HomeMy WebLinkAbout09-0292MECHANIC'S LIEN CLAIM BY GENERAL CONTRACTOR
IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY
Daniel L Cutchall Ua
DBA ATFAB Services
(Name of Company-General)
20 Green Meadows Drive
Carlisle, Pa. 17013
(Address)
V.
Dan & Amy(Dettling) Breyer
51 Spur Road
Carlisle, Pa 17013
(Name and Address of Owner)
The undersigned files a Mechanic's Lien as follows:
NO. 07- a/02 Mkb
Owner/ Reputed Owner with Address:
Dan & Amy (Dettling) Brewer
51 Spur Road
Carlisle, Pa 17013
Property Subject to the Lien:
159 East Louther Street
Carlisle, PA 17013
Legal Description attached.
Lien Claimant and Address:
Daniel L Cutchall DBA ATFAB Services
20 Green Meadows Drive
Carlisle, Pa 17013
Phone: 717 386-8567 Fax:
Name of Project:
Dettling Remodel
1. Description of labor and materials with pricing (check one):
A lump sum/agreed sum contract was entered into with the above Owner on the
following date , a true and accurate copy of which is attached.
xxx The contract with the Owner is not for a lump sum/agreed sum and unpaid
invoices are attached, describing in detail the labor and materials.
The contract with the Owner is not for a lump sum/agreed sum and below is a
detailed description of labor and materials furnished, with the prices for each item:
1 of 3
02006 All rights reserved. (825) 899-8449. Email-infoQNatlonalUenLaw.com. Revised 12/05
a
Labor/Materials Description
Price
3. The principal amount due through 1/0% ("due date°) is $17,164. , plus interest, after
deducting just credits and offsets, and including change orders. The total price of the work
performed was $ 1717, 16JM , less payments of $ 0.00
4. The date of completion of the work for which this claim is made: 01/31/2008
5. The name and address of the person or company subcontractor has a contract or order
With is: ATFAB Services
Dated ` Daniel L Cutchall DBA ATFAB Services
(Name of Claimant/Co. Furnishing Labor and Material)
Name & Title: Daniel L Cutchall, Owner
(Signature)
PROTHONOTARYNOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010 .
2of3
02006 All rights reserved. (925) 899-8449. Email infoQNatlonalLienLaw.com. Revised 12/05
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lCQ3Q 7177573407 SAIDIS SHLFF M7SLAND 365 P02 AL 17 'M 14143
ROBERT P. ZIEGLER
RECORD:R OF DEEDS
CUMBERLAND COUNTY-PA Tax ParOel numbers 08. •21 03(8 -:L(j
'00JUL19 PSI 1 39 Tnss DMBD
Made the A day of T 2000,
Between nmsBY 14" FaoBa &I C=XT D11SOw, a aosporatisa
orgadved and esistiag under the Federal Ccadit Wtomi Act
("liraatorm 1
A M D
AW'. 3XIM 110, siMgle won", ("Grantee").
witness, that in consideration of the am of Forty Two
Tbousand ]line Buadred Dollars ($44,900.00) in hand paid, the
receipt wbersof is hereby acknowledged, and intending to be
legally bound hereby, the Grantors do grant and convey to the
Grantee, its heirs and assignat
AGL that certain property located in the First ward of the
Morough f Carlisle, Cumberland County, Pennsylvania, bounded and
described as followst
Ow the South by Bast Loather Streets an the went by property
now or fammerly 0! Marguerite C. Nosomigall on the worth by
prOparty new or foa7eriy of Marshall ?ttm r and an the Bast by
property now or formerly of Mary A. Shaeffer.
CMnMMKG la feet, mare or lea, on Bast Louther Street, and
extending in depth 116 feet.
39AV=4 thereon erected a brick dwelling house known and
numbered as 159 Bast Louther Street, Carlisle, Pennsylvania.
TOGBTM with an easement held in common with the owners of
the property on the Nest over an alley or passageway beginning at
the building line on Bast Louther street and extending thence
northwardly to the common fence line.
UM the same premises which Jeffrey D. Ryan and Dawn R.
Ryan, husband and wits, by their dead dated Jul " ,
and recorded in the Office of the sec r o ?s of
pCounty, Peansylvanis, is Dead Wook Volume
Uii? ag
4 unto Members First
e-dwr-- 1 credit Valon, ?a cgranted and orporation o anised and existing under
the Federal credit Union Act, Grantor herein.
AM the Grantor will warrant specially the property hereby
conveyed.
iM "STAYS M MMY, the Grantor hem hereunto not its hand and
1
"ON 225 WE 610
V
7177373407 SAIDIS SFIFF MLA ND 363 P03 AL 17 100 14343
seal the day and year first above written.
AITM
.
MEM:"R;tt1CMD
ByRobert L. CCIl97DiMFAM OF PENMYLVANIA i
cawry or
OR the le day Of , 2000, before me personally case
I J* t11nrn 1 ing fly sworn, did acknowledge
nun ereeirl to be toe of Nenbers lot Federal
Credit Union, and that he/sbe ass car, being autborised to
do so, executed the foregoing instrument an behalf of said
corporation for the purposes therein contained. In testimony
whereof, X have hereunto subscribed my name.
NITNEES NEEREDF, I hereunto set my hand and official seal.
?'A ,
ary c d?18?
r expiresr Ijab K R7ym,W?Mt Puw
d wCa.eeY?kn°1;60071
rwnse, ?wr.llrr ermMwn a
CERTIFY, that the precise address of the Grantee isr
159 East Louther Street, Carlisle, Pennsylvania 17013.
P1
wK 225 FAce SO
717737344077 SAIDIS SH.iF MASLA D 368 P04 AL 17 100 14144
CON ONNZRLTR. OF PODUrYLVANIA s
t BBB
COM= OF CU BMRLANC s
PAcarded on this 11 day o! 1 4Q00, in
the RscoarMr's Office o said y a eco , Page
Given under my hand and the seal of the said Office, the date
above written.
oee'r
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AFFIDAVIT OF SERVICE OF NOTICE
(MECHANIC'S LIEN CLAIM BY GENERAL
CONTRACTOR)
IN THE COURT OF COMMON PLEAS OF Cumberland
Daniel L Cutchall DBA ATFAB ?
20 Green Meadows Drive
Carlisle, Pa 17013
(Name and Address of General)
V.
Dan & Amy (Dettling) Brewer
51 spur Road
Carlisle, Pa 17013
(Name and Address of Owner)
AFFIDAVIT OF SERVICE OF NOTICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
as follows:
COUNTY
NO. 69 7,,9 2, [! 1 ID
SS
Daniel L Cutchall , being duly sworn according to a law, deposes and says
I am an adult and am (title) owner of Lien Claimant
in the above-captioned proceedings, and submit this Affidavit pursuant to 48 P.S. §1502(a)(2).
2. Attached hereto is a Prof of Service indicating service was made by certified
mail as to a notice of the filing of the Mechanic's Lien Claim filed herein, bearing the court term and
number and date of filing of the said claim.
(Signature)
Daniel L Cutchall
(Printed Name)
Sworn to and subscribed
before me on this date: ? Rx 2ool?
Notary Public
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC 3 of 3
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
02006 ¦ All rights reserved. (925) 899-8449. Email--inf6@Na#onalLienLaw.com. Revised 12/05
C3 ,.. ¦ . . v a a-°s ? *-q .
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Certled Fee $2.70 O
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DANIEL L. CUTCHALL,
d/b/a ATFAB SERVICES,
Plaintiff
V.
DAN BREWER and
AMY (DETTLING) BREWER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO. 2009-292 MLD
PRELIMINARY OBJECTIONS
TO MECHANICS LIEN CLAIM
OF THE PLAINTIFF
AND NOW, this 10th day of February 2009, comes the Defendants, Daniel Brewer and
Amy (Dettling) Brewer, by their attorneys, Irwin & McKnight, P.C., and makes the following
Preliminary Objections in a Motion to Strike:
1. The Plaintiff never properly served the Mechanics Lien upon the Defendants as
required by 49 P.S. Section 1502. Personal service is required and the Plaintiff used certified
mail contrary to the law. The lien must be stricken.
2. The claim needed to be filed within six (6) months of the completion of the work
pursuant to 49 P.S. Section 1502. Accoring to the Mechanics Lien, the work was completed on
January 31, 2008. The claim was not filed until January 22, 2009 which is more than six (6)
months from the completion of the work. The lien must be stricken.
3. There is no written contract which establishes the Plaintiff as a general contractor.
On the contrary, the Lease Agreement provides that any improvements become the property of
the Defendants.
4. The Mechanics Lien was filed contrary to law and without merit. The Defendants
seek reasonable legal fees plus costs of this action.
WHEREFORE, the defendants, Dan Brewer and Amy (Dettling) Brewer, respectfully
requests that the Mechanics Lien be stricken with reasonable attorney fees and costs.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By: Marcus cKnig , II quite
60 West Pomfret S et
Carlisle, Pennsylvania 013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Defendants
Date: February 10, 2009
2
1. .
DANIEL L. CUTCHALL,
d/b/a ATFAB SERVICES,
Plaintiff
V.
DAN BREWER and
AMY (DETTLING) BREWER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL NO. 2009-292 MLD
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
George F. Douglas, III, Esq.
Salzmann Hughes, P.C.
354 Alexander Spring Road, Ste. 1
Carlisle, PA 17015
Daniel and Rebecca Cutchall
20 Green Meadows Drive
Carlisle, PA 17013
By: Marcu AMcKnight, III, Esquire
A.
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: February 11, 2009
IRWIN & McKNIGHT, P.C.
O
3
2
G
PRAECIPE FOR LII3TINQ CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
DANIEL L. CUTSHALL d/b/a ATFAB SERVICES
VS.
DAN AND AMY (DETTLING) BREWER
No. 09 - 292 MLD, Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendants' Preliminary Obiections to Mechanics Lien
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
GEORGE F. DOUGLAS, III, ESQ.
SALZMANN HUGHES, P.C. (Name and Address)
354 ALEXANDER SPRING ROAD
CARLISLE, PA 17015
(b) for defendants:
MARCUS A. McKNIGHT, III, ESQ.
IRWIN & McKNIGHT, P.C. (Name and Address)
60 WEST POMFRET STREET
CARLISLE, PA 17013
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
20
MARCUS A. McKNIGHT, III, ESQ.
Print your name
DAN AND AMY BREWER
Attorney for DEFENDANTS
Date: _MARCH 19, 2009
INSTRUCTIONS:
1. Two copies of all briefs must be flied with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3• The responding party shall file their brief 5 days prior to argument.
4. K argument is continued new briefs must be Mod with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is resisted.
C d
3
E'" fir; y
I k
DANIEL L. CUTCHALL, IN THE COURT OF COMMON PLEAS
DBA ATFAB SERVICES AND
REBECCA CUTCHALL, his wife OF CUMBERLAND COUNTY, PENNA.
VS.
DANIEL BREWER AND AMY CIVIL ACTION LAW
(DETTLING) BREWER, his wife
NO. 09-292
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please enter my appearance on behalf of the Plaintiff, Daniel L. Cutchall d/b/a
ATFAB Services.
SALZMANN HUGHES, P. C.
AD ?? ?
George F. Douglas, III; Esq.
354 Alexander Spring Rd. Suite 1
Carlisle, PA 17015
(717) 249-6333
Attorney for Plaintiff
Daniel L. Cutchall, d/b/a ATFAB Services
Date: April 20, 2009
Rl FD-01-'Hi:;E
(fir!' jT7..7"Sp?(?i V r^li i 7
4/f THE1 tl •h t t ?A,?? Y
2009 AS'R' 2 7 ki 11: 5 2
DANIEL L. CUTCHALL, IN THE COURT OF COMMON PLEAS
DBA ATFAB SERVICES AND
REBECCA CUTCHALL, his wife OF CUMBERLAND COUNTY, PENNA.
VS.
DANIEL BREWER AND AMY CIVIL ACTION LAW
(DETTLING) BREWER, his wife
NO. 09-292
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please mark the Mechanics Lien claim filed at 2009- 292MLD on January 22, 2009
satisfied and discontinued.
_April 20 2009
Date
eorge F. Douglas, III, sq.
Salzmann Hughes, P.C.
354 Alexander Spring Rd. Suite 1
Carlisle, PA 17015
(717) 249-6333
FIl
Z, 9 A P R w ` :.
48.oo Po AI?V
AM
r as 4ao
MECHANIC'S LIEN CLAIM BY GENERAL CONTRACTOR
IN THE COURT OF COMMON PLEAS OF Cumberland
Daniel L Cutchall tla
DBA ATVAB Services
20 Green Meadows Drive
Carlisle, Pa. 17013
V.
Dan & Amy(Dettling) Brener
51 our Road
Carlisle, Pa 17013
(Ilene red Acidness of Ommw)
The undersigned files a Mechanic's Lien as follows:
COUNTY
NO. 09 - c?- )- MLb
Owner l Reputed Owner with Add rns:
Dan & Amy Wattling) Braver
51 Spur Road
Carlisle, Pa 11013
Property Su4FW to the Lim:
159 Bast Louther Street
Carlisle, PA 17013
Uen Claimant and Address:
Daniel L Cutehall DBA ATPAB Services
20 Green Meadows Drive
Carlisle, Pa 17013
Phone: 717 386-8567 F
Name of Project: _
Dettling Remodel
DeSMplion of labor and materials with pricing (che& one):
A lump sum/agreed sum contract was enhmW Into with the above Owner on the
following date , a We and accurate copy of which Is attached.
xxx The contract with the Owner Is not for a lump sumiagreed sum and unpaid
invoices. are attached, describing In detail the labor and materials.
The contract with the Owner is not for a lump sum/agreed sure and below is a
detailed description of labor and materials furnished, with the pries for each item:
1 of 3
02008 -? N oo* pow vt Pm wi&m8 aim. R~ 12m
1 . •
LabodMatertais Description
Price
3. The principal amount due through 1/09 rdue date") is $17,164. , plus interest, after
deduc i ft just credits and offsets, and indu*ng change orders. The total price of the worts
performed was $ 17,164M, less payments of $ 0.00
4. The date of completion of the work for which this claim is made: 01/31/2008
5. The name and address of the person or company subcontractor has a contract or order
With is: ATFAS Services
Dated! Daniel L Cutcball DBA ATFAS Services
(NWWOmMMWOCO. WA WE"
Name & Tft: Daniel L Catchall, Owner - L-- r) .....
(Stnatt")
2 of 3
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