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HomeMy WebLinkAbout07-5975Recording requested by o. - S'? 7 M 4b and mailed to: Claim of Mechanic's Lien The undersigned claimant, 1,-J 1 'go 2-,,) H i S t, c.. , furn the real property located in of om 3Egj-4,vi County, State of described as /q E, ^4//I S',- 6?ALa/Lri- -Tbm work of improvement upon jAV Xv4- v6AJ-1,4 and Afte deducting all just credits and offsets for claimant's work and material, claimant is due the sum of $ v?OO e _ together with interest thereon at the rate of 0 % annum from A*; 2_0 Claimant performed work at the request of Name and address of Owner Ae.T z tJ -5-7-. aimant's Signature Notary Acknowledgment State of W3 G/ L 0.4AJ/ f? ) County of aa to P!C G•4 N ss On the -/#day of OCTD e.< , 2007 before me (here insert name and title of the officer), personally appeared Jnu (- 13 aX/V Al s G L- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf? the person(s) acted, executed the instrument. WITNESS v hand an officiiAsear:-? NOTARIAL SEAI PAUL J. SLIFKO Notcxy Pubbc CARLISLE BOROUGH CUMBERLAND COUNTY ?u+? y?ptCti4t 31?,115?A3 MA 144) VERIFICATION I, 30jji bO2A)if IS&L, am the claimant in the foregoing Claim of Mechanics' Lien. I have read said Claim of Mechanics' Lien, and know the contents to be true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 200 t7 at(,t?Al`AtAJD , State of&CZ- V141vl'q C'ou? Ygnature r? aof ?n? t7 t C= cz n7 rTr ? ty r? rr7 ? , W 1a C_,- lCi ? ? a r Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean Attorney I.D. No. 86301 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, Plaintiff CIVIL ACTION - LAW V. Jason D. Artz, Defendant No. 07-5975 MLD DEFENDANT'S MOTION TO STRIKE MECHANIC'S LIEN CLAIM FOR LACK OF CONFORMITY WITH LAW AND NOW COMES Defendant, Jason D. Artz, by and through its attorneys, Latsha Davis Yohe & McKenna, P.C., objecting to Plaintiff's Mechanic's Lien Claim for lack of conformity with law, and files this Motion to Strike, of which the following is set forth in support thereof: 121981 1 1. On October 11, 2007, Plaintiff/ Claimant Jon T. Burnhisel ("Burnhisel") filed a Claim of Mechanic's Lien against the property owned by Defendant Jason D. Artz ("Artz") located at 14 E. Main St., Walnut Bottom, Cumberland County, Pennsylvania 17266. See Claim of Mechanic's Lien attached as Exhibit A. 2. Since the Claim of Mechanic's Lien was filed, Burnhisel has not served written notice of this filing on Artz as required by the Mechanics' Lien Law, 49 P.S. §1502(a)(2). 3. Burnhisel has filed neither an affidavit of service nor an acceptance of service as required by the Mechanics' Lien Law, 49 P.S. §1502(a)(2). 4. Burnhisel failed to include in his Claim of Mechanic's Lien a detailed statement of the kind and character of the labor or materials furnished as required by the Mechanics' Lien Law, 49 P.S. §1503(6). 5. Burnhisel failed to include in his Claim of Mechanic's Lien such description of the improvement as may be reasonably necessary to identify it as required by the Mechanics' Lien Law, 49 P.S. §1503(8). 6. There is no opposing counsel of record. 7. No Judge has ruled on any other issue in this or a related matter. 121981 2 WHEREFORE, Defendant/ Owner Jason D. Artz respectfully requests that this Honorable Court STRIKE Plaintiff's Claim for Mechanic's Lien and that the lien and claim filed in the above matter be taken off of the Mechanic's Lien Docket and Judgment Index. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, PC Dated. O? By: Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean, Esquire Attorney I.D. No. 86301 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz 121981 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, CIVIL ACTION - LAW Plaintiff V. No. 07-5975 MLD Jason D. Artz, Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class United States mail, postage prepaid, upon the following: Jon T. Burnhisel 101 E. Main Street Walnut Bottom, PA 17266 Dated: 3 (-7 OQ '6/' r :?/) -e--dr-c- Andrea E. Dean 121981 MOW %OE '?fl3?v A' S31d3S000O6 fifi Recording requested by and mailed to: NO. 07- S?7r Mob Claim of Mechanic's Lien The undersigned claimant, J-l T & Q-d t4 t s G (- , fum the real property located in Cum J6g-L 4,V D County, State of described as /y E, /),4fAl -V !a1Ata107- -66-.-Mtn work of improvement upon ?rt -A/1„ vOUNA and After deducting all just credits and offsets for claimant's work and material, claimant is due the sum of $ 0700 ea together with interest thereon at the rate of 0 % annum from 2j2a Claimant performed work at the request of J q SOnI 1, 14 j , 2 Name and address of Owner w -P• A 2T o /A/ 1!7,41! S:. &Mj 4??, = xz?, iSignature Notary Acknowiedgment State of ?Ll KS c?(L QJ4 AJ1 I ) County of ,u of ber tAAl6 ) On the Lly%day of Odr,0 6 < . 2 dW 7 before me (here insert name and title of the qfficer? personally appeared basis of satisfactory evidence) personally known to me (or proved to me on the ) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/herhheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf the person(s) acted, executed the instrument. WITNESS v hand an offie resear--? n w Sign) N A M SrrAL PAUL J. SUFKO Pu"k C? Ery90R000H CtlMMAND COUNTY 7??? Y?tti)1+,t?-A VERIFICATION I, Joij 1 • -6u2tjf+?SCI- am the claimant in the foregoing Claim of Mechanics' Lien. I have read said Claim of Mechanics' Lien, and ]mow the contents to be true of my own Imowledge. I declare under penalty of per ury that the foregoing is true and correct. Executed on 200'?, at6,,kc-9tA,j? , State of?G ?/AAtI COO ture c Av -7Z.42 (a C= Q ` "- -' \A o ll r rrl rT C > m 33 i -oFn W p l? L_ ? ?" `?" C cm '. C JON T. BURNHISEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-5975 MLD JASON D. ARTZ, Defendant IN RE: DEFENDANT'S MOTION TO STRIKE CLAIM OF MECHANIC'S LIEN FOR LACK OF CONFORMITY WITH LAW RULE TO SHOW CAUSE AND NOW, this "f ' day of March, 2008, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. depositions shall be completed within forty-five (45) days of this date; 5. argument shall be held on Thursday, May 29, 2008, at 9:00 a.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, '44 Hess, J. O S cz W8 ? I m 000Z IHI 40 r Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean Attorney I.D. No. 86301 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, CIVIL ACTION - LAW Plaintiff V. No. 07-5975 MLD Jason D. Artz, Defendant AFFIDAVIT OF NOTICE Notice of the Rule to Show Cause, which was issued by Court Order dated March, 14, 2008, was served on March 17, 2008 on Plaintiff Jon T. Burnhisel. 122301 This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, PC Dated:' 3 / 7 ,o By: - dk Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean, Esquire Attorney I.D. No. 86301 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz imoi 2 A S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, CIVIL ACTION - LAW Plaintiff V. Jason D. Artz, Defendant No. 07-5975 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class United States mail, postage prepaid, upon the following: Jon T. Burnhisel 101 E. Main Street Walnut Bottom, PA 17266 Dated: 3 ( 710 Andrea E. Dean 122301 rv C7 Fri cry >- _ arm C..3 Ol { Glenn R. Davis Attorney I. 6. No. 31040 Andrea E. Doan Attorney I.D No. 86301 Latsha Davis, Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) Attorneys for Defendant, Jason D. Artz I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Bur sel, Plaintiff V. Jason D. Defendant AND CIVIL ACTION - LAW No. 07-5975 MLD DANT'S MOTION TO MAKE RULE ABSOLUTE AND STRIKE MECHANIC'S LIEN CLAIM FOR LACK OF CONFORMITY WITH LAW COMES Defendant/ Petitioner, Jason D. Artz, by and through his attorneys, Latsha Davis Yohe & McKenna, P.C., and moves to make the rule absolute and requests that the Mechanic's Lien Claim be stricken, of which the following is set forth in suvv6rt thereof: 1M14 1 1. On October 11, 2007, Plaintiff/ Respondent Jon T. Burnhisel ("Burnhisel") filed a Claim of Mechanic's Lien against property owned by Defendant/ Petitioner Jason D. Artz ("Ariz"). See Claim of Mechanic's Lien attached as Exhibit A. 2. I On March 11, 2008, Artz filed with this Court his Motion to Strike Mechanic's Dien Claim for Lack of Conformity with Law. See Motion to Strike attached as Exhibit B. 3. On March 14, 2008, this Court issued a Rule to Show Cause regarding Artz's Motion to Strike, in part stating that "the respondent shall file an answer to the petition within twenty (20) days of service" and requiring Artz to provide a notice of the entry of the order to all parties. 4. On March 17, 2008, Artz provided notice to Burnhisel of the Court's March 14, 20Q8 order and attached the Court's Rule to Show Cause for Burnhisel's ience;l Artz filed an Affidavit of Notice with this Court on March 18, 2008 reflecting such notice. See Affidavit of Notice attached as Exhibit C. 5. Burnhisel failed to file an answer within the 20-day period ordered by the Court and has failed to file any answer. 6. All averments of fact in the Motion to Strike (Exhibit B) may be deemed admitted because Burnhisel failed to file an answer. 7. I Artz respectfully requests that this Court consider the averments of fact in the Motion to Strike as admitted and enter an appropriate Order striking Burnhisel's Claim of Mechanic's Lien. 122814 2 RE, Jason D. Artz respectfully requests that this Honorable Court make the Rude to Show Cause Absolute and STRIKE Plaintiff's Claim for Mechanic's Lien, taking the lien and claim filed in the above matter off of the Mechanic's Lien Docket and judgment Index. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, PC Dated:-'I o ag By: Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean, Esquire Attorney I.D. No. 86301 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz 122814 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Jason D. sel, CIVIL ACTION - LAW Plaintiff V. No. 07-5975 MLD Defendant CERTIFICATE OF SERVICE The foregoing the Dated: hereby certifies that on this date a true and correct copy of the was served by first-class United States mail, postage prepaid, upon Jon T. Burnhisel 101 E. Main Street Walnut Bottom, PA 17266 C (0 fbS Andrea E. Dean 121981 'M O'd %06 '?Q31?A?3H. S31H3S 00009 . r -&.I- Recording requ ted by and mailed to: The undersil the real prop described as $ gP1G 2_Q?. Claimant No• Claim of Mechanic's Lien claimant, 14 T. -& r2tj H I S & C , furr ,j, State of located in CUm t36R14N Count Sl E. rn?4?n1 S- L?AWOT- Lb7Z/"-- 6 7 - S'? 7r M k-d work of improvement upon rx1,NL v01MiA and in all just credits and offsets for claimant's work and material, claimant is due the sum of together with interest thereon at the rate of 0 % annum from lqv( , lS" work at the request of AR 50n1 1). 4,p 7-,2 Name and addif ess of T mart's Signature Notary Acknowledgment State of ea KU#N1 ) Countyof Af !G t ,4 A) ) ss On the da of ?CTDI,gE/? , 2 Od before me JX•t+?i 3 GC (here insert na and title ofthe qfflcer), personally appeared (- T,31 personally known to me (or proved to me on the basis of satisf evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and knowledged to me that he/shehhey executed the same in his/her/their authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf tho person(s) acted, executed the instrument. WITNESS v h d an offAaMseaC-- /1 _ f PAUL J. COUNTY '' m ?ytoN . J H VERIFICATION 00"i-I. vQA)4iSCZ- am the claimant in the foregoing Claim of Mechanics' Lien. I have read said Claim of Mechanics' Lien, and know the contents to be true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on T, 1 ? , 200 r, at e0ffl z-9IA JD State of r itJs G vi4Ni rl 1..: r- ' - e y J Cs r M D'd %0E 0013038 83IH3S 00009 a' C N Ij C1] Glenn R. Da is Attorney I. . No. 31040 Andrea E. D ean Attorney I. D . No. 86301 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Cr eek Boulevard, Suite 140 Mechanicsbu rg, PA 17050 (717) 620-242 4 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Jason D. AND Latsha Davi lack of conf( forth in s Attorneys for Defendant, Jason D. Artz CIVIL ACTION - LAW V. No. 07-5975 MLD Defendant DEFENDANT'S MOTION TO STRIKE MECHANIC'S LIEN CLAIM FOR LACK OF CONFORMITY WITH LAW NOW COMES Defendant, Jason D. Artz, by and through its attorneys, Yohe & McKenna, P.C., objecting to Plaintiff's Mechanic's Lien Claim for rmity with law, and files this Motion to Strike, of which the following is set )ort thereof: 121981 1 1. On October 11, 2007, Plaintiff/ Claimant Jon T. Burnhisel ("Burnhisel") I filed a Claim oMechanic's Lien against the property owned by Defendant Jason D. Artz ("Artz) located at 14 E. Main St., Walnut Bottom, Cumberland County, Pennsylvania 17266. See Claim of Mechanic's Lien attached as Exhibit A. 2. (Since the Claim of Mechanic's Lien was filed, Burnhisel has not served written notice of this filing on Artz as required by the Mechanics' Lien Law, 49 P.S. §1502(a)(2). 3. Burnhisel has filed neither an affidavit of service nor an acceptance of service as re uired by the Mechanics' Lien Law, 49 P.S. §1502(a)(2). 4. IBurnhisel failed to include in his Claim of Mechanic's Lien a detailed statement of ?he kind and character of the labor or materials furnished as required by the Mechanic' Lien Law, 49 P.S. §1503(6). 5. (Burnhisel failed to include in his Claim of Mechanic's Lien such description o the improvement as may be reasonably necessary to identify it as required by t e Mechanics' Lien Law, 49 P.S. §1503(8). 6. (There is no opposing counsel of record. 7. INo Judge has ruled on any other issue in this or a related matter. 121981 2 RE, Defendant/ Owner Jason D. Artz respectfully requests that this Honorable Court STRIKE Plaintiff's Claim for Mechanic's Lien and that the lien and claim filed in the above matter be taken off of the Mechanic's Lien Docket and Judgment Index. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, PC Dated:- 3 Og By: , ;, 4 /vim --- Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean, Esquire Attorney I.D. No. 86301 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz 121981 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, CIVIL ACTION - LAW Plaintiff V. No. 07-5975 MLD Jason D. Defendant CERTIFICATE OF SERVICE The u dersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class United States mail, postage prepaid, upon the Jon T. Burnhisel 101 E. Main Street Walnut Bottom, PA 17266 Dated: 3 Andrea E. Dean 121981 M"o d %0£ ®Q31?AJ3d S31d3800008 ` u ', Glenn R. Davis Attorney I. D No. 31040 Andrea E. De in Attorney I.D. No. 86301 Latsha Davis ohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg. PA 17050 (717)620- C') N C= ? O G? t .,i ._ +, l Attorneys for Defendant, Jason D. Artz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. aintiff CIVIL ACTION - LAW No. 07-5975 MLD Jason D. N March, 14, Defendant AFFIDAVIT OF NOTICE of the Rule to Show Cause, which was issued by Court Order dated ?8, was served on March 17, 2008 on Plaintiff Jon T. Burnhisel. 122301 This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn ification to authorities. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, PC Dated: By: ? ;? , -(>- /r,- ? -> ? ? Glenn R. Davis Attorney I. D. No. 31040 Andrea E. Dean, Esquire Attorney I.D. No. 86301 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Defendant, Jason D. Artz 122301 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhi el, laintiff CIVIL ACTION - LAW No. 07-5975 MLD Jason D. Artz, Defendant The un ersigned foregoing the following: CERTIFICATE OF SERVICE hereby certifies that on this date a true and correct copy of the t was served by first-class United States mail, postage prepaid, upon Jon T. Burnhisel 101 E. Main Street Walnut Bottom, PA 17266 Dated: 3 1 Andrea E. Dean 122301 N r.a FTI C 7 V i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jon T. Burnhisel, Plaintiff CIVIL ACTION - LAW V. Jason D. Artz, Defendant ORDER No. 07-5975 MLD AND NOW this day of 2008, having reviewed Defendant Jason D. Artz's Motion to Make Rule Absolute and Strike Mechanic's Lien Claim for Lack of Conformity with Law, it is hereby ORDERED that Plaintiff's Claim of Mechanic's Lien is STRICKEN and the lien and claim are removed from Mechanic's Lien Docket and Judgment Index. 121981 BY THE COURT: € ± ; i r W'W`1 S ?_d 0 `pj