HomeMy WebLinkAbout07-31904
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Claimant OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Owner NO. 67- 31g6
MECHANIC'S LIEN CLAIM
AND NOW comes the Claimant, Hershocks, Inc. ("Hershocks"), who, by and
through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and
Beckley & Madden, of Counsel, files this Mechanic's Lien Claim, and in support thereof,
avers as follows:
1. Claimant, Hershocks, Inc., is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania with a business address of 3501 North 6 h
Street, Harrisburg, Pennsylvania 17110. Hershocks is filing this claim as a subcontractor
under the Mechanic's Lien Law of 1963. 49 P.S. § 1101 et seq.
2. The record owner in fee of the Property subject to the lien is Dolan & Fromm,
a Pennsylvania General Partnership, consisting of Lawrence P. Dolan and Norman H.
Fromm, which, upon information and belief, is a Pennsylvania general partnership
consisting of Lawrence P. Dolan and Norman H. Fromm, which has a business address of
54 Pine Ridge Circle, Enola, Pennsylvania 17025.
3. The date on which Hershocks completed the work for which this claim is being
made was November 29, 2006.
4. Hershocks served as a subcontractor to Martin Lichtenberger who trades and
does business as Country Lane Builders, the general contractor.
5. The amount claimed to be due is $29,455.00 and is for the following labor and
materials:
Glass portion: Materials $13,216.00
Labor $ 5,234.00
Overhead doors Materials $8,247.00
Labor $2,748.00
Total owed: $29,455.00
A true and correct description of the work Hershocks performed is incorporated herein,
made a part hereof, and attached hereto as Exhibit A.
6. Hershocks served its formal notice of intent to file a mechanic's lien claim on
April 26, 2007. A true and correct copy of the notice is attached hereto as Exhibit B.
7. The improvement and property claimed to be subject to the lien is the real
property (including all improvements thereon) located at 2050 State Road, Camp Hill,
Pennsylvania 17011. A true and correct copy of the deed to the property subject to the
lien is incorporated herein, made a part hereof, and attached hereto as Exhibit C.
2
WHEREFORE, Claimant, Hershocks, Inc., claims to have a lien upon the
premises herein described in the amount of $29,455.00, plus interest, costs of suit and
such other and further relief as the Court may deem appropriate.
DATED: May 29, 2007 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN .
212 North Third Street Thomas A. Beck ey, E uire
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998 c?
(717) 233-7691
Thomas S. Beckley, Esquire
Attorneys for Claimant
Hershocks, Inc.
3
VERIFICATION
4 Paul Whipple, hereby verify that I am an adult individual, that I am t1w Chief
Operating Officer for Heishocks. Inc., that I am authormd to make this statement on
behalf of Hershocks, inc., tW I have read the foregoing document, and that the facts set
forth in the foregoing document are true to the best of my knowledge, information and
belief. 1 understand that false statements herein are made subject to the penalties of 1 g
Pa.C.S. § 4904 relating to unmoor falsification to authorities.
Heishocks, Inc.
By:
Paul Whipple, -&-sting
Officer
4
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sear r?1oeffi sbmn litrpl 9, anNr ?r?v (7171235-Ml - FGX (TM 4*f-Z r
Ai"CNIs Yletln !?, ,?.
We propose 1o furnish and Instal:
Two (2)14'-0" wide by d'-V high h4rizo V! I sliding doors in an oxxo c0fturatlon oTeoting
approx. triable opining of T..p" is 0* oenter of the doors for ft side stfvadon of the new
ackworr, also included wdl be two (2)16'-0",Wlde by 1 C -C high aiuMIntgn garage doors Wft
total lass panels for the rear of the buiIng--the new garage doors wNI be designed
to MOW the k teripr rod line M lieu a 80 degree MWm VAWL Two *qle pawtope doors wM
be atrpprw and in used at V* 0 ing wall to the fRla+t M bukgpg, the ere door wiN bra a .
.T4rx't'r4r coin" *MV door w'M rdd oVdihesd crow arty nwxhum amrky look
and push / p,Al hardware the cow wIN to s X-V x W4r s ogle a0tlrlg door with panic
hardware and a surface appbd Located above the adding doom *3 be four (4)
trapezoid shaped wind" undo to Poll the Mop* of the roof. An material wm be suppllad In a
dear onadb frrll< WI M dear ihsul glass CeuIWq of our work Is kmWed. ,
AM ffor'Me sum of............... .........:............................_...__._.....5 Zq r? -
Replay the two alidinq doors with a ing door option, now option w r? W-Q" wide
frame ir+oluding ore pak of 7'-8" wide 1r-0" high slur llaquai OWN" an. alow
We wiftr doors having a 1'-0" high tra arr? g P. Door hardwwe win i i"t pemia
hardware and yweaftring-note. to 180 degrees aliowtng doors to ba Aft
opening dtMurr of ulldnp of o wwvrk is tnduded. (Glarege doors lied
above r weA Dora PMSW. in tlhis 1 and fixed trwpizold window units are also ipdcrded
?r tho sum of.............:............ ..........................? ,aQ
oars Am.q.a toes 5. HMNOM, qIR
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BECKLEY&ZVjADDEN
ATToRNEYs AT I.Aw
CRANBERRY COURT
812 NORTB TRntn gmos wn
POST ONCE Box 11998
PRONE: 17171833-7691 HARMSEURG RMNNSYLPANIA 17108-1998
FA %: (717) 833-3740
E-MAm: b-J&y@p&net
FILE NO.
27585
April 26, 2007
Dolan & Fromm VIA FIRST CLASS AND CERTIFIED MAIL
54 Pine Ridge Circle
Enola, PA 17025-3404
RE: 2050 State Road, Camp Hill, Pennsylvania 17011
Dear Mr. Dolan:
This office represents Hershocks, Inc. ("Hershocks" ). Hershocks served as a
subcontractor to Country Lane Builders. As you know, Hershocks supplied and installed
new aluminum and glass garage doors, and furnished and installed new swing and sliding
doors at the deck area on your property located at 2050 State Road, Camp Hill,
Pennsylvania. We have attached a copy of Hershocks' scope of work for the project.
Hershocks' completed its work on November 29, 2006.
At this point, Hershocks is owed the principal amount of $29,455.00 for its work
on the project. This letter constitutes Hershocks' formal notice of its intent to file a
mechanic's lien claim on the above-referenced property. Please let this matter have your
immediate attention.
Very truly yours,
BECKLEY & MADDEN
Cc: Country Lane Builders (w/encl.) Thomas S. Beckley
Larry Dolan (w/encl.)
Hershocks, Inc. (w/encl.)
L.N. Pazzo, Inc. (w/encl.)
The Brewhouse Grille (w/encl.)
WJ f LY/ iG
'i
- --- .SRr?R?nu?rt? rAl?t
Morrow
a rm-54-TWOM 17119 (M)230-7331 -Fnt("7)4"-ZM
A7"I'MS NE r
CRATE
We propane to funIsh and install:
Two (2)14'-0" wide by g'-0" high hoNzartaI aiding doors in an om cdn fttnOn =Vve
approx. useable opening of T. V In I * Cantor of the doors for ft side R1eYai m ow
adducer, ata0 included will be two (2)16'-0" ulnas by 10'-0" high a.finhn" owe" doors "m ?
torsi glass panels f6f do rerxr of the bu§Mng--On new garage doors wM be deskpad
10 follow #0 rote dyr roof IN1e hn80 d8WW YMM VIOL TWO single pesnage doors will
be nupplied and b7staged at the adjoi All,
g wail to tine wdsft twWir+p, the ens door wS bm a .
3-4rx-6x•11 double ae ft door wft a "fed 6060i6w d'oser and rneidrnarn sevA* Mode
and push / pull hsrdwara the other VAN be a $'-0" x 6'4r sk1gle mcft door wild IaaNe
hardware and a surface applied . Lobatcd'abow the skiing doom *i l be four (4)
trapezoid shaped window uni#d to fo0 fw sbape of the roa Ali rt'rrba W wM be Supplied in e
dear anodized fmish with dear ihsul gW *& Caulidng of our work is Included.
A for'the sum of ................................. ........ .......................... 5 2,6114,W'
ROPlacs the two sliding doors n ing door option, near option wl?j,?-off 41-V wide
frarTre it ludinp one pair of 7'-8" wide s"-0" high swin equal Mel" on. either
side wLdoom hsving a 11-0" high om I s. Door hardme wig kWo parnic
hardw+weatitrring•-Hobe: to 180 depress aik wing doom to bt fully
opening hoots of Pdnp of ourwork Is included. (Garage doers hawed
a o as passage' ieors eW fixed t wuald window unite arc also included
i,n rthesumof.......,......:... ......... ........................x41 zS164
oars ric"Oftd F 5. Ht?nrooKS,
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DEED
PARCEL #: 13-22-0536-043
This indenture, made the 3rd day of June, in the year two thousand five (2005),
cV Between
LL; L 1
?4 r, E IRON KETTLE, Inc., a Pennsylvania Corporation, of Lower Allen Township,
ct Cumberland County, Pennsylvania
G
t
,
ran
or
ccz <_
i u =•: -' CD
and
a W =
J Dolan & Fromm, a Pennsylvania General Partnership, consisting of Lawrence P.
' Dolan and Norman;1j
F
,
romm, Grantee
Witnesseth, that the Grantor, for and in consideration of the sum of Four Hundred
Twenty Three Thousand and N01100 ($423,000.00) Dollars, lawful money of the United
States of America, unto it well and truly paid by the Grantee to the Grantor, at and before
the sealing and delivery of these presents, the receipt where of is hereby acknowledged,
has granted, bargained and sold, released and confirmed, and by these presents does
grant, bargain and sell, release and confirm unto the Grantee, its successors and assigns.
ALL THAT CERTAIN lot or Parcel of land situate in the Township of Lower Allen,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded
and described as follows, to wit:
BEGINNING at a railroad spike in the center of the Harrisburg-Gettysburg State Road; at
the division line of property herein described and property of or formerly of Gulf Oil
Corporation adjoining on the East; thence along the center line of said State Road South
50 degrees West 120 feet to a point; thence along lands of or formerly of Emanuel
Bucher North 15 degrees 23 minutes West 434.88 feet to an iron pin on the line of lands
of or formerly of the Pennsylvania Railroad Company; thence along said Railroad
Company lands North 78 degrees 30 minutes East 109.3 feet to an iron pin on the line of
lands of or formerly of Gulf Oil Corporation; thence along said lands of or formerly of
Gulf Oil Corporation South 15 degrees 23 minutes East 377.5 feet to the point and place
of BEGINNING.
HAVING thereon erected a two-story masonry building and a one-story frame storage
building, being known as 2050 State Road, Camp Hill, Pennsylvania
LESS AND EXCEPT the portion thereof containing 1,831 square feet conveyed by the
Grantor herein to the Commonwealth of Pennsylvania, Department of Transportation, in
a deed dated May 11, 1998, which Deed is recorded in and for Cumberland County,
Pennsylvania, in Deed Book 179, Page 232.
269
BEING the same premises, less and except the portion thereof conveyed to the
Commonwealth of Pennsylvania, Department of T
conveyed to the within Grantor by a Deed from S. Richard Weigle and Helen 'L. Weigle
his wife, dated July 1, 1970, which Deed is recorded in and for Cumberland County,
Pennsylvania, in Deed Book R23, Page 775.
UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and
agreements of record.
TOGETHER with all and singular the buildings and improvements, ways, streets, alleys,
passages, waters, water-courses, rights, liberties, privileges, hereditaments and
appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and all
the estate, right, title interest, property, claim and demand whatsoever of them, the
Grantors, as well at law as in equity, of, in and to the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described,
messuage or tenement thereon erected, hereditaments and premises hereby g the
mentioned and intended so to be, with the a ranted, er he or
personal representatives and assigns, to and oP theenaon?ces' unto the Grantee' her heirs,
use and behoof of the
Grantee, her heirs, personal representatives and assigns, forever.
AND the Grantor, for its successors and assigns, does covenant, promise and agree, to
and with the Grantee, its successors and assigns, by these presents, that it, the Grantor, its
successors and assigns, all and singular the herditaments and premises hereby
mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors
rs
and assigns, against it, the Grantor, its successors and assigns,
person and persons whomsoever lawfully claiming or to claim the same alolr and any every
thereof, by, from or under it, shall and will, Subject as aforesaid, WARRANT
DEFEND. and forever
In witness whereof, the Grantor has hereunto caused this Deed to be executed by
its President. Dated the day and year first above written.
Sealed and Delivered
in the Presence of:
IRON KETTLE, INC., a Pennsylvania
Corporation
By: Nanc . Beshore, President
900X 269 ?ArE11,n,0
Certificate of Residence
I hereby certify that the precise residence of the Grantee herein is as follows:
SH PNE k106E ORCL-f-
ENa(,A PA 170.?5_ 3` o&i
A htlerney for Grantee
Acknowledgement
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF U A V PH lnJ ss
On lily JU N f 3 )o05before me a not
Commonwealth of Pennsylvania, the undersigned
., officer a ?onall blic in and for the
Beshore, President of Iron Kettle, Inc , P y appeared Nancy L.
known to me (or satisfactorily proven) to be the
Person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
GkAQ4?- C _
Notary Public
..._r_. .
NOTAMAL SEAL
C S?LWfflMp.,0ai?pNoWllkiyPublc
MY TExpresdwle2p005
67
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,,JUN-14-2007 THU 11:30 AM Beckley & Madden
FAX NO. 7172333740
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Claimant Or CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MECHANIC'S LIEN CLAIM
DOLAN & IyROMM, a Pennsylvania
General Partnership, consisting of :
Lawrence P. Dolan and Nonnan H. Fromm,
Owner NO. 07-3190 -Civil Term
AFFIDAVIT OF SERVICE OF NOTICE
1, Richard Smith, being duly sworn according to law, depose and say as follows:
1. I am an adult individual employed as a Deputy Sheriff by the Cumberland
County Sheriff s Office, Carlisle, Pennsylvania;
2. On June 4, 2007, I served a Notice of Mechanic's Claim upon Lawrence P.
Dolan, in the following manner: by handing a copy to Toni Dolan, his wife, at the
following address: 54 Pine Ridge Circle, En.ola, Pennsylvanial 7025.
Sworn to and subscribed before
me this 1 ---day of
June, 2007
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro. Cumberland County
My Commission Expires April 4, 2009
C l ?-- ,
P. 04
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011-2700
DATED: June 19, 2007
Thomas S. Beckley, Esquire
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JUN-14-2007 THU 11:31 AM Beckley & Madden FAX NO. 7172333740 P. 05
V
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Claimant : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. :
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Owner : NO. 07-3190 - Civil Term
AFFIDAVIT OF SERVICE OF NOTICE
I, Richard Smith, being duly sworn according to law, depose and say as follows:
1. 1 am an adult individual employed as a Deputy Sheriff by the Cumberland
County Sheriff s Office, Carlisle, Pennsylvania;
2. On June 4, 2007, I served a Notice of Mechanic's Claim upon Norman H.
Fromm, in the following manner: by handing a copy to Rachel Stahl, Bartender, Adult in
Charge, at the following address: 2050 State Road, Camp Hq, Per
,Rsylvania 17011.
Sworn to anlif scribed before
me this I day of
June,2007
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro. Cumberland County
My Commission Expires April 4, 2009
Ri Aard Smith
l?
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011-2700
DATED: June 19, 2007
Thomas S. Bec cley, Esquire
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,'JUN-14-2007 THU 11:30 AM Beckley & Madden
FAX NO. 7172333740
IERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Claimant OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. ;
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Owner NO. 07-3190 -Civil Term
AFFIDAVIT OF SERVICE OF NOTICE
I, Richard Smith, being duly sworn according to law, depose and say as follows:
1. T am an adult individual employed as a Deputy Sheriff by the Cumberland
County Sheriffs Office, Carlisle, Pennsylvania;
2. On June 4, 2007, I served a Notice of Mechanic's Claim upon Dolan &
Fromm, in the following manner: by handing a copy to Toni Dolan, adult in charge, at the
following address: 54 Pine Ridge Circle, Enola, Pennsylvania 17025.
/?L_
Ric d Smith
Sworn to ands bseribed before
me this 1 day of 9 UA-t,
June, 2007
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro. Cumberland County
W Commission Expires April 4, 2009
P. 03
A
I ,
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011-2700
DATED: June 19, 2007
Thomas S. Beckley, Esquire
cn
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7
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERSHOCKS INC
VS
DOLAN & FROMM ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
DOLAN & FROMM the
OWNER , at 1255:00 HOURS, on the 4th day of June
at 54 PINE RIDGE CIRCLE
ENOLA, PA 17025 by handing to
TONI DOLAN, ADULT IN CHARGE
a true and attested copy of MECHANICS LIEN CLAIM
NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
14.40
.00
10.00
.00
42.40
So Answers:
aZ-
R. Thomas Kline
06/05/2007
BECKLEY
Sworn and Subscibed to By:
before me this day
of A.D.
2007
SHERIFF'S RETURN - REGULAR
s CASE NO: 2007-03190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERSHOCKS INC
VS
DOLAN & FROMM ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
DOLAN LAWRENCE P the
OWNER , at 1259:00 HOURS, on the 4th day of June 2007
at 54 PINE RIDGE CIRCLE
ENOLA, PA 17025
by handing to
TONI DOLAN, WIFE
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
41?sl6fi L?,
6.00
.00
.00
10.00
.00
,/ 16.00
Sworn and Subscibed to
before me this
of
day
So Answers:
r'
R. Thomas Kline
06/05/2007
BECKLEY & MADD
By:
Pej?uty Sheriff
A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERSHOCKS INC
VS
DOLAN & FROMM ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
FROMM NORMAN H the
OWNER , at 1330:00 HOURS, on the 4th day of June 2007
at 2050 STATE ROAD
CAMP HILL, PA 17011 by handing to
RACHEL STAHL, BARTENDER, ADULT IN CHARGE
a true and attested copy of MECHANICS LIEN CLAIM
NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 14.40
Affidavit .00
Surcharge 10.00
00
30.40
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
06/05/2007
BECKLEY & MADDE
By.
eputy Sheriff
A. D.
r`
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. :
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Defendant NO. 07-3190 Civil Term
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 any other claim for relief requested by the
Plaintiff. You may lose money or property or other right 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.
IF YOU DO NOT HAVE A LAWYER CONTACT:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone Number (717) 249-3166
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Defendant NO. 07-3190 Civil Term
COMPLAINT IN ACTION UPON MECHANIC'S LIEN CLAIM
AND NOW comes the Plaintiff, Hershocks, Inc. ("Hershocks"), which, by and
through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and
Beckley & Madden, of Counsel, files this Complaint in Action Upon Mechanic's Lien
Claim, and in support thereof, avers as follows:
1. Plaintiff, Hershocks, Inc., is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania with a business address of 3501 North 6 h
Street, Harrisburg, Pennsylvania 17110.
2. The Defendant is Dolan & Fromm, a Pennsylvania General Partnership
consisting of Lawrence P. Dolan and Norman H. Fromm, which has a business address of
54 Pine Ridge Circle, Enola, Pennsylvania 17025.
3. The name and address of the contractor with whom Hershocks contracted is
Martin Lichtenberger who trades and does business as Country Lane Builders and has an
address of 150 Pine Knob Road, Newville, Pennsylvania 17241.
4. Hershocks filed a mechanic's lien claim in the Court of Common Pleas of
Cumberland County, Pennsylvania as of 2007 Term, 3190, a true and correct copy of
which lien is incorporated herein, made a part hereof, and attached hereto as Exhibit A.
WHEREFORE, Plaintiff, Hershocks, Inc., respectfully requests the Court to enter
a judgment in its favor, and against the Defendant, Dolan & Fromm, a Pennsylvania
General Partnership consisting of Lawrence P. Dolan and Norman H. Fromm, in the
principal amount of $29,455.00 plus interest, costs of suit and such other and further
relief as the Court may deem appropriate.
DATED: October 1, 2007 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
Ali-zt L, ? / _
212 North Third Street Thomas A. Beckle squire
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691 _
Thomas S. Beckley', squire
Attorneys for Plaintiff
Hershocks, Inc.
2
17y/ltll'lbb! 12: Jb ti N411yb8 HER5HUGK5 PAGE 06!06
VERI>N'ICATION
1, Dwayne Weaver, hereby verify that I aw an adult individual; that I am the Chief
Operating Officer of Hershocks, Inc.; that I aim authorized to make this smtement on
behalf of Hershocks, Inc.; that I have read the foregoing docuzx ens and that the facts set
forth in the foregoing document are true to the best of my knowledge, information. and
belief. I understand that false statements herein are made subject to the peAalties of 18
Pa.C.S. § 4904 relating to unswom, falsification to authorities.
H ocks, Inc.
By: 0-0? ??W,
Dwa Weaver,
Chief Operating officer
HERSHOCKS, INC.,
V.
IN THE COURT OF COMMON PLEAS
Claimant OF CUMBERLAND COUNTY,
PENNSYLVANIA
: MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Owner
CTI
Q- t7)
''= N Cirn
AND NOW comes the Claimant, Hershocks, Inc. ("Hershocks"), what bye d
through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and
Beckley & Madden, of Counsel, files this Mechanic's Lien Claim, and in support thereof,
avers as follows:
1. Claimant, Hershocks, Inc., is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania with a business address of 3501 North 6"
Street, Harrisburg, Pennsylvania 17110. Hershocks is filing this claim as a subcontractor
under the Mechanic's Lien Law of 1963. 49 P.S. § 1101 et seq.
2. The record owner in fee of the Property subject to the lien is Dolan & Fromm,
a Pennsylvania General Partnership, consisting of Lawrence P. Dolan and Norman H.
Fromm, which, upon information and belief, is a Pennsylvania general partnership
consisting of Lawrence P. Dolan and Norman H. Fromm, which has a business address of
54 Pine Ridge Circle, Enola, Pennsylvania 17025.
3. The date on which Hershocks completed the work for which this claim is being
NO. 07-3196 L71?L n ?9 o
C
MECHANIC'S LIEN CLAIM
made was November 29, 2006.
4. Hershocks served as a subcontractor to Martin Lichtenberger who trades and
does business as Country Lane Builders, the general contractor.
5. The amount claimed to be due is $29,455.00 and is for the following labor and
materials:
Glass portion: Materials $13,216.00
Labor $ 5,234.00
Overhead doors Materials $8,247.00
Labor $2,748.00
Total owed: $29,455.00
A true and correct description of the work Hershocks performed is incorporated herein,
made a part hereof, and attached hereto as Exhibit A.
6. Hershocks served its formal notice of intent to file a mechanic's lien claim on
April 26, 2007. A true and correct copy of the notice is attached hereto as Exhibit B.
7. The improvement and property claimed to be subject to the lien is the real
property (including all improvements thereon) located at 2050 State Road, Camp Hill,
Pennsylvania 17011. A true and correct copy of the deed to the property subject to the
lien is incorporated herein, made a part hereof, and attached hereto as Exhibit C.
2
WHEREFORE, Claimant, Hershocks, Inc., claims to have a lien upon the
premises herein described in the amount of $29,455.00, plus interest, costs of suit and
such other and further relief as the Court may deem appropriate.
DATED: May 29, 2007 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 North Third Street Thomas A. Beckley, Enquire
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998`
(717) 233-7691 ---z - J
Thomas S. Beckley, Esquire
Attorneys for Claimant
Hershocks, Inc.
3
I, Paul whippie, hereby verify that I am an adult individual, that I am the Chic
Operating Officer for Hershocks, Inc., that I am authorized to make this statement on
behalf of Hersho&9, Inc., that I have read the foregoing document, and that the facts set
forth in the foregoing document are true 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. § 4904 relating to unsworn falsification to authorities.
Hershocks, Inc.
By: LUL.
Paul Wbipple, C ' gating
Officer
4
Z0/Z8 39Vd S>IDDHSa3H 896ZTVOLTL 9T:9T L00Z/SZ/90
.
,r•, t
Air
VATS
AM ZMH
a We propose to furnish and instep:
OFFER
J? W. Bnl+rh0? ERA _
?ulldlsa?,??,
_amalki Wm ?
AM NWft.
Two (2)14'-0" wide by W.0" hip hoelzontal si'rding doors in an o=a C.dMigura4 0n Wegling
oppm. useable 0*ing of T..4" in the venter of the doors for ft eid4 elevAm of 6e new
addMm-, slab i ftluded will be taro (2)16'-0" VAde by 10'-V high aCurninurn pampa does ----
total giaaa pants for the real SWvmW ar the buiidMg-the new gsragd doors wM be des"
to 6oMvw interim' row 1R>d i line a 80 degree VbWm VAdL Two ilngli pamage doors VA
ti0 auppt`at8d grid ina?llod at the sdjoi ing wolf to"wcMm t>uWing. the ane door wN b6 a .
3'.d"x'd'8" double adtng door wigl d 1 0'0--' Clow and ynimmirn aeoutllyr Mode
and push / pull hardware the other wip the a 31-100 X V4r *gte acting door Whh' park
hardwares and a guffaw applMQ Located above the sing doors"be four (4)
trapazoid shaped wmdbw units to fall the W*M of Ow roof. All erlate W will be suppllad In a
dads anodized finish with dear ihsufa?ed glass. Caulldng of our work is Mncludod.
All for'the sum of ........................:...............»........................5 2A 1VW`Replace the two 3110V doors with a
frame ilududing one pair of 7'-W wide
side wild doors having a V-0" high tta
herd Im and firing`-note:
opening duly hour: of W"T . C
above as well as 1
In this
...................--
An fvr tho sum of.._.
HMNOMMI INC.
Mao_%Wft4 =*MA r
ibhMl.glA.r•p11M. /l?Ih.{N?fM..+M iMdlo!!?e !!/rVSl?/ Vr 1MlM11NNCormiuw4mam-:; .l.Y.
1111???rNlawl?ry7M1?/NMw?r?ryMMw?i!/nMMp?1?1M?W?M TM? I?WI?Iy'YKCr?MwwM111MIw?rM?
.j???w.rrM?MW?i??11WM1??! Yllelayr/l??yM?.:!'/MMN,
syaar?4/4"WOWW"11bar wlelRNfrafYIM1MK.
ig door option, new option wA A 14'-V wide
r-W NO swi equal Smotes on alt w
m? g re 6oua. boor hardware will itrM9 panic
to 1$0 agrees allowing doors to bt (oily
ev of ourwark is Inducted. Parsas doors listed
rs and timed t wp*zoid window unto are also inducted
.........................,fir ?1QQ?
mwMgW 6!P?1JraaPmmoM7Nlr! a!ilEbTOM{Te0EAE?ItM?!
BECKLEY& MADDEN
ATToRwRys AT Lew
CAANRTIRRY COURT
212 NORTH THIRD STREET
POST O"Icz BO% 11988
HARRISBURG, PENNSYLVANIA 17108-1998
PHONE: 4717) 839-7691
FAX: 4717) 839-3740
z-mAm-. bed&-y@pa.net
April 26, 2007
FILE NO.
27585
Dolan & Fromm VIA FIRST CLASS AND CERTIFIED MAIL
54 Pine Ridge Circle
Enola, PA 17025-3404
RE: 2050 State Road, Camp Hill, Pennsylvania 17011
Dear Mr. Dolan:
This office represents Hershocks, Inc. ("Hershocks"). Hershocks served as a
subcontractor to Country Lane Builders. As you know, Hershocks supplied and installed
new aluminum and glass garage doors, and furnished and, installed new swing and sliding
doors at the deck area on your property located at 2050 State Road, Camp Hill,
Pennsylvania. We have attached a copy of Hershocks' scope of work for the project.
Hershocks' completed its work on November 29, 2006.
At this point, Hershocks is owed the principal amount of $29,455.00 for its work
on the project. This letter constitutes Hershocks' formal notice of its intent to file a
mechanic's lien claim on the above-referenced property. Please let this matter have your
immediate attention.
Very truly yours,
BECKLEY & MADDEN
: -3 ?_;; i ? i ??_
Thomas S. Beckley
Cc: Country Lane Builders (w/encl.)
Larry Dolan (w/encl.)
Hershocks, Inc. (w/encl.)
L.N. Pazzo, Inc. (w/encl.)
The Brewhouse Grille (w/encl.)
r (?
i ,
rr/1TE
ant ZIWII
We propose t4 ftrnish and install:
r
TWO 0) 94'-0" wide by WO high hoftw tai or doors in altl o?oco coraflguratlon cuing
approx. Useable op&*q of r-V in ow oanter of the doors for the side elevAM of the new
addltion; aM inolWed wAE be two (2)16'-0" wide by 10'-0" high ifurhinurn garage dons with
total glass panels for tlw rear of the Dining- the new Aarage doors wilt ba deegned
to k&W ft k t dw roof line ht ja 90 degree MWrn !tugs. Two single peerage doors v A
as aippiied aid h?sti IW at the ado ing wail to tha @Wv ing buldog, the one door will bm a .
S'-a"k 8r4r deubb acft door wO d 6 hmd closer and tna?clrraum VOOA Y bolo
and push / pull hardware the other will be a TO x 6'-a" sinqW soft door wi h pafdo
hardware and a suftM applied .Iodated above the si'ding doors will be four (4)
trapezoid shaped window unb to full the slope of the roof. All rtteliat will be supptiad In a
door anodized finish with ?r iheul glass. CaulMng of our work is kw*jdsd.
Ail far the sum of.......,............ •...:...
Replace the two alidino doors with a
frame i W'Wing one pair of 7'-W wide
side with doors having a 11-0" high tra
hardware and weath*+g•-note: do?
opening dwf1p hours of o gaeiet . C
above ae vveA as pOIL"Qa: i
in this o
_vrii a 14'-0" wkla
ig door op#on, new option
$"-0" high swin w vlRl?aqusl sidd nn. eitt?r
un 9% . boor hardware will irwlude panic
to 180 depraves allowing doors to bt Abby
king of our work is Included. (Oaraga doors fisted
rs and Amd trep*told window units are Zko InGctded
fortl'+asumof .......................... I...........__._............?r
HMHOM, OM
9llar(Swou, sOsaAr
aW?ea+e's?r?a ???+b?wr?i??iiw? r11r.
NAM
i,y?iwr'?y?NiI?Nu1n?A.?INMa11`~?1111?'N??etletN ? lMwtslnMrMM?yar.?r?NrMM.
ee1NEEOlMYl6l0??anecve?MOi+?11rAI.l.aeaee?teM?p011[A000I?M1.
l /•
noT e__
DEED
PARCEL #:13-22-0536-043
This indenture, made the 3rd day of June, in the year two thousand five (2005),
N Between
6J
??; « IRON KETTLE, Inc., a Pennsylvania Corporation, of Lower Allen Township,
C Cumberland County, Pennsylvania, Grantor
a.
`? ` and
a
M v? {= -12 Dolan & Fromm, a Pennsylvania General Partnership, consisting of Lawrence P.
Dolan and Norman: H, Fromm, Grantee
C%4
Witnesseth, that the Grantor, for and in consideration of the sum of Four Hundred
Twenty Three Thousand and No/100 ($423,000.00) Dollars, lawful money of the United
States of America, unto it well and truly paid by the Grantee to the Grantor, at and before
the sealing and delivery of these presents, the receipt where of is hereby acknowledged,
has granted, bargained and sold, released and confirmed, and by these presents does
grant, bargain and sell, release and confirm unto the Grantee, its successors and assigns.
ALL THAT CERTAIN lot or Parcel of land situate in the Township of Lower Allen,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded
and described as follows, to wit:
BEGINNING at a railroad spike in the center of the Harrisburg-Gettysburg State Road; at
the division line of property herein described and property of or formerly of Gulf Oil
Corporation adjoining on the East; thence along the center line of said State Road South
50 degrees West 120 feet to a point; thence along lands of or formerly of Emanuel
Bucher North 15 degrees 23 minutes West 434.88 feet to an iron pin on the line of lands
of or formerly of the Pennsylvania Railroad Company; thence along said Railroad
Company lands North 78 degrees 30 minutes East 109.3 feet to an iron pin on the line of
lands of or formerly of Gulf Oil Corporation; thence along said lands of or formerly of
Gulf Oil Corporation South 15 degrees 23 minutes East 377.5 feet to the point and place
of BEGINNING.
HAVING thereon erected a two-story masonry building and a one-story frame storage
building, being known as 2050 State Road, Camp Hill, Pennsylvania
LESS AND EXCEPT the portion thereof containing 1,831 square feet conveyed by the
Grantor herein to the Commonwealth of Pennsylvania, Department of Transportation, in
a deed dated May 11, 1998, which Deed is recorded in and for Cumberland County,
Pennsylvania, in Deed Book 179, Page 232.
BEING the same premises, less and except the portion thereof conveyed to the
Commonwealth of Pennsylvania, Department of Transportation aforesaid, that was
conveyed to the within Grantor by a Deed from S. Richard Weigle and Helen L. Weigle,
his wife, dated July 1, 1970, which Deed is recorded in and for Cumberland County,
Pennsylvania, in Deed Book R23, Page 775.
UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and
agreements of record.
TOGETHER with all and singular the buildings and improvements, ways, streets, alleys,
passages, waters, water-courses, rights, liberties, privileges, hereditaments and
appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and all
the estate, right, title interest, property, claim and demand whatsoever of them, the
Grantors, as well at law as in equity, of, in and to the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the
messuage or tenement thereon erected, hereditaments and premises hereby granted, or
mentioned and intended so to be, with the appurtenances, unto the Grantee, her heirs,
personal representatives and assigns, to and for the only proper use and behoof of the
Grantee, her heirs, personal representatives and assigns, forever.
AND the Grantor, for its successors and assigns, does covenant, promise and agree, to
and with the Grantee, its successors and assigns, by these presents, that it, the Grantor, its
successors and assigns, all and singular the hereditaments and premises hereby granted or
mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors
and assigns, against it, the Grantor, its successors and assigns, and against all and every
person and persons whomsoever lawfully claiming or to claim the same or any part
thereof, by, from or under it, shall and will, Subject as aforesaid, WARRANT and forever
DEFEND.
In witness whereof, the Grantor has hereunto caused this Deed to be executed by
its President. Dated the day and year first above written.
Sealed and Delivered
in the Presence of:
IRON KETTLE, INC., a Pennsylvania
Corporation
By. Nanc . Beshore, President
BOOK 269 'AEEI-120
Certificate of Residence
I hereby certify that the precise residence of the Grantee herein is as follows:
5H P 19 F, k 10 b F. CI kC I ,
eNaLA PA 170 S- 3y0q
A 14ttm y for Grantee
Acknowledgement
COMMONWEALTH OF PENNSYLVANIA .
: ss
COUNTY OF b A y PH Inl
On SIR J U N f 3la 005 before me, a notary public in and for the
Commonwealth of Pennsylvania, the undersigned officer, personally appeared Nancy L.
Beshore, President of Iron Kettle, Inc., ]mown to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
GkAQ?- ?
Notary Public
NOTARIAL SEAL
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243723
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY James DeCinti, Esquire ATTORNEY FOR: DEFENDANTS
ATTORNEY I.D. NO. 77421 Larry Dolan and Norman Fromm
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)7314803 ax
HERSHOCKS, INC., IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
L NORMAN FROMM and LARRY
DOLAN,
NO. NO. 07-3190
CIVIL ACTION
Defendants
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Hershocks Inc.
c/o Thomas S. Beckley, Esquire, 212 North Third Street, Harrisburg, PA 17108
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER
WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE
OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU.
DICIG , MCCAMEY & CHILCOTE, P.C.
Date: November 1, 2007 By:
James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm and Larry
Dolan
243431
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY James DeCinti, Esquire ATTORNEY FOR: DEFENDANTS
ATTORNEY I.D. NO. 77421 NORMAN FROMM AND LARRY DOLAN
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)7314803 ax
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
NORMAN FROMM and LARRY DOLAN,
NO. 07-3190
CIVIL ACTION
Defendants
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANTS
AND NOW, come Defendants, Larry Dolan and Norman Fromm by and through their
counsel, Dickie, McCamey & Chilcote, P.C. and file the within ANSWER AND NEW
MATTER OF DEFENDANTS as follows:
1. It is admitted that Plaintiff is who it says it is.
2. Admitted.
3. Admitted.
4. It is admitted that Plaintiff filed a Mechanics Lien Claim.
NEW MATTER
5. Defendants hereby incorporate and assert each and every new matter set forth in
Pennsylvania Rule of Civil Procedure 1030.
6. On or about September 11, 2006, Defendants, did issue a check to Martin
Lichtenberger in the amount of $10,000, which was specifically identified as a down payment for
1
the products and services to be supplied by the Plaintiff, Hershock's Incorporated. It is therefore
believed and therefore averred that Defendant has a set off $10,000 against Plaintiff's claim.
7. Defendants allege that a door supplied by Plaintiff was unusable by Defendants
because it did not meet the requirements of the Americans with Disabilities Act. Defendants
therefore claim a setoff in the amount of the value of the door to be proven at trial.
8. Defendants allege that in one of the windows above the sliding glass doors as
installed by Plaintiff, there is a large chip or nick or crack that appears to have occurred during
the installation process, the installation process being done by Plaintiffs. Defendants therefore
claim as a setoff the value of the damage and/or repair of this window in an amount to be proven
at trial.
9. One of the sliding glass doors installed by Plaintiff was installed "out of square"
and "out of plumb". The door was therefore unusable as installed by Plaintiff and Defendants
were required to expend sums to correct the insufficient work done by Plaintiff. Defendants seek
a setoff in the amount of the repair of the sliding glass door in an amount to be proved at trial.
10. The large garage doors installed by Plaintiffs do not open correctly and it appears
that the track for the doors is out of alignment. The Defendants seek as a setoff the value of the
repair of said deficiency to be proven at trial.
11. None of the windows installed by Plaintiff as part of the contract caulked by
Plaintiff, and Defendants were required to pay sums to accomplish that task. Defendants
therefore claim as a setoff, the amount it paid for caulking which was supposed to be done by
Plaintiff in an amount to be proven at trial.
2
12. The large garage doors as installed by Plaintiff do not have weather seals installed
and should have weather seals installed as part of the installation. Defendants claim as a setoff
the cost of weather sealing in an amount to be proven at trial.
13. As part of the installation Plaintiff installed two large glass sliding doors which
pursuant to code where supposed to be "break-away doors." One of those doors had to be
removed and replaced at additional expense to Defendants and Defendants claim as a setoff an
amount to be proven at the time of trial.
14. The track on the sliding glass doors was required by code to be recessed. Plaintiff
failed to follow the code and the tracks were not recessed. As such, Defendants had to expend
additional funds to correct these deficiencies. Defendants therefore seek as a setoff the value of
this work to be proven at the time of trial.
15. On or about September 26, 2007, Norm Fromm, an agent for Dolan & Fromm, L.
N. Pazzo, Inc. and the Brewhouse Grille, met with Dwayne Weaver an agent for Hershock's
Incorporated. On that day, those men came to a meeting in the minds encompassed in the
agreement attached hereto as Exhibit A whereby Defendants agreed to pay and Plaintiff agreed
to accept the sum of $19,455 to resolve these claims.
16. On or about September 27, 2007, despite the meeting of the minds and the
agreement encompassed in Exhibit A, Plaintiff reneged on that agreement and instead initiated
the instant actions.
17. Defendants are still willing to enter into the settlement agreement encompassed in
Exhibit A and respectfully request that the Court enforce that settlement agreement.
3
WHEREFORE, Defendants respectfully request that judgment be entered in their favor
and against Plaintiff and that Plaintiff s Complaint for Mechanics Lien be dismissed with
prejudice, with all costs to Plaintiff.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: November 1, 2007 By:
James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Larry Dolan and Norman Fromm
4
September 26, 2007
From:
Dolan & Fromm
54 Pine Ridge Circle
Enola, PA 17025
To:
Hershocks
3501 N. a Street
Harrisburg, PA 17110
Agreement:
Dolan & Fromm agrees to pay to Hershocks the amount of $19,455 as detailed below ...
Original Contract Amount $29,455
Less Amount Paid To Country Lane Builders $10,000
Dolan & Fromm also agrees to return two "Man Doors" to Hershocks.
Dolan & F mm also agrees t produce a copy (front and back) of the canceled check
written to Country Lane B ' ers ch was noted to be paid to Hershocks.
A
Norm Ffomm
As agent for Dolan &
In exchange Hershocks agrees to release the lien placed on the property at 2050 State
Road, Camp Hill, PA 17011.
Dwayne Weaver
As agent for Dolan & Fromm
241173
VERIFICATION
I, Norman Fromm, hereby verify that the facts set forth in the foregoing ANSWER
WITH NEW MATTER 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. §4904, relating to unworn falsification to authorities.
orman Fromm
CERTIFICATE OF SERVICE
AND NOW, November 1, 2007, I, James DeCinti, Esquire, hereby certify that I did serve
a true and correct copy of the foregoing ANSWER AND NEW MATTER OF DEFENDANTS
upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail,
postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
Cranberry Court
212 North Third Street
Harrisburg, PA 17108
(Plaintiff Counsel)
/h?n 0'1?
James DeCinti, Esquire
1 "r ,
fV
?r
V
HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Claimant OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Owner : NO. 07-3190 -Civil Term
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW comes the Plaintiff, Hershocks, Inc. ("Hershocks"), who, by and
through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and
Beckley & Madden, of Counsel, files this Reply to Defendant's New Matter, and in
support thereof, avers as follows:
5. Plaintiff, Hershocks, Inc. ("Hershocks") hereby incorporates paragraphs 1
through 4 of its Complaint, and paragraphs 1 through 7 of its mechanic's lien claim as
though set forth here at length.
6. After reasonable investigation, Hershocks is without information or knowledge
sufficient to form a belief as to the averments contained in paragraph 6 of Defendant's
New Matter, therefore, such averments are denied. By way of further response,
Hershocks never received a payment from Martin Lichtenberger and/or Defendants, and
Defendant's alleged payment to Mr. Lichtenberger is not a valid defense to Hershocks'
claim.
7. Denied. Hershocks provided several options for doors to Defendants.
Defendant and Mr. Lichtenberger (the general contractor) directed Hershocks to install
the doors that it did. Defendants also represented to Hershocks that the doors satisfied
the local township's entrance and exit requirements for persons with disabilities.
8. It is admitted that a window had a small crack in it. By way of further
response, Hershocks offered to correct the window, but it was denied access to the
project, and was never paid for any of its work.
9. After reasonable investigation, Hershocks is without information or knowledge
sufficient to form a belief as to the averments contained in paragraph 9 of Defendant's
New Matter, therefore, such averments are denied. By way of further response,
Defendants never mentioned any problems with the door until they were forced to file
New Matter. Hershocks installed the sliding doors in November, and prior to the filing of
Defendant's New Matter, Hershocks never knew about any alleged problems with the
door even though it had had meetings with the Defendant about the project. By way of
further response, Hershocks was never given an opportunity to correct any alleged
defects with the sliding glass doors. Strict proof of any defects is demanded.
10. After reasonable investigation, Hershocks is without information or
knowledge sufficient to form a belief as to the averments contained in paragraph 10 of
Defendant's New Matter, therefore, such averments are denied. By way of further
response, Defendants never mentioned any problems with the garage doors until they
were forced to file New Matter. Hershocks installed the garage doors in late 2006, and
prior to the filing of Defendants' New Matter, Hershocks never knew about any alleged
problems with the garage doors even though it had had meetings with the Defendant
about the project. By way of further response, Hershocks was never given an opportunity
to correct any alleged defects with the sliding glass doors. Strict proof of any alleged
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defects is demanded.
11. It is admitted that Hershocks did not install caulking around the windows.
Defendants directed Mr. Lichtenberger to install siding around the windows which was
required to be done prior to any caulking. Mr. Lichtenberger never installed the siding,
therefore, Hershocks was unable to install the caulking. Hershocks called the Brewhouse
and Mr. Lichtenberger about this issue, however, Hershocks' calls were not returned by
either party.
12. It is admitted that Hershocks did not install the exterior weather seals.
Defendants directed Mr. Lichtenberger to install siding around the garage doors which
was required to be done prior to the installation of the exterior weather seals. Mr.
Lichtenberger never installed the siding, therefore, Hershocks was unable to install the
exterior weather seals. Hershocks called the Brewhouse and Mr. Lichtenberger about this
issue, however, Hershocks' calls were not returned. By way of further response,
Hershocks did not, nor was it required to, install the interior weathering.
13. Denied. Hershocks did not bid, nor was it required to install "break-away
doors." To the contrary, Hershocks' written quotation merely references sliding doors.
14. Denied. Defendants told Hershocks that to install a track which would allow
minimal air infiltration, which Hershocks did. Defendants told Hershocks that the doors
in question would be used merely as a "moving wall," and not as a doorway.
15. It is admitted that Mr. Fromm met with Dwayne Weaver. It is denied that the
two parties ever reached a "meeting of the minds." To the contrary, the parties discussed
3
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the possibility of a settlement, however, Mr. Weaver told Mr. Fromm that he (Mr.
Weaver) needed to discuss the proposed settlement with counsel. Indeed, Mr. Weaver
never signed the agreement, and Defendants have not made any payments to Hershocks.
16. It is denied that Hershocks and Defendant ever reached a "meeting of the
minds." It is also denied that Hershocks "reneged" on any agreement. To the contrary,
the parties never had an agreement. While the parties discussed a possible resolution,
Hershocks never signed the agreement, nor did it ever agree to the terms contained in the
agreement. Had the parties reached an agreement, Mr. Weaver would have signed the
agreement in Mr. Fromm's presence and Defendants would have made the payment
referenced in the alleged agreement. Hershocks incorporates the averments made in
paragraph 15 hereof as though set forth here at length.
17. After reasonable investigation, Hershocks is without information or
knowledge sufficient to form a belief as to the averments contained in paragraph 17 of
Defendant's New Matter, therefore, such averments are denied. By way of further
response, the allegation that Defendants are "willing to enter into the agreement
encompassed in Exhibit A," is further evidence that there never was any settlement
agreement, just a proposed agreement.
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WHEREFORE, Plaintiff, Hershocks, Inc., respectfully requests the Court to enter
a judgment in its favor, and against the Defendant, LN Pazzo, Inc., t/d/b/a The
Brewhouse Grille, in the principal amount of $29,455.00 plus interest, costs of suit and
such other and further relief as the Court may deem appropriate.
DATED: November 26, 2007 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691
Thomas A. Beckley, F/duire
Thomas S. Beckley, Esquire
Attorneys for Plaintiff
Hershocks, Inc.
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11f 44f cuuf 11: zv 1f1 f441 G70li A`; UUNI INIZ I-ALi. 01101
I, Dwayne weaver, hereby va* that I am an adult individual, that I am the Chief
Financial Offiim of H*mhocloo Inc., that I am mi6nized to make this sUMment on
behalf of Hmk cks, Wc., that I have reed the foregoing &mneat, and that the facts set
forth in the foregoing domwet we true to the best of arty knowledge, or informat oo and
belief I undmiand that false statements herein are made sub, jea to the pmMes of 18
Pa.C.S. § 4944 fzlatbg to unsvvotrn. falsification to authorities.
Hershocks, Inc.
By. t)Arf_I-IA
Dwayne W &M, CFO
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011-2700
DATED: November 26, 2007
Thomas S. Beckley, Esquire
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HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MECHANIC'S LIEN CLAIM
DOLAN & FROMM, a Pennsylvania
General Partnership, consisting of
Lawrence P. Dolan and Norman H. Fromm,
Defendant NO. 07-3190 Civil Term
bk
SATISF y
PRAECIPE TO WITHDRAW MECHANIC'S LIEN CLAIM
TO THE PROTHONOTARY:
Sw ?
Please mark the mechanic's lien claim in the above-captioned action as Sa+is?ieel *
DATED: February 18, 2008
Of Counsel
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691
Respectfully submitted,
_j ? ?, /X "I
Thomas A. Beckley, uire
Thomas S. Beckley, Esquire
Attorneys for Plaintiff
Hershocks, Inc.
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CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011-2700
DATED: February 18, 2008
Thomas S. Beckley, Esquire
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