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Home My WebLink About03-4247ANDREW W. BARBIN, ESQUIRE Attorney I.D. 43571 ANDREW W. BARSIN, 5020 Ritter Road, Suite 109 Mechaniesburg, PA 17055 717-506-4670 Attorney for Claimant Paul Tucker PAUL TUCKER cVb/a Paul Tucker Carpentry 671 South Mountain Road Dillsburg, PA 17019 Ve Claimant DONALD E. SLIKE d/b/a DES Associates PO Box 292 : Camp Hill, PA 17011 : AND : FRANK ROBERTO : d/b/a The Hop : 1111 Spring Road : Carlisle, PA 17013 : Respondents : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. .. _. NO. : ._ : MECHANICS LIEN CLAIM Paul Tucker, by and through counsel, Andrew W. Barbin, P.C., hereby files this Mechanics Lien Claim, pursuant to 49 P.S. § 1503, based upon the following: The Parties 1. Paul Tucker is an adult male citizen of Pennsylvania who provided services as a Contractor, and sole proprietor. 2. Frank Roberto, is an adult male citizen, who contracted for services from (Tucker) as business owner and tenant of the property known as "the Hop" at 1111 Spring Road, Carlisle, PA. 3. Donald E. Slike, d/b/a DES Associates, PO Box 292, Camp Hill, PA 17011, is the record owner of the property at 1111 Spring Road, Carlisle, PA. 4. The lien is asserted against the leasehold and fee at 1111 Spring Road, Carlisle, PA. Facts Upon Which Lien is Asserted The property which is subject to the lien is known as 1111 Spring Road, Carlisle, PA 17013. 6. 7. Roberto leased the premises from Slike at 1111 Spring Road, Carlisle, PA. Roberto contracted with Roberto to provide improvements to the property at 1111 Spring Road, Carlisle, PA. 8. It is believed and averred that the improvements were acknowledged to be at the authorization of and for the benefit of the owner Slike under the terms of the lease, but no copy of the lease has been provided to Tucker, and it remains in the possession of Roberto and Slike. 9. Donald Slike leased said premises to Frank Roberto for use as a restaurant. Donald Slike approved of the improvements both implicitly and explicitly. The improvements were necessary for the use of the premises as a restaurant. They were for the immediate benefit and use of Donald Slike. 10. Tucker performed the contract diligently and in a workmanlike manner by himself and through subcontractors and material men. 1 I. Roberto orally contracted with Paul Tucker for the improvements. Roberto made several payments during construction of the improvements, but refused to pay the remaining portion of his bill after the work was completed. 12. 13. 14. The last date on which services and materials were supplied was April 30, 2003. The work was completed and a final invoice was issued. Roberto has refused to pay for services or materials. 2 15. Tucker files this claim as a contractor. 16. Attached hereto is a copy of the account statement with breakdown of related charges. Original invoices and receipts are available but not attached because they are voluminous. 17. The amount due is Nineteen Thousand Seven Hundred One Dollars and Seventy- Five Cents ($19,701.75). 18. The improvement and property claimed to be the subject to the lien are "The Hop" restaurant including the building, fixtures and adjoining parking located at 1111 Spring Road, Carlisle, PA. y~/~~ Respectfull ~'A/~, d~.ew W. Barbm"fi~'~ A~tty7 I.D. #43571 ANDREW W. BARBIN, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 Counsel for Claimant DATED: t~x;J'- 9g( ;loo:3 3 "EXHIBIT A" Date Description Supplier Amount 1/15 Propane Uhaul $46.84 1/16 Payment Frank 1/16 Fuel for generator Gas $23.10 1/16 Masonry work Herb and Ed $814.20 1117 Propane Uhaul $46.84 1/17 Labor Adam $1'80;00 1/17 Labor Dave $800.00 1/17 Fan rental Drlvekore $38.12 1/17 Labor Paul $1,175.00 1/22 Jackhammer rental Drivel(om $50.84 1/22 Steel Ritner Steel $69.96 1/22 J channel, AluminUm Kohl $116.52 1/22 Masonry work Herb and Ed $412.50 1/23 Labor Paul $900.00 1/23 Payment Frank 1/23 Tool rantal, Propane Drivekore $323.14 1/27 Keys Castlee $5.70 1/29 Lumb~', Hdwe Home Depot 1/29 Mountmeetars Kohl $12.87 1/30 Labor Paul $700.00 2/1 Payment Frank 2/1 Lurnl:~' TLY ~47.93 2/3 Fax Office Max $3.95 2/6 Labor Dave $150.00 2/7 Labor Paul $8.50.00 2/7 Payment Frank 2/8 Plybead Home Depot $39.39 2/12 Sakre{e Carlisle Cemant $55.38 2/13 Roc, kite Castles $8.73 2/13 Steel Ritner Steel $58.30 2/13 Angle iron Carlisle Cement $11.66 2/14 Labor Paul $1,037.50 2/18 Payment Frank 2/19 Postcap$ Home Depot $7.68 2/21 Labor Paul $700.00 2/22 LUmber Home Depot $37.86 2/26 Payment Frank 2/28 Labor Paul $1,025.00 2/28 Plybead Home Depot $381.07 2/28 Labor Adam $210.00 3/1 Lumber TLY $838.23 3/4 Cro~s tees Home Depot $16.51 3/4 Ceiling materials Kirby's $193.19 3/6 Booth Mata~ial ECSnyder $2,850.87 3/7 Payment Frank 3/7 Labor Paul $1,125.00 3/7 Labor Adam $225.00 3/13 Payrne~t Frank 3/17 Lumber Kirby's $773.09 3/19 Lumber Home Depot $18.00 3/19 Flooring M&Z $3,488.71 3/20 Lumber Castles $10.00 3/21 Electrical work G~,;,ey $4,630.43 Payments $4,000,00 $3,000.00 $1,000.00 $5,000.00 Balance 3/25 Lumber Home Depot $215.61 3/26 Block Carlisle Cement $8.90 3/27 Dryweil hang & Finish Dillon $2,687.59 3~28 Fluorescent bulbs Castles $19.89 3/28 Lumber Castles $162.22 3~28 Covebese M&Z $1,013.76 3/29 Hardware Eberly $207,72 3/30 Payment Frank 3/31 Masonry work Herb and Ed $522.50 3/31 Propane Uhaul $61.12 3/31 Lumber TLY $132.96 4/1 Lumber Kirby's $252.38 4/1 Counters J&J $2,126.57 4/2 Lumbar TLY $34.26 4/2 Ceiling Materials Kirby's $28.13 4/3 Salamander rental Paul $100.50 4/3 Lumber Castles $773.38 4/4 Labor 3110-4/4 Paul $4,050.00 4/4 Payment Frank 4/7 Hinges Castles $4.93 4/8 Lumber Kirby's $277.50 4/10 Lumber Castles $13.26 4/10 Lumber, fuel ceils 84 Lumber $73.37 4/11 Labor Dave $1,110.00 4/11 Labor Paul $1,000.00 4/11 Payment Frank 4/16 Electrical work Gaffney $14,000.00 4/18 Labor Dave $1,000.00 4/19 Labor Paul $550.00 4/26 Labor & materials Dave $763.00 4/29 Labor & materials Dave $635.00 4/30 Countertop J&J $137,50 4/30 Labor Paul $800.00 $5,000.00 $3,000.00 Date Descriptioh Supplier Amount Payments Balance $57,701.75 $38,000.00 $19,701.75 1t15 prOPane 1/1-6- P=~..'m~.r4 · . 1'/16 Lumber · '~/46-Rue[ far ganaraiet--- · 1/16 Masonry v.~ork ~/~7.Pmpan~ ...... 1/1.7 Labor 1/17 Labor 1/22 J channel, Aluminum 1/22 Masom'Twork' ......... 1/23 Labor 1/23 Tool rental, Propane 1/23 Lumber-. 1/27 Keys 1/29 Lumber, Hd~ve 1/29 Mountmasters 1-PJe Laber- 2/1 Payment 2/3 Fax 2/7 Labor 2/7- P=>,'m.,c,~'.... 2/8 Plybead 2/13 RockJte 2/13 Angle Iron 2/,t4-Labo~ .... 2/18 Payment 2/19 Poatcaps 2/21. Labor ~ L~.,.L~ ....... 2/26 Payment 2/28 Plybead 3/1 Lumber 3/4 0r~ taw ' 3/4 Ceiling materials 3/6-Di=o[I, MarsHal 3/7 payment 3~ Eaber-.- 3/7' Labor 3/13 Payme~-. · 3/17 Lumber · 3/1~ Lun~be[ -. · 3/19 Fl~'ing 3/21 Electric. a[ work Uhaul $46~84 ~-enk- ..... ' TLY Gee ......... Herb and Ed ~_. Adam $~00~. Paul $1,1~.00 ~hl ~~ ..... ~1Z50~ P.u ~. Drivekore $324.83 Ca.les H~e ~h, $12;S7 ~L~ ........ Paul Home Castl~ ~.73~ ..... K .3o F~k Ho~ ~ ......... ' $7.6av Paul $7~.0~ H~.~e ~ ....... ~7~ Frank ~ ~5,o0 Ho~ Dep~ ' $3~.07 TLY ~8.23~ ~'s; $193.19 Frank ~-. · · .'~%~5.00 Adam $~.~ Ho~e D~ ........ $18.~ ~ s3,~.7~ Gaffney ~,~.43 3/25 Lumber . HorneDepc~. 3/26 Block Carlisle Cement. 3/2B Fluorescent bulbs Castles 3/28 COVebase . IVt&Z 3/30 Payment Frank 3/31 propane Uhaul 3/31 Lun~e~ - ~r~.¥ ....... 4/1 Lumber Kirby's ~ .... j~._. 4/2 Ceiling.Materials Kirby's 4~D-Salamc~ele~ rar~l · ...Reu~--.. 4/3 Lumber . .Castles 89~' · .$,162,22 -' ' $1,0~.76 ~' 4/4. Payr~ent Frank 4/10 Lum~r C~les $1~.~ ..... ~~ ....... ~$73.37~ ~11 Lair Dave · t/11 ~ ~ .... ~.. ~11 Pa~ Fr~k .... .~~. ~ .... ~18 ~bor ' Dave · $I,~.~ '. ' · /1'9 L~, · .... ~ .... .... ~ ~r&~ls Dave $7~.~ ~~ ~als ~ ....... ~.~ ~ C~u~e~op j~ $13~.~~ D~e ' ~ion Supplier ~ou~ . Pa~s' Bal~n~ ANDREW W. BARB[N, ESQUIRE At/orney I.D. 43571 ANDREW W. BARBIN, P.C. 5020 Rimer Road, Suite 109 Meehanicsburg, PA 17055 717/506-4670 Attorney for Claimant Paul Tucker PAUL TUCKER 671 South Mountain Road Dillsburg, PA 17019 Claimant DONALD E. SLIKE : d/b/a DES Associates : P.O. Box 292 : Camp Hill, PA 17011 : AND : FRANK ROBERTO : d/b/a The Hop : 1111 Spring Road : Carlisle, PA 17013 : Respondents .' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. VERIFICATION I, Paul Tucker do hereby state that the statements made in the foregoing mechanics lien claim are true and correct based upon my knowledge information and belief. I understand that false statements are made subject to penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Paul Tucker Dated: REGULAR SHERIFF'S RETURN - CASE NO: 2003-04247 P COMMONWEALTH OP PENNSYLVANIA: COUNTY OF CUMBERLAND TUCKER PAUL VS SLIKE DONALD DBA DES ASSOCIATE HAROLD WEARY , Cumberland County, Pennsylvania, says, the within MECHANICS LIEN CLAIM SLIKE DONALD E D/B/A DES ASSOCIATES OWNER at 2017:00 HOURS, on the at 100 EAST LAUER LANE CAMP HILL, PA 17011 ROSE SLIKE, WIFE a true and attested copy of MECHANICS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of September, 2003 by handing to 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 ~u~ ,~_, ~ ~ A.D. honorary So Answers: R. Thomas Kline 09/10/2003 ANDREW BARBIN By: SHERIFF'S RETURN - REGULAR CASE NO: 2003-04247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TUCKER PAUL VS SLIKE DONALD DBA DES ASSOCIATE CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, who being duly says, the within MECHANICS LIEN CLAIM was ROBERTO FRANK D/B/A THE HOP OWNER at 1616:00 HOURS, on the at 1111 SPRING ROAD CARLISLE, PA 17013 MICHAEL COMISKEY, SON IN LAW, a true and attested copy of MECHANICS LIEN CLAIM Sheriff or Deputy Sheriff of sworn according to law, served upon the 8th day of September, by handing to ADULT IN CHARGE together with 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this 7~;~ day of ~3~,. ~. ~k~ A.D. othonotary ' So Answers: R. Thomas Kline 09/10/2003 ANDREWBy:BARBIN ~~ ~ ~' Deputy Sh~ff