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HomeMy WebLinkAbout03-4227CAPITOL DOOR & HARDWARE COMPANY, INC., CLAIMANT VS, INTEGRITY BANK, OWNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. MECHANICS LIEN CLAIM NOTICE TO DEFENDANT NAMED HEREIN: 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 FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 CAPITOL DOOR & HARDWARE COMPANY, INC., CLAIMANT VS. INTEGRITY BANK, OWNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. MECHANICS LIEN CLAIM MECHANICS LIEN CLAIM AND NOW comes the above-named Claimant, by its attorneys, and makes the following Mechanics Lien Claim, pursuant to 49 PS 1501: 1. The name and address of the Claimant is Capitol Door & Hardware Company, Inc. of 774 Corporate Circle in New Cumberland, Pennsylvania 17070. 2. The name and address of the owner is Integrity Bank of 3314 Market Street in Camp Hill, Pennsylvania 17011 (hereinafter "Owner"). 3. This claim arises out of a construction project for work done for a property owned by the Owner at 3314 Market Street in Camp Hill, Pennsylvania. 4. Claimant contracted with Kamand Construction, Inc., who contracted directed with Owner. 5. Claimant provided materials to Kamand Construction, Inc. for use in the project on Owner's property, pursuant to an oral contract and written purchase order between Claimant and Kamand Construction, Inc. entered on or about 31 March 2003 which provided that Claimant would provide certain construction materials to Kamand Construction, Inc. for which Kamand Construction, Inc. would pay Claimant's normal charges and fees. 6. The materials requested by Kamand Construction, Inc. were suppled by Claimant and are described in Claimant's invoices which are attached hereto and marked collectively as Exhibit A. Kamand Construction agreed to pay Claimant the charges and fees for those materials which are listed on Exhibit A. 7. The materials were furnished in and about the erection, construction, and improvement of the property at 3314 Market Street in Camp Hill, Cumberland County, Pennsylvania, which is owned by Owner. 8. The nature and kind of materials furnished by Claimant were doors, door frames, and related hardware. 9. The amount which is still due to Claimant and chargeable against the property of Owner is $4,388.40, being the price which Kamand Construction, Inc. agreed to pay for the materials which Claimant supplied. Claimant has no Note or other collateral security for its claim. 10. The materials were first furnished to the project on or about 31 March 2003. The last materials were furnished on or about 12 June 2003. 11. Written notice of the intention to file this claim was properly served upon the Owner on or about 19 July 2003 by certified mail at Owner's address at 3314 Market Street in Camp Hill, Pennsylvania 17011. 12. This lien is claimed from the date when the first visible work commenced on the project or from 31 March 2003, and against the ownership interest of the Owner in the property. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Mechanics Lien Claim are true and correct. understand that any false statements in this Mechanics Lien Claim are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Capitol Door & Hardware Company, Inc. M at't-h c~t~v- ST Neff, Controller CERTIFIED MAIL SAMUEL L. ANDES 18 July 2003 FIL£ Integrity Bank 3314 Market Street Camp Hill, PA 17011 RE: Kamand Construction, Inc. Gentlemen: I represent Capital Door & Hardware Co., Inc., Of 774 Corporate Circle in New Cumberland, Pennsylvania, 17070. My client supplied construction materials to Kamand Construction, Inc., on a project that company did for you at 3314 Market Street in Camp Hill, Pennsylvania. My client has not been paid and I write to notify you of that and to ask that you provide the following information to me within the next ten days: 1. Was there a payment or performance bond posted by Kamand Construction, Inc.? If so, please provide me with a copy of that bond. 2. If no bond was posted, was there a stipulation against mechanics liens filed to this project? If so, please provide me with a copy fo that. At this point my client is owed a balance of $4,388.40. I enclose copies of invoices, ledgers, and other documents to describe the materials that were supplied, the prices charged for those materials, and the balance now due. Please consider this formal notice of my client's claim. Please let me hear from you or your attorney in response to this letter within the next ten days and please provide the above information to me within that time. Sincerely, Capital Door & Hardware Co., Inc. Samuel L. Andes Capitol Door & Hardware Company 774 Corporate Circle New CumbeHand, pa, 17070 Phone: (717) 774-7440 · FAX: (717) 774-6992 BILL TO: Kamand Construction, Inc. 203 Lynndale Court Mechanicsburg, PA 17050 SHIP TO: i1B¥©ll¢.r Invoice Number: 19078 Date: 6/12/03 Due Date: 7/12/03 Terms: Net 30 Days Customer PO: 03007-PO 02 Shippod Via: Company Truck Date Shipped: Customer ID: lC~A MAN D QUANTITY DESCRIPTION '~£ UNIT PRICE Y EXTENDED Finish hardware per contract Hollow metal per contract Wood doors per contract CDH1383 - Integrity Bank -350.00 -300.00 -25.00 VFe appreciate your business Check No.: Su btota I -675.00 Freight Sales Tax -40.50 Total Invoice Amount $-715.50 Payment Received TOTAL DUE $-715.50 FORM #CDH-10 [OD O0 Capitol Door & Hardware'Company 774 Corporate Circle New Cumberland, PA 17070 Phone: (717) 774-7440 · FAX; (717) 774-6992 BILL TO: ' Kamand Construction, Inc. .203 Lynndale Court Mechanicsburg, PA 17050 SHIP TO: Invoice Number: 18995 Date: 5/29/03 Due Date: 6/28/03 Terms: Net 30 Days Customer PO: 03007-PO 02 extra Shipped Via: CompanyTruek Date Shipped: 5/29/03 Customer ID: KAMAN D f QUANTIT'( V DESCRIPTION UNIT PRICE '~/ EXTENDED 1.00 LOCKSET CL3320-NZD-626 CDH1383 - Integrity Bank- extra 120.00 120.00 We appreciate your business Check No.: FILE COPY Subtotal Freight Sales Tax Total Invoice Amount Payment Received TOTAL DUE 120.00 7.20 $127.20 $127.20 FORM #CDH-IO O0 00 Capitoi Door & Har'dWare Company 774 Corporate Circle New Cumberland, PA 17070 Phone: (717) 774-7440 · FAX: (717) 774-6992 BUILDERS HARDWARE ARCHITECTURAL WOOD DOORS HOLLOW METAL DOORS & FRAME~ ORDER NUMBER 15395 FOR SERVICE CALL: RECEIVED ABOVE IN GOOD CONDITION Customer's Signature BILLING FOLDER COPY Capitol Door & Hardware Company 774 Corporate Circle New CumberJand, PA 17070 Phone: (717) 774-7440 · FAX: (717) 774-6992 BILL TO: Kamand Construction, Inc. 203 Lynndale Court Mechanicsburg, PA 17050 SHiP TO: Invoice Number: 18922 Date: 5/14/03 Due Date: 6/13/03 Terms: Net 30 Days Customer PO: 03007-PO 02 Shipped Via: CompanyTmck Date Shipped: 5/14/03 Customer ID: KA MAND QUANTITY DESCRIPTION UNIT PRICE ~ EXTENDED ~' Finish hardware per contract Finish hardware per change order CC1 Hollow meta/per contract Wood doors per contract Wood doors per change order CC1 CDH1383 - Integrity Ba~k 2,300.00 150.00 400.00 1,025.00 120.00 We appreciate your business Check No.: FII I:: PdSPY Su btota I Freight Sales Tax Total Invoice Amount Payment Received TOTAL DUE 3,995.00 239.70 $4,234.70 $4,234.70 FORM #CDH-10 Capitol Door & Hardware company 774 Corporate Circle New Cumberland, PA 17070 Phone: (717) 774-7440 FAX: (717) 774~6992 ~UILDERS HARDWARE ARCHITECTURAL WOOD DOORS HOLLOW METAL DOORS & FRAMES Joe ORDER NUMBER 153 4 FOR SERVICE CALL: ~,/' / Customer's Signature BILLING FOLDER COPY o~ mO Capitol Door & Hardware Company 774 Corporate Circle New Cumberland, PA 17070 Phone: (7'[7) 774--7440 · FAX: (717) 774-6992 SILLTO: Kamand Construction, Inc. 203 Lynndale Court Meeh-'micsburg, PA 17050 SHIP TO: Invoice Number: ]8809 Date: 4/30/03 Due Date: 5/30/03 Terms: Net 30Days Customer PO: 03007-PO 02 Shipped Via: CompanyTmck Date Shipped: 4/30/03 Customer ID: KAMAND QUANTITY DESCRIPTION Hollow metal per contract CDH1383 - Integrity Bank 100.00 appreciate your business CheckNo.: FILE COPY Subtotal 100.00 Freight Sales Tax 6.00 Total Invoice Amount $106.00 Payment Received TOTAL DUE $106.00 FORM #CDH-10 Capitol Door &Hardware Company 774 Corporate Circle New Cumberland, PA 17070 Phone: (717) 774-7440 · FAX: (717) 774-6992 BILL TO: Kamand Construction, Inc. 203 Lynndale Court Mechanicsburg, PA 17050 QUANTITY SHIP TO: Kamand Construction c/o Integrity Bank 3314 Market Street Camp Hi~l, PA 1701 ! DESCRIPTION Invoice Number: !8631 Date: 4/4/03 Due Date: 5/4/03 Terms: Net 30 Days Customer PO: 03007-PO 02 Shipped Via: CompanyTmck Date Shipped: 3/31/03 Customer ID: KAMAN D V UNIT PRICE Y EXTENDED Hollow metal per contract CDHI383 - Integri .ty Bank 600.00 We appreciate your business CheckNo.: FILE COPY Subtotal 600.00 Freight Sales Tax 36.00 Total Invoice Amount $636.00 Payment Received TOTAL DUE $636.00 FORM #CDH-IO CAPITOL DOOR & HARDWARE COMPANY, INC., CLAIMANT VS, INTEGRITY BANK, OWNER liN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4227 MLD TERM MECHANICS LIEN CLAIM PRAECIPE TO THE PROTHONOTARY: Please withdraw the Mechanics Lien Claim previously filed in this matter by the Claimant Capitol Door & Hardware Company, Inc. 10 September 2003 Sah~el L. Ande~ ~J Attorney for Claimant Supreme Court ID # 17225 525 North 12~h Street Lemoyne, Pa 17043 (717) 761-§361 SHERIFF'S RETURN - REGULAR CASE NO: 2003-04227 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITOL DOOR & HARDWARE CO INC VS INTEGRITY BANK JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM INTEGRITY BANK OWNER , at 1055:00 HOURS, on the at 3345 MARKET ST CAMP HILL, PA 17011 KIM RUSSELL, VICE PRESIDENT, a true and attested copy of MECHANICS was served upon the 8th day of September, __ 2003 by handing to ADULT IN CHARGE LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /? ~-- day of g~rothonotary So Answers: R. Thomas Kline 09/09/2003 SAMUEL ANDES LOWER ALLEN TOWNSHIP ROBERT W WAEGER In thc Court of Common 'Pleas of Cumberland County, Penn,ylvanla Judgment in favor of Plaintiff on ..................... ............................... for $_2_ _5_?_t _5 4 No 02-4227 CIVIL ....................... TeFITI~ ...... Entered --S--E-i~--r~--E-~-B--E--R---5-, ............. 2Q--0-2-- LOWER ALLEN TOWNSHIP Plaintiff in the above Judgment, do appc'ar and acknowledge that ~lJ~_l~ 12, 2003 this day have had and received and f,.o~. ...... _R_ _o_ ~ ~E~.T_ _ _w__ _ _w_/klkq t~_]g ..................................................................... the defendant in the above Judgment, full payment and saisfaction of the stone, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. CURTIS R. LONG And further, do hereby authorize and empower ..................................................... FOR US .................... theProthonotary of said Court, to appear .............................................. and in OUR name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as WE could were WE personally present in person to do so. And for so doing this nhn]l be your sufficient warrant of authority. In testimony whereof, have hereunto ~et our hand, ~nd seals this ..................................... State of Penmylvanla ] ............................................... (Seal) County of Gumberland~ THOMAS G. VERNAU, JR. Pe~ona~y appeared before me~ the ~ubscriber~ ............................................................. ASSISTANT TOWNSHIP MANAGER LOWER ALLEN TOWNSHIP ........................................................................................ the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be act and de~d~ and desired tlmt ti~ stogie shall be filed of record in the office of the Prothon- otary of thc Court of Common Pleas of said County. ~t- In tes~n/~f, I have hereunto ~t my ~d and ,eM ~s .... ~]_ ..................................... .............................