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HomeMy WebLinkAbout09-1172y a4 . SPP:crh 507119.1 ( 06038.063 ) 2/24/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Claimant No. OLDE FORGE BUILDERS, INC. Owner MECHANIC'S LIEN CLAIM 1. Claimant, Quality Stone Veneer, Inc., is a Pennsylvania corporation with offices located at 50 Refton Road, P.O. Box 117, Refton, PA 17568 ("Quality Stone Veneer"). Quality Stone Veneer files this claim as a Contractor. 2. The owner of the property subject to the lien is Olde Forge Builders, Inc., a Pennsylvania corporation with an address of 9 Keystone Drive, Mechanicsburg, PA 17050. 3. The date on which Quality Stone Veneer last did work for which the claim is made was November 29, 2008. 4. Quality Stone Veneer files this claim pursuant to written proposals with the Owner dated July 17, 2008 and September 4, 2008, whereby Quality Stone Veneer agreed to furnish all labor and materials needed to install stone veneer on the property located at 1225 Summit Way, Mechanicsburg, PA, also known as Lot 68, Hampden Summit, Phase III owned by Owner. A true and correct copy of the written proposals are attached hereto and incorporated herein as Exhibit "A". SPP:crh 507119.1 ( 06038.063 ) 2/24/09 5. The amount claimed to be due is $8,253.00. 6. The property which is claimed to be subject to the lien is a property located at 1225 Summit Way, Mechanicsburg, PA 17050 in Cumberland County, PA, also known as Lot 68, Hampden Summit, Phase III, also known as tax parcel no. 10-17-1031-352. BLAKE GER, BYLER & THOMAS, P.C. a a Ing By: Dated: Susan P. Peipher, Esqu re SPP:crh 507119.1 (06038.063) 2/10/09 VERIFICATION I, 40,51-:'A7 L M /.L4, verify that I am the ? A c=5 & n- -74 7, - t1Eof Quality Stone Veneer and, as such, I am authorized to make this verification on its behalf and that the statements made in the foregoing Mechanic's Lien Claim are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. QUALITY STONE VENEER, INC. Dated: a za a/ 0 9 By: Title: 741;7,-61u b (f Pr 07-64008 98:64 . 23?id CRAIG ENW 717766EM---------- PAGE1 ceC'L°°J ? Sl H3N3FDILtD cj, : A,0 BOW-9T-L0 . STONE LITTLES?TOW O P. IVIW. GM M 5 Beltlmrio Pike? Liidee?wrl PA 17344 Phone (717') 359,4204 F (71 .: r ...: PROPOSAL . ? . { Jab ID: 10".. .. . ...: .. . Gilt My 2T, 2006 ! SubMjMW To: old !tarps 6undws. Ina . . 8 iGsyrbono DM MadwOosburq, PA 17050 pbow NumbK : (717) 769-0037 , Fu WaabW : (717) 796-7355 Job Nateu ww pden Bursa dt N iiamssY ieff rnani+ba M &*We varteae' on i s yVe h an *Wmaft rw all labor and msGwiats to Irar?+E?y atlbrrr . . . Front *IOYation loft We tWttM 9ibla (no ONs. O *hUtW bledw)vfth full ons and binds amxW h n li r lum (buNd to don undw l *Mh p yp o supply and kreta h toundatlon lnclnding all scorns (bands wound dooms by blu . *0M e ars* root and porc right side ewrttsr foundafion oNy with Intl: full !hone return, front eisttsfion ll return (shutter blocks on windvws? (No sills)- h Wt f flght side W . . u gable wit *No Interior fireplace, estimated Comer; to recdve comer stones. St" C abr 1lstley FoMa IPA Waft 060 E stpne Styls cobble Mortar Color Gray VWNV r-oro+ 0% PA Stem 6Q% ferow am d: We pm+epose to hsrsby runIM material and labor ac n ew in soeordanor wM the sbWo go dollall MW AO work to be, M +? ? is slsndvd?pe ? ? alttarrtimabrWon i. drW?don team eo rbbRovat spaeMMd• In mkft ? coda vr01 be a?oW*d only ww? enlaa? e wits do#" aver and rbave the M? corrangw* wfts, WorknrMn`a at bbo wanrd li1nrlar sonk 00*el, O'rrnor !a carry Cara, torued h WA Dow neoesewy insurance. Our warkas are ful f tOww+! by Signature We may wMWmw this proposal if notaccePW within THOM data . r Credit pitoeew mart be proosesed and approved before job oan'1w aebrduton> ? .d:a w us subject to h1aWry. Ad drpoetts must be, recebad be can be sahedu" chinos based on your rodent crsdt , gc?epi ?ce of Prv .... : end lira horaby a Rua lly Stone is . . The abavs Palos, ? eattens, and domlittone aft satietaidw Y ? authonied to do rk spnMed, payment wilt be irtadwas outlined sbov L. Gate Signature : i Signed proposal must be, reeewd bstom job can be as 7',;,, , 71trW0111 ON YNd }l?AG?IIISI?II?l1 wd An nol 800N l=711 f-- 0 -03-2908 18:23 cRAIGFENCH 7177662355---------- ; SEF?U4-ZUUB fHU U1:25 PM MM.i(YSMM r? F FAX No- 111M44.IZ PAGE1 r• uuZ- QUALITY ' STONES LITTLESTOWN DIVISION 4"10ti Ftnifin,era Pilo. LlWestown PA 17340 Phorm (717) 3594200 Fax (717).35 -4472 . Snbm) t d Fa: Old Forge Bel W% Inc 9 Keystone Drive Mschw9mburg, PA 1"50 Phan pane r : (m) 7664637 FuNen r= mn Job N#rme: Hampden Smnmtt 66 - Rear EMvatIM We hereby submJt an estma'be for aq h 6W and mSWAIlk 90 &Wfty raarreda dun d AMr veneer Orr Option 1: $%j2o.oo Rev elevation 3 columns on deck to be full StOM Option 2: $626.00 Mailbox pier with flapstione cap. Cornets tD receive aorM done. Wk*" and kwe"as to recebe SM stones. , Stone Cdor VaW Forya I PA acre eW Stone " Cobbs Mortar Color araY va" ftw e?z PA Skft Props"" hereby 1bnlM nsrwM and bbw saarphh In occanimot wo sboNa spy for 2* a . Ty- Tba W Hut re AN I m be w spedfed. All We* M be empleled Is svwkMWMW WNW Moeenug W eierrd?rd p wellu i Aiw e0 iden o b pwnon * erdre ep? VA be Nomad a,* ? MrbUn eidery aed 1w Il1111 f 0 or dsrMaid ? Woo" aM? oorrlMler=t apoe etrbe. woord WKW delve b"Idd aw msrra- oww to ewmiien goes. ea n ft t ever ler=rsda, end and ab atewMr rdonoaes7 knumew our v.orxsrs an fsEf co med by woemau b eerep dmlp can are. sligneture : - We uW vAdo w NO proposd if not accepted witfdn THIRTY days. Teams : did 10 Credit applkation must be processed and epprwed bdors job can ba soMdL" TOM fated above we "Wed to change based on your recent credit trlstorY. All deposlte must be reoelved bePoro lab am be 99hu"ed. . Acceptance of Ptvpoftl : fg . The above pries. sped end condition are "m*IaMrY and are here accepted. G1 aft Stone suftrw to do the cifled. Paynre made a outline!Z"v 6 Slgnsture : Dade: Signed proporal must be received before job can be ecMduled. .. PAGE2 ao-M- i7:'Za rRATaVW34 7177662355------ =--- . ' ' Job IN 412W Date. September 4. =M. ? N 1 `rQ? O 4 f r7 hW 1 V 1) -4 c .R, J r^^f 1?,7 SPP:crh 507119.1 (06038.063) 2/24/09 w f r BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Claimant V. No. OLDE FORGE BUILDERS, INC. Owner TO: Olde Forge Builders, Inc. 9 Keystone Drive Mechanicsburg, PA 17050 NOTICE Please be advised that on there was filed in the Court of Common Pleas of Cumberland County at Docket No. Q!? a Mechanic's Lien Claim, a true and correct copy of which is attached hereto. Dated: By: THOMAS, P.C. SHERIFF'S RETURN - REGULAR CASE NO: 2009-01172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ITY STONE VENEER INC VS OLDE FORGE BUILDERS INC 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 OLDE FORGE BUILDERS INC the OWNER , at 0008:23 HOURS, on the 28th day of February , 2009 at 9 KEYSTONE DR MECHANICSBURG, PA 17050 by handing to SHEILA HENCH ADMINISTRATOR a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.00 .00 10.00 .00 37.00 Sworn and Subscibed to before me this of So Answers: R.'Thomas Kline 03/02/2009 BLAKINGE By. day A. D. t Via. µ ? CX7r SPP:crh 512487.1 ( 06038.063 ) 416109 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC Plaintiff V. No. 09-01172 OLDE FORGE BUILDERS, INC Defendant TO THE WITHIN DEFENDANT: NOTICE 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 defense 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 Telephone: (800) 990-9108 (717) 249-3166 SPP:crh 512487.1 ( 06038.063 ) 4/6/09 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Date: Lj I ?C IC)q BLAKINGER, BYLER & THOMAS, P.C. By:- Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff SPP:crh 512487.1 ( 06038.063 ) 4/6/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC Plaintiff V. No. 09-01172 OLDE FORGE BUILDERS, INC Defendant COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. Plaintiff, Quality Stone Veneer, Inc., is a Pennsylvania corporation with offices located at 50 Refton Road, P.O. Box 117, Refton, Pennsylvania 17568. 2. Defendant Olde Forge Builders, Inc. is a Pennsylvania corporation with an address of 9 Keystone Drive, Mechanicsburg, Pennsylvania 17050. 3. Defendant is the owner of the property located at 1225 Summit Way, Mechanicsburg, Pennsylvania. 4. Plaintiff is commencing this action as a contractor. 5. On February 26, 2009, Plaintiff filed a Mechanic's Lien Claim at docket no. 09-1172 MDL Term in the Court of Common Pleas of Cumberland Co., Pennsylvania. Attached hereto and incorporated herein as Exhibit "A" is a copy of the Mechanic's Lien Claim. 6. On February 28, 2009, Defendant was served with a copy of the Mechanic's Lien Claim. Attached hereto and incorporated herein as Exhibit "B" is a copy of the Sheriff's return of service. SPP:crh 512487.1 ( 06038.063 ) 4!6!09 7. Defendant has failed to make any further payments in regard to the obligation which is represented by the Mechanic's Lien Claim. The balance due and owing on the Mechanic's Lien Claim is $8,253.00 plus costs, interest and attorneys' fees. WHEREFORE, Quality Stone Veneer, Inc., respectfully request that judgment be entered in its favor and against Defendant Olde Forge Builders, Inc., in the amount of $8,253.00, plus interest, costs and attorneys' fees as allowable by law. BL LAGER, & THOMAS, P.C. Dated: By-'?J Susan P. Peipher, Esqui e SPP:crh 512487.1 ( 06038.063 ) 4/1/09 VERIFICATION I, 14o&f1L7 6 10M verify that I am the &ZW e' 5e--x, 7, 7; vE of Quality Stone Veneer and, as such, I am authorized to make this verification on its behalf and that the statements made in the foregoing Mechanic's Lien Claim are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. QUALITY STONE VENEER, INC. Dated: By:'?-w Title: CcaGLEc 7,'e Al S SPP:crh 512487.1 ( 06038.063 ) 4/6109 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Complaint in Action Upon Mechanic's Lien upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Olde Forge Builders, Inc. 9 Keystone Drive Mechanicsburg, PA 17050 BLA NGER, BYIAR & THOMAS, P.C. t Dated: By: J Su P. Peipher, Esqui e ' SPFvh 507119.1 ( D6038.D63 ) 2124/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Claimant V. OLDE FORGE BUILDERS, INC. Owner TO: Olde Forge Builders, Inc. 9 Keystone Drive Mechanicsburg, PA 17050 No. 69 /7141 NOTICE Please be advised that on 52/;a& 1,05 , there was filed in the Court of Common Pleas of Cumberland County at Docket No. RD2k Mechanic's Lien Claim, a true and correct copy of which is attached hereto. Dated: BLAINGER, B & THOMAS, PP. C. z By: Susan P. Peipher, Esquir SPP:crh 507119.1 ( 06038.063 ) 2124109 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Perm Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC Claimant V. OLDE FORGE BUILDERS, INC. Owner No. r? LIEN CLAIM 1. Claimant, Quality Stone Veneer, Inc., is a Pennsylvania corporation with offices located at 50 Refton Road, P.O. Box 117, Refton, PA 17568 ("Quality Stone Veneer"). Quality Stone Veneer files this claim as a Contractor. 2. The owner of the property subject to the lien is Olde Forge Builders, Inc., a Pennsylvania corporation with an address of 9 Keystone Drive, Mechanicsburg, PA 17050. 3. The date on which Quality Stone Veneer last did work for which the claim is made was November 29, 2008. 4. Quality Stone Veneer files this claim pursuant to written proposals with the Owner dated July 17, 2008 and September 4, 2008, whereby Quality Stone Veneer agreed to furnish all labor and materials needed to install stone veneer on the property located at 1225 Summit Way, Mechanicsburg, PA, also known as Lot 68, Hampden Summit, Phase III owned by Owner. A true and correct copy of the written proposals are attached hereto and incorporated herein as Exhibit "A". SPP:crh 507119.1 ( 06038.063 ) 2/24/09 5. The amount claimed to be due is $8,253.00. 6. The property which is claimed to be subject to the lien is a property located at 1225 Summit Way, Mechanicsburg, PA 17050 in Cumberland County, PA, also known as Lot 68, Hampden Summit, Phase III, also known as tax parcel no. 10-17-1031-352. BLAKIN, GER, BYLER & THOMAS, P.C. Dated: By: F Susan P. Peipher, Esqu re SPP:crh 507119.1 ( 06036.063 ) 2/10/09 VERIFICATION I, ' cWA7 L: M 46 verify that I am the ,4 L-?,e g CS &-/t- .7, y Quality Stone Veneer and, as such, I am authorized to make this verification on its behalf and that the statements made in the foregoing Mechanic's Lien Claim are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. QUALITY STONE VENEER, INC. Dated: '9, / d, c By: Title: Sri, nir` X71119i,-c, /11 EXHIBIT A 07-16-2008 98:04 CRAIGHDJCH 7177662355---------- PAGE1. 113149•9rblD S k-40 8W-91-L0 .'? a - - ---..r?? -.ter. ? .... .? ? . ?.r.-... .. ... . ...'QUALITY.• STONE, LITTLESTOW DIVIS1,014, -(3295 Baltlmare Pike, Utdestown PA 1734-4 Phone (717) 359-4200 Fox. (717 359-4472. PROPOSAL Date: May 27, 2008 Job lD: 1=081. Submlded To., Old Forga Sulldem, !no 9 Keystone Drive Mech burg, PA 17050 Phone Number: (717) 7684637 Fax Number : (717) 766-2355 Job Nalne: Hampden Sununu 81 Ramsey We 1aarebyartlbm it an asttmate for all labor a»<d materials t'4- Install manufacafuj . stone Frond olevation left side inverse gable (no affix, or strutter blocks)-with furl ght ratum (builder to *up* and Install all phypons and bands around windows), front eleva stone under parch. roof and porch foundation Including all oaturns (bands around dool& by f! fd.r), front e)t3vatlc?n right side center foundation only with left full *tons return, front eleaedon IghE side 1'9Varae gable with left full return (shutter blocks on windows), (No silts). veneer on *No interior fireplace. estimated Valley Forge N% Corners to receive comer slnnE3s. Shona Color Valley Forge IPA state t30J50 Stone S'grie Gobble ' Mortar Color Gray PA i>taie 50% Mix Thswsstnd.Fiva Hund,? Soven and,?exlOt) c#ollar$ ?„g.SDT.QQ We way Withdraw this proposal >f net accepted within THIRTY days . I Kra prnpoaa to hereby lurnlsh rnalerfal and labor aampfato In eceordaeca rvlfG ilia abovr Q ions forttra Rum 4-J': Signature: Terms : ifet 3o days Credit application moat be proaasaed and approved barEore job can* be mcbaduled, T?.r chance based on y o our recent credit hisfary. Alt deposits must b4- received betora lbb can Accepfenc? of Prvpasa! ; The above prices, opea eatlons; and eanditians are satisfactory and dre hereby a e authorized to dot rk specifiE?d, Payment w)t1 be made:as outlined atx?v Stgnatatre :? Date : . AN material }s grrataaSned b b4- 4-i epoeMed, Ail work td b4- somAteted fn a woricmenlika fianner p b standard praditea. Any an alteration ar deWadon horn abvMa spociReedons Involving exfsa caws rn'll bt sacieerted onlyupon win ordeea,:nd *19 become er to extra oharpa over and abvva the vatlnsato. AO agroaments ranfinpent upad atr[kaao, accidents. dt doioys beyond dun ootttrot. Own carry tin, Rornede, end oC?ar necessary 6lsurarnx. Our worksTS are fully o4nlenod by 1Afotkman'x Ceropoersatian Ineurana. Signed proposal must be received before job can be sci?pdulE ,??. ? ?r??i;crii? •ou YH•) ? }p{{?l,?l(SIIfTn>i9 usbsd- above are subject t be scheduled. . 1 afrt?ed ? , Qua itY Stone is . • . , 09-03-2008 18:23 CRAIGFENCH 7177662355---------- PAGEI SEP,u4-2uuo au 01:15 Pm WLIM11 MBA FAX No. II1$5944.11 r• M. 4 QUALITY ' STONES LITTLESTOWN DIVISION.... 829.5 Baltimore Pike, Utdestr wn PA 17340 Phone (717) 359-4200 Fax (717).389-4472 . PROPOSAL !Rate: September4.21)08 Job ID: 489U? SubmNed 7'a: Old Forge Bulidem, Inc 9 Keystone Drive Mad-Moaburg, PA 17030 Phone Numtwr r (717) TS" M Fax Nambw 1 (717) 758-2355 Job Name: Hampden Summit 68 - Rear Elmdon We hereby submit an w0mate for all Tabor and maiddals to !nataff manufectun d stone venear on Option 1: $1,620.00 Rear elevation 3 columns on deck to be full stone. Option 2: $626.00 Mailbox pier with flagstone cap. Comers to receive comer etonea Windows and lcl Mwaft to Mceive sill stones. Stone Color Valley Forge! PA State 80160 &tans 8(yis Cobble Mortgr Color Grey Vag" Fame 80% PA state SWA We propose to he:raby itrmish mour+iat and tabor eomplab In secordarvot WJM the Owe speoffnifem for 60 sum of., Two 1housand Two Hundred Forty ON and xxiQQ dollars ' 12 6.D0 Ali ttmteriel Is guaranteed to be ea apatM& AN weal M be eoraplMed In av v*manpbe manner eooormnp to s6mdord pra wdoes. Any arearation or denim lan from Owe smilloatloRs lnvr;Mng extra oostr will be mwtftd onb+ uW writmtr ardere, and will become an extra charprt over zed above the eellmate. All apreetnents co ntinperit upon stills; aaalft h-W delays beyond ftr anntroL Ownef to artytke, tnmedo, and ottw flee mry hrsuranm Oorvraftne are fully eomred by Wotfc w% Componma kn Insurance. 8ignaturs We may wtthdmw this proposal if not accepted within 'f•tIIRTY days. Termg : Het 30 days Credit application must be pmcessad and approved before fob UM be 00edule4. Terns liaised above air subloot W change based on your mcerlt credit history. Ali deposits must be received before job can bo scheduled. Acceptance of PmposRl The above pric", specIno on and aondidona are satiaf Mryt apd are hero accepted. Quality Stone IB . authoNud to do the olfied. Aaymen mods as outlined abo? M s ignature : Date K Signed propo"I umust be received before job can be scheduled . rRArsFaFl1rH 717'766e355------ _--- PAGER SHERIFF'S RETURN - REGULAR CASE NO: 2009-01172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUALITY STONE VENEER INC VS OLDE FORGE BUILDERS INC 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 nT T',= T?nD/'V 4T7TT.nL VQ TT-,Tr the OWNER at 0008:23 HOURS, on the 28th day of February , 2009 at 9 KEYSTONE DR MECHANICSBURG, PA 17050 a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. by handing to ADMINISTRATOR Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.00 .00 10.00 .00 37.00 So Answers: R. Thomas Kline 03/02/2009 BLAKINGE Sworn and Subscibed to before me this of day By. A. D. OF ; THE "I i AQY 2CC4 APR -? f l: 42 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Olde Forge Builders, Inc. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUALITY STONE VENEER, INC. Plaintiff V. NO. 09-1172 MLD TERM OLDE FORGE BUILDERS, INC. Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS' LIEN CLAIM Olde Forge Builders, Inc. ("Olde Forge"), by its attorneys, Law Offices of Peter J. Russo, P.C., files these preliminary objections pursuant to 49 Pa.C.S.A. § 1505 to strike off the Mechanics' Lien Claim of Claimant, Quality Stone Veener, Inc., and in support thereof aver as follows: 1. Claimant's Mechanics' Lien Claim was filed on February 26, 2009 against the property known as Parcel Number 10-17-1031-352 known as 1225 Summit Way, Mechanicsburg, PA 17050 (Lot 68 of Hampden Summit, Phase III) hereinafter known as the "Property". 2. Defendant, Olde Forge Builders, Inc. is the General Contractor responsible for the construction at the Property. A copy of the aforesaid Mechanics' Lien Claim is attached hereto, made a part hereof and marked as Exhibit "A". 3. Defendant, Olde Forge Builders, Inc. is also the owner of the Property. A copy of the deed to the Property is attached hereto and part hereof and marked as Exhibit "B". 4. Claimant filed his Mechanics' Lien Claim on February 26, 2009. COUNT I - FAILURE TO PROVIDE NOTICE OF INTENT TO FILE CLAIM 5. The allegations contained in paragraphs 1-4 are incorporated as though set forth herein at length. 6. The Mechanics' Lien Law provides that "no claim by a subcontractor, whether for erection or construction or for alterations or repairs, shall be valid unless, at least thirty (30) days before the same is filed, he shall have given to the owner a formal written notice of his intention to file a claim..." 49 P.S. §1501(b)(1). 7. The Mechanics' Lien Law requires that the formal written notice of the intention to file a claim must contain the following: a. the name of the party claimant; b. the name of the person with whom he contracted; c. the amount claimed to be due; d. the general nature and character of the labor or materials furnished; e. the date of completion of the work for which his claim is made; f. a brief description sufficient to identify the property claimed to be subject to the lien. 8. Plaintiff did not file a notice of his intention. 9. Accordingly, Claimant's Mechanics' Lien Claim must be stricken pursuant to 49 P.S. §1501(b)(1). WHEREFORE, Defendant, Olde Forge Builders, Inc., respectfully requests that the Court strike off Claimant's Mechanics' Lien Claim. COUNT II - FAILURE TO PROVIDE NOTICE OF FILING OF CLAIM 10. The allegations contained in paragraphs 1-9 are incorporated as though set forth herein at length. 11. The Mechanics' Lien Law requires that every Claimant, in order to perfect a lien, must "serve written notice of such filing upon the Owner within one (1) month after filing, giving the Court term and number and date of filing of the claim." Moreover, "(a)n affidavit of service of notice or acceptance of service shall be filed within twenty (20) days after service setting forth the date and manner of service. Failure to serve such notice or to file the affidavit or acceptance of service within the time specified shall be sufficient grounds for striking off the claim." 49 P.S. § 1502(a)(2). 12. Claimant filed his Mechanics' Lien Claim on February 26, 2009 and had until March 28, 2009 to serve Olde Forge with his Claim. 13. Upon information and belief, Claimant also did not file the requisite Affidavit of Service within twenty (20) days after service setting forth the date and manner of service. 14. Accordingly, Claimant's Mechanics' Lien Claim must be stricken pursuant to 49 P.S. § 1502(a)(2). WHEREFORE, Defendant, Olde Forge Builders, Inc., respectfully requests that the Court strike off Claimant's Mechanics' Lien Claim. Respectfully?submitted; f1 LAW OFFICES OF PETMCT. SSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: April 13, 2009 EXHIBIT A 8°P:crh 507119.1 ( 06038.063 ) 2/24/05 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Claimant V. OLDE FORGE BUILDERS, INC Owner TO: Olde Forge Builders, Inc. 9 Keystone Drive Mechanicsburg, PA 17050 No. 09 -l<?;&7LZ r \ NOTICE Please be advised that on AV, , there was filed in the Court of Common Pleas of Cumberland County at Docket No. n? - /?1 Mechanic's Lien Claim, a true and correct copy of which is attached hereto. GER, BY ,& THOMAS, P.C. Dated: By: \ Susan P. Peipher, SPP:crh 507119.1 ( 06038.063 ) 2124/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. V. OLDE FORGE BUILDERS, INC. Claimant No. ?Q - Owner MECHANIC'S LIEN CLAIM I -b 1. Claimant, Quality Stone Veneer, Inc., is a Pennsylvania corporation with offices located at 50 Refton Road, P.O. Box 117, Refton, PA 17568 ("Quality Stone Veneer"). Quality Stone Veneer files this claim as a Contractor. 2. The owner of the property subject to the lien is Olde Forge Builders, Inc., a Pennsylvania corporation with an address of 9 Keystone Drive, Mechanicsburg, PA 17050. 3. The date on which Quality Stone Veneer last did work for which the claim is made was November 29, 2008. 4. Quality Stone Veneer files this claim pursuant to written proposals with the Owner dated July 17, 2008 and September 4, 2008, whereby Quality Stone Veneer agreed to furnish all labor and materials needed to install stone veneer on the property located at 1225 Summit Way, Mechanicsburg, PA, also known as Lot 68, Hampden Summit, Phase III owned by Owner. A true and correct copy of the written proposals are attached hereto and incorporated herein as Exhibit "A". SPP:crh 507119.1 ( 06038.063 ) 2124/09 i The amount claimed to be due is $8,253.00. 6. The property which is claimed to be subject to the lien is a property located at 1225 Summit Way, Mechanicsburg, PA 17050 in Cumberland County, PA, also known as Lot 68, Hampden Summit, Phase III, also known as tax parcel no. 10-17-1031-352. BLAKIN, GER, BYLER & THOMAS, P.C. 1 Dated: Susan P. Peipher, Esqu re SPP:crh 507119.1 ( 06038.063 ) 2/10/09 VERIFICATION I, rAO/.3L A7 ? Arq /2/4, verify that I am the ,Je???p /R rs i. ? of Quality Stone Veneer and, as such, I am authorized to make this verification on its behalf and that the statements made in the foregoing Mechanic's Lien Claim are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. QUALITY STONE VENEER, INC. Dated: By: j ? 4, .)C" Title: 7 /l4-7, .6 N 07-16-2008 08:04 a'aDw CRAIGd EMI 7177662355---------- PACE1. SS£29qUTZ H3143-f UI D 5V: a 800--9T-L0 A {ght rstum (builder to stone under porch. Ider), front elevation laht side reverse _ OWN DIVIS-1.0o; STO?iE LITTLEST QUALITY... • F3295 Saft6re Pike, Utttlestown PA 17340 Phone (717) 35942DO Fax - (717) 359-4472. :.::.µ... PROPOSAL Job ID. ?s. Dtte May 27, 2009 ' 5ubmiftd To: Old Forge Buliders, Inc ? 9 Keystone Drive Mechanimburg, PA 17050 phony Number: (717) 768-0837 Fax Number : (717) 788-2355 Job llfar»e; Hampden Summit 69 Ramsey Wo 11wVby .submit an astlmate far all lobar and mafials !0 Install menuf*cftr stone veoeer on Front elevation left side rsvarae Sable (no skis, or shuttar blocks)- with full suppiy and Install all phypons and bands around windo"), front slevatool roof and porch foundation Including all returns (bands around doors by bi right side center foundation only with left flail stone ra:turn, front elevation gable with left full return (shutter blocks on windows), (Ito 014 ,,No interior fireplace estimated Corners to receive comer stones. Stone color Valley Forge IPA Mato 90150 Stone Style Cobble Mortar Color nreY Valley Forge RDA PA GWO 50% We peopose to hereby furnish material and labor campleW In ecrordaacs with the' above Qpea1 n • Five H rorlr?d y on and )a dolly SIX All material is guaranteed to beat spaeMled, Ail work t0 be empieted in aworkmanuke m neon wit alteration or devlstian rrom abov=. ?om Involving extra ends will bt axso? br eats extra oharye over and above thr+ulr? ? d? am fuI 9"md by eccideworkrmds, an'! of Cb ftly MI carry tire, toetwdo, and otter neoasarY upffons farthb Rum of : B b0 ng to standard practises. AnY n orders, and will WCOtr+o' an beyond our control. Owner to nsation insuranoa. Signature W. may withdraw thle proposal if not accepted witttrin THIRTY daYs . Terms : Net 3? daya Credit applicatlon must ba proaaseed and approved before job Dan' be scheduled, T&MB lie' change based on your recent credit history. All deposits must be reeelv*d before job can be Accepfence of Proposal.- The above prices,'opeocations; and conditions arssatlsfactory and are hereby auth*flied to do t rk specified. Payment witl b0 inade:as outlined ®bov Date : -? Signature." Signed proposal must be received before job can be sc odule I{ i ?'nn i 71tbi;C41{I -ON YVJ N??111?I1T?fl sd above are subject to sahedultd. ;epfed. Qua ity stone is wd W AO ANl 900?-It-lor PAGE1 0?-e3-2008 18:23 cx;AIGl-1?1 7177662355---------- FAX No. 11135944.IY Y• UU•1- SEP, U4-ZUU6 THU U1:2b PM MA(MN90 _ QUALITY STONE, L1TTL.ESTOWN D1V1b1V x295 Bajtilrtore P"Utdestawn PA 17340 Phone (717)359-4200, Fax (717).356- 472 . PROPOSAL Job ID: 182617 Dafe. September 4, 2008 Submitted To: Old Forgo Builders, Inc 9 Keystons Drove 1,Aadmica burg, pA 170N phone Number : (717) 75"537 Fax Nranbw l (717) 786-2355 Job Name. Hampden Summit 88 - Rea EleVVd0n to be lull stonadured srnns venear on We hereby submit an estimate for ali iabn and jn go 1raggy option 1. $1,62o.o0 Rear elevation 3 colurn Opeon 2: $628.00 Mallbox pier wPth flagstone cap. Corners to recehre comer stonsa Windows and knaeweite to receive sill stones. Stone Color Way Forgo I PA state MO Stone We Cobble Mortar Color anrY Van" "a sox PA GUU Urti We propose to heireby famish srgtariar and &bar samplate In accordaaos WO M.o above specs feaSon s fat the su ns o 0 do a Igo TWO Hundre Forty f ix add x21 in a m man"'m manner according to standard pracdoes, Any All material Is ^ ,,,guaranteed to bo w apadift . All week to be eor lobed will be auecuted ono upae %Tfte" anfw% euid will become ad anarat;on or deviation from avow OP"111vattora Involving extra genic Wn? a?antti.or detsys beyond our carWal. Oner to extra ohwr over and &WV# the wdmata. All oWeaments ooadttgsnt upon Wotle1118na ? ? insurance. carry%ra, tornado, and Over moessa7 lmuranft ourww"re are fully ?? by Signatur4 : We may WIthdMW this proposal if not accepted within THIRTY drys. Terms : 3 a Credit appifcation must be processed and approved before job can be scheduled. Terms Usted above are ?ul? subject to change teased or your recent craft history. All deposits moat be received before job can be . . Acceptance of Pm POSAI : and are here accepted. Guslity Stone Is. The above prices, speclflc on and conditions are satirn outlined a7Y 6 eed• Payrne authorlud to do the ? Date Signature: Signed propo"I must be received before job can be scheduled . PAGE2 q0-G1Z-pggR 17eZd t'RAT(•,F4=NM 71 77662355---------- EXHIBIT B yy V L 1.7 ; MADE THE / 5- day of NfiUGm Two Thousand Six (2006) . z p s C BETWEEN HAMPDEN STATION, a Pennsylvania General Partnership with N Its principal place of business at 3815 Market Street, Camp Hill Pennsylvania 17011, hereinafter 3 (Grantor) '-" w and OLDE FORGE BUILDERS, INC., of Cumberland County, Pennsylvania cn hereinafter (Grantee) WITNESSETH, that in consideration of Seventy-five Thousand Dollars and 00/100 ($ 75,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee, its successors and/or assigns ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, being shown and designated as lot 29 on a plan entitled "Final Subdivision Plan - Phase II for Hampden Station", by Dawood Engineering, Inc., plan dated March 20, 2002, last revised April 29, 2002 and recorded in Cumberland County Plan Book 85, Page 125. Said parcel being more fully described as follows: BEGINNING at a 5/8" rebar set, said rebar being on the line of lots 29 and 30, where said line intersects with the eastern line of Armitage Way (50' right-of-way); Thence along lot 30, South 79 degrees 57 minutes 46 seconds East, a distance of 110.00 feet to a 5/8" rebar set on the. rear line of lot 24 (Phase 1); Thence along lots 24 and 25 (Phase 1), South 10 degrees 02 minutes 14 seconds West, a distance of 100.00 feet to a 5/8" rebar set on the northern line of lot 28; Thence along said lot, North 79 degrees.57 minutes 46 seconds West, a distance of 110.00 feet to a 5/8" rebar set on the eastern right-of-way line of the aforementioned Armitage Way; Thence along said right-of way line, North 10 degrees 02 minutes 14 seconds East, a distance of 100.00 feet to a 5/8" rebar set on the line of lots 29 and 30; the PLACE OF BEGINNING. CONTAINING: 11,000 square feet, more or less. Being subject to a 20' wide storm sewer easement centered on the lot line of lots 28 & 29 and a 20' wide storm sewer easement centered on the entire rear lot line. ?r THIS DEED I?e.(rin the year of our Lord BOOK 277 PAC 3586 BEING part of the premises granted and conveyed to Hampden Station by Deed of Arthur R. Feister, et ux, dated February 14, 2000 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 216, Page 233. This conveyance is pursuant to authority granted by the Limited Power of Attorney of Hampden Station to Viola E. Thompson, which Agreement is dated April 16, 2000 and recorded September 28, 2000 in Misc. Book 655, Page 1006. b0d 277 PACs,3,587 AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WRNESS WHEREOF, said grantor has hereunto set its hand and seal the day and year above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF :HAMPDEN STATION By: Viola Thompson, A" e 'n-fact COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND This I-Y day of before me a Notary Public and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Viola Thompson, known to me or satisfactorily proven to be the person whose name is subscribed to the above indenture as attorney in fact for Hampden Station, and acknowledged that she executed the same as the act of her principal for the purpose therein contained. /f usn S. DAM, NOTARY KHM HAMPMTiIYP.. COUNN OF CUMBEMM W CONMS" BN0 DECR%ffl 9.2007 hand I do hereby certify that the precise residence and co lete -po o address of the within named grantees isyec- A?04 -4- Zz. 2W& C.s Esq AV Aromey for Grantee I Certify this to be record In Cumberland County P4 N M W a = ~~ _ pN fffJJJIIi A ,per I ?.-. Recorder oi: D,.:c;is BOOK 277 PACE3584 n •? to d. M N v M? W N 0 ?~? V1 V1 ate. 0 6 4 O O r VERIFICATION I, Craig Hench, President of Olde Forge Builders, Inc., am authorized to make this verification on its behalf and verify that that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE Olde Forge Builders, Inc. BY: Craig Hench, President IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUALITY STONE VENEER, INC. Plaintiff V. NO. 09-1172 MLD TERM OLDE FORGE BUILDERS, INC. Defendant CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below, service by US Mail addressed as follows: Susan P. Peipher, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Date: April 14, 2009 Qr ,- r .v: r':','?'?•i ', ,'Y • SP crh 514755.1 ( 06038.063 ) 4128109 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Plaintiff V. No. 09-01172 OLDE FORGE BUILDERS, INC Defendant PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN CLAIM 1. Admitted. 2. Admitted upon information and belief. By way of further answer, Defendant Olde Forge Builders, Inc. is also the owner of the property. 3. Admitted. 4. Admitted. COUNTI Failure to Provide Notice of Intent to File Claim 5. No response required. 6. Denied as a legal conclusion to which no response is required. By way of further answer, Plaintiff has not filed this claim as a subcontractor and, as such, Section 1501(b)(1) of Mechanic's Lien Law has no application to this matter. 1b SP!Zcrh 514755.1 ( 06038.063 ) 4/28/09 7. Denied as a legal conclusion to which no response is required. By way of further answer, Plaintiff has not filed this claim as a subcontractor and, as such, Section 1501(b)(1) of Mechanic's Lien Law has no application to this matter. 8. Admitted in part. Denied in part. It is admitted only that Plaintiff did not file a Notice of Intention to file a Mechanic's Lien Claim. It is denied that any such Notice was required for the reasons set forth in paragraph 6 and 7 above. 9. Denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff Quality Stone Veneer, Inc., respectfully requests that this Honorable Court overrule the Preliminary Objections filed by Defendant Olde Forge Builders, Inc. COUNT II Failure to Provide Notice of Filing of Claim 10. No response required. 11. Denied as a conclusion of law to which no response is required. By way of further answer, the written notice of the filing of the Mechanic's Lien Claim was served by the Cumberland County Sheriff on February 28, 2009. The return of Sheriff's service was filed with the court and noted in the docket on March 2, 2009. 12. Admitted. It is admitted that the Mechanic's Lien Claim was filed on February 26, 2009 and that the Claimant had until March 28, 2009 to serve Olde Forge Builders, Inc. By way of further answer, as noted in paragraph 11 above, the Cumberland County Sheriff served Olde Forge Builders with the Mechanic's Lien Claim on February 26, 2009. 13. Denied. It is specifically denied that the Claimant did not file the requisite Affidavit of Service within twenty days after service. As stated in paragraph 11 above, the Sheriff's return of service was filed with the Cumberland County Prothonotary as noted on the docket on March 2, 2009. 2 SP`crh 514755.1 ( 06038.063 ) 4/28/09 14. Denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff Quality Stone Veneer, Inc., respectfully requests that this Honorable Court overrule the Preliminary Objections filed by Defendant Olde Forge Builders, Inc. BLAKINGER, BYLER & THOMAS, P.C. Dated: _ L? ?0 By SPP:crh 514755.1 ( 06038.063 ) 4122109 VERIFICATION I, 4o&?t7 &" verify that I am the of Quality Stone Veneer and, as such, I am authorized to make this verification on its behalf and that the statements made in the foregoing Plaintiffs Reply to Defendant's Preliminary Objections to Mechanic's Lien Claim are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: q k YfO 5 QUALITY STONE VENEER, INC. By: 5 Title: 00 -(1 (At 4 SPP:crh 514755.1 ( 06038.063 ) 4/28/09 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Plaintiffs Reply to Defendant's Preliminary Objections to Mechanic's Lien Claim upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Peter J. Russo, Esq. LAW OFFICES OF PETER J. RUSSO, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 P.C. Dated: ?JIAC? By: SusanPeipher, Esq 5 HL7_? OF THE P ; itY,, ;TrRY ???1?1 IS..?1 ?4 2009 APR 30 i'i`i 1 i ; 5 PRAECIPE FOR LISTING 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) QUALITY STONE VENEER, INC., Plaintiff vs. OLDE FORGE BUILDERS, INC., Defendant No. 09-01172 . Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etcl.): Defendant s Preliminary Objections to Mechanic's Lien Claim. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Susan P. Peipher, Esq., KWdnWr, Byler & Mxmis, P.C., 213 Pan Sq., Lawaster, (Name and PA 176M (b) for defendants: Peter J. Ruse, Esq., Lar d cf Peter J. Russo, P.C., 9006 E. ni dle Rd., Name and Address) Suite 100, It I , PA 17056 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 3, 2009 Susan P. Peipher, Esq. Print your name a Plaintiff Quality Stone Veneer, Inc. a9 /? ?- Attorney for Date: lJ I INSTRUCTIONS: 1. Two copies of all briefs must be filed 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. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. CA/ t, I `- ?' ,. i, T\ i {? QUALITY STONE VENEER, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-1172 MLD OLDE FORGE BUILDERS, INC., Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S MECHANICS' LIEN CLAIM BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this Z 3.+ day of June, 2009, the preliminary objections of the defendant to the plaintiff s mechanics' lien claim are OVERRULED. BY THE COURT, Kevi . Hess, J. Susan P. Peipher, Esquire For the Plaintiff Peter J. Russo, Esquire For the Defendant Am QUALITY STONE VENEER, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW : NO. 09-1172 MLD OLDE FORGE BUILDERS, INC., Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S MECHANICS' LIEN CLAIM BEFORE HESS AND EBERT, J.J. OPINION AND ORDER Defendant, Olde Forge Builders, Inc. ("Olde Forge"), owns the parcel of land located at 1225 Summit Way, Mechanicsburg, Pa. ("Property"). Olde Forge and Plaintiff, Quality Stone Veneer, Inc. ("Quality Stone"), executed an agreement whereby Quality Stone agreed to furnish all labor and materials needed to install stone veneer on the Property. After Olde Forge failed to pay its debt for the veneer work, Quality Stone filed a Mechanics' Lien Claim on February 26, 2009, on the Property. On April 7, 2009, Quality Stone filed a Complaint in Action Upon Mechanic's Lien. On April 19, 2009, Olde Forge filed its Preliminary Objections to Quality Stone's Mechanics' Lien, alleging that Quality Stone failed to serve it with notice of its intention to file a Mechanics' Lien, a violation of Olde Forge's rights under 49 P.S. § 1502(a)(2). Important to this case is the distinction between "owner" and "contractor." Under the Mechanics' Lien Law, "owner" is defined as "an owner in fee, a tenant for life or years or one having any other estate in or title to property." 49 P.S. 1201(3). "Contractor," on the other hand, is defined as: NO. 09-1172 MLD one who, by contract with the owner, express or implied, erects, constructs, alters or repairs an improvement or any part thereof or furnishes labor, skill or superintendence thereto; or supplies or hauls materials, fixtures, machinery or equipment reasonably necessary for and actually used therein; or any or all of the foregoing, whether as superintendent, builder or materialman. The term also includes an architect or engineer who, by contract with the owner, express or implied, in addition to the preparation of drawings, specifications and contract documents also superintends or supervises any such erection, construction, alteration or repair. 49 P.S. § 1201(4). This distinction is of consequence. A contractor may place a lien upon an owner's property without notice, whereas a subcontractor is required to provide an owner with written notice of his intent thirty days prior to placing a lien upon the owner's property. 49 P.S. §§ 1301, 1501 (b.l). This statutory distinction is presumably to give owners an opportunity to contact their contractors and avoid the imposition of any encumbrance. See, e.g., Russell v. Bell, 44 Pa. 47 (1862); Giansante v. Pascuzzo, 205 Pa.Super. 28, 29, 206 A.2d 3,40, 342 (1965). Owen v. Johnson, 174 Pa. 99, 34 A. 549 (1896) provides useful insight to the instant case. In Owen, the defendant Johnson owned ten houses upon which the plaintiff materials provider placed a lien for plumbing materials which were installed there by Schaefer, a plumber, but not paid for. Johnson argued that by virtue of his dual status as both "contractor" and "owner," co- defendant Schaefer's proper classification was that of a "subcontractor," and therefore, the plaintiff, as a materials provider to Schaefer, should not have been able to place a lien upon the defendant's houses. Owen, 174 Pa. at 101, 34 A. at 550. The court rejected this argument, saying, "[S]uch an intervention cannot be effected by regarding Johnson in the double aspect of owner and contractor." Owen, 174 Pa. at 102, 34 A. at 550. In Owen, the court rejected the 2 NO. 09-1172 MLD argument (made here by Olde Forge) that a contractor who also owns the property should be treated as a "contractor" for the purposes of a mechanics' lien. As stated above, the phrase "one who, by contract with the owner, express or implied" begins the definition of "contractor" found in the Mechanics' Lien Law. 49 P.S. § 1201(4). This construction implies that the owner and the contractor are separate entities, a proposition directly supported in L-Co Cabinet Corp. v. Summit Square Apartments, Inc., 64 Pa. D. & C.2d 528 (Lebanon Co. 1973). In L-Co Cabinet, an owner of property signed a stipulation against the filing of a mechanics' lien with itself in two capacities, as owner and contractor, for consideration of $1. In addressing this attempt at contractually separating the dual roles of the owner and the contractor, the court said: It is fundamental that there must be at least two parties to the making of a contract, for it is a rule of the common law that no man may contract with himself. This is so even where a man is acting in more than one capacity. At law, it is not permissible for one man to deal with himself contractually in another capacity. L-Co Cabinet Corp., 64 Pa. D. & C.2d at 531, citing 1 Williston on Contracts § 18. While the defendant in this case does not purport to have a contract with himself, the fact that he could not supports the proposition that he is first and foremost the "owner" and not the "contractor." Thus, since there is no requirement to give a thirty-day notice to an owner, it makes no sense to require the notice when the same owner claims to also be a contractor. NO. 09-1172 MLD ORDER AND NOW, this L9?+ day of June, 2009, the preliminary objections of the defendant to the plaintiff's mechanics' lien claim are OVERRULED. BY THE COURT, AL Kevin AMess, J. Susan P. Peipher, Esquire For the Plaintiff Peter J. Russo, Esquire For the Defendant Am 4 O fY aar j`,`: 1 1 ~1 • ? ' f