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HomeMy WebLinkAbout04-1650BILSHER, INC., dPo/a Roto-Rooter Plumbing Sewer-Drain & Septic Service, Claimant VS. MARY E. KEAT 222 Woodland Avenue New Cumberland, PA 17070 Owner : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : MECHANICS' LIEN MECHANICS' LIEN CLAIM Claimant Bilsher, Inc., d/b/a Roto-Rooter Plumbing Sewer-Drain & Septic Service (hereinafter "Bilsher"), by and through its counsel, Skarlatos & Zonarich LLP, files this claim against certain improvements and property at 222 Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania for the payment ora debt due to Bilsher as a contractor for labor and materials furnished by Bilsher in the repair and replacement of the improvements. In support thereof, Bilsher makes the following statement: 1. The Owner of the property is Mary E. Keat, an adult individual whose last known address is 222 Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The property and improvements which are subject to this claim is Cumberland County Parcel Number 25-25-0006-145, which is land and certain improvements owned by Mary E. Keat (hereinafter "Owner") located at 222 Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The labor and materials for which the debt is due were furnished for the agreed sum of $5,343.63 pursuant to a written contract executed on October 6, 2003 and pursuant to a written contract executed on October 16, 2004, under which Bilsher was to be paid for time and materials furnished by Bilsher and its employees at their standard rates and prices paid for materials. A copy of the executed contracts for the repairs and improvements is incorporated herein and attached hereto as Exhibit "1". 4. The labor and materials furnished consisted of the following: (a) Labor: 49 hours of work by three (3) men at their standard rate in connection with the excavation of a basement floor and installation of a sump pump system; reinstallation of basement floor; excavation and replacement of main sewer line; backfill and tamp excavation. An itemization of work performed is contained in Exhibit "2". (b) Materials: sump pump, pump pit assembly, sump pump discharge pipe and fittings; sewer main pipe and fittings. 5. Bilsher completed all work at the property on January 7, 2004, which is less than four months before the filing of this claim. 6. Claimant has not been paid for the stated labor and materials, and there is due and owing a balance of $5,343.63, plus interest, costs and attorneys fees for which claim is made. A true and correct copy of the invoice sent to Owner requesting payment of said balance is attached hereto and incorporated herein as Exhibit "3". Dated: April 15, 2004 Respectfully submitted, SKARLATOS & ZONARICH LLP Todd F. Tmntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attomeys for Bilsher, Inc. VERIFICATION I, WILLIAM K. LAIRD, SR., declare that I am the Presidem of Bilsher, Inc., that I am authorized to make this verification on its behalf, and hereby certify that the facts set forth in the foregoing Mechanics Lien are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Mechanics Lien is that of counsel and not my own. I have read the Mechanics Lien, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Mechanics Lien is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Mechanics Lien are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. BILSHER, 1NC. Dated: /~Jl J~"~, ~Ob'""J BY: WILLIAM K. LAIRD, SR. PRESIDENT EAST SHORE 234-3332 273-0605 264-3392 WEST SHOP~E 737-8494 243-891 I 624-401 I 230 South Tenth S~ Lemoyne, PAIT043 October 6, 2003 Page I of 2 Proposal Submitted To: Name: Mary Keat Address: 222 Woodland Ave city/State/Zip: New C~m~erland PA Telephone ~er: 717-774-7643 17070 Work To Be Performed At: Address: City/State/Zip: 222 Woodland Ave New C,~mherland PA 17070 Rotc-Rooter will furnish all labor and materials to accomplish the following: 1. Excavate the main sewer line outside the north side of the house from where the building drain penatrates the foundation wall to the clean out in the front yard for an entire line replacement. Also replace the 4" cast iron drain from inside the basement to the outside sewer line. 2. The trench will be up to 60' long, 2' wide and up to 4' deep. The existing clay pipe will be removed and new PVC pipe installed with a clean out for future use. 3. After the work is completed the trench will be filled with stone, above and below the pipe, backfilled with excavated earth and tamped. 4. Proposal includes all necessary permits & inspections. 5. Workmanship guaranteed for i year. NOTE: The cost is $8,465.00. If the customer removes the concrete walk from the side of the house the cost will be $7,915.60. THE PROPOSAL DOES NOT INCLUDE THE FOLLOWING: 1. Rock, unsuitable soils or any unanticipated underground obstructions. 2. Removal of any hazardous material if encountered. October 6, 2003 Page 2 of 2 1. Rotc-Rooter will perform the work described and supply all required materials for the sum of $8,465.60 or $7,915.60 OPTION i 50% of the cost($4,232.80) upon execution of agreement OPTION 2 50% of the cost($3,957.80) upon execution of agreement OPTION I 50% of the cost($4,232.80) upon completion of work OPTION 2 50% of the cost($3,957.80} upon completion of work All material is guaranteed to be as specified on 1st page and will be completed according to standard practice in a workmanship manner. Unless specifically stated otherwise above, repair of streets sidewalks and the like shall not be the responsibility of Rotc-Rooter. In the event excavation is required, the excavated area will be graded to ground level and mounded to allow for settlement. All landscaping required following completion of the job shall be the responsibility of customer. In the event circumstances arise in the course of performance which necessitate deviation from the work described or if customer requests that additional work be undertaken, a new written work description shall be executed. 5. Rotc-Rooter shall maintain workers' compensation and public liability insurance. This proposal constitutes our entire agreement and may be withdrawn by us if not accepted within 30 days. No modi- fications of this agreement shall be valid unless in writing and signed by both parties. Respectfully submitted ~~ Date 10/6/03 ~f~Eisenhour, Li~elT~d Master ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted: EAST SHORE 234-3332 273-0605 264-3392 WEST SHORE 737-8494 243-8911 624-4011 230 South Tenth S~ Lemoyne, PAI7043 October 16, 2003 Mary Keat 222 Woodland Avenue New C~m~erland, PA 17070 Dear Mary Keat, We hereby propose .to furnish all materials and perform all labor necessary for the completion of a Sump pump installation to ~he following specifications: Excavate the basement concrete floor to install a sump pump pit. Connect the floor drain line to the pit. Install pump and pipe discharge from the pump up the basement wall through the wall and run the discharge just below the ground level to the edge of the sidewalk by the grass at the alley. After repairs are completed the concrete floor will be brought back to existing status. This work is to be performed at 222 Woodland Avenue New C~m~erland for Mary Keat, owner. The total cost $2,771.67. Payment is as follows: $1,385.83 upon acceptance of the proposal and $1385.84 upon completion of work. Wrokmanship is guaranteed for I year. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon order of the owner and will become a~ extra charge over the sum mentioned in this contract. Workmen's Compensation and Public Liability Insurance on the above work shall be provided by the Contractor. This agreement shall be deemed null and void if not signed within thirty days. Respectfully Submitted, ff Eisenhour Rotc Rooter Central PA ACCEPTED; OWNER 234-3332 737-8494 R~r~ BILSHER INC. 273-0605 243-8911 ~ 230 South Tenth St. 264-3392 624-4011 O~'r~rR. Lemoyne, PA 17043 393-9448 653~9566 1-800-GET-ROTO "www. rotorooter, com ~ SEWER AND DRAIN CLEANING NOW YOUR PLUMBER TOO! Save this invoice for your guarantee INVOICE: DESCRIPTION OF WORK DATE OF SERVICE: 23-20451 90 TASK NUMBER PRICE TERMS OF PAYMENT: CASH I~1 CREDIT CARD Here's the ixoblem I found and fixed. Length of Une Ft. Cleaned__ R. Uachine: 55 JR. NL VI. T.R M.L.R.__ G UAP~ANTEE OTHER CHARGES INVOICE AMOU~rS Customer Offered & D~ined Diagnostic Walk Thru TOTAL NET30I~1 CHECK I--I ~HECK# A$40. OO processing fee w#l be added for all retumed checks! y~our problem wa~s ~--'i JOB IF THE JOB IS NOT COMPLETED COMPLETED I~IyES ~INO ENTERDATETORETURN I~/ I do hereby state that work has b~en instalied/per~med in a workmanlikexmanner: Technician Signature # This is to acknowledg~ completion? the above described work which has been done to my completion sa§sfac6on; Date: / " / t Customer Signature: I WE APPRECIATE YOUR BUSINESS, THANK YOUI PART # DESCRIPTION, VENDOR & P.O. # PRICE QTY USED · ....... Ikl PART # DESCRIPTION OF PART PRICE QTY USED ~"--' ' ' TOTALS TOTALS W SEWER AND DRAIN ~LEANING * ** NOW YOUR PLUMBER TOO! SAVE THIS INVOICE FOR YOUR GUARANTEE CUSTOMER NAME CUSTOMER PHONE TENANT NAME ~~D~D~VE 23-20451 9e TYPE OF SERVICE WORK ORDER AUTHORIZATION GUARANTEE I hereby authorize you to perform the above described services and I agree to pay the amounts indicated to the right. I hereby certify that I TE'RMS OF PAYMENT CHECK [] RES/COMM [] PLUMOING [] OF I [] CREDIT CARD [] INDUSTRIAL [] I P [] S T P [] NET 30 [] CASH [] c~.~ol ROOTS SLUDGE GREASE POSS. DIP RAGS OTHER: FT I [~] SATH TUB: ~ TOILET BOWL OTHER CHAR~GES $ PANY will charge the CUSTOMER'S credit $20.00 I~ccessing fee // DATE CUSTOMER SIGNATURE FT. TOTAL PARTS LASOR TOTAL L~ OTHER TAX EXEMPT TAX TOTAL INVOICE AMOUNTS This is to acknowledge completion of the above described work which has been done to my complete satisfactio~ I __ SERVICEMAN'S NAME 02 [] INDUSTRIAL 04 [] IND. PROD. P DIVISION 05 [] STP 07 [] HVAC I 0~ [] OFI I iNVOICE DATE PART # DESCRIPTION. VENDOR & P.O* # P~CE TOCUST QTY USED #1ellL'lmam(~m),~l PART # # SERVICEMAN'S NAME AND # *To be completed by Inventory Mar~agerlClerical Staff TOTALS DESCRIPTION OF PART CLERK'S SIGNATURE i'Nve'C N-° ' 533 ? TOTALS # 234-3332 737-8494 BILSHER INC. ~'~'~r~l, Ie 273-0605 243-8911 230 South Tenth St, 264-3392 624-4011 Lemoyne, PA 17043 393-9448 653-9566 1-800%GE~ROTO · www. rotorooter, com ~' SEWER AND DRAIN CLEANING ' NOW YOUR PLUMBEB TOO! Save this invoice for yot~r guarantee STATE ZIP ~- t'7070 STATE ZIp DESCRIPTION OF WORK N-9--'70054 ICA'RE OF SERVICE: CUSTOMER PHONE '77 ~4- 7(,,'4,5 FEDERAL I.D. NUMBER 23-2045190 CHARGE CARD # TiME IN AM TiME ARR. ("AI~ TIME DONE TASK NUMSER TENANT NAME PHONE# PURCHASE ORDER # AM TIME OUT PRICE OTHER CHARGES INVOICE AMOUNTS SIGNATURE TITLE TERMS OF PAYMENT: CASHr~ CREDITCARDF1 NET30[~ CHECK[~ CHECK# Here's the problem I found and fixed. : [~ main sewer line [~ soap residue JOB j IF THE JOB IS NOT COMPLETED COMPLETED n YES ,~LNO ENTER DATE TO RETURN \~ TOTAL Diagnostic WalkThru IU A $40.00 processing fee wfll be added for afl returned checks/ Here is where your problem was Length of LJne FL Cleaned Ft. Machine: 55 JR. NI. VI. T.P, M.L.R. I do hereby state that wok ~h~. been installed/perf0~ed in a workmanlike manner; TechnicianSigneture -3"-,aJ~ ~ ~lt~- '¥ ~e~ # to+ c{ This is to acknowle:lge completion of the above descr~z~d work which has been done to my completion satidaclion. Date: '~t / O3 / O3 Cust0merSignature: ~ PART # DESCRIPTION, VENDOR & P.O. # PRICE QTf USED gell.~.u[~'~ PART I WE APPRECIATE YOUR BUSINESS, THANK YOUI DESCRIPTION OF PART PRICE QTY USED o% H-" PVC TOTALS TOTALS 234-3332 737-8494 BILSHER INC. 273-0605 243-8911 230 South Tenth St. 264-3392 624-4011 O~ER® Lemoyne, PA 17043 393-9448 653-9566 1-800-GET-ROTO · www. rotorooter, com SEWER AND DRAIN CLEANING NOW YOUR PLUMBER TOO! Save this invoice for your guarantee 81LUNG ADDRESS STATE ZIP DESCRIPTION OF WORK INVOICE; N-° 71452 DATE OF SERVICE: CUSTOMER PHONE TENANT NAME · 77y- 36 ~ FEDERAL LD, NUMBER PHONE# 23-20451 90 CHARGE CARD # PURCHASE OFIOER # TASK NUMBER PRICE SIGNATURE TITLE TERMS OF PAYMENT: CASH I~ Here's the problem I found and fixed. CREDIT CARD I-'1 NET 30 (~ CHECK [~ CHECK # OTHER CHARGES INVOICE AMOUNTS Customer Offered & D lined Diagnostic Walk Thru ~ TOTAL I A $40.00 processing fee will be added for all returned checks! Here is where your problem was Length of Li~e Ft. Cleaned Ft. Machine: 55 JR. NI. VI. T.R M.L.R. ~is is toacknowled~e completion of the above described work which has been done to my completion salJsfasf~n. Date/ ~:~ 0..~ CustomerS n ture ~'~" ~'""'~-- :~."~.-~'~ : t / / ig a : ~ ! WE APPRECIATE YOUR BUSINESS, THANK YOUI PART # DESCRIPTION, VENDOR & P.O, # PRICE QTY USED ~ot~4~e[~l~ PART # DESCRIPTION OF PART PRICE QTY USED I#~-~~'t ' JOB IF ?HE J0~ I$ N0? C01&PLETED COMPLETED [-I YES I~INO ldo hereby state ~lat woriph~s, been ~stalled/perfermed i~a ~rkrnar~l~ manner: Technician Signature ,c~.~E TOTALS TOTALS 234-3332 737-8494 ""--'"'--"--'le'lml. mLSHER INC. ~73-0606 243-89~ ~ 230 South Tenth St. 264-3392 624-4011 O~R® Lemoyne, PA 17043 393-9448 653-9566 1-800-~G~T-ROTO · www. rotorooter, com SEWER AND DRAIN CLEANING' NOW YOUR PLUMBER TOO! Save this invoice for your guarantee CUSTOMER N,N~E STATE ZIP P// / 707'0 STATE ZIP DESCRIPTION OF WORK iNVOiCE: N-o ' 70055 ~ATE OF SERVICE: CUSTOMER PHONE TEN^.T ~MB '7 7~/ - 7693 FEOEF~AL i.D. NUMBER PHONE# 23-2045190 Y TASK NUMBER PM PRICE OTHER CHARGES INVOICE AMOUNTS SIGNATURE TITLE TERM$ OF PAYMSNT: CASHI~1 CREDIT CARD [~ NET30I~1 CHECK ~11 CHECK# ~ ma~ ~r Ihe ~ s~ residue JO~ JF THE JOB IS NOT COMPLE~ ~ s~mmg ~1 line ~ other COMPLIED ~ YES ~NO E~ER DAlE TO RE~RN ~ ~/~ ~ I ~ her~ s~ ~at ~ h~ ~n hs~d~ in a ~anlike manne~ Length ol Line Ft. Charted R. Machine: 55 JR, NI. VI. T.R M.L.R.__ This ~s to ad(nowied~ completion of the above described work which has been done to my completion satisfaction. Date: ~ / ~. / =,~) CustomerSigna~e:(~) PART # DESCRIPTION, VENDOR & P.O. # PRICE Q3Y USED i~.~'l,~e~l pAJ~T # / / / Customer Offered & D lined Diagnostic Walk ThnJ ~ TOTAL A $40.00 processing fee will be added for all returned checks/ Here is where your problem was I WE APPRECIATE YOUR BUSINESS, THANK ,Y,,OUI / DESCRIPTION OF PART PRICE QTY USED ~lelf-qIIi~lqI TOTALS TOTALS .... HE- INC 234-3332 737-8494 UIL~5 I1 . 273-0605 243-8911 230 South Tenth St. 264-3392 ROAR® Lemoyne, PA 17043 393-9448 624-4011 653-9566 1-800-G~ET{ROTO · www. rotorooter, com SEWER AND DRAIN CLEANING ' ~ NOW YOUR PLUMBER TOO! Save this invoice for your guarantee STATE ZIP STATE ZJP DESCRIPTION OF WORK CUSTOMER PHONE FEDERAl. I.D. NUMBER ')3-2045190 CH,~q GE CARD # ~ME IN AM TIME ARR. (AM~TIME DONE TASK NUMRER iNVOICE: .... N--°' ~70056 DATE OF SERVICE: TENANT NAME PHONE# PURCHASE ORDER # AM TIME OUT AM PRICE GUARANTEE $1GNA3IlRE TERMS OF PAYMENT: CASH {~J Here's the problem I found and fixed. TITLE CREDIT CARD ~ NET 30 [~ CHECK [~ CHECK # Length of Une Ft. Cleaned__ R. MachJne: 55 JR. NI. VI. T.R M.L R. Customer Offered & Oe4~llned Diagnostic Wall( Thru (.J TOTAL A $40.00 processing fee vWII be added for all returned checks! Here is where ,~y°ur problem was JOB IF THE ,/OB IS NOT COMPLETED COMPLETED I-lyEs I-INo ENTER DATE TO RETURN ~ 0'~ I do hereby state that work has been instelled/pedormed in a workmanfike manner: TechnicianS~gnature ~'e~,~ * ~.e.~,, ~'/~ # Th~s is to acknowk~ge completion of the abo~ described work which has been done to my completion sa~sfacfion. Date: ~_J~J C, / 03 CustomerSignature~"*~ PART # DESCRIPTION, VENDOR & P.O. # PRICE QTY USED ¢ellqiE~(~}.'~ PART # 9,.%.~ ~-,o-,.~o,,. ~ ?4* 1~1~ e~ / / / WE APPRECIATE YOUR BUSINESS, THANK YOUI DESCRIPTION OF PART PRICE QTY USED TOTALS TOTALS SOLD TO: ROTO-ROOTER PLUMBING SEWER-DRAIN & SEPTIC SERVICE 230 S. 10TH STREET LEMOYNE. PENNSYLVANIA 17043 (717) 737-8494 (717) 234-3332 243-8911 273-0605 624-4011 264-3392 393-9448 653-9586 PROPERTY SERVICED INVOICE MARY KEAT 222 WOODLAND AVE NEW CUMBERLAND PA 17070 222 WOODLAND AVE NEW CUMBERLAND PA 17070 III II Ii I Illll ir-iiii,1 FINZS/{~D PROPOSAL WORK. . . 5343.63 MESSAGE: SUgTOYAL SALES TAX DISCOUNT 5343.63 Interest charged at 1,5% per month on unpaid balance after 30 days. A MECHANICS LIEN against subject property will be filed within 60 days of completion of work described on this invoice unless full payment is received by Roto-Rooter as specified. 5343.63 SHERIFF'S RETURN - CASE NO: 2004-01650 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BILSHER INC VS KEAT MARY E REGULAR SI4JtAFNON SHERTZER Cumberland County,Pennsylvania, says, the within MECHANICS LIEN CLAIM Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon by handing to KEAT MARY E the OWNER at 1400:00 HOURS, on the 5th day of May , 2004 at 222 WOODLAND AVENUE NEW CUMBERLAND, PA 17070 MARY E KEAT a true and attested copy of MECH3tNICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /~ ~ day of ~ ~ A.D. So Answers: R. Thomas Kline 05/06/2004 SKARI~ATOS By: & ZONARICH BILSHER, INC., d/b/a Roto-Rooter Plumbing Sewer-Drain & Septic Service, Claimant VS. MARY E. KEAT 222 Woodland Avenue New Cumberland, PA 17070 Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1650 CIVIL TERM : MECHANICS' LIEN PRAECIPE TO SETTLE~ SATISFY, AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued, and costs paid; or, please mark the above matter SATISFIED. THIS MATTER WAS INDEXED FOR THE FOLLOWING: Mechanics' Lien dated April 16, 2004. SKARLATOS & ZONARICH LLP Date: June 2, 2004 I.D. No. 83302 204 State Street Harrisburg, PA 17101 (717) 233-1000 DISCONTINUANCE CERTIFICATE AND NOW, ~ 3. ,.~Y~ '/ above directed. suit has been marked as PROTHONOTARY/,,~'~