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HomeMy WebLinkAbout04-1965 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0'-1- 1%5 lYJW) : CIVIL ACTION-LAW ROBERT JACKSON t/a JACKSON ENTERPRISES, VS. MICHAEL RAICH AND MICHELLE RAICH, Defendant TO: MICHAEL HAICH AND MICHELE RAICH 2806 F AIRVIEW ROAD CAMP HILL, PA 17011 NOTICE OF FILING OF MECHANICS LIEN CLAIM You are notified that Mechanics Lien Claim in the amount of $70,323.04 has been filed on behalf of Robert Jackson t/a Jackson Enterprises, against the property at 2806 Fairview Road, Camp Hill, PA 17011 of which you are the owners or reputed owners. The Claim was filed on Met y 3 , 2004, in the Court of Corrunon of Cumberland County, Pennsylvania, to the above caption, term and number. A copy of the Claim is attached PURCELL, KRUG & HALLER BY Jbhu cell, Jr. 1 . #29955 1719 North Front Street Harrisburg, PA 17012 (717) 234-4178 Attorney for Claimant ROBERT JACKSON t/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. MICHAEL HAICH AND MICHELLE HAICH, :NO. : CIVIL ACTION-LAW Defendant MECHANICS LIEN CLAIM Claimant, Robert Jackson t/a Jackson Enterprises, through the undersigned counsel, files this claims against the improvements in property located at 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania for the payment of a debt due to the Claimant as a contractor for labor and materials furnished by Claimant in the alteration and repair of the improvements. In support of the claim, the Claimant makes the following statement: 1. The owner of the property is Michael Raich and Michelle Raich, his wife, with an address of 2806 Fairview Road, Camp Hill, Pennsylvania 17011. 2. The improvement in the property which is subject to this claim are a single family home constructed on the real estate located at 2806 Fairview Road, Camp Hill, Pennsylvania 17011 and presently owned by the owners. 3. The labor and materials for which the debt is due were furnished under a Contract dated July 23, 2003, with Addendwns. A copy of the Contract is attached hereto as Exhibit "A" and a copy of the Addendwns for extra work approved by the owner are attached as Exhibits "B" and "C". 4. The labor and materials for which the debt is due are listed and attached as Exhibits JIA", liB" and "C". 5. The Claimant completed his work on the property on or about January 20, 2004, subject to a punch list to be worked on thereafter. Subsequent to the last work performed on the property, Claimant was notified by Defendant's counsel that "Jackson Enterprises will not be permitted to perform any further work on the Raich home". Claimant's last work was performed less than four months before the filing of this claim. 6. Deductions for work deleted from the Contract have been credited to the owners, additional work has been added, and owners have paid a portion on account, leaving a balance of $70,323.04 per the attached invoice attached as Exhibit "D", for which a claim is made by the Claimant. Respectfully submitted, LER BY Jo W. Purcell, Jr. 1. . #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Claimant JACKSON ENTERPRISES 1735 STATE STREET HARRISBURG, PENNA. 17103 VOICE -136-1643 FAX -138-9805 July 13, 1003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Po. 17055 Reo' 2806 Fairview Road Contract Roof' We propose to remove all old layers of shingles. There are two layers of shingles, remove down to wood deck and haul away. Remove old skylights that are not used and seal over holes. Install one new skylight in new kitchen area (replace old patio skylight). Install new 30-lb felt ice and snow shield along edges. Install new aluminum drip-edge and new 30 year architectural fiberglass shingles on complete "A" roof area with all flashings and aluminum ridge vents. On flat roofs, we will remove old EPDM rubber roofs that have wet insulation and holes. Install new 1 " ISSO insulation and new 060 mil EPDM totally glued down rubber roof system with all new flashings and edgings. RUBBER ROOF GUARANTEED FOR 15 YEARS (MATERiALS) SHINGLES GUARANTEED FOR 30 YEARS (MATERiALS) Labor guaranteedfor (1) year Kitchen: Remove existing kitchen, which consists of base and wall cabinets, countertop, and 5' range hood Remove (1) wall, extend kitchen and build 2 walls that consists of 2 x 4 's and 3 %" of insulation. Install (1) 36" pre-hung door and screen. Remove existing ceiling and hang new drywall, finish. Close off skylight. Install complete kitchen with new wall cabinets and base cabinets. Custom build an island with a double sink and all plumbing. Install (1) and (1) drop-in stovetop. Install (1) microwave/stove combination over stovetoP. Custom build an "L" shaped seating group 5 'x 7 '. Remove closet next to kitchen and install cabinets with refrigerator boxed in. Install new formica countertops. The style of the cabinets will be "Waverly" made byArmstrong. Exhibit "AU Doors: Replace existing front door and side panels. Remove sliding glass doors in living room and dining room, and install (1) french door with side lights, and (2) French sliding glass doors with sidelights. Windows: Replace sliding windows in Master Bedroom, remove remaining windows throughout house and install double hung windows. Create window openings and install a Bav Window for family room and new windows in kitchen. Floors: Remove carpet and padding in living room and dining room, prepare floor for ~ " hardwood oak floor that will be installed by others. Crawl Space: Install a vapor barrier on dirt floor and repair three or four juices where needed. Remove and install (1) 50 gallon or 100 gallon hot water heater. (oilfired or electric) Service the existingjurnaces. Ceilingslwalls: Repair all domaged ceilings and walls where needed. Remove box from around living room, dining room and bedroom ceilings. In the main entry foyer, remove closet and lights box that consists of lighting system in area and drywall. Greenhouse: Remove existing greenhouse in front of house and landscape area with in reason. Miscellaneous: Remove existing panel box in basement and install a new 200 AMP box. Clean up and haul owtry all debris. Labor & Materials $95,000.00 Acceptance of Contract: Date: Date: Date: Jackson Enterprises 1 73 5 State Street Harrisburg, Penna. 17103 Voice - 236-2643 Fax - 238-9805 October 24, 2003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Pa. 17055 Re: 2806 Fairview Road Extra Work Approved By Owner's Two extra dumpsters, 75 sheets of \0'2" plywood cdx, support joices, seal holes, hang gutter, aluminum facia, new skylight --------------------------------$6,291.00 Electrical: Remoye and install all new receptacles and switches, install new lights, rework wires through-out entire house. Run new combination of three ways, four ways and single pole switches. The electrical work consists of rewiring the entire house from in the attic. $3,500.00 Master Bath: Demo entire bathroom, hang and finish new Drywall. Install new vanity, linen closet, water closet and new baseboard. Install new waste line with trap for new bathtub, and install new waterline. Hook-up new tub, remove and install new lights, Rebuild walls and ceilings from demo--------------------------------------------------$4,500.00 Painting: Prime and paint all interior ceilings and walls. Paint all interior woodwork. (master bedroom, family room, kitchen, dining room and living room) are of two colors. $2,500.00 Guest bathroom: Hang and finish new drywall remove old vanity and install one pedestal sink with mirror. Install a wall hung water c1oset------------------------------------------$I,900.00 Miscellaneous: Install granite around fireplace and mantle. Install new baseboard and W' round in living room and dining room. Install two new poles in living room/dining room area. $1,308. 14 Labor and Materials------------------------------------------------------$20, 000.00 Exhibit uB" Extra Work: ] . Inyoice from Home Depot, things was put on my card, should haye been $10,000.00 was $12,091.59. 2. Mantel re-instal] also granite was not in contract. 3. Build box in living room with 2 x 4"s, drywall & paint. Install % round at base. 4. Drywall over brick, finish & paint. instal] % round 5. Install all 0/. round at base ofliving room floor. and paint. 6. Install (2) two poles, also % round at top and bottom 7. Rebuild hole in kitchen floor, from floor contractor. Total Exhibit "eH 2.000.00 + 350.00 250.00 200.00 275.00 22500 200.00 $3,500.00 February 13, 2004 Michelle & Michael Raich 2806 Fairview Road Camp Hill, Pa. 17011 95,000.00 1-218.50 93,78150 4,000.00 89,78150 147.02 89,634.48 133.98 89,500.50 164.43 89,336.07 210.00 89,126.07 89.93 89,036.14 - 15,000.00 74,036.14 - 25.000.00 49,036.14 348.00 48,688.14 254.65 48,433.49 236.60 48,670.09 + Jackson Enterprises 1735 State Street Harrisburg, Penna. 17103 Voice - 236-2643 Fax - 238-9805 Invoice For Pavment (master bath, materials you paid for) (kitchen floor) (cabinet pulls and knobs) (mantel & trim) (window screen & hardware) (french door grills) (window screen & hardware) (paid on account) (paid on account) (building permit) (bay window head seat) Re: final invoice for Payment (mantel & oak surround, on my account) Exhibit "D" 48,670.09 800.00 47,870.09 571.45 47,299.09 476.05 46,823.04 + 20,000.00 66,82304 + 3.500,00 70,323.04 (balance forward from previous page) (L shaped seating (5x7 credit) to owner) (cook top) (microhood) (extra work approved by owner's) (subtotal) (extra work approved by owner's) (Total amount due) VERIFICATION I verify that the statements made in the foregoing MpC)1An; CR T,; pn r.l::l;m are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. fl4904 relating to unsworn falsification to authorities. Date: May 3 2004 /:~-17z\ L / ~ ROBERT M. JACKSff-~ j0 ~ '!9 c;; ,- .J C 0"' \~- C7\ '-.. ~ ~ <> ~o ~ ~ 04' ~ ;;::'-) ~ ----.-. @ (-~) "-> r:-:::-. C~::} ..- -' I f,^, :::.? '::' (.., -J o -n :? ni" , -fJnl -. ,C) ,., L ~,,~C.J r:~ ::~-; C) :'n SHERIFF'S RETURN - REGULAR CASE NO: 2004-01965 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON ROBERT ET AL VS RAICH MICHAEL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon RAICH MICHAEL the OWNER at 1635:00 HOURS, on the lOth day of May , 2004 at 2806 FAIRVIEW RD CAMP HILL, PA 17011 by handing to MICHELLE RAICH, ADULT IN CHARGE 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 So Answers: 18.00 10.35 .00 10.00 .00 38.35 ~~~4 R. Thomas Kline 05/11/2004 PURCELL KRUG HALLER me this /I~ day of ~ A.D. By' ~!- --1L-- . '-<T~ c\hL.yf Deputy Sheriff Sworn and Subscribed to before Ol.. 0 f' ~....c...;...~- -~- U Prothonotanr ()~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01965 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON ROBERT ET AL VS RAICH MICHAEL ET AL ROBERT BITNER Sheriff or Deputy Sheriff of' Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon RAICH MICHELLE the OWNER , at 1635:00 HOURS, on the 10th day of May , 2004 at 2806 FAIRVIEW ROAD CAMP HILL, PA 17011 by handing to MICHELLE RAICH 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ~9?~~ R. Thomas Kline 05/11/2004 PURCELL KRUG HALLER Sworn and Subscribed to before me this /I ~ day of ~ ,.;J~o 'i A.D. By: ~ iI'------, ~ ' u-r\~( L eputy Sherl f +(_.~... ?V\.- -.(... . ",0 - ~ U Prothonotary Q -- r ...a .. REAGER & ADLER, P.C. By: Theodore A. Adler, Esquire Attorney J.D. No. 16267 Email: Tadler@ReagerAdlerPC.com By: Thomas O. Williams, Esquire Attorney J.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com Bv: John H. Pietrzak. ESQuire Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com Bv: Richard J. Jovce. ESQuire Attorney J.D. No. 85520 Email: Rloyce@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Michael and Michelle Raich ROBERT JACKSON, t/d/b/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Respondent v. : No. 04-1965 MLD MICHAEL and MICHELLE RAICH, CIVIL ACTION - LAW Petitioners PETITION TO STRIKE OFF CLAIM FOR FAILURE TO COMMENCE ACTION AND NOW, come Petitioners Michael Raich and Michelle Raich, by and though their attorneys, Reager & Adler, PC, and submit this Petition to Strike Off Claim, and in support thereof aver the following: 1. Petitioners are, and at all times herein mentioned were, residents of the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, and the owners of the following described premises: 2806 Fairview Road, Camp Hill, Pennsylvania 17011. 2. Respondent is, and at all times herein mentioned was, a resident of the City of Harrisburg, County of Dauphin, State of Pennsylvania. 3. On May 3,2004, Respondent, as Claimant, caused to be filed in the Office of the Prothonotary of the Court of Common Pleas of the County of Cumberland, Commonwealth of Pennsylvania, a claim for a Mechanic's Lien against the interest of Petitioner in the above- 'f described real property, a copy of which claim is annexed hereto, marked Exhibit "A", and made a part hereof. 4. Respondent/Claimant failed, however, to commence an action to obtain judgment upon the Mechanic's Lien claim on or before May 3,2006, as required by Act of August 24, 1963, PL 1175, No, 497 ~ 701 (b), Act of December 28, PL 1640, No. 343 ~ 1; 49 PS ~ 1701(b), and the lien has not been otherwise discharged or canceled of record, As ofthe date of this Petition, no Complaint to Obtain Judgment on the Mechanic's Lien has been filed. 5. No previous application has been made for this or any similar Order, 6. Petitioners' undersigned Counsel sent a letter to Respondent's Counsel, dated May 10,2006, requesting that Respondent's Mechanic's Lien be voluntarily withdrawn, given the failure of Respondent to timely file a Complaint to Obtain Judgment on the Mechanic's Lien. A true and correct copy ofthe aforesaid letter is attached hereto as Exhibit "B". As ofthe time of this Petition, no response has been received from Respondent or its Counsel. WHEREFORE, Petitioners pray that the claim filed as aforesaid against said real property be stricken and canceled of record, and that Petitioners have such other and further relief as the Court may deem equitable and proper. Respectfully submitted, Date: June~, 2006 2 Exhibit A ) . . " ROBERT JACKSON t/a JACKSON ENTERPRISES, Plaintiff VS. MICHAEL RAICH AND MICHELLE RAICH, Defendant --...~- ""'-I.,.._-~-.... : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. Ot(-19v~ /fILO : CIVIL ACTION-LAW TO: MICHAEL RAICH AND MICHELE RAICH 2806 F AIRVIEW ROAD CAMP HILL, PA 17011 NOTICE OF FILING OF MECHANICS LIEN CLAIM o c: s: -u ~';'l riirTi 2:,(1 -~.,.. r-''''' fh)?_ /' . r:: I:'J ~ .i?; () 4 ("') >"e: ~ f"o.> g. ~ ~ :2 ~ n'~ , :ge3 tw 06 ~~fi -0 -:n :J: g (") om ~ ?5 c.n =< -l You are notified that Mechanics Lien Claim in the amount of $70,323.04 has been filed on behalf of Robert Jackson t/a Jackson Enterprises, against the property at 2806 Fairview Road, Camp Hill, P A 17011 of which you are the owners or reputed owners. The Claim was filed on , 2004, in the Court of Common of Cumberland County, Pennsylvania, to the above caption, term and number. A copy of the Claim is attached ...,"'" PURCELL, KRUG & HALLER cell, Jr. I . W:29955 1719 North Front Street Harrisburg, P A 17012 (717) 234-4178 Attorney for Claimant ; l ROBERT JACKSON t/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. MICHAEL RAICH AND MICHELLE RAICH, : NO. : CML ACTION-LAW Defendant MECHANICS LIEN CLAIM Claimant, Robert Jackson t/a Jackson Enterprises, through the undersigned counsel, files this claims against the improvements in property located at 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania for the payment of a debt due to the Claimant as a contractor for labor and materials furnished by Claimant in the alteration and repair of the improvements. In support of the claim, the Claimant makes the following statement: 1. The owner of the property is Michael Raich and Michelle Raich, his wife, with an address of 2806 Fairview Road, Camp Hill, Pennsylvania 17011. 2. The improvement in the property which is subject to this claim are a single family home constructed on the real estate located at 2806 Fairview Road, Camp Hill, Pennsylvania 17011 and presently owned by the owners. 3. The labor and materials for which the debt is due were furnished under a Contract dated July 23, 2003, with Addendums. A copy of the Contract is attached hereto as Exhibit "A" and a copy of the Addendums for extra work approved by the ",'$' '. 'I owner are attached as Exhibits "B" and "C". 4. The labor and materials for which the debt is due are listed and attached as Exhibits "A", "B" and "C", 5. The Claimant completed his work on the property on or about January 20, 2004, subject to a punch list to be worked on thereafter. Subsequent to the last work performed on the property, Claimant was notified by Defendant's counsel that "J ackson Enterprises will not be permitted to perform any further work on the Raich home", Claimant's last work was performed less than four months before the filing of this claim. 6. Deductions for work deleted from the Contract have been credited to the owners, additional work has been added, and owners have paid a portion on account, leaving a balance of $70,323.04 per the attached invoice attached as Exhibit "D", for which a claim is made by the Claimant. Respectfully submitted, Jo W. Purcell, Jr. I. . #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Claimant ..;".~- JACKSON ENTERPRISES 1735 STATE STREET HARRISBURG, PENNA. 17103 VOICE - 236-2643 FAX - 238-9805 July 23, 2003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Pa. 17055 Reo' 2806 Fairview Road Contract Roof: We propose to remove all old layers of shingles. There are two layers of shingles, remove down to wood deck and haul away. Remove old skylights that are not used and seal over holes. Install one new skylight in new kitchen area (replace old patio skylight). Install new 30-lb felt ice and snow shield along edges. Install new aluminum drip-edge and new 30 year architectural fiberglass shingles on complete "A" roof area with all flashings and aluminum ridge vents. Onflat roofs, we will remove old EPDM rubber roofs that have wet insulation and holes. Install new 1" ISSO insulation and new 060 mil EPDM totally glued down rubber roof system with all new flashings and edgings. RUBBER ROOF GUARANTEED FOR 15 YEARS (MATERIALS) SHINGLES GUARANTEED FOR 30 YEARS (MATERIALS) Labor guaranteedfor (1) year Kitchen: Remove existing kitchen, which consists of base and wall cabinets, countertop, and 5' range hood. Remove (1) wall, extend kitchen and build 2 walls that consists of 2 x 4 's and 3 %" of insulation. Install (1) 36" pre-hung door and screen. Remove existing ceiling and hang new drywall, finish. Close off skylight. Install complete kitchen with new wall cabinets and base cabinets. Custom build an island with a double sink and all plumbing. Install (1) and (1) drop-in stovetop. Install flJ microwave/stove combination over stovetOD.. Custom build an "L" shaped seating group 5 ' x 7 '. Remove closet next to kitchen and install cabinets with refrigerator boxed in. Install new formica countertops. The style of the cabinets will be "Waverly" made by Armstrong. .':c.-./" ..,s~';jK Exhibit "A" Doors: Replace existingfront door and side panels. Remove sliding glass doors in living room and dining room, and install (1) french door with side lights, and (2) French sliding glass doors with sidelights. . Windows: Replace sliding windows in Master Bedroom, remove remaining windows throughout house and install double hung windows. Create windQw openings and install a Bav Window for family room and new windows in kitchen. Floors: Remove carpet and padding in living room and dining room, prepare floor for 34" hardwood oak floor that will be installed by others. Crawl Space: Install a vapor barrier on dirt floor and repair three or four juices where needed Remove and install (1) 50 gallon or 100 gallon hot water heater. (oil fired or electric) Service the existingfumaces. Ceilingslwalls: Repair all damaged ceilings and walls where needed Remove box from around living room, dining room and bedroom ceilings. In the main entry foyer, remove closet and lights box that consists of lighting system in area and drywall. Greenhouse: Remove existing greenhouse in front of house and landscape area with in reason. Miscellaneous: Remove eXiSting panel box in basement and install a new 200 AMP box. Clean up and haul away all debris. Labor & Materials $95,000.00 Acceptance of Contract: Date: Date: Date: .;1\..-, "~~4; . , Jackson Enterprises 1735 State Street Harrisburg, Penna. 17103 Voice- 236-2643 Fax - 238-9805 October 24,2003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Pa. 17055 Re: 2806 Fairview Road Extra Work Approved By Owner's Two extra dumpsters, 75 sheets of~" plywood cdx, supportjoices, seal holes, hang gutter, aluminum facia, new skylight --------------------------------$6,291.00 Miscellaneous: Install granite around fireplace and mantle. Install new baseboard and 3/4" round in living room and dining room. Install two new poles in living room/dining room area. $1,308.14 Labor and Materials-----------------------------------:.------------------$20,000.00 , ..o!lI;h Exhibit liB" Extra Work: 1. Invoice from Home Depot, things was put on my card, should have been $10,000.00 was $12,091.59. 2. Mantel re-install also granite was not in contract. 3. Build box in living room with 2 x 4"s, drywall & paint. Install % round at base. 4. Drywall over brick, finish & paint, install 3/4 round 5. Install all 314 round at base of li,,~ng room floor, and paint. 6. Install (2) two poles, also % round at top and bottom 7. Rebuild hole in kitchen floor, from floor contractor. Total .:.::t":"" ,'''i'i'l',,'' Exhibit "e" . . 2,000.00 + 350.00 250.00 200.00 275.00 225.00 200.00 $3,500.00 (J:..;__, .. February 13, 2004 Michelle & Michael Raich 2806 Fairview Road Camp Hill, Pa. 17011 95,000.00 1.218.50 93,781.50 4.000.00 89,781.50 147.02 89,634.48 133.98 89,500.50 164.43 89,336.07 210.00 89,126.07 89.93 89,036.14 - 15.000.00 74,036.14 - 25.000.00 49,036.14 348.00 48,688.14 254.65 48,433.49 + 236.60 48,670.09 "~"':" Jackson. Enterprises 1735 State Street Harrisburg, Penna. 17103 Voice - 236-2643 Fax - 238-9805 Invoice For Payment (master bath, materials you paid for) (kitchen floor) (cabinet pulls and knobs) (mantel & trim) (window screen & hardware) (french door grills) (window screen & hardware) (paid on account) (paid on account) (building permit) (bay window head seat) Re: final invoice for Payment (mantel & oak surround, on my account) Exhibit "n" . , . . , , 48,670.09 800.00 47,870.09 571.45 47,299.09 476.05 46,823.04 + 20.000.00 66,823.04 + 3.500.00 70,323.04 ;..;,--. ~;.,)' , . ) (balance forward from previous page) (L shaped seating (5x7 credit) to owner) ( cook top) ( microhood) (extra work approved by owner's) (s~btotal) (extra work approved by owner's) (Total amount due) '. , , , ) VERIFICA TION I verify that the statements made in the foregoingMp.C'h;:m;r~ T,; pn . C:l;:lim are true and correct.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswomfalsification to authorities. Date: May 3 2004 ,<<~-'M, .~~ ROBERT M. JACKS&{. . ';'fr!. .,..,,- E^hibit E> . REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com SUSAN H. CONFAIR TIFFANY M. CARTWRIGHT PETER R. WILSON JOHN H. PIETRZAK RICHARD J. JOYCE +Certified Civil Trial Specialist THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE THOMAS 0, WILLIAMS SUSAN J. SMITH Writer's E-Mail Address:Twllliams@ReagerAdlerPC.com May 10, 2006 John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Re: Mechanics' Lien Claim Our Clients: Mr. & Mrs, Michael Raich Your Client: Jackson Enterprises Our file no.: 04-144.000 Dear John: In reviewing our file in the above-referenced matter, I note that no Complaint has been filed to enforce the Mechanics' Lien filed on behalf of your client in the Cumberland County Court of Common Pleas. As you will recall, the Mechanics' Lien was filed on May 3, 2004. As you are also aware, the Pennsylvania Mechanics' Lien Law requires that a Complaint be filed within two years ofthe filing of the Mechanics' Lien claim, or the Mechanics' Lien claim must be stricken. The purpose of this letter is to request that your client voluntarily file a Praecipe to mark the Mechanics' Lien claim removed, withdrawn and ended with prejudice. I ask this so that we need not incur the expenses and time in filing a petition with the Court to strike the Mechanics' Lien claim. I thank you in advance for your anticipated cooperation in this matter, and should you have any questions, please feel free to call me. TOWljne cc: Michael and Michelle Raich . CERTIFICATE OF SERVICE AND NOW, this q I-~~ day of June, 2006, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 C) r--_,) .. .~ L,) -, .'0 -i .r- '-:0 :.l.J -< . ROBERT JACKSON, t/dIb/a JACKSON ENTERPRISES V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL & MICHELLE RAICH : NO. 2004 - 1965 MLD ORDER OF COURT AND NOW, this 27TH day of JUNE, 2006, a Rule is issued upon Plaintiffto Show Cause why the Mechanic's Lien should not be stricken. Rule returnable twenty (20) days after service upon Plaintiff's counseL ~hn W. Purcell, Jr., Esquire 1719 North Front Street Harrisburg, Pa. 17102 ,/l'homas O. Williams, Esquire ~ 2331 Market Street Camp Hill, Pa. 17011 .Michael & Michelle Raich 2806 Fairview Rd. Camp Hill, Pa. 17011 :sld Edward E. Guido, 1. ~D\.o :? \Y "(1.(' "t; ',J Q"/ ! r....(...: C'O''1 .'t! (., 3Hl :,J'..>:JTI:I " :JI.) . John W. Purcell, Jr. J.D. 29955 Purcell, Krug & Haller 1;:719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 jpurcell@pkh.com ROBERT JACKSON tld/b/a JACKSON ENTERPRISES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004-1965 MLD MICHAEL & MICHELLE RAlCH, Defendants ANSWER TO PETITION TO STRIKE OFF CLAIM FOR FAILURE TO COMMENCE ACTION L Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part as more fully set forth in New Matter below. 5. Admitted. 6. Admitted that the letter was sent. The letter speaks for itself. NEW MATTER 7. Respondent originally filed a Mechanic's Lien Claim on May 3,2004, and thereafter served a copy of the claim on the Petitioners on May 10, 2004. 8. Respondent's counsel caused to prepare a Complaint upon the Mechanic's Claim, but after discussions with counsel for the Petitioners, held off on filing it while the parties attempted to pursue avenues of settlement. 9. Settlement offers have been made, however, no settlement has been reached. 10. A copy of the Defendants' Complaint previously prepared, but unfiled, is attached hereto and made a part hereof as Exhibit "An. 11. Counsel for the Petitioners did not give notice to the counsel for the Respondent of an intention to file a Petition to Strike Off the Mechanic's Claim, until after the two year period under the Statute had elapsed, rather than prior thereto. WHEREFORE, Respondent requests the Court to allow the Respondent to file the attached Complaint, and proceed with the case as aforesaid. Respectfully submitted, J W. LD. #29955 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 EXHIBIT "A" ROBERT JACKSON Va JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. MICHAEL HAlCH AND MICHELLE HAlCH, : NO. 04-1965 MLD : CIVIL ACTION-LAW Defendants COMPLAINT UPON MECHANICS LIEN CLAIM 1. The Plaintiff is Robert Jackson Va Jackson Enterprises with an address of 1735 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. 2. The Defendants are Michael Raich and Michelle Raich, adult individuals with a current address of 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff was the General Contractor with whom the Defendants contracted in connection with this claim. 4. The Plaintiff filed a Mechanics Lien Claim on May 3, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania to the above term and number, a copy of which is attached as Exhibit" An. 5. The amount of Plaintiff's claim is $70,323.04. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $70,323.04, with interest from the date of contract and costs. PURCELL, KRUG & HALLER By John W. Purcell, Jr. LD. #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 . , CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certifY that a true and correct copy of the foregoing was served on the Defendants by depositing said copy in the United States Mail, postage prepaid, first class mail on July 17, 2006: Thomas O. Williams, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-4642 Attorney for the Defendants .-'~ - ,,> c:~ ') ,....J '~.I'" o -on -, :1: ..,., .11,=; c_ \.!.-Y r'.l f'o.) , ,) , ",.., ::<: REAGER & ADLER, P.C. By: Theodore A. Adler, Esquire Attorney 1.D. No. 16267 Email: Tadler@ReagerAdlerPC.com By: Thomas O. Williams, Esquire Attorney 1.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com Bv: John H. Pietrzak. Esquire Attorney 1.D. No. 79538 Email: Jl.ietrzak@ReagerAdlerPC.com Bv: Richard J. Jovce. Esquire Attorney 1.D. No. 85520 Email: Rioyce@J.ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Michael and Michelle Raich ROBERT JACKSON, tld/b/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Respondent v. : No. 04-1965 MLD MICHAEL and MICHELLE RAICH , : CIVIL ACTION - LAW Petitioners PETITIONERS' REPLY TO RESPONDENT'S NEW MATTER TO PETITIONERS' PETITION TO STRIKE OFF MECHANIC'S LIEN CLAIM 7. Admitted. 8. Denied. Upon reasonable investigation, the Petitioners are without sufficient information to admit or deny whether Respondent's counsel caused to prepare a Complaint upon the Mechanic's Lien claim as alleged in Paragraph 8. The ayerments therefore are denied, and strict proof thereof, if admissible, is demanded. By way of further reply, it is specifically denied that any discussions between counsel excused the Respondent from timely filing a Complaint upon the Mechanic's Lien claim in accordance with the applicable Statutes of Limitation. 9. Admitted. 10. Denied. Upon reasonable investigation, the Petitioners are without sufficient information to admit or deny whether the Complaint attached as Exhibit "A" to Respondent's New Matter was preyiously prepared as alleged in Paragraph 10. The averments therefore are denied, and strict proof thereof, if admissible, is demanded. As such, each and every allegation contained in Paragraph 10 is denied. 11. Admitted in part, denied in part. Although it is admitted that counsel for Petitioners did not giye notice to counsel for the Respondent of its intention to file a Petition to Strike Off Mechanic's Lien Claim on behalf of the Petitioners until after the two-year period under the Statute had elapsed, any and all allegations or inferences that Petitioners' counsel was required to provide notice of its intent to file a Petition on behalf of the Petitioners prior to the running of the two-year Statute are denied as legal conclusions. WHEREFORE, Petitioners respectfully request this Honorable Court to strike the Respondent's Mechanic's Lien claim in accordance with their Petition previously submitted in this matter. Respectfully submitted, Date: July B.., 2006 2 . ~ CERTIFICATE OF SERVICE AND NOW, this.tL day of July, 2006, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 HOMAS O. WILLIAMS, ES UIRE \ '"" V , c.~ "~ '.../ ..'1'1 .-1 f':,? ....." o -<:"-\ f'" C '" REAGER & ADLER, P.C. By: Theodore A. Adler, Esquire Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com Bv: John H. Pietrzak. Esquire Attorney I.D. No. 79538 Email: Jllietrzak@ReagerAdlerPC.com Bv: Richard J. Jovce. Esquire Attorney I.D. No. 85520 Email: Rioyce@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Michael and Michelle Raich ROBERT JACKSON, t/d/b/a JACKSON : IN THE COURT OF COMMON PLEAS OF ENTERPRISES, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent v. : No. 04-1965 MLD MICHAEL and MICHELLE RAICH, : CNIL ACTION - LAW Petitioners ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John H. Pietrzak, of the firm Reager & Adler, P.C. . "-, on behalf of Petitioners Michael and Michelle Raich in the above captioned matter. Date: July 24, 2006 , .... CERTIFICATE OF SERVICE AND NOW, this 24th day of July, 2006, 1 hereby verify that 1 haye caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 .... C,\ '- .. '~ ..j -n .--< r-"'. ['1'1 .......) c; 1"...) PRAECIPE FOR T .T~c. CJ\SIi'. FOR ARGUMENT (Must be typewritten and submitted ill duplicate) TO TIlE PROTHONOTARY OF CUMBERLAND COUN1Y: Please list the within matter for the next Argument Court. ----------------------------...-...---...----- CAPTION OF CASE (entire caption must be stated in full) ROBERT JACKSON, t/d/b/a JACKSON ENTERPRISES, (plaintiff) vs. MIDCHAEL and MICHELLE RArCH, (Defendant) No.04-1965 MLD , Term I. State matter to be argued (Le., p1aiDlift's motion for new tria1, defendant's demwrer to I!Iin; etc.): ,,<.:1. tqner's Petition to Strike Off Claim for Failure to Commence Action. 2. Identify COWIlIel who will argue cases: (a) for plain1iff: John W. Purcell. 1719 North Front (b) for defendant: John H, Pietraak, Esquire. Rea~er & Adler. P.C. 2331 Market St., ~~~1~) 17011 Jr.. Esouire' Purcell, Krug (Name and Address) St., Harrisburg, PA 17102 & Haller 3. I will notifY all parties in writiDg within two days that this case bas been 1isted for argument See attached certificate of service. 4. Argument Court Date: September 6, 2006 ~ Thomas O. Williams, Esquire Print your name Date: July 24, 2006 Mi~h~pl ~nn Mirhpl1p R~1rh Attorney for . ... CERTIFICATE OF SERVICE AND NOW, this 24th day of July, 2006, I hereby yerify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 TOMAS O. WILLIAMS, ESQUIRE Q t",., -- .... :7:1 :C'i-i i"-,) (~,.j' -,-, J. . John W. Purcell, Jr. J.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 jpurcell@pkh.com ROBERT JACKSON t/d/b/a JACKSON ENTERPRISES, Plaintiff : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 2004-1965 MLD MICHAEL & MICHELLE RAICH, Defendants PRAECIPE TO THE P.OTHONOTARY: Pleast.vithdraw the Plaintiffs Answer to Petition to Strike Off Claim for Failure to Commence Act'1 in the above captioned matter. Respectfully submitted, J 0 W. Purcell, J r. I.D #29955 19 North Front Street Harrisburg, P A 17102 (717) 234-4178 Date: September 5, 2006 ~ Ci C ( ,,~~ () -(1 ~.:;:1 ;"-;l -.j \::f . . CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendants by depositing said copy in the United States Mail, postage prepaid, first class mail on September 5, 2006: Thomas O. Williams, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, P A 17011-4642 Attorney for the Defendants . PURCELL, JR. .29955 n f.." ~ ~~ ( ,,~~ -.l __1 t-'::? ROBERT JACKSON tld/b/a JACKSON : IN THE COURT OF COMMON PLEAS OF ENTERPRISES, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL AND MICHELLE RAICH, DEFENDANTS r 4 fJs : 04 1 Qi8- CIVIL TERM ORDER OF COURT AND NOW, this ~ day of September, 2006, upon consideration of the petition to strike off claim of Michael Raich and Michelle Raich, the petition, IS GRANTED. The Mechanic's Lien, IS STRICKEN AND REMOVED. John H. Pietrzak, Esquire For Defendants John W. Purcell, Jr., Esquire For Plaintiff tf-g-o&, ~ ~ :yf5 :sal >- 0:: ;<::( j-. ~1~! ~? j;,~.~:' 1-\ j..__ 2;ff-~:! ::.iLl.. 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