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Home My WebLink About07-3526CREATIVE EXTERIORS, INC Claimant V. TO: Dr. John Mira and Holly Mira 2401 Ascott Way Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA J7 - -5 NO. S?erftL M Lb MECHANICS' LIEN CLAIM TAKE NOTICE that the undersigned has filed a Mechanics' Lien Claim against the premises known as 2401 Ascott Way, located in Mechanicsburg, Cumberland County, Pennsylvania, 17055, of which Dr. John Mira and Holly Mira, Husband and Wife, and any other joint owner of record, are the owners in fee simple, for work and materials supplied in the installation of an underground irrigation system, an extension of that underground irrigation system, regular maintenance of the underground irrigation system and related landscaping work of which the amount that remains outstanding and unpaid by Owner is Eight Thousand Three Hundred Eighty-Three and 00/100 ($8,383.00) Dollars, plus applicable interest as accrued since November 13, 2006. The lien was filed on June 15, 2007. A copy of the claim is attached. LAW OFFICE OF R. M THOMAS Date: June 15, 2007 By: R. Mark Thomas, Esq. 101 South Market Street Mechanicsburg, PA 17055-3851 ID# 41301 (717) 796-2100 CREATIVE EXTERIORS, INC Claimant V. Dr. John Mira and Holly Mira, Husband and wife Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7-3.5-" GPi4L W-D MECHANIC'S LIEN CLAIM Claimant Creative Exteriors, Inc., by and through its counsel, R. Mark Thomas, Esquire, files this claim against Dr. John Mira and his wife, Holly Mira, and any other joint owner of record, and against the property, buildings and improvements erected thereon at 2401 Ascott Way, Mechanicsburg, Cumberland County, Pennsylvania, for the payment of a debt due to Claimant as contractor for the work and material supplied in the installation, extension and maintenance of an underground irrigation system at 2401 Ascott Way, Mechanicsburg, Cumberland County, Pennsylvania and in support thereof represents. 1. Claimant Creative Exteriors, Inc., is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 53 Tannery Rd., Dillsburg, York County, Pennsylvania. 2. The reputed owners of the property at the time of furnishing labor and materials and the attaching of the lien therefore are Dr. John Mira and Holly Mira, husband and wife, for the property located at 2401 Ascott Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Claimant, Creative Exteriors, Inc., originally contracted with the Owners in 2002. A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit "A". 4. By subsequent agreement an extension of the underground irrigation system was installed in 2005. (See Claimant's Exhibit `B".) 5. Claimant has continued to provide services to the owners, at the owners' request, in the form of maintenance of the irrigation system and related landscaping services with the last date of services rendered to Owners being June 9, 2007. 6. The original contract price was $13,995.00, of which the Owners have paid $6,589.00. Additional goods and services in the amount of $7,369.50 have been provided to Owners with the last date of services provided on June 9, 2007. 7. Owners have paid an additional $6,294.50 for total payments of $12,883.50, with the last payment being paid on or about November 13, 2006. 8. Claimant asserts an outstanding balance of $8,383.00 and claims a lien against the fee simple interest of the owners of 2401 Ascott Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREFORE, Claimant, Creative Exteriors, Inc. claims this lien upon the premises herein described in the amount of $8,383.00, plus any applicable interest, together with costs, attorney's fees and other relief deemed just against the owners of said premises. Respectfully submitted, R. Mark Thomas, Esq !,I VERIFICATION 1 verify that the statements made in the foregoing document 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 unsworn falsification to authorities. Date:'J&,`-' /--5.W7 \I- PO Box 3362 We propose to famish material and labor ram(s) listed above. A one-third deposit will be required to secure a upon completion. A twelve-month warranty on a see above material list specification for additional All material is guaranteed to be as specified. , according to standard practices. Any alteration extra costs will be executed only upon consukad extra charge over and above the estimate. All agreements are contingent upon strikes, commercial aeneral Rabilitu. business: auk CRIGATWE PO Box 3362 Dr. John Mira Whitney Ridge Dear Dr. Mira: October 12, 2002 As requested, below is the proposal for hmgatuy the front side, and rear grass and bed areas with rotors and spray heads. I have included 2 opts , the first being separate watering of all bed and grass areas, except the center front circle pla r is be watered with the grass rotors, and option 2: the foundation, beds and the immediate pool area Ix ing watered separately, but the remaining beds are watered with the grass heads The material list for t14 option 1 is as follows: • 18 Toro F7 Flow electric 1' valves with 1 additi nua master valve (3 year parts warranty) • 17 570-W sprinkler heads (small turf ) • TOW S70-12- sprinkler heads (bed areas) • 21 Hunter PGP turf rotors (large turf areas) ?,- • I Toro 19 station electronic controller (S year parts warranty) • 1 3/4' RPZ backfiow preventer • all other components necessary to install an a mrnaatic_irrigaboa system The cost for the installation of this irrigation system with the above material is: 13 j The material list • 14 Toro lZ Flow electric r valves with 1 additi • 6 Toro 570-6" sprinkler heads (small turf area • 35 Toro 570-12' sprinkler heads (bed areas) • 16 Hunter PGP turf rotors (large turf areas) • 12 Hunter PG14 turf/shrub rotors (large turvb, • 1 Toro 1$ station electronic controller (5 year • 1 3/4' RPZ backilow preventer • all other components necessary to install an aut The cost for the installation of this irrigation sysemn option 2 is as master valve (3 year parts warranty) areas) I" warranty) matic irrigation system with the above material is: 99,912 Irrigation Directional DViMnq Ligmr4 PA 17011 717-SO24231 in accordance with the above quotations, for the date. The balance on the account will be due s and labor will begin upon completion. Please reties, if applicable. work to be complete in a workmanlike manner deviation from the above specifications involving with the client and approval, and will become ark or delays beyond our control. We will maintain and workers comvensation insurance for the ORS, Inc. PA 17011 717-502-1231 T'd TTLT 20S LiL e80:60 Lo bT unr Jun 12 07,11:13a Creative Exteriors, Inc. 53 Tannery Road Dillsburg, PA 17019 (717) 502-1231 Dr. & Mrs. )O?n Mira 2401 A5COtt Way Mechanicsburg, PA 17055 717 502 1,71.1 p.2 St?temeht Date 6/12/2007 Amount Due $8,383.00 Date Transaction Amount Balance 12/91/2005 Balance Forwar4 8,783.00 01/31/2006 PMT #1638. -125.00 8,658.00 01/31/2006 PMT #2796. From Indivi4ual Family Service -177.00 8,481.00 02/07/2006 INV #5505. Due 02/17/2006. 220.00 8,701.00 02/08/2006 PMT #1651. Partial pmt -500.00 8,201.00 03/06/2006 PMT #1668. -600.00 7,601.00 03/13/2006 PMT #1674. -600.00 7,001.00 03/21/2006 PMT #1682. -220.00 6,781.00 0410912006 IN V #5580. Due 0411912006. 164.00 6,945.00 04/12/2006 PMT #1694. -200.00 6,745.00 04/20/2006 INV #5624. Due 04/30/2006. 330.00 7,075.00 05/01/2006 PMT #1701. -200.00 6,875.00 05/05/2006 PMT #1713. -300.00 6,575.00 05/11/2006 PMT #1719. -164.00 6,411.00 05/12/2006 INV #5762. Due 05/22/2006. 55.00 6,466.00 05/12/2006 IN V #5771. Due 05/22/2006. 110.00 6,576.00 05/17/2006 PMT #1723. -200.00 6,376.00 05/27/2006 INV #5856. Due 0610612006. 434.00 6,810.00 05/30/2006 PMT #1733. -200.00 6,610.00 06/14/2006 PMT #1748. -330.00 6,280.00 06/14/2006 PMT #1749. -200.00 6,080.00 06/19/2006 PMT #1753. -165.00 5,915.00 0611912006 PMT #1754. --300.00 5,615.00 06/27/2006 INV #5972, Due 07/07/2006. 967.50 6,582.50 06/30/2006 INV #6004. Due 07/10/2006. 216.00 6,798.50 07/24/2006 INV #6066. Due 0810312006. 226.00 7,024.50 07/31/2006 PMT #1780. -300.00 6,724.50 CVRRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS PAST Amount Due DUE DUE DUE 134.00 395.00 566.00 0.00 7,288.00 $8,383.00 rgei Jun 12 07 .1 1 : 1 :aa Creative Exteriors, Inc. 53 Tannery Road Di(Isburg, PA 17019 (717) 502-1731 Dr. & Mrs. )Ohn Mira 2401 A5cott Way Mechanioburg, PA 17055 717 502 1711 p.3 Statement Date 6/12/2007 Amount Due $8,383.00 Date Transaction Amount Balance 07/31/2006 INV #6104. Due 08/10/2006. 216.00 6,940.50 08/02/2006 INV #6091. Due 08/12/2006. 165.00 7,105.50 08/03/2006 INV #6113. Due 08/13/2006. 55.00 7,160.50 08/28/2006 PMT #1807. -434.00 6,726.50 08/31/2006 INV #6217. Due 09/10/2006. 270.00 6,996.50 0912812006 INV #6256. Due 10/08/2006. 440.00 7,436.50 0912912006 PMT #1830. -200.00 7,236.50 0912912006 INV #6277. Due 1010912006, 315.00 7,551.50 10/30/2006 INV #6449. Due 1110912006. 82.50 7,634.00 10/30/2006 INV #6459. Due 11/09/2006. 180.00 7,814.00 10/31/2006 INV #6442. Due 11/10/2006. 261.00 8,075,00 11/13/2006 PMT #1868. -967.50 7,107.50 11/16/2006 INV #6552. Due 11/26/2006. 81.50 7,189.00 11/16/2006 INV #6557. Due 11/26/2006. 99.00 7,288.00 04/06/2007 INV #6702. Due 04/16/2007. 63.00 7,351.00 04/24/2007 INV #6804. Due 05/04/2007. 385.00 7,736.00 04/30/2007 INV #6868. Due 05/10/2007. 118.00 7,854.00 05/12/2007 INV #6984. Due 05/22/2007. 63.00 7,917.00 05/31/2007 INV#7173. Due 06/10/2007. 332.00 8,249.00 0610912007 INV #7248. Due 06/19/2007. 134.00 8,383.00 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS PAST Amount Due VE DUE DUE 134.00 395.00 566.00 0.00 7,288.00 $8,383.00 P ge 2 N c -_ rFl LA CREATIVE EXTERIORS, INC., Claimant v. DR. JOHN MIRA and HOLLY MIRA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3526 MLD : MECHANICS' LIEN CLAIM PRAECIPE TO WITHDRAW MECHANICS' LIEN CLAIM To the Prothonotary: The above-captioned Mechanics' Lien Claim was filed on June 15, 2007. Unbeknownst to the Claimant, the parry against who the Mechanics' Lien Claim was filed had filed for protection under the Federal Bankruptcy Court on June 12, 2007. Therefore, the Mechanics' Lien Claim as filed was filed in violation of the Automatic Stay Provisions under the Federal Bankruptcy Code. Therefore, would you kindly remove the Mechanics' Lien Claim previously filed in this matter. Respectfully submitted, R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055-3851 Telephone: 717-796-2100 cc: Deborah A. Hughes, Esquire ol?l Y %> tJ C QQ _C -i