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Home My WebLink About08-4912Frank A. Nardo, Jr., Esquire Supreme Court I.D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 . CLAIMANT DOCKET NO. D? ?[' Jl JYI f? V. ERIC J. DESROSIERS, 808 Michigan Avenue Lemoyne, PA 17043 OWNER MECHANIC'S LIEN (Pursuant to 49 P.S. § 1101 et seq.) MECHANIC'S LIEN CLAIM 1. Claimant is Woodland Concrete, Inc. (herein, "Claimant"), a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with an office and principal place of business located at 43 Industrial Road, Brownstown, Lancaster County, PA 17508. 2. Claimant files this Mechanic's Lien Claim as contractor. 3. The owner of the property subject to this Mechanic's Lien is Eric J. Desrosiers (herein, "Owner"), an adult individual having a residence address of 808 Michigan Avenue, Lemoyne, Cumberland County, PA 17043. DOCKET NO. 4. The property which is the subject of this mechanic's lien claim is the parcel of real estate, improved with an existing dwelling and a new in-ground swimming pool constructed thereon, located at 808 Michigan Avenue; Lemoyne, Cumberland County, PA 17043 (herein, "the Subject Property"), which is more fully described in a deed dated October 28, 1998 and recorded in the office of the Cumberland County Recorder of Deeds at Record Book 188, Page 551. A copy of said deed is attached hereto, marked as Claimant's Exhibit "A", and it is incorporated herein. 5. In addition to work performed under the Contract, Claimant also performed similar work on the Subject Property for Owner, as a subcontractor, under a separate contract between Claimant and Anthony & Sylvan Pools ("Anthony & Sylvan Contract"). 6. Claimant has been paid for its work performed pursuant to the Anthony & Sylvan Contract, and no claim is being made under this mechanic's lien claim for the portion of Claimant's work performed on the Subject Property pursuant to the Anthony & Sylvan Contract. 7. This Mechanic's Lien Claim is being made by Claimant for labor and materials provided by Claimant directly to Owner on the Subject Property, as follows: Labor and materials to construct a new colored and textured concrete pool deck, walk and steps, with related work incidental and attached to a new in-ground swimming pool on the Subject Property, pursuant to a written contract between the Owner and Claimant dated October 1, 2007 for the contract sum of Twenty Thousand Eight Hundred Thirty-six Dollars ($20,836.00) (herein, "the Contract"). A copy of the Contract, which contains a more specific description of the work performed by Claimant on the Subject Property, is attached hereto, marked as Claimant's Exhibit "B" and it is incorporated herein. -2- DOCKET NO. 8. The last day that Claimant performed work on the Subject Property, which included work pursuant to the Contract, was May 29, 2008. 9. Claimant performed all of Claimant's obligations under the Contract; specifically, all of Claimant's work on the Subject Property under the Contract was completed on May 29, 2008. 10. The amount remaining unpaid by Owner under the Contract, claimed to be due by Claimant and the subject of this Mechanic's Lien is the sum of Ten Thousand Four Hundred Eighteen Dollars ($10,418.00). 11. Additionally, Claimant claims Court costs and interest, pursuant to the terms of the Contract, at the rate of 1 '/2 % per month on the unpaid balance, until paid. 12. The said work performed by Claimant for which this Mechanic's Lien Claim is being made is incidental to the erection and construction of an improvement, that is, a new in- ground swimming pool servicing and attached to the existing dwelling on the Subject Property. 13. The improvement and property subject to this Mechanic's Lien Claim is the single family residence, with in-ground swimming pool, located on the Subject Property, i.e., 808 Michigan Avenue; Lemoyne, Cumberland County, PA 17043, more fully described above. SUBMITTED Dated: August 15, 2008 By: JkanqX?-NarcW, Jr. Esquire S me Court I.D. No. 80108 P. . Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant Woodland Concrete, Inc.) -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 . CLAIMANT DOCKET NO. V. ERIC J. DESROSIERS, 808 Michigan Avenue MECHANIC'S LIEN Lemoyne, PA 17043 (Pursuant to 49 P.S. § 1101 et seq.) OWNER VERIFICATION I, Greg Wilson, am the Corporate Vice President of Woodland Concrete, Inc., the Claimant, and I am authorized to sign this verification on behalf of the Claimant. The words of the foregoing Mechanic's Lien Claim are those of my attorney and not mine, however, the document is based upon information that I have provided to my attorney or that my attorney has found upon reasonable investigation and provided to me. The facts averred in the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief, and I understand that this verification is made subject to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ?? I I ta og ?,&, L, e-, U%/, Date Greg son, V. P., Woodland Concrete, Inc. ?7q 62 ?' lip i 11 GtiUH1 i • i lb M fl? 9 ? 'fax parool No. ,i . 7.11101 • 98 p0U in the Year THIS INV[NTURfe, trade the day of Nineteen Hundred Nlneh?-Field (1998). 0 t"'", Ms wi(e, o(4936 5aowat and SANDRA L SHI/M, antes of the first part, e WEEN u 32034, heroinalta referred to as TAanws P An(elia N and, , Flori Flood Anvil' AND DESK0$lfR$, of 430 Merman Avenue, Lemoyne, hweinalter referred to as "Crar?eee", ER1C {. parly of the set;;ond pad. for and In WITNUSETh1, That said Gm *m' Paw of the (Ito W. ??, lawful 1301106 ($213,000 cauider,don of the sum of7wo 4u(s el? ? ? paid by pre" Bald Grantee to the staid united States of America, seni& the retaipt Whereof is ttwney , 01 Ole at and before the sealing and deliver/ of thew enlaoffed Grantor, owledged, l+ara granted, bargairwd, sold, atlem , , reicasod, eonvaY?d hit4by adu' esents do trait, stn, ?e11, alien, enfeol4 release, Canvey and toriflrmed, wid by 01094 pr Mt helrs Old a""! find carfirm Unto the said Grantee. al of 104 situate e in and the Borough of ALL THAT CERTAIN piece or part bo described as Lemoyne, Cumbmiand County. Perinsyw"tia, (ul(bws: o ef:GtNNING at a po;nl on the sotxh side of Mithigart Avenue, %Wd side of In saetip? of the south pt,int being a distance Of 213.0 east fog of RNfew Road; dtcnet by the south l,tlchtgm Avenue and a cwvc to the right having a radius of 300A feat side of wchit;an Avenue by same N 62• $6, E a distaniti an arc length of 75.29 (ed to a point; thence by S Z7. 04' E a point at lino of Lot g?% thonty by same • of t 14.71 tact to a ?t M aline u( lot 115; thence by same S 62 distance Of ig0•'14 luus st to a point 1nr lMnce a" Lot 16 S 546 37' Mr W SG' W a distance of 85.69 (eel1) si?1 , 114 ot Pla p77; t" thofence by game a distance of 42.81 feel to a polrtt al ling of L Lot 4S• 59 BEGINNING. N S3' W a distance of 187.89 feet 10 a preint .ob :r.:15o 1+W., CLAIMANT'S EXHIBIT "A" (4 Pages) r.1 WERLAli1O COUNTY 1nst.01419837968 • P590 1 ' BEING lot No.78 on & e, of LOD Section N a of Suxsuehamo Hills for Gumbcdand County, ennsysylvanie, as Susquehanna Enterprises, Inc. in plan gook volume 33, Pa6e 7, BEING the same pra++lses which Susqueltarr+a a ti 1963an recorded PenrKYlvanid corporation, by its Deed dated August B, d for August 10, 1983, in the office of the Recorder of Pads tin granted Cumberland County, Pennsylvanla In Deed Bode I, Vol' 30, sq, and conveyed unto R. Stq)hen Sltibla and Sandra L. ghibld, Grantors herein. This conveyance is made end accepted and said really is I+oreby granted, conveyed and assigned upon and subject to the protective covenants, conditions, resulctiow, reservations and limitations set lonh in an Instrument tlw entitled'Protectlve Covenants for SusAue ueh?tna Enter e.' nced°Ad 1.'"' day of lunC, 1970, executed by of Deeds In and for the County of m .0rded in the Office for the Recording Cumberland, Pennsylvania, In fAisueliancous uook, Volume 235, Page 515. FURTHER UNDER AND SVOIECT to :onlog regulations, ordinancerc easemonts, building and other reslA long, privileges and 6610 of W serving companies, rights of wily, reneevatlons, and protective covenants uI record and those visible on the subNu premises, end wlsject to aN agreements ts an or tike mailers of rat b In visible 'on the strests ands hand lghwayss,whether6ior nut ownership in the public opened, TOGETHER with all and slngular the buildings and Improve menis, ways, streets, alleys, passagek waters, water-courses, rigiNS, liberties, privileges, horedhamonts and appurtenanceK whatsoever unto the hereby granted premises belonsun& or to anywise ALSO and profits appertaining, and the reversions laid rernalnders. r ntsand demand whatsoever, of tDhe srt d all the u9tate, light, lido, Inhere cf, M?m'o the same. Grantors, both In law and equity, TO HAVE AND TO HOI.D tine said plate or parcel of land above desQibed, with the building and Improvement thereon erected, hereditemalts and premises herett'y granted, or meiKioned and intended in to be, with the apPurtenartces, unto the said Grantee, his hplrs and assigns, to and for the only p'ol'o use and behoof of the aid Grantee, his heirs and assigns forever. AND the said Grantors, for themselves, their heirs, executers a"d adrninistrotors do covenant, grant and agree to and with the sold Grantee, his hairs and COOK 08 rzd: 551 assigns, that they, the said Grantors, for themselves ,f their alb iind Intlins,eaIse o singular the heraditantents and preetisas hereby granted, or and d? against the said be, with the appurtenances unto the said Grantee, Grantors, tlteir helm and assigns, and against all and every other person or persons, whomsoever, him, her, them or any of hem shat aclaim ili by that or any Part theraul, by, ("I of Nremis, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said Gnottom, have caused this Deed to be executed the day and year first above voillen. I7?NESS; .. RAC ?? (.• "TORS, R, Step n Shl la Nl? l?o i r ::IU F ?, ;ti Ji I ? } v ? ! fi iii . ? .•a !t W + M 11 ly ! h^ :,Q ail . ? AY iIF Y,J W •4 ?.+ ?? i'~ `•- ;^ •?• u ,1 (SEAU Sandra L. Shlbia / j Iw i24A I w0e.. J'88 r9f 552 S• COMMONWEAMI1OFPENNSYLVANIA) 55: COUNTY OFr; /,Ui.l ' FiOl 1 On this . •7,?1 ?rday of +=?4? 1996, before me, a NAY Public, the underslgned oflicer, pvs"ly aPPewd R, Stephen Shiloh and Sandra L. Shtbla, knowtl to me (or satis(worlly proven) to he the persons whose names ere suburtW to the within document and acknowledged that they gtecuted the same for the purposes Ihereln contained. IN WITNESS WI•IFREOr, I have hereunto as my hand:uW noiaria) seal. 1 st?os My Commission Expires: M„n., rawtrw'? K'°wrw?M (SEAL) ?`?" •?. M.Mrr.. ?. CERTIFICATE OF RESIDENCE ttt r; sSr.RED t1Y nub hero certify slut (he precise residence of the Grantee I'Min is as follows: L'98014(;tt OF L OWYN A Eric I. Desroeivo I. 14 t 808 Mishigen Avenue ?_?sl?..•-W,V.??i. Lemoyne, PA 17043 .r for Grantee CpMMONWEAIfN Of PENNSYLVANIA I SS: COUNTY OF CUMOERLANO I ?iOED In the Ulpoe of the Recarder of heeds, in and for said County, in Record kook , Par-gL41 WITNESS my hand and official said 1hA day off 10 1998. ???.r? ??I ooa J Wj rim 553 ?? `` ^• ,`111,11 CUMt1ERLAND COUNTY Inst1i ..?.,....nnn? •11•?O•KO AAA V WOODLAND CONCRETE, INC. P. O. Box 697 Brownstown, PA 17508.0697 Commercial Industrial Residential (717) 859-4770 FAX # (717) 859-4834 PROPOSAL SUBMITTED: ERIC DESROSIF.R5 DATE: OCTOBER 1. 7007 STREET ADDRESS: 808 MIC111GAN AVENUE JOB NAMr: A & S / DESROSIERS CITY, STATE, ZIP CODE: LEMOYNE, PA 17043 JOB LOCATION: SAME PiiO'\E: W - 71'1.770.1630 :Erie Crll-717.979.8133 DATE OF PLANS. 6-13.07 by Anthony & Sylvan r,-n.i.d by CP as 1041-07 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR PROVIDING CONCRETE WORK ACCORDING TO VERBAL. ulRECI LIVEN BY THE OWNER FOR THE REFERENCED PRaIECT AND AS FURTHER DESCRIUD'HEREIN. OUR PROPOSAL INCLUDES: ANTHONV R SYLVAN POOLS ON CONTRC"r : 1427 sq. ft COLORED and TEXTURED CONCRETE DECK @ S 11.50 per sq. R:.......... $16,411.00 42 tin. ft of 6" STEP RISERS (4) @ S 40.00 per lie. ft ........................... ....... S 1600.00 ,00 ?Yy,.t Pam ON ct N'rRA(T TO ANTHONY dr SYLVAN .« Sltt, ?<• - PROPOSED ADDITIONAL WORK by WOODLAND CONCRETE : R. S 18.469.tN? ADD17'K)NAL COLORED and TEXTURED CONCRETE DP:CK-16% sq. R. (TOTAL 3033 sq. ft.) Qtr 3 11.50 per sq. ADDITIONAL STONE BEYOND 4" DEPTH WILL BE BILLED @ S 33.30 per TON. CALCI$- SQ. FT. X TTIICkNF.SSS X I.4R per CUBIC FT. (125) i LOS per 2000 TON (2000) _ 63 TONS 3033 X .33 X 125 i I40.00 6 tin. ft. of SI'1:P RISERS (48 lin. III. Total for Deck) (dt3 S 40.00 per lie. R . .................................. . .......................... .......... 3 84.00 8 sq. R. of TREADS @ S 10.00 per lie. it ............................................................................... r . ? ........... « (q3 S 1140 pe W •••• •'• • """""' ADDITIONAL COL.ORFD and TEXTURED CONCRETE WAt.K-148 %q. R. S 1.702.00 ...................... S 320.00 ....... ............................ 8 tin. (t. of STEP RISERS @ S 40.00 per tin. re ............................................................................................................. 2_5 sq. G. of TREADS @ S 10.00 per On. R...................................................................................................... ............. S 25.00 RESEAL EXLSTINC, COLORED and TEXTURED CONCRETE : 289 sq. LL @ S 2.14 .............................. S 621.35 ............... ..... N / C ...............•....•• S 20,8: WE PROPOSE hereby to furnish material and labor - complete in aceordaneo With above specifications, for the stem of ! TV THOUSAND a ._? payment to be made as follows: So% DUE UPON RVCP:IPT OF SIGNED PROPOSAL. NET DUE. UPON COMPLE' ' N. 1-1R•/r FINANCE CHARGE PER MONTII UN UNPAID.0MOUNT AFTER 30 DAYS. z2a All material 6 gwuanuxd ar be us specified. All work to be completed in a workmanlike Authorized manner according to stSlidard practices. Any alteration or deviation from stenve Specili- Signature cations involving extra costs will tx csecuted upon written or verbal Orden. Slid will. becanc in extra charge over and above the estimate. All agreements continecnt upon strikes, accident: or delays beyond our control. Owner to carry fire, tornado, public liability and (,then accessary isurunce. Our workers ore fully covered by Workmen's Compensation Insurance. ACCEPTANCE O? PROPOSAL •. The prices. specifications. Terms and Conditions and SeOpe Clarification sheets arc wlisf=Ofy and are hcmby accepted. You are authorized to do the: work as specified. Payment will be made us outlined in this proposal. Datc of Acc4•ptan(c - - -- POSAL Page: I of 1 Note: Thu proposal may be withdraMm if not ac-pted within thirty days. Signature Signature PLEASE SIGN AND RETURN I COPY OF THE PROPOSAL WITH. YOUR DEPOSIT CLAIMANT'S EXHIBIT "B" (3 Pages) Page: 2 of 3 ADDI'T'IONAL TERMS AND CONDITIONS 1. This proposal is valid for 30 days after which, if not accepted, it may be withdrawn by Woodland Concrete, Inc. 2. All dimensions and square footage calculations for purposes of costing are not to exceed final dimensions at the time of Instal- lation. If the contract price is based upon square footage prices, additional work above the estimated Aquare footage amount will be billed at the square footage rates. unless otherwise noted in the contract. 3. Material thickness noted is an average thickness. d. Voles otherwise specified, any concrete demolition and removal is based upon a concrete thickness of 4" and having no reinforcement. Any additional charges for thicker or reinforced concrete will be based on the time and material involved. 5. Should Woodland Concrete, Inc. encounter subsurface or lotcnt physical conditions at the site of the work to be completed under this Contract that differ materially from those indicated in this Contract or unknown physical conditions at the site of as unusual nature, which differ materially from those ordinarily encountered sad generally recognized as inherent in work of the character provided for in this Contract, Woodland Concrete, Inc. shall be entitled to recover any costs incurred by Woodland Concrete, Inc. as a result of said unforeseen/differing site conditions. Unforeseen conditions resulting in extra labor or materials will be billed at S45. per man hour, plus equipment at our normal rates, and material at our delivered cost plus a profit and overhead factor of 20%. 6. Woodland Concrete is not responsible for damage to yard or driveways caused by trucks and equipment used, unless such repair is specifically included in the contract. 7. Woodland Concrete is not responsible for weather ( e.g. rein, wind, temperature. etc.) related damage, including consequential damages, to the customer's property during Woodland Concrete's performaaes of this contract. 8. Woodland Concrete will make all reasonable efforts to minimize cracking, however, no guarantees are made that cracking will not occur. 9. Woodland Concrete is not responsible for unstable baekfill or soil which may settle or move causing displacement of finished concrete surfaces, walls and (noting#. Unless specifically contracted for, Woodland Concrete is not responsible to determine the bearing capacity of soil under any of its concrete work. Woodland Concrete is not responsible for the failure of any of its concrete work, or consequential damages, arising from insufficient compaction, inadequate soil bearing capacity, expansive soil, or other subsurface conditions underlying Woodland Concrete's work. 10. Chemical deicing of concrete is harmful to the concrete and is not recommended. Chemical deicing may cause spilling, cracking, and discoloration of the concrete finish, for which Woodland Concrete, Inc. will not be responsible. It. Materials like stone and slate have imperfections. Stamped concrete also will have imperfections. Variations of color, depths of impressions, edge texture and alignment of joints are some of the variations and/or imperfections that can be expected in stamped concrete. 12. Stamped concrete will require periodic resealing to maintain the appearance of the finish. Resealing Is not included in this contract and cement, 13. Concrete color will vary from pour to pour. Color can be affected by many things Including sand, aggregate, which varies from day to day and supplier to supplier. Color can also be affected by weather. 14. If you have contracted for colored or stained concrete, your color will be reflective of the samples, photos and/or color chart shown to you, but an exact match to any of these can not, and is not, guaranteed. I5. If the buyer should decide to cancel, any payments made by you will be returned following receipt by the seller of your cancellation notice. Any goods delivered to you under this contract will be made available to the seller in substantially as good condition as when received. The buyer will be responsible for the cost of special ordered materials that are not returnable or any incurred re-stucking charges. 16. Woodland Concrete will not be responsible for any materials tracked into the buyers house, car, etc. Woodland Concrete is not responsible for acts of vandalism or unrepairable damage caused by the negligence of others. 17. The person signing the contract certifies that they have the authority to enter into this agreement and further certifies that their representative, should they not be personally available to approve any o, the work in progress. has: full authority to approve the work or request changes on the signing party's behalf. I8. The consumer notice and right to rescind applies only to residential consumers who are parties to the contract and for work to be performed at the party's residence. 19. Invoices are due and payable within 30 days of the date of the invoice. All sums remaining unpaid more than 30 days after the date of the invoice will accrue interest at the rate of 1 1/2% per month, for an annual rate of 18% per year. Should timely payments not be made to Woodland Concrete, Inc. as provided in this Contract, Woodland Concrete, Inc. may suspend work until all undisputed arrearnges are paid in full. 20. If asbestos, Iced, or say environmental hazardous material is found the project will be stopped immediately until the material is tested and/or removed. Woodland Concrete, Inc. assumes no responsibility, either physically or financially, for the testing or removal of any such basardous material. In the event that said asbestos, lead, or other hazardous material is not removed within 30 days, Woodland Concrete, Inc. shall have no further obligation to perform its duties set forth in the Agreement and the Customer shall pay Woodland Concrete, Inc. for all services performed prior to such discovery. 21. if Woodland Concrete is required to commence legal action to collect any unpaid amounts under this agreement, the customer hereby agrees to pay all court costs and reasonable attorneys' fees incurred by Woodland Concrete, tis Contract eolltetion of such unpaid amounts. The parties hereto agree that jurisdiction for any dispute arising under shall he in Lsneaster County. Pennsylvania. r WOODLAND CONCRETE, INC. JOB: ANTHONY & SYLVAN - DESROSIERS DATE: OCTOBER 1, 2007 Page: 3 at 3 SCOPE CLARIFICATION • NOTE ADDITIONAL CHARGES FOR THE FOLLOWING: • Rate for additional work S _45.00„ /hour. • Concrete at NA_/yard beyond specified thickness • Stone at S35.50 /ton plus placement costs beyond specified thickness. Labor and/o_r concrete pump if site is not directly accessible by trucks unless otherwise specified. • Costs related to underground utilities and/or other unforeseen items are excluded by this proposal. • Rock excavation will be billed to customer on a*time and material basis. • Items not specifically mentioned on our scope sheet, should be considered as not inchidrd. • Any alterations or deviation from above specifications involving extra cost will become an extra charge over and above the estimate. SPECIAL NOTE: Use of deicers is not recommended as they may cause spalling,'cracking and discoloration of the concrete. COLORED and TEXTU'R>li:D_ ?Q1 "V w v V Y h C n, n t"? C7 C -n k; co C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 CLAIMANT CIVIL DIVISION DOCKET NO. Cog-' 112- MI-D V. ERIC J. DESROSIERS, 808 Michigan Avenue MECHANIC'S LIEN Lemoyne, PA 17043 (Pursuant to 49 P.S. § 1101 et seq.) OWNER NOTICE OF MECHANIC'S LIEN CLAIM TO: ERIC J. DESROSIERS 808 Michigan Avenue Lemoyne, PA 17043 PLEASE BE ADVISED THAT ON AUGUST 15, 2008, A MECHANIC'S LIEN CLAIM WAS FILED IN THE OFFICE OF THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AT DOCKET NO. _0 - 4 QI Z M L 5 . A TRUE AND CORRECT COPY OF THE MECHANIC'S LIEN CLAIM IS ATTACHEDAERETO.^ Dated: August 15, 2008 r A. ardo, Jr. Esquire Burn ourt I.D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant Woodland Concrete, Inc.) THIS NOTICE ISANATTEMPT TO COLLECT A DEBT AND ANYINFORMATION OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THE DEBT REFERENCED HEREINAND PROVIDE WRITTEN NOTICE OF THE DISPUTE WITHIN THIRTY (30) DAYS, VERIFICATION OF THE DEBT WILL BE MAILED TO YOU. IF WRITTENNOTICE IS NOT RECEIVED WITHIN THIRTY (30) DAYS, THE DEBT WILL BEASSUMED TO BE VALID. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOODLAND CONCRETE INC VS DESROSIERS ERIC J SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DESROSIERS ERIC J the OWNER , at 1056:00 HOURS, on the 6th day of September, 2008 at 808 MICHIGAN AVENUE LEMOYNE, PA 17043 by handing to ERIC DESROSIERS 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 15.00 Affidavit .00 Surcharge 10.00 00 Sworn and Subscibed to before me this day So Answers: s R. Thomas Kline 09/08/2008 WOODLAND CON ETE C r By: Depu Sheriff of A. D. AFFIDAVIT OF SERVICE SHERIFF'S RETURN - REGULAR CASE NO: 2008-04912 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOODLAND CONCRETE INC VS DESROSIERS ERIC J SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM DESROSIERS ERIC J the OWNER at 1056:00 HOURS, on the 6th day of September, 2008 at 808 MICHIGAN AVENUE LEMOYNE, PA 17043 ERIC DESROSIERS was served upon by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Affidavit Surcharge 913, 18.00 15.00 .00 10.00 .00 43.00 Sworn and Subscibed to So Answers: R. Thomas Kline 09/24/2008 WOODLAND CONC E INC By: before me this day Deputy Sheriff of Sin{'synbar 2uc A. D. C. a-I N OTARUL8EAL -"- 10 JODV 8. SMRM, MQTMY PUBLIC Ci1?16?l+ %M, My Cww#89w Exok w"4, 2= iwo Filed By: Frank A. Nardo, Jr., Esquire Supreme Court LD. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff/Claimant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., Claimant/Plaintiff V. ERIC J. DESROSIERS, Owner/Defendant . CIVIL DIVISION DOCKET NO. 08-4912 MLD COMPLAINT UPON MECHANIC'S LIEN NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the enclosed, 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 OR KNOW A LAWYER, THEN YOU SHOULD 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, PA 17013 Telephone No. (717) 249-3166 THIS COMPLAINT ISANATTEMPT TO COLLECTA DEBTAND ANY INFORMATION OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THE DEBT REFERENCED HEREINAND PROVIDE WRITTEN NOTICE OF THE DISPUTE WITHIN THIRTY (30) DAYS, VERIFICATION OF THE DEBT WILL BE MAILED TO YOU. IF WRITTENNOTICE IS NOT RECEIVED WITHIN THIRTY (30) DA YS, THE DEBT WILL BE ASSUMED TO BE VALID. DOCKET NO. 08-4912 MLD AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 -2- DOCKET NO. 08-4912 MLD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION Claimant/Plaintiff DOCKET NO. 08-4912 MLD V. ERIC J. DESROSIERS, Owner/Defendant COMPLAINT UPON MECHANIC'S LIEN COMPLAINT IN ACTION UPON MECHANIC'S LIEN (Pursuant to Pa. R. C.P. 1656) Plaintiff, Woodland Concrete, Inc., by and through its attorney, Frank A. Nardo, Jr., Attorney & Counselor at Law, files this Complaint in Action Upon Mechanics' Lien averring as follows: 1. Plaintiff/Claimant is Woodland Concrete, Inc. (herein, "Plaintiff'), a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having a principal place of business at 43 Industrial Road, Brownstown, Lancaster County, PA 17508. 2. Defendant/Owner is Eric J. Desrosiers (herein, "Defendant"), an adult individual having a residence address of 808 Michigan Avenue, Lemoyne, Cumberland County, PA 17043. 3. Plaintiff contracted directly with Defendant and is a "contractor", as defined at 49 P.S. § 1201. 4. On August 15, 2008, Plaintiff filed a mechanic's lien claim (herein, "the Mechanic's Lien Claim") with this Court at the above-captioned docket, to wit, No. 08-4912 MLD. 5. Notice of Mechanic's Lien Claim, with a copy of the Mechanic's Lien Claim attached, was personally served upon Defendant by the Cumberland County Sheriff on September 6, 2008. -3- DOCKET NO. 08-4912 MLD 6. A true and correct copy of the Notice of Mechanic's Lien Claim and the Mechanic's Lien Claim is attached hereto, marked as Plaintiff's Exhibit "A" (12 Pages), and incorporated herein by reference. 7. The contract (herein, "the Contract") between Plaintiff and Defendant was in writing and a copy of which is attached hereto as a part of Exhibit "A". 7. The total amount sought by Plaintiff in this action is less than $50,000.00, which is the amount requiring compulsory arbitration pursuant to C.C.R.P. No. 1301-1. WHEREFORE, Plaintiff respectfully requests that the Court order judgment entered for Plaintiff and against Defendants in the amount of Ten Thousand Four Hundred Eighteen Dollars ($10,418.00), together with interest accruing at the rate of 1.5% per month pursuant to the Contract, from the date of completion the work through the date of payment of the judgment, if permitted by law; Court costs and sheriff costs of service; Plaintiffs attorney's fees incurred in prosecution of this action pursuant to the Contract, if permitted by law; and any other relief permitted by law and deemed just by the Court. Dated: October 17, 2008 -4- Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff/Claimant Woodland Concrete, Inc.) DOCKET NO. 08-4912 MLD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION Claimant/Plaintiff DOCKET NO. 08-4912 MLD V. COMPLAINT UPON ERIC J. DESROSIERS, MECHANIC'S LIEN Owner/Defendant VERIFICATION I, Stas Valldes, am the Corporate President of Woodland Concrete, Inc., the Plaintiff/Claimant, and I am authorized to sign this verification on behalf of the Plaintiff/Claimant. The words of the foregoing Complaint are those of my attorney and not mine, however, the document is based upon information that I have provided to my attorney or that my attorney has found upon reasonable investigation and provided to me. The facts averred in the foregoing Complaint in Action Upon Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief, and I understand that this verification is made subject to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Alold Date Woodland Concrete, Inc. -5- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 CLAIMANT V. ERIC J. DESROSIERS, CIVIL DIVISION DOCKET NO. 0 ?LD 808 Michigan Avenue MECHANIC'S LIEN Lemoyne, PA 17043 (Pursuant to 49 P.S. § 1101 et seq.) OWNER NOTICE OF MECHANIC'S LIEN CLAIM TO: ERIC J. DESROSIERS 808 Michigan Avenue Lemoyne, PA 17043 PLEASE BE ADVISED THAT ON AUGUST 15, 2008, A MECHANIC'S LIEN CLAIM WAS FILED IN THE OFFICE OF THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AT DOCKET NO. 08- 4q12, MID . A TRUE AND CORRECT COPY OF THE MECHANIC'S LIEN CLAIM IS ATTACHED HERETO. Dated: August 15, 2008 A. P.O. Box 5084 Jr. Esquire I.D. No. 80108 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant Woodland Concrete, Inc.) THIS NOTICE IS ANA TTEMPT TO COLLECT A DEBT AND ANYINFORMATION OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THE DEBT REFERENCED HEREIN AND PROVIDE WRITTEN NO TICE OF THE DISPUTE WITHIN THIRTY (30) DAYS, VERIFICATION OF THE DEBT WILL BE MAILED TO YOU. IF WRITTEN NOTICE IS NOT RECEIVED WITHIN THIRTY (30) DAYS, THE DEBT WILL BE ASSUMED TO BE VALID. s s Frank A. Nardo, Jr., Esquire Supreme Court I. D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant) n C= ? ca ca -n Ka r7 C"!l CZ C rn - -r PT`, 0 %1D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 CLAIMANT V. ERIC J. DESROSIERS, 808 Michigan Avenue Lemoyne, PA 17043 OWNER CIVIL DIVISION DOCKET NO. Dj- tj RZ MECHANIC'S LIEN (Pursuant to 49 P.S. § 1101 et seq.) MECHANIC'S LIEN CLAIM 1. Claimant is Woodland Concrete, Inc. (herein, "Claimant"), a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with an office and principal place of business located at 43 Industrial Road, Brownstown, Lancaster County, PA 17508. 2. Claimant files this Mechanic's Lien Claim as contractor. 3. The owner of the property subject to this Mechanic's Lien is Eric J. Desrosiers (herein, "Owner"), an adult individual having a residence address of 808 Michigan Avenue, Lemoyne, Cumberland County, PA 17043. DOCKET NO. 4. The property which is the subject of this mechanic's lien claim is the parcel of real estate, improved with an existing dwelling and a new in-ground swimming pool constructed thereon, located at 808 Michigan Avenue; Lemoyne, Cumberland County, PA 17043 (herein, "the Subject Property"), which is more fully described in a deed dated October 28, 1998 and recorded in the office of the Cumberland County Recorder of Deeds at Record Book 188, Page 551. A copy of said deed is attached hereto, marked as Claimant's Exhibit "A", and it is incorporated herein. 5. In addition to work performed under the Contract, Claimant also performed similar work on the Subject Property for Owner, as a subcontractor, under a separate contract between Claimant and Anthony & Sylvan Pools ("Anthony & Sylvan Contract"). 6. Claimant has been paid for its work performed pursuant to the Anthony & Sylvan Contract, and no claim is being made under this mechanic's lien claim for the portion of Claimant's work performed on the Subject Property pursuant to the Anthony & Sylvan Contract. 7. This Mechanic's Lien Claim is being made by Claimant for labor and materials provided by Claimant directly to Owner on the Subject Property, as follows: Labor and materials to construct a new colored and textured concrete pool deck, walk and steps, with related work incidental and attached to a new in-ground swimming pool on the Subject Property, pursuant to a written contract between the Owner and Claimant dated October 1, 2007 for the contract sum of Twenty Thousand Eight Hundred Thirty-six Dollars ($20,836.00) (herein, "the Contract"). A copy of the Contract, which contains a more specific description of the work performed by Claimant on the Subject Property, is attached hereto, marked as Claimant's Exhibit "B" and it is incorporated herein. -2- DOCKET NO. 8. The last day that Claimant performed work on the Subject Property, which included work pursuant to the Contract, was May 29, 2008. 9. Claimant performed all of Claimant's obligations under the Contract; specifically, all of Claimant's work on the Subject Property under the Contract was completed on May 29, 2008. 10. The amount remaining unpaid by Owner under the Contract, claimed to be due by Claimant and the subject of this Mechanic's Lien is the sum of Ten Thousand Four Hundred Eighteen Dollars ($10,418.00). 11. Additionally, Claimant claims Court costs and interest, pursuant to the terms of the Contract, at the rate of 1 '/2 % per month on the unpaid balance, until paid. 12. The said work performed by Claimant for which this Mechanic's Lien Claim is being made is incidental to the erection and construction of an improvement, that is, a new in- ground swimming pool servicing and attached to the existing dwelling on the Subject Property. 13. The improvement and property subject to this Mechanic's Lien Claim is the single family residence, with in-ground swimming pool, located on the Subject Property, i.e., 808 Michigan Avenue; Lemoyne, Cumberland County, PA 17043, more fully described above. SUBMITTED Dated: August 15, 2008 By: -NarcW, Jr. Esquire S me Court I.D. No. 80108 P. . Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Claimant Woodland Concrete, Inc.) -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION 43 Industrial Road P.O. Box 697 Brownstown, PA 17508-0697 CLAIMANT DOCKET NO. V. ERIC J. DESROSIERS, 808 Michigan Avenue MECHANIC'S LIEN Lemoyne, PA 17043 (Pursuant to 49 P.S. § 1101 et seq.) OWNER VERIFICATION I, Greg Wilson, am the Corporate Vice President of Woodland Concrete, Inc., the Claimant, and I am authorized to sign this verification on behalf of the Claimant. The words of the foregoing Mechanic's Lien Claim are those of my attorney and not mine, however, the document is based upon information that I have provided to my attorney or that my attorney has found upon reasonable investigation and provided to me. The facts averred in the foregoing Mechanic's Lien Claim are true and correct to the best of my knowledge, information and belief, and I understand that this verification is made subject to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Og Date Greg 'son, V.P., Woodland Concrete, Inc. '3702 cut g? NQU M Bn 9 -'15 lax Parml No. 12 -!)1 -02 -Ally M. T1415 INDENTURE, OWN the day of • ' in flue year Nineuen Hundred Ninety-ElOd (1998). eti'WEEN It. STEPHEN SHIDLA and SANDRA L. SWLA, his w((e, of 4936 Seawalch Lrriv% ARwlta island, Florida 32034, hereinafter referred to as'0antors", patties of the first part, AND ERIC f. OESROStERS, of 430 Merman Avenue, Lemoyne, hmelnafter rekrted to u "Cra"te", nary of the semad put. WITNISSETHi, That said CraWAM. Pudes Of the (1111 PA Wr and in consideration of the fain of Ywo Handal! FMeen Thousand Dollars 0213A0 AM, IaW(uf munay of the United Swiss of Manta, well and truly paW by tine said Crania to the said Grantors, at and before Ober wallas and delivery of these premenlk the rocelpl wheroa is hereby u*nowlodSed, have gparded, buwlnW. soil, alienod, enkoffed. m1rosad, conveyed and conlim*4 and by these presents do i<rm% bapdn, sail, alien, ankoff, raleme, convey and cadirm unto the said Cranise, No heirs amA assi;pes, ALL THAT CERTAIN pim or parcel of fend, situate In the 8wouSh of Lamoynt: Cumbfrlind County, Pennsylvartla, bounded and described as (ultbws: BECINNINC at a point on the south side of WtNipn Avenuo, sthid poiltt L,4wg a distance of 213.0 ken eery 0( 9" In"NOWph of dw south side of Wchlsan Avenue anti ow east side of Riverview Roil; o mm- by the south s(dtt of McNitan Avenue by a curve to the rijht having a radius of 300.0 ken all arc length of 75.29 loot to a point thence by sane N Gr 36' E a thstantts of 114.71 tact to a point al lino of Lot 070; Om w by sans S 270•04' E a disimwe of 180.94 fast to a point al aline ul Lot ds; thence by same S 620 SW W a distance ul 85.89 (set to iptrinr; thence along Lot 96 S 544 37' 3(r W a dislmce of 42.81 feel to a point at line of la 877; thence by same N 450 S9' $30 W a distance of 181.69 feet to a point, dw place of DECINNINC. Wj% rrrn.1 CLAIMANT'S EXHIBIT "A" (4 Pages) r.1IURERLANO COUNTY InatA 149831968 - Pogo 1 @EINC l,ot NO. 78 On a Plan of tots recorded in the Recorder's Orrice, Cumberland County, Pennsylvanie, as Section Nn. It of Susquehanna Hills for Susquehanna Enterprhes, Inc. in Platt Qook Volume 33, Page 7. BEING the same pranises which Stisqueltanna Fmierptlset, inc., a Pmmylvanla corporation, by its Deed dated August 8, )983 and mLYded August 10, 1983, in die Office of the Recorder of Deeds in and far Cumbeland County, Pennsylvania In Deed Book 1, Vol. 30, Page 159, granted and conveyed unto R. Slel*wan Shibla and Sandra L. Shtbia, Cranlors heroin. This conveyance It mado and accepted and said really is hereby granted, conveyed and assigned uport and subject to the protective covenants, conditions, rcudcliats, reservations and limitations set forth in an Instrument entitled •Prosedlve Covenants for Susquehanna Hills Section too, g", dated the 21" day of June, 1970, executed by Susqu¦hattaa Enleforlses, inc., and recorded in the Office for the Recording of Deeds In and for the County of Cumberland, Pennsylvania, In Mtstvilancous Ilook, Volume 235, Page 81 S. FURTHER UNDER AND SVIIICCT to :onlrrg regulations, ordinances, entemonts, building and other reslikilons, privileges and riglib of public service companies, rights of wiry, reservations, and protective covenants of rec%W and those visible on the subject ptemtses, and subject to all agreements or like matters of record or visible on the Premises, and suklect to all rights and ownership In the public In roads, struts and highways, whether or nut opened. TOGETHER with all end singular the buildings and Improvements. ways, slretas, Bile", Passages, water, water-courst's, righn, liberties, privileges, hiraditamonts and appurtonxsces, whatsoever unto the hereby granted pmYsises bNonghtg, of In anywisv appertaining, and the reversiom and remainders, ants, issues and prolits thereof, AND ALSO all the estate. right, title, Intamst, property, claim and demand whatsoever, of the said Grantors, both In law and equity, of, In and to the same. TO HAVE AND TO HOLD die said piece or parcel of land above docribed, with the building and Improvement the von erected, hewgta mis and premises herel)y granted, or mattionod and intended so to be, with the appurtenances, unto the fold Grantee, his bolts and assigns, to and for the only proper use and behoof of the sold Grantee, his heirs and assigns (orever. AND the said Grantofs, for themselves, their heirs, executas and administrators do covenant, grant and agree to and with the sold Crantee, his heirs and uuox iss nu s a assigns, that they, the said Grantors, fur themselves and their heirs and assigns, all and singular the harodlianients and txeetlses herebY granted, w mantlonad and intended solo be. with the appurtenances unto the said Grantee, his heirs and mlgns, against the said Grantors, their hein and assigns, and against all and every athw person or persons, whomsoever, lawfully dalming or to claim Use saint or any pan therauf, by, tram or wider him, her, them or any of them, Shall and Will, by that presents, WARRANT AND FOREVER DEFEND. IN Wfl'NESS WHEREOF, the said GrAtton, have caused this Deed to be executed the day and year first above wrlilem ITNESS; OM CAL) R. Step n Sh) a (SEAU sands 1. Shida yt? r, , 1?4 '•J •7 _• ? ? rA f h , J ee?JJ _• M Or ? • w r 3 : : . t s ? i a - ;' ',';'?'i ii ae:;+? ? ? burr. 1.ki8 nt?E 552 . . , ( ? ` q 1 { ? ? ,2r vL ?1Y It M W .6 T? C? lT. W ? ?i, . . ............ ..... ..... •r•• COMMONWEAL•I I I OF PENNSYLVANIA) 51: COUNTY OF,4 j aaf Jio llL . •?r1•_ Public, the On this day of me, twfore me, a NoWry undenIXned officer, personally apA WW R. Stephen WWII and Sandra L. Shtbla• known to me for satlsfaciodly proven) to be the persons whose names am subscrilmd to the within document and acknowledpd that they executed the same for Ow purposes Ihareln contained. IN WtrNBSS WI•IF.REOr, I have hereunto set my hand and noierlaf seal. % . •1 ? ,H 1 I ' .,/, Y ?? •r , ?? • Ollic • o w tt r"" ?;" I `; ' i My Commission Expires: t . . ,uoa . (SEAL) CERTIFICATE Of RESIDINCE .? S"FAW OY TIIQ hen certify that the preclse residence of the Grantee herein Is as follows: C?fla'J(EK OF ££IuOYN A C .L _ 19.. Eric 1.Owrealers 803 Mlchlgan Avenue `l•? t . Lemoyne, PA 17043 . 1 4?lloin Grantee CQMMONWEALTN OF PENNSYLVANIA I ne" SS: C;OUNW OF CUMOERLAND J .gWOROED in the Office of the Reorder of Deeds, In and for said Covey, in Record Book , Payu.°'iJ?'t WITNESS my hand and of dal seal this day of 0Y ,T + I t 098. i ?f • i,??f`.. Roco?rdv o7 o s 4 GOuIC f ?$ rr?6t 553 .,,,,•?,?,'?' ? • :, CUMBERLAND COUNTY Inat.f ...•..... «.nnn 44.49•90 a11A R E V I S ED PROPOSAL WOODLAND CONCRETE, INC. Commercial Industrial Residential Page: 1 of 3 P. O. Box 697 Brownstown, PA 17508-0697 (717) 859-4770 FAX tl (717) 859-4834 PROPOSAL SUBMITTED: ERICDESROSIERS DATE: OCTOBER 1, 2007 STREET ADDRESSi 801 MICHIGAN AVENUE JOB NAI++t>;: A & S / DESROSIERS CITY, STATE, 'LIP CODE: LEMOYNE, PA 17043 JOB LOCATION. SAME P110NE: W - 717.770.1640 ; Irk Cell.717.979.9133 DATE OF PLANS: C-13-07 by Atrtkony & Sylvan US fed GP on 100147 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR PROVIDING CONCRETE WORK ACCORDING TO VERBAL. 61REC GIVEN BY THE OWNER FOR THE REFERENCED PROJECT AND AS FURTHER DESCRIBED HEREIN. OUR PROPOSAL INCLUDES: ANTHONY k SYLVAN POOLS ON CONTRI-l' : 1427 sq. ft COLORED and TEXTURED CONCRETE DECK @ S 11.50 per aq. R:.......... $16.411.00 42 lie. R. or 4" STEP RISERS (4) @l S 40.00 per Ila. ft ................................................ S 1, 680.00 TOTAL PAID ON LQNTRAC'T TO AMONY R SYLVAN i S 18.09100 PROPOSED ADDMONAL WORK by WOODLAND CONCRETE ADDITIONAL COLORED and TEXTURED CONCRETE DUCK-1606 p. fl. (TOTAL 3033 sq. ft.) @ S 1150 per sq. n.......... S 111.469.110 ADDITIONAL STONE BEYOND V DEPTH WILL BE BILLED @ S 35.30 per TON. CALL'!). SQ. FT. X TflICKNF.SS X LOS per CUBIC Fr. (12-4) + LBS per TON (1000 ) 3033 X .33 X 125 + 2000 - 63 TONS 6 lin. ft. of bTk''P RlSkRS (48 tin. ft. Total for Deck) (0) S 40.00 per lie. ft. ............ I .......................................................... S 240.00 8;4. fl. of TREADS 0 S 10.00 per Its. ft ...................................................................................................................... S 00.00 ADDITIONAL. COLORED and TEXTURED CONCRETE WALK-1411 esq. lt. @ S 11.50 per rq. R ............................................. S 1.702.00 0 Ila. R. Of STEP RISERS 181 S 40.00 per lie. R............................................................................................................. S 320.00 2_4 sq. ft. of TREADS @ 110.00 ptr no. ft............ ............... ........................................................... .......................... S 23.00 RESEAL EXISTING COLORED and TEXTURED CONCRETE. 289 sq. M @ S 235 .............................. $62135 ........................... N / C BE DETERMINED BY WE PROPOSE hereby to furnish material and labor - complete in accordaneo with above specifications, for the sum of TWFNTV THOUSAND EIGHT HUNDRED SIXTY YARFE .... and .- 041100 ...n Dollars- S 20, 863X0 Payment to be made as follows; son'. DUE ItPON RF (:Y.IYT OF SIGNED PROPOSAL. NET DI1F. UPON COMPLII}' N. 1-Ir2% FINANCE CHARGE PLR •IONTII ON UNPAID AatOl;NT AFTER 30 DAYS. / -..-I /'1 All material is guarwa d w be as Specified. All work to be completed in a workmwdike Audwized >< manner according to Standard practices. Any alteration or deviation ltom ahuve Spec& Signature cations involving extra taus will be executed upon written or verbal orders, and wilt. SOW Itevieseneufve- beconte an extrv charge over and above the estimate. All a8roeincnts contingent upon strikes, accidenuc or delays beyond our control. Owner to carry tire, tornado, public liability and Note: This proptasal may be adwtuccessary insurance. Our work-err are fully covered by Workmen's Compensation Insurance. withdrawn if not ucucpted within thirty days. ACCEPTANCE OV PROPOSAL -- The prices. specifacutions. Terms and CConditioas and Scope Clarification shectS late xWisf Ctory and We hereby accepted. You arc uutborized to do the work as specified. Payment will be made as outlined in this proposal. Signature Date of Acceptance Signature PLEASE SIGN AND RETURN I COPY OF THE PROPOSAL WITH YOUR DEPOSIT CLAIMANT'S EXHIBIT (3 Pages) ADDITIONAL TERMS AND CONDITIONS 1. This proposal is valid for 30 days after which, if not accepted. it may be withdrawn by Woodland Concrete, Inc. 2. All dimensions and square footage calculations for purposes of costing are not to exceed final dimensions at the time of Instal- lation. If the contract price is based upon square footage prices, additional work above the estimated square footage amount will be billed at the square footage rates, unless otherwise noted in the contract. 3. Material thickness noted is an average thickness. 4. Unless otherwise specified, any concrete demolition and removal Is based upon a concrete thickness of 4" and having so reinforcement. Any additional ebarRes for thicker or reinforced concrete will be based on the time and material involved. 5. Should Woodland Concrete, Inc. encounter subsurface or latent physical conditions at the site of the work to be completed under this Contract that differ materially from those indicated in this Contract or unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognised as inherent in work of the charseter provided for ice this Contract, Woodland Concrete, Inc. shall be entitled to recover any costs incurred by Woodland Concrete, Inc. as* result or said unforeseen/differing site conditions. Unforeseen eooditioss resulting in extra labor or materials will be billed at 545. per man hour, plus equipment at our normal rates, and material at our delivered cost plus a profit sad overhead factor of 20%. 6. Woodland Concrete is not responsible for damage to yard or driveways caused by trucks and equipment used, unless such repair is specifically included In the contract. 7. Woodland Concrete 6 not responsible for weather (e.g. rain, wind, temperature, etc.) related damage, including consequential damages, to the customer's property during Woodland Concrete's performance of this contract. 8. Woodland Concrete will make all reasonable efforts to minimize cracking, however, no guarantees are made that cracking will not occur. 9. Woodland Concrete is not responsible for unstable baekfill or soil which may settle or move causing displacement of finished concrete surfaces, walls and footings. Unless specifically contracted for, Woodland Concrete is not responsible to determine the bearing capacity of sell tinder any of its concrete work. Woodland Concrete is not responsible for the failure of any of its concrete work, or consequential damages, arising from insufficient compaction, inadequate toil bearing capacity, expansive soil, or other subsurface conditions underlying Woodland Concrete's work 10. Chemical deicing of concrete is harmful to the concrete and is not recommended. Chemical deicing may cause spilling, cracking, and discoloration of the concrete finish, for which Woodland Concrete, Ine. will not be responsible. 11. Materials like stone sad slate have Imperfections. Stamped concrete also will have Imperfections. Variations of color, depths of impressions, edge texture and alignment of joints are some of the variations and/or imperfections that can be expected in stamped concrete. 12. Stamped concrete will require periodic resealing to maintain the appearance of the finish. Resealing Is not included in this Page: 2 of 3 contract 13. Concrete color will vary from pour to pour. Color can be affected by many things Including sand, aggregate, and cement, which varies from day to day and supplier to supplier. Color can also be affected by weather. 14. If you have contracted for colored or stained concrete, your color will be reflective of the samples, photos and/or color chart shown to you, but an exact match to any of these can not, and is sot, guaranteed. 15. If the buyer should decide to cancel, any payments made by you will be returned following receipt by the seller of your cancellation notice. Any goods delivered to you under this contract will be made available to the seller in substantially as good condition at when received. The buyer will be responslble for the cost of special ordered materials that are not returnable or any Incurred re-stocking charges. 16. Woodland Concrete will sot be responsible for any materials tracked into the buyers house, car, etc. Woodland Concrete Is not responsible for acts of vandalism or unrepairable damage caused by the negligence orothers. 17. The per4on signing the contract certifies that they have the authority to enter into this agreement and further certifies that their representative, should thev not be personally available to approve any of the work is progress, has full authority to approve the work or request changes on the signing party's behalf. 18. The consumer notice and right to rescind applies only to residential consumers who are parties to the contract and for work to be performed at the party's residence. 19. Invoices are due and payable within 30 days of the date of the invoice. All sums remaining unpaid more than 30 days after the date of the invoice will accrue interest at the rate of 1 1/2% per month, for an annual rate of 18% per year. Should timely payments not be made to Woodland Concrete, Inc. as provided in this Contract, Woodland Concrote, Inc. may suspend work until all undisputed arrearages are paid in full. 20. If asbestos, lead, or any environmental hazardous material is found the project will be stopped immediately until the material is tested and/or removed. Woodland Concrete, Inc. assumes so responsibility. either physically or financially, for the tasting or removal of any such baxurdous material. In the event that said asbestos, lead, or other hazardous material is not removed within 30 days, Woodland Concrete, Inc. shall have no further obligation to perform its duties set fortis in the Agreement and the Customer shall pay Woodland Concrete, Inc. for all services performed prior to such discovery. 21. If Woodland Concrete is required to commence legal action to collect any unpaid amounts under this agreement, the customer hereby agrees to pay all court costs and reasonable attorneys' feet incurred by Woodland Concrete, inc. in collection of such unpaid amounts. The parties hereto agree that jurisdiction for any dispute arising under this Contract shall he in Lancaster County. Pennsylvania. WOODLAND CONCRETE, INC. ,JOB: ANTHONY & SYLVAN - DCSROSIERS SCOPE CLARIFICATION COLORED and TEXTURED DATE: OC'T'OBER 1, 2007 Page: 3 of 3 Y ES NO • Building Permits Included - I ( j • Layout I [j • Work Area -'t'ruck access permitted • Driveway-Concrete truck access permitted • Ilxcavation • Stone & Grade Forming 0 Reinforcing Concrete mix 4000 psi COLORED • Concrete Ptun • Integral Color 12lb/ d *NOTE: Exact color match is not anteed. • Shake on Color *NOTE: Exact color match is not uaranteed. • Release Color *NOTE: Exact color match is not guaranteed, • Ex ansion Joint • Control Joints Saw C!Lt I El • Sealer • Skid Resistant Texture • Backfill • Seeding • Caulk • Frostwalls • Landscaping / and / site / driveway repair • PA 1 CALL: 1-800-24:-1776 • NOTE ADDITIONAL CHARGES FOR THE FOLLOWING: • Rate for additional work S-45.00--/hour. • Concrete at $ NA_/yard beyond specified thickness • Stone at S_35.50^/ton plus placement costs beyond specified thickness. • Labor and/or concrete pump if site is not directly accessible by trucks unless otherwise specified. • Costs related to underground utilities and/or other unforeseen items are excluded by this proposal. • Rock excavation will be billed to customer on a'time and material basis. • Items not specifically mentioned on our scope sheet, should be considered as not included. • Any alterations or deviation from above specifications involving extra cost will become an extra charge over and above the estimate. SPECIAL NOTE: Use of deicers is not recommended as they may cause spalling,' cracking and discoloration of the concrete. C`? ^,? ?''-a ?'1 ["? ? °3 LT: ? :"1 a C;,7 ?. ? {?, 3 _ .. _. _. : ' . .. r"? ? ~: -:" _ ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-04912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOODLAND CONCRETE INC VS DESROSIERS ERIC J SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DESROSIERS ERIC J the OWNER , at 0010:44 HOURS, on the 24th day of October , 2008 at 808 MICHIGAN AVENUE LEMOYNE, PA 17043 by handing to ERIC DESROSIERS DEFENDANT a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE & COMPLAINT IN ACTION UPON MECHANICS LIEN CLAIM and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 Postage ib Jt?q0? 4- 42 4 42 . 4 Sworn and Subscibed to before me this day of , So Answers:' R ."Thomas Kline' 10/27/2008 WOODLAND C N T NC r By: O?-- Deputy Sheri A. D. i -i Marc T. Levin, Esquire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant WOODLAND CONCRETE, INC. Claimant/Plaintiff V. ERIC J. DESROSIERS Owner/Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI NO. 08-4912 MLD CIVIL DIVISION PRAECIPE FOR ENTRY OF APPEARANCE TO THE CLERK: Kindly enter the appearance of Marc T. Levin, Esquire and John R. Esquire and Rhoads & Sinon LLP as counsel for Owner/Defendant, Eric J. the above-captioned matter. Respectfully submitted, RHOADS & SINON LLP Date: October 31, 2008 Date: October 31, 2008 B Y: Marc T. Levin Attorney I.D. 70294 By:-? I,, John R. Martin Attorney I.D. 204125 One South Market Squ P. O. Box 1146 Harrisburg, PA 17108- (717) 233-5731 Attorneys for Eric J. VANIA in 146 719943.1 ."`F CERTIFICATE OF SERVICE I hereby certify that on this J1 day of O C? , 2008, a true and co ect copy of the foregoing Praecipe for Entry of Appearance was served by means of Unit?d States mail, first class, postage prepaid, upon the following: Frank A. Nardo, Jr., Esquire P.O. Box 5084 Lancaster, PA 17606-5084 , V4- 4" Teresa H. Laughead C'S n,? r '1 -, Marc T. Levin, Esquire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant WOODLAND CONCRETE, INC. Claimant/Plaintiff V. ERIC J. DESROSIERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-4912 MLD Owner/Defendant COMPLAINT UPON MECHANIC'S LIEN STIPULATION Plaintiff, Woodland Concrete, Inc., by and through its counsel, Frank A. Nardo, Jr., Esquire, and Defendant, Eric J. Desrosiers, by and through his counsel, Marc T. Levin, Esquire, Rhoads & Sinon LLP, hereby agree and stipulate, as of November 14, 2008, as follows: 1) Plaintiff hereby amends the ad damnum clause in Plaintiff s complaint to state: WHEREFORE, Plaintiff respectfully requests that the Court order judgment entered for Plaintiff and against Defendant in the amount of Ten Thousand Four Hundred Eighteen Dollars ($10,418.00), together with Court costs and sheriff costs of service, and any other relief permitted by law and deemed just by the Court. The foregoing amended ad damnum clause is hereby incorporated into Plaintiff s complaint, by reference. 2) Defendant agrees to not file preliminary objections to Plaintiffs mechanics lien claim or complaint and agrees to file an answer with new matter to the complaint within 30 days of the date of this stipulation. Date: November 17, 2008 RHOADS & SINON LLP Date: ?/ 19 O By: .v` Marc T. Levin, squire Attorney I.D. 70294 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Eric .i. 'Desrosiers (717) 569-6380 Attorney for Woodland Concrete, Inc. -?; r b ? WOODLAND CONCRETE, INC. WOODLAND CONCRETE, INC. Claimant/Plaintiff V. ERIC J. DESROSIERS Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-4912 MLD COMPLAINT UPON MECHANIC'S LIEN _: 5..-1.". -CFRTI;FIC.ATE OF SERVICE. I hereby certify that on this _1 L6day of c^Z4rn???C2? , 2008, a true and correct copy of the foregoing Stipulation was served by means of United States mail, first class, postage prepaid, upon the following: Frank A. Nardo, Jr., Esquire P.O. Box 5084 Lancaster, PA 17606-5084 Teresa H. Laughead RHOADS & SINON LLP One So th ?1arkei Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 t3 t?o - G F, S1 CD .:..? (m.? Marc T. Levin, Esquire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant WOODLAND CONCRETE, INC Claimant/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC J. DESROSIERS Owner/Defendant CIVIL DIVISION NO. 08-4912 MLD COMPLAINT UPON MECHANIC'S LIEN NOTICE TO PLEAD To: Woodland Concrete, Inc. c/o Frank A. Nardo, Jr., Esquire P.O. Box 5084 Lancaster, PA 17606-5084 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. THE SAME IS HEREBY CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL FILE. RHOADS & SINON LLP By. Marc T. Levin, squire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant Marc T. Levin, Esquire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant WOODLAND CONCRETE, INC. Claimant/Plaintiff V. ERIC J. DESROSIERS Owner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-4912 MLD COMPLAINT UPON MECHANIC'S LIEN DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN ACTION UPON MECHANICS LIEN AND NOW comes Defendant, Eric J. Desrosiers, by and through his counsel, Marc T. Levin, Esquire, Rhoads & Sinon LLP, and provides the following Answer with New Matter to Plaintiff's Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Denied as stated. It is admitted only that with respect to a portion of the work performed by the Plaintiff, that Plaintiff contracted directly with the Defendant. The remaining averments contained in this paragraph are denied as a legal conclusion to which no response is required. Should a response be deemed necessary, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. However it is specifically and unequivocally denied that Defendant owes Plaintiff any money under the alleged contract. 725893.1 4. Admitted. 5. Admitted upon information and belief. 6. Denied. Plaintiff's Exhibit A is a document which speaks for itself, and therefore no response is required. However it is specifically and unequivocally denied that Defendant owes Plaintiff any money under the alleged contract. 7. The contract referred to in this paragraph is a document which speaks for itself, and therefore no response is required. However it is specifically and unequivocally denied that Defendant owes Plaintiff any money under the alleged contract. 7(sic). Admitted. WHEREFORE, Answering Defendant respectfully requests that judgment be entered in his favor and against the Plaintiff and that Defendant be awarded all appropriate costs and fees and any other relief permitted by law and deemed just by the Court. NEW MATTER 8. Defendant incorporates by reference its answers to Paragraphs 1 through 7 as set forth herein above at length. 9. Plaintiff has failed to state a claim upon which relief can be granted. 10. Plaintiff's Complaint is barred by failure of consideration. 11. Plaintiff's claim is barred by the doctrine of estoppel. 12. Plaintiff's claim is barred by the doctrine of Unclean Hands. 13. Defendant is entitled to a set off against Plaintiff's claim since Defendant will have to incur expenses up to the amount of Plaintiff's claim or in excess of the 2 amount of Plaintiff's claim in order to correct the various deficiencies in the concrete work performed by the Plaintiff. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff for an award of costs and attorney's fees, for the amount of a set off to be determined with further discovery and for any other relief permitted by law and deemed just by the Court. Respectfully submitted, RHOADS & SINON LLP By: Marc T. Levin, Esquire Attorney I.D. No. 70294 John R. Martin, Esquire Attorney I.D. No. 204125 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Owner/Defendant 3 VERIFICATION Eric J. Desrosiers, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Defendant's Answer with New Matter to Plaintiffs Complaint in Action Upon Mechanics Lien are true and correct to the best of his knowledge, information and belief. Date nc .D osiers CERTIFICATE OF SERVICE I hereby certify that on this day of ?e? i -, 2008, a true and correct copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint in Action Upon Mechanics Lien was served by means of United States mail, first class, postage prepaid, upon the following: Frank A. Nardo, Jr., Esquire P.O. Box 5084 Lancaster, PA 17606-5084 Teresa H. Laughead rc". CO } . Filed By. Frank A. Nardo, Jr. PA Supreme Court I. D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff/Claimant) WOODLAND CONCRETE, INC., : IN THE COURT OF COMMON PLEAS Claimant/Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL DIVISION ERIC J. DESROSIERS, Owner/Defendant DOCKET NO. 08-4912 MLD PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Woodland Concrete, Inc., by and through its attorney, Frank A. Nardo, Jr. Attorney & Counselor at Law, files this Reply to Defendant's New Matter, averring as follows: 8. No reply required. To the extent a reply is deemed necessary, Plaintiff incorporates herein Plaintiff's averments contained in Paragraphs I through 7 (s.i.c.) of the Complaint and, to the extent that Defendant's averments are contrary thereto, Defendant's averments are denied. 9. DENIED. Defendant states a conclusion of law requiring no reply and the averment is denied on that basis. Further, Plaintiff has indeed stated a claim upon which relief can and should be granted to Plaintiff, and Defendant's averment is also specifically denied on that basis. 10. DENIED. Defendant states a conclusion of law requiring no reply and the averment is denied on that basis. Further, Plaintiff's Complaint is not barred for any reason, including for failure of consideration, and Defendant's averment is also specifically denied on that basis. Plaintiff also denies that there has been any failure of consideration as to Plaintiff's work under the Contract, and Defendant's averment and inferences to the contrary are specifically denied. .a?` DOCKET NO. 08-4912 MLD 11. DENIED. Defendant states a conclusion of law requiring no reply and the averment is denied on that basis. Further, Plaintiff's claim is not barred for any reason, including by the doctrine of estoppel, and Defendant's averment to the contrary is specifically denied. 12. DENIED. Defendant states a conclusion of law requiring no reply and the averment is denied on that basis. Further, Plaintiff's claim is not barred for any reason, including by the doctrine of Unclean Hands, and Defendant's averment to the contrary is specifically denied. 13. DENIED. Defendant states a conclusion of law requiring no reply and the averment is denied on that basis. Further, Plaintiff specifically denies that Defendant is entitled to any setoff against the amounts claimed by and due to Plaintiff. Plaintiff also specifically denies that Defendant will have to incur any expenses related to Plaintiffs work. Plaintiff also specifically denies that there are any deficiencies requiring correction in the concrete work performed by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court order judgment entered for Plaintiff and against Defendant in the amount of Ten Thousand Four Hundred Eighteen Dollars ($10,418.00), together with Court costs and sheriff costs of service, and any other relief permitted by law and deemed just by the Court. Dated: December 23, 2008 By: "'r Narao, jr. A7Sutp?*eme and Counselor at Law PCourt I.D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff Woodland Concrete, Inc.) -2- I% DOCKET NO. 08-4912 MLD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION Claimant/Plaintiff DOCKET NO. 08-4912 MLD V. ERIC J. DESROSIERS, MECHANIC'S LIEN Owner/Defendant VERIFICATION I, Stas Valldes, am the Corporate President of Woodland Concrete, Inc., the Plaintiff(Claimant, and I am authorized to sign this verification on behalf of the Plaintiff/Claimant. The words of the foregoing Reply to New Matter are those of my attorney and not mine, however, the document is based upon information that I have provided to my attorney or that my attorney has found upon reasonable investigation and provided to me. The facts averred in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief, and I understand that this verification is made subject to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. g•d 2 a Da e 186969GLIL Sta4Valldcs, President Woodland Concrete, Inc. A3WN011H oaNuw 'u mwuNj 6fr=OI 8002 62 DOG ,....x a • DOCKET NO. 08-4912 MLD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION Claimant/Plaintiff DOCKET NO. 08-4912 MLD V. ERIC J. DESROSIERS, MECHANIC'S LIEN Owner/Defendant CERTIFICATE OF SERVICE I hereby certify that, on this date, I am serving a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon the following by depositing the same in the United States Mail, First Class, postage prepaid, addressed as follows, which service satisfies Pa.R.C.P. 440: Marc T. Levin, Esquire John R. Martin, Esquire Rhoads & Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (Attorneys for Owner/Defendant, Eric D,5,qosiers) Dated: December 23, 2008 FranV)k,Nardo, Jr. Attorney and Counselor at Law PA Supreme Court I.D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff Woodland Concrete, Inc.) -4- ' G ? /??y 4J w Y -+ WOODLAND CONCRETE, INC., : IN THE COURT OF COMMON PLEAS OF Claimant/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL DIVISION ERIC J. DESROSIERS, : DOCKET NO. 08-4912 MLD Owner/Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Frank A. Nardo Jr., counsel for claimant/plaintiff in the above action, respectfully represents that: 1. The above-action is at issue. 2. The claim of claimant/plaintiff in the action is $ 10,418.00. 3. There is no counterclaim. Owner/defendant pleads a setoff. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Marc T. Levin, Esquire and John R. Martin, Esquire of Rhoads & Sinon LLP (counsel for defendant); and Hubert X. Gilroy, Esquire of Martson Law Offices. WHEREFORE, your petitioner prays your Honorable Court to appoint three arbitrators to whom the case shall be submitted. / A. UBMITTED Dated: February 4, 2009 By: Fr A'.-?qfrdo, Jl- - PA preme Court I.D. No. 80108 0. 5084 13 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Woodland Concrete, Inc.) ORDER OF COURT AND NOW, this day of , 2009, in consideration of the foregoing petition, , Esq., , Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, EDGAR B. BAYLEY, J. . a. or I I. WOODLAND CONCRETE, INC., Claimant/Plaintiff V. ERIC J. DESROSIERS, Owner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOCKET NO. 08-4912 MLD CERTIFICATE OF SERVICE I hereby certify that, on this date, I am serving a true and correct copy of the foregoing Petition for Appointment of Arbitrators upon the following by depositing the same in the United States Mail, First Class, postage prepaid, addressed as follows, which service satisfies Pa.R.C.P. 440: Marc T. Levin, Esquire John R. Martin, Esquire Rhoads & Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (Attorneys for Owner/Defendant, Eric Desrosiers) Dated: February 4, 2009 F A. Nardb, Jr. A rney and Counselor at Law PA . upreme Court I.D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff Woodland Concrete, Inc.) 2 LU a6s C? b ?i 4p r r ? r'rl c.,.> 4-- 'Wl WOODLAND CONCRETE, INC., Claimant/Plaintiff V. ERIC J. DESROSIERS, Owner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOCKET NO. 08-4911 MLD PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Frank A. Nardo Jr., counsel for claimant/plaintiff in the above action, respectfully represents that: 1. The above-action is at issue. 2. The claim of claimant/plaintiff in the action is $ 10;418.00. 3. There is no counterclaim. Owner/defendant pleads ja setoff. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Marc T. Levin, Esquire and John R. Martin, Esqujire of Rhoads & Sinon LLP (counsel for defendant); and Hubert X. Gilroy, Esquire of Martson Lalw Offices. WHEREFORE, your petitioner prays your Honorable Court to appoint three arbitrators to whom the case shall be submitted. / P. Dated: February 4, 2009 By: UBMITTED Fr A'-Nlydo71? PA preme Court I.D. No. 80108 D.O. ° 50x4 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Woodland Concrete, Inc) AND NOW, this IC' da ffA foregoing pet' ion, Esq., and captioned action as prayed for. ORDER OF COURT of , 2009, i co sideration of the sq., JAL& Esq., are ?pointed arbitrators in the above es MOL?'? 0 ?Lr ` c - C EM. ?rkT 0.4- MW"" ?orh Joh?t. By e Court, EDGAR B. AYLEY, J. r ' >- Ln Liu _Ji}' L4J ;? Filed By: Frank A. Nardo, Jr., Esquire Supreme Court I. D. No. 80108 P.O. Box 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for PlaintiffIClaimant) WOODLAND CONCRETE, INC., : IN THE COURT OF COMMON PLEAS OF Claimant/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION ERIC J. DESROSIERS, DOCKET NO. 08-4912 MLD Owner/Defendant PRAECIPE TO MARK ACTION SETTLED SATISFIED & DISCONTINUED AND TO REMOVE MECHANIC'S LIEN TO THE PROTHONOTARY: Please mark the above-captioned action SETTLED, SATISFIED AND By: - Marc T. Levin, quire Rhoads & Sinon LLP One South Market Square, 12th Flr. P.O. Box 1146 Harrisburg, PA 17108-1146 (Attorney for Owner/Defendant) DISCONTINUED and the Mechanic's Lien REMO' Dated: &t, 2,Z--- , 2009 Dated: _01461 , 2009 P.C. B )x 5 084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff/Claimant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOODLAND CONCRETE, INC., CIVIL DIVISION Claimant/Plaintiff DOCKET NO. 08-4912 MLD V. ERIC J. DESROSIERS, Owner/Defendant CERTIFICATE OF SERVICE I hereby certify that, on this date, I am serving a true and correct copy of the foregoing Praecipe upon the following by depositing the same in the United States Mail, First Class, postage prepaid, addressed as follows, which service satisfies Pa.R.C.P. 440: Marc T. Levin, Esquire John R. Martin, Esquire Rhoads & Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-114 (Attorneysfor Owner/Defe 6 at' Eric J. Dated: 2009 A ey and Counselor at Law PA upreme Court I.D. No. 80108 P.O. 5084 Lancaster, PA 17606-5084 (717) 569-6380 (Attorney for Plaintiff, Woodland Concrete, Inc.). -2- 7THE: , 2009 A, F 'R F i i 12: C} Li o", WOODLAND CONCRETE, INC., PLAINTIFF V. ERIC J. DESROSIERS, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4912 CIVIL TERM ORDER OF COURT day of April, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. James D. Flower, Jr., Esquire, Chairman, shall be paid the sum of $50.00. By the Edgar B James D. Flower, Jr., Esquire - (If y 0"'a Lc Court Administrator - C°PY ?( ?cd_ (;J V, Lc :sal oy/2,g1U9 c? - ::ter ?- f f f C"•J