. 7. The total amount remaining due and owing under the adjusted Contract is $6,083.67. Respectfully submitted, WOOLFORD LAW, P.C. // sy: Uhl Ciara C. Young /~ Attorney I.D.202994' Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 2 EXHIBIT "A" Detailed Results fo r Parcel 22-3U-2664-UL6. i~ DistrictNo 22 Parcel ID 22-30-2664-026. MapSuffix HouseNo 1437 Direction Street COCKLEYS MEADOW DRIVE Ownerl WALTERS, EDWIN C C/O PropType R PropDesc LivArea 1144 CurLandVal 28840 CurImpVal 51060 CurTotVal 79900 CurPrefVal Acreage .58 CIGrnStat TaxEx 1 SaleAmt 71000 SaleMo OS SaleDa 30 SaleCe 19 SaleYr 9S DeedBkPage 00122-00793 YearBlt 1954 HF File Date 10/26/2004 HF Approval_Status A i the 2004 Tax Assessment Database http://taxdb.ccpa.netldetails.asp?id=22-30-2664-026.&dbselect=l 1 /23/2007 EXHIBIT "B" .. . „ • w ...n nn it • A.D.D. ENTERPRISE INC. P.O. BOX 5034 HARgISBURG, PA 17110 PHONE: 717-671-6929 FAX: 717-6'71-6939 CELL: 717-877-1599 ~ ~~~~ August 7, 2006 1437 Cockleys Meadow Drive Boil'~ng Springs, PA 17007 Ref: Flood Damage Dear Mr. Welters, We are pleased to quote the price of 54800.00 (four thousand eight hundred dollars and no cents) for the above referenced project. This price is based on the following items listed below: A. Disconnect existing lavatory and water closet on first floor B. Disconnect existing kitchen sink and dishwasher C. Disconnect existing water heater, Pump tank, brine tank, water softener and sulphur tank located in the utility closet D. Re-install lavatory and crater closet in same location after the general contractor has finished his hoar repair work E. Re-install kitchen sink same location after general contractor is done with flour repair work F. Re-install dishwasher at new location after general contractor is done floor repair work G. Re-install water heater, pump tank, brine tank, water soR~ener and sulphur tank at same loc~tivn (see alternate price #1 for new pump tank} after the general contractor is dare with floor repair work H. All power wiring done by others I. All cabinet and countertop work done by general contractor J. Copper pipe and fittings for water lines for new pipe insulation see Alt. Price #2 K. PVC pipe and fittings for drain lines L. New heat tape on water lines to kitchen sink M. All work to be done according to local codes N. All work to be done during normal work hours Q. Permits as required for our work P. Price is based on standard shop rates ~ ~ T ' tl t~ . tank add $420.00 (four hundred twenty dollars and no ~~ ~liternate Price #l : New pump cents} Alternate Price #2: Reinsulate all new water lines add $380.00 (three hundred eighty dollars and no cents) Terms are SO% down upon start of job and balance duel 0 days after completion and acceptance of job. Additional materials will be provided at our cost including, plus 10% overhead and 10% profit. Our labor rate for this project will be billed at a rate of $38.00 an hour. The fol{owing is an itemized breakdown of the labor and material for this project: LAl3UK MATERIAL install new hangers & supports 12 $ 80.00 00 5 Disconnect & remove kitchen sink 2 . Uisconnect & remove dishwasher 2 5.00 Disconnect & remove water closet i 5.00 Disconnect & remove lavatory l S.OU Disconnect & remove water heater 2 0.00 Disconnect & remove water softener 2 5.00 Disconnect & remove brine tank 2 5.00 Disconnect & remove sulfur tank 2 5.00 Disconnect & remove pump tank 2 0.00 *Relocate water heater temporarily 2 20.00 *Relocate pump tank temporarily 4 50.00 Store removed hems on porch 2 10.00 For re-insulation Reinstall kitchen sink 3 45.00 Reinstall dishwasher 2 25.00 Reinstall water closet 1 i 0.00 Reinstall lavatory 2 20.00 Reinstall water heater 2 20.00 Reinstall brine tank 2 20.00 Reinstall sulfur tank 2 20.00 Reinstall pump tank 4 40.00 Install new heat trace 80' ,~8 300.00 Clean up fixtures 6 25.OU 5 trips to site 44 miles each S 88.00 Supervisor 7 0.00 s 'T'his was necessary to keep the home owner supplied with hot and cold water. Labor 83 x $45.00 $3735.00 ~y~ ..::'9 +..: ~ F* •- >s . ~~ r' Material $828.00 Material 49 68 6"/o tax 677.68 Material Subtotal 87"~~ 10% overhead M ateriai Subtotal 965.45 10% Profit ~5 Total Material 1062.00 Total Labor 3735.00 4797.U0 'hank you far the opportunity to quote on this project. If you have any questions please contact me at the office or on my cell 677-1599. Sincerely, /, A. Dane Derr President Accepted 13y Date: Cc: i'irestop Solutions Y~ F 1 ~--.p.®. ENTERPRISE, INC PO 930X 5034 HARRISBURG, PA 17110 717-671.6929 FAX 717-671-6939 Shlp To: __ _ _ ED WALTERS i 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 f ---- -~- _- -Terms i . _ ...__ ------ C ~ ~ ®~ 'c+ ~'9 Number.'0491 Date: September 19, 2006 [3611 To: _. _ ..-- 1 ED WALTERS 1437 COCKLEYS MEADOW DRIVE I BOILING SPRINGS, PA 17007 Cusbornsr ~ Pro)ect FLOOD DAMAGE - ----- Descrlption DuentltylHours 6'rlcelRate Amount 'TOTAL AGREED PRICE FOR ORIGINAL CONTRACT 4,800.00 4,800.00 i i i ~f TIiIS DOES NOT INCLUDE CHANGE ORDERS I .. _ -_ Tota6 Z4,Sdd.OQ EXHIBIT "C" ~.9®.®. EWTER~RI~IE, iNC - Po eox sos4 i~ARRtSBURG, PA 17110 717-671-6929 FAX 71771-6939 Sh a. ~r... .r . _. ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 ~~~~~ Number.1618 Date: Deceee~ber 09, 2®06 ~'+„ '~--- . ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 Custotnsr # Protect Terms FLOOD DAMAGE change order . ~.®.;~. ENTERPR4SE lNG. .: ~ P.o. ~~X ~o~j ~ ~.~zr ~iIRIRRIiS81JRi~1 ~~ ~/S~® NATION A1.113SOC1FT%IN Op ' 717-671.6929 F1AX: 717-671-5339 M kE M 8N E R a~~-~~~~ rpg µv.MEI~OCaTION /~ 3'7 ~ ..... _. 1 ~/L•r v~ ~y-3 ~I.- . ~~clC lec~ S ...7~ ~c ~,~?.... _.. G'1~t1'1~.. ~- CHANGE ORDER ~v- G ~ ~-. ._ . _.. . .. .......... . . .. .. . . 7~y ~ ...... .... . _. ........ _. 9 P NOTE' Thls Chan a Ordsr becomes art of and in contormanca with the existing contract: ~~P / WE AGREE hereby to make the change(s) specified above at this price ~ $ ~~~ ~~ °r°'~ / ~ ~ ~ ! PREVIOUS CONTRACT AMOUNT $ n~u„aomzEn aNArut~~cCOraraac~) REVISED CONTRACT TOTAL $ ~ ~ ACCEPTED -The above prices and specifications of this Change Ord6r are satisfactory and are hereby Date of acceptance accepted. All work to be performed under the same terms and conditions as speclted •in original contract uniess Signature otherwise stipulated. ~owraeai ~' , ~.®.®. ~1~'T~F~i~'i~i~E, i~i~ FAO BOX 6034 HARRISBURG, PA 17110 717-674-6929 FAX717-871-6939 5n ip ~ v. ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 1 nv~ice Number.16'19 Date: D®cember {49, 2006 B6f' i ~ ~: ED WALTERS 1437 COCKLEYS MEADOW DRIVE (BOILING SPRINGS, PA 17007 Terms Customer FLOOD DAMAGE Protect change ord Q.O. BQX 5Q34 ~ ~ ~ 1 BiARRlS~UFtG. PA 1711t? N~Tm.e~~ssoa.nupor 717-671-5929 irAx:717-571.6939 nm R1:MVDeVMO WDIRiRY hi E M B E R / _ ._.. f~P4.~... ~2~v-e.~. /c~3'7 .~Ge ~l~ ys ~~ c~.~ L~ ..n.. CNAfVGE ARDER We hereby agree to make the change(s) sp®Cffled tselow: ,. .. _. ... .... .. _ _. . ...... .... . ....._ . .. . f~~G . ~~~,~ _ ..... _ _ _. _ _ ._ . . ..._. ___ .. . ~~ ..a?..3 .. ...... ....... _.__. ........ _.... . ~4_~~v~q ~-...... ...... ... . . _~ /~ ~U ~Q ~~ .... ... _ ~~ ......__... __._ _ _ . .. _ _. _ . NOTE: Thls Change Order becomes part of and fn conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price ~ ~3` ~ P' ogre 2 ~ ~ PREVIOUS CONTRACT AMOUNT $ AUTHOR D SI~NATUR6 (COMRACTOR) REVISED CONTRACT TOTAL $ ,~~E_ ~t ACCEPTED =The above prices and specifications of this Change Order are satisfactory and are hereby Date of acceptance accepted. All work to be performed under-the same terms and conditions ~s specified in original contract unless Signature otherwise stipulated, fowr,eA~ D e ~- nw~ ~~~~~~~ ' , ~ ' R 1 wAr~a~©RQ QN #~,ECHANIC$BI~RG, PA 17050-9237 (71 7) 697-0857 NET 30 DAYS `.:, `<<_. .,v;• .: ,,; ,, ~ATEOPINVO~c~ SC81737 ~ `1.0/13/08 ,8 a :.~ ..~:;~ ; A.D.D~ ENTERPRISES Il~C. _. ~~13W~N WA'l7ERS~ ~ .~ ~~' P . 0 . B4X 5034 1437 ~OC~I~I.EYS MEADOW DR .:.~ 801t~INd;.s~RYNG$ .pA.~i7a07 HARRISBURG PA 171 10 ~.. • a.,~.; ;~• •~ .; ., • . ,~- `-a` :. ._:,.,: opo~a ~ M0. F PF'ED... ' .. -. v: ';- .. . • .._ ~ ~u~r:.aai~E...... AMOUNT 1090651 10/05/0 ~'~~' ., .- ..-. •- -; a ,~~~. - ~ ~ r 67 . i 0 ~ 67 ' ~ S~ Kid ' 1 10~Q5/06 ;Supt ~ r. - _ i 5 8 ~ 1 5.8 i ~i 0/05/Oa - ~iQ'~e11oi ~ Set' ~.,~+~-.":.. ~.~ - ~ 12 ~ i 4 1 2.1 1 ~ 10~b5/08 '- EdU~itCl' S8t - .~ ` `..-•' 9.32 9.: :' 1 id/Of/96~ _ Porker ~itt~ing •Stet~' ~ 1 .34 2.f i 0/0$/08 - b-R1 nos ~ . . :~ Service herge 138.40 ~138.~ . i iQ/05/08 - Ldbbl' ~ ~~, ' ~'. ~ ' •f'r t4 . t ,~~~ r ;~ ~ ;fp~just~dy-~ c`1' im~~.~Ar~. ~~en K' ~ ~`~.d~~~ •.~ t{'. ,r.; , ~ ~+~ '1 ,rt. ~. t Al - ~N: `i.' ~' - 6 GeV J ` 'I s ' ~ s.~ ~ ~~. ~L d y.f ~4~~ t•'~1~ G0{~ t ,~ r~ Q A.®.®. ~~T~r~~~~~~, tiN~ • ~ " Po sox sash HARRISBURG, PA 17110 717x671-6929 FAX 717-871 fi939 $hlp To: ED WALTERS 1437 COCKLEYS MEADOW DRNE BOILING SPRINGS, PA 17047 Terms Descrlptlon CHANGE ORDER #3 SO 1 1~~ ~ ~~si Nurnber.162® Date: December 06, 2006 ~~~ ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 Customer # PLOOD DAMAGE QuantltylHours Protect _____-- change order PrIcelRate Amount 957.50 5759 50 ' A.Q.D. ENTERPRISE 4NC. ~T ~Ry i'.©. BOx 5x34 ~`~ 1 tiARRiSBURG, PA 171'10 PA'I'YJMAI ~ssa9AT~m'iOP MEtrygER 717-671-6923 EAK:717-~71-6939 ^'^°'~""°'~`"°'"~'~~• ... _ .. To ~' ~~L Te~.~ .. _....__.. . ~ua~b~r ANGE pRpER CH ree to make the change(s) specitted below: We hereby ag ._ .._ ... - .. l~as'~A. __ r.?erv ,~ ~C...G~ ._ _.~u~ .-. . .... ._ v .. -.- C~Qc L r.~~ . ~.. .. w~~~--...... _... _ _.. --- .. -- ~-- -~---. __ . . _ _. - . ,~ . _ . .. . . ._. . y3 ... ... ........... ~ S -- - - __. G. 7~ ._ _ .~. .--. .._ . .. ... c ,~ ~.lc ~..... Sao. cv ... .._. .. .. .. . ~- 'U ,; _ ...~~ . .-.. .. .. ..... g~Li ~.a'. ~s7. ~~/~ ~. ......... _ .. _ __ NOTE: This Change Order become6 part of and in conformance with the existing contract. nJ r J 1ME AGREE hereby to make the change(s) specified above at this price ~ ~ ~S „~~ PREVIOUS CONTRACT AMOUNT $ REVISED CONTRACT TOTAL I $ ACCEPTED -- The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under the same terms and conditions as specified In original contract unless .. -- -_ -~._..~..~...a Date of acceptance Signature (OYJNER) e r ! . PO BOX 5034 HARRISBURG, PA 17110 717-671-6929 FAX 717-671 X939 ln~r®ice Nurnber:1621 Date: ©ecember 09, 20a6 Bill To: ro: ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 Terms Customer ~ Prolect FLOOD DAMAGE change order - ' - ' A.D.D. ENYEFtPR1~E 1NC. P.O. BOX 5034 ~y TT n NARRIS6URG, PA 17110 1~ A~1• NM1T~DFA4 w650`M71DM DF 717.67 i-6929 ,FAX: 717-671-6939 M E° M B E R s~ C~r~ir~lb~r CHANGE !'ORDER We her by agree,/to make the change{s) specified below: ~ii)G ~~ ! ~ ~ Q~r~ /~fc ?~r7 . / /~._ li., ~.... ~~t,~.l1~~.,~~et.'f,...,_._...__ ._. ._ .. ,Sin 2n .............. . ii .C. / .. rk/_ : ~ . , .. . _ ~ /° 7 yv ............. _. _ ....._~ . .... _ .. _.__ ... ~~'~ ... _.. .. _ . _._.. .. ,. . _...__ . ......... .. ._ f .. ,r_.:.. _.. . Wf _. _.. S ,. .. ..__. _... ._ ._. ........... _. _. . _ ~. .. ~W~. a j/j ~ ...../~'~. ~~.~ i~ L _ ... _ ....... ..... L. '~ G ? _ _ ._._. ..._....._ .. _ _. _... v G ti ~d 7l~~ V `~!~ . G~ ~ ~ .._ _ ._ _ r~ ~u.~;•- . % __ . _... _____ .~- _ r ~-_z.__ ._._ .. __._ .. ~_ ..._ _ _ ..._ ... -.--~ ~, NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price b ~ ~~ ~ ~,y'~ ONE 1 a~ ~ c,~G ~ PREVIOUS CONTRACT AMOUNT ~ ACCEPTED -The above prices and specifications of this Change Order are satisfactory end are hereby accepted, All work to be performed under the same terms '_ and conditions as specifled 1n original contract unless otherwise stipulated. REVISED CONTRACT TOTAL ~ $ Date of acceptance Signature (OWNER) PO BOX 5034 HARRISBURG, PA 17110 717-671-8929 FAX 717-671-6939 Ship To: ED WALTERS 1437 COCKLEYS MEADOW DRNE BOILING SPRINGS, PA 17007 e11Y~1~~ Number.1622 Dam; ~ert~bet 09, 2006 Bill To: ED WALTERS 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 i d1.®.D. EhITERtsRISE IN6:. '' P.®. 0®X 5034 ~T A • HARRISBURG PA 17110 1~1 ~1~~ 71.7-fr71.6929 ~FAx: 717-671-6939 rQaa"~r a~~, M E A4 B E R .t.0 ~'_. ~~~~~s._ . . __.. ._... _ _ ._ _ hereby agree io make the ~IB~rr9~eC ~''r ~ ~ aHONE ~ - DATE ~ - .. JOS/H/NAME/LOCATiQN ~~G~ JOB NVMBER JOB F~WONE EXISTING OONTRACT Np. ~ DATH OF E7USTINQ CONTRACT CHANGE GRDER x ... ._ ~~ ~ o~e.- ~~-~~ G 3 ~ o~ul,~..iar.4L rGC.r. ...._ ____....._...__. _ __.__.._ .........._ w .. ~. ..... t. ~,... ......_...._ _. ...__. ... T_..-~---- ...----- - -- ----.._........... .p` _..._._._..____. _...._.__._._......_~f~_C........_~G~f~Ct-_ ---._ .............._ ~7U G> ~l~ . G+ NC7TE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price b $ ~ c/~ rr'~ ~ C ~ PREVIOUS CONTRACT AMOUNT $ AUTfIORILfiD 910 AE (CONiRAGTOR~ REVISED CONTRACT TOTAL $ ia~.~.cr ~ eu ~-- t ne above prices and specifications of this Change Order are satisfactory and are hereby Data of acceptance accepted. Ail work to be performed under the same terms and conditions as specified in original contract unless othervliise stipulated. Signature (OWNEF) 00503 " `~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADD ENTERPRISE iNC VS WALTERS EDWIN C TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon WALTERS EDWIN C the OWNER at 112p:pp HOURS, on the 6th day of Februar Y 2007 at 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 by handing to EDWIN C WALTERS 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 Service 18.00 Affidavit 5 28 Surcharge .00 10.00 .00 3333 288 Sworn and Subscibed to before me this __ day of So Answers: R• Thomas Kline ` 02/07/2007 WOOLFORD LAW PC By : ~~ --~ it D uty She ff A.D. f~ ~~, jb W w~ cq Ci °o ~ g I~~''® ~i v 1 J I~~¢~I ~~ • r WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Clara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ADD ENTERPRISE INC. P.O. Box 5034 Harrisburg, PA 17110 Claimant v. EDWIN C. WALTERS 1437 Cockleys Meadow Drive Boiling Springs, PA17007 Respondent AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Lancaster Attorneys for Claimant A.D.D ENTERPRISE, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-00503 P ss. c~ c~ _t ..~ f=, ts~ ~' -~ . ! rt . ___. r.__ ~. ~1 r., __.. -_~ Iv N ~.-- cr: O --~ ~~ ~ ~r T~ _n.T~ _-~t~ 3 .L =~ ~~C~ ~~ =a ~~ Pursuant to Pa. R. Civ. P. Rule 405, the undersigned, being duly sworn according to law, deposes and says that: i . I am counsel for the Claimant in the above action. 2. Pursuant to Pa. R. Civ. P. 402(a), I caused a tnae and correct copy of the Claim for Mechanic's Lien filed in the above matter to be served on Respondent Edwin C. Walters on February 6, 2007. 3. A true and correct copy of the Proof of Service completed and signed by Timothy Reitz, Cumberland County Sheriff is attached hereto as Exhibit "A" and is incorporated herein by referenced. _ ~. Clara C. Young, Esquir Sworn to and subscribed before me, this 19th day of.February, 2007. NOTARIAL SEAL ~ ~ "L/ `~L ERIN B. DONOHUE Notary Public Notary PubiiC NEW HOLLAND BOROUGH, LANCASTER COUNTY My Commission Expires Aug 15, 2009 C`) ' a' ~ ._ ~., f _ -r? ~ ~ - -;,~;, _ Y~ _ -- ~ - _ r - ~ =~;-~ --. _y+ ~,~ '7 !a °< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADD ENTERPRISE, INC., No. 07-2849 Civil Term Plaintiff v. JURY TRIAL DEMANDED EDWIN C. WALTERS, Defendant ANSWER WITH SET-OFF TO COMPLAINT AND NOW, this 5`'' day of June, 2007, comes Defendant, Edwin C. Walters, by and through his attorneys, Knight & Associates, P.C., and Gregory H. Knight, Esquire, to file the following Answer with Set-off to the Plaintiff s Complaint in Action Upon Mechanics' Lien Claim: 1. Denied. The Defendant is without sufficient information upon which to judge the accuracy of the statement made in paragraph 1 and strict proof thereof is demanded at trial. 2. Admitted and Denied. Admitted that Edwin C. Walters is an adult individual with a principal residence at 1437 Cockleys Meadow Drive, Boiling Springs, Pennsylvania 17007. Denied as to the remainder of paragraph 2 which is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 3. Admitted and Denied. Admitted that the Complaint alleges a lien against the residence and property of Walters. Denied as the remainder of paragraph 3 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 4. Denied. Paragraph 4 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 5. Denied. Paragraph 5 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 6. Denied. Paragraph 6 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Further Denied as ADD did not complete its work in a "...good and workmanlike manner." 7. Admitted and Denied. Admitted that September 27, 2006 was the last date on which ADD was on the property. Denied that ADD completed the contracted work on September 27, 2006. 8. Denied. Paragraph 8 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 9. Denied. Paragraph 9 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Further Denied as Mr. Walters had legal justification and excuse for refusing Plaintiff s demands for payment. 10. Denied. Paragraph 10 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 11. Admitted. 12. Admitted. 13. Admitted and Denied. Admitted that an Affidavit of Service was filed with the Prothonotary of Cumberland County. Denied that the Affidavit was filed on February 27, 2007. WHEREFORE, Edwin C. Walters requests that the Court enter judgment in his favor and against the Plaintiff, together with costs of suit and such other relief as the Court deems appropriate. SET-OFF 14. Answers to paragraphs 1 through 13 above are incorporated herein by reference. 15. Due to Plaintiff s negligent performance, the Defendant will incur expenses to have another plumber remove and repair the Plaintiff s defective work before that plumber can perform the work Plaintiff had agreed to do. 16. The Defendant has received a written proposal of $7,843.00 to do the work noted in paragraph 15 above. 17. The expenses to correct Plaintiffs mistakes and complete the work for which the Plaintiff was originally hired exceed the amount claimed by Plaintiff in its complaint. 18. Pursuant to Rule 1658 of the Pennsylvania Rules of Civil Procedure, the Defendant is entitled to a set-off against the Plaintiff s claim. WHEREFORE, Defendant requests that the Court enter ajudgment ofset-offin his favor and against the Plaintiff in an amount equal to any amount the Court may find is due the Plaintiff, with costs and such other relief to the Defendant as the Court deems appropriate. Respectfully Submitted: GHT & ASSOCIATES, P.C,~ ~~ tG car--- Gregory H. Kmght, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant F:\User Folder\Firm Docs\Gendocs200749068-2enswer.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADD ENTERPRISE, INC., Plaintiff v. EDWIN C. WALTERS, Defendant No. 07-2849 Civil Term JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities c~151 ~~- ~~ ~' ~~- Edwin C. Walters IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADD ENTERPRISE, INC., No. 07-2849 Civil Term Plaintiff v, JURY TRIAL DEMANDED EDWIN C. WALTERS, Defendant CERTIFICATE OF SERVICE ~l day of fib-- 2007, I, Gregory H. Knight, Esquire, hereby AND NOW, this , certify that I have this day served the following with a copy of the foregoing Answer by first class, United States Mail, postage pre-paid, addressed as follows: Timothy J. Woolford, Esquire Ciara C. Young, Esquire Woolford Law, P.C. Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, Pennsylvania 17603 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ~ ~~ Gam" ~~_- Gregory H. Knight, squire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant F:\User Folder\Firm Dces\Gendocs200T4068-Zanswer.2.wpd C? ° O C, _.,,, , c_. <~ ~,~ ~ ~ C7 ,~ y U'~ '-{CI ff`i_`; "f7 ---ri _'_-~ " ' , ~ ! ? ti ,~ ~ G'C1 ~ i .-; .. ~, ~ .;~ GJ -G N SHERIFF'S RETURN - REGULAR CASE NO: 2007-02849 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADD ENTERPRISE INC VS WALTERS EDWIN C JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon TA1~r.~r~uc ~nrarnT r the DEFENDANT at 1800:00 HOURS, on the 15th day of May 2007 at 1437 COCKLEYS MEADOW DRIVE BOILING SPRINGS, PA 17007 by handing to a true and attested copy of WRIT OF SCIRE FACIAS together with NOTICE & COMPLAINT IN ACTION UPON MECHANICS' LIEN CLAIM and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4/a ~~v 7 So Answers: 18.00 4 . 8 0 .,~ ~~,~' .~,~ t ~ ~~~~ , , ~ , ~ .00 10.00 R. Thomas Kline .00 -/ 32.80 05j16j2007 WOOLFORD LAW PC Sworn and Subscibed to By: before me this day De ty Sheriff of A.D.