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HomeMy WebLinkAbout07-3191HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS Claimant OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Owner :NO. 6 ? - 5191 ( / U t 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 6t' 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 owner and/or tenant of the Property subject to the lien is The Brewhouse Grille, which is a fictitious name owned by LN Pazzo, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, which has a business address of 2050 State Road, Camp Hill, Pennsylvania 17011. 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 Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Thomas A. Beckley, E quire Thomas S. Beckley, Esquire Attorneys for Claimant Hershocks, Inc. 3 VERIFICATION 1, Paul Whipple, hereby verify that I am an adult individual, that ( 3M the Chief Operating Officer for Hershocks, Inc., that 1 am authorized to make this statement on behalf of Hershocks, Inc., that I have read the foregoing document, and that the facts set forth in the foregoing document are truc to the best of my knowledge, information and belief. I understand that falsc statements herein are madc subject to the penalties of 18 ftC.S. § 4904 relating to unsworn falsification to authorities. Hershocks, Inc. By: L e. Paul Whipple, Operating Officer 4 Z0/Z0 39Vd SX)0HS83H 896ZTOOLTL 0T:9T L00Z/SZ/90 x?,? ? + ?- vwi col L17t9! rJC: 17 (1 (94941L7ot) htrc5nu?..x5 OFFER F'Alat VATS We propose m fL~ and instep: Two t2) 1p'-0"wide by g' " ?1 si'ano doors In an OM Wh lgt?n a 9 approx. UmwMe o**V of r4)1 in to iyentar of the doors for tM We eievatiat of Oft new pi. oddlti la aia fAnfb o Ind 6 mw two (2) Of ft b? rdw ?° doe's wM be deskY" Will tots) roof Its M lieu s gb MONO f urn'tt &- Two passape doors interipr the am doorwill bm a . tb few tfw Lis suAP No irMlW at the ad ing watt to to s d4m burng. WO ° °fed ovd1 Closer and m6m mrn sow* I** and push ! puq to rdware Will bb a Tor x W4r skWe mfr dow w*l Panic T4 x'd'••8" dm&Ie adW .94 dMVaro and a suthwce ocated sbow Lim eliding doom *M be four (4) har h shaped wMdothe s ope of the roof. All msterW will be supplied In a trapsaWd dsdr anodized finish wi9 Catllkhng of our work is included. All for'MO sum of...... ............................ 1...................... ......_.....5 Repisw the two aliding doors whiff a ing door optior+, new aPhp^ wflLpmaWg a 14'-0" wide irsrr?e ftwing tme Or of r-W vridO 9 " NO swan . ?OOr IZa'dws will 'ntck+dss Wic sib with doors having a 1-0 high tra to, 1Eapp6tOld dGqMW ep0yrblg doom to bt fiAly herdWBre and areatl rMg-robs: d ?? of our wc is Induded. (Garage doors liftd opentn during hours of wiMOW units BM alto i above w WON as doors and '!omd -j pas"ge :r fvr t 4 sum of .......................... .......... .. ........, 2. t?? e 5, mmmmow. etc. oxa??p`!d .a uL her ??.,:.. _ ? Alar?,.Saenris,waRa?er ??1Nrwwn+•rwMNMMww?M??Nw?wMw?uMgaords?wrrPnwrl ",??'p11NIM'??°Ile°'?"a`M?IM"""0R.r. ? w? ?rtewwwhn MlI1/ N".?.,.,.,.,?wrisrM?Ma n/iYrO"ww?nll w ,M?p;?w„ra?lr?r?wn 11 1 wu4 w<y 1N?hMMNwM1A?r MaM M IIIwN?/?Y Ilw NMG Mw" ?A0001tNM. dvw'wa jAmp rwpwW VAUeeamilsTO ??.,e;+ ? BECKLEY & MADDEN ATTORNEYS AT LAW CRANBERRY COURT 812 NORTH 7B33in SORT POST ONWCZ BOX 11998 HARRISBURG, PENNSYLVANIA 17108-1998 PHONE: (717) 298-7891 FAX: (717) 253-8740 E-MAIL: beddey@p&net April 26, 2007 FfiX NO. 27585 Mr. Norm Fromm VIA FIRST CLASS AND CERTIFIED MAIL The Brewhouse Grille 2050 State Road Camp Hill, PA 17011 RE: 2050 State Road, Camp Hill, Pennsylvania 17011 Dear Mr. Fromm: 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 $29,455.00 for its work on the project. This letter constitutes Hershocks' formal notice of its intent to file a mechanic's lien claim on the above-referenced property. Please let this matter have your immediate attention. Very truly yours, BECKLEY & MADDEN 7_? - ?] - _- Thomas S. Beckley Cc: Country Lane Builders (w/encl.) Larry Dolan (w/encl.) Hershocks, Inc. (w/encl.) Dolan & Fromm (w/encl.) L.N. Pazzo, Inc. (w/encl.) V'.I LVI LVVI Aft Ir? VV. iJ fa F71&&JVV nc?c?nwn.? OFFER ReddNOW DINTS came 171L.417 - I mac Ail tar'te sum ot......1 .................:................. ........................? ?cj r2,G r We propose to fu~ and instep: ' -wo (2)14'.o" wide by 014r high 19*ZO"tO1 si?din® doors in an om cdnfturadon Wealirr9 approx. trseabls opankq of r4r in Ihs center of the doors for fizz side elsnrottion of the new i eddidorr' am Muded mA be two (2)18'-0" km by 101-0" high al-minurr gerage do= witlt nets for the ream of the buk*V- 4he new garage doom vA be des?d tots! lees Mm V&dL Two eft* pomage doors wM to " P* - W go k teripr roof lima in lieu s degree the ene door WS bm a . Ise SmP{"red old irIped NA th« ad ing wain to 1110 exist'M bu?8. 3'.,eWr4r double scWV door wo d Omidiffied ovgitie cheer a nOl rneirimum aeourlty Mode end push I pail Wdware the other wtR to a 3'-0" x WO s daft door wide pienie hardwa-f w and a surface . Located above ft sliding doors will be four t4 i?d In s trapa2Wd Moped wind*w unite to foR the si0 Cpl e?uN? inolAll b suM i aiam anodized fmish wlh akw 9 v1LgWAWS a 14'4" wlda tht hm Sjidir* doors with a ino door option, now option % Replace frame k1cluding One Pak of 71$" VAft s3'r0" high swim re'till e4 - a ridwslr8 on.~ side with d nd h"'' high Door gt to 18o degrees allowing doors to f* node: op opMiAp dutlnp hvurr of • C ulidnp of outwork 1a Included. '(Garage dbats l` abmm as WON as t p oom end fbmd irs?azoid window units am also iladuded in INS ter"sum of .......................... ... ..........., 2 rQ? ! 4oDrpw Fes ? ........... ores, etc. I?!Yr !r . .Q e? ttt- 1... O%, . _ I alarrF, jamim, DDDDQ? k «?111rMiKA N?1N??? M1M111DM OrON VENOWPOW& Ifdr ????i. i?e?i?Mr?i AMq?11M?/M?s???°??/YrDN•IIaw?11M? ?bMNNMti?rwcr.?111MUNKN -wri?Mrl?"`frra?Md..w,.r? y??N.W.M?iw?rMN?+r"?? w?MNN ?IlyafNh,N1?NMMrs IwMDDt Mal /?Ni1riY 11M1 Mr. rlwlaalsN?!P?,' ••lw?•M•l'mjjmli 76ft TDIEADDDWV L 6x ???j f nos e___ DEED PARCEL #: 13-22-0536-043 This indenture, made the 3rd day of June, in the year two thousand five (2005), W Between ?: cv LU w ?. W1 a? IRON KETTLE, Inc., a Pennsylvania Corporation, of Lower Allen Township, ?=4 (3= Cumberland County, Pennsylvania, Grantor a: rz ix: W J C° and v -> W Cr Dolan & Fromm, a Pennsylvania General Partnership, consisting of Lawrence P. rZ Dolan and Norman:li, Fromm, Grantee 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 lf? ex. By: Nanc . Beshore, President 80ox 269 'AGEli,20 Certificate of Residence I hereby certify that the precise residence of the Grantee herein is as follows: 5ti Pwz k106F- CIRc1-f- FLND(,A PA 170 S- 3,9 0`1 A Aftmmy for Grantee Acknowledgement COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF b A V P H I AI On 411 J V N f 31 a DOS 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., 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. Ck.?mwotk.w.,?-- Notary Public NOTARIAL SEAL L.NIC?IOUASAQW-YY Pnubblic CH ROW 05 m f" rM a w' y C.0 :;9 e i n sm -?i? C $ . a o C= cs x ? • x --i ? CA -4 Cn Q, C-16 r `? rn x 7 CIO ,p • . t as ev .X+ H^ T a•• a La C) f Co a ro N .?...i G t•n ?' 4f ay 4n1 KrI Nu r C!r lJ7 t} .-+ O o o `fi <a cn c+ CA ,=, c o to cn e.:s O G U il o Ca Cy 0 0 b 0 Q C. ej 7e con 269 wFU21 ?G ?Y 6 >, CJ :L ? 1? (Ali w f? t V -? F r << N3 --- 9i rv -c JUN-08-2007 FRI 11:54 AM Beckley & Madden FAX NO. 7172333740 P. 02 HERSHOCKS, INC., : IN n'-1E COURT O COMMON PLEAS Claimant OF CUMBERLAND COUNTY, PENNSYLVANIA V. . MECHANIC'S LIEN CLAIM LN PALZO, INC., t/d/b/a THE BREWHO'USE GRILLE, Owner NO. 07-3191 - Civil Term AFFIDAVIT OF SERVICE OF NOTICE I, Jason Vioral, being duly sworn according to law, depose and say as follows: 1. 1 am an adult individual employed by the Cumberland County Sheriff s Office, Carlisle, Pennsylvania, as a Deputy Sheriff; 2. On May 31, 2007, 1 served a Notice of Mechanic's Claim upon LN Pazzo, Inc., t/d/b/a The Brewhouse Grille, in the following manner: handing a copy of the Notice of Mechanic's Lien Claim to Lawrence Dolan, the adult in charge, at the following address: 2050 State Street, Camp Hill, Pennsylvania. , Sworn to and spbscribed before me this I `f 1z-- day of June, 2007 ` - NOTARIAL SEAL LM DIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County Commission Expires April 4, 2009 0, t a L&A-1-L -? Mu' Jason Vioral 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 E"- Thomas S. Beckley, Esquire c? :> HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS Claimant OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Owner NO. 07-3191 - Civil Term AFFIDAVIT OF SERVICE OF NOTICE I, Thomas S. Beckley, being duly sworn according to law, depose and say as follows: 1. I am an adult individual employed by the law firm of Beckley & Madden located at 212 North Third Street, Harrisburg, Pennsylvania 17101; 2. On May 31, 2007, I caused the Sheriff of Cumberland County, Pennsylvania, to serve a Notice of Mechanic's Claim upon LN Pazzo, Inc., t/d/b/a The Brewhouse Grille, at the following address: 2050 State Street, Camp Hill, Pennsylvania. A true and correct copy of the Sheriff's Return of Service setting forth exactly how service was accomplished is attached hereto as Exhibit A. ? r DATED: June 18, 2007 ?'.--?- --d?? Thomas S. Beckley Sworn to and subscribed before me this 18th day of June, 2007 -121.1 It-Lo Notary Public (:77z7i? (SEAL) COWAIMEALTN OF PENNSYLVANIA NOTA#iK SEAL ANN K NUCWCM, Nol ry Pd* Cdr of hwftM% DaWW County W CWMd0 W f8" ,fie 29, 2008 fx?ybi? 4- SHERIFF'S RETURN - REGULAR CASE NO: 2007-03191 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERSHOCKS INC VS LN PAZZO INC TDBA THE GRILLHOU 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 LN PAZZO INC T/D/B/A THE BREWHOUSE GRILLE the OWNER , at 1130:00 HOURS, on the 31st day of May 2007 at 2050 STATE ROAD CAMP HILL, PA 17011 by handing to LAWRENCE DOLAN, OWNER ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.44 00 .00 10.00 R. Thomas Kline .00 41.44 06/01/2007 BECKLEY & MADDEN By: day eput Sheriff A. D. ,_.a r? ?, car ? ,_ . [ ?y,t?r?• t.:° ?_ ... ? + %-mil I'll ??.,. d'`•-3 CJ ?_ t"t'? ?. .J ry, ? _ .?^ ? .? ?5,' i SHERIFF'S RETURN - REGULAR CASE NO: 2007-03191 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERSHOCKS INC VS LN PAZZO INC TDBA THE GRILLHOU 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 LN PAZZO INC T/D/B/A THE BREWHOUSE GRILLE the OWNER , at 1130:00 HOURS, on the 31st day of May 2007 at 2050 STATE ROAD CAMP HILL, PA 17011 by handing to LAWRENCE DOLAN, OWNER ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 G I5f 0'1 ?,, 41.44 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/01/2007 BECKLEY & MADDEN By: A. D. Sheriff HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Defendant NO. 07-3191 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 LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Defendant NO. 07-3191 COMPLAINT IN ACTION UPON MECHANIC'S LIEN CLAIM 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 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 6t' Street, Harrisburg, Pennsylvania 17110. 2. The Defendant is LN Pazzo, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, which has a business address of 2050 State Road, Camp Hill, Pennsylvania 17011. The Defendant trades and does business under the name The Brewhouse Grille, which is a registered fictitious name owned by LN Pazzo, Inc. 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, 3191, 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, 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: October 1, 2007 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Imo. I r? &3 1 ? "- - - Thomas A. Beckley, quire Thomas S. Beckley, Esquire Attorneys for Plaintiff Hershocks, Inc. 2 byt zb1lbb t 12:3b tl t4412'jbU NEKSF MXb PAGE 9b/0b VERIFICATION I, Dwayne Weaver, hereby vcrify that I are adult individual; that I am the Chief Operaft Officer of Hershocks, Inc.; that I am authorized to make this statement on behalf of Hershocks, Inc.; that I have read the foregoing dooment, and that the facts set forth in the foregoing doe mrem are true to the best of my knowledge, information. and belief. I understand that false statements berein are made subject to the penalties of 18 P&C.& § 4904 relating to unswom falsxfiaation to authorities. H ocks, Inc. By: DWeaver, Chief Operating Officer HERSHOCKS, INC., V. : MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Owner : NO.67 - 3191 MECHANIC'S LIEN CLAIM n c? N -s N w 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 e 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 owner and/or tenant of the Property subject to the lien is The Brewhouse Grille, which is a fictitious name owned by LN Pazzo, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, which has a business address of 2050 State Road, Camp Hill, Pennsylvania 17011. 3. The date on which Hershocks completed the work for which this claim is being made was November 29, 2006. IN THE COURT OF COMMON PLEAS Claimant OF CUMBERLAND COUNTY, PENNSYLVANIA -c 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 Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 12"', 11i'4*v Thomas A. Beckley, E quire Thomas S. Beckley, Esquire Attorneys for Claimant Hershocks, Inc. VERIFICATION I, Paul Whipple, hereby verify that I am an adult individual, that I am the Chief Operating Officer for Hershocks. Inc., that l am authorized to make this statement on behalf of Hershocks, Im., that I have read the foregoing document, and that the facts set forth in the foregoing document are trot 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:- Paul Whipple, C ' Operating Officer _4 Z0/Z0 39Vd S}COHSN3H 896ZTVVLTL 01:9t MUSZ/90 LOW Ga/GGfJ! O0.17 /1 l441L700 I'IGK'I'11JGKb F'HGt bl/0'?' OFFER `P. Flolbw Ftrtrl?be?g, /?Mrrl1!]fV?fll? 97170 ("71?r7a- aim.:. We propose 10 famish and install: Two (2)14'-0" wide by li -W high horizmttatl dfiding doors In an oxso c0fturation cref tirtg • apex. uaeabie opening of r.011 in tht: ow der of the doors for dta We elrvati m of the MW \ addition; also included win be two (2)16'-0" wk* by 10'-r high alurninunt 91IN"a dons tsuttlt told glass panels for the real elevatf of the buiiding--the new garage doves wilt be designee! i'Wm VWL Two single pelt aW doors W to kAbw to k teripr rod film M lieu F mg be supprad and km iled at thin !rd ing we'll to ft mdo tl9 buldirig, the ene door will bm a . MUW g'-0"Sci'?8" double aefkig door wield "fed ovdifie d dosser and maicfmurn arwriCy Mods and push / pull hardware the other VAN be a 3W x 6'-E" akVb aoffig door with panic hardware and sa surfatoe applied Cl Located above the sliding doors will be four (4) trapezoid shaped window units to fall the sb p* of the roaf. All matial will be supplied in a g? Caulking of our walk is )noluded. edam anodized finish with cleat' All for ttse sum of ................................ .....»...........-...__._.....? aq rz. •? Repiece the hwo sliding door; wait a !no door option, nerw option a 141-V wide frame 01C*ding tstw pair of 71-W wide r-W high swi equal simSMa, on.elttwr We with doors having e V-0^ high VQ ern g Door hardware will ittCfuds panic hardware and weatlrering•-note: 01 oper+ to 1 go dagrem aMwAng doom to bt f* opening dufng hours: of ulldnp of our warts Is Included. (Garsas dbots ifteted above s9 well as passage oom and fixed b"azold window units airs also inducted In INS o ...... 2. IQQ? for"sum of.. _.- ................................... 5. tsleetHOOI?, uati. onr r AV."plm Fee; sa??..,:.SLLr. _'?i. `?1?r?.?f'.?.,1 x e?u I 9/lattA;,?'?rt, ?uaBsr , 1u1.•www.we ?A,. w 1 rp.ta....uwwuMerare?ees ?tM y M..r.r e?ia??perNro?NllerN?s,?.,?.pr.r?A?r/'Mua?r 7M- rap a vow ww?Mr *aim ambikellb" aIING[iftAllOlPrl?rwMenr?llrN,lAel?mrsTeM?6TDaEA000?M?0. I BECKLEY& MADDEN ATToRNmXs AT LAW CRANBERRY COURT 212 NORTH THum STREET POST OrrlCA BOY 11898 H AP.RisBURG, PENNSYLVANIA 17108-1998 PHONE: (717) 233-7891 PAX. (717) 233-3740 z-auu.: bed&y@pa.net April 26, 2007 rn NO. 27585 Mr. Norm Fromm VIA FIRST CLASS AND CERTIFIED MAIL The Brewhouse Grille 2050 State Road Camp Hill, PA 17011 RE: 2050 State Road, Camp Hill, Pennsylvania 17011 Dear Mr. Fromm: 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 $29,455.00 for its work on the project. This letter constitutes Hershocks' formal notice of its intent to file a ` mechanic's lien claim on the above-referenced property. Please let this matter have your immediate attention. Very truly yours, BECKLEY & MADDEN Thomas S. Beckley Cc: Country Lane Builders (w/encl.) Larry Dolan (w/encl.) Hershocks, Inc. (w/encl.) Dolan & Fromm (w/encl.) L.N. Pazzo, Inc. (w/encl.) f + OFFER BOOM" 1 ? ?rrac vt/ bl a ' m VIrl?ss RG BElrheUN RaM. - r>Mr?i! .....?..._ -nulls maw We propose to famish and install: ? do= (2) 94'-0" wide by W'.00 high horizontal ,?lidin® in an OM CcMqurat? muting appr ox. tfaeabie optg of T..Q" in the cantor of the doors for tla eid®elfvat4on of tint new totsl eddlt glam,ss aW ppniiteeh,ded will be two (x)16'-0" wide by 10'-0" high aluminum gBraDe dao18 Witlt ls of the bLadMg_. ft new gwago doers wit be d?ssky" tt> &I glass ft inls f 6f 100 degm iteturn WMCL Two single pawape doers will rod rod " l rineear 7=31 the sxing buaCRng. the one door Mrgl be a . ti0 at?pp{'49d said ir?stallad at thg wall to 3-4rx-d''4" dcubie acting door wRh d diafed ov d dvser and tt+0ialmum s.ouray Mock and Ouch !pull hardware the other will tie a 314)w x '->?' SWI* ootklg door w panic hardwv" and a surface appled d I-oCa l abeVe ow sCiding doom will be four (4) trapazoid ohapad watdb+n? unite to foil the skape of the roet. All rn;at Will be supplied in a dear anodized finish wRh crest Ih1AaL$d glees,. Caulidng of our work is included. 5 ZGj i2- •? AN forlh® sum of ................................ i................ .................. Replace tits two siidinb doors wdh a a *an* kiduding one pair of 7 -8 wW* side with doors hewing a 91-0" high tM hardwwo and weatLPVh g-nole: opening during hours of . C above as well as passer. i In this ' ig door option, nsw op ion wR?a "tea 14'-0" Wde high swin " 6MOtbe on. eittwr ?r» gf ova. boor hardware wAl irud® pio to 180 WOMBS atbV*V doors do bt f* Idng of wr wmrk is Included. (Garegi doors MAed rs and Axed bwpatold window units are also included ? tRtt? sum Of_...................................................... 41 oAVr AoO?pl?d F'er: ? rJ. Ht'.RSHQCICS. MC. Si911NS?m,SLLi.?1. ?^ ^a'?i 4 ?S?.??al Alarl?`a.an,?, :aaQeoer !?i i?.?rrne~i?awwwgr?i"? ?w? ?wMrrai?wll?IliM?7Mb?'r?.iw??"wI ti,y i?w?jM'MIw+?+s1 ?Mo M ¦1 ?etlrl?•W2 c40re f?rnM?Irri.?y?.a+?11?NMMM, MM 0?14%MPWP3 rp.6aeamrsTOr"p0oEA000uN1? i t?. labs e__ DEED PARCEL #: 13-22-0536-043 This indenture, made the 3rd day of June, in the year two thousand five (2005), c: C*J cIQ Between ? Lu u: r., ,. , L" ?? . `; IRON KETTLE, Inc., a Pennsylvania Corporation, of Lower Allen Township, hJ T Cumberland County, Pennsylvania, Grantor 9 CO and sx: W 4~} {S Z C> t... W t= _1> Dolan & Fromm, a Pennsylvania General Partnership, consisting of Lawrence P. Cr Dolan and Norman,11, Fromm, Grantee 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, - 39 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 A o. By: Nanc . Beshore, President 8001( X69 PA-rE1iAn,0 Certificate of Residence I hereby certify that the precise residence of the Grantee herein is as follows: 5,1 P14E krObE CIRcL-L f14 a1,19 PR 170 S- 3y0 y A Attm y for Grantee Acknowledgement COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF L? A U P H I A On 01 JU*E 31 a005 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., 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. Notary Public NOTARIAL SEAL f?NCHOIAS,NOIa YPubhc MyC.aian?ionPpi?es?uie20 062 5 1?7 iJ7 4n ?. ra U c ? r.ll ??'?•:?C•?©OdCJOaq •J • 'J 1? r Ln ut ft, .. 7 • t Q La L-3 41 01. to 'n O ebox 269 PACEii21 I Ca ?.? ?tJ> GJ? `O t? 01 ;. -o i DICKIE, MCCAMEY & CHILCOTE, P.C. BY James DeCinti, Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 77421 LN PAZZO, INC., T/D/B/A THE 1200 Camp Hill Bypass, Suite 205 BREWHOUSE GRILLE 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.N. PAZZO, INC., T/D/B/A THE BREWHOUSE GRILLE, Defendants NO. 07-3191 CIVIL ACTION 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. 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, LN Pazzo, Inc., t/d/b/a The Brewhouse Grille 243429 DICKIE, MCCAMEY & CHILCOTE, P.C. BY James DeCinti, Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 77421 LN PAZZO, INC., T/DB/A THE 1200 Camp Hill Bypass, Suite 205 BREWHOUSE GRILLE 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.N. PAZZO, INC., T/DB/A THE BREWHOUSE GRILLE, NO. 07-3191 CIVIL ACTION Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 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, LN Pazzo, Inc., t/d/b/a The Brewhouse Grille 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 $19,455 Dolan & Fromm also agrees to return two "Man Doors" to Hershocks. Dolan & Fr mm also agrees t produce a copy (front and back) of the canceled check written to Country Lane Bui ers ch was noted to be paid to Hershocks. NormWomm As agent for Dolan & F 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. Norman 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 DEFENDANT 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) James DeCinti, Esquire C =? ra ?._ <-_? ?:?? c? ...,, ?? ': ,?.a:,y f 7 f; ? -?. ? "? .. , $ 4t _' ??-F -.: a HERSHOCKS, INC., V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Defendant : NO. 07-3191 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 defects is demanded. 2 I- 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 the possibility of a settlement, however, Mr. Weaver told Mr. Fromm that he (Mr. 3 I- 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. 4 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 21, 2007 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Thomas A. Beckley, Esq i e Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 ?-? Thomas S. Beck ey, Esquire Attorneys for Plaintiff Hershocks, Inc. 5 11f iif 4 V V I 11:30 lfll441G707 Ali IiUUNIINZ tJAUE 01/01 r I, Dwayne Weaver, hereby vm* that I am an adult individual, that I am the Chief Financial Officer of Htazhocks, Inc., that I am =*odzed to make this statement on behalf of Iershocks, Inc., diet I have read the foregoing document, end that the facts act forth in the foregoing document are true to the best of my knowledge, or information and belief I understand that false statements herein are made subject to the penalties of 18 Aa.C.S. § 4904 relating to unworn, falsification to authorities. H,ershocks, Inc. By. Dwayne W ear, 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 21, 2007 e Thomas S. Beckley, Esquire t r.,., C_ ? ca Z7: .? 1 f - Y ? c FrI v? ' ` 3 ? - N CV n cn -G l HERSHOCKS, INC., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : MECHANIC'S LIEN CLAIM LN PAZZO, INC., t/d/b/a THE BREWHOUSE GRILLE, Defendant NO. 07-3191 - Civil Term 40, see barX Sa1TSFY PRAECIPE TO MECHANIC'S LIEN CLAIM TO THE PROTHONOTARY: Please mark the Sa?is?'ied ? see baCk mechanic's lien claim in the above-captioned action as 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, P ;L" / Thomas A. eckley, - squir Thomas S. Beckley, Esquire Attorneys for Plaintiff Hershocks, Inc. r n' ?/-vIo9 ntv 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 rD -71 o N ter,; ' fed k -? f.fi yr7