HomeMy WebLinkAbout09-11060?- t loe /M-b 7?
ORIGINAL
In the Court of Common Pleas
Cumberland County, Pennsylvania
Civil Action - Law
Southland Insulators of PA, LLC,
d/b/a Liberty Insulation
Claimant
V.
F.A.S.T. Partners, L.P.,
Owners
77 Jelly Dride.
C."-1 Ble- PA j1oY3'_ q,at MECHANICS' LIEN CLAIM
Southland Insulators of PA, LLC, d/b/a Liberty Insulation, by and through its attorney, Phillips &
Phillips, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. §1101 et seq., files
and perfects this Mechanics' Lien Claim against the property described in Paragraph 7 below, as
follows:
1. The name of the party claimant is Liberty Insulation and/or Southland Insulators of PA, LLC,
d/b/a Liberty Insulation ("Claimant"). Claimant files this Mechanics' Lien Claim ("Claim") as a
subcontractor.
2. The name and address of the owners or reputed owners of the property subject to this Claim is
F.A.S.T. Partners, L.P.
3. The name of the person with whom the Claimant contracted is Thomas Construction
("Contractor"). Contractor and Claimant entered into a subcontract ("Subcontract") on or about
July 8, 2008, pursuant to which Claimant was to provide insulation materials and installation
labor for residential construction at Lot 96 Summit Way, Hampden, Pennsylvania, also known as
1281 Summit Way, Mechanicsburg, Pennsylvania.
4. Pursuant to the Subcontract, Claimant was to be paid $4,115.00. A true and correct copy of
the Subcontract is attached to this Claim as Exhibit "A" and incorporated by reference. Claimant
has submitted invoices to Contractor in the aggregate principal amount claimed above. True and
correct copies of the invoices are attached to this Claim as Exhibit "B" and incorporated by
reference. Contractor has failed and refused to pay the $4,115.00 due. Interest from the
respective due dates of such invoices at the rate of 6% per annum, the legal rate, through
JAMIDIRO
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February 22, 2009 is $ 139.32. Claimant therefore claims a total of $4,254.32 through February
22, 2009.
5. The general nature and character of the labor and materials furnished by Claimant is air seals,
caulking, batt insulation, spray insulation, blown insulation, and the installation thereof. Such
labor and materials, and the prices charged, are detailed on the attached Subcontract (Exhibit
"A") and invoices previously submitted to Contractor (Exhibit `B").
6. The date of completion of Subcontractors' work for which this Claim is submitted was
September 11, 2008.
7. The property which will be subject to Subcontractor's Mechanics' Lien Claim is that land
known as 1281 Summit Way, Township of Hampden, Cumberland County, Commonwealth of
Pennsylvania, as more particularly identified as Lot 96 of the Hampden Summit Residential
Community and/or Tax Parcel ID # 10-17-1031-246, and part of that tract conveyed by deed filed
to Book 258 Page 224 in the Cumberland County Recorder of Deeds office.
8. Formal Notice to Owner of Claimant's Intention to File Mechanics' Lien Claim was served on
Owner by first class, registered mail, return receipt requested, on January 16, 2009 and receipted
for by Owner on January 22, 2009.
WHEREFORE, Claimant, Southland Insulators of PA, LLC, d/b/a Liberty Insulation, claims a
Mechanics' Lien against the property described in Paragraph 7 above in the amount of $4,254.32,
plus interest accruing from and after February 22, 2009.
Phillips & Phillips
Attorneys for Claimant
Dated: February 17, 2009
By: A1'4
ohn S. P illips
101 West Middle Street
Gettysburg, PA 17325
(717) 337-3353
ID# 74461
AFFIDAVIT
STATE OF MARYLAND
SS
COUNTY OF ANNE ARUNDEL
BEFORE ME, the undersigned authority, personally appeared Michelle Bixler, who, after
being duly sworn according to law, did depose and say that she is the Account Receivable
Manager of Southland Insulators of PA, LLC, d/b/a Liberty Insulation, the Subcontractor and
Claimant described in the foregoing Mechanics' Lien Claim; that she is authorized to make this
Affidavit on behalf of Southland Insulators of PA, LLC, d/b/a Liberty Insulation ; and that the
facts set forth in the foregoing Mechanics' Lien Claim are true and correct to the best of her
knowledge, information and belief.
4t-
Sworn to and subscribed before me this 17 day of February 2009.
Notary Public
My commission expires: 8 ?/lJ
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-01106 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOUTHLAND INSULATORS OF PA
VS
F A S T PARTNERS L P
JODY SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
V A C T DARTMRRq the
OWNER , at 0013:15 HOURS, on the 12th day of March
at ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-9001 by handing to
OWNER
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Mileage 10.80
Postage .42
Surcharge 10.00
.00
39.22
Sworn and Subscibed to
before me this day
of ,
So Answers
R. Thomas Kline
03/20/2009
PHILLIP & PHILLIPS
By
Deput Sheriff
A. D.
2009
r.a
ORIGINAL
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Civil Action - Law
Southland Insulators of PA, LLC
d/b/a Liberty Insulation
Plaintiff, No. - tp (, rP.rw?
V.
F.A.S.T. Partners, L.P., Action upon Mechanic's Lien
Defendant.
Notice to Defend
TO F.A.S.T. PARTNERS, L.P., DEFENDANT:
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, 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 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 334-6781 M
-Z
Dated January 19, 2011. ,?- t`zl
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Civil Action - Law
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Southland Insulators of PA, LLC
d/b/a Liberty Insulation
Plaintiff, No. 0 1^ 110 N L D Vey M
V.
F.A.S.T. Partners, L.P., Action upon Mechanic's Lien
Defendant.
COMPLAINT IN ACTION UPON MECHANICS' LIEN
/ay of January, 2011, comes Plaintiff Southland Insulators of PA, LLC
AND NOW, this LL M
d/b/a Liberty Insulation by and through its attorneys, Phillips & Phillips, and files this Complaint in action
upon Mechanics' Lien, averring as follows:
1. Plaintiff is Southland Insulators of PA, LLC, a Pennsylvania corporation, d/b/a Liberty Insulation,
with its principal place of business at 3875 Board Road, York, Pennsylvania 17404.
2. Defendant is F.A.S.T. Partners, L.P., a Pennsylvania Limited Partnership, with its principal place
of business at 77 Kelley Drive, Carlisle, Pennsylvania, 17013.
3. The name and address of the contractor with whom Plaintiff contracted is Thomas Construction
Associates, Inc., a Pennsylvania corporation with its principal place of business at 155 Ken Lin
Drive, Carlisle, Pennsylvania 17015.
4. On January 16, 2009, Formal Notice to Property Owner of Subcontractor's Intent to File
Mechanic's Lien was served on Defendant by certified mail, return receipt requested, which
receipt was returned signed on January 22, 2009.
5
Cumberland County, Pennsylvania at No. 09-1106 MLD Term, a true and correct copy of which
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6.
On February 23, 2009 Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas of
Mechanics' Lien Claim is attached hereto as Exhibit "A".
On March 12, 2009 the said Mechanic's Lien Claim was served on Defendant by the Cumberland
County Sheriff, who filed his return to the action.
WHEREFORE, Plaintiff demands judgment in the amount of $4,254.32 together with interest
from February 22, 2009, plus costs of this suit.
Phillips & Phillips
Attorneys for Plaintiff
By: _ -? I-a?
-
J hn S. Phillips
101 West Middle Street
Gettysburg, PA 17325
(717) 337-3353
ID# 74461
69 - Ilex. ML)
In the Court of Common Pleas
Cumberland County, Pennsylvania
Civil Action - Law -
Southland Insulators of PA, LLC, - ;:
- -Tml
??
d/b/a Liberty Insulation ' r
Claimant
V.
F.A.S.T. Partners, L.P.,
Owners
MECHANICS' LIEN CLAIM
Southland Insulators of PA, LLC, d/b/a Liberty Insulation, by and through its attorney, Phillips &
Phillips, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P. S. §1101 et seq., files
and perfects this Mechanics' Lien Claim against the property described in Paragraph 7 below, as
follows:
1. The name of the party claimant is Liberty Insulation and/or Southland Insulators of PA, LLC,
d/b/a Liberty Insulation ("Claimant"). Claimant files this Mechanics' Lien Claim ("Claim") as a
subcontractor.
2. The name and address of the owners or reputed owners of the property subject to this Claim is
F.A.S.T. Partners, L.P.
3. The name of the person with whom the Claimant contracted is Thomas Construction
("Contractor"). Contractor and Claimant entered into a subcontract ("Subcontract") on or about
July 8, 2008, pursuant to which Claimant was to provide insulation materials and installation
labor for residential construction at Lot 96 Summit Way, Hampden, Pennsylvania, also known as
1281 Summit Way, Mechanicsburg, Pennsylvania.
4. Pursuant to the Subcontract, Claimant was to be paid $4,115.00. A true and correct copy of
the Subcontract is attached to this Claim as Exhibit "A" and incorporated by reference. Claimant
has submitted invoices to Contractor in the aggregate principal amount claimed above. True and
correct copies of the invoices are attached to this Claim as Exhibit "B" and incorporated by
reference. Contractor has failed and refused to pay the $4,115.00 due. Interest from the
respective due dates of such invoices at the rate of 6% per annum, the legal rate, through
4% J#
EEXHIBIT'A"
February 22, 2009 is $ 139.32. Claimant therefore claims a total of $4,254.32 through February
22, 2009.
5. The general nature and character of the labor and materials fiarnished by Claimant is air seals,
caulking, batt insulation, spray insulation, blown insulation, and the installation thereof. Such
labor and materials, and the prices charged, are detailed on the attached Subcontract (Exhibit
"A") and invoices previously submitted to Contractor (Exhibit `B").
6. The date of completion of Subcontractors' work for which this Claim is submitted was
September 11, 2008.
7. The property which will be subject to Subcontractor's Mechanics' Lien Claim is that land
known as 1281 Summit Way, Township of Hampden, Cumberland County, Commonwealth of
Pennsylvania, as more particularly identified as Lot 96 of the Hampden Summit Residential
Community and/or Tax Parcel ID # 10-17-1031-246, and part of that tract conveyed by deed filed
to Book 258 Page 224 in the Cumberland County Recorder of Deeds office.
8. Formal Notice to Owner of Claimant's Intention to File Mechanics' Lien Claim was served on
Owner by first class, registered mail, return receipt requested, on January 16, 2009 and receipted
for by Owner on January 22, 2009.
WHEREFORE, Claimant, Southland Insulators of PA, LLC, d/b/a Liberty Insulation, claims a
Mechanics' Lien against the property described in Paragraph 7 above in the amount of $4,254.32,
plus interest accruing from and after February 22, 2009.
Phillips & Phillips
Attorneys for Claimant
Dated: February 17, 2009
By:
/S/ JOHN S. PHILLIPS
John S. Phillips
101 West Middle Street
Gettysburg, PA 17325
(717) 337-3353
ID# 74461
AFFIDAVIT
STATE OF MARYLAND
COUNTY OF ANNE ARUNDEL
SS
BEFORE ME, the undersigned authority, personally appeared Michelle Bixler, who, after
being duly sworn according to law, did depose and say that she is the Account Receivable
Manager of Southland Insulators of PA, LLC, d/b/a Liberty Insulation, the Subcontractor and
Claimant described in the foregoing Mechanics' Lien Claim; that she is authorized to make this
Affidavit on behalf of Southland Insulators of PA, LLC, d/b/a Liberty Insulation ; and that the
facts set forth in the foregoing Mechanics' Lien Claim are true and correct to the best of her
knowledge, information and belief.
Sworn to and subscribed before me this day of February 2009.
C-. /
Notary Public
My commission expires: ? V,Z1/
VERIFICATION
I verify that the statements made in the foregoing petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
v
y4-A?-
iclle Bixler
Accounts Receivable Manager
Southland Insulators of PA, LLC
d/b/a Liberty Insulation
Dated: i S ao
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Southland Insulators of PA, LLC
vs.
F.A.S.T. Partners, LP
001 fj CII)Nbrr,y?r6
FILED-OFFICE
TNF. Pf),0TNONOTAF(Y
2011 JAN 25 AM I I *- 02
CUMBERLAND COUNTY
PENNSYLVANIA
Case Number
2009-1106
SHERIFF'S RETURN OF SERVICE
01/24/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: F.A.S.T. Partners, LP, but was unable to locate them in
his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
F.A.S.T. Partners, LP. Deputies were advised, Richard Thomas, Owner of F.A.S.T. Partners, LP will be in
Florida until early spring 2011.
SHERIFF COST: $38.84
January 24, 2011
SO ANSWERS,
R-ONK'Y R ANDERSON, SHERIFF
3n tbt Court of Common Vim of Caidtrianb lCountp, St pibmda
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Southland Insulators of PA, LLC
d/b/a Liberty Insulation
Plaintiff,
No. 09-1106 MLD Term
Vs.
F.A.S.T. Partners, L.P., Action upon Mechanic's Lien
Defendant.
Praecipe for Reinstatement of Complaint
Please reinstate the Complaint in the above matter originally filed January 19, 2011.
(- -
Dated April 19 , 2011
John S. Phillips
Of Phillips & Phillips
Attornev for Plaintiff
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