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HomeMy WebLinkAbout08-3680IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. b%- ,&P80 "LD Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. MECHANICS' LIEN CLAIM Claimant, Eisenhart Crane Service, LLC, through the undersigned counsel, files this claim against the improvements and property designated as units 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania, for the payment of a debt due to Claimant as a contractor for labor and equipment furnished by Claimant in the erection and setting of wood trusses. In support of the claim, the Claimant avers as follows: 1. The Claimant is Eisenhart Crane Service, LLC, a Pennsylvania limited liability company, whose principal place of business is 51 Crone Road, York, York County, Pennsylvania 17403. 2. The Owner of the property is Altieri Enterprises, Inc., a Maryland corporation, whose address in that state is 9017 Red Branch Road, Suite 201 Columbia, 1 Howard County, Maryland 21045, and whose principal place of business in Pennsylvania is 1700 Westgate Drive, York, York County, Pennsylvania 17315. 3. The improvement and the property which are subject to this claim are Lots 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania ("Property"). 4. The labor and equipment for which the debt is due consisted of the erection and setting of wood trusses at the Property with Claimant's cranes and rigging. 5. The day on which the labor and equipment were furnished at the Property was January 10, 2008, which is less than six (6) months before the filing of this claim. 6. The labor and equipment for which the debt is due were furnished pursuant to a verbal contract with the total amount due for said labor and equipment being $1,258.22 plus interest at the rate of 1 %z% per month, 18% per annum, on all invoices not paid thirty (30) days after the invoice date and all costs of collection, including, but not limited to, reasonable attorneys' fees and court costs A true and correct copy of the Claimant's invoice is attached hereto as "Exhibit A" and incorporated by reference. 2 7. In addition to costs of suit, the sum claimed to be due and owing to the Claimant and chargeable against the Property is $1,748.44, which is broken down as follows: Invoice: Interest (through 06/17/08, $0.62 per diem): Attorneys' Fees: TOTAL: DATE: ? Jcj o? $1,258.22 $ 76.84 413.38 $1,748.44 Respectfully submitted, MICHAK TEETER & LEWIS LLC BY: C. / Megan .Hu ff Es e Attorney for Claimant Attorney I.D. No. 84391 P.O. Box 62188 Harrisburg, PA 17106-2188 Telephone (717) 920-8508 Fax (717) 920-8505 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. VERIFICATION I verify that the statements made in the foregoing MECHANICS' LIEN CLAIM are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein, and not to legal conclusions and averments authorized by counsel in their capacity as attorneys for the parry or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. EISENHART CRANE SERVICE, LLC Date: By: QW,, &L ?? b-? Rob Rei enbach Controller EXHIBIT A CUSTOMER # 1881 JOB # 5058-03 ITEM # 1 ALTIERI HOMES 9017 RED BRANCH ROAD COLUMBIA MD 21045 ATTN: JAMES RE: WORK ORDER # 13998 PO # - SET TRUSSES JOB: MECHANICSBURG, PA. UNITS DATE 8 01/10/08 3 01/10/08 Crane Rental 40 Ton Crane Rental 40 Ton - Overtime DATE 01/18/08 INVOICE # 15246 TERMS NET 30 DAYS RATE 103.00 Per Hour 121.00 Per Hour AMOUNT 824.00 T 363.00 T Subtotal 1,187.00 Pa. Sales Tax 71.22 TOTAL AMOUNT REQUESTED THIS INVOICE $ 1,258.22 A PMANCB CHARGE OF 1J % PER MONTH, 18% PER ANNUM. WILL BE CHARGED TO ALL ACCOUNTS NOT PAID 30 DAYS AFTER. INVOICE DA7E1 IN ADDMON YOU ARE RESPONSMLE FOR ALL COLLECTION COSTS mutRID BY US. ENCLUDm, BUT NOT Lvmw To, REASONABLE ATTORNEYS PEES AND COURT COSTS. FEID #25-19=1 Make checks payable to Eisenhart Crane Service, LLC Customer Eisenhart Crane Service PO # JOB REPORT Job # N° .13998 Job Name ?n M?.CI'1C?n?CS?'G? Date I.-10--OR PA X MD Other Eisenhart Crane Job # 5G rJ?9' 03 Phase Code ' PA Permit # MD Permit # Permit Fee customer # $ $ Salesman # Q Customer Name A 4D-rItS Customer Address CU-1 Red BronCh Q-) Cbl urn ,0 kAa Customer Phone # ' Zip 4 Operator Name F-f- b` , .. Contact... jars--W, Crane Size L40 T `l C.W. Cell # 4L4 C) Q I C.W. Truck #1/ Driver C.W. Truck #2/ Driver Equip # OP Travel Crane Travel Hours on site P.W. hours on site Total Crane Hours Date orrc &Alc- t 03hL {tcs= $ 2? - 0.r-, $! Z x !us = -aTX L t Job Directions Other (Rigging) 0j IF. ? 0:1y, w -h-<<4??s -4c Customer Signature Ir. d? -z-nn PAnr_roirce.- to ur,r?iPr o? r1l c SIR 12 illitc, ?o c? I W i o 0 a N 3 , ? N O f r s o o ? 1 d N (A Z ? ? ? N O C ? ? Z (,?. ?f1 £ ? a C d ? ? d o s M M - v r o s m 0 s d z Z : c p Os rl7 Flo , a rv a h.,1 7 i'ri IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. 08-3680 MLD Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. AFFIDAVIT OF SERVICE I, Megan C. Huff, Esquire, being duly sworn according to law, depose and say that I have served true and correct copy of the Notice of Filing of Mechanics' Lien Claim, a true and correct copy of which is attached hereto as "Exhibit A" and incorporated by reference, and a true and correct copy of the Mechanics' Lien Claim on the Defendant by depositing a copy thereof in the United States' mail, certified, restricted delivery, return receipt requested, postage prepaid, on June 25, 2008, addressed as follows: Altieri Enterprises, Inc. 9017 Red Branch Road Suite 201 Columbia, MD 21045 The Defendant was served on June 27, 2008, with the above-described Notice and Mechanics' Lien Claim as evidenced by its authorized agent's signature on the "green card" attached hereto as "Exhibit B" and incorporated by reference. I make these statements pursuant to 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities and understand that false statements m ect me to criminal penalties under that statute. C_ Megan C. quire Sworn to before me this day of July, 2008. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Aug. 11, 2010 EXHIBIT A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, Claimant, NO. 08-3680 MLD -vs- ALTIERI ENTERPRISES, INC., Owner. NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Altieri Enterprises, Inc. 1700 Westgate Drive York, PA 17315 Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 You are notified that a mechanic's lien claim in the amount of $1,748.44 plus costs of suit and interest has been filed on behalf of Eisenhart Crane Service, LLC, against the property designated as units 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania, of which you are the owner or reputed owner. The claim was filed on June 20, 2008, in the Court of Common Pleas of Cumberland County to the above- referenced matter. A copy of the claim is attached. MICHAK TEETER & LEWIS LLC DATE: iR aS .s BY: ,X-qµ C. Meg C. Hu e Attorney for Claimant Attorney I.D. No. 84391 P.O. Box 62188 Harrisburg, PA 17106-2188 Telephone (717) 920-8508 Fax (717) 920-8505 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. NO. 03- 3!080 Ir1,l.D MECHANICS' LIEN CLAIM 3 Co -n +' r C- r?;• © 3M ! ro m N Claimant, Eisenhart Crane Service, LLC, through the undersigned counsel, files this claim against the improvements and property designated as units 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania, for the payment of a debt due to Claimant as a contractor for labor and equipment fiunished by Claimant in the erection and setting of wood trusses. In support of the claim, the Claimant avers as follows: 1. The Claimant is Eisenhart Crane Service, LLC, a Pennsylvania limited liability company, whose principal place of business is 51 Crone Road, York, York County, Pennsylvania 17403. 2. The Owner of the property is Altieri Enterprises, Inc, a Maryland corporation, whose address in that state is 9017 Red Branch Road, Suite 201 Columbia, 1 Howard County, Maryland 21045, and whose principal place of business in Pennsylvania is 1700 Westgate Drive, York, York County, Pennsylvania 17315. 3. The improvement and the property which are subject to this claim are Lots 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania ("Property") 4. The labor and equipment for which the debt is due consisted of the erection and setting of wood trusses at the Property with Claimant's cranes and rigging. 5. The day on which the labor and equipment were furnished at the Property was January 10, 2008, which is less than six (6) months before the filing of this claim. 6. The labor and equipment for which the debt is due were furnished pursuant to a verbal contract with the total amount due for said labor and equipment being $1,258.22 plus interest at the rate of 1 %2% per month, 18% per annum, on all invoices not paid thirty (30) days after the invoice date and all costs of collection, including, but not limited to, reasonable attorneys' fees and court costs A true and correct copy of the Claimant's invoice is attached hereto as "Exhibit A" and incorporated by reference. 2 7. In addition to costs of suit, the sum claimed to be due and owing to the Claimant and chargeable against the Property is $1,748.44, which is broken down as follows: Invoice: Interest (through 06/17/08, $0.62 per diem): $1,258.22 $ 76.84 Attorneys' Fees: TOTAL: 413.38 $1,748.44 Respectfully submitted, MICHAK TEETER & LEWIS LLC DATE: ?? oS BY: G Megan C. Huf? E* e Attorney for Claimant Attorney I.D. No. 84391 P.O. Box 62188 Harrisburg, PA 17106-2188 Telephone (717) 920-8508 Fax (717) 920-8505 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. VERIFICATION I verify that the statements made in the foregoing MECHANICS' LIEN CLAIM are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein, and not to legal conclusions and averments authorized by counsel in their capacity as attorneys for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. EISENHART CRANE SERVICE, LLC r_ /n?q K Date b r? ?UO By: (l Rob Rei enbach Controller EXHIBIT A CUSTOMER # 1881 JOB # 5058-03 ITEM* 1 ALTIERI HOMES 9017 RED BRANCH ROAD COLUMBIA MD 21045 ATTN: JAMES RE: WORK ORDER # 13998 PO # - SET TRUSSES JOB: MECHANICSBURG, PA. TL NITS PATE SON 8 01/10108 Crane Rental 40 Ton 3 01/10/08 Crane Rental 40 Ton - Overtime DATE 01/18/08 INVOICE # 15246 TERMS NET' 30 DAYS RATS AMQUM 103.00 Par Hour 824.00 T 121.00 Per Hour 363.00 T Subtotal 1,187.00 Pa. Saks Tax 71.22 TOTAL AMOUNT REQUESTED THIS INVOICE $ 1,25= A FMAKI CHARM OF 1! 0 M HC1iM IM M ANNUM, MQLUCHAMl U TO ALL AC= M[S NOT FAW M 0AY8 AFTER lrIVO M DA= WADO[IMYOUA1 REWOMM lMALLCOLLECTIONC0MHJCM=DYUL&4CUDM 81}TNOTUMMMTO.UAMANAATIUUMV RN AND COMTOOSTS. Make checks payable to Eisenhart Crane Service, LLC Customer Eisenhart Crane Service effid wCry PO # • ' JOB REPORT Job # 'SQ rJ ' b _ Job # N°- 13998 Phase Code Job Name K . Nt Yt PA Permit # Date MD Permit# PA X MD Other Permit Fee customer # i'$ $ Salesman # Q Customer Name 4t>-re S Customer Address %I d rcl Co turn ' 1?1 Q Customer Phone # zip 4 Itj, .. Operator NameRed Corrtart ... . Crane size 407 C.W. Cell # y t_ ?'?y- a} • J03 J C.W. Tru k #1/ Driver C.W. Truck M Driver ' Equip # OP Travel Crane Travel Hours on site P.W. hours, on site Total Crane . Hours Date Il ?/ M-+wJic - # 03h&. x hcs= $ 2 .T - $12 x hes 7MTA L t Job Directions jinn aniY ,rte - to -tai x-k C` 1?5P,`ZJ,_?n['1PY CL LlC?:I!^? Other (Rigging) Customer Signature l' y ' r rt tk .? . W .? ? . t. 4?- " - W- v, 1 t cs ? ? 1 .G V • V O W ar t W ;-kl 1 1- 1t t 0 4 t s • Oompkite ftbms'l, 2, and 3. Also complete Um 4 N Resfiicted Delivery Is desired. • l your nerne and address on the reverse so that we can return the card to you. • Mach this card to the back of the hia llpiece, or on the front If space permits. 1. A ftle Addressed to: 14;*,.k &k pf s,-s, T,-c- 1 'v(, w `?vk -, M? 2co`( S 0APM B. Received by ftft-V7km) C. e a1 4 e,11 OAT -&#(b I eme D. Is delivery eddreee difto from room 1? ? Vn If YES, enter delivery address below. ? No 3`5? lyps Mail O Express Maul 17 Registered O Ret m Receipt for MeralwKft ? insured man 0 C.O.D. 4. Restricted Delivery? Pft Fee) 0 V a ° D°r 7006 0610 0002 6333 6782 P?MaAI?'llrs airwoa PS M?4wm 1.Fdbtlsry40t14 DoncaalkPNA1 f '" g?•.ro? ?aausewrtseu EXHIBIT B ? z; C'3 `";? `t'1 -3 ?t l;d'v 1'? r-- _r _ i. ' n "1 ^°Li SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EISENHART CRANE SERVICE LLC VS ALTIERI ENTERPRISES INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER , to wit: ALTIERI ENTERPRISES INC but was unable to locate Them deputized the sheriff of YORK serve the within MECHANICS LIEN CLAIM in his bailiwick. He therefore County, Pennsylvania, to On July 14th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So ans Docketing 18.00 ?_.. Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 19.00 Sheriff of Cumberland County Postage .76 56.76 ? 7?fL fep(?_ 07/14/2008 MICHAK TEETER & LEWIS Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL, (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY CORES 1 PLAINTIFF/S/ 2 COURT NUMBER 0$_ _jg RN M L D Eisenhart Crane Service LLC Q$ b$ civil 3 OEFENDANTlSI 4. TYPE OF WRIT OR COMPLAINT Altieri Enterprises Inc Mechanic's Lien Claim SERVE NAnnt OI INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Altieri Enterprises Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 1700 Westgate Drive York, PA 17315 7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE DEPUTIZE rpf_?AAtL _, U 1ST CLASS MAIL U POSTED O OTHER NOW June 27 2008 I, SHERIFF OF PM COUNTY, PA, do h eby deputize the sheriff of or COUNTY to execute this riling to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF=11111111111111111CO NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC10 U T 0 F C 0 Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURIM E G AN C . HUFF , E S Q U I R E ,10. TELEPHONE NUMBER 11 DATE FILED PO BOX 62188, HARRISBURG, PA 17106-2188 717-920-8508 6-20-08 1c acnu NV In.r Ur- arKVlGL WVT IU NAML ANU ADUntss BLLOW: (This area must be completed 0 notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LIFE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpirationlHearing Date or eornplamt as indicated above. M J M C G I L L Y C S O 16-30-20W 8 17-20-08 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED l LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles I Intl Date Time Miles Int. Date Time Miles Int. Dale Time Mlles Int. 22. REMARKS: VACANT LOT. 23. Advance Costs 24 Service Costs N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32. Tot. Costs 33. Costs Due Refund Check No X100.00 ?d© b- 06 - J06 Joa 19,601 Jo Aqa2i 34. Foreign County Costs 35 Advance Costs 36 Service Costs 37 Notary Cert. 38 Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 9 h 41 AFFIRMED and subscribed to De re me thi SO ANSWERS . a J U l .Y 44 42 da Signature of 45. DATE , N Tfp y p. Sheriff - 04 "- 46. Signature of York 47. DATE NOTARIAL SEAL County Sheriff BOVOPIAN,NOTARYPUBL)c RICHARD P. KEUE B R YORK COUNTY 'OF YORK , ISSION EX?IRcSAUG. 12, 2009 ae. Signature of Foreign County Sheriff 49 DATE J RC , U""' 11')N, 1 URC 151 DATE RECEIVED OFvn.w.aAUTHORIZEDcalvcISSUINGAU RCVCIr 1 TH 1OR "R`ITY JY"ClNIANDrrTITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherlffs Office U_ U- N QC tat ,. Gs clx Q be ch o U u.. C) A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. 08-3680 MLD 41 Claimant, -vs- d W o ALTIERI ENTERPRISES, INC., OK -? Owner. NOTICE OF FILING OF MECHANICS' LIEN CLAIM cn rv 11 11 To: Altieri Enterprises, Inc. Altieri Enterprises, Inc. 1700 Westgate Drive 9017 Red Branch Road, Suite 201 York, PA 17315 Columbia, MD 21045 You are notified that a mechanic's lien claim in the amount of $1,748.44 plus costs of suit and interest has been filed on behalf of Eisenhart Crane Service, LLC, against the property designated as units 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania, of which you are the owner or reputed owner. The claim was filed on June 20, 2008, in the Court of Common Pleas of Cumberland County to the above- referenced matter. A copy of the claim is attached. DATE: Lc aS MICHAK TEETER & LEWIS LLC BY: d"l C Megan C. Hui re Attorney for Claimant Attorney I.D. No. 84391 P.O. Box 62188 Harrisburg, PA 17106-2188 Telephone (717) 920-8508 Fax (717) 920-8505 0 rr-r ...? rn ?C1.) rn rn cn rn rn IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. Og - 3(og0 Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. MECHANICS' LIEN CLAIM 1- LO N T TtY M 1J ZT C7 N? Claimant, Eisenhart Crane Service, LLC, through the undersigned counsel, files this claim against the improvements and property designated as units 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium cbcuments as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania, for the payment of a debt due to Claimant as a contractor for labor and equipment furnished by Claimant in the erection and setting of wood trusses. In support of the claim, the Claimant avers as follows: 1. The Claimant is Eisenhart Crane Service, LLC, a Pennsylvania limited liability company, whose principal place of business is 51 Crone Road, York, York County, Pennsylvania 17403. 2. The Owner of the property is Altieri Enterprises, Inc., a Maryland corporation, whose address in that state is 9017 Red Branch Road, Suite 201 Columbia, 1 Howard County, Maryland 21045, and whose principal place of business in Pennsylvania is 1700 Westgate Drive, York, York County, Pennsylvania 17315. 3. The improvement and the property which are subject to this claim are Lots 9 through 16, inclusive, of an 8 unit building in "The Brook Meadow Condominium", as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Recorder of Deeds records located in Mechanicsburg, Cumberland County, Pennsylvania ("Property") 4. The labor and equipment for which the debt is due consisted of the erection and setting of wood trusses at the Property with Claimant's cranes and rigging. 5. The day on which the labor and equipment were furnished at the Property was January 10, 2008, which is less than six (6) months before the filing of this claim. 6. The labor and equipment for which the debt is due were finished pursuant to a verbal contract with the total amount due for said labor and equipment being $1,258.22 plus interest at the rate of 1 '/z% per month, 18% per annum, on all invoices not paid thirty (30) days after the invoice date and all costs of collection, including, but not limited to, reasonable attorneys' fees and court costs A true and correct copy of the Claimant's invoice is attached hereto as "Exhibit A" and incorporated by reference. 2 7. In addition to costs of suit, the sum claimed to be due and owing to the Claimant and chargeable against the Property is $1,748.44, which is broken down as follows: Invoice: Interest (through 06/17/08, $0.62 per diem): Attorneys' Fees: TOTAL: ?q oS DATE: $1,258.22 $ 76.84 413.38 $1,748.44 Respectfully submitted, MICHAK TEETER & LEWIS LLC BY: C Megan C. Huff Es e Attorney for Claimant Attorney I.D. No. 84391 P.O. Box 62188 Harrisburg, PA 17106-2188 Telephone (717) 920-8508 Fax (717) 920-8505 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, NO. Claimant, -vs- ALTIERI ENTERPRISES, INC., Owner. VERIFICATION I verify that the statements made in the foregoing MECHANICS' LIEN CLAIM are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein, and not to legal conclusions and averments authorized by counsel in their capacity as attorneys for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. EISENHART CRANE SERVICE, LLC Date: b-m-by By: 4 ? 61L h J--) Rob Rei enbach Controller EXHIBIT A CUSTOMER # 1881 JOB # 5058-03 ITEM # 1 ALTIERI HOMES 9017 RED BRANCH ROAD COLUMBIA MD 21045 ATTN: JAMES RE: WORK ORDER # 13998 PO # - SET TRUSSES JOB: MECHANICSBURG, PA. UNITS DATE DESCRIPTION 8 01110/08 Crane Rental 40 Ton 3 01110/08 Crane Rental 40 Ton - Overtime DATE 01/18/08 INVOICE # 15246 TERMS NET 30 DAYS RAIX AMOUNT 103.00 Per Hour 824.00 T 121.00 Per Hour 363.00 T Subtotal 1,187.00 Pa. Sales Tax 71.22 TOTAL. AMOUNT REQUESTED THIS INVOICE $ 1,258.22 A FDWX B CHAROB Of 1-5 4 PBR 1 MIK, I&S PBR ANNUM. W" BB CHAR® M AIL ACCOUNTS NOTPAm 30 DAYS AFM @I IMM DAW Qi ADDrrMN YOU ARE RMPONUBLE Ma AIL COLIMT ON COSTS RMCUR = BY US, NCLUMn BUT NOTLWM TO , RBASONABIF AT7ORN M PEGS AND COURT O36M FMf2S-1177521 Make checks payable to Eisenhart Crane Service, L.L.C Amer Eisenhart Crane Service Eisenhart Crane 5G ??' ?3 PO # JOB REPORT Job # Job # N° .13998 Phase Code [? PA Permit # Job Name to K4t>. 6nICSWr9 Date ?Q OA MD Permit # PA X MD Other Permit Fee Customer # V$$ I Salesman # Q Customer Name A 14 40-rit S Customer Address Co d e)v-orcb Pe), (_ O LY- n l M Customer Phone # ' Zip Operator Name f Contact... \Ia" . Crane Size L{Q T C.W. Cell # 503 I C.W. Thick #1/ Driver C.W. Truck #2l Driver Equip # OP Travel Crane Travel Hours on site P.W. hours, on site Total Crane .. Hours Date q#rC&AJC- # Oa h&. 2 0.r-, $I Z x ha VTA L::( t a Job Directions •[.0(1 P ntYCIVICP - to -t??, N,?-,r.;?,? ?;'?? ?r-,r-IPr f LXr r-U-t )C Dm Other (Rigging) 0j g Qt's Customer Signature -r ..Ab 7T Vl ?At .. Z 4 J ?? 0 C m ? z W m C? a a ,y tt1 } ? I a m ? W- cl% i A O Cs- d? C L V Lo 0 uw of '!:.. to 0 41 Z 1r S 14 0i. d I law ti M r». v )OV cip 1 h v 1 :01 '/ l? ( i :4 t Jl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, Claimant, No. 08-3680 MLD V. ALTIERI ENTERPRISES, INC., Owner. PRAECIPE TO UPDATE CONTACT INFORMATION TO THE PROTHONOTARY: Please update the contact information for Claimant's attorney as follows: Megan C. Huff, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 717-533-5406 717-533-5717 FAX Mhuf kHersheyPALaw.com Respectfully Submitted, NESTICO, DRUBY & HILDABRAND, LLP Date: (m 7 a BY: C'. Megan C. Huff, A o. 84391 840 East Chocola enue Hershey, PA 17033 717-533-5406 717-533-5717 FAX Attorney for Claimant " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EISENHART CRANE SERVICE, LLC, Claimant, No. 08-3680 MLD V. ALTIERI ENTERPRISES, INC., Owner. CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Claimant, Eisenhart Crane Service, LLC, hereby certify that I served a true and correct copy of the within PRAECIPE TO UPDATE CONTACT INFORMATION, by first class mail, postage prepaid, on the following: Altieri Enterprises, Inc. 9017 Red Branch Road Suite 201 Columbia, MD 21045 Respectfully Submitted, NESTICO, DRUBY & HILDABRAND, LLP Date: (0 -7 'It BY: C'. Megan C. Huff P No. 8,4391 840 East Chocolate Avenue Hershey, PA 17033 717-533-5406 717-533-5717 FAX Attorney for Claimant N ? ? ,_ ?} ??:? _ ? ?.i/ v. ??., ? ? _ ? ...._. ? ?;. .} I.. x. N '^^^ ? ? -7 .? ?