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HomeMy WebLinkAbout08-4197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, vs. Civil Action No. ?? ""Y l Q ryJ ?F.?2. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, VS. STATEMENT OF MECHANIC'S MADISON & SON BUILDERS, LIEN CLAIM Contractor. PROPERTY LOCATION: 8 Young Drive Carlisle, PA Tax Parcel No.: 46-07-0475-071 FILED ON BEHALF OF Claimant COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID NO. 38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID NO. 97130 SHAWN P. McCLURE, ESQUIRE PA ID NO. 205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00835-053 lb002468VO01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY OF PA, LLC, Plaintiff/Claimants, VS. STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, vs. MADISON & SON BUILDERS, Contractor. Civil Action No. STATEMENT OF MECHANIC'S LIEN CLAIM AND NOW comes Hudson Insulation Supply of PA, LLC, by counsel, Bernstein Law Firm, P.C., and files this Statement of Mechanic's Lien Claim as a subcontractor and material supplier to a contractor, pursuant to the Mechanic's Lien Law of 1963, 49 P.S. Section 1101 et. seq., against the premises herein described, any and all buildings erected thereupon and the curtilage appurtenant thereto, for the payment of $5,199.19, together with interest from January 31, 2008, due it as a subcontractor and material supplier to the contractor under the contract herein described. The following is a statement of its claim: 1. Hudson Insulation Supply of PA, LLC is a corporation organized and existing under the laws of New Jersey with a place of business located at 795 Trumbull Street, Elizabeth, New Jersey. 2. Owner is Strickland Brothers Construction, LLC, a business corporation organized and existing under the laws of Pennsylvania, with offices located at 621 Creek Road, Carlisle, Pennsylvania. 3. Contractor is Madison & Son Builders, whose address and place of business is 3145 Spring lb002468V001 Road, Carlisle, Pennsylvania. 4. This claim relates to materials and labor provided by Claimant as a subcontractor and material supplier to Contractor upon the premises designated at 8 Young Drive, Carlisle, Cumberland County, Pennsylvania, the same being more fully described in the Deed conveying said premises to Owner, recorded in the Office of the Cumberland County Recorder of Deeds at Deed Book Volume 2007, Page 31339. 5. Between January 15, 2008 and January 31, 2008, Claimant agreed to furnish and install insulation for construction at the premises above described. True and correct copies of the invoices describing the labor and materials supplied by Claimant to said premises are attached hereto, marked Exhibits "1" through "6" and made a part hereof. 6. Claimant last supplied materials and labor to the above-described premises on or about January 31, 2008. 7. The materials and labor supplied were utilized in the construction at the above-described premises and were free from defect and were in accordance with Claimant's agreement with Contractor. 8. The total amount claimed by Claimant to be due is $5,199.19, together with interest from January 31, 2008, for materials and labor provided in connection with the agreement to provide construction materials to Contractor upon the premises above described. 9. Formal Notice of Claimant's Intention to File Mechanic's Lien Claim was mailed to Owner on May 21, 2008, by certified mail, return receipt requested, and served upon Owner on or about May 24, 2008. A true and correct copy of Claimant's Formal Notice of Intention to File Mechanic's Lien Claim, dated May 21, 2008, and the receipt for certified mail and domestic return receipt evidencing service of said Notice, are attached hereto, collectively marked Exhibit "7", and made a part hereof. lb002468V001 10. This lien is claimed against the premises designated as 8 Young Drive, Clarlisle, Cumberland County, Pennsylvania. Dated: 77/0,5 BERNSTEIN LAW FIRM, P.C. Attorneys for Claimant By: Shawn P. McClure, Esquire Pa. ID No. 205951 Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. 00835-053 lb002468V001 HUDSON INSULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 INVOICE 5308 MERCH?1NW#*E f i NTlNiE5C . .:... .. . ..:: # L .....:.. ..., °Lo......:.: . ...... _ t AMOI lxIT T TA1. . 1730.00 0.00 PEHNSY 0.000 75.45 1805.45 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT ? ._._- HUDSON INSULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 INVOICE 5309 MERCJ1tflISE 1It?}9T?1v11 ",t.::. : ..Gy4t # r . '' .,: ...:: :: _7# °lg ?t.AUN < ..... >: TTAf-` ... 517.00 0.00 PENNSY 0.000 6.48 523.48 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT . Z-- , HUDSON INSULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 INVOICE 5314 QUANTfTY UM PRpL)UCTI_D.> I1 ('iF'If?TIfJAk TALI: U14 UCVkP94CE': AiiROUNT 1 EA INSTALLED INSTALLED INSULATION 1.000 EA 1398.00 1398.00 LABOR AND MATERIALS A11EftCHAN['?jS :. .., l i iT?N1I5C; re .}1 ;:',.7A?C a `f1 .RMOLIIyT Tt}lAL>> 1398.00 0.00 PENNSY 0.000 58.44 I 1456.44 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT 3 HUDSON INSULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 SOLD TO: MADISON & SON BUILDERS 3145 SPRING ROAD CARLISLE PA 17013 INVOICE 5349 SHIP TO: 8 YOUNG DRIVE (BLOWIN) CARLISLE PA ..... Page 1 1411 01131108 5349 J 4339-00 01 NET 10 DAYS E.O.M. QUANTITY Eat TALLY. `:: fJtvl UI PRICE.; AA?1CiU[?i.. QUANTITY UM PRODUCT LD_ 4ESCRIPTIC) 1 EA INSTALLED INSTALLED INSULATION 1.000 EA 391.00 391.00 LABOR AND MATERIALS NFERGHAICSE_ FREIIhiiWjf5G .. 4tf{77 :.. :.°??:. °fiCAiid01#ixlT T(TA1_' .. 391.00 0.00 PENNSY 0.000 18.70 409.70 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT HUDSON INSULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 SOLD TO: MADISON & SON BUILDERS 3145 SPRING ROAD CARLISLE PA 17013 SHIP TO: 8 YOUNG DRIVE (BASEMENT WALLS) CARLISLE PA ..... INVOICE 5353 Page 1 ACCOIJ T-' NO: t2ATE ?l}.R?"HAS OF2p 3 11V1?QIC!<Nq r343-00 TE1411 01131 /08 5353 J 01 NET 10 DAYS E.O.M. t y um ri[Vuvy 1 EA INSTALLED INSTALLED INSULATION LABOR AND MATERIALS ,LY i3N ?m?rlcn.c: 1 .000 EA 140.00 140.00 MEF2 CHAS©T$E :.. ff2IGrHT/fatty ... ;L {?I.#TY .; T alg ::. T1l?C.AQUt?t C3T?kl 140.00 0.00 PENNSY 0.000 6.37 146.37 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT 5 HUDSON 1 V ULATION SUPPLY OF PA LLC 795 TRUMBULL ST ELIZABETH NJ 07206 Tel (908) 820-0808 Fax (908) 820-0101 SOLD TO: MADISON & SON BUILDERS 3145 SPRING ROAD CARLISLE PA 17013 SHIP TO: 8 YOUNG DRIVE (BASEMENT) CARLISLE PA ..... INVOICE 5355 Page 1 1411 1 01131/08 5355 J 1 4345-00 1 01 NET 10 DAYS E.O.M. QUi1TITY UM PRaDUCTf.D pEC(IPTIf?N TALI.Y• tilA ?3iUtfrRECE AiJIOUNT 1 EA INSTALLED INSTALLED INSULATION 1.000 EA 822.00 822.00 LABOR AND MATERIALS tiiIERCH}S;?IjISF " `?EI1?kiT?A?tlsC Lt??R... ;. .. -? °?: :..:. T?i3CAtuiOUNT TUTAL 822.00 0.00 PENNSY 0.000 35.75 857.75 SERVICE CHARGE OF 1.50% PER MONTH SHALL BE CHARGED ON ALL PAST DUE ACCOUNTS. NO RETURNS WITHOUT PRIOR AUTHORIZATION. ALL RETURNS SUBJECT TO 15% HANDLING CHARGE. EXHIBIT BERNSTEIN BERNSTEIN LAW FIRM HAS MORE BOARDC:ERTIFIED A BUSINESS APPROACH SHAWN P. MCCLURE. ESQ. CREDITORS' RIGHTS SPECIALISTS IN PENNSYLVANIA To LEGAL SERVICE SMCCLUREOBERNSTEINLAW.COM THAN ANY OTHER LAW FIRM 412-456-8110 FAX: 412,4565269 May 21, 2008 VIA CERTIFIED MAIL Strickland Brothers Construction, LLC 621 Creek Road Carlisle, PA 17013 Re: Hudson Insulation Supply of PA LLC Vs: Madison & Son Builders Project: Red Oak Estates 8 Young Drive Carlisle, PA BERNSTEIN FILE NO. 00835-053 FORMAL NOTICE OF INTENTION TO FILE MECHANIC'S LIEN CLAIM Gentlemen: This office represents Hudson Insulation Supply of PA LLC of Elizabeth, New Jersey, a supplier of insulation to Madison & Son Builders, on the job at 8 Young Drive, Carlisle, Pennsylvania. Enclosed please find true and correct copies of the invoices reflecting the material supplied by my client to Madison & Son Builders on the above mentioned job. The last date on which materials were supplied to the project was January 31, 2008. There remains an unpaid balance due from Madison & Son Builders in the amount of $5,199.19 for that material. Please consider this letter your notice under the Pennsylvania Mechanic's Lien Law, 49 P.S. § 1101 et. seq., that if payment of said amount is not made in full to Hudson Insulation Supply of PA LLC within thirty (30) days of the date of this notice, it is Hudson Insulation Supply of PA LLC's intention to file a Mechanic's Lien Claim against the real estate at the 8 Young Drive, Carlisle, Pennsylvania. -7 EXHIBIT 707 GRANT STREET • SUITE 2200 GULF TOWER • PITTSBURGH, PA 15219 • 800.927.3197 • 412.456.8100 • F.Ax 412.456.8135 • MAIL@BERNSTEINLAW.COM • WWW.BERNSTEINLAW.C061 Strickland Brothers Construction LLC May 21, 2008 Page 2 If you have any questions regarding this notice, please contact the undersigned. Very truly yours, BERNSTEIN LAW FIRM, P.C. Shawn P. McClure SPM/lb cc: Madison & Son Builders 3145 Spring Road Carlisle, PA 17013 (VIA CERTIFIED MAIL) U.S. Postal Servii:f° CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www usps.com ems «ira, cc: NCS Attn: Gina Said Via Fax - 440-461-6202 Your File No. L141517 un cc _n ru - PosrmerK O Return Receipt Fee Here O (Endorsement Required) C3 Resb*W Dokvq Fee ' O (Endorsement RegWred) L11 TMni Pnntans A Fees .?f e ru Strickland Brothers Construction, LLC C3 'sin 621 Creek Road ar Carlisle, PA 17013 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiec e, or on the front if space permits. 1. Article Addressed to: .tA Strickland, Brothers Construction, L LC 621 Creek Road Carlisle, PA 17013 13 A X71/7 13 Addresses 8. RecdWby (Anted C. Date of Delivery D. Is deMmy address dMerent from item 11 ? Yes If YES, enter delivery adds below: ? No S 1019 Type Man ? spewman Registered ? Retum Receipt for IMeroltendise Insured Mail ? C.O.D. 4. Ibstricted Delivery? (Extra Fee) D Yes 2. Article Number (liansfer from service IAW 7007 2560 0002 6785 2452 PS Form 3811, February 2004 Dorredlc Ret m Rsosipt 102596-024A-f s4o PACE t12: ` 1 1 VERIFICATION Of Perjurv, that he/she is Iu' The undersigned does hereby vexi.ty under penalty of ? ????? ' r?S ql o,-l PlaintYi3? herein, that 1tG/she is dulti? autbori?ed to make this Verification. and that the facts set forth in the foregoing ECHANIC'S LIEN CLAIM are true and correct to the best of hi-'her knowledge. STAiiLt-orciI'ta.tiFMon.f,?TT OF M and belief. (Sign in Blue Ink) 11)(102458 VOW N C t"J 7 tv ?C SHERIFF'S RETURN - REGULAR CASE NO: 2008-04197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUDSON INSULATION SUPPLY OF PA VS STRICKLAND BROTHERS CONSTRUCT TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM STRICKLAND BROTHERS CONSTRUCTION LLC OWNER was served upon the at 0018:11 HOURS, on the 23rd day of July , 2008 at 623 CREEK ROAD CARLISLE, PA 17013 by handing to JEFF STRICKLAND OWNER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 R. homas Kline 7/21610f -- 33. 00 07/24/2008 BERNSTEIN LAW FIRM Sworn and Subscibed to By: before me this day Depu y Sherif of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, VS. Civil Action No. 2008-04197-P STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, VS. AFFIDAVIT OF SERVICE OF STATEMENT OF MECHANIC'S MADISON & SON BUILDERS, LIEN CLAIM Contractor. PROPERTY LOCATION: 8 Young Drive Carlisle, PA Tax Parcel No.: 46-07-0475-071 FILED ON BEHALF OF Claimant COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID NO. 38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID NO. 97130 SHAWN P. McCLURE, ESQUIRE PA ID NO. 205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00835-053 lb002468VO01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, vs. Civil Action No. 2008-04197-P STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, vs. MADISON & SON BUILDERS, Contractor. AFFIDAVIT OF SERVICE Before me, the undersigned authority, personally appeared Shawn P. McClure, Esquire, who being duly sworn according to laws deposes and says as follows: That Affiant is attorney for Plaintiff/Claimant, duly authorized to make this Affidavit.. 2. That on the 23rd day of July, 2008, as evidenced by a copy of the Sheriffs return attached hereto and marked Exhibit "A," the Sheriff personally served upon Strickland Brothers Construction LLC, Defendant/Owners herein, the notice of filing of Mechanic's Lien Claim, specifying the Court, term, number and date of filing of the Statement of Mechanic's Lien Claim, and a true and correct copy of the Statement of Mechanic's Lien Claim. Sworn to and beforexAe thi, SHERIFF'S RETURN - REGULAR C4SE *NO: 2008-04197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUDSON INSULATION SUPPLY OF PA VS STRICKLAND BROTHERS CONSTRUCT cgSs--DS3 TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon STRICKLAND BROTHERS CONSTRUCTION LLC the OWNER , at 0018:11 HOURS, on the 23rd day of July , 2008 at 523 CREEK ROAD CARLISLE, PA 17013 by handing to JEFF STRICKLAND OWNER a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to So Answers: R. ho s Kline 07/24/2008 BERNSTEIN LAW FIRM By before me this day of A.D. r Depu y Sher-if C) rr-,), r? - Ca 3 t^ 777 "t9 _; 't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, vs. Civil Action No. 2008-04197-P STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, VS. SATISFACTION OF STATEMENT OF MECHANIC'S MADISON & SON BUILDERS, LIEN CLAIM Contractor. PROPERTY LOCATION: 8 Young Drive Carlisle, PA Tax Parcel No.: 46-07-0475-071 FILED ON BEHALF OF Claimant COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID NO. 38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID NO. 97130 SHAWN P. McCLURE, ESQUIRE PA ID NO. 205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00835-053 1b002581 V001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, vs. Civil Action No. 2008-04197-P STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/Owners or Reputed Owners, Vs MADISON & SON BUILDERS, Contractor. At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy and remove the above-captioned Mechanic's Lien Claim. BERNSTEIN LAW FIRM, P.C By: 40, hAv- Sworn to and before me day of %25 O0M"1W? ? ? +vHSYtvan? Unft BOA ?, pa?? Ib002581 V001 ??? "...wwtC N?007'24 a,1 ' Y1viuN? AMiods"No or Nom Shawn P. McClure, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: 0835-053 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HUDSON INSULATION SUPPLY, OF PA, LLC, Plaintiff/Claimants, vs. Civil Action No. 2008-04197-P STRICKLAND BROTHERS CONSTRUCTION, LLC, Defendant/owners or Reputed Owners, Vs MADISON & SON BUILDERS, Contractor. CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing Praeci e for Satisfaction of Statement of Mechanic's Lien Claim was served on the parties by regular U. S. p postage prepaid, this Mail, day Of 2008, addressed as follows: Strickland Brothers Construction, LLC 621 Creek Road Carlisle, PA 17013 Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 4W, Ib002581 V001 C?? r`- tK\ CA $1,1 4S] t ?f } ? T (") -0 CIO -c